[House Document 114-117]
[From the U.S. Government Publishing Office]
114th Congress, 2d Session - - - - - - - - - House Document 114-117
CONTINUATION OF AND MODIFICATION TO THE NATIONAL EMERGENCY WITH RESPECT
TO NORTH KOREA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH
RESPECT TO THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO BLOCKING
PROPERTY OF THE GOVERNMENT OF NORTH KOREA AND THE WORKERS' PARTY OF
KOREA, AND PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT TO NORTH KOREA
IN EXECUTIVE ORDER 13466 OF JUNE 26, 2008, EXPANDED IN SCOPE IN
EXECUTIVE ORDER 13551 OF AUGUST 30, 2010, RELIED UPON FOR ADDITIONAL
STEPS IN EXECUTIVE ORDER 13570 OF APRIL 18, 2011, AND FURTHER EXPANDED
IN EXECUTIVE ORDER 13687 OF JANUARY 2, 2015, PURSUANT TO 50 U.S.C.
1641(b); PUBLIC LAW 94-412, SEC. 401(b); (90 STAT. 1257) AND 50 U.S.C.
1703(b); PUBLIC LAW 95-223, SEC. 204(b); (91 STAT. 1627)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 17, 2016.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-011 WASHINGTON : 2016
To the Congress of the United States:
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. The order takes additional steps with respect to the
national emergency declared in Executive Order 13466 of June
26, 2008, expanded in scope in Executive Order 13551 of August
30, 2010, relied upon for additional steps in Executive Order
13570 of April 18, 2011, and further expanded in scope in
Executive Order 13687 of January 2, 2015. The order also
facilitates implementation of certain provisions of the North
Korea Sanctions and Policy Enhancement Act of 2016 (Public Law
114-122), which I signed on February 18, 2016, and ensures the
implementation of certain provisions of United Nations Security
Council Resolution (UNSCR) 2270 of March 2, 2016.
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 UNSCRs 1718 and 1874. That
Executive Order prohibited the direct or indirect importation
of goods, services, and technology from North Korea.
In 2015, I issued Executive Order 13687, in which I
determined that the provocative, destabilizing, and repressive
actions and policies of the Government of North Korea
constitute a continuing threat to the national security,
foreign policy, and economy of the United States, and further
expanded the national emergency declared in Executive Order
13466. In Executive Order 13687 I provided additional 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.
I have now determined that the Government of North Korea's
continuing pursuit of its nuclear and missile programs, as
evidenced most recently by its February 7, 2016, launch using
ballistic missile technology and its January 6, 2016, nuclear
test in violation of its obligations pursuant to numerous
UNSCRs and in contravention of its commitments under the
September 19, 2005, Joint Statement of the Six-Party Talks,
increasingly imperils the United States and its allies. The
order addresses those actions and takes additional steps with
respect to the national emergency declared in Executive Order
13466 of June 26, 2008. The order also facilitates
implementation of certain provisions of the North Korea
Sanctions and Policy Enhancement Act of 2016 (Public Law 114-
122), which I signed on February 18, 2016, and ensures the
implementation of certain provisions of UNSCR 2270 of March 2,
2016.
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. It
blocks the property and interests in property of the Government
of North Korea and the Workers' Party of Korea and provides
additional 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 operate in such industries in the North
Korean economy as may be determined by the Secretary of
the Treasury, in consultation with the Secretary of
State, such as transportation, mining, energy, or
financial services;
to have sold, supplied, transferred, or
purchased, directly or indirectly, to or from North
Korea or any person acting for or on behalf of the
Government of North Korea or the Workers' Party of
Korea, metal, graphite, coal, or software, where any
revenue or goods received may benefit the Government of
North Korea or the Workers' Party of Korea, including
North Korea's nuclear or ballistic missile programs;
to have engaged in, facilitated, or been
responsible for an abuse or violation of human rights
by the Government of North Korea or the Workers' Party
of Korea or any person acting for or on behalf of
either such entity;
to have engaged in, facilitated, or been
responsible for the exportation of workers from North
Korea, including exportation to generate revenue for
the Government of North Korea or the Workers' Party of
Korea;
to have engaged in significant activities
undermining cybersecurity through the use of computer
networks or systems against targets outside of North
Korea on behalf of the Government of North Korea or the
Workers' Party of Korea;
to have engaged in, facilitated, or been
responsible for censorship by the Government of North
Korea or 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, any
person whose property and interests in property are
blocked pursuant to the order;
to be owned or controlled by, or to have
acted or purported to act for or on behalf of, directly
or indirectly, any person whose property and interests
in property are blocked pursuant to the order; or
to have attempted to engage in any of the
activities described above.
In addition, the order prohibits:
the exportation of goods, services, and
technology to North Korea;
new investment in North Korea; and
the approval, financing, facilitation, or
guarantee of such exports and investments.
Finally, 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.
Barack Obama.
The White House, March 15, 2016.
Executive Order
----------
Blocking Property of the Government of North Korea and the Workers'
Party of Korea, and 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.), the United Nations Participation Act of
1945 (22 U.S.C. 287c) (UNPA), the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122), 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)
2270 of March 2, 2016,
I, BARACK OBAMA, President of the United States of America,
find that the Government of North Korea's continuing pursuit of
its nuclear and missile programs, as evidenced most recently by
its February 7, 2016, launch using ballistic missile technology
and its January 6, 2016, nuclear test in violation of its
obligations pursuant to numerous UNSCRs and in contravention of
its commitments under the September 19, 2005, Joint Statement
of the Six-Party Talks, increasingly imperils the United States
and its allies. To address those actions, and to take
additional steps with respect to the national emergency
declared in Executive Order 13466 of June 26, 2008, as modified
in scope and relied upon for additional steps in subsequent
Executive Orders, 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 Government of North
Korea or the Workers' Party of Korea are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order or pursuant to the export control
authorities implemented by the Department of Commerce, and
notwithstanding any contract entered into or any license or
permit granted prior to the effective date of this order.
Sec. 2. (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 operate in any industry in the North Korean
economy as may be determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
to be subject to this subsection, such as
transportation, mining, energy, or financial services;
(ii) to have sold, supplied, transferred, or
purchased, directly or indirectly, to or from North
Korea or any person acting for or on behalf of the
Government of North Korea or the Workers' Party of
Korea, metal, graphite, coal, or software, where any
revenue or goods received may benefit the Government of
North Korea or the Workers' Party of Korea, including
North Korea's nuclear or ballistic missile programs;
(iii) to have engaged in, facilitated, or been
responsible for an abuse or violation of human rights
by the Government of North Korea or the Workers' Party
of Korea or any person acting for or on behalf of
either such entity;
(iv) to have engaged in, facilitated, or been
responsible for the exportation of workers from North
Korea, including exportation to generate revenue for
the Government of North Korea or the Workers' Party of
Korea;
(v) to have engaged in significant activities
undermining cybersecurity through the use of computer
networks or systems against targets outside of North
Korea on behalf of the Government of North Korea or the
Workers' Party of Korea;
(vi) to have engaged in, facilitated, or been
responsible for censorship by the Government of North
Korea or the Workers' Party of Korea;
(vii) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
person whose property and interests in property are
blocked pursuant to this order;
(viii) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to this order; or
(ix) to have attempted to engage in any of the
activities described in subsections (a) (i)-(viii) of
this section.
(b) The prohibitions in subsection (a) of this section
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. The prohibitions in subsection
(a) of this section are in addition to export control
authorities implemented by the Department of Commerce.
Sec. 3. (a) The following are prohibited:
(i) the exportation or reexportation, direct or
indirect, from the United States, or by a United States
person, wherever located, of any goods, services, or
technology to North Korea;
(ii) new investment in North Korea by a United States
person, wherever located; and
(iii) any approval, financing, facilitation, or
guarantee by a United States person, wherever located,
of a transaction by a foreign person where the
transaction by that foreign person would be prohibited
by this section if performed by a United States person
or within the United States.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order or pursuant to the export control
authorities implemented by the Department of Commerce, and
notwithstanding any contract entered into or any license or
permit granted prior to the effective date of this order.
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 subsection 2(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. 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 or 2 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 sections 1 and 2 of this order.
Sec. 6. The prohibitions in sections 1 and 2 of 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. 7. (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. 8. Nothing in this order shall prohibit transactions
for the conduct of the official business of the Federal
Government or the United Nations (including its specialized
agencies, programmes, funds, and related organizations) by
employees, grantees, or contractors thereof.
Sec. 9. 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. 10. 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 or 2 of
this order.
Sec. 11. 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. 12. 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. 13. This order is effective at 12:01 a.m. eastern
daylight time on March 16, 2016.
Barack Obama.
The White House, March 15, 2016.
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