82 FR 44705 - Imposing Additional Sanctions With Respect to North Korea
Executive Office of the President
Federal Register Volume 82, Issue 184 (September 25, 2017)
Page Range
44705-44709
FR Document
2017-20647
Federal Register, Volume 82 Issue 184 (Monday, September 25, 2017)
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Presidential Documents]
[Pages 44705-44709]
From the Federal Register Online [www.thefederalregister.org]
[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