III 

114TH CONGRESS 

2D SESSION S. RES. 564 

Condemning North Korea’s fifth nuclear test on September 9, 2016. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2016 

Mr. CARDIN (for himself, Mr. REED, Mrs. FEINSTEIN, Mr. DURBIN, and Mr. 

SCHUMER) submitted the following resolution; which was referred to the 

Committee on Foreign Relations 

RESOLUTION 

Condemning North Korea’s fifth nuclear test on September 

9, 2016. 

Whereas the Democratic People’s Republic of North Korea 

(DPRK) conducted its fifth nuclear test on September 9, 

2016, in Punggye-ri, North Hamgyong Province; 

Whereas North Korea’s nuclear test on September 9th, the 

second nuclear test this year, follows an unprecedented 

campaign of ballistic missile launches, which the Government of North Korea claims are intended to serve as delivery vehicles for nuclear weapons targeting the United 

States and United States allies South Korea and Japan; 

Whereas North Korea continues to test nuclear weapons and 

intercontinental and submarine-launched ballistic missiles, which pose a major threat to the United States and 


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•SRES 564 IS 

United States allies and partners in Asia and around the 

world; 

Whereas the Government of North Korea’s belligerent behavior has been in direct defiance of United Nations Security 

Council Resolutions 1718 (adopted October 14, 2006), 

1874 (adopted June 12, 2009), 2087 (adopted January 

22, 2013), 2094 (adopted March 7, 2013), and 2270 

(adopted March 2, 2016) and the non-proliferation regime; 

Whereas the United Nations Security Council strongly condemned North Korea’s nuclear test and expressed its 

willingness to begin to work immediately on appropriate 

measures under Article 41 in a United Nations Security 

Council Resolution after its meeting on September 10, 

2016; 

Whereas President Barack Obama stated in response to the 

nuclear test that ‘‘far from achieving its stated national 

security and economic development goals, North Korea’s 

provocative and destabilizing actions have instead served 

to isolate and impoverish its people through its relentless 

pursuit of nuclear weapons and ballistic missile capabilities’’; 

Whereas Secretary of State John Kerry stated in response to 

the nuclear test that ‘‘the D.P.R.K.’s repeated and willful 

violations of its obligations under U.N. Security Council 

Resolutions, its belligerent and erratic threats, and web 

of illicit activities around the world indicate it has no interest in participating in global affairs as a responsible 

member of the international community’’; 

Whereas United States Ambassador to the United Nations 

Samantha Power stated in explanation of the vote on 


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•SRES 564 IS 

United Nations Security Council Resolution 2270 that 

‘‘the chronic suffering of the people of North Korea is 

the direct result of the choices made by the DPRK government, a government that has consistently prioritized 

its nuclear weapons and ballistic missile programs over 

providing for the most basic needs of its own people . . . 

the North Korean government would rather grow its nuclear weapons program than grow its children’’; 

Whereas Republic of Korea President Park Geun-hye stated, 

in response to the nuclear test, ‘‘North Korea’s nuclear 

test, already the second this year, cannot be regarded as 

anything else but a direct defiance against the international community . . . the nuclear threat posed by 

North Korea is an urgent and present threat. Accordingly, our and the international community’s response too 

should now be completely different from before.’’; 

Whereas Congress passed the North Korea Sanctions and 

Policy Enhancement Act (NKSPEA) on February 18, 

2016 (Public Law 114–122); 

Whereas NKSPEA imposes mandatory sanctions on individuals who contribute to North Korea’s nuclear program, 

proliferation activities, malicious cyberattacks, and 

human rights abuses; 

Whereas, on June 1, 2016, the Department of the Treasury 

designated North Korea as a ‘‘primary money laundering 

concern’’ under section 5318A of title 31, United States 

Code; 

Whereas, on July 6, 2016, the Department of the Treasury 

designated top officials of the North Korean regime, including North Korean leader Kim Jong Un, ten other inVerDate Sep 11 2014 00:37 Sep 16, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR564.IS SR564

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dividuals, and five entities, for their role as perpetrators 

of human rights abuses in North Korea; and 

Whereas additional measures to further curtail North Korea’s 

access to international financial markets, further impede 

trade that benefits the Government of North Korea, government and party officials, and military entities, and 

freeze assets of North Korean officials are available both 

through already authorized unilateral United States policy, including secondary sanctions on entities that facilitate trade with North Korea and designations for actions 

which undermine cybersecurity, and through the United 

Nations Security Council: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) condemns the North Korean regime for con3 tinuing its dangerous provocations, focusing solely 

4 on the advancement of its nuclear and missile capa5 bilities while violating the human rights of its peo6 ple; 

7 (2) calls on the North Korean regime to imme8 diately and unconditionally meet its obligation to 

9 abandon its nuclear weapons and missile programs 

10 in a complete, verifiable, and irreversible manner; 

11 (3) calls on China to exercise its significant eco12 nomic and diplomatic leverage over the DPRK, in13 cluding through the aggressive enforcement of exist14 ing United Nations Security Council resolutions, in 

15 order to halt North Korea’s illegal nuclear and mis16 sile programs; 


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1 (4) reaffirms the commitment of the United 

2 States to defending allies in the region, including 

3 through deployment of a Terminal High Altitude 

4 Area Defense (THAAD) battery to the Republic of 

5 Korea and joint United States-Japan efforts to de6 velop the next generation of missile defense intercep7 tors, including the Standard Missile 3; 

8 (5) reinforces longstanding United States com9 mitments to provide extended deterrence, guaranteed 

10 by the full spectrum of United States defense capa11 bilities, to the Republic of Korea and Japan; 

12 (6) supports ongoing efforts to strengthen the 

13 United States-Republic of Korea alliance, to protect 

14 the 28,500 members of the United States Armed 

15 Forces stationed on the Korean Peninsula, and to 

16 defend the alliance against any and all provocations 

17 committed by the North Korean regime; and 

18 (7) calls on all members of the United Nations 

19 Security Council to take immediate action to pass 

20 additional and meaningful new measures under Arti21 cle 41 of the United Nations Charter, including— 

22 (A) stricter measures to eliminate excep23 tions in current United Nations Security Coun24 cil resolution sanctions; 


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1 (B) further restrictions on imports and ex2 ports of such sectoral commodities as coal, iron, 

3 and precious metals and the prohibition on fuel 

4 oil exports to North Korea; 

5 (C) elimination of access for entities in6 volved in North Korea’s nuclear and ballistic 

7 missile programs to international financial mar8 kets and banking; 

9 (D) restrictions on the use of North Ko10 rean subcontractors in global supply chains, 

11 particularly in the textile and apparel industry; 

12 (E) restrictions on the supply of aviation 

13 fuel and a ban on civilian aviation; 

14 (F) a ban on bulk cash transfers to and 

15 from North Korea; 

16 (G) prevention of the use of North Korean 

17 labor in third-country projects and agreements; 

18 and 

19 (H) a downgrading of North Korean diplo20 matic representation. 

Æ 


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