[House Document 115-69]
[From the U.S. Government Publishing Office]



115th Congress, 1st Session----------------------HOUSE DOUCUMENT 115-69
======================================================================
 
       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

                              ----------                              


       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.

                                  [all]