Presidential Documents

53837 

Federal Register 

Vol. 75, No. 169 

Wednesday, September 1, 2010 

Title 3— 

The President 

Executive Order 13551 of August 30, 2010 

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be transferred, paid, exported, withdrawn, or otherwise dealt in: 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; 

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53838 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Presidential Documents 

(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 C.F.R. 

746.4(b)(l) 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 

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Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Presidential Documents 53839 

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. 

THE WHITE HOUSE, 

August 30, 2010. 

Billing code 3195–W9–P 


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[FR Doc. 2010–22002 

Filed 8–31–10; 8:45 am] 

Billing code 4811–33–C 


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