North Korea

North Korea in the United States

Presidential Memoranda

Presidential Memoranda regarding the Blocking Property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions with Respect to North Korea to the Congress (March 15, 2016)

“Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have issued an Executive Order (the “order”) with respect to North Korea. The order takes additional steps with respect to the national emergency declared in Executive Order 13466 of June 26, 2008, expanded in scope in Executive Order 13551 of August 30, 2010, relied upon for additional steps in Executive Order 13570 of April 18, 2011, and further expanded in scope in Executive Order 13687 of January 2, 2015. The order also facilitates implementation of certain provisions of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122), which I signed on February 18, 2016, and ensures the implementation of certain provisions of United Nations Security Council Resolution (UNSCR) 2270 of March 2, 2016.

In 2008, upon terminating the exercise of certain authorities under the Trading With the Enemy Act (TWEA) with respect to North Korea, the President issued Executive Order 13466 and declared a national emergency pursuant to IEEPA to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the existence and risk of the proliferation of weapons-usable fissile material on the Korean Peninsula. Executive Order 13466 continued certain restrictions on North Korea and North Korean nationals that had been in place under TWEA.

In 2010, I issued Executive Order 13551. In that order, I determined that the Government of North Korea’s continued provocative actions destabilized the Korean peninsula and imperiled U.S. Armed Forces, allies, and trading partners in the region and warranted the imposition of additional sanctions, and I expanded the national emergency declared in Executive Order 13466. In Executive Order 13551, I ordered blocked the property and interests in property of three North Korean entities and one individual listed in the Annex to that order and provided criteria under which the Secretary of the Treasury, in consultation with the Secretary of State, may designate additional persons whose property and interests in property shall be blocked.

In 2011, I issued Executive Order 13570 to further address the national emergency with respect to North Korea and to strengthen the implementation of UNSCRs 1718 and 1874. That Executive Order prohibited the direct or indirect importation of goods, services, and technology from North Korea.

In 2015, I issued Executive Order 13687, in which I determined that the provocative, destabilizing, and repressive actions and policies of the Government of North Korea constitute a continuing threat to the national security, foreign policy, and economy of the United States, and further expanded the national emergency declared in Executive Order 13466. In Executive Order 13687 I provided additional criteria under which the Secretary of the Treasury, in consultation with the Secretary of State, may designate additional persons whose property and interests in property shall be blocked.

I have now determined 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. The order addresses those actions and takes additional steps with respect to the national emergency declared in Executive Order 13466 of June 26, 2008. The order also facilitates implementation of certain provisions of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122), which I signed on February 18, 2016, and ensures the implementation of certain provisions of UNSCR 2270 of March 2, 2016.

The order is not targeted at the people of North Korea, but rather is aimed at the Government of North Korea and its activities that threaten the United States and others. It blocks the property and interests in property of the Government of North Korea and the Workers’ Party of Korea and provides additional criteria for blocking the property and interests in property of any person determined by the Secretary of the Treasury.

(This), in consultation with the Secretary of State:

  • to operate in such industries in the North Korean economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State, such as transportation, mining, energy, or financial services;
  • 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 Government of North Korea or the Workers’ Party of Korea, including North Korea’s nuclear or ballistic missile programs;
  • 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;
  • 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;
  • 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;
  • to have engaged in, facilitated, or been responsible for censorship by the Government of North Korea or the Workers’ Party of Korea;
  • 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 the order;
  • 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 the order; or
  • to have attempted to engage in any of the activities described above.

In addition, the order prohibits:

  • the exportation of goods, services, and technology to North Korea;
  • new investment in North Korea; and
  • the approval, financing, facilitation, or guarantee of such exports and investments.
  • Finally, the order suspends entry into the United States of any alien determined to meet one or more of the above criteria.

I have delegated to the Secretary of the Treasury the authority, in consultation with the Secretary of State, to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of the order. All executive agencies are directed to take all appropriate measures within their authority to carry out the provisions of the order.”

North Korea and the the Export Administration System

Find more information on North Korea in relation to the Export Administration System in the legal Encyclopedias.

North Korea and the International Trade Law

Resources

See Also

Further Reading

  • North Korea entry in the Dictionary of International Trade Law (Raj Bhala)
  • North Korea entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
  • North Korea entry in the Dictionary of International Trade
  • North Korea entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)

North Korea: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about North Korea. This part provides references, in relation to North Korea, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about North Korea by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about North Korea and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about North Korea or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to North Korea and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting North Korea. Finding these decisions can be challenging. In many cases, researchers about North Korea should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to North Korea when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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