I 

113TH CONGRESS 

1ST SESSION H. R. 673 

To continue restrictions against and prohibit diplomatic recognition of the 

Government of North Korea, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2013 

Ms. ROS-LEHTINEN (for herself, Mr. CHABOT, Mr. CONNOLLY, Mr. LANCE, 

Mr. FRANKS of Arizona, Mr. WILSON of South Carolina, Mr. BILIRAKIS, 

Mr. WEBER of Texas, and Mr. DUNCAN of South Carolina) introduced 

the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To continue restrictions against and prohibit diplomatic recognition of 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. 

4 This Act may be cited as the ‘‘North Korea Sanctions 

5 and Diplomatic Nonrecognition Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) North Korean negotiators in the Six-Party 

2 diplomatic process did not act in good faith by their 

3 refusal to agree to a transparent verification process 

4 for denuclearization consistent with ‘‘international 

5 standards’’, including provisions for nuclear sam6 pling, following North Korea’s removal on October 

7 11, 2008, from the list of state sponsors of terrorism 

8 maintained by the Department of State. 

9 (2) International press reports indicate that 

10 North Korea has continued to provide support to 

11 Iran in the areas of missile technology and nuclear 

12 development and has provided Iran’s surrogates, 

13 Hezbollah and Hamas, with both missile technology 

14 and training in tunneling techniques with which to 

15 attack Israel, an ally of the United States. 

16 (3) International press reports indicate that 

17 North Korea was engaged for a number of years in 

18 assistance to Syria in the construction of a nuclear 

19 reactor in the Syrian desert which was destroyed in 

20 a strike by Israeli forces on September 6, 2007. 

21 (4) North Korean negotiators continue to refuse 

22 to address in a humane and sincere manner the 

23 issue of the abduction of civilians of Japan and the 

24 Republic of Korea, both allies of the United States, 

25 as well as the abductions of citizens from a number 


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1 of other countries, including France, Lebanon, Ro2 mania, and Thailand. 

3 (5) Defectors coming out of North Korea have 

4 provided testimony that United States permanent 

5 resident, Reverend Kim Dong-shik, the spouse and 

6 father of United States citizens, was tortured and 

7 murdered inside North Korea after his abduction by 

8 Pyongyang’s agents on the Chinese border in Janu9 ary 2000 and that his remains are currently being 

10 held at a military facility inside North Korea. 

11 (6) Congress authoritatively expressed its view, 

12 in section 202(b)(2) of the North Korean Human 

13 Rights Act of 2004 (Public Law 108–333; 22 U.S.C. 

14 7832(b)(2)) that ‘‘United States nonhumanitarian 

15 assistance to North Korea shall be contingent on 

16 North Korea’s substantial progress’’ on human 

17 rights improvements, release of and accounting for 

18 abductees, family reunification, reform of North Ko19 rea’s labor camp system, and the decriminalization 

20 of political expression, none of which has occurred. 

21 (7) Congress further authoritatively expressed 

22 its view, in section 2 of the North Korean Human 

23 Rights Reauthorization Act of 2008 (Public Law 

24 110–346) that ‘‘human rights and humanitarian 

25 conditions inside North Korea are deplorable’’ and 


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1 that ‘‘North Korean refugees remain acutely vulner2 able’’. 

3 (8) Congress has determined that any missile 

4 test or launch conducted by North Korea would be 

5 in direct violation of United Nations Security Coun6 cil resolution 1695, adopted on July 16, 2006, which 

7 ‘‘condemns the multiple launches by the DPRK 

8 (North Korea) of ballistic missiles on July 5 2006 

9 local time’’, and United Nations Security Council 

10 Resolution 1718, adopted on October 9, 2006, which 

11 ‘‘demands that the DPRK (North Korea) not con12 duct any further nuclear test or launch of a ballistic 

13 missile’’ and ‘‘decides that the DPRK shall suspend 

14 all activities related to its ballistic missile pro15 gramme and in this context re-establish its pre-exist16 ing commitments to a moratorium on missile launch17 ing’’, and further determines that the resulting sanc18 tions imposed under such resolution 1718 would 

19 again come into full effect following a missile test or 

20 launch. 

21 (9) Congress has further determined that a re22 turn by North Korea to the Six-Party diplomatic 

23 process following any missile test or launch by 

24 Pyongyang must include a firm and transparent 

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1 ible dismantlement of all of North Korea’s nuclear 

2 programs, including those derived both from pluto3 nium as well as highly enriched uranium. 

4 (10) Japanese press reports have indicated that 

5 a delegation of approximately fifteen Iranian missile 

6 experts arrived in North Korea in March 2009 ‘‘to 

7 help Pyongyang prepare for a rocket launch’’, in8 cluding senior officials with the Iranian rocket and 

9 satellite producer Shahid Hemmat Industrial Group, 

10 and that they brought with them a letter from their 

11 President Mahmoud Ahmadinejad to North Korean 

12 leader Kim Jong-Il stressing the importance of co13 operating on space technology. 

14 (11) North Korea, in defiance of the inter15 national community’s efforts to end nuclear pro16 liferation and in violation of its international obliga17 tions, conducted a second underground nuclear test 

18 on May 25, 2009 (local time), in violation of United 

19 Nations Security Council Resolution 1718, which re20 sulted in the passage of United Nations Security 

21 Council Resolution 1874 on June 12, 2009, which 

22 imposed additional sanctions and inspection require23 ments with regard to North Korea. 

24 (12) North Korea, according to Western press 

25 reports, transshipped missile parts, used to run 


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1 Iran’s solid fuel ballistic missile program, to Tehran 

2 via Air Iran flights which landed in Beijing, China 

3 in 2007. 

4 (13) Press reports in March 2011 indicated 

5 that opposition forces in Libya, when they took posi6 tions from Qaddafi forces, discovered North Korean 

7 weapons caches, including rockets and anti-aircraft 

8 guns, unpacked from crates labeled ‘‘bulldozer 

9 parts,’’ which would represent a clear violation of 

10 United Nations sanctions. 

11 (14) On August 16, 2012, the President signed 

12 into law the Ambassador James R. Lilley and Con13 gressman Stephen J. Solarz North Korea Human 

14 Rights Reauthorization Act of 2012 (Public Law 

15 112–172). 

16 (15) Congress further authoritatively expressed 

17 its view in section 2 of Public Law 112–172 that 

18 ‘‘although the transition to the leadership of Kim 

19 Jong-Un after the death of Kim Jong-Il has intro20 duced new uncertainties and possibilities, the funda21 mental human rights and humanitarian conditions 

22 inside North Korea remain deplorable, North Ko23 rean refugees remain acutely vulnerable, and the 

24 findings in the 2004 Act and 2008 Reauthorization 

25 remain substantially accurate today.’’. 


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1 (16) Notwithstanding the succession of Kim 

2 Jong-Un as supreme leader of North Korea fol3 lowing the death of his father in December 2011, 

4 Pyongyang has continued a policy of horrendous 

5 human rights violations, including the issuance of 

6 new ‘‘shoot to kill’’ orders for refugees attempting to 

7 cross the border into China and an increased reli8 ance on public executions to intimidate the North 

9 Korean populace. 

10 (17) The new Kim Jong-Un regime also dis11 played duplicity in its negotiations with the United 

12 States and other Six-Party partners by launching a 

13 missile in April 2012 in direct violation of its ‘‘Leap 

14 Day Agreement’’ to carry out a moratorium on nu15 clear and long-range missile tests. 

16 (18) Pyongyang defied the international com17 munity and relevant United Nations Security Coun18 cil resolutions by launching a long-range missile on 

19 December 12, 2012, resulting in the unanimous pas20 sage of United Nations Security Council Resolution 

21 2087 on January 22, 2013. 

22 (19) The regime in Pyongyang further defied 

23 the international community and relevant United 

24 Nations Security Council resolutions by conducting a 

25 nuclear test on February 12, 2013. 


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1 (20) According to the United States Geological 

2 Survey, seismic activity was detected in North Korea 

3 with an earthquake measuring 4.9 magnitude, larger 

4 than the 2006 and 2009 explosions, and the epi5 center of the quake was close to a North Korean nu6 clear test site. 

7 SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE 

8 GOVERNMENT OF NORTH KOREA. 

9 (a) FINDING.—Congress finds that subsequent to the 

10 decision of the Secretary of State on October 11, 2008, 

11 to rescind the designation of North Korea as a state spon12 sor of terrorism, North Korea has committed acts that can 

13 be defined as international terrorism or as highly provoca14 tive, including— 

15 (1) the dispatch of a covert team of two North 

16 Korean military-trained agents to South Korea with 

17 orders to assassinate the late North Korean defector 

18 Hwang Jang-yop who were apprehended by South 

19 Korean officials in April 2010; 

20 (2) complicity in the sinking of the South Ko21 rean naval vessel Cheonan on March 26, 2010, 

22 which resulted in the deaths of 46 South Korean 

23 naval personnel; 

24 (3) the shipment of weapons by North Korea, 

25 seized in Bangkok in December 2009, which were 


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1 bound for delivery to foreign terrorist organizations 

2 Hezbollah and Hamas, according to a statement 

3 made by Israeli Foreign Minister Avigdor Lieberman 

4 in Tokyo on May 12, 2010; 

5 (4) the sudden and unprovoked bombardment 

6 by North Korean artillery of the civilian-populated 

7 South Korean island of Yeonpyeong-do on November 

8 23, 2010, which resulted in the deaths of two South 

9 Korean civilians and two Republic of Korea (ROK) 

10 marines; and 

11 (5) the sentencing by Seoul Central District 

12 Court in January 2011 of North Korean agent Ri 

13 Dong Sam to 10 years in prison for impersonating 

14 a refugee in August 2010 to enter South Korea 

15 under orders to assassinate leading North Korean 

16 defector Hwang Jang-yop. 

17 (b) CONTINUATION OF RESTRICTIONS.—Notwith18 standing the decision by the Secretary of State on October 

19 11, 2008, to rescind the designation of North Korea as 

20 a state sponsor of terrorism, and in light of the congres21 sional finding described in subsection (a), restrictions 

22 against the Government of North Korea that were im23 posed by reason of a determination of the Secretary of 

24 State that the Government of North Korea is a state spon25 sor of terrorism, as well as sanctions against the GovernVerDate Mar 15 2010 22:31 Feb 21, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H673.IH H673

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1 ment of North Korea (including sanctions that ban the 

2 importation into the United States of North Korean prod3 ucts and goods), that are in effect as of the date of the 

4 enactment of this Act shall remain in effect, and shall not 

5 be lifted, unless the President makes the certification de6 scribed in subsection (c). 

7 (c) CERTIFICATION.—The certification referred to in 

8 subsection (b) is a certification to Congress containing a 

9 determination of the President that the Government of 

10 North Korea— 

11 (1) is no longer engaged in the illegal transfer 

12 of missile or nuclear technology, particularly to the 

13 governments of Iran, Syria, or any other state spon14 sor of terrorism, or to Burma; 

15 (2) is no longer engaged in training in combat 

16 operations or tunneling, or harboring, supplying, fi17 nancing, or supporting in any way— 

18 (A) Hamas, Hezbollah, the Japanese Red 

19 Army, or any member of such organizations; 

20 (B) any organization designated by the 

21 Secretary of State as a foreign terrorist organi22 zation in accordance with section 219(a) of the 

23 Immigration and Nationality Act (8 U.S.C. 

24 1189(a)); and 


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1 (C) any person included on the annex to 

2 Executive Order 13224 (September 21, 2001) 

3 and any other person identified under section 1 

4 of that Executive Order whose property and in5 terests are blocked by that section (commonly 

6 known as a ‘‘specially designated global ter7 rorist’’); 

8 (3) is no longer engaged in the counterfeiting of 

9 United States currency ‘‘supernotes’’; 

10 (4) is no longer engaged in the international 

11 trafficking of illicit narcotics into the United States, 

12 Japan, Australia, or other allied countries of the 

13 United States; 

14 (5) has returned the last remains of United 

15 States permanent resident, Reverend Kim Dong16 shik, to his United States citizen widow, family, and 

17 church members, so that he may be provided with a 

18 proper Christian burial in Chicago; 

19 (6) has released the Japanese nationals recog20 nized as abduction victims by the Government of 

21 Japan as well as abduction victims recognized by the 

22 Government of the Republic of Korea; 

23 (7) has released an estimated 600 surviving 

24 South Korean POWs, and any other surviving 

25 POWs from the Korean War, who have been held in 


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1 North Korea against their will and in violation of 

2 the Armistice Agreement since hostilities ended in 

3 July 1953; 

4 (8) has made concrete provisions for unre5 stricted family reunification meetings for those indi6 viduals among the two-million strong Korean-Amer7 ican community who maintain family ties with rel8 atives inside North Korea; 

9 (9) has opened the North Korean penal system, 

10 including the gulag of concentration camps holding 

11 an estimated 200,000 political and religious pris12 oners, to unrestricted and regular visits by rep13 resentatives of the International Committee of the 

14 Red Cross (ICRC); 

15 (10) has made provision for unrestricted and 

16 regular access by representatives of the United Na17 tional High Commissioner for Refugees to refugees 

18 forcibly repatriated to North Korea to determine 

19 their general health and welfare; 

20 (11) has made concrete provisions for unre21 stricted contact, including direct communications 

22 and meetings, between representatives of inter23 national and South Korean religious organizations, 

24 including Christians and Buddhists, and their co-be25 lievers inside North Korea; and 


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1 (12) has offered apologies to the government 

2 and people of the Republic of Korea for the deaths 

3 that North Korea inflicted due to the unprovoked at4 tacks on the South Korean naval vessel Cheonan on 

5 March 26, 2010, and on the island of Yeonpyeong6 do on November 23, 2010. 

7 (d) SENSE OF CONGRESS.—It is the sense of Con8 gress that, in light of the congressional finding described 

9 in subsection (a), the Secretary of State should redesig10 nate North Korea as a state sponsor of terrorism imme11 diately upon the date of the enactment of this Act. 

12 (e) STATE SPONSOR OF TERRORISM DEFINED.—In 

13 this section, the term ‘‘state sponsor of terrorism’’ means 

14 any country the government of which the Secretary of 

15 State determines has repeatedly provided support for acts 

16 of international terrorism pursuant to section 6(j) of the 

17 Export Administration Act of 1979 (as continued in effect 

18 pursuant to the International Emergency Economic Pow19 ers Act), section 40 of the Arms Export Control Act, sec20 tion 620A of the Foreign Assistance Act of 1961, or any 

21 other provision of law. 

22 SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION 

23 OF NORTH KOREA. 

24 (a) FINDING.—Congress finds that the United States 

25 did not grant diplomatic recognition to North Korea upon 


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1 its establishment as a client regime of the former Soviet 

2 Union in 1948. The United States has consistently contin3 ued to withhold such formal diplomatic recognition during 

4 the 61 years since the sudden and unprovoked attack by 

5 North Korean forces on the Republic of Korea on June 

6 25, 1950, an attack which led directly to the Korean War 

7 and the deaths of over 36,000 United States military per8 sonnel as well as at least 2,000,000 Koreans and over 

9 3,000 soldiers from Allied countries. 

10 (b) CONTINUATION OF DIPLOMATIC NONRECOGNI11 TION.—No funds may be expended for the establishment 

12 of a United States diplomatic presence in North Korea, 

13 including an Embassy, Consulate, or liaison office, until 

14 such time as the President certifies to Congress that the 

15 Government of North Korea has met all of the bench16 marks specified in section 3. 

17 SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN 

18 MISSILE LAUNCH OR NUCLEAR TEST. 

19 Given North Korea’s third nuclear weapons test on 

20 February 12, 2013, in violation of United Nations Secu21 rity Council Resolutions 1695, 1718, 1874, and 2087, the 

22 President shall instruct the United States Permanent 

23 Representative to the United Nations to use the voice, 

24 vote, and influence of the United States to secure adoption 

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1 demning North Korea’s action as a violation of United Na2 tions Security Council Resolutions 1695, 1718, 1874, and 

3 2087 and requiring the implementation of comprehensive 

4 sanctions and an inspection regime against North Korea. 

Æ 


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