Blocking Property of Certain Persons With Respect to North Korea, 53837-53839 [X10-10901]

Agencies

• Executive Office of the President

[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Presidential Documents]
[Pages 53837-53839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: X10-10901]



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Part V





The President





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Executive Order 13551--Blocking Property of Certain Persons With 
Respect to North Korea


                        Presidential Documents 



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

___________________________________________________________________

Title 3--
The President

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                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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  (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

[[Page 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. 
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 30, 2010.

Billing code 3195-W9-P