118 HR 5532 IH: Russia-North Korea Cooperation Sanctions Act
U.S. House of Representatives
2023-09-18
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I
118th CONGRESS
1st Session
H. R. 5532
IN THE HOUSE OF REPRESENTATIVES
September 18, 2023
Mr. Connolly (for himself and Mr. Wilson of South Carolina) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Financial Services, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the imposition of sanctions with respect to North Korea’s support for Russia’s illegal war in Ukraine.
1.

Short title
This Act may be cited as the “Russia-North Korea Cooperation Sanctions Act”.
2.

Findings
Congress makes the following findings:
(1)
On February 24, 2022, the Government of the Russian Federation, led by Vladimir Putin, launched an unprovoked, full-scale invasion of Ukraine.
(2)
On September 13, 2023, the Supreme Leader of the Democratic People’s Republic of Korea (North Korea), Kim Jong Un, met with Russian Federation President Vladimir Putin to discuss the transfer or sale of conventional arms to Russia to be used in invasion of Ukraine’s sovereign territory in exchange for economic assistance and support for North Korea’s space, nuclear, and missile programs.
(3)
Kim Jong Un’s trip to Russia will be his first known travel outside North Korea since the Covid–19 pandemic and subsequent lockdown of North Korea in early 2020.
(4)
North Korea maintains an arsenal of artillery shells, rockets, and other conventional military equipment that it may provide to Russia.
(5)
If Russia or Russian State-backed entities are acquiring arms and related materiel from North Korea, such actions would violate United Nations Security Council resolutions, which were supported by Russia to prohibit North Korea from exporting such items.
(6)
On August 16, 2023, the Department of the Treasury imposed sanctions on three entities tied to a sanctions evasion network attempting to support arms deals between Russia and North Korea.
3.

Sanctions
(a)

In general
The President shall impose sanctions described in subsection (b) with respect to the following:
(1)
Any foreign person that is responsible for or facilitates the transfer or sale of arms or material support from North Korea to be used in Russia’s illegal war in Ukraine.
(2)
Any foreign person that knowingly, directly or indirectly, imports, exports, or reexports to, into, or from North Korea any goods services or technology for weapons that may be used by Russian forces or their proxies in Russia’s illegal war in Ukraine.
(3)
Any foreign financial institution that knowingly facilitates a significant transaction or provides significant financial services for a foreign person described in paragraph (1) or (2).
(4)
Any foreign person that engages in a significant transaction related to the transfer or sale of arms or material support with a foreign person described in paragraph (1) or (2) or foreign financial institution described in paragraph (3).
(5)
Any foreign person assisting in the logistical supply and movement of North Korean arms or material support to be used in Russia’s illegal war in Ukraine.
(b)

Sanctions described
The sanctions described in this subsection are the following:
(1)

Blocking of property
Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise of all powers granted to the President by that Act to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(2)

Visas, admission, or parole
(A)

In general
An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, is described in subsection (a) is—
(i)
inadmissible to the United States;
(ii)
ineligible for a visa or other documentation to enter the United States; and
(iii)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B)

Current visas revoked
(i)

In general
The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regardless of when the visa or other entry documentation is issued.
(ii)

Effect of revocation
A revocation under clause (i)—
(I)
shall take effect immediately; and
(II)
shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
(c)

Implementation; penalties
(1)

Implementation
The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2)

Penalties
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(d)

Waiver
The President may waive the application of sanctions imposed with respect to a foreign person or foreign financial institution under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States.
(e)

Exception for humanitarian assistance
An internationally recognized humanitarian organization shall not be subject to sanctions under this section with respect to—
(1)
engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes pursuant to a waiver issued under subsection (d);
(2)
transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes pursuant to such a waiver issued under subsection (d); or
(3)
having merely incidental contact, in the course of providing humanitarian assistance or aid for humanitarian purposes pursuant to a waiver issued under subsection (d) with individuals who are under the control of a foreign person subject to sanctions under this section.
4.

Expansion of North Korea Sanctions and Policy Enhancement Act of 2016
The North Korea Sanctions and Policy Enhancement Act of 2016 is amended as follows:
(1)
In section 401(a) (22 U.S.C. 9251(a))—
(A)
in paragraph (5), by striking “and” at the end;
(B)
in paragraph (6), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:
“(7)
halting material support (as such term is defined in section 6 of the Stopping the Transfer of Pyongyang’s Proliferation to Enhance Russia Act) for Russia’s illegal war in Ukraine.”.
(2)
In section 402(2) (22 U.S.C. 9252(2))—
(A)
in subparagraph (D), by striking “and” at the end;
(B)
in subparagraph (E)(ii), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:
“(F)
halting material support (as such term is defined in section 6 of the Stopping the Transfer of Pyongyang’s Proliferation to Enhance Russia Act) for Russia’s illegal war in Ukraine.”.
5.

Report
(a)

In general
Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that describes significant activities by the Democratic People’s Republic of Korea to support the Russian Federation and its proxies in Russia’s illegal war in Ukraine.
(b)

Matters To be included
The report required by this section shall include the following:
(1)
The identity and nationality of foreign persons and foreign financial institutions that are subject to sanctions under section 3.
(2)
A description of the conduct engaged in by such persons and institutions.
(3)
An assessment of the extent to which a foreign government has provided material support to the Government of North Korea or any person acting for or on behalf of that Government to conduct significant activities to materially support Russia’s illegal war in Ukraine.
(4)
A United States strategy to counter North Korea’s efforts to conduct significant activities to support Russia’s war in Ukraine, that includes efforts to engage foreign governments to halt the capability of the Government of North Korea and persons acting for or on behalf of that Government to conduct significant activities supporting Russia’s illegal war in Ukraine.
(c)

Form
The report required by this section shall be submitted in unclassified form, but may include a classified annex.
6.

Definitions
In this Act:
(1)

Appropriate congressional committees
The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2)

Foreign financial institution
The term “foreign financial institution”—
(A)
has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations; and
(B)
includes a foreign central bank.
(3)

Material support
The term “material support” has the meaning given the term “material support or resources” in section 2339A of title 18, United States Code.