II 

114TH CONGRESS 

1ST SESSION S. 1747 

To improve the enforcement of sanctions against the Government of North 

Korea, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2015 

Mr. MENENDEZ (for himself and Mr. GRAHAM) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To improve the enforcement of sanctions against the 

Government of North Korea, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘North Korea Sanctions Enforcement Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes. 

Sec. 3. Definitions. 

TITLE I—INVESTIGATIONS, PROHIBITED CONDUCT, AND 

PENALTIES 

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Sec. 101. Statement of policy. 

Sec. 102. Investigations. 

Sec. 103. Reporting requirements. 

Sec. 104. Designation of persons. 

Sec. 105. Forfeiture of property. 

Sec. 106. Exception relating to importation of goods. 

TITLE II—SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, 

HUMAN RIGHTS ABUSES, AND ILLICIT ACTIVITIES 

Sec. 201. Determinations with respect to North Korea as a jurisdiction of primary money laundering concern. 

Sec. 202. Ensuring the consistent enforcement of United Nations Security 

Council resolutions and financial restrictions on North Korea. 

Sec. 203. Proliferation prevention sanctions. 

Sec. 204. Procurement sanctions. 

Sec. 205. Enhanced inspection authorities. 

Sec. 206. Travel sanctions. 

Sec. 207. Exemptions, waivers, and removals of designation. 

TITLE III—PROMOTION OF HUMAN RIGHTS 

Sec. 301. Information technology. 

Sec. 302. Report on North Korean prison camps. 

Sec. 303. Briefing on serious human rights abuses or censorship in North 

Korea. 

TITLE IV—GENERAL AUTHORITIES AND STRATEGY TO COUNTER 

CYBERTERRORISM 

Sec. 401. Suspension of sanctions and other measures. 

Sec. 402. Termination of sanctions and other measures. 

Sec. 403. North Korea Enforcement and Humanitarian Fund. 

Sec. 404. Strategy to counter North Korean cyberterrorism. 

Sec. 405. Rulemaking 

Sec. 406. Effective date. 

1 SEC. 2. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The Government of North Korea— 

4 (A) has repeatedly violated its commit5 ments to the complete, verifiable, and irrevers6 ible dismantlement of its nuclear weapons pro7 grams; and 

8 (B) has willfully violated multiple United 

9 Nations Security Council resolutions calling for 

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1 it to cease its development, testing, and produc2 tion of weapons of mass destruction. 

3 (2) North Korea poses a grave risk for the pro4 liferation of nuclear weapons and other weapons of 

5 mass destruction. 

6 (3) The Government of North Korea has been 

7 implicated repeatedly in money laundering and illicit 

8 activities, including— 

9 (A) prohibited arms sales; 

10 (B) narcotics trafficking; 

11 (C) the counterfeiting of United States 

12 currency; 

13 (D) acts of cybervandalism and 

14 cyberterrorism; and 

15 (E) the counterfeiting of intellectual prop16 erty of United States persons. 

17 (4) North Korea has— 

18 (A) unilaterally withdrawn from the Ko19 rean War Armistice Agreement, done at Pan20 munjom, Korea July 27, 1953; and 

21 (B) committed provocations against South 

22 Korea— 

23 (i) by sinking the warship Cheonan 

24 and killing 46 of her crew on March 26, 

25 2010; 

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1 (ii) by shelling Yeonpyeong Island and 

2 killing 4 South Korean civilians on Novem3 ber 23, 2010; and 

4 (iii) by its involvement in the 

5 ‘‘DarkSeoul’’ cyberattacks against the fi6 nancial and communications interests of 

7 the Republic of Korea on March 20, 2013. 

8 (5) North Korea maintains a system of brutal 

9 political prison camps that contain as many as 

10 200,000 men, women, and children, who are— 

11 (A) kept in atrocious living conditions with 

12 insufficient food, clothing, and medical care; 

13 and 

14 (B) under constant fear of torture or arbi15 trary execution. 

16 (6) North Korea has prioritized weapons pro17 grams and the procurement of luxury goods— 

18 (A) in defiance of United Nations Security 

19 Council Resolutions 1695 (adopted July 15, 

20 2006), 1718 (adopted October 14, 2006), 1874 

21 (adopted June 12, 2009), 2087 (adopted Janu22 ary 22, 2013), and 2094 (adopted March 7, 

23 2013); and 

24 (B) in gross disregard of the needs of its 

25 people. 

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1 (7) Persons, including financial institutions, 

2 who engage in transactions with, or provide financial 

3 services to, the Government of North Korea and its 

4 financial institutions without establishing sufficient 

5 financial safeguards against North Korea’s use of 

6 these transactions to promote proliferation, weapons 

7 trafficking, human rights violations, illicit activity, 

8 and the purchase of luxury goods— 

9 (A) aid and abet North Korea’s misuse of 

10 the international financial system; and 

11 (B) violate the intent of the United Na12 tions Security Council resolutions referred to in 

13 paragraph (6)(A). 

14 (8) The Government of North Korea has both 

15 provided technical support and conducted destructive 

16 and coercive cyberattacks, including against Sony 

17 Pictures Entertainment and other United States 

18 persons. 

19 (9) The conduct of the Government of North 

20 Korea poses an imminent threat to— 

21 (A) the security of the United States and 

22 its allies; 

23 (B) the global economy; 

24 (C) the safety of members of the United 

25 States Armed Forces; 

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1 (D) the integrity of the global financial 

2 system; 

3 (E) the integrity of global nonproliferation 

4 programs; and 

5 (F) the people of North Korea. 

6 (b) PURPOSES.—Through this Act, Congress seeks— 

7 (1) to use nonmilitary means to address the cri8 sis described in subsection (a); 

9 (2) to provide diplomatic leverage to negotiate 

10 necessary changes in North Korea’s conduct; 

11 (3) to ease the suffering of the people of North 

12 Korea; and 

13 (4) to reaffirm the purposes set forth in section 

14 4 of the North Korean Human Rights Act of 2004 

15 (22 U.S.C. 7802). 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) APPLICABLE EXECUTIVE ORDER.—The 

19 term ‘‘applicable Executive order’’ means— 

20 (A) Executive Order 13382 (70 Fed. Reg. 

21 38567; relating to blocking property of weapons 

22 of mass destruction proliferators and their sup23 ports), Executive Order 13466 (73 Fed. Reg. 

24 36787; relating to continuing certain restric25 tions with respect to North Korea and North 

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1 Korean nationals), Executive Order 13551 (75 

2 Fed. Reg. 53837; relating to blocking property 

3 of certain persons with respect to North 

4 Korea), Executive Order 13570 (76 Fed. Reg. 

5 22291; relating to prohibiting certain trans6 actions with respect to North Korea), or Execu7 tive Order 13687 (80 Fed Reg. 819), to the ex8 tent that such Executive order— 

9 (i) authorizes the imposition of sanc10 tions on persons for conduct; or 

11 (ii) prohibits transactions or activities 

12 involving the Government of North Korea; 

13 or 

14 (B) any Executive order adopted on or 

15 after the date of the enactment of this Act, to 

16 the extent that such Executive order— 

17 (i) authorizes the imposition of sanc18 tions on persons for conduct; or 

19 (ii) prohibits transactions or activities 

20 involving the Government of North Korea. 

21 (2) APPLICABLE UNITED NATIONS SECURITY

22 COUNCIL RESOLUTION.—The term ‘‘applicable 

23 United Nations Security Council resolution’’ 

24 means— 

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1 (A) United Nations Security Council Reso2 lution 1695 (adopted July 15, 2006), 1718 

3 (adopted October 14, 2006), 1874 (adopted 

4 June 12, 2009), 2087 (adopted January 22, 

5 2013), or 2094 (adopted March 7, 2013); or 

6 (B) any United Nations Security Council 

7 resolution adopted on or after the date of the 

8 enactment of this Act that— 

9 (i) authorizes the imposition of sanc10 tions on persons for conduct; or 

11 (ii) prohibits transactions or activities 

12 involving the Government of North Korea. 

13 (3) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Foreign Relations of 

17 the Senate; 

18 (B) the Committee on Banking, Housing, 

19 and Urban Affairs of the Senate; 

20 (C) the Committee on Foreign Affairs of 

21 the House of Representatives; and 

22 (D) the Committee on Financial Services 

23 of the House of Representatives. 

24 (4) DESIGNATED PERSON.—The term ‘‘des25 ignated person’’ means a person designated under 

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1 subsection (a) or (b) of section 104 for purposes of 

2 applying 1 or more of the sanctions described in title 

3 I or II with respect to the person. 

4 (5) GOVERNMENT OF NORTH KOREA.—The 

5 term ‘‘Government of North Korea’’ means— 

6 (A) the Government of the Democratic 

7 People’s Republic of Korea or any political sub8 division, agency, or instrumentality thereof; and 

9 (B) any person owned or controlled by, or 

10 acting for or on behalf of, the Government of 

11 North Korea. 

12 (6) LUXURY GOODS.—The term ‘‘luxury 

13 goods’’— 

14 (A) has the meaning given such term in 

15 section 746.4(b)(1) of title 15, Code of Federal 

16 Regulations; and 

17 (B) includes the items listed in Supplement 

18 No. 1 to Part 746 of such title, and any similar 

19 items. 

20 (7) MONETARY INSTRUMENTS.—The term 

21 ‘‘monetary instruments’’ has the meaning given such 

22 term in section 5312(a) of title 31, United States 

23 Code. 

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1 (8) NORTH KOREAN FINANCIAL INSTITUTION.— 

2 The term ‘‘North Korean financial institution’’ 

3 means any financial institution that— 

4 (A) is organized under the laws of North 

5 Korea or any jurisdiction within North Korea 

6 (including a foreign branch of such institution); 

7 (B) is located in North Korea, except for 

8 a financial institution that is excluded by the 

9 President in accordance with section 207(d); 

10 (C) is owned or controlled by the Govern11 ment of North Korea, regardless of location; 

12 and 

13 (D) is owned or controlled by a financial 

14 institution described in subparagraph (A), (B), 

15 or (C), regardless of location. 

16 (9) OTHER STORES OF VALUE.—The term 

17 ‘‘other stores of value’’ means— 

18 (A) prepaid access devices, tangible or in19 tangible prepaid access devices, and other in20 struments or devices for the storage or trans21 mission of value (as such terms are defined in 

22 part 1010 of title 31, Code of Federal Regula23 tions); and 

24 (B) any covered goods (as defined in sec25 tion 1027.100 of title 31, Code of Federal Regmstockstill on DSK4VPTVN1PROD with BILLS

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1 ulations), and any instrument or tangible or in2 tangible access device used for the storage and 

3 transmission of a representation of covered 

4 goods, or other device (as defined in such sec5 tion 1027.100). 

6 TITLE I—INVESTIGATIONS, PRO7 HIBITED CONDUCT, AND PEN8 ALTIES 

9 SEC. 101. STATEMENT OF POLICY. 

10 In order to achieve the peaceful disarmament of 

11 North Korea, Congress finds that it is necessary— 

12 (1) to encourage all member states to fully and 

13 promptly implement United Nations Security Coun14 cil Resolution 2094 (adopted March 7, 2013); 

15 (2) to sanction the persons, including financial 

16 institutions, that facilitate proliferation, illicit activi17 ties, arms trafficking, cyberterrorism, imports of lux18 ury goods, serious human rights abuses, cash smug19 gling, and censorship by the Government of North 

20 Korea; 

21 (3) to authorize the President to sanction per22 sons who fail to exercise due diligence to ensure that 

23 such financial institutions and jurisdictions do not 

24 facilitate proliferation, arms trafficking, kleptocracy, 

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1 and imports of luxury goods by the Government of 

2 North Korea; 

3 (4) to deny the Government of North Korea ac4 cess to the funds it uses to obtain nuclear weapons, 

5 ballistic missiles, cyberwarfare capabilities, and lux6 ury goods instead of providing for the needs of its 

7 people; and 

8 (5) to enforce sanctions in a manner that does 

9 not significantly hinder or delay the efforts of legiti10 mate United States or foreign humanitarian organi11 zations from providing assistance to meet the basic 

12 needs of civilians facing humanitarian crisis, includ13 ing access to food, health care, shelter, and clean 

14 drinking water to prevent or alleviate human suf15 fering. 

16 SEC. 102. INVESTIGATIONS. 

17 (a) INITIATION.—The President is authorized to ini18 tiate an investigation into the possible designation of a 

19 person under section 104(a) upon receipt by the President 

20 of credible information indicating that such person has en21 gaged in conduct described in section 104(a). 

22 (b) PERSONNEL.—The President may direct the Sec23 retary of State, the Secretary of the Treasury, and the 

24 heads of other Federal departments and agencies as may 

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1 be necessary to assign sufficient experienced and qualified 

2 investigators, attorneys, and technical personnel— 

3 (1) to investigate the conduct described in sub4 sections (a) and (b) of section 104; and 

5 (2) to coordinate and ensure the effective en6 forcement of the provisions of this Act. 

7 SEC. 103. REPORTING REQUIREMENTS. 

8 (a) PRESIDENTIAL BRIEFINGS TO CONGRESS.—Not 

9 later than 180 days after the date of the enactment of 

10 this Act, and periodically thereafter, the President shall 

11 provide to the appropriate congressional committees a 

12 briefing on efforts to implement this Act. 

13 (b) REPORT FROM SECRETARY OF STATE.—Not 

14 later than 6 months after the date of the enactment of 

15 this Act, the Secretary of State shall conduct, coordinate, 

16 and submit to Congress a comprehensive report on United 

17 States policy towards North Korea that— 

18 (1) is based on a full and complete interagency 

19 review of current policy and possible alternatives, in20 cluding North Korea’s weapons of mass destruction 

21 and missile programs and human rights atrocities; 

22 and 

23 (2) includes recommendations for such legisla24 tive or administrative action as the Secretary conmstockstill on DSK4VPTVN1PROD with BILLS

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1 siders appropriate in light of the results of the re2 view. 

3 SEC. 104. DESIGNATION OF PERSONS. 

4 (a) PROHIBITED ACTIVITIES.— 

5 (1) PROHIBITED CONDUCT DESCRIBED.—Ex6 cept as provided in section 207, the President may 

7 designate under this subsection any person that the 

8 President determines— 

9 (A) knowingly (directly or indirectly) im10 ported, exported, or reexported to, into, or from 

11 North Korea any goods, services, or technology 

12 controlled for export by the United States due 

13 to their use for weapons of mass destruction 

14 and their delivery systems and materially con15 tributing to the use, development, production, 

16 possession, or acquisition by any persons of a 

17 nuclear, radiological, chemical, biological, or 

18 cyber weapon, or any device or system designed 

19 in whole or in part to deliver such a weapon; 

20 (B) knowingly (directly or indirectly) pro21 vided training, advice, or other services or as22 sistance, or engaged in significant financial 

23 transactions, relating to the manufacture, main24 tenance, or use of any such weapon or system 

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1 to be imported, exported, or reexported to, into, 

2 or from North Korea; 

3 (C) knowingly (directly or indirectly) im4 ported, exported, or reexported luxury goods to 

5 or into North Korea; 

6 (D) knowingly engaged in, or is responsible 

7 for, censorship by the Government of North 

8 Korea; 

9 (E) knowingly engaged in, or is responsible 

10 for, serious human rights abuses by the Govern11 ment of North Korea; 

12 (F) knowingly (directly or indirectly) en13 gaged in money laundering, the counterfeiting 

14 of goods or currency, bulk cash smuggling, or 

15 narcotics trafficking that supports the Govern16 ment of North Korea or any senior official 

17 thereof; 

18 (G) knowingly engaged in, or attempted to 

19 engage in, acts of cyberterrorism or acts of van20 dalism through the use of computer networks or 

21 systems against foreign persons, governments, 

22 or other entities; or 

23 (H) knowingly attempted to engage in any 

24 of the conduct described in subparagraphs (A) 

25 through (F). 

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1 (2) PENALTIES.—The penalties provided for in 

2 subsections (b) and (c) of section 206 of the Inter3 national Emergency Economic Powers Act (50 

4 U.S.C. 1705) shall apply to any person who violates, 

5 attempts to violate, conspires to violate, or causes a 

6 violation of any prohibition under this subsection, or 

7 of an order or regulation prescribed under this Act, 

8 to the same extent that such penalties apply to a 

9 person that commits an unlawful act described in 

10 section 206(a) of such Act (50 U.S.C. 1705(a)). 

11 (b) ADDITIONAL PROHIBITED ACTIVITIES.— 

12 (1) PROHIBITED CONDUCT DESCRIBED.—Ex13 cept as provided in section 207, the President may 

14 designate under this subsection any person that the 

15 President determines— 

16 (A) knowingly engaged in, contributed to, 

17 assisted, sponsored, or provided financial, mate18 rial or technological support for, or goods and 

19 services in support of, any person designated 

20 pursuant to an applicable United Nations Secu21 rity Council resolution; 

22 (B) knowingly contributed to— 

23 (i) the bribery of an official of the 

24 Government of North Korea; 

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1 (ii) the misappropriation, theft, or em2 bezzlement of public funds by, or for the 

3 benefit of, an official of the Government of 

4 North Korea; or 

5 (iii) the use of any proceeds of any 

6 such conduct; or 

7 (C) knowingly and materially assisted, 

8 sponsored, or provided significant financial, ma9 terial, or technological support for, or goods or 

10 services to or in support of, the activities de11 scribed in subparagraph (A) or (B). 

12 (2) EFFECT OF DESIGNATION.—With respect to 

13 any person designated under this subsection, the 

14 President may— 

15 (A) apply the sanctions described in sec16 tion 204, 205, or 206; 

17 (B) apply any of the special measures de18 scribed in section 5318A of title 31, United 

19 States Code; 

20 (C) prohibit any transactions in foreign ex21 change— 

22 (i) that are subject to the jurisdiction 

23 of the United States; and 

24 (ii) in which such person has any in25 terest; and 

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1 (D) prohibit any transfers of credit or pay2 ments between financial institutions or by, 

3 through, or to any financial institution, to the 

4 extent that such transfers or payments— 

5 (i) are subject to the jurisdiction of 

6 the United States; and 

7 (ii) involve any interest of such per8 son. 

9 (c) ASSET BLOCKING.—The President shall exercise 

10 all of the powers granted to the President under the Inter11 national Emergency Economic Powers Act (50 U.S.C. 

12 1701 et seq.) to the extent necessary to block and prohibit 

13 all transactions in property and interests in property of 

14 a person determined by the President to be subject to this 

15 section if such property and interests in property are in 

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

17 or come within the possession or control of a United 

18 States person. 

19 (d) APPLICATION.—The designation of a person 

20 under subsection (a) or (b) and the blocking of property 

21 and interests in property under subsection (c) shall apply 

22 with respect to a person who is determined to be owned 

23 or controlled by, or to have acted or purported to have 

24 acted for or on behalf of (directly or indirectly) any person 

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1 whose property and interests in property are blocked pur2 suant to this section. 

3 (e) TRANSACTION LICENSING.—The President shall 

4 deny or revoke any license for any transaction that the 

5 President determines to lack sufficient financial controls 

6 to ensure that such transaction will not facilitate any of 

7 the conduct described in subsection (a) or (b). 

8 SEC. 105. FORFEITURE OF PROPERTY. 

9 (a) AMENDMENT TO PROPERTY SUBJECT TO FOR10 FEITURE.—Section 981(a)(1) of title 18, United States 

11 Code, is amended by adding at the end the following: 

12 ‘‘(I) Any real or personal property that is in13 volved in a violation or attempted violation, or which 

14 constitutes or is derived from proceeds traceable to 

15 a violation, of section 104(a) of the North Korea 

16 Sanctions Enforcement Act of 2015.’’. 

17 (b) AMENDMENT TO DEFINITION OF CIVIL FOR18 FEITURE STATUTE.—Section 983(i)(2)(D) of title 18, 

19 United States Code, is amended to read as follows: 

20 ‘‘(D) the Trading with the Enemy Act (50 

21 U.S.C. App. 1 et seq.), the International Emer22 gency Economic Powers Act (50 U.S.C. 1701 et 

23 seq.), or the North Korea Sanctions Enforce24 ment Act of 2015; or’’. 

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1 (c) AMENDMENT TO DEFINITION OF SPECIFIED UN2 LAWFUL ACTIVITY.—Section 1956(c)(7)(D) of title 18, 

3 United States Code, is amended— 

4 (1) by striking ‘‘or section 92 of the Atomic 

5 Energy Act of 1954’’ and inserting ‘‘section 92 of 

6 the Atomic Energy Act of 1954’’; and 

7 (2) by adding at the end the following: ‘‘, or 

8 section 104(a) of the North Korea Sanctions En9 forcement Act of 2015 (relating to prohibited trade 

10 with North Korea);’’. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—From 

12 the amounts in the Assets Forfeiture Fund established 

13 under section 524(c) of title 28, United States Code, or 

14 the Department of the Treasury Forfeiture Fund estab15 lished under section 9703 of title 31, United States Code, 

16 as added by the Treasury Forfeiture Fund Act of 1992 

17 (section 638 of Public Law 102–393), there are authorized 

18 to be appropriated for each of the fiscal years 2015 

19 through 2023, in such proportions as the President may 

20 determine, and without fiscal year limitation, $5,000,000 

21 for law enforcement expenses for the enforcement of this 

22 Act or any amendment made by this Act, including sala23 ries and expenses of investigators, attorneys, technical 

24 personnel, and such personnel as the President determines 

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1 to be necessary to enforce this Act or any such amend2 ment. 

3 (e) PAYMENT IN LIEU OF FORFEITURE.—Any money 

4 paid to the United States by a financial institution or 

5 other person in lieu of the commencement of criminal, 

6 civil, or administrative forfeiture proceedings to forfeit 

7 property involving any activity described in section 104(a) 

8 or in settlement of such forfeiture proceedings— 

9 (1) shall be treated as forfeited funds; and 

10 (2) shall be deposited, in such proportions as 

11 the President may determine, into— 

12 (A) the Assets Forfeiture Fund established 

13 under section 524(c) of title 28, United States 

14 Code; or 

15 (B) the Department of the Treasury For16 feiture Fund established under section 9703 of 

17 title 31, United States Code, as added by the 

18 Treasury Forfeiture Fund Act of 1992 (section 

19 638 of Public Law 102–393). 

20 (f) RULE OF CONSTRUCTION.—Nothing in this title 

21 or any amendment made by this title may be construed 

22 to restrict or limit the authority of the President under— 

23 (1) section 524(c) of title 28, United States 

24 Code; or 

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1 (2) section 9703 of title 31, United States 

2 Code, as added by the Treasury Forfeiture Fund 

3 Act of 1992 (section 638 of Public Law 102–393). 

4 SEC. 106. EXCEPTION RELATING TO IMPORTATION OF 

5 GOODS. 

6 The authorities under sections 104(c) and 204 shall 

7 not include the authority to impose sanctions on the im8 portation of goods. 

9 TITLE II—SANCTIONS AGAINST 

10 NORTH KOREAN PROLIFERA11 TION, HUMAN RIGHTS 

12 ABUSES, AND ILLICIT ACTIVI13 TIES 

14 SEC. 201. DETERMINATIONS WITH RESPECT TO NORTH 

15 KOREA AS A JURISDICTION OF PRIMARY 

16 MONEY LAUNDERING CONCERN. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) The Under Secretary for Terrorism and Fi20 nancial Intelligence, who is responsible for safe21 guarding the financial system against illicit use, 

22 money laundering, terrorist financing, and the pro23 liferation of weapons of mass destruction, and has 

24 repeatedly expressed concern about North Korea’s 

25 misuse of the international financial system— 

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1 (A) in 2006— 

2 (i) stated, ‘‘Given [North Korea’s] 

3 counterfeiting of U.S. currency, narcotics 

4 trafficking and use of accounts world-wide 

5 to conduct proliferation-related trans6 actions, the line between illicit and licit 

7 North Korean money is nearly invisible.’’; 

8 and 

9 (ii) urged financial institutions world10 wide to ‘‘think carefully about the risks of 

11 doing any North Korea-related business’’; 

12 (B) in 2011, stated that North Korea— 

13 (i) ‘‘remains intent on engaging in 

14 proliferation, selling arms as well as bring15 ing in material’’; and 

16 (ii) was ‘‘aggressively pursuing the ef17 fort to establish front companies.’’; and 

18 (C) in 2013, stated— 

19 (i) in reference to North Korea’s dis20 tribution of high-quality counterfeit United 

21 States currency, that ‘‘North Korea is con22 tinuing to try to pass a supernote into the 

23 international financial system’’; and 

24 (ii) the Department of the Treasury 

25 would soon introduce new currency with 

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1 improved security features to protect 

2 against counterfeiting by the Government 

3 of North Korea. 

4 (2) The Financial Action Task Force, an inter5 governmental body whose purpose is to develop and 

6 promote national and international policies to com7 bat money laundering and terrorist financing, has 

8 repeatedly— 

9 (A) expressed concern at deficiencies in 

10 North Korea’s regimes to combat money laun11 dering and terrorist financing; 

12 (B) urged North Korea to adopt a plan of 

13 action to address significant deficiencies in 

14 these regimes and the serious threat they pose 

15 to the integrity of the international financial 

16 system; 

17 (C) urged all jurisdictions to apply coun18 termeasures to protect the international finan19 cial system from ongoing and substantial money 

20 laundering and terrorist financing risks ema21 nating from North Korea; 

22 (D) urged all jurisdictions to advise their 

23 financial institutions to give special attention to 

24 business relationships and transactions with 

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1 North Korea, including North Korean compa2 nies and financial institutions; and 

3 (E) called on all jurisdictions— 

4 (i) to protect against correspondent 

5 relationships being used to bypass or evade 

6 countermeasures and risk mitigation prac7 tices; and 

8 (ii) to take into account money laun9 dering and terrorist financing risks when 

10 considering requests by North Korean fi11 nancial institutions to open branches and 

12 subsidiaries in their respective jurisdic13 tions. 

14 (3) On March 7, 2013, the United Nations Se15 curity Council unanimously adopted Resolution 

16 2094, which— 

17 (A) welcomed the Financial Action Task 

18 Force’s— 

19 (i) recommendation on financial sanc20 tions related to proliferation; and 

21 (ii) guidance on the implementation of 

22 such sanctions; 

23 (B) decided that United Nations Member 

24 States should apply enhanced monitoring and 

25 other legal measures to prevent the provision of 

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1 financial services or the transfer of property 

2 that could contribute to activities prohibited by 

3 applicable United Nations Security Council res4 olutions; and 

5 (C) called on United Nations Member 

6 States to prohibit North Korean banks from es7 tablishing or maintaining correspondent rela8 tionships with banks in their respective jurisdic9 tions to prevent the provision of financial serv10 ices if such states have information that pro11 vides reasonable grounds to believe that such 

12 activities could contribute to— 

13 (i) activities prohibited by an applica14 ble United Nations Security Council reso15 lution; or 

16 (ii) the evasion of such prohibitions. 

17 (b) SENSE OF CONGRESS REGARDING THE DESIGNA18 TION OF NORTH KOREA AS A JURISDICTION OF PRIMARY

19 MONEY LAUNDERING CONCERN.—Congress— 

20 (1) acknowledges the efforts of the United Na21 tions Security Council to impose limitations on, and 

22 to require the enhanced monitoring of, transactions 

23 involving North Korean financial institutions that 

24 could contribute to sanctioned activities; 

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1 (2) urges the President, in the strongest 

2 terms— 

3 (A) to consider immediately designating 

4 North Korea as a jurisdiction of primary money 

5 laundering concern; and 

6 (B) to adopt stringent special measures to 

7 safeguard the financial system against the risks 

8 posed by North Korea’s willful evasion of sanc9 tions and its illicit activities; and 

10 (3) urges the President to seek the prompt im11 plementation by other states of enhanced monitoring 

12 and due diligence to prevent North Korea’s misuse 

13 of the international financial system, including by 

14 sharing information about activities, transactions, 

15 and property that could contribute to— 

16 (A) activities sanctioned by applicable 

17 United Nations Security Council resolutions; or 

18 (B) the evasion of such sanctions. 

19 (c) DETERMINATIONS REGARDING NORTH KOREA.— 

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

21 after the date of the enactment of this Act, the Sec22 retary of the Treasury, in consultation with the Sec23 retary of State and Attorney General, and in accord24 ance with section 5318A of title 31, United States 

25 Code, shall determine whether reasonable grounds 

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1 exist for concluding that North Korea is a jurisdic2 tion of primary money laundering concern. 

3 (2) ENHANCED DUE DILIGENCE AND REPORT4 ING REQUIREMENTS.—Except as provided in section 

5 207, if the Secretary of the Treasury determines 

6 under this subsection that reasonable grounds exist 

7 for concluding that North Korea is a jurisdiction of 

8 primary money laundering concern, the Secretary, in 

9 consultation with the Federal functional regulators, 

10 shall impose 1 or more of the special measures de11 scribed in paragraphs (1) through (5) of section 

12 5318A(b) of title 31, United States Code, with re13 spect to the jurisdiction of North Korea. 

14 (3) REPORT REQUIRED.— 

15 (A) IN GENERAL.—The Secretary of the 

16 Treasury shall submit a report to the appro17 priate congressional committees that contains 

18 the reasons for any determination under para19 graph (1). 

20 (B) FORM.—The report submitted under 

21 subparagraph (A) shall be submitted in unclas22 sified form, but may contain a classified annex. 

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1 SEC. 202. ENSURING THE CONSISTENT ENFORCEMENT OF 

2 UNITED NATIONS SECURITY COUNCIL RESO3 LUTIONS AND FINANCIAL RESTRICTIONS ON 

4 NORTH KOREA. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) all member states and jurisdictions are obli7 gated to implement and enforce applicable United 

8 Nations Security Council resolutions fully and 

9 promptly, including by blocking the property of, and 

10 ensuring that any property is prevented from being 

11 made available to, persons designated by the Secu12 rity Council under applicable United Nations Secu13 rity Council resolutions; 

14 (2) all states and jurisdictions share a common 

15 interest in protecting the international financial sys16 tem from the risks of money laundering and illicit 

17 transactions emanating from North Korea; 

18 (3) the United States dollar and the euro are 

19 the world’s principal reserve currencies, and the 

20 United States and the European Union are pri21 marily responsible for the protection of the inter22 national financial system from these risks; 

23 (4) the cooperation of the People’s Republic of 

24 China, as North Korea’s principal trading partner, 

25 is essential to— 

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1 (A) the enforcement of applicable United 

2 Nations Security Council resolutions; and 

3 (B) the protection of the international fi4 nancial system; 

5 (5) the report of the Panel of Experts estab6 lished pursuant to United Nations Security Council 

7 Resolution 1874 (adopted on June 11, 2013) ex8 pressed concern about the ability of banks in— 

9 (A) states with less effective regulators; 

10 and 

11 (B) states that are unable to afford effec12 tive compliance to detect and prevent illicit 

13 transfers involving North Korea; 

14 (6) North Korea has historically exploited in15 consistencies between jurisdictions in the interpreta16 tion and enforcement of financial regulations and 

17 applicable United Nations Security Council resolu18 tions to circumvent sanctions and launder the pro19 ceeds of illicit activities; 

20 (7) Amroggang Development Bank, Bank of 

21 East Land, and Tanchon Commercial Bank have 

22 been designated by the Secretary of the Treasury, 

23 the United Nations Security Council, and the Euro24 pean Union as having materially contributed to the 

25 proliferation of weapons of mass destruction; 

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1 (8) Korea Daesong Bank and Korea Kwangson 

2 Banking Corporation have been designated by the 

3 Secretary of the Treasury and the European Union 

4 as having materially contributed to the proliferation 

5 of weapons of mass destruction; 

6 (9) the Foreign Trade Bank of North Korea 

7 has been designated by the Secretary of the Treas8 ury for facilitating transactions on behalf of persons 

9 linked to its proliferation network, and for serving as 

10 ‘‘a key financial node’’; and 

11 (10) Daedong Credit Bank has been designated 

12 by the Secretary of the Treasury for activities pro13 hibited by applicable United Nations Security Coun14 cil resolutions, including the use of deceptive finan15 cial practices to facilitate transactions on behalf of 

16 persons linked to North Korea’s proliferation net17 work. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that the President should intensify diplomatic efforts 

20 in appropriate international fora, such as the United Na21 tions, and bilaterally, to develop and implement a coordi22 nated, consistent, multilateral strategy for protecting the 

23 global financial system against risks emanating from 

24 North Korea, including— 

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1 (1) the cessation of any financial services whose 

2 continuation is inconsistent with applicable United 

3 Nations Security Council resolutions; 

4 (2) the cessation of any financial services to 

5 persons, including financial institutions, that present 

6 unacceptable risks of facilitating money laundering 

7 and illicit activity by the Government of North 

8 Korea; 

9 (3) the blocking by all states and jurisdictions, 

10 in accordance with the legal process of the state or 

11 jurisdiction in which the property is held, of any 

12 property required to be blocked under applicable 

13 United Nations Security Council resolutions; and 

14 (4) the blocking of any property derived from il15 licit activity, or from the misappropriation, theft, or 

16 embezzlement of public funds by, or for the benefit 

17 of, officials of the Government of North Korea. 

18 SEC. 203. PROLIFERATION PREVENTION SANCTIONS. 

19 (a) EXPORT OF CERTAIN GOODS OR TECHNOLOGY.— 

20 A validated license shall be required for the export of any 

21 goods or technology otherwise covered under section 6(j) 

22 of the Export Administration Act of 1979 (50 U.S.C. App. 

23 2405(j)). No defense exports may be approved for the 

24 Government of North Korea. 

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1 (b) TRANSACTIONS IN LETHAL MILITARY EQUIP2 MENT.— 

3 (1) IN GENERAL.—The President shall withhold 

4 assistance under the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2151 et seq.) to the government of any 

6 country that provides lethal military equipment to 

7 the Government of North Korea. 

8 (2) APPLICABILITY.—The prohibition under 

9 this subsection with respect to a foreign government 

10 shall terminate on the date that is 1 year after the 

11 date on which the restriction under paragraph (1) 

12 may have been applied. 

13 (c) WAIVER.—The Secretary of State may waive the 

14 prohibitions under this section with respect to a country 

15 if the Secretary determines that it is in the national inter16 est of the United States to do so. 

17 (d) EXCEPTION.—The prohibitions under this section 

18 shall not apply to the provision of assistance for human 

19 rights, democracy, rule of law, or emergency humanitarian 

20 assistance. 

21 SEC. 204. PROCUREMENT SANCTIONS. 

22 (a) IN GENERAL.—Except as provided in this section, 

23 the United States Government may not procure, or enter 

24 into any contract for the procurement of, any goods or 

25 services from any designated person. 

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1 (b) FEDERAL ACQUISITION REGULATION.— 

2 (1) IN GENERAL.—The Federal Acquisition 

3 Regulation issued pursuant to section 1303 of title 

4 41, United States Code, shall be revised to require 

5 that each person that is a prospective contractor 

6 submit a certification that such person does not en7 gage in any of the conduct described in section 

8 104(a). 

9 (2) APPLICABILITY.—The revision referred to 

10 in paragraph (1) shall apply with respect to con11 tracts for which solicitations are issued on or after 

12 the date that is 90 days after the date of the enact13 ment of this Act. 

14 (c) GENERAL SERVICES ADMINISTRATION.— 

15 (1) INCLUSION ON LIST.—The Administrator of 

16 General Services shall include, on the List of Parties 

17 Excluded from Federal Procurement and Non18 procurement Programs maintained by the Adminis19 trator under part 9 of the Federal Acquisition Regu20 lation, each person that is debarred, suspended, or 

21 proposed for debarment or suspension by the head 

22 of an executive agency on the basis of a determina23 tion of a false certification under subsection (b). 

24 (2) CONTRACT TERMINATION; SUSPENSION.—If 

25 the head of an executive agency determines that a 

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1 person has submitted a false certification under sub2 section (b) after the date on which the Federal Ac3 quisition Regulation is revised to implement the re4 quirements of this section, the head of such execu5 tive agency shall— 

6 (A) terminate a contract with such person; 

7 or 

8 (B) debar or suspend such person from eli9 gibility for Federal contracts for a period of not 

10 more than 2 years. 

11 (3) APPLICABLE PROCEDURES.—Any debar12 ment or suspension under paragraph (2)(B) shall be 

13 subject to the procedures that apply to debarment 

14 and suspension under the Federal Acquisition Regu15 lation under subpart 9.4 of part 9 of title 48, Code 

16 of Federal Regulations. 

17 (d) CLARIFICATION REGARDING CERTAIN PROD18 UCTS.—The remedies specified in subsections (a) through 

19 (c) shall not apply with respect to the procurement of any 

20 eligible product (as defined in section 308(4) of the Trade 

21 Agreements Act of 1979 (19 U.S.C. 2518(4))) of any for22 eign country or instrumentality designated under section 

23 301(b) of such Act (19 U.S.C. 2511(b)). 

24 (e) RULE OF CONSTRUCTION.—Nothing in this sub25 section may be construed to limit the use of other remedies 

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1 available to the head of an executive agency or any other 

2 official of the Federal Government on the basis of a deter3 mination of a false certification under subsection (b). 

4 (f) EXECUTIVE AGENCY DEFINED.—In this section, 

5 the term ‘‘executive agency’’ has the meaning given such 

6 term in section 133 of title 41, United States Code. 

7 SEC. 205. ENHANCED INSPECTION AUTHORITIES. 

8 (a) REPORT REQUIRED.—Not later than 180 days 

9 after the date of the enactment of this Act, and annually 

10 thereafter, the President shall submit a report to the ap11 propriate congressional committees that identifies foreign 

12 ports and airports whose inspections of ships, aircraft, and 

13 conveyances originating in North Korea, carrying North 

14 Korean property, or operated by the Government of North 

15 Korea are not sufficient to effectively prevent the facilita16 tion of any of the activities described in section 104(a). 

17 (b) ENHANCED CUSTOMS INSPECTION REQUIRE18 MENTS.—The Secretary of Homeland Security may re19 quire enhanced inspections of any cargo landed in the 

20 United States or entering the stream of interstate com21 merce that has been transported through a port or airport 

22 identified by the President under subsection (a). 

23 (c) SEIZURE AND FORFEITURE.—A vessel, aircraft, 

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1 scribed in section 104(a) under the jurisdiction of the 

2 United States may be seized and forfeited under— 

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

4 or 

5 (2) under the Tariff Act of 1930 (19 U.S.C. 

6 1202 et seq.). 

7 SEC. 206. TRAVEL SANCTIONS. 

8 The Secretary of State may deny a visa to, and the 

9 Secretary of Homeland Security, pursuant to section 104, 

10 may deny entry into the United States of, any alien who 

11 is— 

12 (1) a designated person; 

13 (2) a corporate officer of a designated person; 

14 or 

15 (3) a principal shareholder with a controlling 

16 interest in a designated person. 

17 SEC. 207. EXEMPTIONS, WAIVERS, AND REMOVALS OF DES18 IGNATION. 

19 (a) EXEMPTIONS.— 

20 (1) IN GENERAL.—The following activities shall 

21 be exempt from sanctions under sections 104 and 

22 206: 

23 (A) Activities subject to the reporting re24 quirements under title V of the National Secu25 rity Act of 1947 (50 U.S.C. 413 et seq.), or to 

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1 any authorized intelligence activities of the 

2 United States. 

3 (B) Any transaction necessary to comply 

4 with United States obligations under the Agree5 ment between the United Nations and the 

6 United States of America regarding the Head7 quarters of the United Nations, signed June 

8 26, 1947, and entered into force on November 

9 21, 1947, or under the Vienna Convention on 

10 Consular Relations, signed April 24, 1963, and 

11 entered into force on March 19, 1967, or under 

12 other international agreements. 

13 (C) Any financial transaction for which the 

14 exclusive purpose is to import agricultural prod15 ucts, medicine, or medical devices into North 

16 Korea if such supplies or equipment— 

17 (i) are designated as ‘‘EAR 99’’ under 

18 the Export Administration Regulations (15 

19 C.F.R. 730 et seq.); and 

20 (ii) are not controlled under— 

21 (I) the Export Administration 

22 Act of 1979 (50 U.S.C. App. 2401 et 

23 seq.), as continued in effect under the 

24 International Emergency Economic 

25 Powers Act (50 U.S.C. 1701 et seq.); 

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1 (II) the Arms Export Control Act 

2 (22 U.S.C. 2751 et seq.); 

3 (III) part B of title VIII of the 

4 Nuclear Proliferation Prevention Act 

5 of 1994 (22 U.S.C. 6301 et seq.); or 

6 (IV) the Chemical and Biological 

7 Weapons Control and Warfare Elimi8 nation Act of 1991 (22 U.S.C. 5601 

9 et seq.). 

10 (2) HUMANITARIAN ACTIONS.— 

11 (A) IN GENERAL.—The President may not 

12 impose any sanctions, including through related 

13 Executive orders, that would prevent United 

14 States or foreign humanitarian organizations, 

15 acting in good faith and with the appropriate 

16 notifications and controls in place, from access17 ing and providing humanitarian aid to civilian 

18 populations facing humanitarian crises in order 

19 to prevent or alleviate human suffering, includ20 ing individuals who are under the control of a 

21 foreign person subject to sanctions under this 

22 Act. 

23 (B) EXAMPLES OF PROHIBITED SANC24 TIONS.—The sanctions exempted under sub25 paragraph (A) shall include— 

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1 (i) prohibiting United States or for2 eign financial institutions from engaging in 

3 financial transactions with legitimate hu4 manitarian organizations for these pur5 poses; 

6 (ii) prohibiting the export of standard, 

7 commercially available goods, including 

8 communications equipment, software and 

9 computers, that are necessary to carry out 

10 operations related to the provision of hu11 manitarian goods or services to prevent or 

12 alleviate the suffering of civilian popu13 lations; and 

14 (iii) prohibiting incidental contact 

15 with individuals who are under the control 

16 of a foreign person subject to sanctions 

17 under this Act in the conduct of providing 

18 humanitarian aid. 

19 (3) EXPORT ADMINISTRATION REGULATIONS

20 DEFINED.—In this subsection, the term ‘‘Export Ad21 ministration Regulations’’ means the regulations set 

22 forth in subchapter C of chapter VII of title 15, 

23 Code of Federal Regulations (15 C.F.R. 730 et seq.) 

24 and maintained and amended under the authority of 

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1 the International Emergency Economic Powers Act 

2 (50 U.S.C. 1701 et seq.). 

3 (b) WAIVER.—The President may waive, for 1-year 

4 renewable periods, the application of the sanctions author5 ized under section 104, 204, 205, or 206 if the President 

6 submits to the appropriate congressional committees a 

7 written determination that the waiver meets 1 or more of 

8 the following requirements: 

9 (1) The waiver is important to the national se10 curity interests of the United States. 

11 (2) The waiver will further the enforcement of 

12 this Act or is for an important law enforcement pur13 pose. 

14 (3) The waiver is for an important humani15 tarian purpose, including any of the purposes de16 scribed in section 4 of the North Korean Human 

17 Rights Act of 2004 (22 U.S.C. 7802). 

18 (c) FINANCIAL SERVICES FOR HUMANITARIAN AND

19 CONSULAR ACTIVITIES.—The President may promulgate 

20 such regulations, rules, and policies as may be necessary 

21 to facilitate the provision of financial services by a foreign 

22 financial institution that is not controlled by the Govern23 ment of North Korea in support of the activities subject 

24 to exemption under this Act. 

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1 TITLE III—PROMOTION OF 

2 HUMAN RIGHTS 

3 SEC. 301. INFORMATION TECHNOLOGY. 

4 Section 104 of the North Korean Human Rights Act 

5 of 2004 (22 U.S.C. 7814) is amended by adding at the 

6 end the following: 

7 ‘‘(d) INFORMATION TECHNOLOGY STUDY.—Not later 

8 than 180 days after the date of the enactment of the 

9 North Korea Sanctions Enforcement Act of 2015, the 

10 President shall submit a classified report to the appro11 priate congressional committees that sets forth a detailed 

12 plan for making unrestricted, unmonitored, and inexpen13 sive electronic mass communications available to the peo14 ple of North Korea.’’. 

15 SEC. 302. REPORT ON NORTH KOREAN PRISON CAMPS. 

16 (a) IN GENERAL.—The Secretary of State shall sub17 mit a report to the appropriate congressional committees 

18 that describes, with respect to each political prison camp 

19 in North Korea, to the extent information is available— 

20 (1) the camp’s estimated prisoner population; 

21 (2) the camp’s geographical coordinates; 

22 (3) the reasons for the confinement of the pris23 oners; 

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1 (4) the camp’s primary industries and products, 

2 and the end users of any goods produced in such 

3 camp; 

4 (5) the natural persons and agencies respon5 sible for conditions in the camp; 

6 (6) the conditions under which prisoners are 

7 confined, with respect to the adequacy of food, shel8 ter, medical care, working conditions, and reports of 

9 ill-treatment of prisoners; and 

10 (7) imagery, to include satellite imagery of each 

11 such camp, in a format that, if published, would not 

12 compromise the sources and methods used by the in13 telligence agencies of the United States to capture 

14 geospatial imagery. 

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

16 may be included in the first report required to be sub17 mitted to Congress after the date of the enactment of this 

18 Act under sections 116(d) and 502B(b) of the Foreign As19 sistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) 

20 (relating to the annual human rights report). 

21 SEC. 303. BRIEFING ON SERIOUS HUMAN RIGHTS ABUSES 

22 OR CENSORSHIP IN NORTH KOREA. 

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

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

25 shall providing a briefing, which may be classified, to the 

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1 appropriate congressional committees that describes seri2 ous human rights abuses or serious censorship undertaken 

3 by the North Korean government in the most recent year. 

4 (b) DESIGNATION OF RESPONSIBLE PERSONS.—The 

5 President may designate under section 104(a) any person 

6 described in the briefing required under subsection (a) as 

7 responsible for serious human rights abuses or censorship 

8 in North Korea. 

9 (c) SENSE OF CONGRESS.—It is the sense of Con10 gress that the President should— 

11 (1) seek the prompt adoption by the United Na12 tions Security Council of a resolution calling for the 

13 blocking of the assets of all persons responsible for 

14 severe human rights abuses or censorship in North 

15 Korea; and 

16 (2) fully cooperate with the prosecution of any 

17 natural person listed in the report required under 

18 subsection (a) before any international tribunal that 

19 may be established to prosecute persons responsible 

20 for severe human rights abuses or censorship in 

21 North Korea. 

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1 TITLE IV—GENERAL AUTHORI2 TIES AND STRATEGY TO 

3 COUNTER CYBERTERRORISM 

4 SEC. 401. SUSPENSION OF SANCTIONS AND OTHER MEAS5 URES. 

6 (a) IN GENERAL.—Any sanction or other measure re7 quired under title I, II, or III (or any amendment made 

8 by such titles) may be suspended for up to 1 year upon 

9 certification by the President to the appropriate congres10 sional committees that the Government of North Korea 

11 has made progress toward— 

12 (1) verifiably ceasing its counterfeiting of 

13 United States currency, including the surrender or 

14 destruction of specialized materials and equipment 

15 used or particularly suitable for counterfeiting; 

16 (2) taking steps toward financial transparency 

17 to comply with generally accepted protocols to cease 

18 and prevent the laundering of monetary instruments; 

19 (3) taking steps toward verification of its com20 pliance with applicable United Nations Security 

21 Council resolutions; 

22 (4) taking steps toward accounting for and re23 patriating the citizens of other countries— 

24 (A) abducted or unlawfully held captive by 

25 the Government of North Korea; or 

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1 (B) detained in violation of the 1953 Armi2 stice Agreement; 

3 (5) accepting and beginning to abide by inter4 nationally recognized standards for the distribution 

5 and monitoring of humanitarian aid; and 

6 (6) taking verified steps to improve living condi7 tions in its political prison camps. 

8 (b) RENEWAL OF SUSPENSION.—The suspension de9 scribed in subsection (a) may be renewed for additional, 

10 consecutive 180-day periods after the President certifies 

11 to the appropriate congressional committees that the Gov12 ernment of North Korea has continued to comply with the 

13 conditions described in subsection (a) during the previous 

14 year. 

15 SEC. 402. TERMINATION OF SANCTIONS AND OTHER MEAS16 URES. 

17 Any sanction or other measure required under title 

18 I, II, or III (or any amendment made by such titles) shall 

19 terminate on the date on which the President determines 

20 and certifies to the appropriate congressional committees 

21 that the Government of North Korea has— 

22 (1) met the requirements set forth in section 

23 401; and 

24 (2) has made significant progress toward— 

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1 (A) completely, verifiably, and irreversibly 

2 dismantling all of its nuclear, chemical, biologi3 cal, and radiological weapons programs, includ4 ing all programs for the development of systems 

5 designed in whole or in part for the delivery of 

6 such weapons; 

7 (B) releasing all political prisoners, includ8 ing the citizens of North Korea detained in 

9 North Korea’s political prison camps; and 

10 (C)(i) ceasing its censorship of peaceful po11 litical activity; 

12 (ii) establishing an open, transparent, and 

13 representative society; and 

14 (iii) fully accounting for and repatriating 

15 United States citizens (included deceased)— 

16 (I) abducted or unlawfully held cap17 tive by the Government of North Korea; or 

18 (II) detained in violation of the 1953 

19 Armistice Agreement. 

20 SEC. 403. NORTH KOREA ENFORCEMENT AND HUMANI21 TARIAN FUND. 

22 (a) ESTABLISHMENT.—There is established in the 

23 Treasury of the United States a fund to be known as the 

24 North Korea Enforcement and Humanitarian Fund (re25 ferred to in this section as the ‘‘Fund’’). 

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1 (b) DEPOSITS.—The President shall deposit into the 

2 Fund, and shall transfer and consolidate on the books of 

3 the Treasury in a special account for the purposes de4 scribed in subsection (c), all revenues derived from— 

5 (1) fines and penalties assessed for violations of 

6 this Act, or any regulation established under this 

7 Act, or for any violation of an applicable Executive 

8 order; and 

9 (2) except as provided in section 105(c), all 

10 fines and penalties paid in lieu of the commencement 

11 of, or paid in settlement of, criminal or civil pro12 ceedings for a violation of this Act or any regulation 

13 established under this Act, or for any violation of an 

14 applicable Executive order. 

15 (c) USES.—There are authorized to be appropriated 

16 from the Fund each fiscal year— 

17 (1) such amounts as may be specified in an Act 

18 making appropriations for the administration of the 

19 Fund; and 

20 (2) without regard to fiscal year limitation, 

21 amounts not exceeding— 

22 (A) to carry out section 103 of the North 

23 Korea Human Rights Act of 2004 (22 U.S.C. 

24 7813), $3,000,000; 

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1 (B) to carry out section 104 of the North 

2 Korea Human Rights Act of 2004 (22 U.S.C. 

3 7814), $5,000,000; 

4 (C) to carry out section 203 of the North 

5 Korea Human Rights Act of 2004 (22 U.S.C. 

6 7833), $5,000,000; and 

7 (D) to carry out subsection (d) of section 

8 104 of the North Korean Human Rights Act of 

9 2004 (22 U.S.C. 7814) (as added by section 

10 301 of this Act), $2,000,000. 

11 (d) SATISFACTION OF JUDGMENTS.— 

12 (1) IN GENERAL.—The President may direct a 

13 transfer of funds from the Fund established under 

14 this section to the United States district court in 

15 which any judgment has been entered against the 

16 Government of North Korea pursuant to section 

17 1605A of title 28, United States Code, pursuant to 

18 section 1083(c)(2) of the National Defense Author19 ization Act for Fiscal Year 2008 (28 U.S.C. 1605A 

20 note), or pursuant to section 201 of the Terrorism 

21 Risk Insurance Act of 2002 (28 U.S.C. 1610 note), 

22 such amounts as may be available after the obliga23 tion of amounts appropriated pursuant to the au24 thorization of appropriations under subsection (c), 

25 for the satisfaction of such judgments. 

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1 (2) RULE OF CONSTRUCTION ON STANDING BY

2 JUDGMENT CREDITORS.—Nothing in this section, 

3 any amendment made by section 105, or section 306 

4 shall be construed to create standing by any judg5 ment creditor to contest or intervene in a forfeiture 

6 action under chapter 46 of title 18, United States 

7 Code. 

8 (e) BRIEFING REQUIRED.—Not later than 180 days 

9 after the date of the enactment of this Act, and every 180 

10 days thereafter, the President shall provide a briefing to 

11 the appropriate congressional committees describing 

12 amounts available in the Fund, amounts obligated and ex13 pended for each purpose, and any amounts transferred out 

14 of the Fund. 

15 (f) TRANSFER.—To prevent the accumulation of ex16 cessive surpluses in the Fund, in any fiscal year an 

17 amount specified in an annual appropriation law that is 

18 available after the obligation of amounts authorized to be 

19 appropriated in subsection (c) and authorized to be trans20 ferred in subsection (d), may be transferred out of the 

21 Fund and deposited, in equal proportions, into the funds 

22 established under section 524(c) of title 28, United States 

23 Code, and section 9703 of title 31, United States Code. 

24 (g) SUNSET.—The Fund established under this sec25 tion shall cease to exist on September 30, 2023, and any 

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1 unexpended funds remaining in the Fund after such date 

2 shall be transferred in accordance with subsection (f). 

3 SEC. 404. STRATEGY TO COUNTER NORTH KOREAN 

4 CYBERTERRORISM. 

5 (a) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, the President shall submit 

7 a report to the Committee on Foreign Relations of the 

8 Senate and the Committee on Foreign Affairs of the 

9 House of Representatives on the President’s strategy to 

10 counter North Korea’s efforts to conduct cyberterrorism 

11 and acts of vandalism using computer networks and sys12 tems against the United States. 

13 (b) DESIGNATION OF REVIEW.—The President 

14 shall— 

15 (1) review North Korean activities to attack the 

16 computer networks, servers, and data files of United 

17 States persons, organization, corporations, or gov18 ernmental agencies since January 1, 2014; and 

19 (2) direct the Secretary of the Treasury to des20 ignate any North Korean persons who are respon21 sible for or complicit in, or who have engaged, di22 rectly or indirectly, in the attacks described in para23 graph (1) in accordance with the Executive Order 

24 Blocking the Property of Certain Persons Engaging 

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52 

•S 1747 IS

1 in Significant Malicious Cyber-Enabled Activities of 

2 April 1, 2015. 

3 SEC. 405. RULEMAKING. 

4 (a) IN GENERAL.—The President is authorized to 

5 promulgate such rules and regulations as may be nec6 essary to carry out the provisions of this Act (which may 

7 include regulatory exceptions), including under section 

8 205 of the International Emergency Economic Powers Act 

9 (50 U.S.C. 1704). 

10 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

11 or in any amendment made by this Act may be construed 

12 to limit the authority of the President to designate or 

13 sanction persons pursuant to an applicable Executive 

14 order or otherwise pursuant to the International Emer15 gency Economic Powers Act (50 U.S.C. 1701 et seq.). 

16 SEC. 406. EFFECTIVE DATE. 

17 Except as otherwise provided in this Act, this Act, 

18 and the amendments made by this Act, shall be in effect 

19 during the 3-year period beginning on the date of the en20 actment of this Act. 

Æ 

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