North Korea Sanctions and Policy Enhancement Act of 2015
A BILL
To improve the enforcement of sanctions against the Government of North Korea, and for other purposes.
Sec. 2 Findings; purposes
Findings— Congress finds the following:
The Government of North Korea—
has repeatedly violated its commitments to the complete, verifiable, and irreversible dismantlement of its nuclear weapons programs; and
has willfully violated multiple United Nations Security Council resolutions calling for it to cease its development, testing, and production of weapons of mass destruction.
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.
The Government of North Korea has been implicated repeatedly in money laundering and illicit activities, including—
prohibited arms sales;
narcotics trafficking;
the counterfeiting of United States currency;
significant activities undermining cybersecurity; and
the counterfeiting of intellectual property of United States persons.
North Korea has—
unilaterally withdrawn from the Korean War Armistice Agreement, done at Panmunjom, Korea, July 27, 1953; and
committed provocations against South Korea—
by sinking the warship Cheonan and killing 46 of her crew on March 26, 2010;
by shelling Yeonpyeong Island and killing 4 South Korean civilians on November 23, 2010; and
by its involvement in the “DarkSeoul” cyberattacks against the financial and communications interests of the Republic of Korea on March 20, 2013.
North Korea maintains a system of brutal political prison camps that contain as many as 200,000 men, women, and children, who are—
kept in atrocious living conditions with insufficient food, clothing, and medical care; and
under constant fear of torture or arbitrary execution.
North Korea has prioritized weapons programs and the procurement of luxury goods—
in defiance of United Nations Security Council Resolutions 1695 (adopted July 15, 2006), 1718 (adopted October 14, 2006), 1874 (adopted June 12, 2009), 2087 (adopted January 22, 2013), and 2094 (adopted March 7, 2013); and
in gross disregard of the needs of its people.
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 these transactions to promote proliferation, weapons trafficking, human rights violations, illicit activity, and the purchase of luxury goods—
aid and abet North Korea’s misuse of the international financial system; and
violate the intent of the United Nations Security Council resolutions referred to in paragraph (6)(A).
The Government of North Korea has provided technical support and conducted destructive and coercive cyberattacks against Sony Pictures Entertainment and other United States persons.
The conduct of the Government of North Korea poses an imminent threat to—
the security of the United States and its allies;
the global economy;
the safety of members of the United States Armed Forces;
the integrity of the global financial system;
the integrity of global nonproliferation programs; and
the people of North Korea.
The Government of North Korea has recently and repeatedly sponsored acts of international terrorism, including—
attempts to assassinate defectors and human rights activists;
repeated threats of violence against foreign persons, leaders, newspapers, and cities; and
the shipment of weapons to terrorists and state sponsors of terrorism.
Congress reaffirms the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802).
Purposes— The purposes of this Act are—
to use nonmilitary means to address the crisis described in subsection (a);
to provide diplomatic leverage to negotiate necessary changes in the Government of North Korea’s conduct;
to ease the suffering of the people of North Korea; and
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 Definitions
In this Act:
Applicable executive order— The term applicable Executive order means—
Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking property of weapons of mass destruction proliferators and their supports), Executive Order 13466 (73 Fed. Reg. 36787; relating to continuing certain restrictions with respect to North Korea and North Korean nationals), Executive Order 13551 (75 Fed. Reg. 53837; relating to blocking property of certain persons with respect to North Korea), Executive Order 13570 (76 Fed. Reg. 22291; relating to prohibiting certain transactions with respect to North Korea), or Executive Order 13687 (80 Fed Reg. 819), to the extent that such Executive order—
authorizes the imposition of sanctions on persons for conduct; or
prohibits transactions or activities involving the Government of North Korea; and
any Executive order adopted on or after the date of the enactment of this Act, to the extent that such Executive order—
authorizes the imposition of sanctions on persons for conduct; or
prohibits transactions or activities involving the Government of North Korea.
Applicable united nations security council resolution— The term applicable United Nations Security Council resolution means—
United Nations Security Council Resolution 1695 (adopted July 15, 2006), 1718 (adopted October 14, 2006), 1874 (adopted June 12, 2009), 2087 (adopted January 22, 2013), or 2094 (adopted March 7, 2013); and
any United Nations Security Council resolution adopted on or after the date of the enactment of this Act that—
authorizes the imposition of sanctions on persons for conduct; or
prohibits transactions or activities involving the Government of North Korea.
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
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.
Government of north korea— The term Government of North Korea means—
the Government of the Democratic People’s Republic of Korea or any political subdivision, agency, or instrumentality of such government; and
any person owned or controlled by, or acting for or on behalf of, the Government of North Korea.
Luxury goods— The term luxury goods—
has the meaning given such term in section 746.4(b)(1) of title 15, Code of Federal Regulations; and
includes the items listed in Supplement No. 1 to Part 746 of such title, and any similar items.
Monetary instruments— The term monetary instruments has the meaning given such term in section 5312(a) of title 31, United States Code.
North korean financial institution— The term North Korean financial institution means any financial institution that—
is organized under the laws of North Korea or any jurisdiction within North Korea (including a foreign branch of such institution);
is located in North Korea, except for a financial institution that is excluded by the President in accordance with section 208(c);
is owned or controlled by the Government of North Korea, regardless of location; and
is owned or controlled by a financial institution described in subparagraph (A), (B), or (C), regardless of location.
Other stores of value— The term other stores of value means—
prepaid access devices, tangible or intangible prepaid access devices, and other instruments or devices for the storage or transmission of value (as such terms are defined in part 1010 of title 31, Code of Federal Regulations); and
any covered goods (as defined in section 1027.100 of title 31, Code of Federal Regulations), and any instrument or tangible or intangible access device used for the storage and transmission of a representation of covered goods, or other device (as defined in such section 1027.100).
Significant activities undermining cybersecurity— The term significant activities undermining cybersecurity means—
significant efforts to—
deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or
exfiltrate information from such a system or network without authorization;
significant destructive malware attacks;
significant denial of service activities; and
such other significant activities described in regulations promulgated to implement section 104.