[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

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       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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