Title IV — General authorities

S. 3012 · 113th Congress · Dec 12, 2014 · Lineage

IV General authorities

Sec. 401 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

(B)

detained in violation of the 1953 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— 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 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)

has 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; and

(C)

(i)

ceasing its censorship of peaceful political activity;

(ii)

establishing an open, transparent, and representative society; and

(iii)

fully accounting for and repatriating United States citizens (included deceased)—

(I)

abducted or unlawfully held captive by the Government of North Korea; or

(II)

detained in violation of the 1953 Armistice Agreement.

Sec. 403 North Korea Enforcement and Humanitarian Fund

(a)

Establishment— There is established in the Treasury of the United States a fund to be known as the North Korea Enforcement and Humanitarian Fund (referred to in this section as the “Fund”).

(b)

Deposits— The President shall deposit into the Fund, and shall transfer and consolidate on the books of the Treasury in a special account for the purposes described in subsection (c), all revenues derived from—

(1)

fines and penalties assessed for violations of this Act, or any regulation established under this Act, or for any violation of an applicable Executive order; and

(2)

except as provided in section 105(c), all fines and penalties paid in lieu of the commencement of, or paid in settlement of, criminal or civil proceedings for a violation of this Act or any regulation established under this Act, or for any violation of an applicable Executive order.

(c)

Uses— There are authorized to be appropriated from the Fund each fiscal year—

(1)

such amounts as may be specified in an Act making appropriations for the administration of the Fund; and

(2)

without regard to fiscal year limitation, amounts not exceeding—

(A)

to carry out section 103 of the North Korea Human Rights Act of 2004 (22 U.S.C. 7813), $3,000,000;

(B)

to carry out section 104 of the North Korea Human Rights Act of 2004 (22 U.S.C. 7814), $5,000,000;

(C)

to carry out section 203 of the North Korea Human Rights Act of 2004 (22 U.S.C. 7833), $5,000,000; and

(D)

to carry out subsection (d) of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) (as added by section 301 of this Act), $2,000,000.

(d)

Satisfaction of judgments—

(1)

In general— The President may direct a transfer of funds from the Fund established under this section to the United States district court in which any judgment has been entered against the Government of North Korea pursuant to section 1605A of title 28, United States Code, pursuant to section 1083(c)(2) of the National Defense Authorization Act for Fiscal Year 2008 (28 U.S.C. 1605A note), or pursuant to section 201 of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note), such amounts as may be available after the obligation of amounts appropriated pursuant to the authorization of appropriations under subsection (c), for the satisfaction of such judgments.

(2)

Rule of construction on standing by judgment creditors— Nothing in this section, any amendment made by section 105, or section 306 shall be construed to create standing by any judgment creditor to contest or intervene in a forfeiture action under chapter 46 of title 18, United States Code.

(e)

Briefing required— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall provide a briefing to the appropriate congressional committees describing amounts available in the Fund, amounts obligated and expended for each purpose, and any amounts transferred out of the Fund.

(f)

Transfer— To prevent the accumulation of excessive surpluses in the Fund, in any fiscal year an amount specified in an annual appropriation law that is available after the obligation of amounts authorized to be appropriated in subsection (c) and authorized to be transferred in subsection (d), may be transferred out of the Fund and deposited, in equal proportions, into the funds established under section 524(c) of title 28, United States Code, and section 9703 of title 31, United States Code.

(g)

Sunset— The Fund established under this section shall cease to exist on September 30, 2023, and any unexpended funds remaining in the Fund after such date shall be transferred in accordance with subsection (f).

Sec. 404 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 shall 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 Effective date

Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be in effect during the 3-year period beginning on the date of the enactment of this Act.