II 

Calendar No. 359 

114TH CONGRESS 

2D SESSION H. R. 757 

IN THE SENATE OF THE UNITED STATES 

JANUARY 19, 2016 

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

FEBRUARY 2, 2016 

Reported by Mr. CORKER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

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 2016’’. 

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. 

Sec. 3. Definitions. 


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TITLE I—INVESTIGATIONS, PROHIBITED CONDUCT, AND 

PENALTIES 

Sec. 101. Statement of policy. 

Sec. 102. Investigations. 

Sec. 103. Briefing to Congress. 

Sec. 104. Designation of persons for prohibited conduct and mandatory and 

discretionary designation and sanctions authorities. 

Sec. 105. Forfeiture of property. 

TITLE II—SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, 

HUMAN RIGHTS ABUSES, ILLICIT ACTIVITIES, AND SIGNIFICANT ACTIVITIES UNDERMINING CYBER SECURITY 

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 inspections authorities. 

Sec. 206. Travel sanctions. 

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

Sec. 208. Report on those responsible for knowingly engaging in significant activities undermining cyber security. 

Sec. 209. Sense of Congress that trilateral cooperation among the United 

States, Japan, and the Republic of Korea is crucial to the stability of the Asia-Pacific region. 

Sec. 210. Report on nuclear program cooperation between North Korea and 

Iran. 

TITLE III—PROMOTION OF HUMAN RIGHTS 

Sec. 301. Information technology. 

Sec. 302. Report on North Korean prison camps. 

Sec. 303. Report on persons who are responsible for serious human rights 

abuses or censorship in North Korea. 

TITLE IV—GENERAL AUTHORITIES 

Sec. 401. Suspension of sanctions and other measures. 

Sec. 402. Termination of sanctions and other measures. 

Sec. 403. Authority to consolidate reports. 

Sec. 404. Regulations. 

Sec. 405. No additional funds authorized. 

Sec. 406. Effective date. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The Government of North Korea has re4 peatedly violated its commitments to the complete, 

5 verifiable, irreversible dismantlement of its nuclear 


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1 weapons programs, and has willfully violated mul2 tiple United Nations Security Council resolutions 

3 calling for it to cease its development, testing, and 

4 production of weapons of mass destruction. 

5 (2) North Korea poses a grave risk for the pro6 liferation of nuclear weapons and other weapons of 

7 mass destruction. 

8 (3) The Government of North Korea has been 

9 implicated repeatedly in money laundering and illicit 

10 activities, including prohibited arms sales, narcotics 

11 trafficking, the counterfeiting of United States cur12 rency, and the counterfeiting of intellectual property 

13 of United States persons. 

14 (4) The Government of North Korea has, both 

15 historically and recently, repeatedly sponsored acts 

16 of international terrorism, including attempts to as17 sassinate defectors and human rights activists, re18 peated threats of violence against foreign persons, 

19 leaders, newspapers, and cities, and the shipment of 

20 weapons to terrorists and state sponsors of ter21 rorism. 

22 (5) North Korea has unilaterally withdrawn 

23 from the 1953 Armistice Agreement that ended the 

24 Korean War, and committed provocations against 

25 South Korea in 2010 by sinking the warship 


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1 Cheonan and killing 46 of her crew, and by shelling 

2 Yeonpyeong Island, killing four South Koreans. 

3 (6) North Korea maintains a system of brutal 

4 political prison camps that contain as many as 

5 120,000 men, women, and children, who live in atro6 cious living conditions with insufficient food, cloth7 ing, and medical care, and under constant fear of 

8 torture or arbitrary execution. 

9 (7) The Congress reaffirms the purposes of the 

10 North Korean Human Rights Act of 2004 contained 

11 in section 4 of such Act (22 U.S.C. 7802). 

12 (8) North Korea has prioritized weapons pro13 grams and the procurement of luxury goods, in defi14 ance of United Nations Security Council resolutions, 

15 and in gross disregard of the needs of its people. 

16 (9) The President has determined that the Gov17 ernment of North Korea is responsible for knowingly 

18 engaging in significant activities undermining cyber 

19 security with respect to United States persons and 

20 interests, and for threats of violence against the ci21 vilian population of the United States. 

22 (10) Persons, including financial institutions, 

23 who engage in transactions with, or provide financial 

24 services to, the Government of North Korea and its 

25 financial institutions without establishing sufficient 


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1 financial safeguards against North Korea’s use of 

2 these transactions to promote proliferation, weapons 

3 trafficking, human rights violations, illicit activity, 

4 and the purchase of luxury goods, aid and abet 

5 North Korea’s misuse of the international financial 

6 system, and also violate the intent of relevant United 

7 Nations Security Council resolutions. 

8 (11) The Government of North Korea’s conduct 

9 poses an imminent threat to the security of the 

10 United States and its allies, to the global economy, 

11 to the safety of members of the United States 

12 Armed Forces, to the integrity of the global financial 

13 system, to the integrity of global nonproliferation 

14 programs, and to the people of North Korea. 

15 (12) The Congress seeks, through this legisla16 tion, to use nonmilitary means to address this crisis, 

17 to provide diplomatic leverage to negotiate necessary 

18 changes in North Korea’s conduct, and to ease the 

19 suffering of the people of North Korea. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) APPLICABLE EXECUTIVE ORDER.—The 

23 term ‘‘applicable Executive order’’ means— 

24 (A) Executive Order No. 13382 (2005), 

25 13466 (2008), 13551 (2010), 13570 (2011), or 


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1 13687 (2015) to the extent that such Executive 

2 order authorizes the imposition of sanctions on 

3 persons for conduct, or prohibits transactions 

4 or activities, involving the Government of North 

5 Korea; or 

6 (B) any Executive order adopted on or 

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

8 the extent that such Executive order authorizes 

9 the imposition of sanctions on persons for con10 duct, or prohibits transactions or activities, in11 volving the Government of North Korea. 

12 (2) APPLICABLE UNITED NATIONS SECURITY

13 COUNCIL RESOLUTION.—The term ‘‘applicable 

14 United Nations Security Council resolution’’ 

15 means— 

16 (A) United Nations Security Council Reso17 lution 1695 (2006), 1718 (2006), 1874 (2009), 

18 2087 (2013), or 2094 (2013); or 

19 (B) any United Nations Security Council 

20 resolution adopted on or after the date of the 

21 enactment of this Act, to the extent that such 

22 resolution authorizes the imposition of sanctions 

23 on persons for conduct, or prohibits trans24 actions or activities, involving the Government 

25 of North Korea. 


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1 (3) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Affairs, the 

5 Committee on Ways and Means, and the Com6 mittee on Financial Services of the House of 

7 Representatives; and 

8 (B) the Committee on Foreign Relations 

9 and the Committee on Banking, Housing, and 

10 Urban Affairs of the Senate. 

11 (4) DESIGNATED PERSON.—The term ‘‘des12 ignated person’’ means a person designated under 

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

14 applying one or more of the sanctions described in 

15 title I or II of this Act with respect to the person. 

16 (5) GOVERNMENT OF NORTH KOREA.—The 

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

18 (A) the Government of the Democratic 

19 People’s Republic of Korea or any political sub20 division, agency, or instrumentality thereof; and 

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

22 acting for or on behalf of, the Government of 

23 the Democratic People’s Republic of Korea. 

24 (6) INTERNATIONAL TERRORISM.—The term 

25 ‘‘international terrorism’’ has the meaning given 


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1 such term in section 140(d) of the Foreign Relations 

2 Authorization Act, Fiscal Years 1988 and 1989 (22 

3 U.S.C. 2656f(d)), and includes the conduct de4 scribed in section 212(a)(3)(B)(iii) of the Immigra5 tion and Nationality Act (8 U.S.C. 

6 1182(a)(3)(B)(iii)), to the extent such conduct in7 volves the citizens of more than one country. 

8 (7) LUXURY GOODS.—The term ‘‘luxury goods’’ 

9 has the meaning given such term in subpart 746.4 

10 of title 15, Code of Federal Regulations, and in11 cludes the items listed in Supplement No. 1 to such 

12 regulation, and any similar items. 

13 (8) MONETARY INSTRUMENT.—The term ‘‘mon14 etary instrument’’ has the meaning given such term 

15 under section 5312 of title 31, United States Code. 

16 (9) NORTH KOREAN FINANCIAL INSTITUTION.— 

17 The term ‘‘North Korean financial institution’’ 

18 means— 

19 (A) a financial institution organized under 

20 the laws of North Korea or any jurisdiction 

21 within North Korea (including a foreign branch 

22 of such institution); 

23 (B) any financial institution located in 

24 North Korea, except as may be excluded from 


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1 such definition by the President in accordance 

2 with section 207(d); 

3 (C) any financial institution, wherever lo4 cated, owned or controlled by the Government 

5 of North Korea; and 

6 (D) any financial institution, wherever lo7 cated, owned or controlled by a financial insti8 tution described in subparagraph (A), (B), or 

9 (C). 

10 (10) OTHER STORES OF VALUE.—The term 

11 ‘‘other stores of value’’ means— 

12 (A) prepaid access devices, tangible or in13 tangible prepaid access devices, or other instru14 ments or devices for the storage or transmission 

15 of value, as defined in part 1010 of title 31, 

16 Code of Federal Regulations; and 

17 (B) any covered goods, as defined in sec18 tion 1027.100 of title 31, Code of Federal Reg19 ulations, and any instrument or tangible or in20 tangible access device used for the storage and 

21 transmission of a representation of covered 

22 goods, or other device, as defined in section 

23 1027.100 of title 31, Code of Federal Regula24 tions. 


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1 (11) PERSON.—The term ‘‘person’’ has the 

2 meaning given such term in section 510.306 of title 

3 31, Code of Federal Regulations. 

4 (12) SIGNIFICANT ACTIVITIES UNDERMINING

5 CYBER SECURITY.—The term ‘‘significant activities 

6 undermining cyber security’’ means— 

7 (A) significant efforts to— 

8 (i) deny access to or degrade, disrupt, 

9 or destroy an information and communica10 tions technology system or network; or 

11 (ii) exfiltrate information from such a 

12 system or network without authorization; 

13 (B) significant destructive malware at14 tacks; 

15 (C) significant denial of service activities; 

16 or 

17 (D) such other significant activities as may 

18 be described in regulations promulgated to im19 plement section 104. 

20 (13) UNITED STATES PERSON.—The term 

21 ‘‘United States person’’ has the meaning given such 

22 term in section 510.311 of title 31, Code of Federal 

23 Regulations. 


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1 TITLE I—INVESTIGATIONS, PRO2 HIBITED CONDUCT, AND PEN3 ALTIES 

4 SEC. 101. STATEMENT OF POLICY. 

5 In order to achieve the peaceful disarmament of 

6 North Korea, Congress finds that it is necessary— 

7 (1) to encourage all states to fully and promptly 

8 implement United Nations Security Council Resolu9 tion 2094 (2013); 

10 (2) to sanction— 

11 (A) persons that facilitate proliferation of 

12 weapons of mass destruction, illicit activities, 

13 arms trafficking, imports of luxury goods, cash 

14 smuggling, censorship, and knowingly engage in 

15 significant activities undermining cyber security 

16 by the Government of North Korea; and 

17 (B) persons that fail to exercise due dili18 gence to ensure that financial institutions do 

19 not facilitate any of the activities described in 

20 subparagraph (A) by the Government of North 

21 Korea; 

22 (3) to deny the Government of North Korea ac23 cess to the funds it uses to obtain nuclear weapons, 

24 ballistic missiles, offensive cyber capabilities, and 


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1 luxury goods instead of providing for the needs of its 

2 people; and 

3 (4) to enforce sanctions in a manner that 

4 avoids any adverse humanitarian impact on the peo5 ple of North Korea to the extent possible and in a 

6 manner that does not unduly constrain the enforce7 ment of such sanctions. 

8 SEC. 102. INVESTIGATIONS. 

9 The President shall initiate an investigation into the 

10 possible designation of a person under section 104(a) upon 

11 receipt by the President of credible information indicating 

12 that such person has engaged in conduct described in sec13 tion 104(a). 

14 SEC. 103. BRIEFING TO CONGRESS. 

15 Not later than 180 days after the date of the enact16 ment of this Act, and periodically thereafter, the President 

17 shall provide to the appropriate congressional committees 

18 a briefing on efforts to implement this Act, to include the 

19 following, to the extent the information is available: 

20 (1) The principal foreign assets and sources of 

21 foreign income of the Government of North Korea. 

22 (2) A list of the persons designated under sub23 sections (a) and (b) of section 104. 

24 (3) A list of the persons with respect to which 

25 sanctions were waived or removed under section 207. 


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1 (4) A summary of any diplomatic efforts made 

2 in accordance with section 202(b) and of the 

3 progress realized from such efforts, including efforts 

4 to encourage the European Union and other states 

5 and jurisdictions to sanction and block the assets of 

6 the Foreign Trade Bank of North Korea and 

7 Daedong Credit Bank. 

8 SEC. 104. DESIGNATION OF PERSONS FOR PROHIBITED 

9 CONDUCT AND MANDATORY AND DISCRE10 TIONARY DESIGNATION AND SANCTIONS AU11 THORITIES. 

12 (a) PROHIBITED CONDUCT AND MANDATORY DES13 IGNATION AND SANCTIONS AUTHORITY.— 

14 (1) CONDUCT DESCRIBED.—Except as provided 

15 in section 207, the President shall designate under 

16 this subsection any person the President determines 

17 to— 

18 (A) have knowingly engaged in significant 

19 activities or transactions with the Government 

20 of North Korea that have materially contrib21 uted to the proliferation of weapons of mass de22 struction or their means of delivery (including 

23 missiles capable of delivering such weapons), in24 cluding any efforts to manufacture, acquire, 


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1 possess, develop, transport, transfer, or use 

2 such items; 

3 (B) have knowingly imported, exported, or 

4 reexported to, into, or from North Korea any 

5 significant arms or related materiel, whether di6 rectly or indirectly; 

7 (C) have knowingly provided significant 

8 training, advice, or other services or assistance, 

9 or engaged in significant transactions, related 

10 to the manufacture, maintenance, or use of any 

11 arms or related materiel to be imported, ex12 ported, or reexported to, into, or from North 

13 Korea, or following their importation, expor14 tation, or reexportation to, into, or from North 

15 Korea, whether directly or indirectly; 

16 (D) have knowingly, directly or indirectly, 

17 imported, exported, or reexported significant 

18 luxury goods to or into North Korea; 

19 (E) have knowingly engaged in or been re20 sponsible for censorship by the Government of 

21 North Korea, including prohibiting, limiting, or 

22 penalizing the exercise of freedom of expression 

23 or assembly, limiting access to print, radio or 

24 other broadcast media, Internet or other elec25 tronic communications, or the facilitation or 


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1 support of intentional frequency manipulation 

2 that would jam or restrict an international sig3 nal; 

4 (F) have knowingly engaged in or been re5 sponsible for serious human rights abuses by 

6 the Government of North Korea, including tor7 ture or cruel, inhuman, or degrading treatment 

8 or punishment, prolonged detention without 

9 charges and trial, forced labor or trafficking in 

10 persons, causing the disappearance of persons 

11 by the abduction and clandestine detention of 

12 those persons, and other denial of the right to 

13 life, liberty, or the security of a person; 

14 (G) have knowingly, directly or indirectly, 

15 engaged in acts of money laundering, the coun16 terfeiting of goods or currency, bulk cash smug17 gling, narcotics trafficking, or other illicit activ18 ity that involves or supports the Government of 

19 North Korea or any senior official thereof, 

20 whether directly or indirectly; or 

21 (H) have knowingly attempted to engage in 

22 any of the conduct described in subparagraphs 

23 (A) through (G) of this paragraph. 


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

2 any person designated under this subsection, the 

3 President— 

4 (A) shall exercise the authorities of the 

5 International Emergency Economic Powers Act 

6 (50 U.S.C. 1705 et seq.) to block all property 

7 and interests in property of any person des8 ignated under this subsection that are in the 

9 United States, that hereafter come within the 

10 United States, or that are or hereafter come 

11 within the possession or control of any United 

12 States person, including any foreign branch; 

13 and 

14 (B) may apply any of the sanctions de15 scribed in sections 204, 205(c), and 206. 

16 (3) PENALTIES.—The penalties provided for in 

17 section 206 of the International Emergency Eco18 nomic Powers Act (50 U.S.C. 1705) shall apply to 

19 a person who violates, attempts to violate, conspires 

20 to violate, or causes a violation of any prohibition 

21 provided for in this subsection, or of an order or reg22 ulation prescribed under this Act, to the same extent 

23 that such penalties apply to a person that commits 

24 an unlawful act described in section 206(a) of that 

25 Act (50 U.S.C. 1705(a)). 


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1 (4) DEFINITION.—In paragraph (1)(F), the 

2 term ‘‘trafficking in persons’’ has the meaning given 

3 the term in section 103(9) of the Trafficking Vic4 tims Protection Act of 2000 (22 U.S.C. 7102(9)). 

5 (b) DISCRETIONARY DESIGNATION AND SANCTIONS

6 AUTHORITY.— 

7 (1) CONDUCT DESCRIBED.—Except as provided 

8 in section 207 and paragraph (3) of this subsection, 

9 the President may designate under this subsection 

10 any person that the President determines to— 

11 (A) have knowingly engaged in, contrib12 uted to, assisted, sponsored, or provided finan13 cial, material or technological support for, or 

14 goods and services in support of, any violation 

15 of, or evasion of, an applicable United Nations 

16 Security Council resolution; 

17 (B) have knowingly facilitated the transfer 

18 of any funds, financial assets, or economic re19 sources of, or property or interests in property 

20 of a person designated under an applicable Ex21 ecutive order, or by the United Nations Secu22 rity Council pursuant to an applicable United 

23 Nations Security Council resolution; 

24 (C) have knowingly facilitated the transfer 

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1 sources, or any property or interests in property 

2 derived from, involved in, or that has materially 

3 contributed to conduct prohibited by subsection 

4 (a) or an applicable United Nations Security 

5 Council resolution; 

6 (D) have knowingly facilitated any trans7 action, including any transaction in bulk cash 

8 or other stores of value, without applying en9 hanced monitoring to ensure that such trans10 action does not contribute materially to conduct 

11 described in subsection (a) an applicable Execu12 tive order, or an applicable United Nations Se13 curity Council resolution; 

14 (E) have knowingly facilitated any trans15 actions in cash or monetary instruments or 

16 other stores of value, including through cash 

17 couriers transiting to or from North Korea, 

18 used to facilitate any conduct prohibited by an 

19 applicable United Nations Security Council res20 olution; 

21 (F) have knowingly, directly or indirectly, 

22 engaged in significant activities undermining 

23 cyber security for, in support of on behalf of, 

24 the Government of North Korea or any senior 

25 official thereof, or have knowingly contributed 


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1 to the bribery of an official of the Government 

2 of North Korea, the misappropriation, theft, or 

3 embezzlement of public funds by, or for the 

4 benefit of, an official of the Government of 

5 North Korea, or the use of any proceeds of any 

6 such conduct; or 

7 (G) have knowingly and materially as8 sisted, sponsored, or provided significant finan9 cial, material, or technological support for, or 

10 goods or services to or in support of, the con11 duct described in subparagraphs (A) through 

12 (F) of this paragraph or the conduct described 

13 in subparagraphs (A) through (G) of subsection 

14 (a)(1). 

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

16 any person designated under this subsection, the 

17 President— 

18 (A) may apply the sanctions described in 

19 section 204; 

20 (B) may apply any of the special measures 

21 described in section 5318A of title 31, United 

22 States Code; 

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1 tion of the United States and in which such 

2 person has any interest; 

3 (D) may prohibit any transfers of credit or 

4 payments between financial institutions or by, 

5 through, or to any financial institution, to the 

6 extent that such transfers or payments are sub7 ject to the jurisdiction of the United States and 

8 involve any interest of the person; and 

9 (E) may exercise the authorities of the 

10 International Emergency Economic Powers Act 

11 (50 U.S.C. 1705 et seq.) without regard to sec12 tion 202 of such Act to block any property and 

13 interests in property of any person designated 

14 under this subsection that are in the United 

15 States, that hereafter come within the United 

16 States, or that are or hereafter come within the 

17 possession or control of any United States per18 son, including any foreign branch. 

19 (3) LIMITATION.—If the President determines 

20 that a person has engaged in any conduct described 

21 in subparagraphs (A) through (F) of paragraph (1) 

22 that may also be construed to constitute conduct de23 scribed in subparagraphs (A) through (H) of sub24 section (a)(1), the President may not designate the 


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1 person under this subsection but rather shall des2 ignate the person under subsection (a). 

3 (c) BLOCKING OF ALL PROPERTY AND INTERESTS

4 IN PROPERTY OF THE GOVERNMENT OF NORTH KOREA

5 AND THE WORKER’S PARTY OF KOREA.—Except as pro6 vided in section 207, the President shall exercise the au7 thorities of the International Emergency Economic Pow8 ers Act (50 U.S.C. 1705 et seq.) to block all property and 

9 interests in property of the Government of North Korea 

10 or the Worker’s Party of Korea that on or after the date 

11 of the enactment of this Act come within the United 

12 States, or that come within the possession or control of 

13 any United States person, including any foreign branch. 

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

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

16 and interests in property under subsection (c) shall also 

17 apply with respect to a person who is determined to be 

18 owned or controlled by, or to have acted or purported to 

19 act for or on behalf of, directly or indirectly, any person 

20 whose property and interests in property are blocked pur21 suant to this section. 

22 (e) LICENSING.— 

23 (1) LICENSE REQUIRED.—Not later than 180 

24 days after the date of enactment of this Act, the 

25 President shall promulgate regulations prohibiting 


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1 United States persons from engaging in any trans2 action involving any property or services— 

3 (A) in which the Government of North 

4 Korea has an interest; 

5 (B) located in North Korea; 

6 (C) of North Korean origin; or 

7 (D) knowingly transferred, directly or indi8 rectly, to the Government of North Korea. 

9 (2) TRANSACTION LICENSING.—The President 

10 shall deny or revoke any license for any transaction 

11 that, in the determination of the President, lacks 

12 sufficient financial controls to ensure that such 

13 transaction will not facilitate any of the conduct de14 scribed in subsection (a) or subsection (b). 

15 (3) LICENSING AUTHORIZATION.—The Presi16 dent may issue regulations to authorize— 

17 (A) transactions for the purposes described 

18 in section 207; and 

19 (B) transactions and activities authorized 

20 under North Korean Human Rights Act of 

21 2004 (22 U.S.C. 7801 et seq.). 

22 SEC. 105. FORFEITURE OF PROPERTY. 

23 (a) AMENDMENT TO PROPERTY SUBJECT TO FOR24 FEITURE.—Section 981(a)(1) of title 18, United States 


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1 Code, is amended by adding at the end the following new 

2 subparagraph: 

3 ‘‘(I) Any property, real or personal, that is in4 volved in a violation or attempted violation, or which 

5 constitutes or is derived from proceeds traceable to 

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

7 Sanctions Enforcement Act of 2016.’’. 

8 (b) AMENDMENT TO DEFINITION OF CIVIL FOR9 FEITURE STATUTE.—Section 983(i)(2)(D) of title 18, 

10 United States Code, is amended— 

11 (1) by striking ‘‘or the International Emergency 

12 Economic Powers Act’’ and inserting ‘‘, the Inter13 national Emergency Economic Powers Act’’; and 

14 (2) by adding at the end before the semicolon 

15 the following: ‘‘, or the North Korea Sanctions En16 forcement Act of 2016’’. 

17 (c) AMENDMENT TO DEFINITION OF SPECIFIED UN18 LAWFUL ACTIVITY.—Section 1956(c)(7)(D) of title 18, 

19 United States Code, is amended— 

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

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

22 the Atomic Energy Act of 1954’’; and 

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

24 section 104(a) of the North Korea Sanctions En25 forcement Act of 2016;’’. 


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1 TITLE II—SANCTIONS AGAINST 

2 NORTH KOREAN PROLIFERA3 TION, HUMAN RIGHTS 

4 ABUSES, ILLICIT ACTIVITIES, 

5 AND SIGNIFICANT ACTIVITIES 

6 UNDERMINING CYBER SECU7 RITY 

8 SEC. 201. DETERMINATIONS WITH RESPECT TO NORTH 

9 KOREA AS A JURISDICTION OF PRIMARY 

10 MONEY LAUNDERING CONCERN. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) The Undersecretary of the Treasury for 

14 Terrorism and Financial Intelligence, who is respon15 sible for safeguarding the financial system against il16 licit use, money laundering, terrorist financing, and 

17 the proliferation of weapons of mass destruction, has 

18 repeatedly expressed concern about North Korea’s 

19 misuse of the international financial system as fol20 lows: 

21 (A) In 2006, the Undersecretary stated 

22 that, given North Korea’s ‘‘counterfeiting of 

23 U.S. currency, narcotics trafficking and use of 

24 accounts worldwide to conduct proliferation-re25 lated transactions, the line between illicit and 


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1 licit North Korean money is nearly invisible’’ 

2 and urged financial institutions worldwide to 

3 ‘‘think carefully about the risks of doing any 

4 North Korea-related business.’’. 

5 (B) In 2011, the Undersecretary stated 

6 that ‘‘North Korea remains intent on engaging 

7 in proliferation, selling arms as well as bringing 

8 in material,’’ and was ‘‘aggressively pursuing 

9 the effort to establish front companies.’’. 

10 (C) In 2013, the Undersecretary stated, in 

11 reference to North Korea’s distribution of high12 quality counterfeit United States currency, that 

13 ‘‘North Korea is continuing to try to pass a 

14 supernote into the international financial sys15 tem,’’ and that the Department of the Treasury 

16 would soon introduce new currency with im17 proved security features to protect against 

18 counterfeiting by the Government of North 

19 Korea. 

20 (2) The Financial Action Task Force, an inter21 governmental body whose purpose is to develop and 

22 promote national and international policies to com23 bat money laundering and terrorist financing, has 

24 repeatedly— 


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1 (A) expressed concern at deficiencies in 

2 North Korea’s regimes to combat money laun3 dering and terrorist financing; 

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

5 action to address significant deficiencies in 

6 these regimes and the serious threat they pose 

7 to the integrity of the international financial 

8 system; 

9 (C) urged all jurisdictions to apply coun10 termeasures to protect the international finan11 cial system from ongoing and substantial money 

12 laundering and terrorist financing risks ema13 nating from North Korea; 

14 (D) urged all jurisdictions to advise their 

15 financial institutions to give special attention to 

16 business relationships and transactions with 

17 North Korea, including North Korean compa18 nies and financial institutions; and 

19 (E) called on all jurisdictions to protect 

20 against correspondent relationships being used 

21 to bypass or evade countermeasures and risk 

22 mitigation practices, and take into account 

23 money laundering and terrorist financing risks 

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1 nancial institutions to open branches and sub2 sidiaries in their jurisdiction. 

3 (3) On March 7, 2013, the United Nations Se4 curity Council unanimously adopted Resolution 

5 2094, which— 

6 (A) welcomed the Financial Action Task 

7 Force’s recommendation on financial sanctions 

8 related to proliferation, and its guidance on the 

9 implementation of sanctions; 

10 (B) decided that Member States should 

11 apply enhanced monitoring and other legal 

12 measures to prevent the provision of financial 

13 services or the transfer of property that could 

14 contribute to activities prohibited by applicable 

15 United Nations Security Council resolutions; 

16 and 

17 (C) called on Member States to prohibit 

18 North Korean banks from establishing or main19 taining correspondent relationships with banks 

20 in their jurisdictions, to prevent the provision of 

21 financial services, if they have information that 

22 provides reasonable grounds to believe that 

23 these activities could contribute to activities 

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1 curity Council resolution, or to the evasion of 

2 such prohibitions. 

3 (b) SENSE OF CONGRESS REGARDING THE DESIGNA4 TION OF NORTH KOREA AS A JURISDICTION OF PRIMARY

5 MONEY LAUNDERING CONCERN.—Congress— 

6 (1) acknowledges the efforts of the United Na7 tions Security Council to impose limitations on, and 

8 require enhanced monitoring of, transactions involv9 ing North Korean financial institutions that could 

10 contribute to sanctioned activities; 

11 (2) urges the President, in the strongest terms, 

12 to immediately designate North Korea as a jurisdic13 tion of primary money laundering concern, and to 

14 adopt stringent special measures to safeguard the fi15 nancial system against the risks posed by North Ko16 rea’s willful evasion of sanctions and its illicit activi17 ties; and 

18 (3) urges the President to seek the prompt im19 plementation by other states of enhanced monitoring 

20 and due diligence to prevent North Korea’s misuse 

21 of the international financial system, including by 

22 sharing information about activities, transactions, 

23 and property that could contribute to activities sanc24 tioned by applicable United Nations Security Council 

25 resolutions, or to the evasion of sanctions. 


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1 (c) DETERMINATIONS REGARDING NORTH KOREA.— 

2 (1) IN GENERAL.—The Secretary of the Treas3 ury shall, not later than 180 days after the date of 

4 the enactment of this Act, determine, in consultation 

5 with the Secretary of State and Attorney General, 

6 and in accordance with section 5318A of title 31, 

7 United States Code, whether reasonable grounds 

8 exist for concluding that North Korea is a jurisdic9 tion of primary money laundering concern. 

10 (2) SPECIAL MEASURES.—If the Secretary of 

11 the Treasury determines under this subsection that 

12 reasonable grounds exist for finding that North 

13 Korea is a jurisdiction of primary money laundering 

14 concern, the Secretary of the Treasury, in consulta15 tion with the Federal functional regulators, shall im16 pose one or more of the special measures described 

17 in paragraphs (1) through (5) of section 5318A(b) 

18 of title 31, United States Code, with respect to the 

19 jurisdiction of North Korea. 

20 (3) REPORT REQUIRED.— 

21 (A) IN GENERAL.—If the Secretary of the 

22 Treasury determines that North Korea is a ju23 risdiction of primary money laundering concern, 

24 the Secretary of the Treasury shall, not later 

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1 retary makes such determination, submit to the 

2 appropriate congressional committees a report 

3 on the determination made under paragraph (1) 

4 together with the reasons for that determina5 tion. 

6 (B) FORM.—A report or copy of any re7 port submitted under this paragraph shall be 

8 submitted in unclassified form but may contain 

9 a classified annex. 

10 SEC. 202. ENSURING THE CONSISTENT ENFORCEMENT OF 

11 UNITED NATIONS SECURITY COUNCIL RESO12 LUTIONS AND FINANCIAL RESTRICTIONS ON 

13 NORTH KOREA. 

14 (a) FINDINGS.—Congress finds that— 

15 (1) all states and jurisdictions are obligated to 

16 implement and enforce applicable United Nations 

17 Security Council resolutions fully and promptly, in18 cluding by— 

19 (A) blocking the property of, and ensuring 

20 that any property is prevented from being made 

21 available to, persons designated by the Security 

22 Council under applicable United Nations Secu23 rity Council resolutions; 


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1 (B) blocking any property associated with 

2 an activity prohibited by applicable United Na3 tions Security Council resolutions; and 

4 (C) preventing any transfer of property 

5 and any provision of financial services that 

6 could contribute to an activity prohibited by ap7 plicable United Nations Security Council resolu8 tions, or to the evasion of sanctions under such 

9 resolutions; 

10 (2) all states and jurisdictions share a common 

11 interest in protecting the international financial sys12 tem from the risks of money laundering and illicit 

13 transactions emanating from North Korea; 

14 (3) the United States Dollar and the Euro are 

15 the world’s principal reserve currencies, and the 

16 United States and the European Union are pri17 marily responsible for the protection of the inter18 national financial system from these risks; 

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

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

21 is essential to the enforcement of applicable United 

22 Nations Security Council resolutions and to the pro23 tection of the international financial system; 

24 (5) the report of the Panel of Experts estab25 lished pursuant to United Nations Security Council 


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1 Resolution 1874, dated June 11, 2013, expressed 

2 concern about the ability of banks in states with less 

3 effective regulators and those unable to afford effec4 tive compliance to detect and prevent illicit transfers 

5 involving North Korea; 

6 (6) North Korea has historically exploited in7 consistencies between jurisdictions in the interpreta8 tion and enforcement of financial regulations and 

9 applicable United Nations Security Council resolu10 tions to circumvent sanctions and launder the pro11 ceeds of illicit activities; 

12 (7) Amroggang Development Bank, Bank of 

13 East Land, and Tanchon Commercial Bank have 

14 been designated by the Secretary of the Treasury, 

15 the United Nations Security Council, and the Euro16 pean Union; 

17 (8) Korea Daesong Bank and Korea Kwangson 

18 Banking Corporation have been designated by the 

19 Secretary of the Treasury and the European Union; 

20 (9) the Foreign Trade Bank of North Korea 

21 has been designated by the Secretary of the Treas22 ury for facilitating transactions on behalf of persons 

23 linked to its proliferation network, and for serving as 

24 ‘‘a key financial node’’; and 


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1 (10) Daedong Credit Bank has been designated 

2 by the Secretary of the Treasury for activities pro3 hibited by applicable United Nations Security Coun4 cil resolutions, including the use of deceptive finan5 cial practices to facilitate transactions on behalf of 

6 persons linked to North Korea’s proliferation net7 work. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that the President should intensify diplomatic ef10 forts, both in appropriate international fora such as the 

11 United Nations and bilaterally, to develop and implement 

12 a coordinated, consistent, multilateral strategy for pro13 tecting the global financial system against risks emanating 

14 from North Korea, including— 

15 (1) the cessation of any financial services whose 

16 continuation is inconsistent with applicable United 

17 Nations Security Council resolutions; 

18 (2) the cessation of any financial services to 

19 persons, including financial institutions, that present 

20 unacceptable risks of facilitating money laundering 

21 and illicit activity by the Government of North 

22 Korea; 

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

24 in accordance with the legal process of the state or 

25 jurisdiction in which the property is held, of any 


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1 property required to be blocked under applicable 

2 United Nations Security Council resolutions; 

3 (4) the blocking of any property derived from il4 licit activity, from significant activities undermining 

5 cyber security, from the misappropriation, theft, or 

6 embezzlement of public funds by, or for the benefit 

7 of, officials of the Government of North Korea; 

8 (5) the blocking of any property involved in sig9 nificant activities undermining cyber security by the 

10 Government of North Korea, directly or indirectly, 

11 against United States persons, or the theft of intel12 lectual property by the Government of North Korea, 

13 directly or indirectly from United States persons; 

14 and 

15 (6) the blocking of any property of persons di16 rectly or indirectly involved in censorship or human 

17 rights abuses by the Government of North Korea. 

18 SEC. 203. PROLIFERATION PREVENTION SANCTIONS. 

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

20 (1) IN GENERAL.—Subject to section 

21 207(a)(2)(C) of this Act, a license shall be required 

22 for the export to North Korea of any goods or tech23 nology subject to the Export Administration Regula24 tions (part 730 of title 15, Code of Federal Regula25 tions) without regard to whether the Secretary of 


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1 State has designated North Korea as a country the 

2 government of which has provided support for acts 

3 of international terrorism, as determined by the Sec4 retary of State under section 6(j) of the Export Ad5 ministration Act of 1979 (50 U.S.C. App. 2045), as 

6 continued in effect under the International Emer7 gency Economic Powers Act. 

8 (2) PRESUMPTION OF DENIAL.—A license for 

9 the export to North Korea of any goods or tech10 nology as described in paragraph (1) shall be subject 

11 to a presumption of denial. 

12 (b) TRANSACTIONS WITH COUNTRIES SUPPORTING

13 ACTS OF INTERNATIONAL TERRORISM.— 

14 (1) ARMS EXPORT CONTROL ACT PROHIBI15 TIONS.—The prohibitions and restrictions described 

16 in section 40 of the Arms Export Control Act (22 

17 U.S.C. 2780), and other provisions provided for in 

18 that Act, shall also apply to exporting or otherwise 

19 providing (by sale, lease or loan, grant, or other 

20 means), directly or indirectly, any munitions item to 

21 the Government of North Korea without regard to 

22 whether or not North Korea is a country with re23 spect to which subsection (d) of such section (relat24 ing to designation of state sponsors of terrorism) ap25 plies. 


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1 (2) FINANCIAL TRANSACTIONS.—Except as pro2 vided in section 207 of this Act and the North Ko3 rean Human Rights Act of 2004 (22 U.S.C. 7801 

4 et seq.), the penalties provided for in section 2332d 

5 of title 18, United States Code, shall apply to a 

6 United States person that engages in a financial 

7 transaction with the Government of North Korea on 

8 or after the date of the enactment of this Act to the 

9 same extent that such penalties apply to a United 

10 States citizen that commits an unlawful act de11 scribed in section 2332d of title 18, United States 

12 Code. 

13 (c) TRANSACTIONS IN LETHAL MILITARY EQUIP14 MENT.— 

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

16 assistance under the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2151 et seq.) to any country that pro18 vides lethal military equipment to, or receives lethal 

19 military equipment from, the Government of North 

20 Korea. 

21 (2) APPLICABILITY.—The prohibition under 

22 this subsection with respect to a country shall termi23 nate on the date that is 1 year after the date on 

24 which such country ceases to provide lethal military 

25 equipment to the Government of North Korea. 


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1 (3) WAIVER.—The President may, on a case2 by-case basis, waive the prohibition under this sub3 section with respect to a country for a period of not 

4 more than 180 days, and may renew the waiver for 

5 additional periods of not more than 180 days, if the 

6 President determines and so reports to the appro7 priate congressional committees that it is vital to the 

8 national security interests of the United States to 

9 exercise such waiver authority. 

10 SEC. 204. PROCUREMENT SANCTIONS. 

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

12 the United States Government may not procure, or enter 

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

14 services from any designated person. 

15 (b) FAR.—The Federal Acquisition Regulation 

16 issued pursuant to section 1303 of title 41, United States 

17 Code, shall be revised to require a certification from each 

18 person that is a prospective contractor that such person 

19 does not engage in any of the conduct described in sub20 section (a) or (b) of section 104. Such revision shall apply 

21 with respect to contracts in an amount greater than the 

22 simplified acquisition threshold (as defined in section 134 

23 of title 41, United States Code) for which solicitations are 

24 issued on or after the date that is 90 days after the date 

25 of the enactment of this Act. 


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1 (c) TERMINATION OF CONTRACTS AND INITIATION

2 OF SUSPENSION AND DEBARMENT PROCEEDING.— 

3 (1) TERMINATION OF CONTRACTS.—Except as 

4 provided in paragraph (2), the head of an executive 

5 agency shall terminate a contract with a person who 

6 has provided a false certification under subsection 

7 (b). 

8 (2) WAIVER.—The head of an executive agency 

9 may waive the requirement under paragraph (1) 

10 with respect to a person based upon a written find11 ing of urgent and compelling circumstances signifi12 cantly affecting the interests of the United States. If 

13 the head of an executive agency waives the require14 ment under paragraph (1) for a person, the head of 

15 the agency shall submit to the appropriate congres16 sional committees, within 30 days after the waiver is 

17 made, a report containing the rationale for the waiv18 er and relevant information supporting the waiver 

19 decision. 

20 (3) INITIATION OF SUSPENSION AND DEBAR21 MENT PROCEEDING.—The head of an executive 

22 agency shall initiate a suspension and debarment 

23 proceeding against a person who has provided a 

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1 barment, the agency shall ensure that such person 

2 is entered into the Governmentwide database con3 taining the list of all excluded parties ineligible for 

4 Federal programs pursuant to Executive Order No. 

5 12549 (31 U.S.C. 6101 note; relating to debarment 

6 and suspension) and Executive Order No. 12689 (31 

7 U.S.C. 6101 note; relating to debarment and sus8 pension). 

9 (d) CLARIFICATION REGARDING CERTAIN PROD10 UCTS.—The remedies specified in subsections (a) through 

11 (c) shall not apply with respect to the procurement of eligi12 ble products, as defined in section 308(4) of the Trade 

13 Agreements Act of 1979 (19 U.S.C. 2518(4)), of any for14 eign country or instrumentality designated under section 

15 301(b) of such Act (19 U.S.C. 2511(b)). 

16 (e) RULE OF CONSTRUCTION.—Nothing in this sub17 section may be construed to limit the use of other remedies 

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

19 official of the Federal Government on the basis of a deter20 mination of a false certification under subsection (b). 

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

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

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


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1 SEC. 205. ENHANCED INSPECTIONS AUTHORITIES. 

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

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

4 days thereafter, the President, acting through the Sec5 retary of Homeland Security, shall submit to the appro6 priate congressional committees, the Committee on Home7 land Security of the House of Representatives, and the 

8 Committee on Homeland Security and Governmental Af9 fairs of the Senate, a report identifying foreign sea ports 

10 and airports whose inspections of ships, aircraft, and con11 veyances originating in North Korea, carrying North Ko12 rean property, or operated by the Government of North 

13 Korea are deficient to effectively prevent the facilitation 

14 of any of the activities described in section 104(a). 

15 (b) ENHANCED SECURITY TARGETING REQUIRE16 MENTS.—Not later than 180 days after the identification 

17 of any sea port or airport pursuant to subsection (a), the 

18 Secretary of Homeland Security shall, utilizing the Auto19 mated Targeting System operated by the National Tar20 geting Center in U.S. Customs and Border Protection, re21 quire enhanced screening procedures to determine if phys22 ical inspections are warranted of any cargo bound for or 

23 landed in the United States that has been transported 

24 through such sea port or airport if there are reasonable 

25 grounds to believe that such cargo contains goods prohib26 ited under this Act. 


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

2 or conveyance used to facilitate any of the activities de3 scribed in section 104(a) that comes within the jurisdic4 tion of the United States may be seized and forfeited 

5 under chapter 46 of title 18, United States Code, or under 

6 the Tariff Act of 1930. 

7 SEC. 206. TRAVEL SANCTIONS. 

8 (a) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR

9 PAROLE.— 

10 (1) VISAS, ADMISSION, OR PAROLE.—An alien 

11 (or an alien who is a corporate officer of a person) 

12 who the Secretary of State or the Secretary of 

13 Homeland Security (or a designee of one of such 

14 Secretaries) knows, or has reasonable grounds to be15 lieve, is described in subsection (a)(1) or (b)(1) of 

16 section 104 is— 

17 (A) inadmissible to the United States; 

18 (B) ineligible to receive a visa or other doc19 umentation to enter the United States; and 

20 (C) otherwise ineligible to be admitted or 

21 paroled into the United States or to receive any 

22 other benefit under the Immigration and Na23 tionality Act (8 U.S.C. 1101 et seq.). 

24 (2) CURRENT VISAS REVOKED.— 


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1 (A) IN GENERAL.—The issuing consular 

2 officer, the Secretary of State, or the Secretary 

3 of Homeland Security (or a designee of one of 

4 such Secretaries) shall revoke any visa or other 

5 entry documentation issued to an alien who is 

6 described in subsection (a)(1) or (b)(1) of sec7 tion 104 regardless of when issued. 

8 (B) EFFECT OF REVOCATION.—A revoca9 tion under subparagraph (A)— 

10 (i) shall take effect immediately; and 

11 (ii) shall automatically cancel any 

12 other valid visa or entry documentation 

13 that is in the alien’s possession. 

14 (b) EXCEPTION TO COMPLY WITH UNITED NATIONS

15 HEADQUARTERS AGREEMENT.—Sanctions under sub16 section (a)(1)(B) shall not apply to an alien if admitting 

17 the alien into the United States is necessary to permit the 

18 United States to comply with the Agreement regarding the 

19 Headquarters of the United Nations, signed at Lake Suc20 cess June 26, 1947, and entered into force November 21, 

21 1947, between the United Nations and the United States, 

22 or other applicable international obligations. 

23 SEC. 207. EXEMPTIONS, WAIVERS, AND REMOVALS OF DES24 IGNATION. 

25 (a) EXEMPTIONS.— 


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1 (1) MANDATORY EXEMPTIONS.—The following 

2 activities shall be exempt from sanctions under sec3 tion 104: 

4 (A) Activities subject to the reporting re5 quirements of title V of the National Security 

6 Act of 1947 (50 U.S.C. 413 et seq.), or to any 

7 authorized intelligence activities of the United 

8 States. 

9 (B) Any transaction necessary to comply 

10 with United States obligations under the Agree11 ment between the United Nations and the 

12 United States of America regarding the Head13 quarters of the United Nations, signed June 

14 26, 1947, and entered into force on November 

15 21, 1947, or under the Vienna Convention on 

16 Consular Relations, signed April 24, 1963, and 

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

18 other international agreements. 

19 (2) DISCRETIONARY EXEMPTIONS.—The fol20 lowing activities may be exempt from sanctions 

21 under section 104 as determined by the President: 

22 (A) Any financial transaction the exclusive 

23 purpose for which is to provide humanitarian 

24 assistance to the people of North Korea. 


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1 (B) Any financial transaction the exclusive 

2 purpose for which is to import food products 

3 into North Korea, if such food items are not de4 fined as luxury goods. 

5 (C) Any transaction the exclusive purpose 

6 for which is to import agricultural products, 

7 medicine, or medical devices into North Korea, 

8 provided that such supplies or equipment are 

9 classified as designated ‘‘EAR 99’’ under the 

10 Export Administration Regulations (part 730 of 

11 title 15, Code of Federal Regulations) and not 

12 controlled under— 

13 (i) the Export Administration Act of 

14 1979 (50 U.S.C. App. 2401 et seq.), as 

15 continued in effect under the International 

16 Emergency Economic Powers Act (50 

17 U.S.C. 1701 et seq.); 

18 (ii) the Arms Export Control Act (22 

19 U.S.C. 2751 et seq.); 

20 (iii) part B of title VIII of the Nu21 clear Proliferation Prevention Act of 1994 

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

23 (iv) the Chemical and Biological 

24 Weapons Control and Warfare Elimination 

25 Act of 1991 (22 U.S.C. 5601 et seq.). 


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1 (b) WAIVER.—The President may waive, on a case2 by-case basis, the imposition of sanctions for a period of 

3 not more than 1 year, and may renew that waiver for addi4 tional periods of not more than 1 year, any sanction or 

5 other measure under section 104, 204, 205, 206, or 303 

6 if the President submits to the appropriate congressional 

7 committees a written determination that the waiver meets 

8 one or more of the following requirements: 

9 (1) The waiver is important to the economic or 

10 national security 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) REMOVALS OF SANCTIONS.—The President may 

19 prescribe rules and regulations for the removal of sanc20 tions on a person that is designated under subsection (a) 

21 or (b) of section 104 and the removal of designations of 

22 a person with respect to such sanctions if the President 

23 determines that the designated person has verifiably 

24 ceased its participation in any of the conduct described 

25 in subsection (a) or (b) of section 104, as the case may 


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1 be, and has given assurances that it will abide by the re2 quirements of this Act. 

3 (d) FINANCIAL SERVICES FOR CERTAIN ACTIVI4 TIES.—The President may promulgate regulations, rules, 

5 and policies as may be necessary to facilitate the provision 

6 of financial services by a foreign financial institution that 

7 is not controlled by the Government of North Korea in 

8 support of the activities subject to exemption under this 

9 section. 

10 SEC. 208. REPORT ON THOSE RESPONSIBLE FOR KNOW11 INGLY ENGAGING IN SIGNIFICANT ACTIVI12 TIES UNDERMINING CYBER SECURITY. 

13 (a) IN GENERAL.—The President shall submit to the 

14 appropriate congressional committees a report on signifi15 cant activities undermining cyber security conducted, or 

16 otherwise ordered or controlled, directly or indirectly, by 

17 the Government of North Korea, including— 

18 (1) the identity and nationality of persons that 

19 have knowingly engaged in, directed, or provided 

20 material support to significant activities under21 mining cyber security by the Government of North 

22 Korea; 

23 (2) the conduct engaged in by each person iden24 tified; 


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1 (3) the extent to which a foreign government 

2 has provided material support to significant activi3 ties undermining cyber security conducted, or other4 wise ordered or controlled by, the Government of 

5 North Korea; and 

6 (4) the efforts made by the United States to en7 gage foreign governments to halt the capability of 

8 North Korea to conduct significant activities under9 mining cyber security. 

10 (b) SUBMISSION AND FORM.— 

11 (1) SUBMISSION.—The report required under 

12 subsection (a) shall be submitted not later than 90 

13 days after the date of enactment of this Act, and 

14 every 180 days thereafter for a period not to exceed 

15 3 years. 

16 (2) FORM.—The report required under sub17 section (a) shall be submitted in an unclassified 

18 form, but may contain a classified annex. 

19 SEC. 209. SENSE OF CONGRESS THAT TRILATERAL CO20 OPERATION AMONG THE UNITED STATES, 

21 JAPAN, AND THE REPUBLIC OF KOREA IS 

22 CRUCIAL TO THE STABILITY OF THE ASIA-PA23 CIFIC REGION. 

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


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1 (1) The United States, Japan, and the Republic 

2 of Korea (South Korea) share the values of democ3 racy, free and open markets, the rule of law, and re4 spect for human rights. 

5 (2) The alliance relationship between the 

6 United States, Japan, and South Korea are critical 

7 to peace and security in the Asia-Pacific region. 

8 (3) The United States, Japan, and South Korea 

9 are committed to continuing diplomatic efforts to en10 sure continued peace and stability in the Asia-Pa11 cific region. 

12 (4) On December 28, 2014, the United States, 

13 Japan, and South Korea finalized a trilateral mili14 tary intelligence-sharing arrangement concerning the 

15 nuclear and missile threats posed by North Korea. 

16 (5) The trilateral military intelligence-sharing 

17 arrangement reinforces and strengthens the commit18 ment between the United States, Japan, and South 

19 Korea toward a Korean Peninsula free of nuclear 

20 weapons. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that North Korea’s nuclear and ballistic missile pro23 grams are of mutual concern to the United States, Japan, 

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1 sharing arrangement is essential to the security of each 

2 nation and the Asia-Pacific region. 

3 SEC. 210. REPORT ON NUCLEAR PROGRAM COOPERATION 

4 BETWEEN NORTH KOREA AND IRAN. 

5 (a) IN GENERAL.—The President shall submit to the 

6 Committee on Foreign Affairs of the House of Representa7 tives and the Committee on Foreign Relations of the Sen8 ate a report on cooperation between North Korea and Iran 

9 on their nuclear programs, including the identity of Ira10 nian and North Korean persons that have knowingly en11 gaged in or directed the provision of material support or 

12 the exchange of information between North Korea and 

13 Iran on their respective nuclear programs. 

14 (b) SUBMISSION AND FORM.— 

15 (1) SUBMISSION.—The report required under 

16 subsection (a) shall be submitted not later than 90 

17 days after the date of enactment of this Act. 

18 (2) FORM.—The report required under sub19 section (a) shall be submitted in an unclassified 

20 form, but may contain a classified annex. 

21 TITLE III—PROMOTION OF 

22 HUMAN RIGHTS 

23 SEC. 301. INFORMATION TECHNOLOGY. 

24 Section 104 of the North Korean Human Rights Act 

25 of 2004 (22 U.S.C. 7814) is amended— 


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1 (1) in subsection (a), by striking ‘‘radios capa2 ble of receiving broadcasting’’ and inserting ‘‘radio, 

3 Internet, and electronic mass communications capa4 ble of receiving content’’; and 

5 (2) by adding after subsection (c) the following 

6 new subsection: 

7 ‘‘(d) INFORMATION TECHNOLOGY STUDY.— 

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

9 after the date of the enactment of this subsection, 

10 the President shall submit to the appropriate con11 gressional committees a report setting forth a de12 tailed plan for making unrestricted, unmonitored, 

13 and inexpensive, radio, Internet, and electronic mass 

14 communications available to the people of North 

15 Korea. 

16 ‘‘(2) FORM.—The report required by paragraph 

17 (1) shall be submitted in unclassified form, but may 

18 contain a classified annex.’’. 

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

20 (a) IN GENERAL.—The Secretary of State shall sub21 mit to the appropriate congressional committees a report 

22 describing, with respect to each political prison camp in 

23 North Korea to the extent information is available— 

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

25 (2) the camp’s geographical coordinates; 


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1 (3) the reasons for confinement of the pris2 oners; 

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

4 and the end users of any goods produced in such 

5 camp; 

6 (5) the natural persons and agencies respon7 sible for conditions in the camp; 

8 (6) the conditions under which prisoners are 

9 confined, with respect to the adequacy of food, shel10 ter, medical care, working conditions, and reports of 

11 ill-treatment of prisoners; and 

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

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

14 compromise the sources and methods used by the in15 telligence agencies of the United States to capture 

16 geospatial imagery. 

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

18 may be included in the first report required to be sub19 mitted to Congress after the date of the enactment of this 

20 Act under sections 116(d) and 502B(b) of the Foreign As21 sistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) 

22 (relating to the annual human rights report). 


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1 SEC. 303. REPORT ON PERSONS WHO ARE RESPONSIBLE 

2 FOR SERIOUS HUMAN RIGHTS ABUSES OR 

3 CENSORSHIP IN NORTH KOREA. 

4 (a) IN GENERAL.—The Secretary of State shall sub5 mit to the appropriate congressional committees a report 

6 that contains an identification of each person the Sec7 retary determines to be responsible for serious human 

8 rights abuses or censorship in North Korea and a descrip9 tion of such abuses or censorship engaged in by such per10 son. The report shall include a description of actions taken 

11 by the Department of State to implement or support the 

12 recommendations of the Commission of Inquiry’s Report 

13 on Human Rights in the Democratic People’s Republic of 

14 North Korea, including efforts to press China and other 

15 countries to implement Commission recommendations. 

16 (b) CONSIDERATION.—In preparing the report re17 quired under subsection (a), the Secretary of State shall 

18 give due consideration to the findings of the United Na19 tions Commission of Inquiry on Human Rights in North 

20 Korea, and shall make specific findings with respect to 

21 the responsibility of Kim Jong Un, and of each natural 

22 person who is a member of the National Defense Commis23 sion of North Korea, or the Organization and Guidance 

24 Department of the Workers’ Party of Korea, for serious 

25 human rights abuses and censorship. 


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1 (c) DESIGNATION OF PERSONS.—The President shall 

2 designate under section 104(a) any person listed in the 

3 report required under subsection (a) as responsible for se4 rious human rights abuses or censorship in North Korea. 

5 (d) SUBMISSION AND FORM.— 

6 (1) SUBMISSION.—The report required under 

7 subsection (a) shall be submitted not later than 90 

8 days after the date of the enactment of this Act, and 

9 every 180 days thereafter for a period not to exceed 

10 3 years, shall be included in each report required 

11 under sections 116(d) and 502B(b) of the Foreign 

12 Assistance Act of 1961 (22 U.S.C. 2151n(d) and 

13 2304(b)) (relating to the annual human rights re14 port). 

15 (2) FORM.—The report required under sub16 section (a) shall be submitted in unclassified form, 

17 but may include a classified annex. The Secretary of 

18 State shall also publish the unclassified part of the 

19 report on the Department of State’s Web site. 

20 TITLE IV—GENERAL 

21 AUTHORITIES 

22 SEC. 401. SUSPENSION OF SANCTIONS AND OTHER MEAS23 URES. 

24 (a) IN GENERAL.—Any sanction or other measure 

25 provided for in title I (or any amendment made by title 


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1 I) or title II may be suspended for up to 365 days upon 

2 certification by the President to the appropriate congres3 sional committees that the Government of North Korea 

4 has— 

5 (1) verifiably ceased its counterfeiting of United 

6 States currency, including the surrender or destruc7 tion of specialized materials and equipment used for 

8 or particularly suitable for counterfeiting; 

9 (2) taken significant steps toward financial 

10 transparency to comply with generally accepted pro11 tocols to cease and prevent the laundering of mone12 tary instruments; 

13 (3) taken significant steps toward verification 

14 of its compliance with United Nations Security 

15 Council Resolutions 1695, 1718, 1874, 2087, and 

16 2094; 

17 (4) taken significant steps toward accounting 

18 for and repatriating the citizens of other countries 

19 abducted or unlawfully held captive by the Govern20 ment of North Korea or detained in violation of the 

21 1953 Armistice Agreement; 

22 (5) accepted and begun to abide by internation23 ally recognized standards for the distribution and 

24 monitoring of humanitarian aid; 


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1 (6) provided credible assurances that it will not 

2 support further acts of international terrorism; 

3 (7) taken significant and verified steps to im4 prove living conditions in its political prison camps; 

5 and 

6 (8) made significant progress in planning for 

7 unrestricted family reunification meetings, including 

8 for those individuals among the two million strong 

9 Korean-American community who maintain family 

10 ties with relatives in North Korea. 

11 (b) RENEWAL OF SUSPENSION.—The suspension de12 scribed in subsection (a) may be renewed for additional 

13 consecutive periods of 180 days upon certification by the 

14 President to the appropriate congressional committees 

15 that the Government of North Korea has continued to 

16 comply with the conditions described in subsection (a) dur17 ing the previous year. 

18 SEC. 402. TERMINATION OF SANCTIONS AND OTHER MEAS19 URES. 

20 Any sanction or other measure provided for in title 

21 I (or any amendment made by title I) or title II shall ter22 minate on the date on which the President determines and 

23 certifies to the appropriate congressional committees that 

24 the Government of North Korea has met the requirements 

25 of section 401, and has also— 


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1 (1) completely, verifiably, and irreversibly dis2 mantled all of its nuclear, chemical, biological, and 

3 radiological weapons programs, including all pro4 grams for the development of systems designed in 

5 whole or in part for the delivery of such weapons; 

6 (2) released all political prisoners, including the 

7 citizens of North Korea detained in North Korea’s 

8 political prison camps; 

9 (3) ceased its censorship of peaceful political 

10 activity; 

11 (4) taken significant steps toward the establish12 ment of an open, transparent, and representative so13 ciety; 

14 (5) fully accounted for and repatriated all citi15 zens of all nations abducted or unlawfully held cap16 tive by the Government of North Korea or detained 

17 in violation of the 1953 Armistice Agreement; and 

18 (6) agreed with the Financial Action Task 

19 Force on a plan of action to address deficiencies in 

20 its anti-money laundering regime and begun to im21 plement this plan of action. 

22 SEC. 403. AUTHORITY TO CONSOLIDATE REPORTS. 

23 Any or all reports required to be submitted to appro24 priate congressional committees under this Act or any 

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1 line for submission consisting of the same unit of time may 

2 be consolidated into a single report that is submitted to 

3 appropriate congressional committees pursuant to such 

4 deadline. 

5 SEC. 404. REGULATIONS. 

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

7 promulgate such rules and regulations as may be nec8 essary to carry out the provisions of this Act (which may 

9 include regulatory exceptions), including under sections 

10 203 and 205 of the International Emergency Economic 

11 Powers Act (50 U.S.C. 1702 and 1704). 

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

13 or any amendment made by this Act shall be construed 

14 to limit the authority of the President pursuant to an ap15 plicable Executive order or otherwise pursuant to the 

16 International Emergency Economic Powers Act (50 

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

18 SEC. 405. NO ADDITIONAL FUNDS AUTHORIZED. 

19 No additional funds are authorized to carry out the 

20 requirements of this Act and the amendments made by 

21 this Act. 

22 SEC. 406. EFFECTIVE DATE. 

23 Except as otherwise provided in this Act, this Act and 

24 the amendments made by this Act shall take effect on the 

25 date of the enactment of this Act. 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘North Korea Sanctions and Policy Enhancement Act of 

4 2016’’. 

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

6 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 

Sec. 101. Statement of policy. 

Sec. 102. Investigations. 

Sec. 103. Reporting requirements. 

Sec. 104. Designation of persons. 

Sec. 105. Forfeiture of property. 

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. Travel recommendations for United States citizens to North Korea. 

Sec. 208. Exemptions, waivers, and removals of designation. 

Sec. 209. Report on and imposition of sanctions to address persons responsible 

for knowingly engaging in significant activities undermining cybersecurity. 

Sec. 210. Codification of sanctions with respect to North Korean activities undermining cybersecurity. 

Sec. 211. Sense of Congress on trilateral cooperation between the United States, 

South Korea, and Japan. 

TITLE III—PROMOTION OF HUMAN RIGHTS 

Sec. 301. Information technology. 

Sec. 302. Strategy to promote North Korean human rights. 

Sec. 303. Report on North Korean prison camps. 

Sec. 304. Report on and imposition of sanctions with respect to serious human 

rights abuses or censorship in North Korea. 

TITLE IV—GENERAL AUTHORITIES 

Sec. 401. Suspension of sanctions and other measures. 


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Sec. 402. Termination of sanctions and other measures. 

Sec. 403. Authorization of appropriations. 

Sec. 404. Rulemaking. 

Sec. 405. Authority to consolidate reports. 

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 commitments 

5 to the complete, verifiable, and irreversible dis6 mantlement of its nuclear weapons programs; 

7 and 

8 (B) has willfully violated multiple United 

9 Nations Security Council resolutions calling for 

10 North Korea to cease development, testing, and 

11 production of weapons of mass destruction. 

12 (2) Based on its past actions, including the 

13 transfer of sensitive nuclear and missile technology to 

14 state sponsors of terrorism, North Korea poses a grave 

15 risk for the proliferation of nuclear weapons and 

16 other weapons of mass destruction. 

17 (3) The Government of North Korea has been im18 plicated repeatedly in money laundering and other il19 licit activities, including— 

20 (A) prohibited arms sales; 

21 (B) narcotics trafficking; 

22 (C) the counterfeiting of United States cur23 rency; 


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1 (D) significant activities undermining cy2 bersecurity; and 

3 (E) the counterfeiting of intellectual prop4 erty of United States persons. 

5 (4) North Korea has— 

6 (A) unilaterally withdrawn from the Agree7 ment Concerning a Military Armistice in Korea, 

8 signed at Panmunjom July 27, 1953 (commonly 

9 referred to as the ‘‘Korean War Armistice Agree10 ment’’); and 

11 (B) committed provocations against South 

12 Korea— 

13 (i) by sinking the warship Cheonan 

14 and killing 46 of her crew on March 26, 

15 2010; 

16 (ii) by shelling Yeonpyeong Island and 

17 killing 4 South Korean civilians on Novem18 ber 23, 2010; 

19 (iii) by its involvement in the 

20 ‘‘DarkSeoul’’ cyberattacks against the fi21 nancial and communications interests of 

22 South Korea on March 20, 2013; and 

23 (iv) by planting land mines near a 

24 guard post in the South Korean portion of 


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1 the demilitarized zone that maimed 2 South 

2 Korean soldiers on August 4, 2015. 

3 (5) North Korea maintains a system of brutal 

4 political prison camps that contain as many as 

5 200,000 men, women, and children, who are— 

6 (A) kept in atrocious living conditions with 

7 insufficient food, clothing, and medical care; and 

8 (B) under constant fear of torture or arbi9 trary execution. 

10 (6) North Korea has prioritized weapons pro11 grams and the procurement of luxury goods— 

12 (A) in defiance of United Nations Security 

13 Council Resolutions 1695 (2006), 1718 (2006), 

14 1874 (2009), 2087 (2013), and 2094 (2013); and 

15 (B) in gross disregard of the needs of the 

16 people of North Korea. 

17 (7) Persons, including financial institutions, 

18 who engage in transactions with, or provide financial 

19 services to, the Government of North Korea and its fi20 nancial institutions without establishing sufficient fi21 nancial safeguards against North Korea’s use of such 

22 transactions to promote proliferation, weapons traf23 ficking, human rights violations, illicit activity, and 

24 the purchase of luxury goods— 


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

2 the international financial system; and 

3 (B) violate the intent of the United Nations 

4 Security Council resolutions referred to in para5 graph (6)(A). 

6 (8) The Government of North Korea has provided 

7 technical support and conducted destructive and coer8 cive cyberattacks, including against Sony Pictures 

9 Entertainment and other United States persons. 

10 (9) The conduct of the Government of North 

11 Korea poses an imminent threat to— 

12 (A) the security of the United States and its 

13 allies; 

14 (B) the global economy; 

15 (C) the safety of members of the United 

16 States Armed Forces; 

17 (D) the integrity of the global financial sys18 tem; 

19 (E) the integrity of global nonproliferation 

20 programs; and 

21 (F) the people of North Korea. 

22 (10) The Government of North Korea has spon23 sored acts of international terrorism, including— 

24 (A) attempts to assassinate defectors and 

25 human rights activists; and 


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1 (B) the shipment of weapons to terrorists 

2 and state sponsors of terrorism. 

3 (b) PURPOSES.—The purposes of this Act are— 

4 (1) to use nonmilitary means to address the cri5 sis described in subsection (a); 

6 (2) to provide diplomatic leverage to negotiate 

7 necessary changes in the conduct of the Government 

8 of North Korea; 

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

10 Korea; and 

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

12 4 of the North Korean Human Rights Act of 2004 (22 

13 U.S.C. 7802). 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) APPLICABLE EXECUTIVE ORDER.—The term 

17 ‘‘applicable Executive order’’ means— 

18 (A) Executive Order 13382 (50 U.S.C. 1701 

19 note; relating to blocking property of weapons of 

20 mass destruction proliferators and their sup21 porters), Executive Order 13466 (50 U.S.C. 1701 

22 note; relating to continuing certain restrictions 

23 with respect to North Korea and North Korean 

24 nationals), Executive Order 13551 (50 U.S.C. 

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1 tain persons with respect to North Korea), Exec2 utive Order 13570 (50 U.S.C. 1701 note; relating 

3 to prohibiting certain transactions with respect 

4 to North Korea), Executive Order 13619 (50 

5 U.S.C. 1701 note; relating to blocking property 

6 of persons threatening the peace, security, or sta7 bility of Burma), Executive Order 13687 (50 

8 U.S.C. 1701 note; relating to imposing addi9 tional sanctions with respect to North Korea), or 

10 Executive Order 13694 (50 U.S.C. 1701 note; re11 lating to blocking the property of certain persons 

12 engaging in significant malicious cyber-enabled 

13 activities), to the extent that such Executive 

14 order— 

15 (i) authorizes the imposition of sanc16 tions on persons for conduct with respect to 

17 North Korea; 

18 (ii) prohibits transactions or activities 

19 involving the Government of North Korea; 

20 or 

21 (iii) otherwise imposes sanctions with 

22 respect to North Korea; and 

23 (B) any Executive order adopted on or after 

24 the date of the enactment of this Act, to the ex25 tent that such Executive order— 


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1 (i) authorizes the imposition of sanc2 tions on persons for conduct with respect to 

3 North Korea; 

4 (ii) prohibits transactions or activities 

5 involving the Government of North Korea; 

6 or 

7 (iii) otherwise imposes sanctions with 

8 respect to North Korea. 

9 (2) APPLICABLE UNITED NATIONS SECURITY

10 COUNCIL RESOLUTION.—The term ‘‘applicable United 

11 Nations Security Council resolution’’ means— 

12 (A) United Nations Security Council Reso13 lution 1695 (2006), 1718 (2006), 1874 (2009), 

14 2087 (2013), or 2094 (2013); and 

15 (B) any United Nations Security Council 

16 resolution adopted on or after the date of the en17 actment of this Act that— 

18 (i) authorizes the imposition of sanc19 tions on persons for conduct with respect to 

20 North Korea; 

21 (ii) prohibits transactions or activities 

22 involving the Government of North Korea; 

23 or 

24 (iii) otherwise imposes sanctions with 

25 respect to North Korea. 


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1 (3) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional commit3 tees’’ means— 

4 (A) the Committee on Foreign Relations 

5 and the Committee on Banking, Housing, and 

6 Urban Affairs of the Senate; and 

7 (B) the Committee on Foreign Affairs, the 

8 Committee on Financial Services, and the Com9 mittee on Ways and Means of the House of Rep10 resentatives. 

11 (4) DESIGNATED PERSON.—The term ‘‘des12 ignated person’’ means a person designated under 

13 subsection (a) or (b) of section 104 for purposes of ap14 plying 1 or more of the sanctions described in title I 

15 or II with respect to the person. 

16 (5) GOVERNMENT OF NORTH KOREA.—The term 

17 ‘‘Government of North Korea’’ means the Government 

18 of North Korea and its agencies, instrumentalities, 

19 and controlled entities. 

20 (6) HUMANITARIAN ASSISTANCE.—The term ‘‘hu21 manitarian assistance’’ means assistance to meet hu22 manitarian needs, including needs for food, medicine, 

23 medical supplies, clothing, and shelter. 

24 (7) INTELLIGENCE COMMUNITY.—The term ‘‘in25 telligence community’’ has the meaning given such 


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1 term in section 3(4) of the National Security Act of 

2 1947 (50 U.S.C. 3003(4)). 

3 (8) LUXURY GOODS.—The term ‘‘luxury 

4 goods’’— 

5 (A) has the meaning given such term in sec6 tion 746.4(b)(1) of title 15, Code of Federal Reg7 ulations; and 

8 (B) includes the items listed in Supplement 

9 No. 1 to part 746 of such title, and any similar 

10 items. 

11 (9) MONETARY INSTRUMENTS.—The term ‘‘mone12 tary instruments’’ has the meaning given such term 

13 in section 5312(a) of title 31, United States Code. 

14 (10) NORTH KOREA.—The term ‘‘North Korea’’ 

15 means the Democratic People’s Republic of Korea. 

16 (11) NORTH KOREAN FINANCIAL INSTITUTION.— 

17 The term ‘‘North Korean financial institution’’ means 

18 any financial institution that— 

19 (A) is organized under the laws of North 

20 Korea or any jurisdiction within North Korea 

21 (including a foreign branch of such an institu22 tion); 

23 (B) is located in North Korea, except for a 

24 financial institution that is excluded by the 

25 President in accordance with section 208(c); 


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1 (C) is owned or controlled by the Govern2 ment of North Korea, regardless of location; or 

3 (D) is owned or controlled by a financial 

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

5 or (C), regardless of location. 

6 (12) SIGNIFICANT ACTIVITIES UNDERMINING CY7 BERSECURITY.—The term ‘‘significant activities un8 dermining cybersecurity’’ includes— 

9 (A) significant efforts to— 

10 (i) deny access to or degrade, disrupt, 

11 or destroy an information and communica12 tions technology system or network; or 

13 (ii) exfiltrate information from such a 

14 system or network without authorization; 

15 (B) significant destructive malware attacks; 

16 (C) significant denial of service activities; 

17 and 

18 (D) such other significant activities de19 scribed in regulations promulgated to implement 

20 section 104. 

21 (13) SOUTH KOREA.—The term ‘‘South Korea’’ 

22 means the Republic of Korea. 

23 (14) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ means— 


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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or of any jurisdiction within 

6 the United States, including a foreign branch of 

7 such an entity. 

8 TITLE I—INVESTIGATIONS, PRO9 HIBITED CONDUCT, AND PEN10 ALTIES 

11 SEC. 101. STATEMENT OF POLICY. 

12 In order to achieve the peaceful disarmament of North 

13 Korea, Congress finds that it is necessary— 

14 (1) to encourage all member states of the United 

15 Nations to fully and promptly implement United Na16 tions Security Council Resolution 2094 (2013); 

17 (2) to sanction the persons, including financial 

18 institutions, that facilitate proliferation, illicit activi19 ties, arms trafficking, cyberterrorism, imports of lux20 ury goods, serious human rights abuses, cash smug21 gling, and censorship by the Government of North 

22 Korea; 

23 (3) to authorize the President to sanction persons 

24 who fail to exercise due diligence to ensure that such 

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1 cilitate proliferation, arms trafficking, kleptocracy, or 

2 imports of luxury goods by the Government of North 

3 Korea; 

4 (4) to deny the Government of North Korea ac5 cess to the funds it uses to develop or obtain nuclear 

6 weapons, ballistic missiles, cyberwarfare capabilities, 

7 and luxury goods instead of providing for the needs 

8 of the people of North Korea; and 

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

10 not significantly hinder or delay the efforts of legiti11 mate United States or foreign humanitarian organi12 zations from providing assistance to meet the needs of 

13 civilians facing humanitarian crisis, including access 

14 to food, health care, shelter, and clean drinking water, 

15 to prevent or alleviate human suffering. 

16 SEC. 102. INVESTIGATIONS. 

17 (a) INITIATION.—The President shall initiate an inves18 tigation into the possible designation of a person under sec19 tion 104(a) upon receipt by the President of credible infor20 mation indicating that such person has engaged in conduct 

21 described in section 104(a). 

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

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1 essary to assign sufficient experienced and qualified inves2 tigators, 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 enforce6 ment 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 this 

10 Act, and periodically thereafter, the President shall provide 

11 a briefing to the appropriate congressional committees on 

12 efforts to implement this Act. 

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

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

15 the Secretary of State shall conduct, coordinate, and submit 

16 to Congress a comprehensive report on United States policy 

17 towards North Korea that— 

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

19 review of current policies and possible alternatives, 

20 including with respect to North Korea’s weapons of 

21 mass destruction and missile programs, human rights 

22 atrocities, and significant activities undermining cy23 bersecurity; and 


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1 (2) includes recommendations for such legislative 

2 or administrative action as the Secretary considers 

3 appropriate based on the results of the review. 

4 SEC. 104. DESIGNATION OF PERSONS. 

5 (a) MANDATORY DESIGNATIONS.—Except as provided 

6 in section 208, the President shall designate under this sub7 section any person that the President determines— 

8 (1) knowingly, directly or indirectly, imports, 

9 exports, or reexports to, into, or from North Korea 

10 any goods, services, or technology controlled for export 

11 by the United States because of the use of such goods, 

12 services, or technology for weapons of mass destruc13 tion or delivery systems for such weapons and materi14 ally contributes to the use, development, production, 

15 possession, or acquisition by any person of a nuclear, 

16 radiological, chemical, or biological weapon or any 

17 device or system designed in whole or in part to de18 liver such a weapon; 

19 (2) knowingly, directly or indirectly, provides 

20 training, advice, or other services or assistance, or en21 gages in significant financial transactions, relating to 

22 the manufacture, maintenance, or use of any such 

23 weapon, device, or system to be imported, exported, or 

24 reexported to, into, or from North Korea; 


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1 (3) knowingly, directly or indirectly, imports, 

2 exports, or reexports luxury goods to or into North 

3 Korea; 

4 (4) knowingly engages in, is responsible for, or 

5 facilitates censorship by the Government of North 

6 Korea; 

7 (5) knowingly engages in, is responsible for, or 

8 facilitates serious human rights abuses by the Govern9 ment of North Korea; 

10 (6) knowingly, directly or indirectly, engages in 

11 money laundering, the counterfeiting of goods or cur12 rency, bulk cash smuggling, or narcotics trafficking 

13 that supports the Government of North Korea or any 

14 senior official or person acting for or on behalf of that 

15 Government; 

16 (7) knowingly engages in significant activities 

17 undermining cybersecurity through the use of com18 puter networks or systems against foreign persons, 

19 governments, or other entities on behalf of the Govern20 ment of North Korea; 

21 (8) knowingly, directly or indirectly, sells, sup22 plies, or transfers to or from the Government of North 

23 Korea or any person acting for or on behalf of that 

24 Government, a significant amount of precious metal, 

25 graphite, raw or semi-finished metals or aluminum, 


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1 steel, coal, or software, for use by or in industrial 

2 processes directly related to weapons of mass destruc3 tion and delivery systems for such weapons, other 

4 proliferation activities, the Korean Workers’ Party, 

5 armed forces, internal security, or intelligence activi6 ties, or the operation and maintenance of political 

7 prison camps or forced labor camps, including outside 

8 of North Korea; 

9 (9) knowingly, directly or indirectly, imports, 

10 exports, or reexports to, into, or from North Korea 

11 any arms or related materiel; or 

12 (10) knowingly attempts to engage in any of the 

13 conduct described in paragraphs (1) through (9). 

14 (b) ADDITIONAL DISCRETIONARY DESIGNATIONS.— 

15 (1) PROHIBITED CONDUCT DESCRIBED.—Except 

16 as provided in section 208, the President may des17 ignate under this subsection any person that the 

18 President determines— 

19 (A) knowingly engages in, contributes to, 

20 assists, sponsors, or provides financial, material 

21 or technological support for, or goods and serv22 ices in support of, any person designated pursu23 ant to an applicable United Nations Security 

24 Council resolution; 

25 (B) knowingly contributed to— 


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1 (i) the bribery of an official of the Gov2 ernment of North Korea or any person act3 ing for on behalf of that official; 

4 (ii) the misappropriation, theft, or em5 bezzlement of public funds by, or for the 

6 benefit of, an official of the Government of 

7 North Korea or any person acting for or on 

8 behalf of that official; or 

9 (iii) the use of any proceeds of any ac10 tivity described in clause (i) or (ii); or 

11 (C) knowingly and materially assisted, 

12 sponsored, or provided significant financial, ma13 terial, or technological support for, or goods or 

14 services to or in support of, the activities de15 scribed in subparagraph (A) or (B). 

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

17 any person designated under this subsection, the 

18 President may— 

19 (A) apply the sanctions described in section 

20 204, 205(c), or 206 to the person to the same ex21 tent and in the same manner as if the person 

22 were designated under subsection (a); 

23 (B) apply any applicable special measures 

24 described in section 5318A of title 31, United 

25 States Code; 


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1 (C) prohibit any transactions in foreign ex2 change— 

3 (i) that are subject to the jurisdiction 

4 of the United States; and 

5 (ii) in which such person has any in6 terest; and 

7 (D) prohibit any transfers of credit or pay8 ments between financial institutions or by, 

9 through, or to any financial institution, to the 

10 extent that such transfers or payments— 

11 (i) are subject to the jurisdiction of the 

12 United States; and 

13 (ii) involve any interest of such person. 

14 (c) ASSET BLOCKING.—The President shall exercise all 

15 of the powers granted to the President under the Inter16 national Emergency Economic Powers Act (50 U.S.C. 1701 

17 et seq.) to the extent necessary to block and prohibit all 

18 transactions in property and interests in property of a des19 ignated person, the Government of North Korea, or the 

20 Workers’ Party of Korea, if such property and interests in 

21 property are in the United States, come within the United 

22 States, or are or come within the possession or control of 

23 a United States person. 

24 (d) APPLICATION TO SUBSIDIARIES AND AGENTS.— 

25 The designation of a person under subsection (a) or (b) and 


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1 the blocking of property and interests in property under 

2 subsection (c) shall apply with respect to a person who is 

3 determined to be owned or controlled by, or to have acted 

4 or purported to have acted for or on behalf of, directly or 

5 indirectly, any person whose property and interests in 

6 property are blocked pursuant to this section. 

7 (e) TRANSACTION LICENSING.—The President shall 

8 deny or revoke any license for any transaction that the 

9 President determines to lack sufficient financial controls to 

10 ensure that such transaction will not facilitate any activity 

11 described in subsection (a) or (b). 

12 (f) PENALTIES.—The penalties provided for in sub13 sections (b) and (c) of section 206 of the International 

14 Emergency Economic Powers Act (50 U.S.C. 1705) shall 

15 apply to any person who violates, attempts to violate, con16 spires to violate, or causes a violation of any prohibition 

17 of this section, or an order or regulation prescribed under 

18 this section, to the same extent that such penalties apply 

19 to a person that commits an unlawful act described in sec20 tion 206(a) of such Act (50 U.S.C. 1705(a)). 

21 SEC. 105. FORFEITURE OF PROPERTY. 

22 (a) AMENDMENT TO PROPERTY SUBJECT TO FOR23 FEITURE.—Section 981(a)(1) of title 18, United States 

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


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1 ‘‘(I) Any property, real or personal, that is in2 volved in a violation or attempted violation, or which 

3 constitutes or is derived from proceeds traceable to a 

4 prohibition imposed pursuant to section 104(a) of the 

5 North Korea Sanctions and Policy Enhancement Act 

6 of 2016.’’. 

7 (b) AMENDMENT TO DEFINITION OF CIVIL FOR8 FEITURE STATUTE.—Section 983(i)(2)(D) of title 18, 

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

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

11 U.S.C. 4301 et seq.), the International Emer12 gency Economic Powers Act (50 U.S.C. 1701 et 

13 seq.), or the North Korea Sanctions Enforcement 

14 Act of 2016; or’’. 

15 (c) AMENDMENT TO DEFINITION OF SPECIFIED UN16 LAWFUL ACTIVITY.—Section 1956(c)(7)(D) of title 18, 

17 United States Code, is amended— 

18 (1) by striking ‘‘or section 92 of’’ and inserting 

19 ‘‘section 92 of’’; and 

20 (2) by adding at the end the following: ‘‘, or sec21 tion 104(a) of the North Korea Sanctions Enforce22 ment Act of 2016 (relating to prohibited activities 

23 with respect to North Korea);’’. 


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1 TITLE II—SANCTIONS AGAINST 

2 NORTH KOREAN PROLIFERA3 TION, HUMAN RIGHTS 

4 ABUSES, AND ILLICIT ACTIVI5 TIES 

6 SEC. 201. DETERMINATIONS WITH RESPECT TO NORTH 

7 KOREA AS A JURISDICTION OF PRIMARY 

8 MONEY LAUNDERING CONCERN. 

9 (a) FINDINGS.—Congress makes the following findings: 

10 (1) The Under Secretary of the Treasury for Ter11 rorism and Financial Intelligence, who is responsible 

12 for safeguarding the financial system against illicit 

13 use, money laundering, terrorist financing, and the 

14 proliferation of weapons of mass destruction, and has 

15 repeatedly expressed concern about North Korea’s 

16 misuse of the international financial system— 

17 (A) in 2006— 

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

19 counterfeiting of U.S. currency, narcotics 

20 trafficking and use of accounts world-wide 

21 to conduct proliferation-related trans22 actions, the line between illicit and licit 

23 North Korean money is nearly invisible.’’; 

24 and 


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1 (ii) urged financial institutions world2 wide to ‘‘think carefully about the risks of 

3 doing any North Korea-related business’’; 

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

5 (i) ‘‘remains intent on engaging in 

6 proliferation, selling arms as well as bring7 ing in material’’; and 

8 (ii) was ‘‘aggressively pursuing the ef9 fort to establish front companies.’’; and 

10 (C) in 2013, stated— 

11 (i) in reference to North Korea’s dis12 tribution of high-quality counterfeit United 

13 States currency, that ‘‘North Korea is con14 tinuing to try to pass a supernote into the 

15 international financial system’’; and 

16 (ii) the Department of the Treasury 

17 would soon introduce new currency with 

18 improved security features to protect 

19 against counterfeiting by the Government of 

20 North Korea. 

21 (2) The Financial Action Task Force, an inter22 governmental body whose purpose is to develop and 

23 promote national and international policies to com24 bat money laundering and terrorist financing, has re25 peatedly— 


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1 (A) expressed concern at deficiencies in 

2 North Korea’s regimes to combat money laun3 dering and terrorist financing; 

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

5 action to address significant deficiencies in those 

6 regimes and the serious threat those deficiencies 

7 pose to the integrity of the international finan8 cial system; 

9 (C) urged all jurisdictions to apply counter10 measures to protect the international financial 

11 system from ongoing and substantial money 

12 laundering and terrorist financing risks ema13 nating from North Korea; 

14 (D) urged all jurisdictions to advise their 

15 financial institutions to give special attention to 

16 business relationships and transactions with 

17 North Korea, including North Korean companies 

18 and financial institutions; and 

19 (E) called on all jurisdictions— 

20 (i) to protect against correspondent re21 lationships being used to bypass or evade 

22 countermeasures and risk mitigation prac23 tices; and 

24 (ii) to take into account money laun25 dering and terrorist financing risks when 


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1 considering requests by North Korean finan2 cial institutions to open branches and sub3 sidiaries in their respective jurisdictions. 

4 (3) On March 7, 2013, the United Nations Secu5 rity Council unanimously adopted Resolution 2094, 

6 which— 

7 (A) welcomed the Financial Action Task 

8 Force’s— 

9 (i) recommendation on financial sanc10 tions related to proliferation; and 

11 (ii) guidance on the implementation of 

12 such sanctions; 

13 (B) decided that United Nations member 

14 states should apply enhanced monitoring and 

15 other legal measures to prevent the provision of 

16 financial services or the transfer of property that 

17 could contribute to activities prohibited by appli18 cable United Nations Security Council resolu19 tions; and 

20 (C) called upon United Nations member 

21 states to prohibit North Korean financial insti22 tutions from establishing or maintaining cor23 respondent relationships with financial institu24 tions in their respective jurisdictions to prevent 

25 the provision of financial services if such member 


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1 states have information that provides reasonable 

2 grounds to believe that such activities could con3 tribute to— 

4 (i) activities prohibited by an applica5 ble United Nations Security Council resolu6 tion; or 

7 (ii) the evasion of such prohibitions. 

8 (b) SENSE OF CONGRESS REGARDING THE DESIGNA9 TION OF NORTH KOREA AS A JURISDICTION OF PRIMARY

10 MONEY LAUNDERING CONCERN.—Congress— 

11 (1) acknowledges the efforts of the United Na12 tions Security Council to impose limitations on, and 

13 to require the enhanced monitoring of, transactions 

14 involving North Korean financial institutions that 

15 could contribute to sanctioned activities; 

16 (2) urges the President, in the strongest terms— 

17 (A) to immediately designate North Korea 

18 as a jurisdiction of primary money laundering 

19 concern; and 

20 (B) to adopt stringent special measures to 

21 safeguard the financial system against the risks 

22 posed by North Korea’s willful evasion of sanc23 tions and its illicit activities; and 

24 (3) urges the President to seek the prompt imple25 mentation by other countries of enhanced monitoring 


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1 and due diligence to prevent North Korea’s misuse of 

2 the international financial system, including by shar3 ing information about activities, transactions, and 

4 property that could contribute to— 

5 (A) activities sanctioned by applicable 

6 United Nations Security Council resolutions; or 

7 (B) the evasion of such sanctions. 

8 (c) DETERMINATIONS REGARDING NORTH KOREA.— 

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

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

11 the Treasury, in consultation with the Secretary of 

12 State and the Attorney General, and in accordance 

13 with section 5318A of title 31, United States Code, 

14 shall determine whether reasonable grounds exist for 

15 concluding that North Korea is a jurisdiction of pri16 mary money laundering concern. 

17 (2) ENHANCED DUE DILIGENCE AND REPORTING

18 REQUIREMENTS.—If the Secretary of the Treasury de19 termines under paragraph (1) that reasonable 

20 grounds exist for concluding that North Korea is a ju21 risdiction of primary money laundering concern, the 

22 Secretary, in consultation with the Federal functional 

23 regulators (as defined in section 509 of the Gramm24 Leach-Bliley Act (15 U.S.C. 6809)), shall impose 1 or 

25 more of the special measures described in section 


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1 5318A(b) of title 31, United States Code, with respect 

2 to the jurisdiction of North Korea. 

3 (3) REPORT REQUIRED.— 

4 (A) IN GENERAL.—Not later than 90 days 

5 after the date on which the Secretary of the 

6 Treasury makes a determination under para7 graph (1), the Secretary shall submit to the ap8 propriate congressional committees a report that 

9 contains the reasons for such determination. 

10 (B) FORM.—The report submitted under 

11 subparagraph (A) shall be submitted in unclassi12 fied form, but may include a classified annex. 

13 SEC. 202. ENSURING THE CONSISTENT ENFORCEMENT OF 

14 UNITED NATIONS SECURITY COUNCIL RESO15 LUTIONS AND FINANCIAL RESTRICTIONS ON 

16 NORTH KOREA. 

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

18 (1) All member states of the United Nations are 

19 obligated to implement and enforce applicable United 

20 Nations Security Council resolutions fully and 

21 promptly, including by blocking the property of, and 

22 ensuring that any property is prevented from being 

23 made available to, persons designated for the blocking 

24 of property by the Security Council under applicable 

25 United Nations Security Council resolutions. 


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1 (2) As of May 2015, 158 of the 193 member 

2 states of the United Nations had not submitted re3 ports on measures taken to implement North Korea4 specific United Nations Security Council resolutions 

5 1718, 1874, and 2094. 

6 (3) A recent report by the Government Account7 ability Office (GAO–15–485)— 

8 (A) finds that officials of the United States 

9 and representatives of the United Nations Panel 

10 of Experts established pursuant to United Na11 tions Security Council Resolution 1874 (2009), 

12 which monitors and facilitates implementation 

13 of United Nations sanctions on North Korea, 

14 ‘‘agree that the lack of detailed reports from all 

15 member states is an impediment to the UN’s ef16 fective implementation of its sanctions’’; and 

17 (B) notes that ‘‘many member states lack 

18 the technical capacity to enforce sanctions and 

19 prepare reports’’ on the implementation of 

20 United Nations sanctions on North Korea. 

21 (4) All member states share a common interest 

22 in protecting the international financial system from 

23 the risks of money laundering and illicit transactions 

24 emanating from North Korea. 


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1 (5) The United States dollar and the euro are the 

2 world’s principal reserve currencies, and the United 

3 States and the European Union are primarily re4 sponsible for the protection of the international finan5 cial system from the risks described in paragraph (4). 

6 (6) The cooperation of the People’s Republic of 

7 China, as North Korea’s principal trading partner, is 

8 essential to— 

9 (A) the enforcement of applicable United 

10 Nations Security Council resolutions; and 

11 (B) the protection of the international fi12 nancial system. 

13 (7) The report of the Panel of Experts expressed 

14 concern about the ability of banks to detect and pre15 vent illicit transfers involving North Korea if such 

16 banks are located in member states with less effective 

17 regulators or member states that are unable to afford 

18 effective compliance. 

19 (8) North Korea has historically exploited incon20 sistencies between jurisdictions in the interpretation 

21 and enforcement of financial regulations and applica22 ble United Nations Security Council resolutions to 

23 circumvent sanctions and launder the proceeds of il24 licit activities. 


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1 (9) Amroggang Development Bank, Bank of East 

2 Land, and Tanchon Commercial Bank have been des3 ignated by the Secretary of the Treasury, the United 

4 Nations Security Council, and the European Union 

5 as having materially contributed to the proliferation 

6 of weapons of mass destruction. 

7 (10) Korea Daesong Bank and Korea Kwangson 

8 Banking Corporation have been designated by the 

9 Secretary of the Treasury and the European Union as 

10 having materially contributed to the proliferation of 

11 weapons of mass destruction. 

12 (11) The Foreign Trade Bank of North Korea 

13 has been designated by the Secretary of the Treasury 

14 for facilitating transactions on behalf of persons 

15 linked to its proliferation network and for serving as 

16 ‘‘a key financial node’’. 

17 (12) Daedong Credit Bank has been designated 

18 by the Secretary of the Treasury for activities prohib19 ited by applicable United Nations Security Council 

20 resolutions, including the use of deceptive financial 

21 practices to facilitate transactions on behalf of per22 sons linked to North Korea’s proliferation network. 

23 (b) SENSE OF CONGRESS.—It is the sense of Congress 

24 that the President should intensify diplomatic efforts in ap25 propriate international fora, such as the United Nations, 


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1 and bilaterally, to develop and implement a coordinated, 

2 consistent, multilateral strategy for protecting the global fi3 nancial system against risks emanating from North Korea, 

4 including— 

5 (1) the cessation of any financial services the 

6 continuation of which is inconsistent with applicable 

7 United Nations Security Council resolutions; 

8 (2) the cessation of any financial services to per9 sons, including financial institutions, that present 

10 unacceptable risks of facilitating money laundering 

11 and illicit activity by the Government of North 

12 Korea; 

13 (3) the blocking by all member states, in accord14 ance with the legal process of the state in which the 

15 property is held, of any property required to be 

16 blocked under applicable United Nations Security 

17 Council resolutions; 

18 (4) the blocking of any property derived from il19 licit activity, or from the misappropriation, theft, or 

20 embezzlement of public funds by, or for the benefit of, 

21 officials of the Government of North Korea; 

22 (5) the blocking of any property involved in sig23 nificant activities undermining cybersecurity by the 

24 Government of North Korea, directly or indirectly, 

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1 tual property by the Government of North Korea, di2 rectly or indirectly from United States persons; and 

3 (6) the blocking of any property of persons di4 rectly or indirectly involved in censorship or human 

5 rights abuses by the Government of North Korea. 

6 (c) STRATEGY TO IMPROVE INTERNATIONAL IMPLE7 MENTATION AND ENFORCEMENT OF UNITED NATIONS

8 NORTH KOREA-SPECIFIC SANCTIONS.—The President shall 

9 direct the Secretary of State, in coordination with other 

10 Federal departments and agencies, as appropriate, to de11 velop a strategy to improve international implementation 

12 and enforcement of United Nations North Korea-specific 

13 sanctions. The strategy should include elements— 

14 (1) to increase the number of countries submit15 ting reports to the United Nations Panel of Experts 

16 established pursuant to United Nations Security 

17 Council Resolution 1874 (2009), including developing 

18 a list of targeted countries where effective implemen19 tation and enforcement of United Nations sanctions 

20 would reduce the threat from North Korea; 

21 (2) to encourage member states of the United Na22 tions to cooperate and share information with the 

23 panel in order to help facilitate investigations; 

24 (3) to expand cooperation with the Panel of Ex25 perts; 


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1 (4) to provide technical assistance to member 

2 states to implement United Nations sanctions, includ3 ing developing the capacity to enforce sanctions 

4 through improved export control regulations, border 

5 security, and customs systems; 

6 (5) to harness existing United States Govern7 ment initiatives and assistance programs, as appro8 priate, to improve sanctions implementation and en9 forcement; and 

10 (6) to increase outreach to the people of North 

11 Korea, and to support the engagement of independent, 

12 non-governmental journalistic, humanitarian, and 

13 other institutions in North Korea. 

14 (d) REPORT REQUIRED.—Not later than 90 days after 

15 the date of the enactment of this Act, and annually there16 after, the Secretary of State shall submit to the appropriate 

17 congressional committees a report that describes the actions 

18 undertaken to implement the strategy required by sub19 section (c). 

20 SEC. 203. PROLIFERATION PREVENTION SANCTIONS. 

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

22 A validated license shall be required for the export to North 

23 Korea of any goods or technology otherwise covered under 

24 section 6(j) of the Export Administration Act of 1979 (50 


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1 U.S.C. 4605(j)). No defense exports may be approved for 

2 the Government of North Korea. 

3 (b) TRANSACTIONS IN LETHAL MILITARY EQUIP4 MENT.— 

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

6 assistance under the Foreign Assistance Act of 1961 

7 (22 U.S.C. 2151 et seq.) to the government of any 

8 country that provides lethal military equipment to 

9 the Government of North Korea. 

10 (2) APPLICABILITY.—The prohibition under 

11 paragraph (1) with respect to a government shall ter12 minate on the date that is 1 year after the date on 

13 which the prohibition under paragraph (1) is applied 

14 to that government. 

15 (c) WAIVER.—Notwithstanding any other provision of 

16 law, the Secretary of State may waive the prohibitions 

17 under this section with respect to a country if the Sec18 retary— 

19 (1) determines that such waiver is in the na20 tional interest of the United States; and 

21 (2) submits a written report to the appropriate 

22 congressional committees that describes— 

23 (A) the steps that the relevant agencies are 

24 taking to curtail the trade described in sub25 section (b)(1); and 


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1 (B) why such waiver is in the national in2 terest of the United States. 

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

4 shall not apply to the provision of assistance for human 

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

6 purposes. 

7 SEC. 204. PROCUREMENT SANCTIONS. 

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

9 the head of an executive agency may not procure, or enter 

10 into any contract for the procurement of, any goods or serv11 ices from any person designated under section 104(a). 

12 (b) FEDERAL ACQUISITION REGULATION.— 

13 (1) IN GENERAL.—The Federal Acquisition Reg14 ulation issued pursuant to section 1303(a)(1) of title 

15 41, United States Code, shall be revised to require 

16 that each person that is a prospective contractor sub17 mit a certification that such person does not engage 

18 in any activity described in section 104(a). 

19 (2) APPLICABILITY.—The revision required 

20 under paragraph (1) shall apply with respect to con21 tracts for which solicitations are issued on or after the 

22 date that is 90 days after the date of the enactment 

23 of this Act. 

24 (c) REMEDIES.— 


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

2 General Services shall include, on the List of Parties 

3 Excluded from Federal Procurement and Nonprocure4 ment Programs maintained by the Administrator 

5 under part 9 of the Federal Acquisition Regulation, 

6 each person that is debarred, suspended, or proposed 

7 for debarment or suspension by the head of an execu8 tive agency on the basis of a determination of a false 

9 certification under subsection (b). 

10 (2) CONTRACT TERMINATION; SUSPENSION.—If 

11 the head of an executive agency determines that a per12 son has submitted a false certification under sub13 section (b) after the date on which the Federal Acqui14 sition Regulation is revised to implement the require15 ments of this section, the head of such executive agen16 cy shall— 

17 (A) terminate any contract with such per18 son; and 

19 (B) debar or suspend such person from eli20 gibility for Federal contracts for a period of not 

21 longer than 2 years. 

22 (3) APPLICABLE PROCEDURES.—Any debarment 

23 or suspension under paragraph (2)(B) shall be subject 

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1 pension under subpart 9.4 of the Federal Acquisition 

2 Regulation. 

3 (d) CLARIFICATION REGARDING CERTAIN PROD4 UCTS.—The remedies specified in subsection (c) shall not 

5 apply with respect to the procurement of any eligible prod6 uct (as defined in section 308(4) of the Trade Agreements 

7 Act of 1979 (19 U.S.C. 2518(4)) of any foreign country or 

8 instrumentality designated under section 301(b) of such Act 

9 (19 U.S.C. 2511(b)). 

10 (e) RULE OF CONSTRUCTION.—Nothing in this sub11 section may be construed to limit the use of other remedies 

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

13 official of the Federal Government on the basis of a deter14 mination of a false certification under subsection (b). 

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

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

17 in section 133 of title 41, United States Code. 

18 SEC. 205. ENHANCED INSPECTION AUTHORITIES. 

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

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

21 thereafter, the President shall submit to the appropriate 

22 congressional committees a report that identifies foreign 

23 ports and airports at which inspections of ships, aircraft, 

24 and conveyances originating in North Korea, carrying 

25 North Korean property, or operated by the Government of 


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1 North Korea are not sufficient to effectively prevent the fa2 cilitation of any of the activities described in section 104(a). 

3 (b) ENHANCED CUSTOMS INSPECTION REQUIRE4 MENTS.—The Secretary of Homeland Security may require 

5 enhanced inspections of any goods entering the United 

6 States that have been transported through a port or airport 

7 identified by the President under subsection (a). 

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

9 conveyance used to facilitate any of the activities described 

10 in section 104(a) under the jurisdiction of the United States 

11 may be seized and forfeited under— 

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

13 (2) title V of the Tariff Act of 1930 (19 U.S.C. 

14 1501 et seq.). 

15 SEC. 206. TRAVEL SANCTIONS. 

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

17 Secretary of Homeland Security may deny entry into the 

18 United States of, any alien who is— 

19 (1) a designated person; 

20 (2) a corporate officer of a designated person; or 

21 (3) a principal shareholder with a controlling 

22 interest in a designated person. 


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1 SEC. 207. TRAVEL RECOMMENDATIONS FOR UNITED 

2 STATES CITIZENS TO NORTH KOREA. 

3 The Secretary of State shall expand the scope and fre4 quency of issuance of travel warnings for all United States 

5 citizens to North Korea. The expanded travel warnings, 

6 which should be issued or updated not less frequently than 

7 every 90 days, should include— 

8 (1) publicly released or credible open source in9 formation regarding the detention of United States 

10 citizens by North Korean authorities, including avail11 able information on circumstances of arrest and de12 tention, duration, legal proceedings, and conditions 

13 under which a United States citizen has been, or con14 tinues to be, detained by North Korean authorities, 

15 including present-day cases and cases occurring dur16 ing the 10-year period ending on the date of the en17 actment of this Act; 

18 (2) publicly released or credible open source in19 formation on the past and present detention and ab20 duction or alleged abduction of citizens of the United 

21 States, South Korea, or Japan by North Korean au22 thorities; 

23 (3) unclassified information about the nature of 

24 the North Korean regime, as described in congression25 ally mandated reports and annual reports issued by 

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1 cluding information about North Korea’s weapons of 

2 mass destruction programs, illicit activities, inter3 national sanctions violations, and human rights situ4 ation; and 

5 (4) any other information that the Secretary 

6 deems useful to provide United States citizens with a 

7 comprehensive picture of the nature of the North Ko8 rean regime. 

9 SEC. 208. EXEMPTIONS, WAIVERS, AND REMOVALS OF DES10 IGNATION. 

11 (a) EXEMPTIONS.—The following activities shall be ex12 empt from sanctions under sections 104, 206, 209, and 304: 

13 (1) Activities subject to the reporting require14 ments under title V of the National Security Act of 

15 1947 (50 U.S.C. 3091 et seq.), or to any authorized 

16 intelligence activities of the United States. 

17 (2) Any transaction necessary to comply with 

18 United States obligations under the Agreement be19 tween the United Nations and the United States of 

20 America regarding the Headquarters of the United 

21 Nations, signed at Lake Success June 26, 1947, and 

22 entered into force November 21, 1947, or under the 

23 Convention on Consular Relations, done at Vienna 

24 April 24, 1963, and entered into force March 19, 

25 1967, or under other international agreements. 


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1 (3) Any activities incidental to the POW/MIA 

2 accounting mission in North Korea, including activi3 ties by the Defense POW/MIA Accounting Agency and 

4 other governmental or nongovernmental organizations 

5 tasked with identifying or recovering the remains of 

6 members of the United States Armed Forces in North 

7 Korea. 

8 (b) HUMANITARIAN WAIVER.— 

9 (1) IN GENERAL.—The President may waive, for 

10 renewable periods of between 30 days and 1 year, the 

11 application of the sanctions authorized under section 

12 104, 204, 205, 206, 209(b), or 304(b) if the President 

13 submits to the appropriate congressional committees a 

14 written determination that the waiver is necessary for 

15 humanitarian assistance or to carry out the humani16 tarian purposes set forth section 4 of the North Ko17 rean Human Rights Act of 2004 (22 U.S.C. 7802). 

18 (2) CONTENT OF WRITTEN DETERMINATION.—A 

19 written determination submitted under paragraph (1) 

20 with respect to a waiver shall include a description 

21 of all notification and accountability controls that 

22 have been employed in order to ensure that the activi23 ties covered by the waiver are humanitarian assist24 ance or are carried out for the purposes set forth in 

25 section 4 of the North Korean Human Rights Act of 


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1 2004 (22 U.S.C. 7802) and do not entail any activi2 ties in North Korea or dealings with the Government 

3 of North Korea not reasonably related to humani4 tarian assistance or such purposes. 

5 (3) CLARIFICATION OF PERMITTED ACTIVITIES

6 UNDER WAIVER.—An internationally recognized hu7 manitarian organization shall not be subject to sanc8 tions under section 104, 204, 205, 206, 209(b), or 

9 304(b) for— 

10 (A) engaging in a financial transaction re11 lating to humanitarian assistance or for human12 itarian purposes pursuant to a waiver issued 

13 under paragraph (1); 

14 (B) transporting goods or services that are 

15 necessary to carry out operations relating to hu16 manitarian assistance or humanitarian purposes 

17 pursuant to such a waiver; or 

18 (C) having merely incidental contact, in the 

19 course of providing humanitarian assistance or 

20 aid for humanitarian purposes pursuant to such 

21 a waiver, with individuals who are under the 

22 control of a foreign person subject to sanctions 

23 under this Act. 

24 (c) WAIVER.—The President may waive, on a case-by25 case basis, for renewable periods of between 30 days and 


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1 1 year, the application of the sanctions authorized under 

2 section 104, 201(c)(2), 204, 205, 206, 209(b), or 304(b) if 

3 the President submits to the appropriate congressional com4 mittees a written determination that the waiver— 

5 (1) is important to the national security inter6 ests of the United States; or 

7 (2) will further the enforcement of this Act or is 

8 for an important law enforcement purpose. 

9 (d) FINANCIAL SERVICES FOR HUMANITARIAN AND

10 CONSULAR ACTIVITIES.—The President may promulgate 

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

12 to facilitate the provision of financial services by a foreign 

13 financial institution that is not a North Korean financial 

14 institution in support of activities conducted pursuant to 

15 an exemption or waiver under this section. 

16 SEC. 209. REPORT ON AND IMPOSITION OF SANCTIONS TO 

17 ADDRESS PERSONS RESPONSIBLE FOR 

18 KNOWINGLY ENGAGING IN SIGNIFICANT AC19 TIVITIES UNDERMINING CYBERSECURITY. 

20 (a) REPORT REQUIRED.— 

21 (1) IN GENERAL.—The President shall submit to 

22 the appropriate congressional committees a report 

23 that describes significant activities undermining cy24 bersecurity aimed against the United States Govern25 ment or any United States person and conducted by 


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1 the Government of North Korea, or a person owned or 

2 controlled, directly or indirectly, by the Government 

3 of North Korea or any person acting for or on behalf 

4 of that Government. 

5 (2) INFORMATION.—The report required under 

6 paragraph (1) shall include— 

7 (A) the identity and nationality of persons 

8 that have knowingly engaged in, directed, or pro9 vided material support to conduct significant ac10 tivities undermining cybersecurity described in 

11 paragraph (1); 

12 (B) a description of the conduct engaged in 

13 by each person identified; 

14 (C) an assessment of the extent to which a 

15 foreign government has provided material sup16 port to the Government of North Korea or any 

17 person acting for or on behalf of that Govern18 ment to conduct significant activities under19 mining cybersecurity; and 

20 (D) a United States strategy to counter 

21 North Korea’s efforts to conduct significant ac22 tivities undermining cybersecurity against the 

23 United States, that includes efforts to engage for24 eign governments to halt the capability of the 

25 Government of North Korea and persons acting 


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1 for or on behalf of that Government to conduct 

2 significant activities undermining cybersecurity. 

3 (3) SUBMISSION AND FORM.— 

4 (A) SUBMISSION.—The report required 

5 under paragraph (1) shall be submitted not later 

6 than 90 days after the date of the enactment of 

7 this Act, and every 180 days thereafter. 

8 (B) FORM.—The report required under 

9 paragraph (1) shall be submitted in an unclassi10 fied form, but may include a classified annex. 

11 (b) DESIGNATION OF PERSONS.—The President shall 

12 designate under section 104(a) any person identified in the 

13 report required under subsection (a)(1) that knowingly en14 gages in significant activities undermining cybersecurity 

15 through the use of computer networks or systems against 

16 foreign persons, governments, or other entities on behalf of 

17 the Government of North Korea. 

18 SEC. 210. CODIFICATION OF SANCTIONS WITH RESPECT TO 

19 NORTH KOREAN ACTIVITIES UNDERMINING 

20 CYBERSECURITY. 

21 (a) IN GENERAL.—United States sanctions with re22 spect to activities of the Government of North Korea, per23 sons acting for or on behalf of that Government, or persons 

24 located in North Korea that undermine cybersecurity pro25 vided for in Executive Order 13687 (50 U.S.C. 1701 note; 


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1 relating to imposing additional sanctions with respect to 

2 North Korea) or Executive Order 13694 (50 U.S.C. 1701 

3 note; relating to blocking the property of certain persons 

4 engaging in significant malicious cyber-enabled activities), 

5 as such Executive Orders are in effect on the day before 

6 the date of the enactment of this Act, shall remain in effect 

7 until the date that is 30 days after the date on which the 

8 President submits to Congress a certification that the Gov9 ernment of North Korea, persons acting for or on behalf 

10 of that Government, and persons owned or controlled, di11 rectly or indirectly, by that Government or persons acting 

12 for or on behalf of that Government, are no longer engaged 

13 in the illicit activities described in such Executive Orders, 

14 including actions in violation of United Nations Security 

15 Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 

16 and 2094 (2013). 

17 (b) RULE OF CONSTRUCTION.—Nothing in this section 

18 shall be construed to limit the authority of the President 

19 pursuant to the International Emergency Economic Powers 

20 Act (50 U.S.C. 1701 et seq.). 

21 SEC. 211. SENSE OF CONGRESS ON TRILATERAL COOPERA22 TION BETWEEN THE UNITED STATES, SOUTH 

23 KOREA, AND JAPAN. 

24 (a) IN GENERAL.—It is the sense of Congress that the 

25 President— 


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1 (1) should seek to strengthen high-level trilateral 

2 mechanisms for discussion and coordination of policy 

3 toward North Korea between the Government of the 

4 United States, the Government of South Korea, and 

5 the Government of Japan; 

6 (2) should ensure that the mechanisms specifi7 cally address North Korea’s nuclear, ballistic, and 

8 conventional weapons programs, its human rights 

9 record, and cybersecurity threats posed by North 

10 Korea; 

11 (3) should ensure that representatives of the 

12 United States, South Korea, and Japan meet on a 

13 regular basis and include representatives of the 

14 United States Department of State, the United States 

15 Department of Defense, the United States intelligence 

16 community, and representatives of counterpart agen17 cies in South Korea and Japan; and 

18 (4) should continue to brief the relevant congres19 sional committees regularly on the status of such dis20 cussions. 

21 (b) RELEVANT COMMITTEES.—The relevant commit22 tees referred to in subsection (a)(4) shall include— 

23 (1) the Committee on Foreign Relations, the 

24 Committee on Armed Services, and the Select Com25 mittee on Intelligence of the Senate; and 


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1 (2) the Committee on Foreign Affairs, the Com2 mittee on Armed Services, and the Permanent Select 

3 Committee on Intelligence of the House of Representa4 tives. 

5 TITLE III—PROMOTION OF 

6 HUMAN RIGHTS 

7 SEC. 301. INFORMATION TECHNOLOGY. 

8 Section 104 of the North Korean Human Rights Act 

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

10 the following: 

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

12 than 180 days after the date of the enactment of the North 

13 Korea Sanctions and Policy Enhancement Act of 2015, the 

14 President shall submit to the appropriate congressional 

15 committees a classified report that sets forth a detailed plan 

16 for making unrestricted, unmonitored, and inexpensive elec17 tronic mass communications available to the people of 

18 North Korea.’’. 

19 SEC. 302. STRATEGY TO PROMOTE NORTH KOREAN HUMAN 

20 RIGHTS. 

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

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

23 in coordination with other appropriate Federal depart24 ments and agencies, shall submit to the Committee on For25 eign Relations of the Senate and the Committee on Foreign 


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1 Affairs of the House of Representatives a report that details 

2 a United States strategy to promote initiatives to enhance 

3 international awareness of and to address the human rights 

4 situation in North Korea. 

5 (b) INFORMATION.—The report required under sub6 section (a) should include— 

7 (1) a list of countries that forcibly repatriate ref8 ugees from North Korea; and 

9 (2) a list of countries where North Korean labor10 ers work, including countries the governments of 

11 which have formal arrangements with the Government 

12 of North Korea or any person acting for or on behalf 

13 of that Government to employ North Korean workers. 

14 (c) STRATEGY.—The report required under subsection 

15 (a) should include— 

16 (1) a plan to enhance bilateral and multilateral 

17 outreach, including sustained engagement with the 

18 governments of partners and allies with overseas posts 

19 to routinely demarche or brief those governments on 

20 North Korea human rights issues, including forced 

21 labor, trafficking, and repatriation of citizens of 

22 North Korea; 

23 (2) public affairs and public diplomacy cam24 paigns, including options to work with news organi25 zations and media outlets to publish opinion pieces 


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1 and secure public speaking opportunities for United 

2 States Government officials on issues related to the 

3 human rights situation in North Korea, including 

4 forced labor, trafficking, and repatriation of citizens 

5 of North Korea; and 

6 (3) opportunities to coordinate and collaborate 

7 with appropriate nongovernmental organizations and 

8 private sector entities to raise awareness and provide 

9 assistance to North Korean defectors throughout the 

10 world. 

11 SEC. 303. REPORT ON NORTH KOREAN PRISON CAMPS. 

12 (a) IN GENERAL.—The Secretary of State shall submit 

13 to the appropriate congressional committees a report that 

14 describes, with respect to each political prison camp in 

15 North Korea, to the extent information is available— 

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

17 (2) the camp’s geographical coordinates; 

18 (3) the reasons for the confinement of the pris19 oners; 

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

21 and the end users of any goods produced in the camp; 

22 (5) the individuals and agencies responsible for 

23 conditions in the camp; 

24 (6) the conditions under which prisoners are 

25 confined, with respect to the adequacy of food, shelter, 


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1 medical care, working conditions, and reports of ill2 treatment of prisoners; and 

3 (7) imagery, to include satellite imagery of the 

4 camp, in a format that, if published, would not com5 promise the sources and methods used by the United 

6 States intelligence community to capture geospatial 

7 imagery. 

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

9 may be included in the first human rights report required 

10 to be submitted to Congress after the date of the enactment 

11 of this Act under sections 116(d) and 502B(b) of the Foreign 

12 Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)). 

13 SEC. 304. REPORT ON AND IMPOSITION OF SANCTIONS 

14 WITH RESPECT TO SERIOUS HUMAN RIGHTS 

15 ABUSES OR CENSORSHIP IN NORTH KOREA. 

16 (a) REPORT REQUIRED.— 

17 (1) IN GENERAL.—The Secretary of State shall 

18 submit to the appropriate congressional committees a 

19 report that— 

20 (A) identifies each person the Secretary de21 termines to be responsible for serious human 

22 rights abuses or censorship in North Korea and 

23 describes the conduct of that person; and 

24 (B) describes serious human rights abuses 

25 or censorship undertaken by the Government of 


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1 North Korea or any person acting for or on be2 half of that Government in the most recent year 

3 ending before the submission of the report. 

4 (2) CONSIDERATION.—In preparing the report 

5 required under paragraph (1), the Secretary of State 

6 shall— 

7 (A) give due consideration to the findings of 

8 the United Nations Commission of Inquiry on 

9 Human Rights in North Korea; and 

10 (B) make specific findings with respect to 

11 the responsibility of Kim Jong Un, and of each 

12 individual who is a member of the National De13 fense Commission of North Korea or the Organi14 zation and Guidance Department of the Workers’ 

15 Party of Korea, for serious human rights abuses 

16 and censorship. 

17 (3) SUBMISSION AND FORM.— 

18 (A) SUBMISSION.—The report required 

19 under paragraph (1) shall be submitted not later 

20 than 120 days after the date of the enactment of 

21 this Act, and every 180 days thereafter for a pe22 riod not to exceed 3 years, and shall be included 

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1 ance Act of 1961 (22 U.S.C. 2151n(d) and 

2 2304(b)). 

3 (B) FORM.—The report required under 

4 paragraph (1) shall be submitted in unclassified 

5 form, but may include a classified annex. 

6 (C) PUBLIC AVAILABILITY.—The Secretary 

7 of State shall publish the unclassified part of the 

8 report required under paragraph (1) on the 

9 website of the Department of State. 

10 (b) DESIGNATION OF PERSONS.—The President shall 

11 designate under section 104(a) any person listed in the re12 port required under subsection (a)(1) that— 

13 (1) knowingly engages in, is responsible for, or 

14 facilitates censorship by the Government of North 

15 Korea; or 

16 (2) knowingly engages in, is responsible for, or 

17 facilitates serious human rights abuses by the Govern18 ment of North Korea. 

19 (c) SENSE OF CONGRESS.—It is the sense of Congress 

20 that the President should— 

21 (1) seek the prompt adoption by the United Na22 tions Security Council of a resolution calling for the 

23 blocking of the assets of all persons responsible for se24 vere human rights abuses or censorship in North 

25 Korea; and 


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1 (2) fully cooperate with the prosecution of any 

2 individual listed in the report required under sub3 section (a)(1) before any international tribunal that 

4 may be established to prosecute persons responsible for 

5 severe human rights abuses or censorship in North 

6 Korea. 

7 TITLE IV—GENERAL 

8 AUTHORITIES 

9 SEC. 401. SUSPENSION OF SANCTIONS AND OTHER MEAS10 URES. 

11 (a) IN GENERAL.—Any sanction or other measure re12 quired under title I, II, or III (or any amendment made 

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

14 certification by the President to the appropriate congres15 sional committees that the Government of North Korea has 

16 made progress toward— 

17 (1) verifiably ceasing its counterfeiting of United 

18 States currency, including the surrender or destruc19 tion of specialized materials and equipment used or 

20 particularly suitable for counterfeiting; 

21 (2) taking steps toward financial transparency 

22 to comply with generally accepted protocols to cease 

23 and prevent the laundering of monetary instruments; 


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1 (3) taking steps toward verification of its com2 pliance with applicable United Nations Security 

3 Council resolutions; 

4 (4) taking steps toward accounting for and repa5 triating the citizens of other countries— 

6 (A) abducted or unlawfully held captive by 

7 the Government of North Korea; or 

8 (B) detained in violation of the Agreement 

9 Concerning a Military Armistice in Korea, 

10 signed at Panmunjom July 27, 1953 (commonly 

11 referred to as the ‘‘Korean War Armistice Agree12 ment’’); 

13 (5) accepting and beginning to abide by inter14 nationally recognized standards for the distribution 

15 and monitoring of humanitarian aid; and 

16 (6) taking verified steps to improve living condi17 tions in its political prison camps. 

18 (b) RENEWAL OF SUSPENSION.—The suspension de19 scribed in subsection (a) may be renewed for additional, 

20 consecutive 180-day periods after the President certifies to 

21 the appropriate congressional committees that the Govern22 ment of North Korea has continued to comply with the con23 ditions described in subsection (a) during the previous year. 


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1 SEC. 402. TERMINATION OF SANCTIONS AND OTHER MEAS2 URES. 

3 Any sanction or other measure required under title I, 

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

5 terminate on the date on which the President determines 

6 and certifies to the appropriate congressional committees 

7 that the Government of North Korea has— 

8 (1) met the requirements set forth in section 401; 

9 and 

10 (2) made significant progress toward— 

11 (A) completely, verifiably, and irreversibly 

12 dismantling all of its nuclear, chemical, biologi13 cal, and radiological weapons programs, includ14 ing all programs for the development of systems 

15 designed in whole or in part for the delivery of 

16 such weapons; 

17 (B) releasing all political prisoners, includ18 ing the citizens of North Korea detained in 

19 North Korea’s political prison camps; 

20 (C) ceasing its censorship of peaceful polit21 ical activity; 

22 (D) establishing an open, transparent, and 

23 representative society; and 

24 (E) fully accounting for and repatriating 

25 United States citizens (including deceased 

26 United States citizens)— 


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1 (i) abducted or unlawfully held captive 

2 by the Government of North Korea; or 

3 (ii) detained in violation of the Agree4 ment Concerning a Military Armistice in 

5 Korea, signed at Panmunjom July 27, 1953 

6 (commonly referred to as the ‘‘Korean War 

7 Armistice Agreement’’). 

8 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There are authorized to be appro10 priated for each of fiscal years 2017 through 2021— 

11 (1) $3,000,000 to carry out section 103 of the 

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

13 7813); 

14 (2) $3,000,000 to carry out subsections (a), (b), 

15 and (c) of section 104 of that Act (22 U.S.C. 7814); 

16 (3) $2,000,000 to carry out subsection (d) of such 

17 section 104, as add by section 301 of this Act; and 

18 (4) $2,000,000 to carry out section 203 of the 

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

20 7833). 

21 (b) AVAILABILITY OF FUNDS.—Amounts appropriated 

22 for each fiscal year pursuant to subsection (a) shall remain 

23 available until expended. 


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1 SEC. 404. RULEMAKING. 

2 (a) IN GENERAL.—The President is authorized to pro3 mulgate such rules and regulations as may be necessary to 

4 carry out the provisions of this Act (which may include reg5 ulatory exceptions), including under section 205 of the 

6 International Emergency Economic Powers Act (50 U.S.C. 

7 1704). 

8 (b) RULE OF CONSTRUCTION.—Nothing in this Act, or 

9 in any amendment made by this Act, may be construed to 

10 limit the authority of the President to designate or sanction 

11 persons pursuant to an applicable Executive order or other12 wise pursuant to the International Emergency Economic 

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

14 SEC. 405. AUTHORITY TO CONSOLIDATE REPORTS. 

15 Any and all reports required to be submitted to appro16 priate congressional committees under this Act or any 

17 amendment made by this Act that are subject to a deadline 

18 for submission consisting of the same unit of time may be 

19 consolidated into a single report that is submitted to appro20 priate congressional committees pursuant to such deadline. 

21 The consolidated reports must contain all information re22 quired under this Act or any amendment made by this Act, 

23 in addition to all other elements mandated by previous law. 


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1 SEC. 406. EFFECTIVE DATE. 

2 Except as otherwise provided in this Act, this Act and 

3 the amendments made by this Act shall take effect on the 

4 date of the enactment of this Act. 


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Calendar No. 359 

114TH CONGRESS 

2D SESSION H. R. 757 

AN ACT 

To improve the enforcement of sanctions against 

purposes. the Government of North Korea, and for other 

FEBRUARY 2, 2016 

Reported with an amendment 


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