[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Presidential Documents]
[Pages 53837-53839]
From the Federal Register Online via the Government Publishing 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;
[[Page 53838]]
  (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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                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