I 

111TH CONGRESS 

2D SESSION H. R. 5350 

To continue restrictions against and prohibit diplomatic recognition of the 

Government of North Korea, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2010 

Ms. ROS-LEHTINEN (for herself, Mr. BURTON of Indiana, Mrs. BACHMANN, 

Mr. PENCE, Mr. MACK, Mr. MANZULLO, Mr. ROYCE, and Mr. ROHRABACHER) introduced the following bill; which was referred to the Committee on Foreign Affairs 

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 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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

9 diplomatic process did not act in good faith by their 


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1 refusal to agree to a transparent verification process 

2 for denuclearization consistent with ‘‘international 

3 standards’’, including provisions for nuclear sam4 pling, following North Korea’s removal on October 

5 11, 2008, from the list of state sponsors of terrorism 

6 maintained by the Department of State. 

7 (2) International press reports indicate that 

8 North Korea has continued to provide support to 

9 Iran in the areas of missile technology and nuclear 

10 development and has provided Iran’s surrogates, 

11 Hezbollah and Hamas, with both missile technology 

12 and training in tunneling techniques with which to 

13 attack Israel, an ally of the United States. 

14 (3) International press reports indicate that 

15 North Korea was engaged for a number of years in 

16 assistance to Syria in the construction of a nuclear 

17 reactor in the Syrian desert which was destroyed in 

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

19 (4) North Korean negotiators continue to refuse 

20 to address in a humane and sincere manner the 

21 issue of the abduction of civilians of Japan and the 

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

23 as well as the abductions of citizens from a number 

24 of other countries, including France, Lebanon, Ro25 mania, and Thailand. 


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1 (5) Defectors coming out of North Korea have 

2 provided testimony that United States permanent 

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

4 father of United States citizens, was tortured and 

5 murdered inside North Korea after his abduction by 

6 Pyongyang’s agents on the Chinese border in Janu7 ary 2000 and that his remains are currently being 

8 held at a military facility inside North Korea. 

9 (6) Congress authoritatively expressed its view, 

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

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

12 7832(b)(2)) that ‘‘United States nonhumanitarian 

13 assistance to North Korea shall be contingent on 

14 North Korea’s substantial progress’’ on human 

15 rights improvements, release of and accounting for 

16 abductees, family reunification, reform of North Ko17 rea’s labor camp system, and the decriminalization 

18 of political expression, none of which has occurred. 

19 (7) Congress further authoritatively expressed 

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

21 Rights Reauthorization Act of 2008 (Public Law 

22 110–346) that ‘‘human rights and humanitarian 

23 conditions inside North Korea are deplorable’’ and 

24 that ‘‘North Korean refugees remain acutely vulner25 able’’. 


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1 (8) Congress has determined that any missile 

2 test or launch conducted by North Korea would be 

3 in direct violation of United Nations Security Coun4 cil resolution 1695, adopted on July 16, 2006, which 

5 ‘‘condemns the multiple launches by the DPRK 

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

7 local time’’, and United Nations Security Council 

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

9 ‘‘demands that the DPRK (North Korea) not con10 duct any further nuclear test or launch of a ballistic 

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

12 all activities related to its ballistic missile pro13 gramme and in this context re-establish its pre-exist14 ing commitments to a moratorium on missile launch15 ing’’, and further determines that the resulting sanc16 tions imposed under such resolution 1718 would 

17 again come into full effect following a missile test or 

18 launch. 

19 (9) Congress has further determined that a re20 turn by North Korea to the Six-Party diplomatic 

21 process following any missile test or launch by 

22 Pyongyang must include a firm and transparent 

23 commitment to the complete, verifiable and irrevers24 ible dismantlement of all of North Korea’s nuclear 


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1 programs, including those derived both from pluto2 nium as well as highly enriched uranium. 

3 (10) Japanese press reports have indicated that 

4 a delegation of approximately fifteen Iranian missile 

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

6 help Pyongyang prepare for a rocket launch’’, in7 cluding senior officials with the Iranian rocket and 

8 satellite producer Shahid Hemmat Industrial Group, 

9 and that they brought with them a letter from their 

10 President Mahmoud Ahmadinejad to North Korean 

11 leader Kim Jong-Il stressing the importance of co12 operating on space technology. 

13 (11) North Korea, in defiance of the inter14 national community’s efforts to end nuclear pro15 liferation and in violation of its international obliga16 tions, conducted a second underground nuclear test 

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

18 Nations Security Council Resolution 1718, which re19 sulted in the passage of United Nations Security 

20 Council Resolution 1874 on June 12, 2009, which 

21 imposed additional sanctions and inspection require22 ments with regard to North Korea. 


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1 SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE 

2 GOVERNMENT OF NORTH KOREA. 

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

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

5 to rescind the designation of North Korea as a state spon6 sor of terrorism, North Korea has committed acts that can 

7 be defined as international terrorism or as highly provoca8 tive, including— 

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

10 Korean military-trained agents to South Korea with 

11 orders to assassinate North Korean defector Hwang 

12 Jang-yop who were apprehended by South Korean 

13 officials in April 2010; 

14 (2) complicity in the sinking of the South Ko15 rean naval vessel Cheonan on March 26, 2010, 

16 which resulted in the deaths of 46 South Korean 

17 naval personnel; and 

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

19 seized in Bangkok in December 2009, which were 

20 bound for delivery to foreign terrorist organizations 

21 Hezbollah and Hamas, according to a statement 

22 made by Israeli Foreign Minister Avigdor Lieberman 

23 in Tokyo on May 12, 2010. 

24 (b) CONTINUATION OF RESTRICTIONS.—Notwith25 standing the decision by the Secretary of State on October 

26 11, 2008, to rescind the designation of North Korea as 


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1 a state sponsor of terrorism, and in light of the congres2 sional finding described in subsection (a), restrictions 

3 against the Government of North Korea that were im4 posed by reason of a determination of the Secretary of 

5 State that the Government of North Korea is a state spon6 sor of terrorism and that are in effect as of the date of 

7 the enactment of this Act shall remain in effect, and shall 

8 not be lifted, unless the President makes the certification 

9 described in subsection (c). 

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

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

12 determination of the President that the Government of 

13 North Korea— 

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

15 of missile or nuclear technology, particularly to the 

16 governments of Iran, Syria, or any other state spon17 sor of terrorism; 

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

19 operations or tunneling, or harboring, supplying, fi20 nancing, or supporting in any way— 

21 (A) Hamas, Hezbollah, the Japanese Red 

22 Army, or any member of such organizations; 

23 (B) any organization designated by the 

24 Secretary of State as a foreign terrorist organi25 zation in accordance with section 219(a) of the 


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

2 1189(a)); and 

3 (C) any person included on the annex to 

4 Executive Order 13224 (September 21, 2001) 

5 and any other person identified under section 1 

6 of that Executive Order whose property and in7 terests are blocked by that section (commonly 

8 known as a ‘‘specially designated global ter9 rorist’’); 

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

11 United States currency ‘‘supernotes’’; 

12 (4) is no longer engaged in the international 

13 trafficking of illicit narcotics into the United States, 

14 Japan, Australia, or other allied countries of the 

15 United States; 

16 (5) has returned the last remains of United 

17 States permanent resident, Reverend Kim Dong18 shik, to his United States citizen widow, family, and 

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

20 proper Christian burial in Chicago; 

21 (6) has released the Japanese nationals recog22 nized as abduction victims by the Government of 

23 Japan as well as abduction victims recognized by the 

24 Government of the Republic of Korea; 


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1 (7) has released an estimated 600 surviving 

2 South Korean POWs, and any other surviving 

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

4 North Korea against their will and in violation of 

5 the Armistice Agreement since hostilities ended in 

6 July, 1953; 

7 (8) has made concrete provisions for unre8 stricted family reunification meetings for those indi9 viduals among the two-million strong Korean-Amer10 ican community who maintain family ties with rel11 atives inside North Korea; 

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

13 including the gulag of concentration camps holding 

14 an estimated 200,000 political and religious pris15 oners, to unrestricted and regular visits by rep16 resentatives of the International Committee of the 

17 Red Cross (ICRC); 

18 (10) has made provision for unrestricted and 

19 regular access by representatives of the United Na20 tional High Commissioner for Refugees to refugees 

21 forcibly repatriated to North Korea to determine 

22 their general health and welfare; and 

23 (11) has made concrete provisions for unre24 stricted contact, including direct communications 

25 and meetings, between representatives of interVerDate Mar 15 2010 22:17 May 21, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5350.IH H5350

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1 national and South Korean religious organizations, 

2 including Christians and Buddhists, and their co-be3 lievers inside North Korea. 

4 (d) SENSE OF CONGRESS.—It is the sense of Con5 gress that, in light of the congressional finding described 

6 in subsection (a), the Secretary of State should redesig7 nate North Korea as a state sponsor of terrorism imme8 diately upon the date of the enactment of this Act. 

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

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

11 any country the government of which the Secretary of 

12 State determines has repeatedly provided support for acts 

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

14 Export Administration Act of 1979 (as continued in effect 

15 pursuant to the International Emergency Economic Pow16 ers Act), section 40 of the Arms Export Control Act, sec17 tion 620A of the Foreign Assistance Act of 1961, or any 

18 other provision of law. 

19 SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION 

20 OF NORTH KOREA. 

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

22 did not grant diplomatic recognition to North Korea upon 

23 its establishment as a client regime of the former Soviet 

24 Union in 1948. The United States has consistently contin25 ued to withhold such formal diplomatic recognition during 


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1 the 60 years since the sudden and unprovoked attack by 

2 North Korean forces on the Republic of Korea on June 

3 25, 1950, an attack which led directly to the Korean War 

4 and the deaths of over 36,000 United States military per5 sonnel as well as at least 2,000,000 Koreans and over 

6 3,000 soldiers from Allied countries. 

7 (b) CONTINUATION OF DIPLOMATIC NONRECOGNI8 TION.—The diplomatic nonrecognition described in sub9 section (a), including restrictions on the establishment of 

10 a permanent presence or United States liaison office inside 

11 North Korea, shall remain in effect, until such time as 

12 the President certifies to Congress that the Government 

13 of North Korea has met all of the benchmarks specified 

14 in section 3. 

15 SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN 

16 MISSILE LAUNCH OR NUCLEAR TEST. 

17 In the case of the launch of a missile, rocket, or other 

18 airborne object by North Korea or the conducting of a nu19 clear test in violation of United Nations Security Council 

20 Resolutions 1695, 1718, and 1874, the President shall in21 struct the United States Permanent Representative to the 

22 United Nations to use the voice, vote, and influence of the 

23 United States to secure adoption of a United Nations Se24 curity Council resolution condemning North Korea’s ac25 tion as a violation of United Nations Security Council ResVerDate Mar 15 2010 22:17 May 21, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5350.IH H5350

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1 olutions 1695, 1718, and 1874 and requiring the imple2 mentation of comprehensive sanctions and an inspection 

3 regime against North Korea. 

Æ 


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