I 

115TH CONGRESS 

1ST SESSION H. R. 1644 

To enhance sanctions with respect to transactions relating to North Korea, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2017 

Mr. ROYCE of California (for himself, Mr. ENGEL, Mr. YOHO, and Mr. SHERMAN) introduced the following bill; which was referred to the Committee 

on Foreign Affairs, and in addition to the Committees on Ways and 

Means, Financial Services, Transportation and Infrastructure, Oversight 

and Government Reform, and the Judiciary, 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 and Modernization of Sanctions Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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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. Briefing on measures to deny specialized financial messaging services 

to designated North Korean financial institutions. 

Sec. 103. Prohibition on indirect correspondent accounts. 

Sec. 104. Limitations on foreign assistance to noncompliant governments. 

Sec. 105. Amendments to enhance inspection authorities. 

Sec. 106. Enforcing compliance with United Nations shipping sanctions against 

North Korea. 

Sec. 107. Report on cooperation between North Korea and Iran. 

Sec. 108. Report on implementation of United Nations Security Council resolutions by other governments. 

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. Report 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. 

1 SEC. 3. DEFINITIONS. 

2 (a) AMENDMENTS TO DEFINITIONS IN THE NORTH

3 KOREA SANCTIONS AND POLICY ENHANCEMENT ACT OF

4 2016.— 

5 (1) APPLICABLE EXECUTIVE ORDER.—Section 

6 3(1)(A) of the North Korea Sanctions and Policy 

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

8 is amended— 

9 (A) by striking ‘‘or Executive Order 

10 13694’’ and inserting ‘‘Executive Order 

11 13694’’; and 


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1 (B) by inserting ‘‘or Executive Order 

2 13722 (50 U.S.C. 1701 note; relating to block3 ing the property of the Government of North 

4 Korea and the Workers’ Party of Korea, and 

5 Prohibiting Certain Transactions With Respect 

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

7 (2) APPLICABLE UNITED NATIONS SECURITY

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

9 North Korea Sanctions and Policy Enhancement Act 

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

11 striking ‘‘or 2094 (2013)’’ and inserting ‘‘, 2094 

12 (2013), 2270 (2016), or 2321 (2016)’’. 

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

14 Korea Sanctions and Policy Enhancement Act of 

15 2016 (22 U.S.C. 9202) is amended— 

16 (A) by redesignating paragraphs (5) 

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

18 respectively; and 

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

20 following new paragraph: 

21 ‘‘(5) FOREIGN PERSON.—The term ‘foreign per22 son’ means— 

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

24 States citizen or an alien lawfully admitted for 

25 permanent residence to the United States; or 


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

2 person.’’. 

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

4 3 of the North Korea Sanctions and Policy En5 hancement Act of 2016 (22 U.S.C. 9202), as redes6 ignated by paragraph (3), is amended— 

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

8 ‘‘and’’ at the end; 

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

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

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

12 subparagraph: 

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

14 under an applicable United Nations Security 

15 Council resolution.’’. 

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

17 North Korea Sanctions and Policy Enhancement Act 

18 of 2016 (22 U.S.C. 9202), as amended by para19 graph (3), is further amended— 

20 (A) by redesignating paragraphs (13) 

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

22 respectively; and 

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

24 following new paragraph: 


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

2 ‘North Korean person’ means— 

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

4 or 

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

6 Government of North Korea or by a North Ko7 rean citizen or national.’’. 

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

9 this Act: 

10 (1) APPLICABLE UNITED NATIONS SECURITY

11 COUNCIL RESOLUTION; LUXURY GOODS.—The terms 

12 ‘‘applicable United Nations Security Council resolu13 tion’’ and ‘‘luxury goods’’ have the meanings given 

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

15 Korea Sanctions and Policy Enhancement Act of 

16 2016 (22 U.S.C. 9202), as amended by subsection 

17 (a). 

18 (2) APPROPRIATE CONGRESSIONAL COMMIT19 TEES; GOVERNMENT OF NORTH KOREA; UNITED

20 STATES PERSON.—The terms ‘‘appropriate congres21 sional committees’’, ‘‘Government of North Korea’’, 

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

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

24 North Korea Sanctions and Policy Enhancement Act 

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


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1 (3) FOREIGN PERSON; NORTH KOREAN PER2 SON.—The terms ‘‘foreign person’’ and ‘‘North Ko3 rean person’’ have the meanings given those terms, 

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

5 section 3 of the North Korea Sanctions and Policy 

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

7 9202(13)), as added by subsection (a). 

8 (4) PROHIBITED WEAPONS PROGRAM.—The 

9 term ‘‘prohibited weapons program’’ means— 

10 (A) any program related to the develop11 ment of nuclear, chemical, or biological weap12 ons, and their means of delivery, including bal13 listic missiles; and 

14 (B) any program to develop any related 

15 materials with respect to a program described 

16 in subparagraph (A). 

17 TITLE I—SANCTIONS TO EN18 FORCE AND IMPLEMENT 

19 UNITED NATIONS SECURITY 

20 COUNCIL SANCTIONS 

21 AGAINST NORTH KOREA 

22 SEC. 101. MODIFICATION AND EXPANSION OF REQUIRE23 MENTS FOR THE DESIGNATION OF PERSONS. 

24 (a) EXPANSION OF MANDATORY DESIGNATIONS.— 

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


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1 Enhancement Act of 2016 (22 U.S.C. 9214(a)) is amend2 ed— 

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

4 end; 

5 (2) by redesignating paragraph (10) as para6 graph (15); 

7 (3) by inserting after paragraph (9) the fol8 lowing new paragraphs: 

9 ‘‘(10) knowingly, directly or indirectly, pur10 chases or otherwise acquires from North Korea any 

11 significant amounts of gold, titanium ore, vanadium 

12 ore, copper, silver, nickel, zinc, or rare earth min13 erals; 

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

15 transfers to North Korea any significant amounts of 

16 rocket, aviation, or jet fuel (except for use by a civil17 ian passenger aircraft outside North Korea, exclu18 sively for consumption during its flight to North 

19 Korea or its return flight); 

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

21 fuel, supplies, or bunkering services to, or facilitates 

22 any significant transactions involving, a vessel or 

23 aircraft that is designated under an applicable Exec24 utive order or an applicable United Nations Security 

25 Council resolution, or that is owned or controlled by 


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1 a person designated under an applicable Executive 

2 order or applicable United Nations Security Council 

3 resolution; 

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

5 registers, facilitates the registration of, or maintains 

6 insurance or a registration for, a vessel owned or 

7 controlled by the Government of North Korea, ex8 cept as specifically approved by the United Nations 

9 Security Council; 

10 ‘‘(14) knowingly, directly or indirectly, main11 tains a correspondent account (as defined in section 

12 201A(d)(1)) with any North Korean financial insti13 tution, except as specifically approved by the United 

14 Nations Security Council; or’’; and 

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

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

17 (b) EXPANSION OF ADDITIONAL DISCRETIONARY

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

19 Sanctions and Policy Enhancement Act of 2016 (22 

20 U.S.C. 9214(b)(1)) is amended— 

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

22 to an applicable United Nations Security Council 

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

24 to— 


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1 ‘‘(i) an applicable United Nations Se2 curity Council resolution; 

3 ‘‘(ii) any regulation promulgated 

4 under section 404; or 

5 ‘‘(iii) any applicable Executive 

6 order;’’; 

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

8 the end; 

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

10 at the end and inserting a semicolon; and 

11 (4) by adding at the end the following new sub12 paragraphs: 

13 ‘‘(D) knowingly, directly or indirectly, pur14 chased or otherwise acquired from the Govern15 ment of North Korea any coal, iron, or iron ore, 

16 in excess of the limitations provided in applica17 ble United Nations Security Council resolutions; 

18 ‘‘(E) knowingly, directly or indirectly, pur19 chased or otherwise acquired significant types 

20 or amounts of textiles from the Government of 

21 North Korea; 

22 ‘‘(F) knowingly facilitated any transfer of 

23 funds or property of the Government of North 

24 Korea that significantly contributes to any vioVerDate Sep 11 2014 00:58 Mar 23, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.IH H1644

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1 lation of an applicable United Nations Security 

2 Council resolution; 

3 ‘‘(G) knowingly, directly or indirectly, fa4 cilitated a significant transfer to or from the 

5 Government of North Korea of bulk cash, pre6 cious metals, gemstones, or other stores of 

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

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

9 transferred, or otherwise provided significant 

10 amounts of crude oil, condensates, refined pe11 troleum, or other types of petroleum or petro12 leum byproducts to the Government of North 

13 Korea (except for heavy fuel oil for humani14 tarian use or as excepted under subsection 

15 (a)(11)); 

16 ‘‘(I) knowingly, directly or indirectly, en17 gaged in, facilitated, or was responsible for the 

18 online commercial activities of the Government 

19 of North Korea, including online gambling; 

20 ‘‘(J) knowingly, directly or indirectly, pur21 chased or otherwise acquired fishing rights 

22 from the Government of North Korea; 

23 ‘‘(K) knowingly, directly or indirectly, pro24 vided significant telephonic, telegraphic, tele25 communications or other data services, in whole 


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

2 of services needed for humanitarian or diplo3 matic purposes (other than services that are ex4 cepted under section 203(b)(1) of the Inter5 national Emergency Economic Powers Act (50 

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

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

9 or amounts of food or agricultural products 

10 from the Government of North Korea; 

11 ‘‘(M) knowingly, directly or indirectly, en12 gaged in, facilitated, or was responsible for the 

13 exportation of workers from North Korea in a 

14 manner intended to generate revenue, directly 

15 or indirectly, for use by the Government of 

16 North Korea or by the Workers’ Party of 

17 Korea; 

18 ‘‘(N) knowingly operated in North Korea’s 

19 transportation, mining, energy, or financial 

20 services industries; or 

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

22 United Nations Security Council, and other 

23 than through a correspondent account as de24 scribed in subsection (a)(14), knowingly facili25 tated the operation of any branch, subsidiary, 


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1 or office of a North Korean financial institu2 tion.’’. 

3 (c) MANDATORY AND DISCRETIONARY ASSET

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

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

6 is amended— 

7 (1) by striking ‘‘of a designated person’’ and in8 serting ‘‘of a person designated under subsection 

9 (a)’’; 

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

11 the following: 

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

13 President’’; and 

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

15 paragraph: 

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

17 President may also exercise such powers, in the 

18 same manner and to the same extent described in 

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

20 under subsection (b).’’. 

21 (d) DESIGNATION OF ADDITIONAL PERSONS.— 

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

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

24 President shall submit to the appropriate congres25 sional committees a report including a determination 


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1 as to whether reasonable grounds exist, and an ex2 planation of the reasons for any determination that 

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

4 section 104 of the North Korea Sanctions and Policy 

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

6 amended by this section, each of the following: 

7 (A) The Korea Shipowners’ Protection and 

8 Indemnity Association, a North Korean insur9 ance company, with respect to facilitating im10 ports, exports, and reexports of arms and re11 lated materiel to and from North Korea, or for 

12 other activities prohibited by such section 104. 

13 (B) Chinpo Shipping Company (Private) 

14 Limited, a Singapore corporation, with respect 

15 to facilitating imports, exports, and reexports of 

16 arms and related materiel to and from North 

17 Korea. 

18 (C) The Central Bank of the Democratic 

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

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

21 import or export of gold by the Government of 

22 North Korea. 

23 (D) Kumgang Economic Development Cor24 poration (KKG), with respect to being an entity 


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1 controlled by Bureau 39 of the Workers’ Party 

2 of the Government of North Korea. 

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

4 and any entities owned or controlled by Sam 

5 Pa, with respect to transactions with KKG. 

6 (F) The Chamber of Commerce of the 

7 Democratic People’s Republic of Korea, with re8 spect to the exportation of workers in violation 

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

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

11 this section. 

12 (2) FORM.—The report submitted under para13 graph (1) may contain a classified annex. 

14 SEC. 102. BRIEFING ON MEASURES TO DENY SPECIALIZED 

15 FINANCIAL MESSAGING SERVICES TO DES16 IGNATED NORTH KOREAN FINANCIAL INSTI17 TUTIONS. 

18 Section 201 of the North Korea Sanctions and Policy 

19 Enhancement Act of 2016 (22 U.S.C. 9221) is amended 

20 by adding at the end the following new subsection: 

21 ‘‘(d) BRIEFING.— 

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

23 after the date of the enactment of this subsection, 

24 and every 180 days thereafter for 5 years, the Presi25 dent shall provide to the appropriate congressional 


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1 committees a briefing that includes the following in2 formation: 

3 ‘‘(A) A list of each person or foreign gov4 ernment the President has identified that di5 rectly provides specialized financial messaging 

6 services to, or enables or facilitates direct or in7 direct access to such messaging services for, 

8 any North Korean financial institution des9 ignated under an applicable United Nations Se10 curity Council resolution. 

11 ‘‘(B) A detailed assessment of the status of 

12 efforts by the Secretary of the Treasury to work 

13 with the relevant authorities in the home juris14 dictions of such specialized financial messaging 

15 providers to end such provision or access. 

16 ‘‘(2) FORM.—The briefing required under this 

17 subsection may be classified.’’. 

18 SEC. 103. PROHIBITION ON INDIRECT CORRESPONDENT 

19 ACCOUNTS. 

20 (a) IN GENERAL.—Title II of the North Korea Sanc21 tions and Policy Enhancement Act of 2016 (22 U.S.C. 

22 9221 et seq.) is amended by inserting after section 201 

23 (as amended by section 102 of this Act) the following new 

24 section: 


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

2 ACCOUNTS. 

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

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

5 knowledge that a correspondent account established, 

6 maintained, administered, or managed by that institution 

7 for a foreign financial institution is being used by the for8 eign financial institution to provide financial services indi9 rectly to any person, foreign government, or financial in10 stitution designated under section 104, the United States 

11 financial institution shall ensure that such correspondent 

12 account is no longer used to provide such services. 

13 ‘‘(b) EXCEPTION.—A United States financial institu14 tion is authorized to process transfers of funds to or from 

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

16 person, foreign government, or financial institution that 

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

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

19 necessary to give effect to, an underlying transaction 

20 that has been authorized by a specific or general li21 cense issued by the Secretary of the Treasury; and 

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

23 North Korean account. 

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

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

26 ‘correspondent account’ has the meaning given that 


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

2 Code. 

3 ‘‘(2) UNITED STATES FINANCIAL INSTITU4 TION.—The term ‘United States financial institu5 tion’ has the meaning given that term in section 

6 510.310 of title 31, Code of Federal Regulations, as 

7 in effect on the date of the enactment of this sec8 tion. 

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

10 term ‘foreign financial institution’ has the meaning 

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

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

13 the enactment of this section.’’. 

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

15 for the North Korea Sanctions and Policy Enhancement 

16 Act of 2016 is amended by inserting after the item relat17 ing to section 201 the following new item: 

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

18 SEC. 104. LIMITATIONS ON FOREIGN ASSISTANCE TO NON19 COMPLIANT GOVERNMENTS. 

20 Section 203 of the North Korea Sanctions and Policy 

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

22 (1) in subsection (b)— 

23 (A) in the heading, by striking ‘‘TRANS24 ACTIONS IN LETHAL MILITARY EQUIPMENT’’ 


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1 and inserting ‘‘TRANSACTIONS IN DEFENSE

2 ARTICLES OR DEFENSE SERVICES’’; 

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

4 provides lethal military equipment to the Gov5 ernment of North Korea’’ and inserting ‘‘that 

6 provides to or receives from the Government of 

7 North Korea any defense article or defense 

8 service, as such terms are defined in section 47 

9 of the Arms Export Control Act (22 U.S.C. 

10 2794)’’; and 

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

12 and inserting ‘‘2 years’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(e) REPORT ON ARMS TRAFFICKING INVOLVING

16 NORTH KOREA.— 

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

18 after the date of the enactment of this subsection, 

19 and every 180 days thereafter for 5 years, the Sec20 retary of State shall submit to the appropriate con21 gressional committees a report that specifically de22 scribes the compliance of foreign countries and other 

23 foreign jurisdictions with curtailing the trade de24 scribed in subsection (b)(1). 


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1 ‘‘(2) FORM.—The report required under para2 graph (1) shall be submitted in unclassified form but 

3 may contain a classified annex.’’. 

4 SEC. 105. AMENDMENTS TO ENHANCE INSPECTION AU5 THORITIES. 

6 Title II of the North Korea Sanctions and Policy En7 hancement Act of 2016 (22 U.S.C. 9221 et seq.), as 

8 amended by section 103 of this Act, is further amended 

9 by striking section 205 and inserting the following: 

10 ‘‘SEC. 205. ENHANCED INSPECTION AUTHORITIES. 

11 ‘‘(a) REPORT REQUIRED.— 

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

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

14 annually thereafter for 5 years, the President shall 

15 submit to the appropriate congressional committees 

16 a report— 

17 ‘‘(A) identifying the operators of foreign 

18 sea ports and airports that have— 

19 ‘‘(i) failed to implement or enforce 

20 regulations to inspect any ships, aircraft, 

21 cargo, or conveyances in transit to or from 

22 North Korea, as required by applicable 

23 United Nations Security Council resolu24 tions; 


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1 ‘‘(ii) facilitated the transfer, trans2 shipment, or conveyance of any cargo, ves3 sels, or aircraft owned or controlled by per4 sons designated under applicable United 

5 Nations Security Council resolutions; or 

6 ‘‘(iii) facilitated any of the activities 

7 described in section 104(a); 

8 ‘‘(B) describing the extent to which the re9 quirements of applicable United Nations Secu10 rity Council resolutions to de-register any vessel 

11 owned, controlled, or operated by the Govern12 ment of North Korea have been implemented by 

13 other foreign countries; 

14 ‘‘(C) describing the compliance of the Is15 lamic Republic of Iran with the sanctions man16 dated in applicable United Nations Security 

17 Council resolutions; 

18 ‘‘(D) identifying each vessel, aircraft, and 

19 conveyance that is owned or controlled by the 

20 Reconnaissance General Bureau of the Work21 ers’ Party of Korea; and 

22 ‘‘(E) describing the diplomatic and en23 forcement efforts by the President to secure the 

24 full implementation of the applicable United 


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1 Nations Security Council resolutions, as de2 scribed in subparagraphs (A) through (C). 

3 ‘‘(2) FORM.—The report required under para4 graph (1) shall be submitted in unclassified form but 

5 may contain a classified annex. 

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

7 under subsection (a) shall include specific findings with 

8 respect to the following ports and airports: 

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

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

11 President deems appropriate. 

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

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

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

15 and Khorramshahr, and Tehran Imam Khomeini 

16 International Airport, in the Islamic Republic of 

17 Iran. 

18 ‘‘(3) The ports of Nakhodka, Vanino, and Vlad19 ivostok, in the Russian Federation. 

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

21 Tartous, and Damascus International Airport, in the 

22 Syrian Arab Republic. 

23 ‘‘(c) ENHANCED SECURITY TARGETING REQUIRE24 MENTS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary of Homeland Security may, 

3 using the Automated Targeting System operated by 

4 the National Targeting Center of U.S. Customs and 

5 Border Protection, require enhanced screening pro6 cedures to determine whether physical inspections 

7 are warranted of any cargo bound for or landed in 

8 the United States that— 

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

10 port or airport the operator of which has been 

11 identified by the President in accordance with 

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

13 comply with applicable United Nations Security 

14 Council resolutions; 

15 ‘‘(B) is aboard a vessel or aircraft, or with16 in a conveyance that has, within the last 365 

17 days, entered the territory, waters, or airspace 

18 of North Korea, or landed in any of the sea 

19 ports or airports of North Korea; or 

20 ‘‘(C) is registered by a country or jurisdic21 tion whose compliance has been identified by 

22 the President as deficient pursuant to sub23 section (a)(2). 

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

25 HUMANITARIAN SHIPMENTS.—Paragraph (1) shall 


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

2 has entered the territory, waters, or airspace of 

3 North Korea, or landed in any of the sea ports or 

4 airports of North Korea, exclusively for the purposes 

5 described in section 208(b)(3)(B), or to import food, 

6 medicine, or supplies into North Korea to meet the 

7 humanitarian needs of the North Korean people. 

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

9 or conveyance used to facilitate any of the activities de10 scribed in section 104(a) under the jurisdiction of the 

11 United States may be seized and forfeited under— 

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

13 or 

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

15 (19 U.S.C. 1581 et seq.).’’. 

16 SEC. 106. ENFORCING COMPLIANCE WITH UNITED NATIONS 

17 SHIPPING SANCTIONS AGAINST NORTH 

18 KOREA. 

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

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

21 the end the following new section: 

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

23 ‘‘(a) PROHIBITION.— 

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1 section (b) may enter or operate in the navigable 

2 waters of the United States or transfer cargo in any 

3 port or place under the jurisdiction of the United 

4 States. 

5 ‘‘(2) LIMITATION ON APPLICATION.— 

6 ‘‘(A) DETERMINATION BY SECRETARY OF

7 STATE.—Paragraph (1) shall not apply with re8 spect to a vessel described in subsection (b)(2) 

9 if the Secretary of State determines that the 

10 vessel is no longer registered as described in 

11 that subsection. 

12 ‘‘(B) NOTICE.—The Secretary of State 

13 shall publish a notice in the Federal Register of 

14 each determination made under subparagraph 

15 (A). 

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

17 subsection (a) is a foreign vessel for which a notice of ar18 rival is required to be filed under section 4(a)(5), and 

19 that— 

20 ‘‘(1) is on the most recent list of vessels pub21 lished in Federal Register under subsection (c)(2); 

22 or 

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

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

25 1958 Convention on the High Seas entered into 


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

2 agents or instrumentalities of which are maintaining 

3 a registration of a vessel that is included on such 

4 list. 

5 ‘‘(c) INFORMATION AND PUBLICATION.—The Sec6 retary of the department in which the Coast Guard is op7 erating, in consultation with the Secretary of State, 

8 shall— 

9 ‘‘(1) maintain timely information on the reg10 istrations of all foreign vessels over 300 gross tons 

11 that are— 

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

13 the Government of North Korea or a North Ko14 rean person; 

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

16 any country in which a sea port or airport is lo17 cated, the operator of which the President has 

18 identified in the most recent report submitted 

19 under section 205(a)(1) of the North Korea 

20 Sanctions and Policy Enhancement Act of 

21 2016; or 

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

23 any country identified by the President as a 

24 country that has not complied with the applica25 ble United Nations Security Council resolutions 


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

2 Act); and 

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

4 the enactment of this section, and periodically there5 after, publish in the Federal Register a list of the 

6 vessels described in paragraph (1). 

7 ‘‘(d) NOTIFICATION OF GOVERNMENTS.— 

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

9 shall notify each government, the agents or instru10 mentalities of which are maintaining a registration 

11 of a foreign vessel that is included on a list pub12 lished under subsection (c)(2), not later than 30 

13 days after such publication, that all vessels reg14 istered under such government’s authority are sub15 ject to the prohibition under subsection (a). 

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

17 of a government that continues to maintain a reg18 istration for a vessel that is included on such list 

19 after receiving an initial notification under para20 graph (1), the Secretary shall issue an additional no21 tification to such government not later than 120 

22 days after the publication of a list under subsection 

23 (c)(2). 

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

25 notice of arrival under section 4(a)(5) from a vessel deVerDate Sep 11 2014 00:58 Mar 23, 2017 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.IH H1644

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1 scribed in subsection (b), the Secretary of the department 

2 in which the Coast Guard is operating shall notify the 

3 master of such vessel that the vessel may not enter or op4 erate in the navigable waters of the United States or 

5 transfer cargo in any port or place under the jurisdiction 

6 of the United States, unless— 

7 ‘‘(1) the Secretary of State has made a deter8 mination under subsection (a)(2); or 

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

10 the Coast Guard is operating allows provisional 

11 entry of the vessel, or transfer of cargo from the ves12 sel, under subsection (f). 

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

14 Notwithstanding any other provision of this section, the 

15 Secretary of the department in which the Coast Guard is 

16 operating may allow provisional entry of, or transfer of 

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

18 for the safety of the vessel or persons aboard. 

19 ‘‘(g) RIGHT OF INNOCENT PASSAGE.—This section 

20 shall not be construed as authority to restrict the right 

21 of innocent passage as recognized under international law. 

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

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

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

25 (b) CONFORMING AMENDMENTS.— 


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

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

3 1223(b)(2)) is amended by inserting ‘‘or 16’’ after 

4 ‘‘section 9’’. 

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

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

7 1232(e)) is amended by striking ‘‘section 9’’ and in8 serting ‘‘section 9 or 16’’. 

9 SEC. 107. REPORT ON COOPERATION BETWEEN NORTH 

10 KOREA AND IRAN. 

11 (a) IN GENERAL.—Not later than 90 days after the 

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

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

14 congressional committees a report that includes— 

15 (1) an assessment of the extent of cooperation 

16 (including through the transfer of goods, services, or 

17 technology) between North Korea and Iran relating 

18 to their respective nuclear, ballistic missile develop19 ment, chemical or biological weapons development, 

20 or conventional weapons programs; 

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

22 persons that have knowingly engaged in or di23 rected— 

24 (A) the provision of material support to 

25 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; and 

4 (3) a determination whether any of the activi5 ties described in paragraphs (1) and (2) violate 

6 United Nations Security Council Resolution 2231 

7 (2015). 

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

9 shall be submitted in unclassified form but may contain 

10 a classified annex. 

11 SEC. 108. REPORT ON IMPLEMENTATION OF UNITED NA12 TIONS SECURITY COUNCIL RESOLUTIONS BY 

13 OTHER GOVERNMENTS. 

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

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

16 thereafter for 5 years, the President shall submit to the 

17 appropriate congressional committees a report that evalu18 ates the degree to which the governments of other coun19 tries have knowingly failed to— 

20 (1) close the representative offices of persons 

21 designated under applicable United Nations Security 

22 Council resolutions; 

23 (2) expel any North Korean nationals, including 

24 diplomats, working on behalf of such persons; 


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1 (3) prohibit the opening of new branches, sub2 sidiaries, or representative offices of North Korean 

3 financial institutions within the jurisdictions of such 

4 governments; or 

5 (4) expel any representatives of North Korean 

6 financial institutions. 

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

8 shall be submitted in unclassified form but may contain 

9 a classified annex. 

10 TITLE II—SANCTIONS WITH RE11 SPECT TO HUMAN RIGHTS 

12 ABUSES BY THE GOVERN13 MENT OF NORTH KOREA 

14 SEC. 201. SANCTIONS FOR FORCED LABOR AND SLAVERY 

15 OVERSEAS OF NORTH KOREANS. 

16 (a) SANCTIONS FOR TRAFFICKING IN PERSONS.— 

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

18 Korea Sanctions and Policy Enhancement Act of 

19 2016 (22 U.S.C. 9241(b)) is amended— 

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

21 the end; 

22 (B) in paragraph (2), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

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

25 paragraph: 


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1 ‘‘(3) a list of foreign persons that employ North 

2 Korean laborers.’’. 

3 (2) ADDITIONAL DETERMINATIONS; RE4 PORTS.—With respect to any country identified in 

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

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

7 9241(b)(2)), as amended by paragraph (1), the re8 port required under section 302(a) of such Act 

9 shall— 

10 (A) include a determination whether each 

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

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

13 national or a citizen of such identified country 

14 meets the criteria for sanctions under— 

15 (i) section 111 of the Trafficking Vic16 tims Protection Act of 2000 (22 U.S.C. 

17 7108) (relating to the prevention of traf18 ficking in persons); or 

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

20 North Korea Sanctions and Policy En21 hancement Act of 2016 (22 U.S.C. 

22 9214(a)), as amended by section 101 of 

23 this Act; 

24 (B) be included in the report required 

25 under section 110(b) of the Trafficking Victims 


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

2 (relating to the annual report on trafficking in 

3 persons); and 

4 (C) be considered in any determination 

5 that the government of such country has made 

6 serious and sustained efforts to eliminate severe 

7 forms of trafficking in persons, as such term is 

8 defined for purposes of the Trafficking Victims 

9 Protection Act of 2000. 

10 (b) SANCTIONS ON FOREIGN PERSONS THAT EM11 PLOY NORTH KOREAN LABOR.— 

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

13 Sanctions and Policy Enhancement Act of 2016 (22 

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

15 section 302 the following new sections: 

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

17 GOODS MADE WITH NORTH KOREAN LABOR. 

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

19 (b), any goods, wares, articles, and merchandise mined, 

20 produced, or manufactured wholly or in part by the labor 

21 of North Korean nationals or citizens shall be deemed to 

22 be prohibited under section 307 of the Tariff Act of 1930 

23 (19 U.S.C. 1307) and shall not be entitled to entry at any 

24 of the ports of the United States. 


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1 ‘‘(b) EXCEPTION.—The prohibition described in sub2 section (a) shall not apply if the Commissioner of U.S. 

3 Customs and Border Protection finds, by clear and con4 vincing evidence, that the goods, wares, articles, or mer5 chandise described in such paragraph were not produced 

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

7 penal sanctions. 

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

9 NORTH KOREAN LABOR. 

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

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

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

13 under subsection (b). 

14 ‘‘(b) IMPOSITION OF SANCTIONS.— 

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

16 the sanctions described in paragraph (2) with re17 spect to any person designated under subsection (a). 

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

19 described in this paragraph are sanctions pursuant 

20 to the International Emergency Economic Powers 

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

22 all transactions in property and interests in property 

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

24 property and interests in property are in the United 

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


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1 come within the possession or control of a United 

2 States person. 

3 ‘‘(c) EXCEPTION.— 

4 ‘‘(1) IN GENERAL.—A person may not be des5 ignated under subsection (a) if the President cer6 tifies to the appropriate congressional committees 

7 that the President has received reliable assurances 

8 from such person that— 

9 ‘‘(A) the employment of North Korean la10 borers does not result in the direct or indirect 

11 transfer of convertible currency, luxury goods, 

12 or other stores of value to the Government of 

13 North Korea; 

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

15 directly to the laborers, and are held, as appli16 cable, in accounts within the jurisdiction in 

17 which they reside in locally denominated cur18 rency; and 

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

20 conditions consistent with international stand21 ards. 

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

23 days after the date on which the President transmits 

24 to the appropriate congressional committees an iniVerDate Sep 11 2014 00:58 Mar 23, 2017 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.IH H1644

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1 tial certification under paragraph (1), and every 180 

2 days thereafter, the President shall— 

3 ‘‘(A) transmit a recertification stating that 

4 the conditions described in such paragraph con5 tinue to be met; or 

6 ‘‘(B) if such recertification cannot be 

7 transmitted, impose the sanctions described in 

8 subsection (b) beginning on the date on which 

9 the President determines that such recertifi10 cation cannot be transmitted.’’. 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents for the North Korea Sanctions and Policy En13 hancement Act of 2016 is amended by inserting 

14 after the item relating to section 302 the following 

15 new items: 

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

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

16 SEC. 202. MODIFICATIONS TO SANCTIONS SUSPENSION AND 

17 WAIVER AUTHORITIES. 

18 (a) EXEMPTIONS, WAIVERS, AND REMOVALS OF

19 DESIGNATION.— 

20 (1) EXEMPTIONS.—Section 208(a) of the North 

21 Korea Sanctions and Policy Enhancement Act of 

22 2016 (22 U.S.C. 9228(a)) is amended in the matter 

23 preceding paragraph (1)— 


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

2 and 

3 (B) by inserting ‘‘302A, 302B,’’ after 

4 ‘‘209,’’. 

5 (2) HUMANITARIAN WAIVER.—Section 208(b) 

6 of the North Korea Sanctions and Policy Enhance7 ment Act of 2016 (22 U.S.C. 9228(b)(1)) is amend8 ed— 

9 (A) by inserting ‘‘201A,’’ after ‘‘104,’’ in 

10 each place it appears; and 

11 (B) by inserting ‘‘302A, 302B,’’ after 

12 ‘‘209(b),’’ in each place it appears. 

13 (3) WAIVER.—Section 208(c) of the North 

14 Korea Sanctions and Policy Enhancement Act of 

15 2016 (22 U.S.C. 9228(c)) is amended in the matter 

16 preceding paragraph (1)— 

17 (A) by inserting ‘‘201A,’’ after ‘‘104,’’; 

18 and 

19 (B) by inserting ‘‘302A, 302B,’’ after 

20 ‘‘209(b),’’. 

21 (b) SUPPORT FOR FAMILY REUNIFICATION FOR KO22 REAN-AMERICANS.—Section 402(2) of the North Korea 

23 Sanctions and Policy Enhancement Act of 2016 (22 

24 U.S.C. 9252(2)) is amended— 


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1 (1) in subparagraph (D), by striking ‘‘and’’ at 

2 the end; 

3 (2) in subparagraph (E), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(F) planning for unrestricted family re8 unification meetings, including for those indi9 viduals in the Korean-American community who 

10 maintain family ties with relatives in North 

11 Korea.’’. 

12 SEC. 203. REWARD FOR INFORMANTS. 

13 Section 36(b) of the State Department Basic Au14 thorities Act of 1956 (22 U.S.C. 2708(b)), is amended— 

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

16 end; 

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

18 the end and inserting a semicolon; and 

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

20 paragraphs: 

21 ‘‘(11) the identification or location of any per22 son who, while acting at the direction of or under 

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

24 violation of section 1030 of title 18, United States 

25 Code; or 


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

2 any person who has engaged in the conduct de3 scribed in section 104(a) or 104(b)(1) of the North 

4 Korea Sanctions and Policy Enhancement Act of 

5 2016 (22 U.S.C. 2914(a) or (b)(1)).’’. 

6 SEC. 204. REPORT ON DESIGNATION OF NORTH KOREA AS 

7 A STATE SPONSOR OF TERRORISM. 

8 (a) REPORT; DETERMINATION OR JUSTIFICATION.— 

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

10 the date of the enactment of this Act, the President 

11 shall submit to the appropriate congressional com12 mittees a report that includes a determination 

13 whether North Korea is a state sponsor of terrorism. 

14 (2) INCLUSION.—The report required by para15 graph (1) shall also be included in the first annual 

16 report under section 140 of the Foreign Relations 

17 Authorization Act, Fiscal Years 1988 and 1989 (22 

18 U.S.C. 2656f) submitted on or after the date of the 

19 enactment of this Act. 

20 (3) FORM.—The report required by paragraph 

21 (1) shall be submitted in unclassified form but may 

22 include a classified annex. 

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

24 purposes of this section, the term ‘‘state sponsor of ter25 rorism’’ means a country the government of which the 


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1 Secretary of State has determined, for purposes of section 

2 6(j) of the Export Administration Act of 1979 (50 U.S.C. 

3 4605(j)) (as in effect pursuant to the International Emer4 gency Economic Powers Act), section 620A of the Foreign 

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

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

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

8 provided support for acts of international terrorism. 

9 TITLE III—GENERAL 

10 AUTHORITIES 

11 SEC. 301. AUTHORITY TO CONSOLIDATE REPORTS. 

12 Any reports required to be submitted to the appro13 priate congressional committees under this Act or any 

14 amendment made by this Act that are subject to a dead15 line for submission consisting of the same unit of time may 

16 be consolidated into a single report that is submitted to 

17 appropriate congressional committees pursuant to such 

18 deadline. The consolidated reports must contain all infor19 mation required under this Act or any amendment made 

20 by this Act, in addition to all other elements mandated 

21 by previous law. 

22 SEC. 302. RULE OF CONSTRUCTION. 

23 Nothing in this Act shall be construed to limit the 

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1 tions and Policy Enhancement Act of 2016 (22 U.S.C. 

2 9214), as amended by section 101 of this Act, with regard 

3 to persons who meet the criteria for designation under 

4 such section. 

5 SEC. 303. REGULATORY AUTHORITY. 

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

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

8 promulgate regulations as necessary for the implementa9 tion of this Act and the amendments made by this Act. 

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

11 10 days before the promulgation of a regulation under 

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

13 the appropriate congressional committees the proposed 

14 regulation, specifying the provisions of this Act or the 

15 amendments made by this Act that the regulation is imple16 menting. 

17 SEC. 304. LIMITATION ON FUNDS. 

18 No additional funds are authorized to carry out the 

19 requirements of this Act or of the amendments made by 

20 this Act. Such requirements shall be carried out using 

21 amounts otherwise authorized. 

Æ 


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