U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–011 2011

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 


rfrederick on DSKD9S0YB1PROD with HEARINGE:\Seals\Congress.#13

rfrederick on DSKD9S0YB1PROD with HEARING
(1) 

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 


rfrederick on DSKD9S0YB1PROD with HEARING
2 

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. 


rfrederick on DSKD9S0YB1PROD with HEARING
(3) 

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; 


rfrederick on DSKD9S0YB1PROD with HEARING
4 

(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. 

Æ 


rfrederick on DSKD9S0YB1PROD with HEARING