Executive Order 13810-Imposing Additional Sanctions With Respect To North Korea
Issued 2017-09-21 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On September 21, 2017, President Trump issued an executive order imposing additional economic sanctions on North Korea in response to specific actions by that country. The order cited North Korea's intercontinental ballistic missile launches on July 3 and July 28, 2017, and a nuclear test on September 2, 2017, which violated United Nations Security Council resolutions. The order froze all property and assets in the United States belonging to people or entities determined to operate in certain North Korean industries (including construction, energy, financial services, fishing, manufacturing, mining, textiles, and transportation), to own or control any North Korean port, or to have engaged in significant trade with North Korea.
The sanctions affect North Korean persons and anyone who conducts commercial activity that generates revenue for the North Korean government or Workers' Party of Korea. They also apply to anyone who provides support to these blocked individuals or entities, as well as those owned or controlled by them. All property and assets of these designated persons that are in the United States or come into U.S. jurisdiction are blocked and cannot be transferred, paid, or otherwise dealt with.
The order builds on an earlier national emergency declared in 2008 regarding North Korea. President Trump used authority granted by several laws, including the International Emergency Economic Powers Act, which allows the President to regulate international economic transactions during declared emergencies. The constitutional basis for such broad presidential authority over economic matters during emergencies has drawn some criticism, though courts have generally upheld presidential sanctions decisions.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13810 ("Executive Order 13810-Imposing Additional Sanctions 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.
Official Summary
Administration of Donald J. Trump, 2017 Executive Order 13810—Imposing Additional Sanctions With Respect To North Korea September 21, 2017 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