[House Document 112-18]
[From the U.S. Government Publishing Office]



112th Congress, 1st Session - - - - - - - - - - - - - House Document 112-18

 
    DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO NORTH KOREA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH 
  RESPECT TO THE NATIONAL EMERGENCY BY THE GOVERNMENT OF NORTH KOREA 
  DECLARED BY EXECUTIVE ORDER 13466 OF JUNE 26, 2008, AND EXPANDED IN 
       EXECUTIVE ORDER 13551 OF AUGUST 30, 2010 THAT WILL ENSURE 
IMPLEMENTATION OF THE IMPORT RESTRICTIONS CONTAINED IN UNSCRs 1718 AND 
 1874 AND COMPLEMENT THE IMPORT RESTRICTIONS PROVIDED FOR IN THE ARMS 
           EXPORT CONTROL ACT, PURSUANT TO 50 U.S.C. 1622(d)




May 2, 2011.--Referred to the Committee on Foreign Affairs and ordered 
                             to be printed
                                           The White House,
                                        Washington, April 18, 2011.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby 
report that I have issued an Executive Order (the ``order'') 
that takes additional steps to address the national emergency 
declared in Executive Order 13466 of June 26, 2008, and 
expanded in Executive Order 13551 of August 30, 2010.
    In 2008, upon terminating the exercise of certain 
authorities under the Trading With the Enemy Act (TWEA) with 
respect to North Korea, the President issued Executive Order 
13466 and declared a national emergency pursuant to IEEPA to 
deal with the unusual and extraordinary threat to the national 
security and foreign policy of the United States posed by the 
existence and risk of the proliferation of weapons-usable 
fissile material on the Korean Peninsula. Executive Order 13466 
continued certain restrictions on North Korea and North Korean 
nationals that had been in place under TWEA.
    In 2010, I determined that the Government of North Korea's 
continued provocative actions destabilized the Korean Peninsula 
and imperiled U.S. Armed Forces, allies, and trading partners 
in the region, and warranted the imposition of additional 
sanctions, and I issued Executive Order 13551, expanding the 
national emergency declared in Executive Order 13466. In 
Executive Order 13551, I ordered blocked the property and 
interests in property of three North Korean entities and one 
individual listed in the Annex to that order and provided 
criteria under which the Secretary of the Treasury, in 
consultation with the Secretary of State, may designate 
additional persons whose property and interests in property 
shall be blocked.
    The United Nations Security Council, in Resolutions 1718 
and 1874, requires Member States to take certain measures to 
prevent, among other transactions, the importation of certain 
goods and services from North Korea. The sanctions contained in 
Executive Order 13551 strengthen the implementation of these 
Resolutions.
    I have issued the order today to further address the 
national emergency with respect to North Korea and ensure 
implementation of United Nations Security Council Resolutions 
1718 and 1874. The order also complements executive authorities 
under section 73 of the Arms Export Control Act to ensure that 
all imports from North Korea are consistent with the import 
restrictions described in that provision, even when relevant 
designations under that provision are not in effect. To 
accomplish these goals, the order prohibits the direct or 
indirect importation of goods, services, and technology from 
North Korea. Unless exempt, all imports into the United States 
from North Korea must be authorized.
    The order leaves in place all existing sanctions imposed 
under Executive Orders 13466 and 13551.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Secretary of State, to take 
such actions, including the promulgation of rules and 
regulations, and to employ all powers granted to the President 
by IEEPA and the United Nations Participation Act as may be 
necessary to carry out the purposes of the order. In 
particular, this delegated authority may be used to establish a 
process to consider licenses for imports from North Korea that 
are consistent with the purposes of the order.
    The order is effective at 12:01 a.m. eastern daylight time 
on April 19, 2011. All executive agencies of the United States 
Government are directed to take all appropriate measures within 
their authority to carry out the provisions of the order.
    I am enclosing a copy of the order I have issued.
            Sincerely,
                                                      Barack Obama.
                            Executive Order

                              ----------                              


           Prohibiting Certain Transactions With Respect to 
                              North Korea

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.), section 5 of the United Nations 
Participation Act of 1945 (22 U.S.C. 287c) (UNPA), and section 
301 of title 3, United States Code, and in view of United 
Nations Security Council Resolution (UNSCR) 1718 of October 14, 
2006, and UNSCR 1874 of June 12, 2009,
    I, BARACK OBAMA, President of the United States of America, 
in order to take additional steps to address the national 
emergency declared in Executive Order 13466 of June 26, 2008, 
and expanded in Executive Order 13551 of August 30, 2010, that 
will ensure implementation of the import restrictions contained 
in UNSCRs 1718 and 1874 and complement the import restrictions 
provided for in the Arms Export Control Act (22 U.S.C. 2751 et 
seq.), hereby order:
    Section 1. Except to the extent provided in statutes or in 
licenses, regulations, orders, or directives that may be issued 
pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted prior to the date 
of this order, the importation into the United States, directly 
or indirectly, of any goods, services, or technology from North 
Korea is prohibited.
    Sec. 2. (a) Any transaction by a United States person or 
within the United States that evades or avoids, has the purpose 
of evading or avoiding, causes a violation of, or attempts to 
violate any of the prohibitions set forth in this order is 
prohibited.
    (b) Any conspiracy formed to violate any of the 
prohibitions set forth in this order is prohibited.
    Sec. 3. The provisions of Executive Orders 13466 and 13551 
remain in effect, and this order does not affect any action 
taken pursuant to those orders.
    Sec. 4. For the purposes of this order:
          (a) the term ``person'' means an individual or 
        entity;
          (b) the term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or other organization;
          (c) the term ``United States person'' means any 
        United States citizen, permanent resident alien, entity 
        organized under the laws of the United States or any 
        jurisdiction within the United States (including 
        foreign branches), or any person in the United States;
          (d) the term ``North Korea'' includes the territory 
        of the Democratic People's Republic of Korea and the 
        Government of North Korea; and
          (e) the term ``Government of North Korea'' means the 
        Government of the Democratic People's Republic of 
        Korea, its agencies, instrumentalities, and controlled 
        entities.
    Sec. 5. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to take such 
actions, including the promulgation of rules and regulations, 
and to employ all powers granted to the President by IEEPA and 
the UNPA as may be necessary to carry out the purposes of this 
order. The Secretary of the Treasury may redelegate any of 
these functions to other officers and agencies of the United 
States Government consistent with applicable law. All agencies 
of the United States Government are hereby directed to take all 
appropriate measures within their authority to carry out the 
provisions of this order.
    Sec. 6. This order is not intended to, and does not, create 
any right or benefit, substantive or procedural, enforceable at 
law or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or 
agents, or any other person.
    Sec. 7. This order is effective at 12:01 a.m. eastern 
daylight time on April 19, 2011.

                                                      Barack Obama.
    The White House, April 18, 2011.

                                  
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