§9214. Designation of persons — Inbound Citations
22 U.S.C. § 9214
Cited by 20 provisions in release 119-102.
Citations to 22 U.S.C. § 9214 as a whole
-
(4) The term “designated person” means a person designated under subsection (a), (b), or (g) of section 9214 of this title for purposes of applying 1 or more of the sanctions described in subchapter I or II with respect to the person.
-
(D) such other significant activities described in regulations promulgated to implement section 9214 of this title.
-
(1) to investigate the conduct described in subsections (a), (b), and (g) of section 9214 of this title; and
-
(a) Except as provided in subsection (b), if a United States financial institution has or obtains knowledge that a correspondent account established, maintained, administered, or managed by that institution for a foreign financial institution is being used by the foreign financial institution to provide significant financial services indirectly to any person, foreign government, or financial institution designated under section 9214 of this title, the United States financial institution shall ensure that such correspondent account is no longer used to provide such services.
-
(b) A United States financial institution is authorized to process transfers of funds to or from North Korea, or for the direct or indirect benefit of any person, foreign government, or financial institution that is designated under section 9214 of this title, only if the transfer—(1) arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction that has been authorized by a specific or general license issued by the Secretary of the Treasury; and(2) does not involve debiting or crediting a North Korean account.
-
(1) subsection (a), (b), or (g) of section 9214 of this title;
-
(1) subsection (a), (b), or (g) of section 9214 of this title;
-
(a) The following activities shall be exempt from sanctions under sections 9214, 9221a, 9221b, 9221c, 9226, 9229, 9241a, 9241b, and 9243 of this title:(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.
-
(1) The President may waive, for renewable periods of between 30 days and 1 year, the application of the sanctions authorized under section 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title 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 7802 of this title.
-
(3) An internationally recognized humanitarian organization shall not be subject to sanctions under section 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title for—(A) engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes pursuant to a waiver issued under paragraph (1);(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 chapter.
-
(c) 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 9214, 9221a, 9221b, 9221c, 9221(c)(2), 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title 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 chapter or is for an important law enforcement purpose.
Citations to §9214(a)
-
(a) The President shall initiate an investigation into the possible designation of a person under section 9214(a) or (g) of this title upon receipt by the President of credible information indicating that such person has engaged in conduct described in section 9214(a) or (g) of this title.
-
(a) 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 9214(a) or (g) of this title.
-
(1) The Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41 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 9214(a) or (g) of this title.
-
(iii) facilitate any of the activities described in section 9214(a) of this title;
-
(d) A vessel, aircraft, or conveyance used to facilitate any of the activities described in section 9214(a) of this title under the jurisdiction of the United States may be seized and forfeited, or subject to forfeiture, under—(1) chapter 46 of title 18; or(2) part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581 et seq.).
-
(b) The President shall designate under section 9214(a) of this title 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.
-
(b) The President shall designate under section 9214(a) of this title 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.
Citations to §9214(g)
-
(a) Any sanction or other measure required under subchapter I, II, or III (or any amendment made by such subchapters) (other than section 9214(g), 9221b, or 9221c of this title) 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 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.
Citations to §9214(g)(1)(C)
-
(3) a list of foreign persons that knowingly employ North Korean laborers, as described in section 9214(g)(1)(C) of this title.