Blocking Property of the Government of North Korea and the Workers' Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea, 14941-14946 [2016-06355]

Agencies

• Executive Office of the President

[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Presidential Documents]
[Pages 14941-14946]
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,

                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.

                    (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:

(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;

(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:

(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.

                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:

                    (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;
                    (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.

                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