[House Document 112-18]
[From the U.S. Government Publishing Office]
112th Congress, 1st Session - - - - - - - - - - - - - House Document 112-18
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO NORTH KOREA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH
RESPECT TO THE NATIONAL EMERGENCY BY THE GOVERNMENT OF NORTH KOREA
DECLARED BY EXECUTIVE ORDER 13466 OF JUNE 26, 2008, AND EXPANDED IN
EXECUTIVE ORDER 13551 OF AUGUST 30, 2010 THAT WILL ENSURE
IMPLEMENTATION OF THE IMPORT RESTRICTIONS CONTAINED IN UNSCRs 1718 AND
1874 AND COMPLEMENT THE IMPORT RESTRICTIONS PROVIDED FOR IN THE ARMS
EXPORT CONTROL ACT, PURSUANT TO 50 U.S.C. 1622(d)
May 2, 2011.--Referred to the Committee on Foreign Affairs and ordered
to be printed
The White House,
Washington, April 18, 2011.
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'')
that takes additional steps to address the national emergency
declared in Executive Order 13466 of June 26, 2008, and
expanded in Executive Order 13551 of August 30, 2010.
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 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 issued Executive Order 13551, expanding 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.
The United Nations Security Council, in Resolutions 1718
and 1874, requires Member States to take certain measures to
prevent, among other transactions, the importation of certain
goods and services from North Korea. The sanctions contained in
Executive Order 13551 strengthen the implementation of these
Resolutions.
I have issued the order today to further address the
national emergency with respect to North Korea and ensure
implementation of United Nations Security Council Resolutions
1718 and 1874. The order also complements executive authorities
under section 73 of the Arms Export Control Act to ensure that
all imports from North Korea are consistent with the import
restrictions described in that provision, even when relevant
designations under that provision are not in effect. To
accomplish these goals, the order prohibits the direct or
indirect importation of goods, services, and technology from
North Korea. Unless exempt, all imports into the United States
from North Korea must be authorized.
The order leaves in place all existing sanctions imposed
under Executive Orders 13466 and 13551.
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 and the United Nations Participation Act as may be
necessary to carry out the purposes of the order. In
particular, this delegated authority may be used to establish a
process to consider licenses for imports from North Korea that
are consistent with the purposes of the order.
The order is effective at 12:01 a.m. eastern daylight time
on April 19, 2011. All executive agencies of the United States
Government 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 order I have issued.
Sincerely,
Barack Obama.
Executive Order
----------
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.), section 5 of the United Nations
Participation Act of 1945 (22 U.S.C. 287c) (UNPA), and section
301 of title 3, United States Code, and in view of United
Nations Security Council Resolution (UNSCR) 1718 of October 14,
2006, and UNSCR 1874 of June 12, 2009,
I, BARACK OBAMA, President of the United States of America,
in order to take additional steps to address the national
emergency declared in Executive Order 13466 of June 26, 2008,
and expanded in Executive Order 13551 of August 30, 2010, that
will ensure implementation of the import restrictions contained
in UNSCRs 1718 and 1874 and complement the import restrictions
provided for in the Arms Export Control Act (22 U.S.C. 2751 et
seq.), hereby order:
Section 1. Except to the extent provided in statutes or in
licenses, regulations, orders, or directives that may be issued
pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the date
of this order, the importation into the United States, directly
or indirectly, of any goods, services, or technology from North
Korea is prohibited.
Sec. 2. (a) Any transaction by a United States person or
within the United States 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. 3. The provisions of Executive Orders 13466 and 13551
remain in effect, and this order does not affect any action
taken pursuant to those orders.
Sec. 4. 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 Korea'' includes the territory
of the Democratic People's Republic of Korea and the
Government of North Korea; and
(e) the term ``Government of North Korea'' means the
Government of the Democratic People's Republic of
Korea, its agencies, instrumentalities, and controlled
entities.
Sec. 5. 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. 6. 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. 7. This order is effective at 12:01 a.m. eastern
daylight time on April 19, 2011.
Barack Obama.
The White House, April 18, 2011.