Imposing Additional Sanctions With Respect to North Korea, 44705-44709 [2017-20647]

Agencies

• Executive Office of the President

[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Presidential Documents]
[Pages 44705-44709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20647]



[[Page 44703]]

Vol. 82

Monday,

No. 184

September 25, 2017

Part II





The President





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Executive Order 13810--Imposing Additional Sanctions With Respect to 
North Korea


                        Presidential Documents 



Federal Register / Vol. 82 , No. 184 / Monday, September 25, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 44705]]

                Executive Order 13810 of September 20, 2017

                
Imposing Additional Sanctions 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), section 1 of title II of Public Law 65-
                24, ch. 30, June 15, 1917, as amended (50 U.S.C. 191), 
                sections 212(f) and 215(a) of the Immigration and 
                Nationality Act of 1952 (8 U.S.C. 1182(f) and 1185(a)), 
                and section 301 of title 3, United States Code; and in 
                view of United Nations Security Council Resolution 
                (UNSCR) 2321 of November 30, 2016, UNSCR 2356 of June 
                2, 2017, UNSCR 2371 of August 5, 2017, and UNSCR 2375 
                of September 11, 2017, I, DONALD J. TRUMP, President of 
                the United States of America, find that:

                The provocative, destabilizing, and repressive actions 
                and policies of the Government of North Korea, 
                including its intercontinental ballistic missile 
                launches of July 3 and July 28, 2017, and its nuclear 
                test of September 2, 2017, each of which violated its 
                obligations under numerous UNSCRs and contravened its 
                commitments under the September 19, 2005, Joint 
                Statement of the Six-Party Talks; its commission of 
                serious human rights abuses; and its use of funds 
                generated through international trade to support its 
                nuclear and missile programs and weapons proliferation, 
                constitute a continuing threat to the national 
                security, foreign policy, and economy of the United 
                States, and a disturbance of the international 
                relations of the United States.

                In order to take further steps with respect to the 
                national emergency declared in Executive Order 13466 of 
                June 26, 2008, as modified in scope by and relied upon 
                for additional steps in subsequent Executive Orders, I 
                hereby find, determine, and 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 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 the construction, energy, financial services, fishing, 
information technology, manufacturing, medical, mining, textiles, or 
transportation industries in North Korea;

(ii) to own, control, or operate any port in North Korea, including any 
seaport, airport, or land port of entry;

(iii) to have engaged in at least one significant importation from or 
exportation to North Korea of any goods, services, or technology;

(iv) to be a North Korean person, including a North Korean person that has 
engaged in commercial activity that generates revenue for the Government of 
North Korea or the Workers' Party of Korea;

(v) 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; or

[[Page 44706]]

(vi) 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.

                    (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 before 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.
                    (c) I hereby determine that the making of donations 
                of the types of articles specified in section 203(b)(2) 
                of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the 
                benefit of any person whose property and interests in 
                property are blocked pursuant to subsection (a) of this 
                section 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 subsection (a) of this section.
                    (d) The prohibitions in subsection (a) of this 
                section include:

(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 subsection (a) of this 
section; and

(ii) the receipt of any contribution or provision of funds, goods, or 
services from any such person.

                Sec. 2. (a) No aircraft in which a foreign person has 
                an interest that has landed at a place in North Korea 
                may land at a place in the United States within 180 
                days after departure from North Korea.

                    (b) No vessel in which a foreign person has an 
                interest that has called at a port in North Korea 
                within the previous 180 days, and no vessel in which a 
                foreign person has an interest that has engaged in a 
                ship-to-ship transfer with such a vessel within the 
                previous 180 days, may call at a port in the United 
                States.
                    (c) The prohibitions in subsections (a) and (b) 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 before the effective date of 
                this order.

                Sec. 3. (a) All funds 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 and that originate from, 
                are destined for, or pass through a foreign bank 
                account that has been determined by the Secretary of 
                the Treasury to be owned or controlled by a North 
                Korean person, or to have been used to transfer funds 
                in which any North Korean person has an interest, are 
                blocked and may not be transferred, paid, exported, 
                withdrawn, or otherwise dealt in.

                    (b) No United States person, wherever located, may 
                approve, finance, facilitate, or guarantee a 
                transaction by a foreign person where the transaction 
                by that foreign person would be prohibited by 
                subsection (a) of this section if performed by a United 
                States person or within the United States.
                    (c) The prohibitions in subsections (a) and (b) 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 before the effective date of 
                this order.

                Sec. 4. (a) The Secretary of the Treasury, in 
                consultation with the Secretary of State, is hereby 
                authorized to impose on a foreign financial institution 
                the sanctions described in subsection (b) of this 
                section upon determining that the foreign financial 
                institution has, on or after the effective date of this 
                order:

[[Page 44707]]

(i) knowingly conducted or facilitated any significant transaction on 
behalf of any person whose property and interests in property are blocked 
pursuant to Executive Order 13551 of August 30, 2010, Executive Order 13687 
of January 2, 2015, Executive Order 13722 of March 15, 2016, or this order, 
or of any person whose property and interests in property are blocked 
pursuant to Executive Order 13382 in connection with North Korea-related 
activities; or

(ii) knowingly conducted or facilitated any significant transaction in 
connection with trade with North Korea.

                    (b) With respect to any foreign financial 
                institution determined by the Secretary of the 
                Treasury, in consultation with the Secretary of State, 
                in accordance with this section to meet the criteria 
                set forth in subsection (a)(i) or (a)(ii) of this 
                section, the Secretary of the Treasury may:

(i) prohibit the opening and prohibit or impose strict conditions on the 
maintenance of correspondent accounts or payable-through accounts in the 
United States; or

(ii) block 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 such foreign financial institution, and provide that such property and 
interests in property may not be transferred, paid, exported, withdrawn, or 
otherwise dealt in.

                    (c) The prohibitions in subsection (b) 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 before the effective date of 
                this order.
                    (d) I hereby determine that the making of donations 
                of the types of articles specified in section 203(b)(2) 
                of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the 
                benefit of any person whose property and interests in 
                property are blocked pursuant to subsection (b)(ii) of 
                this section 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 subsection (b)(ii) of this section.
                    (e) The prohibitions in subsection (b)(ii) of this 
                section include:

(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 subsection (b)(ii) of this 
section; and

(ii) the receipt of any contribution or provision of funds, goods, or 
services from any such person.

                Sec. 5. The unrestricted immigrant and nonimmigrant 
                entry into the United States of aliens determined to 
                meet one or more of the criteria in section 1(a) of 
                this order would be detrimental to the interests of the 
                United States, and the entry of such persons into the 
                United States, as immigrants or nonimmigrants, is 
                therefore hereby suspended. 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. 6. (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. 7. 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.

[[Page 44708]]

                Sec. 8. 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 Korean person'' means any 
                North Korean citizen, North Korean permanent resident 
                alien, or entity organized under the laws of North 
                Korea or any jurisdiction within North Korea (including 
                foreign branches). For the purposes of section 1 of 
                this order, the term ``North Korean person'' shall not 
                include any United States citizen, any permanent 
                resident alien of the United States, any alien lawfully 
                admitted to the United States, or any alien holding a 
                valid United States visa;
                    (e) the term ``foreign financial institution'' 
                means any foreign entity that is engaged in the 
                business of accepting deposits, making, granting, 
                transferring, holding, or brokering loans or credits, 
                or purchasing or selling foreign exchange, securities, 
                commodity futures or options, or procuring purchasers 
                and sellers thereof, as principal or agent. The term 
                includes, among other entities, depository 
                institutions; banks; savings banks; money service 
                businesses; trust companies; securities brokers and 
                dealers; commodity futures and options brokers and 
                dealers; forward contract and foreign exchange 
                merchants; securities and commodities exchanges; 
                clearing corporations; investment companies; employee 
                benefit plans; dealers in precious metals, stones, or 
                jewels; and holding companies, affiliates, or 
                subsidiaries of any of the foregoing. The term does not 
                include the international financial institutions 
                identified in 22 U.S.C. 262r(c)(2), the International 
                Fund for Agricultural Development, the North American 
                Development Bank, or any other international financial 
                institution so notified by the Secretary of the 
                Treasury; and
                    (f) the term ``knowingly,'' with respect to 
                conduct, a circumstance, or a result, means that a 
                person has actual knowledge, or should have known, of 
                the conduct, the circumstance, or the result.

                Sec. 9. 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 this 
                order.

                Sec. 10. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                take such actions, including adopting rules and 
                regulations, and to employ all powers granted to me by 
                IEEPA and UNPA as may be necessary to implement this 
                order. The Secretary of the Treasury may, consistent 
                with applicable law, redelegate any of these functions 
                to other officers and agencies of the United States. 
                All agencies shall take all appropriate measures within 
                their authority to implement this order.

                Sec. 11. This order is effective at 12:01 a.m., Eastern 
                Daylight Time, September 21, 2017.

[[Page 44709]]

                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 20, 2017.

[FR Doc. 2017-20647
Filed 9-22-17; 11:15 am]
Billing code 3295-F7-P