I 

112TH CONGRESS 

1ST SESSION H. R. 1321 

To continue restrictions against and prohibit diplomatic recognition of the 

Government of North Korea, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2011 

Ms. ROS-LEHTINEN (for herself, Ms. BERKLEY, Mr. ROYCE, Mr. BURTON of 

Indiana, Mr. JOHNSON of Ohio, Mr. RIVERA, Mr. MANZULLO, Ms. FOXX, 

and Mrs. ELLMERS) introduced the following bill; which was referred to 

the Committee on Foreign Affairs, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To continue restrictions against and prohibit diplomatic recognition of the Government of North Korea, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘North Korea Sanctions 

5 and Diplomatic Nonrecognition Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) North Korean negotiators in the Six-Party 

2 diplomatic process did not act in good faith by their 

3 refusal to agree to a transparent verification process 

4 for denuclearization consistent with ‘‘international 

5 standards’’, including provisions for nuclear sam6 pling, following North Korea’s removal on October 

7 11, 2008, from the list of state sponsors of terrorism 

8 maintained by the Department of State. 

9 (2) International press reports indicate that 

10 North Korea has continued to provide support to 

11 Iran in the areas of missile technology and nuclear 

12 development and has provided Iran’s surrogates, 

13 Hezbollah and Hamas, with both missile technology 

14 and training in tunneling techniques with which to 

15 attack Israel, an ally of the United States. 

16 (3) International press reports indicate that 

17 North Korea was engaged for a number of years in 

18 assistance to Syria in the construction of a nuclear 

19 reactor in the Syrian desert which was destroyed in 

20 a strike by Israeli forces on September 6, 2007. 

21 (4) North Korean negotiators continue to refuse 

22 to address in a humane and sincere manner the 

23 issue of the abduction of civilians of Japan and the 

24 Republic of Korea, both allies of the United States, 

25 as well as the abductions of citizens from a number 


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1 of other countries, including France, Lebanon, Ro2 mania, and Thailand. 

3 (5) Defectors coming out of North Korea have 

4 provided testimony that United States permanent 

5 resident, Reverend Kim Dong-shik, the spouse and 

6 father of United States citizens, was tortured and 

7 murdered inside North Korea after his abduction by 

8 Pyongyang’s agents on the Chinese border in Janu9 ary 2000 and that his remains are currently being 

10 held at a military facility inside North Korea. 

11 (6) Congress authoritatively expressed its view, 

12 in section 202(b)(2) of the North Korean Human 

13 Rights Act of 2004 (Public Law 108–333; 22 U.S.C. 

14 7832(b)(2)) that ‘‘United States nonhumanitarian 

15 assistance to North Korea shall be contingent on 

16 North Korea’s substantial progress’’ on human 

17 rights improvements, release of and accounting for 

18 abductees, family reunification, reform of North Ko19 rea’s labor camp system, and the decriminalization 

20 of political expression, none of which has occurred. 

21 (7) Congress further authoritatively expressed 

22 its view, in section 2 of the North Korean Human 

23 Rights Reauthorization Act of 2008 (Public Law 

24 110–346) that ‘‘human rights and humanitarian 

25 conditions inside North Korea are deplorable’’ and 


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1 that ‘‘North Korean refugees remain acutely vulner2 able’’. 

3 (8) Congress has determined that any missile 

4 test or launch conducted by North Korea would be 

5 in direct violation of United Nations Security Coun6 cil resolution 1695, adopted on July 16, 2006, which 

7 ‘‘condemns the multiple launches by the DPRK 

8 (North Korea) of ballistic missiles on July 5 2006 

9 local time’’, and United Nations Security Council 

10 Resolution 1718, adopted on October 9, 2006, which 

11 ‘‘demands that the DPRK (North Korea) not con12 duct any further nuclear test or launch of a ballistic 

13 missile’’ and ‘‘decides that the DPRK shall suspend 

14 all activities related to its ballistic missile pro15 gramme and in this context re-establish its pre-exist16 ing commitments to a moratorium on missile launch17 ing’’, and further determines that the resulting sanc18 tions imposed under such resolution 1718 would 

19 again come into full effect following a missile test or 

20 launch. 

21 (9) Congress has further determined that a re22 turn by North Korea to the Six-Party diplomatic 

23 process following any missile test or launch by 

24 Pyongyang must include a firm and transparent 

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1 ible dismantlement of all of North Korea’s nuclear 

2 programs, including those derived both from pluto3 nium as well as highly enriched uranium. 

4 (10) Japanese press reports have indicated that 

5 a delegation of approximately fifteen Iranian missile 

6 experts arrived in North Korea in March 2009 ‘‘to 

7 help Pyongyang prepare for a rocket launch’’, in8 cluding senior officials with the Iranian rocket and 

9 satellite producer Shahid Hemmat Industrial Group, 

10 and that they brought with them a letter from their 

11 President Mahmoud Ahmadinejad to North Korean 

12 leader Kim Jong-Il stressing the importance of co13 operating on space technology. 

14 (11) North Korea, in defiance of the inter15 national community’s efforts to end nuclear pro16 liferation and in violation of its international obliga17 tions, conducted a second underground nuclear test 

18 on May 25, 2009 (local time), in violation of United 

19 Nations Security Council Resolution 1718, which re20 sulted in the passage of United Nations Security 

21 Council Resolution 1874 on June 12, 2009, which 

22 imposed additional sanctions and inspection require23 ments with regard to North Korea. 

24 (12) North Korea, according to Western press 

25 reports, transshipped missile parts, used to run 


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1 Iran’s solid fuel ballistic missile program, to Tehran 

2 via Air Iran flights which landed in Beijing, China 

3 in 2007. 

4 (13) Press reports in March 2011 indicated 

5 that opposition forces in Libya, when they took posi6 tions from Qaddafi forces, discovered North Korean 

7 weapons caches, including rockets and anti-aircraft 

8 guns, unpacked from crates labeled ‘‘bulldozer 

9 parts,’’ which would represent a clear violation of 

10 United Nations sanctions. 

11 SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE 

12 GOVERNMENT OF NORTH KOREA. 

13 (a) FINDING.—Congress finds that subsequent to the 

14 decision of the Secretary of State on October 11, 2008, 

15 to rescind the designation of North Korea as a state spon16 sor of terrorism, North Korea has committed acts that can 

17 be defined as international terrorism or as highly provoca18 tive, including— 

19 (1) the dispatch of a covert team of two North 

20 Korean military-trained agents to South Korea with 

21 orders to assassinate North Korean defector Hwang 

22 Jang-yop who were apprehended by South Korean 

23 officials in April 2010; 

24 (2) complicity in the sinking of the South Ko25 rean naval vessel Cheonan on March 26, 2010, 


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1 which resulted in the deaths of 46 South Korean 

2 naval personnel; 

3 (3) the shipment of weapons by North Korea, 

4 seized in Bangkok in December 2009, which were 

5 bound for delivery to foreign terrorist organizations 

6 Hezbollah and Hamas, according to a statement 

7 made by Israeli Foreign Minister Avigdor Lieberman 

8 in Tokyo on May 12, 2010; 

9 (4) the sudden and unprovoked bombardment 

10 by North Korean artillery of the civilian-populated 

11 South Korean island of Yeonpyeong-do on November 

12 23, 2010, which resulted in the deaths of two South 

13 Korean civilians and two Republic of Korea (ROK) 

14 marines; and 

15 (5) the sentencing by Seoul Central District 

16 Court in January 2011 of North Korean agent Ri 

17 Dong Sam to 10 years in prison for impersonating 

18 a refugee in August 2010 to enter South Korea 

19 under orders to assassinate leading North Korean 

20 defector Hwang Jang Yop. 

21 (b) CONTINUATION OF RESTRICTIONS.—Notwith22 standing the decision by the Secretary of State on October 

23 11, 2008, to rescind the designation of North Korea as 

24 a state sponsor of terrorism, and in light of the congres25 sional finding described in subsection (a), restrictions 


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1 against the Government of North Korea that were im2 posed by reason of a determination of the Secretary of 

3 State that the Government of North Korea is a state spon4 sor of terrorism, as well as sanctions against the Govern5 ment of North Korea (including sanctions that ban the 

6 importation into the United States of North Korean prod7 ucts and goods), that are in effect as of the date of the 

8 enactment of this Act shall remain in effect, and shall not 

9 be lifted, unless the President makes the certification de10 scribed in subsection (c). 

11 (c) CERTIFICATION.—The certification referred to in 

12 subsection (b) is a certification to Congress containing a 

13 determination of the President that the Government of 

14 North Korea— 

15 (1) is no longer engaged in the illegal transfer 

16 of missile or nuclear technology, particularly to the 

17 governments of Iran, Syria, or any other state spon18 sor of terrorism, or to Burma; 

19 (2) is no longer engaged in training in combat 

20 operations or tunneling, or harboring, supplying, fi21 nancing, or supporting in any way— 

22 (A) Hamas, Hezbollah, the Japanese Red 

23 Army, or any member of such organizations; 

24 (B) any organization designated by the 

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1 zation in accordance with section 219(a) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1189(a)); and 

4 (C) any person included on the annex to 

5 Executive Order 13224 (September 21, 2001) 

6 and any other person identified under section 1 

7 of that Executive Order whose property and in8 terests are blocked by that section (commonly 

9 known as a ‘‘specially designated global ter10 rorist’’); 

11 (3) is no longer engaged in the counterfeiting of 

12 United States currency ‘‘supernotes’’; 

13 (4) is no longer engaged in the international 

14 trafficking of illicit narcotics into the United States, 

15 Japan, Australia, or other allied countries of the 

16 United States; 

17 (5) has returned the last remains of United 

18 States permanent resident, Reverend Kim Dong19 shik, to his United States citizen widow, family, and 

20 church members, so that he may be provided with a 

21 proper Christian burial in Chicago; 

22 (6) has released the Japanese nationals recog23 nized as abduction victims by the Government of 

24 Japan as well as abduction victims recognized by the 

25 Government of the Republic of Korea; 


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1 (7) has released an estimated 600 surviving 

2 South Korean POWs, and any other surviving 

3 POWs from the Korean War, who have been held in 

4 North Korea against their will and in violation of 

5 the Armistice Agreement since hostilities ended in 

6 July 1953; 

7 (8) has made concrete provisions for unre8 stricted family reunification meetings for those indi9 viduals among the two-million strong Korean-Amer10 ican community who maintain family ties with rel11 atives inside North Korea; 

12 (9) has opened the North Korean penal system, 

13 including the gulag of concentration camps holding 

14 an estimated 200,000 political and religious pris15 oners, to unrestricted and regular visits by rep16 resentatives of the International Committee of the 

17 Red Cross (ICRC); 

18 (10) has made provision for unrestricted and 

19 regular access by representatives of the United Na20 tional High Commissioner for Refugees to refugees 

21 forcibly repatriated to North Korea to determine 

22 their general health and welfare; 

23 (11) has made concrete provisions for unre24 stricted contact, including direct communications 

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1 national and South Korean religious organizations, 

2 including Christians and Buddhists, and their co-be3 lievers inside North Korea; and 

4 (12) has offered apologies to the government 

5 and people of the Republic of Korea for the deaths 

6 that North Korea inflicted due to the unprovoked at7 tacks on the South Korean naval vessel Cheonan on 

8 March 26, 2010, and on the island of Yeonpyeong9 do on November 23, 2010. 

10 (d) SENSE OF CONGRESS.—It is the sense of Con11 gress that, in light of the congressional finding described 

12 in subsection (a), the Secretary of State should redesig13 nate North Korea as a state sponsor of terrorism imme14 diately upon the date of the enactment of this Act. 

15 (e) STATE SPONSOR OF TERRORISM DEFINED.—In 

16 this section, the term ‘‘state sponsor of terrorism’’ means 

17 any country the government of which the Secretary of 

18 State determines has repeatedly provided support for acts 

19 of international terrorism pursuant to section 6(j) of the 

20 Export Administration Act of 1979 (as continued in effect 

21 pursuant to the International Emergency Economic Pow22 ers Act), section 40 of the Arms Export Control Act, sec23 tion 620A of the Foreign Assistance Act of 1961, or any 

24 other provision of law. 


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1 SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION 

2 OF NORTH KOREA. 

3 (a) FINDING.—Congress finds that the United States 

4 did not grant diplomatic recognition to North Korea upon 

5 its establishment as a client regime of the former Soviet 

6 Union in 1948. The United States has consistently contin7 ued to withhold such formal diplomatic recognition during 

8 the 61 years since the sudden and unprovoked attack by 

9 North Korean forces on the Republic of Korea on June 

10 25, 1950, an attack which led directly to the Korean War 

11 and the deaths of over 36,000 United States military per12 sonnel as well as at least 2,000,000 Koreans and over 

13 3,000 soldiers from Allied countries. 

14 (b) CONTINUATION OF DIPLOMATIC NONRECOGNI15 TION.—No funds may be expended for the establishment 

16 of a United States diplomatic presence in North Korea, 

17 including an Embassy, Consulate, or liaison office, until 

18 such time as the President certifies to Congress that the 

19 Government of North Korea has met all of the bench20 marks specified in section 3. 

21 SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN 

22 MISSILE LAUNCH OR NUCLEAR TEST. 

23 In the case of the launch of a missile, rocket, or other 

24 airborne object by North Korea or the conducting of a nu25 clear test in violation of United Nations Security Council 

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1 struct the United States Permanent Representative to the 

2 United Nations to use the voice, vote, and influence of the 

3 United States to secure adoption of a United Nations Se4 curity Council resolution condemning North Korea’s ac5 tion as a violation of United Nations Security Council Res6 olutions 1695, 1718, and 1874 and requiring the imple7 mentation of comprehensive sanctions and an inspection 

8 regime against North Korea. 

Æ 


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