US Codex
Pub. L.
Notes

North Korea Sanctions and Policy Enhancement Act of 2016

114th Congress · Approved Feb 18, 2016 · 130 Stat. 93

An Act

To improve the enforcement of sanctions against the Government of North Korea, and for other purposes.

Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,

SECTION 1. Short Title; Table of Contents.

(a)
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.

Sec. 403. Authorization of appropriations.

Sec. 404. Rulemaking.

Sec. 405. Authority to consolidate reports.

Sec. 406. Effective date.

SEC. 2. 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
(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. 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. 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.
(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.