[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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