North Korea
Executive Order Prohibits Imports from North Korea
04/19/11 01:01 PM
On
April 18, 2011, President Obama issued an
Executive Order
that, effective
April 19, 2011, prohibits all direct or indirect
importation of goods, services, and technology
form North Korea. Unless exempt, all imports
into the U.S. from North Korea must be
authorized.
The Order leaves in place all existing sanctions imposed under Executive Orders 13466 and 13551.
Executive Order 13466 of 2008 declared a national emergency pursuant to International Emergency Economic Powers Act (IEEPA) to deal with the unusual and extraordinary threat to the U.S. posed by the proliferation of weapons-usable fissile material on the Korean Peninsula.
Executive Order 13551 of 2010 expanded the national emergency declared in Executive Order 13466 and blocked the property and interests in property of three North Korean entities and one individual.
The Order leaves in place all existing sanctions imposed under Executive Orders 13466 and 13551.
Executive Order 13466 of 2008 declared a national emergency pursuant to International Emergency Economic Powers Act (IEEPA) to deal with the unusual and extraordinary threat to the U.S. posed by the proliferation of weapons-usable fissile material on the Korean Peninsula.
Executive Order 13551 of 2010 expanded the national emergency declared in Executive Order 13466 and blocked the property and interests in property of three North Korean entities and one individual.
State of National Emergency with Respect to North Korea Continued
06/25/09 02:18 PM
On June 24, 2009, a
notice
in the Federal Register announced continuation of
the national emergency state with respect to North
Korea.
The President declared a national emergency by Executive Order 13466 on June 26, 2008 pursuant to the International Emergency Economic Powers Act (IEEPA) to deal with the unusual threat to the national security and foreign policy of the U.S. posed by North Korea’s maintenance of nuclear materials usable in weapons proliferation.
On June 24, 2009, President Obama continued the national emergency declared in Executive Order 2006 for 1 year. The restrictions with respect to North Korea that would have been lifted pursuant to Proclamation 8271 of June 26, 2008 terminating the exercise of authorities under the Trading With the Enemy Act will be maintained.
The President declared a national emergency by Executive Order 13466 on June 26, 2008 pursuant to the International Emergency Economic Powers Act (IEEPA) to deal with the unusual threat to the national security and foreign policy of the U.S. posed by North Korea’s maintenance of nuclear materials usable in weapons proliferation.
On June 24, 2009, President Obama continued the national emergency declared in Executive Order 2006 for 1 year. The restrictions with respect to North Korea that would have been lifted pursuant to Proclamation 8271 of June 26, 2008 terminating the exercise of authorities under the Trading With the Enemy Act will be maintained.
North Korea Removed from State Sponsors of Terrorism List
10/14/08 11:41 PM
On October 14, 2008, the U.S. Department of
State
announced
that the U.S. has removed North Korea from its list
of State Sponsors of Terrorism after the North
Korean government agreed to resume dismantling of
its nuclear facilities at Yongbyon.
On October 13, 2008, North Korea lifted its ban on United Nations (UN) inspections of the Yongbyon plutonium processing plant it used to develop nuclear test explosion. The core discharge activities at the nuclear reactor were to resume on October 14, 2008.
North Korea had been on the State Sponsors of Terrorism list since 1987 after the bombing of a South Korean passenger jet. However, the country remains subject to numerous other sanctions that were a result of North Korea’s 2006 nuclear test, its proliferation activities with other nations, its human rights violations and its status as a communist state.
On October 13, 2008, North Korea lifted its ban on United Nations (UN) inspections of the Yongbyon plutonium processing plant it used to develop nuclear test explosion. The core discharge activities at the nuclear reactor were to resume on October 14, 2008.
North Korea had been on the State Sponsors of Terrorism list since 1987 after the bombing of a South Korean passenger jet. However, the country remains subject to numerous other sanctions that were a result of North Korea’s 2006 nuclear test, its proliferation activities with other nations, its human rights violations and its status as a communist state.
North Korea to Remain on the State Sponsors of Terrorism List
08/26/08 10:58 PM
On
August 25, 2008, after the U.S. refused to remove
North Korea from the State
Sponsors of Terrorism
List, North Korea
announced it has stopped disabling its nuclear
reactor complex and will consider rebuilding.
The statement comes two months after North Korea released the report of its plutonium programs and detonated the reactor’s cooling tower, reports the Washington Post. These actions prompted statements by the Bush administration that the U.S. will remove North Korea from the State Terrorism List and will lift some trade sanctions.
However, on August 11, 2008, the United States refused to remove North Korea from the list, citing slow progress and refusal to permit outside experts to verify the scope of the nuclear program.
The work to disable the Yongbyon nuclear reactor complex stopped on August 14, 2008, according to a statement issued by North Korea’s Ministry of Foreign Affairs. The official Korean Central News Agency added that the country will consider rebuilding the nuclear plant to its original state. U.S. officials note, however, that the plant has been substantially dismantled under the supervision of outside nuclear technicians and it would take at least a year to restore it to its operation.
North Korea entered into agreement with the U.S. in 2007 to abandon its nuclear program. North Korea promised to start by disabling the Yongbyon plant and detailing the scope of its nuclear program. In return, the U.S. promised aid and removal from the terrorism list. Removal from the list would mean lifting of the associated sanctions.
The Bureau of Industry and Security (BIS) has published Q &A for exporters on the Rescission of North Korea from the State Sponsor of Terrorism List, which can be found here. The Q&A also details general export to North Korea licensing requirements.
The statement comes two months after North Korea released the report of its plutonium programs and detonated the reactor’s cooling tower, reports the Washington Post. These actions prompted statements by the Bush administration that the U.S. will remove North Korea from the State Terrorism List and will lift some trade sanctions.
However, on August 11, 2008, the United States refused to remove North Korea from the list, citing slow progress and refusal to permit outside experts to verify the scope of the nuclear program.
The work to disable the Yongbyon nuclear reactor complex stopped on August 14, 2008, according to a statement issued by North Korea’s Ministry of Foreign Affairs. The official Korean Central News Agency added that the country will consider rebuilding the nuclear plant to its original state. U.S. officials note, however, that the plant has been substantially dismantled under the supervision of outside nuclear technicians and it would take at least a year to restore it to its operation.
North Korea entered into agreement with the U.S. in 2007 to abandon its nuclear program. North Korea promised to start by disabling the Yongbyon plant and detailing the scope of its nuclear program. In return, the U.S. promised aid and removal from the terrorism list. Removal from the list would mean lifting of the associated sanctions.
The Bureau of Industry and Security (BIS) has published Q &A for exporters on the Rescission of North Korea from the State Sponsor of Terrorism List, which can be found here. The Q&A also details general export to North Korea licensing requirements.
BIS Posts Q & As on Recent North Korea Presidential Announcement
07/09/08 02:36 PM
On
July 8, 2008, the Bureau of Industry and Security
(BIS) posted questions and answers on the recent
Presidential announcement with regard to the
rescission of North Korea from the State Sponsor of
Terrorism (SST) List (here). The
questions and answers provide exporters with
guidance as to what practical changes they can
expect as a result a result of the Executive
Order (which can be found here).
In essence, the Q&A states that the President's June 26, 2008 announcement triggered a 45-day congressional notification period prior to the formal rescission of the SST designation. The Administration will carry out the formal rescission only after the Six Parties (along with North Korea - China, Russia, Japan, South Korea, and the United States) reach agreement on acceptable verification and monitoring principles and protocols regarding North Korea's nuclear activities. Following such agreement, and barring further congressional action, BIS plans to publish an amendment to the Export Administration Regulations (EAR) removing North Korea from Country Group E:1 and making other conforming changes to implement the rescission. Removing North Korea from Country Group E:1 will raise the threshold value for calculating the de minimis level of foreign goods destined to North Korea to 25% controlled U.S. content. Currently, as a member of Country Group E:1, the threshold value is 10%.
However, the President's announcement does not signal a change for U.S. exporters currently. BIS states that pursuant to Section 746.4 of the EAR, it will continue to require a license for the export or reexport to North Korea of items subject to the EAR, except food and medicine classified as EAR99. BIS also stated that even after North Korea's SST designation is rescinded, certain export control requirements, in particular those related to North Korea's detonation of a nuclear device on October 9, 2006, proliferation activities, and human rights violations, will continue to apply on the basis of other laws and regulations, and in accordance with United Nations Security Council Resolution 1718.
BIS also stated that its licensing policy for North Korea has not yet changed. Once the rescission takes effect, it will review applicable licensing policy. Currently, the licensing policy for North Korea is as follows:
In essence, the Q&A states that the President's June 26, 2008 announcement triggered a 45-day congressional notification period prior to the formal rescission of the SST designation. The Administration will carry out the formal rescission only after the Six Parties (along with North Korea - China, Russia, Japan, South Korea, and the United States) reach agreement on acceptable verification and monitoring principles and protocols regarding North Korea's nuclear activities. Following such agreement, and barring further congressional action, BIS plans to publish an amendment to the Export Administration Regulations (EAR) removing North Korea from Country Group E:1 and making other conforming changes to implement the rescission. Removing North Korea from Country Group E:1 will raise the threshold value for calculating the de minimis level of foreign goods destined to North Korea to 25% controlled U.S. content. Currently, as a member of Country Group E:1, the threshold value is 10%.
However, the President's announcement does not signal a change for U.S. exporters currently. BIS states that pursuant to Section 746.4 of the EAR, it will continue to require a license for the export or reexport to North Korea of items subject to the EAR, except food and medicine classified as EAR99. BIS also stated that even after North Korea's SST designation is rescinded, certain export control requirements, in particular those related to North Korea's detonation of a nuclear device on October 9, 2006, proliferation activities, and human rights violations, will continue to apply on the basis of other laws and regulations, and in accordance with United Nations Security Council Resolution 1718.
BIS also stated that its licensing policy for North Korea has not yet changed. Once the rescission takes effect, it will review applicable licensing policy. Currently, the licensing policy for North Korea is as follows:
- The U.S. Government will generally approve applications to export or reexport: (a) Non-food, non-medical humanitarian items meeting subsistence needs and intended for the benefit of the North Korean people; and (b) Items in support of the United Nations and other humanitarian efforts.
- The U.S. Government will generally deny applications to export or reexport to North Korea: (a) Luxury goods (an illustrative list of luxury goods appears on the BIS website); (b) Arms and related materiel, and items controlled under the multilateral export control regimes; and (c) Items that could contribute to North Korea's nuclear-, ballistic missile-, or other weapons of mass destruction-related programs.
- The U.S. Government will review, on a case-by-case basis, applications to export and reexport all other items subject to the EAR, consistent with all applicable licensing policies set forth in the EAR
President Changes North Korea's Designations
07/02/08 03:11 PM
On
June 26, 2008, President Bush announced the lifting
of the application of the Trading with the Enemy
Act (TWEA) with respect to the Democratic People's
Republic of Korea (DPRK or North Korea), and
notified Congress of his intent to rescind North
Korea's designation as a State Sponsor of Terrorism
(SST), which triggers a 45-day congressional
notification period prior to formal rescission of
the designation. The Executive Order can be
found here and the State
Department's press release can be found
here.
This presidential action was taken following North Korea's submission of a declaration of its nuclear programs, which will now be subject to verification, by the Six Parties. The Six Party talks has been a series of meetings with six party states: the People's Republic of China, the Republic of Korea (South Korea), North Korea, the United States, the Russian Federation, and Japan, which were the result of North Korea's withdrawal from the Nuclear Non-Proliferation Treaty in 2003.
The Administration plans to carry out North Korea's rescission from the SST list only after the Six Parties reach agreement on acceptable verification principles and acceptable verification protocol regarding North Korea's nuclear activities; the Six Parties have established an acceptable monitoring mechanism; and verification activities have begun.
This presidential action was taken following North Korea's submission of a declaration of its nuclear programs, which will now be subject to verification, by the Six Parties. The Six Party talks has been a series of meetings with six party states: the People's Republic of China, the Republic of Korea (South Korea), North Korea, the United States, the Russian Federation, and Japan, which were the result of North Korea's withdrawal from the Nuclear Non-Proliferation Treaty in 2003.
The Administration plans to carry out North Korea's rescission from the SST list only after the Six Parties reach agreement on acceptable verification principles and acceptable verification protocol regarding North Korea's nuclear activities; the Six Parties have established an acceptable monitoring mechanism; and verification activities have begun.