[House Document 113-180]
[From the U.S. Government Publishing Office]
113th Congress, 2d Session - - - - - - - - - - House Document 113-180
IMPOSING ADDITIONAL SANCTIONS WITH RESPECT TO NORTH KOREA
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF AN EXECUTIVE ORDER ISSUED WITH RESPECT TO NORTH KOREA
THAT EXPANDS THE NATIONAL EMERGENCY DECLARED IN EXECUTIVE ORDER 13466
OF JUNE 26, 2008, AS AMENDED BY EXECUTIVE ORDER 13551 OF AUGUST 30,
2010, AND EXECUTIVE ORDER 13570 OF APRIL 18, 2011, PURSUANT TO 50
U.S.C. 1701 ET SEQ
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2, 2015.--Referred to the Committee on Foreign Affairs and
ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-011 WASHINGTON : 2014
The White House,
Washington, January 2, 2015.
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'')
with respect to North Korea that expands the national emergency
declared in Executive Order 13466 of June 26, 2008, expanded in
scope in Executive Order 13551 of August 30, 2010, and relied
upon for additional steps in Executive Order 13570 of April 18,
2011. The order takes additional steps to address North Korea's
continued actions that threaten the United States and others.
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 issued Executive Order 13551. In that order, 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 expanded 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.
In 2011, I issued Executive Order 13570 to further address
the national emergency with respect to North Korea and to
strengthen the implementation of United Nations Security
Council Resolutions 1718 and 1874. That Executive Order
prohibited the direct or indirect importation of goods,
services, and technology from North Korea.
I have now determined that the provocative, destabilizing,
and repressive actions and policies of the Government of North
Korea, including its destructive, coercive cyber-related
actions during November and December 2014, actions in violation
of United Nations Security Council Resolutions 1718, 1874,
2087, and 2094, and commission of serious human rights abuses,
constitute a continuing threat to the national security,
foreign policy, and economy of the United States.
The order is not targeted at the people of North Korea, but
rather is aimed at the Government of North Korea and its
activities that threaten the United States and others. The
order leaves in place all existing sanctions imposed under
Executive Orders 13466, 13551, and 13570. It provides criteria
for blocking the property and interests in property of any
person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
to be an agency, instrumentality, or
controlled entity of the Government of North Korea or
the Workers' Party of Korea;
to be an official of the Government of North
Korea;
to be an official of the Workers' Party of
Korea;
to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, the
Government of North Korea or any person whose property
and interests in property are blocked pursuant to the
order; or
to be owned or controlled by, or to have
acted or purported to act for or on behalf of, directly
or indirectly, the Government of North Korea or any
person whose property and interests in property are
blocked pursuant to the order.
In addition, the order suspends entry into the United
States of any alien determined to meet one or more of the above
criteria.
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, as may be necessary to carry out the purposes of the
order. All executive agencies 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 Executive Order I have issued.
Sincerely,
Barack Obama.
Executive Order
----------
Imposing Additional Sanctions 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 212(f) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of
title 3, United States Code; and in view of United Nations
Security Council Resolution (UNSCR) 1718 of October 14, 2006,
UNSCR 1874 of June 12, 2009, UNSCR 2087 of January 22, 2013,
and UNSCR 2094 of March 7, 2013,
I, BARACK OBAMA, President of the United States of America,
find that the provocative, destabilizing, and repressive
actions and policies of the Government of North Korea,
including its destructive, coercive cyber-related actions
during November and December 2014, actions in violation of
UNSCRs 1718, 1874, 2087, and 2094, and commission of serious
human rights abuses, constitute a continuing threat to the
national security, foreign policy, and economy of the United
States, and hereby expand the scope of the national emergency
declared in Executive Order 13466 of June 26, 2008, expanded in
scope in Executive Order 13551 of August 30, 2010, and relied
upon for additional steps in Executive Order 13570 of April 18,
2011. To address this threat and to take further steps with
respect to this national emergency, I hereby order:
Section 1. (a) All property and interests in property that
are in the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of any United States person of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in: any person determined by the
Secretary of the Treasury, in consultation with the Secretary
of State:
(i) to be an agency, instrumentality, or controlled
entity of the Government of North Korea or the Workers'
Party of Korea;
(ii) to be an official of the Government of North
Korea;
(iii) to be an official of the Workers' Party of
Korea;
(iv) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, the
Government of North Korea or any person whose property
and interests in property are blocked pursuant to this
order; or
(v) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or
indirectly, the Government of North Korea or any person
whose property and interests in property are blocked
pursuant to this order.
(b) The prohibitions in this order apply except to the
extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date of this
order.
Sec. 2. I hereby determine that the making of donations of
the type of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to section 1 of this order would seriously impair my ability to
deal with the national emergency declared in Executive Order
13466, and I hereby prohibit such donations as provided by
section 1 of this order.
Sec. 3. The prohibitions in this order include but are not
limited to:
(a) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to this order; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 4. I hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of aliens determined
to meet one or more of the criteria in section 1(a) of this
order would be detrimental to the interests of the United
States, and I hereby suspend entry into the United States, as
immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of
Proclamation 8693 of July 24, 2011 (Suspension of Entry of
Aliens Subject to United Nations Security Council Travel Bans
and International Emergency Economic Powers Act Sanctions).
Sec. 5. (a) Any transaction 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. 6. 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; and
(d) the term ``Government of North Korea'' means the
Government of the Democratic People's Republic of Korea and its
agencies, instrumentalities, and controlled entities.
Sec. 7. For those persons whose property and interests in
property are blocked pursuant to this order who might have a
constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to this order would render those measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
Executive Order 13466, there need be no prior notice of a
listing or determination made pursuant to section 1 of this
order.
Sec. 8. 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, 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. 9. 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.
Barack Obama.
The White House, January 2, 2015.
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