PUBLIC LAW 114–122—FEB. 18, 2016 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. 

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. 

22 USC 9201 

note. 

North Korea 

Sanctions and 

Policy 

Enhancement 

Act of 2016. 

Human rights. 

Feb. 18, 2016 

[H.R. 757] 


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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 

22 USC 9201. 


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(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. 

22 USC 9202. 


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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. 


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(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. 


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TITLE I—INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES 

SEC. 101. 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. 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. 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— 

22 USC 9213. 

President. 

22 USC 9212. 

22 USC 9211. 


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(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. 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 

President. 

22 USC 9214. 


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(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 


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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. 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 

22 USC 9221. 


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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 Korearelated 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 


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(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) DETERMINATIONS REGARDING NORTH KOREA.— 

(1) IN GENERAL.—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 GrammLeach-Bliley Act (15 U.S.C. 6809)), shall impose 1 or more 

of the special measures described in section 5318A(b) of title 

Deadline. 

Consultations. 


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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. 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 

22 USC 9222. 


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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. 


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(c) STRATEGY TO IMPROVE INTERNATIONAL IMPLEMENTATION AND

ENFORCEMENT OF UNITED NATIONS NORTH KOREA-SPECIFIC SANCTIONS.—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 Koreaspecific 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. 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) 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— 

Determination. 

22 USC 9223. 

President. 

Coordination. 


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(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. 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.—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.—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). 

Determination. 

Certification. 

22 USC 9224. 


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130 STAT. 108 PUBLIC LAW 114–122—FEB. 18, 2016 

(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. ENHANCED INSPECTION AUTHORITIES. 

(a) 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. 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. 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) 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 

Time period. 

22 USC 9227. 

22 USC 9226. 

President. 

22 USC 9225. 


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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. 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.—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); 

President. 

Time period. 

Determination. 

22 USC 9228. 


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(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.—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.—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. 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) 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) 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.— 

Strategy. 

Assessment. 

President. 

22 USC 9229. 

President. 

Regulations. 

President. 

Time period. 

Determination. 


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(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. CODIFICATION OF SANCTIONS WITH RESPECT TO NORTH 

KOREAN ACTIVITIES UNDERMINING CYBERSECURITY. 

(a) IN GENERAL.—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. 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 

22 USC 9231. 

Termination 

date. 

Certification. 

22 USC 9230. 


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(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) 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. STRATEGY TO PROMOTE NORTH KOREAN HUMAN RIGHTS. 

(a) 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) 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) 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 

Plan. 

Lists. 

Deadline. 

Reports. 

22 USC 9241. 

Deadline. 

President. 

Reports. 

Classified 

Information. 


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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. 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. 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. 

22 USC 9243. 

22 USC 9242. 


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(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) 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.—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. 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 

Certifications. 

President. 

22 USC 9251. 

President. 

Web posting. 


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(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.—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) 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. 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. 

22 USC 9253. 

President. 

Determination. 

Certification. 

22 USC 92512. 

Time period. 


ralbany on LAP520R082 with PUBLIC LAW
130 STAT. 116 PUBLIC LAW 114–122—FEB. 18, 2016 

LEGISLATIVE HISTORY—H.R. 757: 

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. 

Æ 

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, 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. 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. 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. 

22 USC 9201 

note. 

22 USC 9255. 

22 USC 9254. 


ralbany on LAP520R082 with PUBLIC LAW