IIB 

115TH CONGRESS 

1ST SESSION H. R. 1644 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2017 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To enhance sanctions with respect to transactions relating 

to 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Korean Interdiction 

3 and Modernization of Sanctions Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—SANCTIONS TO ENFORCE AND IMPLEMENT UNITED NATIONS SECURITY COUNCIL SANCTIONS AGAINST NORTH KOREA 

Sec. 101. Modification and expansion of requirements for the designation of 

persons. 

Sec. 102. Prohibition on indirect correspondent accounts. 

Sec. 103. Limitations on foreign assistance to noncompliant governments. 

Sec. 104. Amendments to enhance inspection authorities. 

Sec. 105. Enforcing compliance with United Nations shipping sanctions against 

North Korea. 

Sec. 106. Report on cooperation between North Korea and Iran. 

Sec. 107. Report on implementation of United Nations Security Council resolutions by other governments. 

Sec. 108. Briefing on measures to deny specialized financial messaging services 

to designated North Korean financial institutions. 

TITLE II—SANCTIONS WITH RESPECT TO HUMAN RIGHTS 

ABUSES BY THE GOVERNMENT OF NORTH KOREA 

Sec. 201. Sanctions for forced labor and slavery overseas of North Koreans. 

Sec. 202. Modifications to sanctions suspension and waiver authorities. 

Sec. 203. Reward for informants. 

Sec. 204. Determination on designation of North Korea as a state sponsor of 

terrorism. 

TITLE III—GENERAL AUTHORITIES 

Sec. 301. Authority to consolidate reports. 

Sec. 302. Rule of construction. 

Sec. 303. Regulatory authority. 

Sec. 304. Limitation on funds. 

6 SEC. 3. DEFINITIONS. 

7 (a) AMENDMENTS TO DEFINITIONS IN THE NORTH

8 KOREA SANCTIONS AND POLICY ENHANCEMENT ACT OF

9 2016.— 


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1 (1) APPLICABLE EXECUTIVE ORDER.—Section 

2 3(1)(A) of the North Korea Sanctions and Policy 

3 Enhancement Act of 2016 (22 U.S.C. 9202(1)(A)) 

4 is amended— 

5 (A) by striking ‘‘or Executive Order 

6 13694’’ and inserting ‘‘Executive Order No. 

7 13694’’; and 

8 (B) by inserting ‘‘or Executive Order No. 

9 13722 (50 U.S.C. 1701 note; relating to block10 ing the property of the Government of North 

11 Korea and the Workers’ Party of Korea, and 

12 Prohibiting Certain Transactions With Respect 

13 to North Korea),’’ before ‘‘to the extent’’. 

14 (2) APPLICABLE UNITED NATIONS SECURITY

15 COUNCIL RESOLUTION.—Section 3(2)(A) of the 

16 North Korea Sanctions and Policy Enhancement Act 

17 of 2016 (22 U.S.C. 9202(2)(A)) is amended by 

18 striking ‘‘or 2094 (2013)’’ and inserting ‘‘2094 

19 (2013), 2270 (2016), or 2321 (2016)’’. 

20 (3) FOREIGN PERSON.—Section 3 of the North 

21 Korea Sanctions and Policy Enhancement Act of 

22 2016 (22 U.S.C. 9202) is amended— 

23 (A) by redesignating paragraphs (5) 

24 through (14) as paragraphs (6) through (15), 

25 respectively; and 


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1 (B) by inserting after paragraph (4) the 

2 following new paragraph: 

3 ‘‘(5) FOREIGN PERSON.—The term ‘foreign per4 son’ means— 

5 ‘‘(A) an individual who is not a United 

6 States citizen or an alien lawfully admitted for 

7 permanent residence to the United States; or 

8 ‘‘(B) an entity that is not a United States 

9 person.’’. 

10 (4) LUXURY GOODS.—Paragraph (9) of section 

11 3 of the North Korea Sanctions and Policy En12 hancement Act of 2016 (22 U.S.C. 9202), as redes13 ignated by paragraph (3) of this subsection, is 

14 amended— 

15 (A) in subparagraph (A), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (B), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(C) also includes any items so designated 

22 under an applicable United Nations Security 

23 Council resolution.’’. 

24 (5) NORTH KOREAN PERSON.—Section 3 of the 

25 North Korea Sanctions and Policy Enhancement Act 


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1 of 2016 (22 U.S.C. 9202), as amended by para2 graph (3) of this subsection, is further amended— 

3 (A) by redesignating paragraphs (13) 

4 through (15) as paragraphs (14) through (16), 

5 respectively; and 

6 (B) by inserting after paragraph (12) the 

7 following new paragraph: 

8 ‘‘(13) NORTH KOREAN PERSON.—The term 

9 ‘North Korean person’ means— 

10 ‘‘(A) a North Korean citizen or national; 

11 or 

12 ‘‘(B) an entity owned or controlled by the 

13 Government of North Korea or by a North Ko14 rean citizen or national.’’. 

15 (b) DEFINITIONS FOR PURPOSES OF THIS ACT.—In 

16 this Act: 

17 (1) APPLICABLE UNITED NATIONS SECURITY

18 COUNCIL RESOLUTION; LUXURY GOODS.—The terms 

19 ‘‘applicable United Nations Security Council resolu20 tion’’ and ‘‘luxury goods’’ have the meanings given 

21 those terms, respectively, in section 3 of the North 

22 Korea Sanctions and Policy Enhancement Act of 

23 2016 (22 U.S.C. 9202), as amended by subsection 

24 (a). 


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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES; GOVERNMENT OF NORTH KOREA; UNITED

3 STATES PERSON.—The terms ‘‘appropriate congres4 sional committees’’, ‘‘Government of North Korea’’, 

5 and ‘‘United States person’’ have the meanings 

6 given those terms, respectively, in section 3 of the 

7 North Korea Sanctions and Policy Enhancement Act 

8 of 2016 (22 U.S.C. 9202). 

9 (3) FOREIGN PERSON; NORTH KOREAN PER10 SON.—The terms ‘‘foreign person’’ and ‘‘North Ko11 rean person’’ have the meanings given those terms, 

12 respectively, in paragraph (5) and paragraph (13) of 

13 section 3 of the North Korea Sanctions and Policy 

14 Enhancement Act of 2016 (22 U.S.C. 9202(5) and 

15 9202(13)), as added by subsection (a). 

16 (4) PROHIBITED WEAPONS PROGRAM.—The 

17 term ‘‘prohibited weapons program’’ means— 

18 (A) any program related to the develop19 ment of nuclear, chemical, or biological weap20 ons, and their means of delivery, including bal21 listic missiles; and 

22 (B) any program to develop related mate23 rials with respect to a program described in 

24 subparagraph (A). 


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1 TITLE I—SANCTIONS TO EN2 FORCE AND IMPLEMENT 

3 UNITED NATIONS SECURITY 

4 COUNCIL SANCTIONS 

5 AGAINST NORTH KOREA 

6 SEC. 101. MODIFICATION AND EXPANSION OF REQUIRE7 MENTS FOR THE DESIGNATION OF PERSONS. 

8 (a) EXPANSION OF MANDATORY DESIGNATIONS.— 

9 Section 104(a) of the North Korea Sanctions and Policy 

10 Enhancement Act of 2016 (22 U.S.C. 9214(a)) is amend11 ed— 

12 (1) in paragraph (9), by striking ‘‘; or’’ and in13 serting ‘‘or any defense article or defense service (as 

14 such terms are defined in section 47 of the Arms 

15 Export Control Act (22 U.S.C. 2794));’’; 

16 (2) by redesignating paragraph (10) as para17 graph (15); 

18 (3) by inserting after paragraph (9) the fol19 lowing new paragraphs: 

20 ‘‘(10) knowingly, directly or indirectly, pur21 chases or otherwise acquires from North Korea any 

22 significant amounts of gold, titanium ore, vanadium 

23 ore, copper, silver, nickel, zinc, or rare earth min24 erals; 


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1 ‘‘(11) knowingly, directly or indirectly, sells or 

2 transfers to North Korea any significant amounts of 

3 rocket, aviation, or jet fuel (except for use by a civil4 ian passenger aircraft outside North Korea, exclu5 sively for consumption during its flight to North 

6 Korea or its return flight); 

7 ‘‘(12) knowingly, directly or indirectly, provides 

8 significant amounts of fuel or supplies, provides bun9 kering services, or facilitates a significant trans10 action or transactions to operate or maintain, a ves11 sel or aircraft that is designated under an applicable 

12 Executive order or an applicable United Nations Se13 curity Council resolution, or that is owned or con14 trolled by a person designated under an applicable 

15 Executive order or applicable United Nations Secu16 rity Council resolution; 

17 ‘‘(13) knowingly, directly or indirectly, insures, 

18 registers, facilitates the registration of, or maintains 

19 insurance or a registration for, a vessel owned or 

20 controlled by the Government of North Korea, ex21 cept as specifically approved by the United Nations 

22 Security Council; 

23 ‘‘(14) knowingly, directly or indirectly, main24 tains a correspondent account (as defined in section 

25 201A(d)(1)) with any North Korean financial instiVerDate Sep 11 2014 21:25 May 04, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.RFS H1644

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1 tution, except as specifically approved by the United 

2 Nations Security Council; or’’; and 

3 (4) in paragraph (15), as so redesignated, by 

4 striking ‘‘(9)’’ and inserting ‘‘(14)’’. 

5 (b) EXPANSION OF ADDITIONAL DISCRETIONARY

6 DESIGNATIONS.—Section 104(b)(1) of the North Korea 

7 Sanctions and Policy Enhancement Act of 2016 (22 

8 U.S.C. 9214(b)(1)) is amended— 

9 (1) in subparagraph (A), by striking ‘‘pursuant 

10 to an applicable United Nations Security Council 

11 resolution;’’ and inserting the following: ‘‘pursuant 

12 to— 

13 ‘‘(i) an applicable United Nations Se14 curity Council resolution; 

15 ‘‘(ii) any regulation promulgated 

16 under section 404; or 

17 ‘‘(iii) any applicable Executive 

18 order;’’; 

19 (2) in subparagraph (B)(iii), by striking ‘‘or’’ at 

20 the end; 

21 (3) in subparagraph (C), by striking the period 

22 at the end and inserting a semicolon; and 

23 (4) by adding at the end the following new sub24 paragraphs: 


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1 ‘‘(D) knowingly, directly or indirectly, pur2 chased or otherwise acquired from the Govern3 ment of North Korea significant quantities of 

4 coal, iron, or iron ore, in excess of the limita5 tions provided in applicable United Nations Se6 curity Council resolutions; 

7 ‘‘(E) knowingly, directly or indirectly, pur8 chased or otherwise acquired significant types 

9 or amounts of textiles from the Government of 

10 North Korea; 

11 ‘‘(F) knowingly facilitated a significant 

12 transfer of funds or property of the Govern13 ment of North Korea that materially contrib14 utes to any violation of an applicable United 

15 National Security Council resolution; 

16 ‘‘(G) knowingly, directly or indirectly, fa17 cilitated a significant transfer to or from the 

18 Government of North Korea of bulk cash, pre19 cious metals, gemstones, or other stores of 

20 value not described under subsection (a)(10); 

21 ‘‘(H) knowingly, directly or indirectly, sold, 

22 transferred, or otherwise provided significant 

23 amounts of crude oil, condensates, refined pe24 troleum, other types of petroleum or petroleum 

25 byproducts, liquified natural gas, or other natVerDate Sep 11 2014 21:25 May 04, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.RFS H1644

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1 ural gas resources to the Government of North 

2 Korea (except for heavy fuel oil, gasoline, or 

3 diesel fuel for humanitarian use or as excepted 

4 under subsection (a)(11)); 

5 ‘‘(I) knowingly, directly or indirectly, en6 gaged in, facilitated, or was responsible for the 

7 online commercial activities of the Government 

8 of North Korea, including online gambling; 

9 ‘‘(J) knowingly, directly or indirectly, pur10 chased or otherwise acquired fishing rights 

11 from the Government of North Korea; 

12 ‘‘(K) knowingly, directly or indirectly, pro13 vided significant telephonic, telegraphic, tele14 communications or other data services, in whole 

15 or in part, into or out of North Korea, in excess 

16 of services needed for humanitarian or diplo17 matic purposes (other than services that are ex18 cepted under section 203(b)(1) of the Inter19 national Emergency Economic Powers Act (50 

20 U.S.C. 1702(b)(1))); 

21 ‘‘(L) knowingly, directly or indirectly, pur22 chased or otherwise acquired significant types 

23 or amounts of food or agricultural products 

24 from the Government of North Korea; 


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1 ‘‘(M) knowingly, directly or indirectly, en2 gaged in, facilitated, or was responsible for the 

3 exportation of workers from North Korea in a 

4 manner intended to generate significant rev5 enue, directly or indirectly, for use by the Gov6 ernment of North Korea or by the Workers’ 

7 Party of Korea; 

8 ‘‘(N) knowingly conducted a significant 

9 transaction or transactions in North Korea’s 

10 transportation, mining, energy, or financial 

11 services industries; or 

12 ‘‘(O) except as specifically approved by the 

13 United Nations Security Council, and other 

14 than through a correspondent account as de15 scribed in subsection (a)(14), knowingly facili16 tated the operation of any branch, subsidiary, 

17 or office of a North Korean financial institu18 tion.’’. 

19 (c) MANDATORY AND DISCRETIONARY ASSET

20 BLOCKING.—Section 104(c) of the North Korea Sanctions 

21 and Policy Enhancement Act of 2016 (22 U.S.C. 9214(c)) 

22 is amended— 

23 (1) by striking ‘‘of a designated person’’ and in24 serting ‘‘of a person designated under subsection 

25 (a)’’; 


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1 (2) by striking ‘‘The President’’ and inserting 

2 the following: 

3 ‘‘(1) MANDATORY ASSET BLOCKING.—The 

4 President’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(2) DISCRETIONARY ASSET BLOCKING.—The 

8 President may also exercise such powers, in the 

9 same manner and to the same extent described in 

10 paragraph (1), with respect to a person designated 

11 under subsection (b).’’. 

12 (d) DESIGNATION OF ADDITIONAL PERSONS.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of the enactment of this Act, the 

15 President shall submit to the appropriate congres16 sional committees a report including a determination 

17 as to whether reasonable grounds exist, and an ex18 planation of the reasons for any determination that 

19 such grounds do not exist, to designate, pursuant to 

20 section 104 of the North Korea Sanctions and Policy 

21 Enhancement Act of 2016 (22 U.S.C. 9214), as 

22 amended by this section, each of the following: 

23 (A) The Korea Shipowners’ Protection and 

24 Indemnity Association, a North Korean insur25 ance company, with respect to facilitating imVerDate Sep 11 2014 21:25 May 04, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.RFS H1644

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1 ports, exports, and reexports of arms and re2 lated materiel to and from North Korea, or for 

3 other activities prohibited by such section 104. 

4 (B) Chinpo Shipping Company (Private) 

5 Limited, a Singapore corporation, with respect 

6 to facilitating imports, exports, and reexports of 

7 arms and related materiel to and from North 

8 Korea. 

9 (C) The Central Bank of the Democratic 

10 People’s Republic of Korea, with respect to the 

11 sale of gold to, the receipt of gold from, or the 

12 import or export of gold by the Government of 

13 North Korea. 

14 (D) Kumgang Economic Development Cor15 poration (KKG), with respect to being an entity 

16 controlled by Bureau 39 of the Workers’ Party 

17 of the Government of North Korea. 

18 (E) Sam Pa, also known as Xu Jinghua, 

19 Xu Songhua, Sa Muxu, Samo, Sampa, or Sam 

20 King, and any entities owned or controlled by 

21 such individual, with respect to transactions 

22 with KKG. 

23 (F) The Chamber of Commerce of the 

24 Democratic People’s Republic of Korea, with re25 spect to the exportation of workers in violation 


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1 of section 104(a)(5) or of section 104(b)(1)(M) 

2 of such Act, as amended by subsection (b) of 

3 this section. 

4 (2) FORM.—The report submitted under para5 graph (1) may contain a classified annex. 

6 SEC. 102. PROHIBITION ON INDIRECT CORRESPONDENT 

7 ACCOUNTS. 

8 (a) IN GENERAL.—Title II of the North Korea Sanc9 tions and Policy Enhancement Act of 2016 (22 U.S.C. 

10 9221 et seq.) is amended by inserting after section 201 

11 the following new section: 

12 ‘‘SEC. 201A. PROHIBITION ON INDIRECT CORRESPONDENT 

13 ACCOUNTS. 

14 ‘‘(a) IN GENERAL.—Except as provided in subsection 

15 (b), if a United States financial institution has or obtains 

16 knowledge that a correspondent account established, 

17 maintained, administered, or managed by that institution 

18 for a foreign financial institution is being used by the for19 eign financial institution to provide significant financial 

20 services indirectly to any person, foreign government, or 

21 financial institution designated under section 104, the 

22 United States financial institution shall ensure that such 

23 correspondent account is no longer used to provide such 

24 services. 


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1 ‘‘(b) EXCEPTION.—A United States financial institu2 tion is authorized to process transfers of funds to or from 

3 North Korea, or for the direct or indirect benefit of any 

4 person, foreign government, or financial institution that 

5 is designated under section 104, only if the transfer— 

6 ‘‘(1) arises from, and is ordinarily incident and 

7 necessary to give effect to, an underlying transaction 

8 that has been authorized by a specific or general li9 cense issued by the Secretary of the Treasury; and 

10 ‘‘(2) does not involve debiting or crediting a 

11 North Korean account. 

12 ‘‘(c) DEFINITIONS.—In this section: 

13 ‘‘(1) CORRESPONDENT ACCOUNT.—The term 

14 ‘correspondent account’ has the meaning given that 

15 term in section 5318A of title 31, United States 

16 Code. 

17 ‘‘(2) UNITED STATES FINANCIAL INSTITU18 TION.—The term ‘United States financial institu19 tion’ means has the meaning given that term in sec20 tion 510.310 of title 31, Code of Federal Regula21 tions, as in effect on the date of the enactment of 

22 this section. 

23 ‘‘(3) FOREIGN FINANCIAL INSTITUTION.—The 

24 term ‘foreign financial institution’ has the meaning 

25 given that term in section 1010.605 of title 31, Code 


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1 of Federal Regulations, as in effect on the date of 

2 the enactment of this section.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of the North Korea Sanctions and Policy 

5 Enhancement Act of 2016 is amended by inserting after 

6 the item relating to section 201 the following new item: 

‘‘Sec. 201A. Prohibition on indirect correspondent accounts.’’. 

7 SEC. 103. LIMITATIONS ON FOREIGN ASSISTANCE TO NON8 COMPLIANT GOVERNMENTS. 

9 Section 203 of the North Korea Sanctions and Policy 

10 Enhancement Act of 2016 (22 U.S.C. 9223) is amended— 

11 (1) in subsection (b)— 

12 (A) in the heading, by striking ‘‘TRANS13 ACTIONS IN LETHAL MILITARY EQUIPMENT’’ 

14 and inserting ‘‘TRANSACTIONS IN DEFENSE

15 ARTICLES OR DEFENSE SERVICES’’; 

16 (B) in paragraph (1), by striking ‘‘that 

17 provides lethal military equipment to the Gov18 ernment of North Korea’’ and inserting ‘‘that 

19 provides to or receives from the Government of 

20 North Korea a defense article or defense serv21 ice, as such terms are defined in section 47 of 

22 the Arms Export Control Act (22 U.S.C. 2794), 

23 if the President determines that a significant 

24 type or amount of such article or service has 

25 been so provided or received’’; and 


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1 (C) in paragraph (2), by striking ‘‘1 year’’ 

2 and inserting ‘‘2 years’’; 

3 (2) in subsection (d), by striking ‘‘or emer4 gency’’ and inserting ‘‘maternal and child health, 

5 disease prevention and response, or’’; and 

6 (3) by adding at the end the following new sub7 section: 

8 ‘‘(e) REPORT ON ARMS TRAFFICKING INVOLVING

9 NORTH KOREA.— 

10 ‘‘(1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this subsection, 

12 and annually thereafter for 5 years, the Secretary of 

13 State shall submit to the appropriate congressional 

14 committees a report that specifically describes the 

15 compliance of foreign countries and other foreign ju16 risdictions with the requirement to curtail the trade 

17 described in subsection (b)(1). 

18 ‘‘(2) FORM.—The report required under para19 graph (1) shall be submitted in unclassified form but 

20 may contain a classified annex.’’. 

21 SEC. 104. AMENDMENTS TO ENHANCE INSPECTION AU22 THORITIES. 

23 Title II of the North Korea Sanctions and Policy En24 hancement Act of 2016 (22 U.S.C. 9221 et seq.), as 


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1 amended by section 102 of this Act, is further amended 

2 by striking section 205 and inserting the following: 

3 ‘‘SEC. 205. ENHANCED INSPECTION AUTHORITIES. 

4 ‘‘(a) REPORT REQUIRED.— 

5 ‘‘(1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this section, and 

7 annually thereafter for 5 years, the President shall 

8 submit to the appropriate congressional committees 

9 a report— 

10 ‘‘(A) identifying the operators of foreign 

11 sea ports and airports that knowingly— 

12 ‘‘(i) significantly fail to implement or 

13 enforce regulations to inspect ships, air14 craft, cargo, or conveyances in transit to or 

15 from North Korea, as required by applica16 ble United Nations Security Council reso17 lutions; 

18 ‘‘(ii) facilitate the transfer, trans19 shipment, or conveyance of significant 

20 types or quantities of cargo, vessels, or air21 craft owned or controlled by persons des22 ignated under applicable United Nations 

23 Security Council resolutions; or 

24 ‘‘(iii) facilitate any of the activities de25 scribed in section 104(a); 


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1 ‘‘(B) describing the extent to which the re2 quirements of applicable United Nations Secu3 rity Council resolutions to de-register any vessel 

4 owned, controlled, or operated by or on behalf 

5 of the Government of North Korea have been 

6 implemented by other foreign countries; 

7 ‘‘(C) describing the compliance of the Is8 lamic Republic of Iran with the sanctions man9 dated in applicable United Nations Security 

10 Council resolutions; 

11 ‘‘(D) identifying vessels, aircraft, and con12 veyances owned or controlled by the Reconnais13 sance General Bureau of the Workers’ Party of 

14 Korea; and 

15 ‘‘(E) describing the diplomatic and en16 forcement efforts by the President to secure the 

17 full implementation of the applicable United 

18 Nations Security Council resolutions, as de19 scribed in subparagraphs (A) through (C). 

20 ‘‘(2) FORM.—The report required under para21 graph (1) shall be submitted in unclassified form but 

22 may contain a classified annex. 

23 ‘‘(b) SPECIFIC FINDINGS.—Each report required 

24 under subsection (a) shall include specific findings with 

25 respect to the following ports and airports: 


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1 ‘‘(1) The ports of Dandong, Dalian, and any 

2 other port in the People’s Republic of China that the 

3 President deems appropriate. 

4 ‘‘(2) The ports of Abadan, Bandar-e-Abbas, 

5 Chabahar, Bandar-e-Khomeini, Bushehr Port, 

6 Asaluyeh Port, Kish, Kharg Island, Bandar-e-Lenge, 

7 and Khorramshahr, and Tehran Imam Khomeini 

8 International Airport, in the Islamic Republic of 

9 Iran. 

10 ‘‘(3) The ports of Nakhodka, Vanino, and Vlad11 ivostok, in the Russian Federation. 

12 ‘‘(4) The ports of Latakia, Banias, and 

13 Tartous, and Damascus International Airport, in the 

14 Syrian Arab Republic. 

15 ‘‘(c) ENHANCED SECURITY TARGETING REQUIRE16 MENTS.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary of Homeland Security may, 

19 using a layered approach, require enhanced screen20 ing procedures to determine whether physical inspec21 tions are warranted of any cargo bound for or land22 ed in the United States that— 

23 ‘‘(A) has been transported through a sea 

24 port or airport the operator of which has been 

25 identified by the President in accordance with 


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1 subsection (a)(1) as having repeatedly failed to 

2 comply with applicable United Nations Security 

3 Council resolutions; 

4 ‘‘(B) is aboard a vessel or aircraft, or with5 in a conveyance that has, within the last 365 

6 days, entered the territory or waters of North 

7 Korea, or landed in any of the sea ports or air8 ports of North Korea; or 

9 ‘‘(C) is registered by a country or jurisdic10 tion whose compliance has been identified by 

11 the President as deficient pursuant to sub12 section (a)(2). 

13 ‘‘(2) EXCEPTION FOR FOOD, MEDICINE, AND

14 HUMANITARIAN SHIPMENTS.—Paragraph (1) shall 

15 not apply to any vessel, aircraft, or conveyance that 

16 has entered the territory or waters of North Korea, 

17 or landed in any of the sea ports or airports of 

18 North Korea, exclusively for the purposes described 

19 in section 208(b)(3)(B), or to import food, medicine, 

20 or supplies into North Korea to meet the humani21 tarian needs of the North Korean people. 

22 ‘‘(d) SEIZURE AND FORFEITURE.—A vessel, aircraft, 

23 or conveyance used to facilitate any of the activities de24 scribed in section 104(a) under the jurisdiction of the 


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1 United States may be seized and forfeited, or subject to 

2 forfeiture, under— 

3 ‘‘(1) chapter 46 of title 18, United States Code; 

4 or 

5 ‘‘(2) part V of title IV of the Tariff Act of 1930 

6 (19 U.S.C. 1581 et seq.).’’. 

7 SEC. 105. ENFORCING COMPLIANCE WITH UNITED NATIONS 

8 SHIPPING SANCTIONS AGAINST NORTH 

9 KOREA. 

10 (a) IN GENERAL.—The Ports and Waterways Safety 

11 Act (33 U.S.C. 1221 et seq.) is amended by adding at 

12 the end the following new section: 

13 ‘‘SEC. 16. PROHIBITION ON ENTRY AND OPERATION. 

14 ‘‘(a) PROHIBITION.— 

15 ‘‘(1) IN GENERAL.—Except as otherwise pro16 vided in this section, no vessel described in sub17 section (b) may enter or operate in the navigable 

18 waters of the United States or transfer cargo in any 

19 port or place under the jurisdiction of the United 

20 States. 

21 ‘‘(2) LIMITATIONS ON APPLICATION.— 

22 ‘‘(A) IN GENERAL.—The prohibition under 

23 paragraph (1) shall not apply with respect to— 


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1 ‘‘(i) a vessel described in subsection 

2 (b)(1), if the Secretary of State determines 

3 that— 

4 ‘‘(I) the vessel is owned or oper5 ated by or on behalf of a country the 

6 government of which the Secretary of 

7 State determines is closely cooperating 

8 with the United States with respect to 

9 implementing the applicable United 

10 Nations Security Council resolutions 

11 (as such term is defined in section 3 

12 of the North Korea Sanctions and 

13 Policy Enhancement Act of 2016); or 

14 ‘‘(II) it is in the national security 

15 interest not to apply the prohibition to 

16 such vessel; or 

17 ‘‘(ii) a vessel described in subsection 

18 (b)(2), if the Secretary of State determines 

19 that the vessel is no longer registered as 

20 described in that subsection. 

21 ‘‘(B) NOTICE.—Not later than 15 days 

22 after making a determination under subpara23 graph (A), the Secretary of State shall submit 

24 to the Committee on Foreign Affairs and the 

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1 ture of the House of Representatives and the 

2 Committee on Foreign Relations and the Com3 mittee on Commerce, Science, and Transpor4 tation of the Senate written notice of the deter5 mination and the basis upon which the deter6 mination was made. 

7 ‘‘(C) PUBLICATION.—The Secretary of 

8 State shall publish a notice in the Federal Reg9 ister of each determination made under sub10 paragraph (A). 

11 ‘‘(b) VESSELS DESCRIBED.—A vessel referred to in 

12 subsection (a) is a foreign vessel for which a notice of ar13 rival is required to be filed under section 4(a)(5), and 

14 that— 

15 ‘‘(1) is on the most recent list of vessels pub16 lished in Federal Register under subsection (c)(2); 

17 or 

18 ‘‘(2) more than 180 days after the publication 

19 of such list, is knowingly registered, pursuant to the 

20 1958 Convention on the High Seas entered into 

21 force on September 30, 1962, by a government the 

22 agents or instrumentalities of which are maintaining 

23 a registration of a vessel that is included on such 

24 list. 


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1 ‘‘(c) INFORMATION AND PUBLICATION.—The Sec2 retary of the department in which the Coast Guard is op3 erating, with the concurrence of the Secretary of State, 

4 shall— 

5 ‘‘(1) maintain timely information on the reg6 istrations of all foreign vessels over 300 gross tons 

7 that are known to be— 

8 ‘‘(A) owned or operated by or on behalf of 

9 the Government of North Korea or a North Ko10 rean person; 

11 ‘‘(B) owned or operated by or on behalf of 

12 any country in which a sea port is located, the 

13 operator of which the President has identified 

14 in the most recent report submitted under sec15 tion 205(a)(1)(A) of the North Korea Sanctions 

16 and Policy Enhancement Act of 2016; or 

17 ‘‘(C) owned or operated by or on behalf of 

18 any country identified by the President as a 

19 country that has not complied with the applica20 ble United Nations Security Council resolutions 

21 (as such term is defined in section 3 of such 

22 Act); and 

23 ‘‘(2) not later than 180 days after the date of 

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1 after, publish in the Federal Register a list of the 

2 vessels described in paragraph (1). 

3 ‘‘(d) NOTIFICATION OF GOVERNMENTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary of State 

5 shall notify each government, the agents or instru6 mentalities of which are maintaining a registration 

7 of a foreign vessel that is included on a list pub8 lished under subsection (c)(2), not later than 30 

9 days after such publication, that all vessels reg10 istered under such government’s authority are sub11 ject to subsection (a). 

12 ‘‘(2) ADDITIONAL NOTIFICATION.—In the case 

13 of a government that continues to maintain a reg14 istration for a vessel that is included on such list 

15 after receiving an initial notification under para16 graph (1), the Secretary shall issue an additional no17 tification to such government not later than 120 

18 days after the publication of a list under subsection 

19 (c)(2). 

20 ‘‘(e) NOTIFICATION OF VESSELS.—Upon receiving a 

21 notice of arrival under section 4(a)(5) from a vessel de22 scribed in subsection (b), the Secretary of the department 

23 in which the Coast Guard is operating shall notify the 

24 master of such vessel that the vessel may not enter or op25 erate in the navigable waters of the United States or 


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1 transfer cargo in any port or place under the jurisdiction 

2 of the United States, unless— 

3 ‘‘(1) the Secretary of State has made a deter4 mination under subsection (a)(2); or 

5 ‘‘(2) the Secretary of the department in which 

6 the Coast Guard is operating allows provisional 

7 entry of the vessel, or transfer of cargo from the ves8 sel, under subsection (f). 

9 ‘‘(f) PROVISIONAL ENTRY OR CARGO TRANSFER.— 

10 Notwithstanding any other provision of this section, the 

11 Secretary of the department in which the Coast Guard is 

12 operating may allow provisional entry of, or transfer of 

13 cargo from, a vessel, if such entry or transfer is necessary 

14 for the safety of the vessel or persons aboard. 

15 ‘‘(g) RIGHT OF INNOCENT PASSAGE AND RIGHT OF

16 TRANSIT PASSAGE.—This section shall not be construed 

17 as authority to restrict the right of innocent passage or 

18 the right of transit passage as recognized under inter19 national law. 

20 ‘‘(h) FOREIGN VESSEL DEFINED.—In this section, 

21 the term ‘foreign vessel’ has the meaning given that term 

22 in section 110 of title 46, United States Code.’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) SPECIAL POWERS.—Section 4(b)(2) of the 

25 Ports and Waterways Safety Act (33 U.S.C. 


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1 1223(b)(2)) is amended by inserting ‘‘or 16’’ after 

2 ‘‘section 9’’. 

3 (2) DENIAL OF ENTRY.—Section 13(e) of the 

4 Ports and Waterways Safety Act (33 U.S.C. 

5 1232(e)) is amended by striking ‘‘section 9’’ and in6 serting ‘‘section 9 or 16’’. 

7 SEC. 106. REPORT ON COOPERATION BETWEEN NORTH 

8 KOREA AND IRAN. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, and annually thereafter 

11 for 5 years, the President shall submit to the appropriate 

12 congressional committees a report that includes— 

13 (1) an assessment of the extent of cooperation 

14 (including through the transfer of goods, services, 

15 technology, or intellectual property) between North 

16 Korea and Iran relating to their respective nuclear, 

17 ballistic missile development, chemical or biological 

18 weapons development, or conventional weapons pro19 grams; 

20 (2) the names of any Iranian or North Korean 

21 persons that have knowingly engaged in or di22 rected— 

23 (A) the provision of material support to 

24 such programs; or 


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1 (B) the exchange of information between 

2 North Korea and Iran with respect to such pro3 grams; 

4 (3) the names of any other foreign persons that 

5 have facilitated the activities described in paragraph 

6 (1); and 

7 (4) a determination whether any of the activi8 ties described in paragraphs (1) and (2) violate 

9 United Nations Security Council Resolution 2231 

10 (2015). 

11 (b) FORM.—The report required under subsection (a) 

12 shall be submitted in unclassified form but may contain 

13 a classified annex. 

14 SEC. 107. REPORT ON IMPLEMENTATION OF UNITED NA15 TIONS SECURITY COUNCIL RESOLUTIONS BY 

16 OTHER GOVERNMENTS. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, and annually thereafter 

19 for 5 years, the President shall submit to the appropriate 

20 congressional committees a report that evaluates the de21 gree to which the governments of other countries have 

22 knowingly failed to— 

23 (1) close the representative offices of persons 

24 designated under applicable United Nations Security 

25 Council resolutions; 


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1 (2) expel any North Korean nationals, including 

2 diplomats, working on behalf of such persons; 

3 (3) prohibit the opening of new branches, sub4 sidiaries, or representative offices of North Korean 

5 financial institutions within the jurisdictions of such 

6 governments; or 

7 (4) expel any representatives of North Korean 

8 financial institutions. 

9 (b) FORM.—The report required under subsection (a) 

10 shall be submitted in unclassified form but may contain 

11 a classified annex. 

12 SEC. 108. BRIEFING ON MEASURES TO DENY SPECIALIZED 

13 FINANCIAL MESSAGING SERVICES TO DES14 IGNATED NORTH KOREAN FINANCIAL INSTI15 TUTIONS. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of the enactment of this Act, and every 180 days 

18 thereafter for 5 years, the President shall provide to the 

19 appropriate congressional committees a briefing that in20 cludes the following information: 

21 (1) A list of each person or foreign government 

22 the President has identified that directly provides 

23 specialized financial messaging services to, or en24 ables or facilitates direct or indirect access to such 

25 messaging services for— 


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1 (A) any North Korean financial institution 

2 (as such term is defined in section 3 of the 

3 North Korea Sanctions and Policy Enhance4 ment Act of 2016 (22 U.S.C. 9202)) designated 

5 under an applicable United Nations Security 

6 Council resolution; or 

7 (B) any other North Korean person, on be8 half of such a North Korean financial institu9 tion. 

10 (2) A detailed assessment of the status of ef11 forts by the Secretary of the Treasury to work with 

12 the relevant authorities in the home jurisdictions of 

13 such specialized financial messaging providers to end 

14 such provision or access. 

15 (b) FORM.—The briefing required under subsection 

16 (a) may be classified. 

17 TITLE II—SANCTIONS WITH RE18 SPECT TO HUMAN RIGHTS 

19 ABUSES BY THE GOVERN20 MENT OF NORTH KOREA 

21 SEC. 201. SANCTIONS FOR FORCED LABOR AND SLAVERY 

22 OVERSEAS OF NORTH KOREANS. 

23 (a) SANCTIONS FOR TRAFFICKING IN PERSONS.— 


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1 (1) IN GENERAL.—Section 302(b) of the North 

2 Korea Sanctions and Policy Enhancement Act of 

3 2016 (22 U.S.C. 9241(b)) is amended— 

4 (A) in paragraph (1), by striking ‘‘and’’ at 

5 the end; 

6 (B) in paragraph (2), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) a list of foreign persons that knowingly 

11 employ North Korean laborers, as described in sec12 tion 104(b)(1)(M).’’. 

13 (2) ADDITIONAL DETERMINATIONS; RE14 PORTS.—With respect to any country identified in 

15 section 302(b)(2) of the North Korea Sanctions and 

16 Policy Enhancement Act of 2016 (22 U.S.C. 

17 9241(b)(2)), as amended by paragraph (1), the re18 port required under section 302(a) of such Act 

19 shall— 

20 (A) include a determination whether each 

21 person identified in section 302(b)(3) of such 

22 Act (as amended by paragraph (1)) who is a 

23 national or a citizen of such identified country 

24 meets the criteria for sanctions under— 


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1 (i) section 111 of the Trafficking Vic2 tims Protection Act of 2000 (22 U.S.C. 

3 7108) (relating to the prevention of traf4 ficking in persons); or 

5 (ii) section 104(a) or 104(b)(1) of the 

6 North Korea Sanctions and Policy En7 hancement Act of 2016 (22 U.S.C. 

8 9214(a)), as amended by section 101 of 

9 this Act; 

10 (B) be included in the report required 

11 under section 110(b) of the Trafficking Victims 

12 Protection Act of 2000 (22 U.S.C. 7107(b)) 

13 (relating to the annual report on trafficking in 

14 persons); and 

15 (C) be considered in any determination 

16 that the government of such country has made 

17 serious and sustained efforts to eliminate severe 

18 forms of trafficking in persons, as such term is 

19 defined for purposes of the Trafficking Victims 

20 Protection Act of 2000. 

21 (b) SANCTIONS ON FOREIGN PERSONS THAT EM22 PLOY NORTH KOREAN LABOR.— 

23 (1) IN GENERAL.—Title III of the North Korea 

24 Sanctions and Policy Enhancement Act of 2016 (22 


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1 U.S.C. 9241 et seq.) is amended by inserting after 

2 section 302 the following new sections: 

3 ‘‘SEC. 302A. REBUTTABLE PRESUMPTION APPLICABLE TO 

4 GOODS MADE WITH NORTH KOREAN LABOR. 

5 ‘‘(a) IN GENERAL.—Except as provided in subsection 

6 (b), any significant goods, wares, articles, and merchan7 dise mined, produced, or manufactured wholly or in part 

8 by the labor of North Korean nationals or citizens shall 

9 be deemed to be prohibited under section 307 of the Tariff 

10 Act of 1930 (19 U.S.C. 1307) and shall not be entitled 

11 to entry at any of the ports of the United States. 

12 ‘‘(b) EXCEPTION.—The prohibition described in sub13 section (a) shall not apply if the Commissioner of U.S. 

14 Customs and Border Protection finds, by clear and con15 vincing evidence, that the goods, wares, articles, or mer16 chandise described in such paragraph were not produced 

17 with convict labor, forced labor, or indentured labor under 

18 penal sanctions. 

19 ‘‘SEC. 302B. SANCTIONS ON FOREIGN PERSONS EMPLOYING 

20 NORTH KOREAN LABOR. 

21 ‘‘(a) IN GENERAL.—Except as provided in subsection 

22 (c), the President shall designate any person identified 

23 under section 302(b)(3) for the imposition of sanctions 

24 under subsection (b). 

25 ‘‘(b) IMPOSITION OF SANCTIONS.— 


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1 ‘‘(1) IN GENERAL.—The President shall impose 

2 the sanctions described in paragraph (2) with re3 spect to any person designated under subsection (a). 

4 ‘‘(2) SANCTIONS DESCRIBED.—The sanctions 

5 described in this paragraph are sanctions pursuant 

6 to the International Emergency Economic Powers 

7 Act (50 U.S.C. 1701 et seq.) to block and prohibit 

8 all transactions in property and interests in property 

9 of a person designated under subsection (a), if such 

10 property and interests in property are in the United 

11 States, come within the United States, or are or 

12 come within the possession or control of a United 

13 States person. 

14 ‘‘(c) EXCEPTION.— 

15 ‘‘(1) IN GENERAL.—A person may not be des16 ignated under subsection (a) if the President cer17 tifies to the appropriate congressional committees 

18 that the President has received reliable assurances 

19 from such person that— 

20 ‘‘(A) the employment of North Korean la21 borers does not result in the direct or indirect 

22 transfer of convertible currency, luxury goods, 

23 or other stores of value to the Government of 

24 North Korea; 


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1 ‘‘(B) all wages and benefits are provided 

2 directly to the laborers, and are held, as appli3 cable, in accounts within the jurisdiction in 

4 which they reside in locally denominated cur5 rency; and 

6 ‘‘(C) the laborers are subject to working 

7 conditions consistent with international stand8 ards. 

9 ‘‘(2) RECERTIFICATION.—Not later than 180 

10 days after the date on which the President transmits 

11 to the appropriate congressional committees an ini12 tial certification under paragraph (1), and every 180 

13 days thereafter, the President shall— 

14 ‘‘(A) transmit a recertification stating that 

15 the conditions described in such paragraph con16 tinue to be met; or 

17 ‘‘(B) if such recertification cannot be 

18 transmitted, impose the sanctions described in 

19 subsection (b) beginning on the date on which 

20 the President determines that such recertifi21 cation cannot be transmitted.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents in section 1(b) of the North Korea Sanctions 

24 and Policy Enhancement Act of 2016 is amended by 


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1 inserting after the item relating to section 302 the 

2 following new items: 

‘‘Sec. 302A. Rebuttable presumption applicable to goods made with North Korean labor. 

‘‘Sec. 302B. Sanctions on foreign persons employing North Korean labor.’’. 

3 SEC. 202. MODIFICATIONS TO SANCTIONS SUSPENSION AND 

4 WAIVER AUTHORITIES. 

5 (a) EXEMPTIONS.—Section 208(a) of the North 

6 Korea Sanctions and Policy Enhancement Act of 2016 (22 

7 U.S.C. 9228(a)) is amended in the matter preceding para8 graph (1)— 

9 (1) by inserting ‘‘201A,’’ after ‘‘104,’’; and 

10 (2) by inserting ‘‘302A, 302B,’’ after ‘‘209,’’. 

11 (b) HUMANITARIAN WAIVER.—Section 208(b) of the 

12 North Korea Sanctions and Policy Enhancement Act of 

13 2016 (22 U.S.C. 9228(b)(1)) is amended— 

14 (1) by inserting ‘‘201A,’’ after ‘‘104,’’ in each 

15 place it appears; and 

16 (2) by inserting ‘‘302A, 302B,’’ after ‘‘209(b),’’ 

17 in each place it appears. 

18 (c) WAIVER.—Section 208(c) of the North Korea 

19 Sanctions and Policy Enhancement Act of 2016 (22 

20 U.S.C. 9228(c)) is amended in the matter preceding para21 graph (1)— 

22 (1) by inserting ‘‘201A,’’ after ‘‘104,’’; and 

23 (2) by inserting ‘‘302A, 302B,’’ after 

24 ‘‘209(b),’’. 


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1 SEC. 203. REWARD FOR INFORMANTS. 

2 Section 36(b) of the State Department Basic Au3 thorities Act of 1956 (22 U.S.C. 2708(b)), is amended— 

4 (1) in paragraph (9), by striking ‘‘or’’ at the 

5 end; 

6 (2) in paragraph (10), by striking the period at 

7 the end and inserting a semicolon; and 

8 (3) by adding at the end the following new 

9 paragraphs: 

10 ‘‘(11) the identification or location of any per11 son who, while acting at the direction of or under 

12 the control of a foreign government, aids or abets a 

13 violation of section 1030 of title 18, United States 

14 Code; or 

15 ‘‘(12) the disruption of financial mechanisms of 

16 any person who has engaged in the conduct de17 scribed in sections 104(a) or 104(b)(1) of the North 

18 Korea Sanctions and Policy Enhancement Act of 

19 2016 (22 U.S.C. 2914(a) or (b)(1)).’’. 

20 SEC. 204. DETERMINATION ON DESIGNATION OF NORTH 

21 KOREA AS A STATE SPONSOR OF TERRORISM. 

22 (a) DETERMINATION.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date of the enactment of this Act, the Secretary 

25 of State shall submit to the appropriate congres26 sional committees a determination whether North 


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1 Korea meets the criteria for designation as a state 

2 sponsor of terrorism. 

3 (2) FORM.—The determination required by 

4 paragraph (1) shall be submitted in unclassified 

5 form but may include a classified annex, if appro6 priate. 

7 (b) STATE SPONSOR OF TERRORISM DEFINED.—For 

8 purposes of this section, the term ‘‘state sponsor of ter9 rorism’’ means a country the government of which the 

10 Secretary of State has determined, for purposes of section 

11 6(j) of the Export Administration Act of 1979 (50 U.S.C. 

12 4605(j)) (as in effect pursuant to the International Emer13 gency Economic Powers Act), section 620A of the Foreign 

14 Assistance Act of 1961 (22 U.S.C. 2371), section 40 of 

15 the Arms Export Control Act (22 U.S.C. 2780), or any 

16 other provision of law, is a government that has repeatedly 

17 provided support for acts of international terrorism. 

18 TITLE III—GENERAL 

19 AUTHORITIES 

20 SEC. 301. AUTHORITY TO CONSOLIDATE REPORTS. 

21 Any reports required to be submitted to the appro22 priate congressional committees under this Act or any 

23 amendment made by this Act that are subject to deadlines 

24 for submission consisting of similar units of time may be 

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1 propriate congressional committees pursuant to the earlier 

2 of such deadlines. The consolidated reports must contain 

3 all information required under this Act or any amendment 

4 made by this Act, in addition to all other elements man5 dated by previous law. 

6 SEC. 302. RULE OF CONSTRUCTION. 

7 Nothing in this Act shall be construed to limit— 

8 (1) the authority or obligation of the President 

9 to apply the sanctions described in section 104 of 

10 the North Korea Sanctions and Policy Enhancement 

11 Act of 2016 (22 U.S.C. 9214), as amended by sec12 tion 101 of this Act, with regard to persons who 

13 meet the criteria for designation under such section, 

14 or in any other provision of law; or 

15 (2) the authorities of the President pursuant to 

16 the International Emergency Economic Powers Act 

17 (50 U.S.C. 1701 et seq.). 

18 SEC. 303. REGULATORY AUTHORITY. 

19 (a) IN GENERAL.—The President shall, not later 

20 than 180 days after the date of the enactment of this Act, 

21 promulgate regulations as necessary for the implementa22 tion of this Act and the amendments made by this Act. 

23 (b) NOTIFICATION TO CONGRESS.—Not fewer than 

24 10 days before the promulgation of a regulation under 

25 subsection (a), the President shall notify and provide to 


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1 the appropriate congressional committees the proposed 

2 regulation, specifying the provisions of this Act or the 

3 amendments made by this Act that the regulation is imple4 menting. 

5 SEC. 304. LIMITATION ON FUNDS. 

6 No additional funds are authorized to carry out the 

7 requirements of this Act or of the amendments made by 

8 this Act. Such requirements shall be carried out using 

9 amounts otherwise authorized. 

Passed the House of Representatives May 4, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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