Shown Here:
Public Law No: 114-122 (02/18/2016)
[114th Congress Public Law 122]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 93]]
Public Law 114-122
114th Congress
An Act
To improve the enforcement of sanctions against the Government of North
Korea, and for other purposes. <<NOTE: Feb. 18, 2016 - [H.R. 757]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: North Korea
Sanctions and Policy Enhancement Act of 2016. Human rights.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 22 USC 9201 note.>> Short Title.--This Act may be cited
as the ``North Korea Sanctions and Policy Enhancement Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
TITLE I--INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES
Sec. 101. Statement of policy.
Sec. 102. Investigations.
Sec. 103. Reporting requirements.
Sec. 104. Designation of persons.
Sec. 105. Forfeiture of property.
TITLE II--SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS
ABUSES, AND ILLICIT ACTIVITIES
Sec. 201. Determinations with respect to North Korea as a jurisdiction
of primary money laundering concern.
Sec. 202. Ensuring the consistent enforcement of United Nations Security
Council resolutions and financial restrictions on North
Korea.
Sec. 203. Proliferation prevention sanctions.
Sec. 204. Procurement sanctions.
Sec. 205. Enhanced inspection authorities.
Sec. 206. Travel sanctions.
Sec. 207. Travel recommendations for United States citizens to North
Korea.
Sec. 208. Exemptions, waivers, and removals of designation.
Sec. 209. Report on and imposition of sanctions to address persons
responsible for knowingly engaging in significant activities
undermining cybersecurity.
Sec. 210. Codification of sanctions with respect to North Korean
activities undermining cybersecurity.
Sec. 211. Sense of Congress on trilateral cooperation between the United
States, South Korea, and Japan.
TITLE III--PROMOTION OF HUMAN RIGHTS
Sec. 301. Information technology.
Sec. 302. Strategy to promote North Korean human rights.
Sec. 303. Report on North Korean prison camps.
Sec. 304. Report on and imposition of sanctions with respect to serious
human rights abuses or censorship in North Korea.
TITLE IV--GENERAL AUTHORITIES
Sec. 401. Suspension of sanctions and other measures.
Sec. 402. Termination of sanctions and other measures.
[[Page 130 STAT. 94]]
Sec. 403. Authorization of appropriations.
Sec. 404. Rulemaking.
Sec. 405. Authority to consolidate reports.
Sec. 406. Effective date.
SEC. 2. <<NOTE: 22 USC 9201.>> FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Government of North Korea--
(A) has repeatedly violated its commitments to the
complete, verifiable, and irreversible dismantlement of
its nuclear weapons programs; and
(B) has willfully violated multiple United Nations
Security Council resolutions calling for North Korea to
cease development, testing, and production of weapons of
mass destruction.
(2) Based on its past actions, including the transfer of
sensitive nuclear and missile technology to state sponsors of
terrorism, North Korea poses a grave risk for the proliferation
of nuclear weapons and other weapons of mass destruction.
(3) The Government of North Korea has been implicated
repeatedly in money laundering and other illicit activities,
including--
(A) prohibited arms sales;
(B) narcotics trafficking;
(C) the counterfeiting of United States currency;
(D) significant activities undermining
cybersecurity; and
(E) the counterfeiting of intellectual property of
United States persons.
(4) North Korea has--
(A) unilaterally withdrawn from the Agreement
Concerning a Military Armistice in Korea, signed at
Panmunjom July 27, 1953 (commonly referred to as the
``Korean War Armistice Agreement''); and
(B) committed provocations against South Korea--
(i) by sinking the warship Cheonan and killing
46 of her crew on March 26, 2010;
(ii) by shelling Yeonpyeong Island and killing
4 South Korean civilians on November 23, 2010;
(iii) by its involvement in the ``DarkSeoul''
cyberattacks against the financial and
communications interests of South Korea on March
20, 2013; and
(iv) by planting land mines near a guard post
in the South Korean portion of the demilitarized
zone that maimed 2 South Korean soldiers on August
4, 2015.
(5) North Korea maintains a system of brutal political
prison camps that contain as many as 200,000 men, women, and
children, who are--
(A) kept in atrocious living conditions with
insufficient food, clothing, and medical care; and
(B) under constant fear of torture or arbitrary
execution.
(6) North Korea has prioritized weapons programs and the
procurement of luxury goods--
(A) in defiance of United Nations Security Council
Resolutions 1695 (2006), 1718 (2006), 1874 (2009), 2087
(2013), and 2094 (2013); and
[[Page 130 STAT. 95]]
(B) in gross disregard of the needs of the people of
North Korea.
(7) Persons, including financial institutions, who engage in
transactions with, or provide financial services to, the
Government of North Korea and its financial institutions without
establishing sufficient financial safeguards against North
Korea's use of such transactions to promote proliferation,
weapons trafficking, human rights violations, illicit activity,
and the purchase of luxury goods--
(A) aid and abet North Korea's misuse of the
international financial system; and
(B) violate the intent of the United Nations
Security Council resolutions referred to in paragraph
(6)(A).
(8) The Government of North Korea has provided technical
support and conducted destructive and coercive cyberattacks,
including against Sony Pictures Entertainment and other United
States persons.
(9) The conduct of the Government of North Korea poses an
imminent threat to--
(A) the security of the United States and its
allies;
(B) the global economy;
(C) the safety of members of the United States Armed
Forces;
(D) the integrity of the global financial system;
(E) the integrity of global nonproliferation
programs; and
(F) the people of North Korea.
(10) The Government of North Korea has sponsored acts of
international terrorism, including--
(A) attempts to assassinate defectors and human
rights activists; and
(B) the shipment of weapons to terrorists and state
sponsors of terrorism.
(b) Purposes.--The purposes of this Act are--
(1) to use nonmilitary means to address the crisis described
in subsection (a);
(2) to provide diplomatic leverage to negotiate necessary
changes in the conduct of the Government of North Korea;
(3) to ease the suffering of the people of North Korea; and
(4) to reaffirm the purposes set forth in section 4 of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7802).
SEC. 3. <<NOTE: 22 USC 9202.>> DEFINITIONS.
In this Act:
(1) Applicable executive order.--The term ``applicable
Executive order'' means--
(A) Executive Order 13382 (50 U.S.C. 1701 note;
relating to blocking property of weapons of mass
destruction proliferators and their supporters),
Executive Order 13466 (50 U.S.C. 1701 note; relating to
continuing certain restrictions with respect to North
Korea and North Korean nationals), Executive Order 13551
(50 U.S.C. 1701 note; relating to blocking property of
certain persons with respect to North Korea), Executive
Order 13570 (50 U.S.C. 1701 note; relating to
prohibiting certain transactions with respect to North
Korea), Executive Order 13619 (50 U.S.C.
[[Page 130 STAT. 96]]
1701 note; relating to blocking property of persons
threatening the peace, security, or stability of Burma),
Executive Order 13687 (50 U.S.C. 1701 note; relating to
imposing additional sanctions with respect to North
Korea), or Executive Order 13694 (50 U.S.C. 1701 note;
relating to blocking the property of certain persons
engaging in significant malicious cyber-enabled
activities), to the extent that such Executive order--
(i) authorizes the imposition of sanctions on
persons for conduct with respect to North Korea;
(ii) prohibits transactions or activities
involving the Government of North Korea; or
(iii) otherwise imposes sanctions with respect
to North Korea; and
(B) any Executive order adopted on or after the date
of the enactment of this Act, to the extent that such
Executive order--
(i) authorizes the imposition of sanctions on
persons for conduct with respect to North Korea;
(ii) prohibits transactions or activities
involving the Government of North Korea; or
(iii) otherwise imposes sanctions with respect
to North Korea.
(2) Applicable united nations security council resolution.--
The term ``applicable United Nations Security Council
resolution'' means--
(A) United Nations Security Council Resolution 1695
(2006), 1718 (2006), 1874 (2009), 2087 (2013), or 2094
(2013); and
(B) any United Nations Security Council resolution
adopted on or after the date of the enactment of this
Act that--
(i) authorizes the imposition of sanctions on
persons for conduct with respect to North Korea;
(ii) prohibits transactions or activities
involving the Government of North Korea; or
(iii) otherwise imposes sanctions with respect
to North Korea.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Ways and
Means of the House of Representatives.
(4) Designated person.--The term ``designated person'' means
a person designated under subsection (a) or (b) of section 104
for purposes of applying 1 or more of the sanctions described in
title I or II with respect to the person.
(5) Government of north korea.--The term ``Government of
North Korea'' means the Government of North Korea and its
agencies, instrumentalities, and controlled entities.
(6) Humanitarian assistance.--The term ``humanitarian
assistance'' means assistance to meet humanitarian needs,
including needs for food, medicine, medical supplies, clothing,
and shelter.
[[Page 130 STAT. 97]]
(7) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(8) Luxury goods.--The term ``luxury goods''--
(A) has the meaning given such term in section
746.4(b)(1) of title 15, Code of Federal Regulations;
and
(B) includes the items listed in Supplement No. 1 to
part 746 of such title, and any similar items.
(9) Monetary instruments.--The term ``monetary instruments''
has the meaning given such term in section 5312(a) of title 31,
United States Code.
(10) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(11) North korean financial institution.--The term ``North
Korean financial institution'' means any financial institution
that--
(A) is organized under the laws of North Korea or
any jurisdiction within North Korea (including a foreign
branch of such an institution);
(B) is located in North Korea, except for a
financial institution that is excluded by the President
in accordance with section 208(c);
(C) is owned or controlled by the Government of
North Korea, regardless of location; or
(D) is owned or controlled by a financial
institution described in subparagraph (A), (B), or (C),
regardless of location.
(12) Significant activities undermining cybersecurity.--The
term ``significant activities undermining cybersecurity''
includes--
(A) significant efforts to--
(i) deny access to or degrade, disrupt, or
destroy an information and communications
technology system or network; or
(ii) exfiltrate information from such a system
or network without authorization;
(B) significant destructive malware attacks;
(C) significant denial of service activities; and
(D) such other significant activities described in
regulations promulgated to implement section 104.
(13) South korea.--The term ``South Korea'' means the
Republic of Korea.
(14) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such an entity.
[[Page 130 STAT. 98]]
TITLE I--INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES
SEC. 101. <<NOTE: 22 USC 9211.>> STATEMENT OF POLICY.
In order to achieve the peaceful disarmament of North Korea,
Congress finds that it is necessary--
(1) to encourage all member states of the United Nations to
fully and promptly implement United Nations Security Council
Resolution 2094 (2013);
(2) to sanction the persons, including financial
institutions, that facilitate proliferation, illicit activities,
arms trafficking, cyberterrorism, imports of luxury goods,
serious human rights abuses, cash smuggling, and censorship by
the Government of North Korea;
(3) to authorize the President to sanction persons who fail
to exercise due diligence to ensure that such financial
institutions and member states do not facilitate proliferation,
arms trafficking, kleptocracy, or imports of luxury goods by the
Government of North Korea;
(4) to deny the Government of North Korea access to the
funds it uses to develop or obtain nuclear weapons, ballistic
missiles, cyberwarfare capabilities, and luxury goods instead of
providing for the needs of the people of North Korea; and
(5) to enforce sanctions in a manner that does not
significantly hinder or delay the efforts of legitimate United
States or foreign humanitarian organizations from providing
assistance to meet the needs of civilians facing humanitarian
crisis, including access to food, health care, shelter, and
clean drinking water, to prevent or alleviate human suffering.
SEC. 102. <<NOTE: President. 22 USC 9212.>> INVESTIGATIONS.
(a) Initiation.--The President shall initiate an investigation into
the possible designation of a person under section 104(a) upon receipt
by the President of credible information indicating that such person has
engaged in conduct described in section 104(a).
(b) Personnel.--The President may direct the Secretary of State, the
Secretary of the Treasury, and the heads of other Federal departments
and agencies as may be necessary to assign sufficient experienced and
qualified investigators, attorneys, and technical personnel--
(1) to investigate the conduct described in subsections (a)
and (b) of section 104; and
(2) to coordinate and ensure the effective enforcement of
this Act.
SEC. 103. <<NOTE: 22 USC 9213.>> REPORTING REQUIREMENTS.
(a) Presidential Briefings to Congress.--Not later than 180 days
after the date of the enactment of this Act, and periodically
thereafter, the President shall provide a briefing to the appropriate
congressional committees on efforts to implement this Act.
(b) Report From Secretary of State.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State shall
conduct, coordinate, and submit to Congress a comprehensive report on
United States policy towards North Korea that--
[[Page 130 STAT. 99]]
(1) is based on a full and complete interagency review of
current policies and possible alternatives, including with
respect to North Korea's weapons of mass destruction and missile
programs, human rights atrocities, and significant activities
undermining cybersecurity; and
(2) includes recommendations for such legislative or
administrative action as the Secretary considers appropriate
based on the results of the review.
SEC. 104. <<NOTE: President. 22 USC 9214.>> DESIGNATION OF
PERSONS.
(a) Mandatory Designations.--Except as provided in section 208, the
President shall designate under this subsection any person that the
President determines--
(1) knowingly, directly or indirectly, imports, exports, or
reexports to, into, or from North Korea any goods, services, or
technology controlled for export by the United States because of
the use of such goods, services, or technology for weapons of
mass destruction or delivery systems for such weapons and
materially contributes to the use, development, production,
possession, or acquisition by any person of a nuclear,
radiological, chemical, or biological weapon or any device or
system designed in whole or in part to deliver such a weapon;
(2) knowingly, directly or indirectly, provides training,
advice, or other services or assistance, or engages in
significant financial transactions, relating to the manufacture,
maintenance, or use of any such weapon, device, or system to be
imported, exported, or reexported to, into, or from North Korea;
(3) knowingly, directly or indirectly, imports, exports, or
reexports luxury goods to or into North Korea;
(4) knowingly engages in, is responsible for, or facilitates
censorship by the Government of North Korea;
(5) knowingly engages in, is responsible for, or facilitates
serious human rights abuses by the Government of North Korea;
(6) knowingly, directly or indirectly, engages in money
laundering, the counterfeiting of goods or currency, bulk cash
smuggling, or narcotics trafficking that supports the Government
of North Korea or any senior official or person acting for or on
behalf of that Government;
(7) knowingly engages in significant activities undermining
cybersecurity through the use of computer networks or systems
against foreign persons, governments, or other entities on
behalf of the Government of North Korea;
(8) knowingly, directly or indirectly, sells, supplies, or
transfers to or from the Government of North Korea or any person
acting for or on behalf of that Government, a significant amount
of precious metal, graphite, raw or semi-finished metals or
aluminum, steel, coal, or software, for use by or in industrial
processes directly related to weapons of mass destruction and
delivery systems for such weapons, other proliferation
activities, the Korean Workers' Party, armed forces, internal
security, or intelligence activities, or the operation and
maintenance of political prison camps or forced labor camps,
including outside of North Korea;
(9) knowingly, directly or indirectly, imports, exports, or
reexports to, into, or from North Korea any arms or related
materiel; or
[[Page 130 STAT. 100]]
(10) knowingly attempts to engage in any of the conduct
described in paragraphs (1) through (9).
(b) Additional Discretionary Designations.--
(1) Prohibited conduct described.--Except as provided in
section 208, the President may designate under this subsection
any person that the President determines--
(A) knowingly engages in, contributes to, assists,
sponsors, or provides financial, material or
technological support for, or goods and services in
support of, any person designated pursuant to an
applicable United Nations Security Council resolution;
(B) knowingly contributed to--
(i) the bribery of an official of the
Government of North Korea or any person acting for
on behalf of that official;
(ii) the misappropriation, theft, or
embezzlement of public funds by, or for the
benefit of, an official of the Government of North
Korea or any person acting for or on behalf of
that official; or
(iii) the use of any proceeds of any activity
described in clause (i) or (ii); or
(C) knowingly and materially assisted, sponsored, or
provided significant financial, material, or
technological support for, or goods or services to or in
support of, the activities described in subparagraph (A)
or (B).
(2) Effect of designation.--With respect to any person
designated under this subsection, the President may--
(A) apply the sanctions described in section 204,
205(c), or 206 to the person to the same extent and in
the same manner as if the person were designated under
subsection (a);
(B) apply any applicable special measures described
in section 5318A of title 31, United States Code;
(C) prohibit any transactions in foreign exchange--
(i) that are subject to the jurisdiction of
the United States; and
(ii) in which such person has any interest;
and
(D) prohibit any transfers of credit or payments
between financial institutions or by, through, or to any
financial institution, to the extent that such transfers
or payments--
(i) are subject to the jurisdiction of the
United States; and
(ii) involve any interest of such person.
(c) Asset Blocking.--The President shall exercise all of the powers
granted to the President under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in property of a
designated person, the Government of North Korea, or the Workers' Party
of Korea, 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.
(d) Application to Subsidiaries and Agents.--The designation of a
person under subsection (a) or (b) and the blocking of property and
interests in property under subsection (c) shall apply with respect to a
person who is determined to be owned or controlled
[[Page 130 STAT. 101]]
by, or to have acted or purported to have acted for or on behalf of,
directly or indirectly, any person whose property and interests in
property are blocked pursuant to this section.
(e) Transaction Licensing.--The President shall deny or revoke any
license for any transaction that the President determines to lack
sufficient financial controls to ensure that such transaction will not
facilitate any activity described in subsection (a) or (b).
(f) 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 any person who violates, attempts to
violate, conspires to violate, or causes a violation of any prohibition
of this section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a person that
commits an unlawful act described in section 206(a) of such Act (50
U.S.C. 1705(a)).
SEC. 105. FORFEITURE OF PROPERTY.
(a) Amendment to Property Subject to Forfeiture.--Section 981(a)(1)
of title 18, United States Code, is amended by adding at the end the
following:
``(I) Any property, real or personal, that is involved in a
violation or attempted violation, or which constitutes or is
derived from proceeds traceable to a prohibition imposed
pursuant to section 104(a) of the North Korea Sanctions and
Policy Enhancement Act of 2016.''.
(b) Amendment to Definition of Civil Forfeiture Statute.--Section
983(i)(2)(D) of title 18, United States Code, is amended to read as
follows:
``(D) the Trading with the Enemy Act (50 U.S.C. 4301
et seq.), the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), or the North Korea
Sanctions Enforcement Act of 2016; or''.
(c) Amendment to Definition of Specified Unlawful Activity.--Section
1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by striking ``or section 92 of'' and inserting ``section
92 of''; and
(2) by adding at the end the following: ``, or section
104(a) of the North Korea Sanctions Enforcement Act of 2016
(relating to prohibited activities with respect to North
Korea);''.
TITLE II--SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS
ABUSES, AND ILLICIT ACTIVITIES
SEC. 201. <<NOTE: 22 USC 9221.>> DETERMINATIONS WITH RESPECT TO
NORTH KOREA AS A JURISDICTION OF PRIMARY
MONEY LAUNDERING CONCERN.
(a) Findings.--Congress makes the following findings:
(1) The Under Secretary of the Treasury for Terrorism and
Financial Intelligence, who is responsible for safeguarding the
financial system against illicit use, money laundering,
terrorist financing, and the proliferation of weapons of mass
[[Page 130 STAT. 102]]
destruction, and has repeatedly expressed concern about North
Korea's misuse of the international financial system--
(A) in 2006--
(i) stated, ``Given [North Korea's]
counterfeiting of U.S. currency, narcotics
trafficking and use of accounts world-wide to
conduct proliferation-related transactions, the
line between illicit and licit North Korean money
is nearly invisible.''; and
(ii) urged financial institutions worldwide to
``think carefully about the risks of doing any
North Korea-related business'';
(B) in 2011, stated that North Korea--
(i) ``remains intent on engaging in
proliferation, selling arms as well as bringing in
material''; and
(ii) was ``aggressively pursuing the effort to
establish front companies.''; and
(C) in 2013, stated--
(i) in reference to North Korea's distribution
of high-quality counterfeit United States
currency, that ``North Korea is continuing to try
to pass a supernote into the international
financial system''; and
(ii) the Department of the Treasury would soon
introduce new currency with improved security
features to protect against counterfeiting by the
Government of North Korea.
(2) The Financial Action Task Force, an intergovernmental
body whose purpose is to develop and promote national and
international policies to combat money laundering and terrorist
financing, has repeatedly--
(A) expressed concern at deficiencies in North
Korea's regimes to combat money laundering and terrorist
financing;
(B) urged North Korea to adopt a plan of action to
address significant deficiencies in those regimes and
the serious threat those deficiencies pose to the
integrity of the international financial system;
(C) urged all jurisdictions to apply countermeasures
to protect the international financial system from
ongoing and substantial money laundering and terrorist
financing risks emanating from North Korea;
(D) urged all jurisdictions to advise their
financial institutions to give special attention to
business relationships and transactions with North
Korea, including North Korean companies and financial
institutions; and
(E) called on all jurisdictions--
(i) to protect against correspondent
relationships being used to bypass or evade
countermeasures and risk mitigation practices; and
(ii) to take into account money laundering and
terrorist financing risks when considering
requests by North Korean financial institutions to
open branches and subsidiaries in their respective
jurisdictions.
(3) On March 7, 2013, the United Nations Security Council
unanimously adopted Resolution 2094, which--
(A) welcomed the Financial Action Task Force's--
(i) recommendation on financial sanctions
related to proliferation; and
[[Page 130 STAT. 103]]
(ii) guidance on the implementation of such
sanctions;
(B) decided that United Nations member states should
apply enhanced monitoring and other legal measures to
prevent the provision of financial services or the
transfer of property that could contribute to activities
prohibited by applicable United Nations Security Council
resolutions; and
(C) called upon United Nations member states to
prohibit North Korean financial institutions from
establishing or maintaining correspondent relationships
with financial institutions in their respective
jurisdictions to prevent the provision of financial
services if such member states have information that
provides reasonable grounds to believe that such
activities could contribute to--
(i) activities prohibited by an applicable
United Nations Security Council resolution; or
(ii) the evasion of such prohibitions.
(b) Sense of Congress Regarding the Designation of North Korea as a
Jurisdiction of Primary Money Laundering Concern.--Congress--
(1) acknowledges the efforts of the United Nations Security
Council to impose limitations on, and to require the enhanced
monitoring of, transactions involving North Korean financial
institutions that could contribute to sanctioned activities;
(2) urges the President, in the strongest terms--
(A) to immediately designate North Korea as a
jurisdiction of primary money laundering concern; and
(B) to adopt stringent special measures to safeguard
the financial system against the risks posed by North
Korea's willful evasion of sanctions and its illicit
activities; and
(3) urges the President to seek the prompt implementation by
other countries of enhanced monitoring and due diligence to
prevent North Korea's misuse of the international financial
system, including by sharing information about activities,
transactions, and property that could contribute to--
(A) activities sanctioned by applicable United
Nations Security Council resolutions; or
(B) the evasion of such sanctions.
(c) <<NOTE: Consultations.>> Determinations Regarding North
Korea.--
(1) In general.-- <<NOTE: Deadline.>> Not later than 180
days after the date of the enactment of this Act, the Secretary
of the Treasury, in consultation with the Secretary of State and
the Attorney General, and in accordance with section 5318A of
title 31, United States Code, shall determine whether reasonable
grounds exist for concluding that North Korea is a jurisdiction
of primary money laundering concern.
(2) Enhanced due diligence and reporting requirements.--If
the Secretary of the Treasury determines under paragraph (1)
that reasonable grounds exist for concluding that North Korea is
a jurisdiction of primary money laundering concern, the
Secretary, in consultation with the Federal functional
regulators (as defined in section 509 of the Gramm-Leach-Bliley
Act (15 U.S.C. 6809)), shall impose 1 or more of the special
measures described in section 5318A(b) of title
[[Page 130 STAT. 104]]
31, United States Code, with respect to the jurisdiction of
North Korea.
(3) Report required.--
(A) In general.--Not later than 90 days after the
date on which the Secretary of the Treasury makes a
determination under paragraph (1), the Secretary shall
submit to the appropriate congressional committees a
report that contains the reasons for such determination.
(B) Form.--The report submitted under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 202. <<NOTE: 22 USC 9222.>> ENSURING THE CONSISTENT
ENFORCEMENT OF UNITED NATIONS SECURITY
COUNCIL RESOLUTIONS AND FINANCIAL
RESTRICTIONS ON NORTH KOREA.
(a) Findings.--Congress makes the following findings:
(1) All member states of the United Nations are obligated to
implement and enforce applicable United Nations Security Council
resolutions fully and promptly, including by blocking the
property of, and ensuring that any property is prevented from
being made available to, persons designated for the blocking of
property by the Security Council under applicable United Nations
Security Council resolutions.
(2) As of May 2015, 158 of the 193 member states of the
United Nations had not submitted reports on measures taken to
implement North Korea-specific United Nations Security Council
resolutions 1718, 1874, and 2094.
(3) A recent report by the Government Accountability Office
(GAO-15-485)--
(A) finds that officials of the United States and
representatives of the United Nations Panel of Experts
established pursuant to United Nations Security Council
Resolution 1874 (2009), which monitors and facilitates
implementation of United Nations sanctions on North
Korea, ``agree that the lack of detailed reports from
all member states is an impediment to the UN's effective
implementation of its sanctions''; and
(B) notes that ``many member states lack the
technical capacity to enforce sanctions and prepare
reports'' on the implementation of United Nations
sanctions on North Korea.
(4) All member states share a common interest in protecting
the international financial system from the risks of money
laundering and illicit transactions emanating from North Korea.
(5) The United States dollar and the euro are the world's
principal reserve currencies, and the United States and the
European Union are primarily responsible for the protection of
the international financial system from the risks described in
paragraph (4).
(6) The cooperation of the People's Republic of China, as
North Korea's principal trading partner, is essential to--
(A) the enforcement of applicable United Nations
Security Council resolutions; and
(B) the protection of the international financial
system.
(7) The report of the Panel of Experts expressed concern
about the ability of banks to detect and prevent illicit
transfers
[[Page 130 STAT. 105]]
involving North Korea if such banks are located in member states
with less effective regulators or member states that are unable
to afford effective compliance.
(8) North Korea has historically exploited inconsistencies
between jurisdictions in the interpretation and enforcement of
financial regulations and applicable United Nations Security
Council resolutions to circumvent sanctions and launder the
proceeds of illicit activities.
(9) Amroggang Development Bank, Bank of East Land, and
Tanchon Commercial Bank have been designated by the Secretary of
the Treasury, the United Nations Security Council, and the
European Union as having materially contributed to the
proliferation of weapons of mass destruction.
(10) Korea Daesong Bank and Korea Kwangson Banking
Corporation have been designated by the Secretary of the
Treasury and the European Union as having materially contributed
to the proliferation of weapons of mass destruction.
(11) The Foreign Trade Bank of North Korea has been
designated by the Secretary of the Treasury for facilitating
transactions on behalf of persons linked to its proliferation
network and for serving as ``a key financial node''.
(12) Daedong Credit Bank has been designated by the
Secretary of the Treasury for activities prohibited by
applicable United Nations Security Council resolutions,
including the use of deceptive financial practices to facilitate
transactions on behalf of persons linked to North Korea's
proliferation network.
(b) Sense of Congress.--It is the sense of Congress that the
President should intensify diplomatic efforts in appropriate
international fora, such as the United Nations, and bilaterally, to
develop and implement a coordinated, consistent, multilateral strategy
for protecting the global financial system against risks emanating from
North Korea, including--
(1) the cessation of any financial services the continuation
of which is inconsistent with applicable United Nations Security
Council resolutions;
(2) the cessation of any financial services to persons,
including financial institutions, that present unacceptable
risks of facilitating money laundering and illicit activity by
the Government of North Korea;
(3) the blocking by all member states, in accordance with
the legal process of the state in which the property is held, of
any property required to be blocked under applicable United
Nations Security Council resolutions;
(4) the blocking of any property derived from illicit
activity, or from the misappropriation, theft, or embezzlement
of public funds by, or for the benefit of, officials of the
Government of North Korea;
(5) the blocking of any property involved in significant
activities undermining cybersecurity by the Government of North
Korea, directly or indirectly, against United States persons, or
the theft of intellectual property by the Government of North
Korea, directly or indirectly from United States persons; and
(6) the blocking of any property of persons directly or
indirectly involved in censorship or human rights abuses by the
Government of North Korea.
[[Page 130 STAT. 106]]
(c) Strategy to Improve International Implementation and Enforcement
of United Nations North Korea-specific Sanctions.--
<<NOTE: President. Coordination.>> The President shall direct the
Secretary of State, in coordination with other Federal departments and
agencies, as appropriate, to develop a strategy to improve international
implementation and enforcement of United Nations North Korea-specific
sanctions. The strategy should include elements--
(1) to increase the number of countries submitting reports
to the United Nations Panel of Experts established pursuant to
United Nations Security Council Resolution 1874 (2009),
including developing a list of targeted countries where
effective implementation and enforcement of United Nations
sanctions would reduce the threat from North Korea;
(2) to encourage member states of the United Nations to
cooperate and share information with the panel in order to help
facilitate investigations;
(3) to expand cooperation with the Panel of Experts;
(4) to provide technical assistance to member states to
implement United Nations sanctions, including developing the
capacity to enforce sanctions through improved export control
regulations, border security, and customs systems;
(5) to harness existing United States Government initiatives
and assistance programs, as appropriate, to improve sanctions
implementation and enforcement; and
(6) to increase outreach to the people of North Korea, and
to support the engagement of independent, non-governmental
journalistic, humanitarian, and other institutions in North
Korea.
(d) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report that
describes the actions undertaken to implement the strategy required by
subsection (c).
SEC. 203. <<NOTE: 22 USC 9223.>> PROLIFERATION PREVENTION
SANCTIONS.
(a) Export of Certain Goods or Technology.--A validated license
shall be required for the export to North Korea of any goods or
technology otherwise covered under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 4605(j)). No defense exports may
be approved for the Government of North Korea.
(b) Transactions in Lethal Military Equipment.--
(1) In general.--The President shall withhold assistance
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) to the government of any country that provides lethal
military equipment to the Government of North Korea.
(2) Applicability.--The prohibition under paragraph (1) with
respect to a government shall terminate on the date that is 1
year after the date on which the prohibition under paragraph (1)
is applied to that government.
(c) Waiver.--Notwithstanding any other provision of law, the
Secretary of State may waive the prohibitions under this section with
respect to a country if the Secretary--
(1) <<NOTE: Determination.>> determines that such waiver is
in the national interest of the United States; and
(2) submits a written report to the appropriate
congressional committees that describes--
[[Page 130 STAT. 107]]
(A) the steps that the relevant agencies are taking
to curtail the trade described in subsection (b)(1); and
(B) why such waiver is in the national interest of
the United States.
(d) Exception.--The prohibitions under this section shall not apply
to the provision of assistance for human rights, democracy, rule of law,
or emergency humanitarian purposes.
SEC. 204. <<NOTE: 22 USC 9224.>> PROCUREMENT SANCTIONS.
(a) In General.--Except as provided in this section, the head of an
executive agency may not procure, or enter into any contract for the
procurement of, any goods or services from any person designated under
section 104(a).
(b) Federal Acquisition Regulation.--
(1) In general.-- <<NOTE: Certification.>> The Federal
Acquisition Regulation issued pursuant to section 1303(a)(1) of
title 41, United States Code, shall be revised to require that
each person that is a prospective contractor submit a
certification that such person does not engage in any activity
described in section 104(a).
(2) Applicability.--The revision required under paragraph
(1) shall apply with respect to contracts for which
solicitations are issued on or after the date that is 90 days
after the date of the enactment of this Act.
(c) Remedies.--
(1) Inclusion on list.--The Administrator of General
Services shall include, on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs maintained by
the Administrator under part 9 of the Federal Acquisition
Regulation, each person that is debarred, suspended, or proposed
for debarment or suspension by the head of an executive agency
on the basis of a determination of a false certification under
subsection (b).
(2) Contract termination; suspension.--
<<NOTE: Determination.>> If the head of an executive agency
determines that a person has submitted a false certification
under subsection (b) after the date on which the Federal
Acquisition Regulation is revised to implement the requirements
of this section, the head of such executive agency shall--
(A) terminate any contract with such person; and
(B) debar or suspend such person from eligibility
for Federal contracts for a period of not longer than 2
years.
(3) Applicable procedures.--Any debarment or suspension
under paragraph (2)(B) shall be subject to the procedures that
apply to debarment and suspension under subpart 9.4 of the
Federal Acquisition Regulation.
(d) Clarification Regarding Certain Products.--The remedies
specified in subsection (c) shall not apply with respect to the
procurement of any eligible product (as defined in section 308(4) of the
Trade Agreements Act of 1979 (19 U.S.C. 2518(4)) of any foreign country
or instrumentality designated under section 301(b) of such Act (19
U.S.C. 2511(b)).
(e) Rule of Construction.--Nothing in this subsection may be
construed to limit the use of other remedies available to the head of an
executive agency or any other official of the Federal Government on the
basis of a determination of a false certification under subsection (b).
[[Page 130 STAT. 108]]
(f) Executive Agency Defined.--In this section, the term ``executive
agency'' has the meaning given such term in section 133 of title 41,
United States Code.
SEC. 205. <<NOTE: 22 USC 9225.>> ENHANCED INSPECTION AUTHORITIES.
(a) <<NOTE: President.>> Report Required.--Not later than 180 days
after the date of the enactment of this Act, and annually thereafter,
the President shall submit to the appropriate congressional committees a
report that identifies foreign ports and airports at which inspections
of ships, aircraft, and conveyances originating in North Korea, carrying
North Korean property, or operated by the Government of North Korea are
not sufficient to effectively prevent the facilitation of any of the
activities described in section 104(a).
(b) Enhanced Customs Inspection Requirements.--The Secretary of
Homeland Security may require enhanced inspections of any goods entering
the United States that have been transported through a port or airport
identified by the President under subsection (a).
(c) Seizure and Forfeiture.--A vessel, aircraft, or conveyance used
to facilitate any of the activities described in section 104(a) under
the jurisdiction of the United States may be seized and forfeited
under--
(1) chapter 46 of title 18, United States Code; or
(2) title V of the Tariff Act of 1930 (19 U.S.C. 1501 et
seq.).
SEC. 206. <<NOTE: 22 USC 9226.>> TRAVEL SANCTIONS.
The Secretary of State may deny a visa to, and the Secretary of
Homeland Security may deny entry into the United States of, any alien
who is--
(1) a designated person;
(2) a corporate officer of a designated person; or
(3) a principal shareholder with a controlling interest in a
designated person.
SEC. 207. <<NOTE: 22 USC 9227.>> TRAVEL RECOMMENDATIONS FOR
UNITED STATES CITIZENS TO NORTH KOREA.
The Secretary of State shall expand the scope and frequency of
issuance of travel warnings for all United States citizens to North
Korea. The expanded travel warnings, which should be issued or updated
not less frequently than every 90 days, should include--
(1) <<NOTE: Time period.>> publicly released or credible
open source information regarding the detention of United States
citizens by North Korean authorities, including available
information on circumstances of arrest and detention, duration,
legal proceedings, and conditions under which a United States
citizen has been, or continues to be, detained by North Korean
authorities, including present-day cases and cases occurring
during the 10-year period ending on the date of the enactment of
this Act;
(2) publicly released or credible open source information on
the past and present detention and abduction or alleged
abduction of citizens of the United States, South Korea, or
Japan by North Korean authorities;
(3) unclassified information about the nature of the North
Korean regime, as described in congressionally mandated reports
and annual reports issued by the Department of State and the
United Nations, including information about North
[[Page 130 STAT. 109]]
Korea's weapons of mass destruction programs, illicit
activities, international sanctions violations, and human rights
situation; and
(4) any other information that the Secretary deems useful to
provide United States citizens with a comprehensive picture of
the nature of the North Korean regime.
SEC. 208. <<NOTE: 22 USC 9228.>> EXEMPTIONS, WAIVERS, AND
REMOVALS OF DESIGNATION.
(a) Exemptions.--The following activities shall be exempt from
sanctions under sections 104, 206, 209, and 304:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), or to any authorized intelligence activities of the
United States.
(2) Any transaction necessary to comply with United States
obligations under the Agreement between the United Nations and
the United States of America regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, or under the Convention on
Consular Relations, done at Vienna April 24, 1963, and entered
into force March 19, 1967, or under other international
agreements.
(3) Any activities incidental to the POW/MIA accounting
mission in North Korea, including activities by the Defense POW/
MIA Accounting Agency and other governmental or nongovernmental
organizations tasked with identifying or recovering the remains
of members of the United States Armed Forces in North Korea.
(b) Humanitarian Waiver.--
(1) In general.-- <<NOTE: President. Time
period. Determination.>> The President may waive, for renewable
periods of between 30 days and 1 year, the application of the
sanctions authorized under section 104, 204, 205, 206, 209(b),
or 304(b) if the President submits to the appropriate
congressional committees a written determination that the waiver
is necessary for humanitarian assistance or to carry out the
humanitarian purposes set forth section 4 of the North Korean
Human Rights Act of 2004 (22 U.S.C. 7802).
(2) Content of written determination.--A written
determination submitted under paragraph (1) with respect to a
waiver shall include a description of all notification and
accountability controls that have been employed in order to
ensure that the activities covered by the waiver are
humanitarian assistance or are carried out for the purposes set
forth in section 4 of the North Korean Human Rights Act of 2004
(22 U.S.C. 7802) and do not entail any activities in North Korea
or dealings with the Government of North Korea not reasonably
related to humanitarian assistance or such purposes.
(3) Clarification of permitted activities under waiver.--An
internationally recognized humanitarian organization shall not
be subject to sanctions under section 104, 204, 205, 206,
209(b), or 304(b) for--
(A) engaging in a financial transaction relating to
humanitarian assistance or for humanitarian purposes
pursuant to a waiver issued under paragraph (1);
[[Page 130 STAT. 110]]
(B) transporting goods or services that are
necessary to carry out operations relating to
humanitarian assistance or humanitarian purposes
pursuant to such a waiver; or
(C) having merely incidental contact, in the course
of providing humanitarian assistance or aid for
humanitarian purposes pursuant to such a waiver, with
individuals who are under the control of a foreign
person subject to sanctions under this Act.
(c) Waiver.-- <<NOTE: President. Time period. Determination.>> The
President may waive, on a case-by-case basis, for renewable periods of
between 30 days and 1 year, the application of the sanctions authorized
under section 104, 201(c)(2), 204, 205, 206, 209(b), or 304(b) if the
President submits to the appropriate congressional committees a written
determination that the waiver--
(1) is important to the national security interests of the
United States; or
(2) will further the enforcement of this Act or is for an
important law enforcement purpose.
(d) Financial Services for Humanitarian and Consular
Activities. <<NOTE: President. Regulations.>> --The President may
promulgate such regulations, rules, and policies as may be necessary to
facilitate the provision of financial services by a foreign financial
institution that is not a North Korean financial institution in support
of activities conducted pursuant to an exemption or waiver under this
section.
SEC. 209. <<NOTE: President. 22 USC 9229.>> REPORT ON AND
IMPOSITION OF SANCTIONS TO ADDRESS PERSONS
RESPONSIBLE FOR KNOWINGLY ENGAGING IN
SIGNIFICANT ACTIVITIES UNDERMINING
CYBERSECURITY.
(a) Report Required.--
(1) In general.--The President shall submit to the
appropriate congressional committees a report that describes
significant activities undermining cybersecurity aimed against
the United States Government or any United States person and
conducted by the Government of North Korea, or a person owned or
controlled, directly or indirectly, by the Government of North
Korea or any person acting for or on behalf of that Government.
(2) Information.--The report required under paragraph (1)
shall include--
(A) the identity and nationality of persons that
have knowingly engaged in, directed, or provided
material support to conduct significant activities
undermining cybersecurity described in paragraph (1);
(B) a description of the conduct engaged in by each
person identified;
(C) <<NOTE: Assessment.>> 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 undermining
cybersecurity; and
(D) <<NOTE: Strategy.>> a United States strategy to
counter North Korea's efforts to conduct significant
activities undermining cybersecurity against the United
States, 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 undermining
cybersecurity.
(3) Submission and form.--
[[Page 130 STAT. 111]]
(A) Submission.--The report required under paragraph
(1) shall be submitted not later than 90 days after the
date of the enactment of this Act, and every 180 days
thereafter.
(B) Form.--The report required under paragraph (1)
shall be submitted in an unclassified form, but may
include a classified annex.
(b) Designation of Persons.--The President shall designate under
section 104(a) any person identified in the report required under
subsection (a)(1) that knowingly engages in significant activities
undermining cybersecurity through the use of computer networks or
systems against foreign persons, governments, or other entities on
behalf of the Government of North Korea.
SEC. 210. <<NOTE: 22 USC 9230.>> CODIFICATION OF SANCTIONS WITH
RESPECT TO NORTH KOREAN ACTIVITIES
UNDERMINING CYBERSECURITY.
(a) In General. <<NOTE: Termination date. Certification.>> --United
States sanctions with respect to activities of the Government of North
Korea, persons acting for or on behalf of that Government, or persons
located in North Korea that undermine cybersecurity provided for in
Executive Order 13687 (50 U.S.C. 1701 note; relating to imposing
additional sanctions with respect to North Korea) or Executive Order
13694 (50 U.S.C. 1701 note; relating to blocking the property of certain
persons engaging in significant malicious cyber-enabled activities), as
such Executive Orders are in effect on the day before the date of the
enactment of this Act, shall remain in effect until the date that is 30
days after the date on which the President submits to Congress a
certification that the Government of North Korea, persons acting for or
on behalf of that Government, and persons owned or controlled, directly
or indirectly, by that Government or persons acting for or on behalf of
that Government, are no longer engaged in the illicit activities
described in such Executive Orders, including actions in violation of
United Nations Security Council Resolutions 1718 (2006), 1874 (2009),
2087 (2013), and 2094 (2013).
(b) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 211. <<NOTE: 22 USC 9231.>> SENSE OF CONGRESS ON TRILATERAL
COOPERATION BETWEEN THE UNITED STATES,
SOUTH KOREA, AND JAPAN.
(a) In General.--It is the sense of Congress that the President--
(1) should seek to strengthen high-level trilateral
mechanisms for discussion and coordination of policy toward
North Korea between the Government of the United States, the
Government of South Korea, and the Government of Japan;
(2) should ensure that the mechanisms specifically address
North Korea's nuclear, ballistic, and conventional weapons
programs, its human rights record, and cybersecurity threats
posed by North Korea;
(3) should ensure that representatives of the United States,
South Korea, and Japan meet on a regular basis and include
representatives of the United States Department of State, the
United States Department of Defense, the United States
intelligence community, and representatives of counterpart
agencies in South Korea and Japan; and
[[Page 130 STAT. 112]]
(4) should continue to brief the relevant congressional
committees regularly on the status of such discussions.
(b) Relevant Committees.--The relevant committees referred to in
subsection (a)(4) shall include--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence of
the House of Representatives.
TITLE III--PROMOTION OF HUMAN RIGHTS
SEC. 301. INFORMATION TECHNOLOGY.
Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7814) is amended by adding at the end the following:
``(d) <<NOTE: Deadline. President. Reports. Classified
Information.>> Information Technology Study.--Not later than 180 days
after the date of the enactment of the North Korea Sanctions and Policy
Enhancement Act of 2015, the President shall submit to the appropriate
congressional committees a classified report that sets forth a detailed
plan for making unrestricted, unmonitored, and inexpensive electronic
mass communications available to the people of North Korea.''.
SEC. 302. <<NOTE: 22 USC 9241.>> STRATEGY TO PROMOTE NORTH KOREAN
HUMAN RIGHTS.
(a) <<NOTE: Deadline. Reports.>> In General.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
State, in coordination with other appropriate Federal departments and
agencies, shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report that details a United States strategy to
promote initiatives to enhance international awareness of and to address
the human rights situation in North Korea.
(b) Information.--The report required under subsection (a) should
include--
(1) <<NOTE: Lists.>> a list of countries that forcibly
repatriate refugees from North Korea; and
(2) a list of countries where North Korean laborers work,
including countries the governments of which have formal
arrangements with the Government of North Korea or any person
acting for or on behalf of that Government to employ North
Korean workers.
(c) Strategy.--The report required under subsection (a) should
include--
(1) <<NOTE: Plan.>> a plan to enhance bilateral and
multilateral outreach, including sustained engagement with the
governments of partners and allies with overseas posts to
routinely demarche or brief those governments on North Korea
human rights issues, including forced labor, trafficking, and
repatriation of citizens of North Korea;
(2) public affairs and public diplomacy campaigns, including
options to work with news organizations and media outlets to
publish opinion pieces and secure public speaking opportunities
for United States Government officials on issues related to the
human rights situation in North Korea, including forced
[[Page 130 STAT. 113]]
labor, trafficking, and repatriation of citizens of North Korea;
and
(3) opportunities to coordinate and collaborate with
appropriate nongovernmental organizations and private sector
entities to raise awareness and provide assistance to North
Korean defectors throughout the world.
SEC. 303. <<NOTE: 22 USC 9242.>> REPORT ON NORTH KOREAN PRISON
CAMPS.
(a) In General.--The Secretary of State shall submit to the
appropriate congressional committees a report that describes, with
respect to each political prison camp in North Korea, to the extent
information is available--
(1) the camp's estimated prisoner population;
(2) the camp's geographical coordinates;
(3) the reasons for the confinement of the prisoners;
(4) the camp's primary industries and products, and the end
users of any goods produced in the camp;
(5) the individuals and agencies responsible for conditions
in the camp;
(6) the conditions under which prisoners are confined, with
respect to the adequacy of food, shelter, medical care, working
conditions, and reports of ill-treatment of prisoners; and
(7) imagery, to include satellite imagery of the camp, in a
format that, if published, would not compromise the sources and
methods used by the United States intelligence community to
capture geospatial imagery.
(b) Form.--The report required under subsection (a) may be included
in the first human rights report required to be submitted to Congress
after the date of the enactment of this Act under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and
2304(b)).
SEC. 304. <<NOTE: 22 USC 9243.>> REPORT ON AND IMPOSITION OF
SANCTIONS WITH RESPECT TO SERIOUS HUMAN
RIGHTS ABUSES OR CENSORSHIP IN NORTH
KOREA.
(a) Report Required.--
(1) In general.--The Secretary of State shall submit to the
appropriate congressional committees a report that--
(A) identifies each person the Secretary determines
to be responsible for serious human rights abuses or
censorship in North Korea and describes the conduct of
that person; and
(B) describes serious human rights abuses or
censorship undertaken by the Government of North Korea
or any person acting for or on behalf of that Government
in the most recent year ending before the submission of
the report.
(2) Consideration.--In preparing the report required under
paragraph (1), the Secretary of State shall--
(A) give due consideration to the findings of the
United Nations Commission of Inquiry on Human Rights in
North Korea; and
(B) make specific findings with respect to the
responsibility of Kim Jong Un, and of each individual
who is a member of the National Defense Commission of
North Korea or the Organization and Guidance Department
of the Workers' Party of Korea, for serious human rights
abuses and censorship.
[[Page 130 STAT. 114]]
(3) Submission and form.--
(A) Submission.--The report required under paragraph
(1) shall be submitted not later than 120 days after the
date of the enactment of this Act, and every 180 days
thereafter for a period not to exceed 3 years, and shall
be included in each human rights report required under
sections 116(d) and 502B(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)).
(B) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may include
a classified annex.
(C) <<NOTE: Web posting.>> Public availability.--
The Secretary of State shall publish the unclassified
part of the report required under paragraph (1) on the
website of the Department of State.
(b) Designation of Persons. <<NOTE: President.>> --The President
shall designate under section 104(a) any person listed in the report
required under subsection (a)(1) that--
(1) knowingly engages in, is responsible for, or facilitates
censorship by the Government of North Korea; or
(2) knowingly engages in, is responsible for, or facilitates
serious human rights abuses by the Government of North Korea.
(c) Sense of Congress.--It is the sense of Congress that the
President should--
(1) seek the prompt adoption by the United Nations Security
Council of a resolution calling for the blocking of the assets
of all persons responsible for severe human rights abuses or
censorship in North Korea; and
(2) fully cooperate with the prosecution of any individual
listed in the report required under subsection (a)(1) before any
international tribunal that may be established to prosecute
persons responsible for severe human rights abuses or censorship
in North Korea.
TITLE IV--GENERAL AUTHORITIES
SEC. 401. <<NOTE: Certifications. President. 22 USC 9251.>>
SUSPENSION OF SANCTIONS AND OTHER
MEASURES.
(a) In General.--Any sanction or other measure required under title
I, II, or III (or any amendment made by such titles) may be suspended
for up to 1 year upon certification by the President to the appropriate
congressional committees that the Government of North Korea has made
progress toward--
(1) verifiably ceasing its counterfeiting of United States
currency, including the surrender or destruction of specialized
materials and equipment used or particularly suitable for
counterfeiting;
(2) taking steps toward financial transparency to comply
with generally accepted protocols to cease and prevent the
laundering of monetary instruments;
(3) taking steps toward verification of its compliance with
applicable United Nations Security Council resolutions;
(4) taking steps toward accounting for and repatriating the
citizens of other countries--
(A) abducted or unlawfully held captive by the
Government of North Korea; or
[[Page 130 STAT. 115]]
(B) detained in violation of the Agreement
Concerning a Military Armistice in Korea, signed at
Panmunjom July 27, 1953 (commonly referred to as the
``Korean War Armistice Agreement'');
(5) accepting and beginning to abide by internationally
recognized standards for the distribution and monitoring of
humanitarian aid; and
(6) taking verified steps to improve living conditions in
its political prison camps.
(b) Renewal of Suspension. <<NOTE: Time period.>> --The suspension
described in subsection (a) may be renewed for additional, consecutive
180-day periods after the President certifies to the appropriate
congressional committees that the Government of North Korea has
continued to comply with the conditions described in subsection (a)
during the previous year.
SEC. 402. <<NOTE: President. Determination. Certification. 22 USC
92512.>> TERMINATION OF SANCTIONS AND
OTHER MEASURES.
Any sanction or other measure required under title I, II, or III (or
any amendment made by such titles) shall terminate on the date on which
the President determines and certifies to the appropriate congressional
committees that the Government of North Korea has--
(1) met the requirements set forth in section 401; and
(2) made significant progress toward--
(A) completely, verifiably, and irreversibly
dismantling all of its nuclear, chemical, biological,
and radiological weapons programs, including all
programs for the development of systems designed in
whole or in part for the delivery of such weapons;
(B) releasing all political prisoners, including the
citizens of North Korea detained in North Korea's
political prison camps;
(C) ceasing its censorship of peaceful political
activity;
(D) establishing an open, transparent, and
representative society; and
(E) fully accounting for and repatriating United
States citizens (including deceased United States
citizens)--
(i) abducted or unlawfully held captive by the
Government of North Korea; or
(ii) detained in violation of the Agreement
Concerning a Military Armistice in Korea, signed
at Panmunjom July 27, 1953 (commonly referred to
as the ``Korean War Armistice Agreement'').
SEC. 403. <<NOTE: 22 USC 9253.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for each of
fiscal years 2017 through 2021--
(1) $3,000,000 to carry out section 103 of the North Korea
Human Rights Act of 2004 (22 U.S.C. 7813);
(2) $3,000,000 to carry out subsections (a), (b), and (c) of
section 104 of that Act (22 U.S.C. 7814);
(3) $2,000,000 to carry out subsection (d) of such section
104, as add by section 301 of this Act; and
(4) $2,000,000 to carry out section 203 of the North Korea
Human Rights Act of 2004 (22 U.S.C. 7833).
(b) Availability of Funds.--Amounts appropriated for each fiscal
year pursuant to subsection (a) shall remain available until expended.
[[Page 130 STAT. 116]]
SEC. 404. <<NOTE: 22 USC 9254.>> RULEMAKING.
(a) In General.--The President is authorized to promulgate such
rules and regulations as may be necessary to carry out the provisions of
this Act (which may include regulatory exceptions), including under
section 205 of the International Emergency Economic Powers Act (50
U.S.C. 1704).
(b) Rule of Construction.--Nothing in this Act, or in any amendment
made by this Act, may be construed to limit the authority of the
President to designate or sanction persons pursuant to an applicable
Executive order or otherwise pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 405. <<NOTE: 22 USC 9255.>> AUTHORITY TO CONSOLIDATE
REPORTS.
Any and all reports required to be submitted to appropriate
congressional committees under this Act or any amendment made by this
Act that are subject to a deadline for submission consisting of the same
unit of time may be consolidated into a single report that is submitted
to appropriate congressional committees pursuant to such deadline. The
consolidated reports must contain all information required under this
Act or any amendment made by this Act, in addition to all other elements
mandated by previous law.
SEC. 406. <<NOTE: 22 USC 9201 note.>> EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect on the date of the
enactment of this Act.
Approved February 18, 2016.
LEGISLATIVE HISTORY--H.R. 757:
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HOUSE REPORTS: No. 114-392, Pt. 1 (Comm. on Foreign Affairs).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Jan. 11, 12, considered and passed House.
Feb. 10, considered and passed Senate, amended.
Feb. 12, House concurred in Senate amendment.
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