Issued 2016-03-15 by Barack Obama
AI-generated summary explaining what this action does, who it affects, and why it matters
On March 15, 2016, President Barack Obama issued an executive order freezing all property and financial assets belonging to the North Korean government and the Workers' Party of Korea that are located in the United States or under the control of any American person or business. The order was issued in response to North Korea's January 6, 2016 nuclear test and February 7, 2016 launch using ballistic missile technology, which violated multiple United Nations Security Council resolutions and North Korea's prior international commitments. The order also allows the Treasury Secretary to freeze assets of anyone determined to be operating in certain North Korean industries like transportation, mining, energy, or financial services, or anyone involved in trading materials like metal, graphite, coal, or software with North Korea where the revenue could benefit the North Korean government or its weapons programs.
This action affects the North Korean government, the Workers' Party of Korea, and any individuals or companies worldwide who do business with them or operate in certain sectors of North Korea's economy. It also targets those involved in human rights abuses by the North Korean government or in the export of North Korean workers abroad. Any American person or business is prohibited from conducting financial transactions with these blocked entities.
The executive order matters because it significantly expands economic pressure on North Korea in response to its ongoing nuclear and missile development. The President acted under authority granted by Congress through the International Emergency Economic Powers Act and other statutes. While courts have generally upheld presidential authority to impose such sanctions, the breadth of these emergency economic powers has drawn constitutional questions about whether Congress has delegated too much regulatory authority to the executive branch.
AI-generated summary for educational purposes
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13722 ("Executive Order 13722-Blocking Property of the Government of North Korea and the Workers' Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea") imposes sanctions or economic restrictions targeting North Korea. The President's stated rationale: "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." The International Emergency Economic Powers Act (IEEPA) grants the President broad authority to regulate international economic transactions when a national emergency has been declared. Presidents from both parties have used IEEPA extensively for foreign policy sanctions.
While the statutory authority is well-established, IEEPA's breadth has drawn constitutional criticism. The statute delegates sweeping power to the President during emergencies that can last for years or decades. The non-delegation doctrine questions whether Congress can transfer such broad economic regulatory authority to the executive branch. Despite these concerns, courts have generally deferred to presidential sanctions decisions.
Administration of Barack Obama, 2016 Executive Order 13722—Blocking Property of the Government of North Korea and the Workers' Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea March 15, 2016 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), the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolution (UNSCR) 2270 of March 2, 2016, I, Barack Obama, President of the United States of America, find 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