U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–011 2010

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 


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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 


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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. 


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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, 


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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: 


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(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. 


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ANNEX

Individual 

1. KIM Yong Chol [born 1946 or 1947] 

Entities 

1. Green Pine Associated Corporation 

2. Reconnaissance General Bureau 

3. Office 39 

Æ 


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