Prohibiting Certain Transactions With Respect to North Korea

This executive order prohibits the importation of all goods, services, and technology from North Korea into the United States, effective immediately. It also bars U.S. persons from evading these sanctions and authorizes the Treasury Secretary to issue implementing regulations. The order builds on prior sanctions to enforce UN Security Council resolutions 1718 and 1874.

Federal Register Open PDF 76 FR 22291

Impact dates

Apr 19, 2011
Order effective: import prohibition and evasion ban take effect

Key directives

Prohibit all importation of goods, services, and technology from North Korea into the U.S.
Prohibit transactions by U.S. persons that evade or avoid the import ban
Prohibit conspiracies to violate the order
Treasury Secretary authorized to promulgate rules and regulations with State Department consultation
All agencies directed to take appropriate measures to implement the order

Who is ordered

Timeline

Immediate

Import prohibition takes effect at 12:01 a.m. EDT April 19, 2011
Evasion and conspiracy prohibitions become active
Prior contracts/licenses notwithstanding—new prohibitions apply

Near term (90d)

Treasury Secretary to promulgate rules and regulations as needed
Agencies directed to take appropriate measures to implement

Long term

Ongoing enforcement of UN sanctions regime
Continued effect of prior Executive Orders 13466 and 13551

Risks & tensions

No explicit regulatory deadline—Treasury Secretary discretion on timing of implementing rules creates implementation uncertainty
Notwithstanding clause may trigger disputes over existing contracts and licenses
Broad definition of 'United States person' (including foreign branches of U.S. entities) creates extraterritorial compliance obligations
Reliance on UN Security Council resolutions ties U.S. policy to multilateral framework that may shift