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[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

                                  
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