Blocking Property of the Government of North Korea and the Workers' Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea

[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]

[Presidential Documents]

[Pages 14943-14946]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2016-06355]

[[Page 14941]]

Vol. 81

Friday,

No. 53

March 18, 2016

Part II

The President

-----------------------------------------------------------------------

Executive Order 13722--Blocking Property of the Government of North

Korea and the Workers' Party of Korea, and Prohibiting Certain

Transactions With Respect to North Korea

Presidential Documents

Federal Register / Vol. 81 , No. 53 / Friday, March 18, 2016 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 14943]]

Executive Order 13722 of March 15, 2016

Blocking Property of the Government of North

Korea and the Workers' Party of Korea, and 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.), the

United Nations Participation Act of 1945 (22 U.S.C.

287c) (UNPA), the North Korea Sanctions and Policy

Enhancement Act of 2016 (Public Law 114-122), section

212(f) of the Immigration and Nationality Act of 1952

(8 U.S.C. 1182(f)), and section 301 of title 3, United

States Code, and in view of United Nations Security

Council Resolution (UNSCR) 2270 of March 2, 2016,

287c) (UNPA), the North Korea Sanctions and Policy

Enhancement Act of 2016 (Public Law 114-122), section

212(f) of the Immigration and Nationality Act of 1952

(8 U.S.C. 1182(f)), and section 301 of title 3, United

States Code, and in view of United Nations Security

Council Resolution (UNSCR) 2270 of March 2, 2016,

I, BARACK OBAMA, President of the United States of

America, find that the Government of North Korea's

continuing pursuit of its nuclear and missile programs,

as evidenced most recently by its February 7, 2016,

launch using ballistic missile technology and its

January 6, 2016, nuclear test in violation of its

obligations pursuant to numerous UNSCRs and in

contravention of its commitments under the September

19, 2005, Joint Statement of the Six-Party Talks,

increasingly imperils the United States and its allies.

To address those actions, and to take additional steps

with respect to the national emergency declared in

Executive Order 13466 of June 26, 2008, as modified in

scope and relied upon for additional steps in

subsequent Executive Orders, 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 of the Government of North Korea or the Workers'

Party of Korea are blocked and may not be transferred,

paid, exported, withdrawn, or otherwise dealt in.

re 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 of the Government of North Korea or the Workers'

Party of Korea are blocked and may not be transferred,

paid, exported, withdrawn, or otherwise dealt in.

(b) 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 or

pursuant to the export control authorities implemented

by the Department of Commerce, and notwithstanding any

contract entered into or any license or permit granted

prior to the effective date of this order.

Sec. 2. (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

of the following persons are blocked and may not be

transferred, paid, exported, withdrawn, or otherwise

dealt in: any person determined by the Secretary of the

Treasury, in consultation with the Secretary of State:

States, or that are or hereafter come within

the possession or control of any United States person

of the following persons are blocked and may not be

transferred, paid, exported, withdrawn, or otherwise

dealt in: any person determined by the Secretary of the

Treasury, in consultation with the Secretary of State:

(i) to operate in any industry in the North Korean economy as may be

determined by the Secretary of the Treasury, in consultation with the

Secretary of State, to be subject to this subsection, such as

transportation, mining, energy, or financial services;

(ii) to have sold, supplied, transferred, or purchased, directly or

indirectly, to or from North Korea or any person acting for or on behalf of

the Government of North Korea or the Workers' Party of Korea, metal,

graphite, coal, or software, where any revenue or goods received may

benefit the

[[Page 14944]]

Government of North Korea or the Workers' Party of Korea, including North

Korea's nuclear or ballistic missile programs;

(iii) to have engaged in, facilitated, or been responsible for an abuse or

violation of human rights by the Government of North Korea or the Workers'

Party of Korea or any person acting for or on behalf of either such entity;

(iv) to have engaged in, facilitated, or been responsible for the

exportation of workers from North Korea, including exportation to generate

revenue for the Government of North Korea or the Workers' Party of Korea;

n responsible for an abuse or

violation of human rights by the Government of North Korea or the Workers'

Party of Korea or any person acting for or on behalf of either such entity;

(iv) to have engaged in, facilitated, or been responsible for the

exportation of workers from North Korea, including exportation to generate

revenue for the Government of North Korea or the Workers' Party of Korea;

(v) to have engaged in significant activities undermining cybersecurity

through the use of computer networks or systems against targets outside of

North Korea on behalf of the Government of North Korea or the Workers'

Party of Korea;

(vi) to have engaged in, facilitated, or been responsible for censorship by

the Government of North Korea or the Workers' Party of Korea;

(vii) to have materially assisted, sponsored, or provided financial,

material, or technological support for, or goods or services to or in

support of, any person whose property and interests in property are blocked

pursuant to this order;

(viii) 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

(ix) to have attempted to engage in any of the activities described in

subsections (a)(i)-(viii) of this section.

(b) 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. The prohibitions in subsection (a) of

this section are in addition to export control

authorities implemented by the Department of Commerce.

Sec. 3. (a) The following are prohibited:

notwithstanding any contract entered into or any

license or permit granted prior to the effective date

of this order. The prohibitions in subsection (a) of

this section are in addition to export control

authorities implemented by the Department of Commerce.

Sec. 3. (a) The following are prohibited:

(i) the exportation or reexportation, direct or indirect, from the United

States, or by a United States person, wherever located, of any goods,

services, or technology to North Korea;

(ii) new investment in North Korea by a United States person, wherever

located; and

(iii) any approval, financing, facilitation, or guarantee by a United

States person, wherever located, of a transaction by a foreign person where

the transaction by that foreign person would be prohibited by this section

if performed by a United States person or within the United States.

(b) 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 or

pursuant to the export control authorities implemented

by the Department of Commerce, and notwithstanding any

contract entered into or any license or permit granted

prior to the effective date of this order.

statutes, or in regulations, orders, directives, or

licenses that may be issued pursuant to this order or

pursuant to the export control authorities implemented

by the Department of Commerce, and notwithstanding any

contract entered into or any license or permit granted

prior to the effective date of this order.

Sec. 4. I hereby find that the unrestricted immigrant

and nonimmigrant entry into the United States of aliens

determined to meet one or more of the criteria in

subsection 2(a) of this order would be detrimental to

the interests of the United States, and I hereby

suspend entry into the United States, as immigrants or

nonimmigrants, of such persons. Such persons shall be

treated as persons covered by section 1 of Proclamation

8693 of July 24, 2011 (Suspension of Entry of Aliens

Subject to United Nations Security Council Travel Bans

and International Emergency Economic Powers Act

Sanctions).

Sec. 5. I hereby determine that the making of donations

of the type of articles specified in section 203(b)(2)

of IEEPA (50 U.S.C. 1702(b)(2)) by,

[[Page 14945]]

to, or for the benefit of any person whose property and

interests in property are blocked pursuant to section 1

or 2 of this order would seriously impair my ability to

deal with the national emergency declared in Executive

Order 13466, and I hereby prohibit such donations as

provided by sections 1 and 2 of this order.

Sec. 6. The prohibitions in sections 1 and 2 of this

order include but are not limited to:

or 2 of this order would seriously impair my ability to

deal with the national emergency declared in Executive

Order 13466, and I hereby prohibit such donations as

provided by sections 1 and 2 of this order.

Sec. 6. The prohibitions in sections 1 and 2 of this

order include but are not limited to:

(a) 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

(b) the receipt of any contribution or provision of

funds, goods, or services from any such person.

Sec. 7. (a) Any transaction 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. 8. Nothing in this order shall prohibit

transactions for the conduct of the official business

of the Federal Government or the United Nations

(including its specialized agencies, programmes, funds,

and related organizations) by employees, grantees, or

contractors thereof.

Sec. 9. 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;

y employees, grantees, or

contractors thereof.

Sec. 9. 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;

and

(d) the term ``Government of North Korea'' means

the Government of the Democratic People's Republic of

Korea and its agencies, instrumentalities, and

controlled entities.

Sec. 10. 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 those measures ineffectual. I

therefore determine that for these measures to be

effective in addressing the national emergency declared

in Executive Order 13466, there need be no prior notice

of a listing or determination made pursuant to section

1 or 2 of this order.

nt to this

order would render those measures ineffectual. I

therefore determine that for these measures to be

effective in addressing the national emergency declared

in Executive Order 13466, there need be no prior notice

of a listing or determination made pursuant to section

1 or 2 of this order.

Sec. 11. 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.

[[Page 14946]]

Sec. 12. 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. 13. This order is effective at 12:01 a.m. eastern

daylight time on March 16, 2016.

(Presidential Sig.)

THE WHITE HOUSE,

March 15, 2016.

[FR Doc. 2016-06355

Filed 3-17-16; 11:15 am]

Billing code 3295-F6-P