[House Document 111-141]
[From the U.S. Government Publishing Office]
111th Congress, 2d Session - - - - - - - - - House Document 111-141
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO NORTH KOREA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE
PROPERTY OF CERTAIN PERSONS WITH RESPECT TO NORTH KOREA, PURSUANT TO 50
U.S.C. 1631
September 16, 2010.--Referred to the Committee on Foreign Affairs and
ordered to be printed
The White House,
Washington, August 30, 2010.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam 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 expands the scope of the national emergency declared in
Executive Order 13466 of June 26, 2008, and takes additional
steps with respect to that national emergency.
In 2008, the United States terminated the exercise of
certain authorities under the Trading With the Enemy Act (TWEA)
with respect to North Korea, and also 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.
I have determined that the Government of North Korea's
continued provocative actions, such as its unprovoked attack on
and sinking of the Republic of Korea Navy ship Cheonan in March
2010, which resulted in the deaths of 46 sailors; its announced
test of a nuclear device and missile launches in 2009; its
violations of United Nations Security Council Resolution
(UNSCR) 1718 of October 14, 2006, and UNSCR 1874 of June 12,
2009, including the procurement of luxury goods; and the
illicit and deceptive economic activities through which it
obtains financial and other support, including money
laundering, the counterfeiting of goods and currency, bulk cash
smuggling, and narcotics trafficking, destabilize the Korean
peninsula and imperil U.S. Armed Forces, allies, and trading
partners in the region, and warrant the imposition of
additional sanctions.
The United Nations Security Council, in Resolutions 1718
and 1874, requires Member States to take certain measures to
prevent, among other activities, the transfer of most arms and
related materiel to or from North Korea and the transfer of
luxury goods to North Korea. The United States has implemented
those two UNSCRs, and the order strengthens that
implementation.
The order is not targeted at the people of North Korea, nor
at those who provide legitimate humanitarian relief to those
people, but rather is aimed at specific activities of the
Government of North Korea and others undertaken in defiance of
UNSCRs 1718 and 1874. The order targets the international
network that supports the Government of North Korea through
arms sales and illicit economic activities, including money
laundering, the counterfeiting of goods and currency, bulk cash
smuggling, and narcotics trafficking.
The order leaves in place all existing sanctions imposed
under Executive Order 13466, and blocks the property and
interests in property of persons listed in the Annex to the
order. The order also provides criteria for designations of
persons determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
to have, directly or indirectly, imported,
exported, or reexported to, into, or from North Korea
any arms or related materiel;
to have, directly or indirectly, provided
training, advice, or other services or assistance, or
engaged in financial transactions, related to the
manufacture, maintenance, or use of any arms or related
materiel to be imported, exported, or reexported to,
into, or from North Korea, or following their
importation, exportation, or reexportation to, into, or
from North Korea;
to have, directly or indirectly, imported,
exported, or reexported luxury goods to or into North
Korea;
to have, directly or indirectly, engaged in
money laundering, the counterfeiting of goods or
currency, bulk cash smuggling, narcotics trafficking,
or other illicit economic activity that involves or
supports the Government of North Korea or any senior
official thereof;
to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, the
activities described in sections 1(a)(ii)(A)-(D) of the
order or 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 in sections 1(a)(ii)(A)-(F) of the
order.
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. I have also
delegated to the Secretary of the Treasury, in consultation
with the Secretary of State, the authority to determine that
circumstances no longer warrant the blocking of the property
and interests in property of a person listed in the Annex to
the order, and to take necessary action to give effect to that
determination.
The order was effective at 12:01 p.m., eastern daylight
time on August 30, 2010. 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 Executive Order I have issued.
Barack Obama.
Executive Order
----------
Blocking Property of Certain Persons 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; in view of United Nations
Security Council Resolution (UNSCR) 1718 of October 14, 2006,
and UNSCR 1874 of June 12, 2009; and to take additional steps
with respect to the situation in North Korea,
I, BARACK OBAMA, President of the United States of America,
hereby expand the scope of the national emergency declared in
Executive Order 13466 of June 26, 2008, finding that the
continued actions and policies of the Government of North
Korea, manifested most recently by its unprovoked attack that
resulted in the sinking of the Republic of Korea Navy ship
Cheonan and the deaths of 46 sailors in March 2010; its
announced test of a nuclear device and its missile launches in
2009; its actions in violation of UNSCRs 1718 and 1874,
including the procurement of luxury goods; and its illicit and
deceptive activities in international markets through which it
obtains financial and other support, including money
laundering, the counterfeiting of goods and currency, bulk cash
smuggling, and narcotics trafficking, destabilize the Korean
peninsula and imperil U.S. Armed Forces, allies, and trading
partners in the region, and thereby constitute an unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States.
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, including any overseas
branch, of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
and
(ii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State:
(A) to have, directly or indirectly,
imported, exported, or reexported to, into, or
from North Korea any arms or related materiel;
(B) to have, directly or indirectly, provided
training, advice, or other services or
assistance, or engaged in financial
transactions, related to the manufacture,
maintenance, or use of any arms or related
materiel to be imported, exported, or
reexported to, into, or from North Korea, or
following their importation, exportation, or
reexportation to, into, or from North Korea;
(C) to have, directly or indirectly,
imported, exported, or reexported luxury goods
to or into North Korea;
(D) to have, directly or indirectly, engaged
in money laundering, the counterfeiting of
goods or currency, bulk cash smuggling,
narcotics trafficking, or other illicit
economic activity that involves or supports the
Government of North Korea or any senior
official thereof;
(E) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
to or in support of, the activities described
in subsections (a)(ii)(A)-(D) of this section
or any person whose property and interests in
property are blocked pursuant to this order;
(F) 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
(G) to have attempted to engage in any of the
activities described in subsections (a)(ii)(A)-
(F) of this section.
(b) I hereby determine that, to the extent section
203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making
of donations of the types of articles specified in such section
by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order would
seriously impair my ability to deal with the national emergency
declared in Executive Order 13466 and expanded in scope in this
order, and I hereby prohibit such donations as provided by
subsection (a) of this section.
(c) The prohibitions in subsection (a) of this section
include, but are not limited to:
(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 this order; and
(ii) the receipt of any contribution or provision of
funds, goods, or services from any such person.
(d) 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.
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 Order 13466 remain in
effect, and this order does not affect any action taken
pursuant to that order.
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;
(e) the term ``Government of North Korea'' means the
Government of the Democratic People's Republic of Korea, its
agencies, instrumentalities, and controlled entities; and
(f) the term ``luxury goods'' includes those items listed
in 15 CFR 746.4(b)(1) and Supplement No. 1 to part 746 and
similar items.
Sec. 5. 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 these measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
Executive Order 13466 and expanded in scope in this order,
there need be no prior notice of a listing or determination
made pursuant to section 1(a) of this order.
Sec. 6. 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. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to determine that
circumstances no longer warrant the blocking of the property
and interests in property of a person listed in the Annex to
this order, and to take necessary action to give effect to that
determination.
Sec. 8. 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,
agents, or any other person.
Sec. 9. This order is effective at 12:01 p.m., eastern
daylight time on August 30, 2010.
Barack Obama.
The White House, August 30, 2010.
ANNEX
Individual
1. KIM Yong Chol [born 1946 or 1947]
Entities
1. Green Pine Associated Corporation
2. Reconnaissance General Bureau
3. Office 39