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Executive Order 13687 Summary: Imposing Additional Sanctions With Respect To North Korea

Core Content

Executive Order 13687, issued on January 2, 2015, by President Barack Obama, expands the scope of sanctions against the Government of North Korea (DPRK) and its affiliated entities. The order is based on the President's authority under the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act, and the Immigration and Nationality Act, as well as several United Nations Security Council Resolutions (UNSCRs). It aims to address the ongoing threat posed by North Korea's destabilizing actions, including cyber-related attacks and human rights violations.

Main Points

• National Emergency Declaration: The President reiterates the national emergency declared in Executive Order 13466 (2008) and expanded in Executive Order 13551 (2010), citing the continued threat to U.S. national security, foreign policy, and economy.

• Sanctions Expansion:

  • Blocking Assets: All property and interests in property of specified individuals and entities are blocked, including those:
    • Identified as agencies, instrumentalities, or controlled entities of the DPRK or the Workers' Party of Korea (WPK);
    • Identified as officials of the DPRK or WPK;
    • Who have materially assisted, sponsored, or provided support to the DPRK or its sanctioned entities;
    • Who are owned or controlled by the DPRK or its sanctioned entities.
  • Prohibition on Donations: The President prohibits the making of donations of certain articles to any person whose property is blocked under this order, as such donations could impair U.S. efforts to address the national emergency.
  • Prohibition on Contributions and Services: Contributions or provision of funds, goods, or services to or from sanctioned persons are prohibited.
  • Suspension of Entry: Unrestricted entry of aliens determined to meet the criteria of section 1(a) is suspended, as it would be detrimental to U.S. interests.

• Enforcement Measures:

  • No Prior Notice: For those with a constitutional presence in the U.S., prior notice of sanctions is not required due to the instantaneous nature of financial transfers.
  • Treasury Authority: The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take all necessary actions, including issuing rules, regulations, and licenses, to implement the order.
  • Interagency Cooperation: All U.S. government agencies are directed to take appropriate measures to enforce the provisions of this order.

Key Information

• Legal Basis: The order is grounded in the authority of the President under IEEPA, the National Emergencies Act, and the Immigration and Nationality Act, as well as UNSCRs 1718, 1874, 2087, and 2094.

• Scope of Sanctions:

  • Blocking Property: Applies to property in the U.S., coming into the U.S., or under the control of a U.S. person.
  • Prohibited Activities: Includes donations, contributions, and services to or from sanctioned persons.
  • Entry Restrictions: Suspends entry of aliens determined to meet the criteria, aligning with Proclamation 8693.

• Implementation:

  • The Secretary of the Treasury is granted broad authority to enforce the order.
  • The order does not create any enforceable rights or benefits for any party.

• Effective Date:

  • The order was filed on January 5, 2015, at 11:15 am.
  • It applies to all transactions and activities that evade, avoid, or attempt to violate the prohibitions.

Conclusion

Executive Order 13687 represents a significant expansion of U.S. sanctions against North Korea, targeting not only the government and its officials but also entities and individuals that support its activities. The order emphasizes the need for strict enforcement to address the national security threat posed by North Korea, including its cyber activities and human rights abuses. It also highlights the importance of interagency cooperation and the authority granted to the Treasury Secretary to ensure compliance.