[House Document 115-69]
[From the U.S. Government Publishing Office]
115th Congress, 1st Session----------------------HOUSE DOUCUMENT 115-69
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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. 1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 25, 2017.--Referred to the Committee on Foreign Affairs and
ordered to be printed
The White House,
Washington, September 21, 2017.
Hon. Paul D. Ryan,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the International Emergency
Economic Powers Act, as amended (50 U.S.C. 1701 et seq.)
(IEEPA), I hereby report that I have issued the enclosed
Executive Order (the ``order'') with respect to North Korea.
The order takes further steps with respect to the national
emergency declared in Executive Order 13466 of June 26, 2008,
as modified in scope by and relied upon for additional steps in
subsequent Executive Orders.
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, declaring a national emergency under IEEPA and the
National Emergencies Act (50 U.S.C. 1601 et seq.) to deal with
the unusual and extraordinary threat to the national security
and foreign policy of the United States posed by the existence
of weapons-usable fissile material on the Korean Peninsula and
the attendant risk of its proliferation. Executive Order 13466
continued certain restrictions on North Korea and North Korean
nationals that had been in place under TWEA.
In 2010, the President issued Executive Order 13551. In
that Executive Order, the President determined that the
Government of North Korea's continued provocative actions had
destabilized the Korean Peninsula and imperiled the Armed
Forces, allies, and trading partners of the United States in
the region and warranted the imposition of additional
sanctions. The President, therefore, expanded the national
emergency declared in Executive Order 13466 and blocked the
property and interests in property of three North Korean
entities and one individual listed in the Executive Order's
Annex and provided criteria under which the Secretary of the
Treasury, in consultation with the Secretary of State, could
designate additional persons whose property and interests in
property could be blocked.
In 2011, the President 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 Resolution (UNSCR) 1718 of October 4, 2006,
and UNSCR 1874 of June 12, 2009. In that Executive Order, the
President prohibited the direct and indirect importation of
goods, services, and technology from North Korea.
In 2015, the President issued Executive Order 13687. In
that Executive Order, the President determined that North
Korea's provocative, destabilizing, and repressive actions and
policies constituted a continuing threat to the national
security, foreign policy, and economy of the United States. He
therefore further expanded the national emergency declared in
Executive Order 13466 in order to block the property and
interests in property of persons determined by the Secretary of
the Treasury, in consultation with the Secretary of State, to
be agencies, instrumentalities, controlled entities, or
officials of the Government of North Korea or the Workers'
Party of Korea.
In 2016, the President found that the Government of North
Korea's continuing pursuit of its nuclear and missile programs,
as evidenced by its launch using ballistic missile technology
on February 7, 2016, and its nuclear test on January 6, 2016,
in violation of its obligations under numerous UNSCRs and in
contravention of its commitments under the September 19, 2005,
Joint Statement of the Six-Party Talks, increasingly imperiled
the United States and its allies. In order to address those
actions and take additional steps with respect to the national
emergency declared in Executive Order 13466, the President
issued Executive Order 13722, which blocked all property and
interests in property of the Government of North Korea and the
Workers' Party of Korea, as well as of persons determined to
meet certain criteria. Executive Order 13722 also prohibited
certain North Korea-related exports and investments,
facilitated implementation of certain provisions of the North
Korea Sanctions and Policy Enhancement Act of 2016 (Public Law
114-122), and enhanced the implementation of certain provisions
of UNSCR 2270 of March 2, 2016.
I have now found that the provocative, destabilizing, and
repressive actions and policies of the Government of North
Korea, including its intercontinental ballistic missile
launches of July 3 and July 28, 2017, and its nuclear test of
September 2, 2017, which violated its obligations pursuant to
numerous UNSCRs and contravened its commitments under the
September 19, 2005, Joint Statement of the Six-Party Talks; its
commission of serious human rights abuses; and its use of funds
generated through international trade to support its nuclear
and missile programs and weapons proliferation, constitute a
continuing threat to the national security, foreign policy, and
economy of the United States and a disturbance of the
international relations of the United States. The order I have
issued addresses that threat and takes additional steps with
respect to the national emergency declared in Executive Order
13466. The order also facilitates the implementation and
furthers the purposes of UNSCR 2321 of November 30, 2016, UNSCR
2356 of June 2, 2017, UNSCR 2371 of August 5, 2017, and UNSCR
2375 of September 11, 2017.
The order is targeted at specific activities of the
Government of North Korea and other individuals and entities
that defy UNSCRs 1718, 1874, 2087, 2094, 2270, 2321, 2356,
2371, and 2375 and international norms, and is not focused on
the North Korean people. The order also targets the
international trade network that supports the Government of
North Korea and the Workers' Party of Korea and their illegal
weapons programs.
The order blocks the property and interests in property of
persons determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
to operate in the construction, energy,
financial services, fishing, information technology,
manufacturing, medical, mining, textiles, or
transportation industries in North Korea;
to own, control, or operate any port in
North Korea, including any seaport, airport, or land
port of entry;
to have engaged in at least one significant
importation from or exportation to North Korea of any
goods, services, or technology;
to be a North Korean person, including a
North Korean person that has engaged in commercial
activity that generates revenue for 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; or
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.
The order also prohibits any aircraft or vessel in which a
foreign person has an interest that has landed or called at a
place or port in North Korea, and any vessel in which a foreign
person has an interest that has engaged in a ship-to-ship
transfer with such a vessel, from landing or calling at a place
or port in the United States within 180 days after its
departure from North Korea. Further, the order provides
authority to the Secretary of the Treasury to block funds that
originate from, are destined for, or pass through a foreign
bank account determined to be owned or controlled by a North
Korean person or to have been used to transfer funds in which
any North Korean person has an interest.
Finally, the order authorizes the Secretary of the
Treasury, in consultation with the Secretary of State, to
impose correspondent and payable-through account-related
sanctions on, or to block all property and interests in
property of, a foreign financial institution determined to
have, on or after the effective date of the order:
knowingly conducted or facilitated any
significant transaction on behalf of any person whose
property and interests in property are blocked pursuant
to Executive Order 13551, Executive Order 13687,
Executive Order 13722, or the enclosed order, or of any
person whose property and interests in property are
blocked pursuant to Executive Order 13382 in connection
with North Korea; or
knowingly conducted or facilitated any
significant transaction in connection with trade with
North Korea.
I have delegated to the Secretary of the Treasury the
authority, in consultation with the Secretary of State, to take
such actions, including the adoption of rules and regulations,
and to employ all powers granted to the President by IEEPA and
the United Nations Participation Act (22 U.S.C. 287c), as may
be necessary to implement the order. I also directed all
executive departments and agencies to take all appropriate
measures within their authority to implement the order.
Sincerely,
Donald J. Trump.
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.), the United Nations Participation Act of
1945 (22 U.S.C. 287c) (UNPA), section 1 of title II of Public
Law 65-24, ch. 30, June 15, 1917, as amended (50 U.S.C. 191),
sections 212(f) and 215(a) of the Immigration and Nationality
Act of 1952 (8 U.S.C. 1182(f) and 1185(a)), and section 301 of
title 3, United States Code; and in view of United Nations
Security Council Resolution (UNSCR) 2321 of November 30, 2016,
UNSCR 2356 of June 2, 2017, UNSCR 2371 of August 5, 2017, and
UNSCR 2375 of September 11, 2017, I, DONALD J. TRUMP, 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
intercontinental ballistic missile launches of July 3 and July
28, 2017, and its nuclear test of September 2, 2017, each of
which violated its obligations under numerous UNSCRs and
contravened its commitments under the September 19, 2005, Joint
Statement of the Six-Party Talks; its commission of serious
human rights abuses; and its use of funds generated through
international trade to support its nuclear and missile programs
and weapons proliferation, constitute a continuing threat to
the national security, foreign policy, and economy of the
United States, and a disturbance of the international relations
of the United States.
In order to take further steps with respect to the national
emergency declared in Executive Order 13466 of June 26, 2008,
as modified in scope by and relied upon for additional steps in
subsequent Executive Orders, I hereby find, determine, and
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 operate in the construction, energy, financial
services, fishing, information technology,
manufacturing, medical, mining, textiles, or
transportation industries in North Korea;
(ii) to own, control, or operate any port in North
Korea, including any seaport, airport, or land port of
entry;
(iii) to have engaged in at least one significant
importation from or exportation to North Korea of any
goods, services, or technology;
(iv) to be a North Korean person, including a North
Korean person that has engaged in commercial activity
that generates revenue for the Government of North
Korea or the Workers' Party of Korea;
(v) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any 3
person whose property and interests in property are
blocked pursuant to this order; or
(vi) 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.
(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 before 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.
(c) I hereby determine that the making of donations of the
types 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 subsection (a) of this section 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 subsection (a) of this section.
(d) The prohibitions in subsection (a) of this section
include:
(i) 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 subsection (a) of this section; and
(ii) the receipt of any contribution or provision of
funds, goods, or services from any such person.
Sec. 2. (a) No aircraft in which a foreign person has an
interest that has landed at a place in North Korea may land at
a place in the united States within 180 days after departure
from North Korea.
(b) No vessel in which a foreign person has an interest
that has called at a port in North Korea within the previous
180 days, and no vessel in which a foreign person has an
interest that has engaged in a ship-to-ship transfer with such
a vessel within the previous 180 days, may call at a port in
the United States.
(c) The prohibitions in subsections (a) and (b) 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 before the
effective date of this order.
Sec. 3. (a) All funds 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 and that originate from, are destined for, or
pass through a foreign bank account that has been determined by
the Secretary of the Treasury to be owned or controlled by a
North Korean person, or to have been used to transfer funds in
which any North Korean person has an interest, are blocked and
may not be transferred, paid, exported, withdrawn, or otherwise
dealt in.
(b) No United States person, wherever located, may approve,
finance, facilitate, or guarantee a transaction by a foreign
person where the transaction by that foreign person would be
prohibited by subsection (a) of this section if performed by a
United States person or within the United States.
(c) The prohibitions in subsections (a) and (b) 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 before the
effective date of this order.
Sec. 4. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to impose on
a foreign financial institution the sanctions described in
subsection (b) of this section upon determining that the
foreign financial institution has, on or after the effective
date of this order:
(i) knowingly conducted or facilitated any
significant transaction on behalf of any person whose
property and interests in property are blocked pursuant
to Executive Order 13551 of August 30, 2010, Executive
Order 13687 of January 2, 2015, Executive Order 13722
of March 15, 2016, or this order, or of any person
whose property and interests in property are blocked
pursuant to Executive Order 13382 in connection with
North Korea-related activities; or
(ii) knowingly conducted or facilitated any
significant transaction in connection with trade with
North Korea.
(b) With respect to any foreign financial institution
determined by the Secretary of the Treasury, in consultation
with the Secretary of State, in accordance with this section to
meet the criteria set forth in subsection (a)(i) or (a)(ii) of
this section, the Secretary of the Treasury may:
(i) prohibit the opening and prohibit or impose
strict conditions on the maintenance of correspondent
accounts or payable-through accounts in the United
States; or
(ii) block 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 such foreign financial institution, and
provide that such property and interests in property
may not be transferred, paid, exported, withdrawn, or
otherwise dealt in.
(c) The prohibitions in subsection (b) 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 before the
effective date of this order.
(d) I hereby determine that the making of donations of the
types 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 subsection (b)(ii) of this section 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 subsection (b)(ii) of this section.
(e) The prohibitions in subsection (b)(ii) of this section
include:
(i) 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 7
are blocked pursuant to subsection (b)(ii) of this
section; and
(ii) the receipt of any contribution or provision of
funds, goods, or services from any such person.
Sec. 5. 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 the
entry of such persons into the United States, as immigrants or
nonimmigrants, is therefore hereby suspended. 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. 6. (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. 7. 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. 8. 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 Korean person'' means any North Korean
citizen, North Korean permanent resident alien, or entity
organized under the laws of North Korea or any jurisdiction
within North Korea (including foreign branches). For the
purposes of section 1 of this order, the term ``North Korean
person'' shall not include any United States citizen, any
permanent resident alien of the United States, any alien
lawfully admitted to the United States, or any alien holding a
valid United States visa;
(e) the term ``foreign financial institution'' means any
foreign entity that is engaged in the business of accepting
deposits, making, granting, transferring, holding, or brokering
loans or credits, or purchasing or selling foreign exchange,
securities, commodity futures or options, or procuring
purchasers and sellers thereof, as principal or agent. The term
includes, among other entities, depository institutions; banks;
savings banks; money service businesses; trust companies;
securities brokers and dealers; commodity futures and options
brokers and dealers; forward contract and foreign exchange
merchants; securities and commodities exchanges; clearing
corporations; investment companies; employee benefit plans;
dealers in precious metals, stones, or jewels; and holding
companies, affiliates, or subsidiaries of any of the foregoing.
The term does not include the international financial
institutions identified in 22 U.S.C. 262r(c)(2), the
International Fund for Agricultural Development, the North
American Development Bank, or any other international financial
institution so notified by the Secretary of the Treasury; and
(f) the term ``knowingly,'' with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the
circumstance, or the result.
Sec. 9. 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 this order.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such
actions, including adopting rules and regulations, and to
employ all powers granted to me by IEEPA and UNPA as may be
necessary to implement this order. The Secretary of the
Treasury may, consistent with applicable law, redelegate any of
these functions to other officers and agencies of the United
States. All agencies shall take all appropriate measures within
their authority to implement this order.
Sec. 11. This order is effective at 12:01 a.m., Eastern
Daylight Time, September 21, 2017.
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.
Donald J. Trump.
The White House, September 20, 2017.
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