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EO 13722Executive OrderObama · D Quiet signal

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

This executive order blocks all property of the North Korean government and Workers' Party of Korea within U.S. jurisdiction, prohibits U.S. exports and new investment in North Korea, and authorizes sanctions against individuals and entities operating in key North Korean industries or engaging in activities benefiting the regime. It also suspends U.S. entry for sanctioned persons and expands sectoral sanctions authority to target North Korea's nuclear and missile programs.

Federal Register Open PDF 81 FR 14943

Impact dates

  1. Order effective at 12:01 a.m. eastern daylight time

Key directives

  • Block all property of Government of North Korea and Workers' Party of Korea (Sec. 1)
  • Block property of persons determined by Treasury/State operating in designated North Korean industries or engaging in specified activities (Sec. 2)
  • Prohibit export/reexport of goods, services, technology to North Korea by U.S. persons (Sec. 3(a)(i))
  • Prohibit new U.S. investment in North Korea (Sec. 3(a)(ii))
  • Prohibit facilitation of foreign-person transactions that would be prohibited for U.S. persons (Sec. 3(a)(iii))
  • Suspend entry of aliens meeting Sec. 2(a) criteria (Sec. 4)
  • Prohibit donations to blocked persons (Sec. 5)
  • Treasury authorized to promulgate rules and regulations (Sec. 11)

Who is ordered

Timeline

Immediate

  • Property blocking effective 12:01 a.m. EDT March 16, 2016
  • Export and investment prohibitions take effect
  • Visa suspensions apply to designated persons

Near term (90d)

  • Treasury/State designation of additional sanctioned industries and individuals under Sec. 2(a)
  • Implementation of regulations and licensing framework

Long term

  • Ongoing sanctions enforcement and designations
  • Potential expansion to additional North Korean economic sectors
  • Diplomatic coordination with UNSCR 2270 implementation

Risks & tensions

  • Sectoral sanctions authority (Sec. 2(a)(i)) grants broad discretionary power to Treasury/State to designate entire North Korean industries without further EO
  • Sec. 3(a)(iii) extraterritorial reach—U.S. persons prohibited from facilitating foreign-person transactions—creates compliance complexity for multinational firms
  • No prior notice requirement (Sec. 10) raises due process concerns for designated persons with U.S. constitutional presence
  • Interaction with existing contracts/licenses (Secs. 1(b), 2(b), 3(b)) creates legal uncertainty for pre-existing business relationships
  • Vague standard for 'may benefit' the Government of North Korea (Sec. 2(a)(ii)) leaves broad enforcement discretion
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 · Executive Orders