II 

113TH CONGRESS 

2D SESSION S. 3012 

To improve the enforcement of sanctions against the Government of North 

Korea, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2014 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

A BILL 

To improve the enforcement of sanctions against the 

Government of North Korea, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘North Korea Sanctions Enforcement Act of 2014’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes. 

Sec. 3. Definitions. 

TITLE I—INVESTIGATIONS, PROHIBITED CONDUCT, AND 

PENALTIES 


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Sec. 101. Statement of policy. 

Sec. 102. Investigations. 

Sec. 103. Briefing to Congress. 

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. Exemptions, waivers, and removals of designation. 

TITLE III—PROMOTION OF HUMAN RIGHTS 

Sec. 301. Information technology. 

Sec. 302. Report on North Korean prison camps. 

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

Korea. 

TITLE IV—GENERAL AUTHORITIES 

Sec. 401. Suspension of sanctions and other measures. 

Sec. 402. Termination of sanctions and other measures. 

Sec. 403. North Korea Enforcement and Humanitarian Fund. 

Sec. 404. Rulemaking. 

Sec. 405. Effective date. 

1 SEC. 2. FINDINGS; PURPOSES. 

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

3 (1) The Government of North Korea— 

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

8 (B) has willfully violated multiple United 

9 Nations Security Council resolutions calling for 

10 it to cease its development, testing, and produc11 tion of weapons of mass destruction. 


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1 (2) North Korea poses a grave risk for the pro2 liferation of nuclear weapons and other weapons of 

3 mass destruction. 

4 (3) The Government of North Korea has been 

5 implicated repeatedly in money laundering and illicit 

6 activities, including— 

7 (A) prohibited arms sales; 

8 (B) narcotics trafficking; 

9 (C) the counterfeiting of United States 

10 currency; and 

11 (D) the counterfeiting of intellectual prop12 erty of United States persons. 

13 (4) North Korea has— 

14 (A) unilaterally withdrawn from the Ko15 rean War Armistice Agreement, done at Pan16 munjom, Korea, July 27, 1953; and 

17 (B) committed provocations against South 

18 Korea in 2010— 

19 (i) by sinking the warship Cheonan 

20 and killing 46 of her crew; and 

21 (ii) by shelling Yeonpyeong Island and 

22 killing 4 South Korean civilians. 

23 (5) North Korea maintains a system of brutal 

24 political prison camps that contain as many as 

25 200,000 men, women, and children, who are— 


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1 (A) kept in atrocious living conditions with 

2 insufficient food, clothing, and medical care; 

3 and 

4 (B) under constant fear of torture or arbi5 trary execution. 

6 (6) North Korea has prioritized weapons pro7 grams and the procurement of luxury goods— 

8 (A) in defiance of United Nations Security 

9 Council Resolutions 1695 (adopted July 15, 

10 2006), 1718 (adopted October 14, 2006), 1874 

11 (adopted June 12, 2009), 2087 (adopted Janu12 ary 22, 2013), and 2094 (adopted March 7, 

13 2013); and 

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

15 people. 

16 (7) Persons, including financial institutions, 

17 who engage in transactions with, or provide financial 

18 services to, the Government of North Korea and its 

19 financial institutions without establishing sufficient 

20 financial safeguards against North Korea’s use of 

21 these transactions to promote proliferation, weapons 

22 trafficking, human rights violations, illicit activity, 

23 and the purchase of luxury goods— 

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

25 the international financial system; and 


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1 (B) violate the intent of the United Na2 tions Security Council resolutions referred to in 

3 paragraph (6)(A). 

4 (8) The conduct of the Government of North 

5 Korea poses an imminent threat to— 

6 (A) the security of the United States and 

7 its allies; 

8 (B) the global economy; 

9 (C) the safety of members of the United 

10 States Armed Forces; 

11 (D) the integrity of the global financial 

12 system; 

13 (E) the integrity of global nonproliferation 

14 programs; and 

15 (F) the people of North Korea. 

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

17 (1) to use nonmilitary means to address the cri18 sis described in subsection (a); 

19 (2) to provide diplomatic leverage to negotiate 

20 necessary changes in North Korea’s conduct; 

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

22 Korea; and 

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

24 4 of the North Korean Human Rights Act of 2004 

25 (22 U.S.C. 7802). 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPLICABLE EXECUTIVE ORDER.—The 

4 term ‘‘applicable Executive order’’ means— 

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

6 38567; relating to blocking property of weapons 

7 of mass destruction proliferators and their sup8 ports), Executive Order 13466 (73 Fed. Reg. 

9 36787; relating to continuing certain restric10 tions with respect to North Korea and North 

11 Korean nationals), Executive Order 13551 (75 

12 Fed. Reg. 53837; relating to blocking property 

13 of certain persons with respect to North 

14 Korea), or Executive Order 13570 (76 Fed. 

15 Reg. 22291; relating to prohibiting certain 

16 transactions with respect to North Korea), to 

17 the extent that such Executive order— 

18 (i) authorizes the imposition of sanc19 tions on persons for conduct; or 

20 (ii) prohibits transactions or activities 

21 involving the Government of North Korea; 

22 or 

23 (B) any Executive order adopted on or 

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

25 the extent that such Executive order— 


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1 (i) authorizes the imposition of sanc2 tions on persons for conduct; or 

3 (ii) prohibits transactions or activities 

4 involving the Government of North Korea. 

5 (2) APPLICABLE UNITED NATIONS SECURITY

6 COUNCIL RESOLUTION.—The term ‘‘applicable 

7 United Nations Security Council resolution’’ 

8 means— 

9 (A) United Nations Security Council Reso10 lution 1695 (adopted July 15, 2006), 1718 

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

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

13 2013), or 2094 (adopted March 7, 2013); or 

14 (B) any United Nations Security Council 

15 resolution adopted on or after the date of the 

16 enactment of this Act that— 

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

19 (ii) prohibits transactions or activities 

20 involving the Government of North Korea. 

21 (3) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means— 

24 (A) the Committee on Foreign Relations of 

25 the Senate; 


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1 (B) the Committee on Banking, Housing, 

2 and Urban Affairs of the Senate; 

3 (C) the Committee on Foreign Affairs of 

4 the House of Representatives; and 

5 (D) the Committee on Financial Services 

6 of the House of Representatives. 

7 (4) DESIGNATED PERSON.—The term ‘‘des8 ignated person’’ means a person designated under 

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

10 applying 1 or more of the sanctions described in title 

11 I or II with respect to the person. 

12 (5) GOVERNMENT OF NORTH KOREA.—The 

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

14 (A) the Government of the Democratic 

15 People’s Republic of Korea or any political sub16 division, agency, or instrumentality thereof; and 

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

18 acting for or on behalf of, the Government of 

19 North Korea. 

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

21 goods’’— 

22 (A) has the meaning given such term in 

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

24 Regulations; and 


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1 (B) includes the items listed in Supplement 

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

3 items. 

4 (7) MONETARY INSTRUMENTS.—The term 

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

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

7 Code. 

8 (8) NORTH KOREAN FINANCIAL INSTITUTION.— 

9 The term ‘‘North Korean financial institution’’ 

10 means any financial institution that— 

11 (A) is organized under the laws of North 

12 Korea or any jurisdiction within North Korea 

13 (including a foreign branch of such institution); 

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

15 a financial institution that is excluded by the 

16 President in accordance with section 207(d); 

17 (C) is owned or controlled by the Govern18 ment of North Korea, regardless of location; 

19 and 

20 (D) is owned or controlled by a financial 

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

22 or (C), regardless of location. 

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

24 ‘‘other stores of value’’ means— 


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1 (A) prepaid access devices, tangible or in2 tangible prepaid access devices, and other in3 struments or devices for the storage or trans4 mission of value (as such terms are defined in 

5 part 1010 of title 31, Code of Federal Regula6 tions); and 

7 (B) any covered goods (as defined in sec8 tion 1027.100 of title 31, Code of Federal Reg9 ulations), and any instrument or tangible or in10 tangible access device used for the storage and 

11 transmission of a representation of covered 

12 goods, or other device (as defined in such sec13 tion 1027.100). 

14 TITLE I—INVESTIGATIONS, PRO15 HIBITED CONDUCT, AND PEN16 ALTIES 

17 SEC. 101. STATEMENT OF POLICY. 

18 In order to achieve the peaceful disarmament of 

19 North Korea, Congress finds that it is necessary— 

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

21 promptly implement United Nations Security Coun22 cil Resolution 2094 (adopted March 7, 2013); 

23 (2) to sanction the persons, including financial 

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1 ous human rights abuses, cash smuggling, and cen2 sorship by the Government of North Korea; 

3 (3) to authorize the President to sanction per4 sons who fail to exercise due diligence to ensure that 

5 such financial institutions and jurisdictions do not 

6 facilitate proliferation, arms trafficking, kleptocracy, 

7 and imports of luxury goods by the Government of 

8 North Korea; 

9 (4) to deny the Government of North Korea ac10 cess to the funds it uses to obtain nuclear weapons, 

11 ballistic missiles, and luxury goods instead of pro12 viding for the needs of its people; and 

13 (5) to enforce sanctions in a manner that 

14 avoids any adverse humanitarian impact on the peo15 ple of North Korea. 

16 SEC. 102. INVESTIGATIONS. 

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

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

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

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

24 heads of other Federal departments and agencies as may 


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1 be necessary to assign sufficient experienced and qualified 

2 investigators, attorneys, and technical personnel— 

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

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

7 SEC. 103. BRIEFING TO CONGRESS. 

8 Not later than 180 days after the date of the enact9 ment of this Act, and periodically thereafter, the President 

10 shall provide to the appropriate congressional committees 

11 a briefing on efforts to implement this Act. 

12 SEC. 104. DESIGNATION OF PERSONS. 

13 (a) PROHIBITED ACTIVITIES.— 

14 (1) PROHIBITED CONDUCT DESCRIBED.—Ex15 cept as provided in section 207, the President may 

16 designate under this subsection any person that the 

17 President determines— 

18 (A) knowingly (directly or indirectly) im19 ported, exported, or reexported to, into, or from 

20 North Korea any goods, services, or technology 

21 controlled for export by the United States due 

22 to their use for weapons of mass destruction 

23 and their delivery systems and materially con24 tributing to the use, development, production, 

25 possession, or acquisition by any persons of a 


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1 nuclear, radiological, chemical, or biological 

2 weapon, or any device or system designed in 

3 whole or in part to deliver such a weapon; 

4 (B) knowingly (directly or indirectly) pro5 vided training, advice, or other services or as6 sistance, or engaged in significant financial 

7 transactions, relating to the manufacture, main8 tenance, or use of any such weapon or system 

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

10 or from North Korea; 

11 (C) knowingly (directly or indirectly) im12 ported, exported, or reexported luxury goods to 

13 or into North Korea; 

14 (D) knowingly engaged in, or is responsible 

15 for, censorship by the Government of North 

16 Korea; 

17 (E) knowingly engaged in, or is responsible 

18 for, serious human rights abuses by the Govern19 ment of North Korea; 

20 (F) knowingly (directly or indirectly) en21 gaged in money laundering, the counterfeiting 

22 of goods or currency, bulk cash smuggling, or 

23 narcotics trafficking that supports the Govern24 ment of North Korea or any senior official 

25 thereof; or 


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1 (G) knowingly attempted to engage in any 

2 of the conduct described in subparagraphs (A) 

3 through (E). 

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

5 subsections (b) and (c) of section 206 of the Inter6 national Emergency Economic Powers Act (50 

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

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

9 violation of any prohibition under this subsection, or 

10 of an order or regulation prescribed under this Act, 

11 to the same extent that such penalties apply to a 

12 person that commits an unlawful act described in 

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

14 (b) ADDITIONAL PROHIBITED ACTIVITIES.— 

15 (1) PROHIBITED CONDUCT DESCRIBED.—Ex16 cept as provided in section 207, the President may 

17 designate under this subsection any person that the 

18 President determines— 

19 (A) knowingly engaged in, contributed to, 

20 assisted, sponsored, or provided financial, mate21 rial or technological support for, or goods and 

22 services in support of, any person designated 

23 pursuant to an applicable United Nations Secu24 rity Council resolution; 

25 (B) knowingly contributed to— 


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1 (i) the bribery of an official of the 

2 Government of North Korea; 

3 (ii) the misappropriation, theft, or em4 bezzlement of public funds by, or for the 

5 benefit of, an official of the Government of 

6 North Korea; or 

7 (iii) the use of any proceeds of any 

8 such conduct; or 

9 (C) knowingly and materially assisted, 

10 sponsored, or provided significant financial, ma11 terial, or technological support for, or goods or 

12 services to or in support of, the activities de13 scribed in subparagraph (A) or (B). 

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

15 any person designated under this subsection, the 

16 President may— 

17 (A) apply the sanctions described in sec18 tion 204, 205, or 206; 

19 (B) apply any of the special measures de20 scribed in section 5318A of title 31, United 

21 States Code; 

22 (C) prohibit any transactions in foreign ex23 change— 

24 (i) that are subject to the jurisdiction 

25 of the United States; and 


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1 (ii) in which such person has any in2 terest; and 

3 (D) prohibit any transfers of credit or pay4 ments between financial institutions or by, 

5 through, or to any financial institution, to the 

6 extent that such transfers or payments— 

7 (i) are subject to the jurisdiction of 

8 the United States; and 

9 (ii) involve any interest of such per10 son. 

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

12 all of the powers granted to the President under the Inter13 national Emergency Economic Powers Act (50 U.S.C. 

14 1701 et seq.) to the extent necessary to block and prohibit 

15 all transactions in property and interests in property of 

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

17 section if such property and interests in property are in 

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

19 or come within the possession or control of a United 

20 States person. 

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

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

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

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

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


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

2 whose property and interests in property are blocked pur3 suant to this section. 

4 (e) TRANSACTION LICENSING.—The President shall 

5 deny or revoke any license for any transaction that the 

6 President determines to lack sufficient financial controls 

7 to ensure that such transaction will not facilitate any of 

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

9 SEC. 105. FORFEITURE OF PROPERTY. 

10 (a) AMENDMENT TO PROPERTY SUBJECT TO FOR11 FEITURE.—Section 981(a)(1) of title 18, United States 

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

13 ‘‘(I) Any real or personal property that is in14 volved in a violation or attempted violation, or which 

15 constitutes or is derived from proceeds traceable to 

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

17 Sanctions Enforcement Act of 2014.’’. 

18 (b) AMENDMENT TO DEFINITION OF CIVIL FOR19 FEITURE STATUTE.—Section 983(i)(2)(D) of title 18, 

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

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

22 U.S.C. App. 1 et seq.), the International Emer23 gency Economic Powers Act (50 U.S.C. 1701 et 

24 seq.), or the North Korea Sanctions Enforce25 ment Act of 2014; or’’. 


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

3 United States Code, is amended— 

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

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

6 the Atomic Energy Act of 1954’’; and 

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

8 section 104(a) of the North Korea Sanctions En9 forcement Act of 2014 (relating to prohibited trade 

10 with North Korea);’’. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—From 

12 the amounts in the Assets Forfeiture Fund established 

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

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

16 as added by the Treasury Forfeiture Fund Act of 1992 

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

18 to be appropriated for each of the fiscal years 2015 

19 through 2023, in such proportions as the President may 

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

21 for law enforcement expenses for the enforcement of this 

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

24 personnel, and such personnel as the President determines 


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

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

4 paid to the United States by a financial institution or 

5 other person in lieu of the commencement of criminal, 

6 civil, or administrative forfeiture proceedings to forfeit 

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

8 or in settlement of such forfeiture proceedings— 

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

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

11 the President may determine, into— 

12 (A) the Assets Forfeiture Fund established 

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

14 Code; or 

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

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

18 Treasury Forfeiture Fund Act of 1992 (section 

19 638 of Public Law 102–393). 

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

21 or any amendment made by this title may be construed 

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

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

24 Code; or 


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

2 Code, as added by the Treasury Forfeiture Fund 

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

4 TITLE II—SANCTIONS AGAINST 

5 NORTH KOREAN PROLIFERA6 TION, HUMAN RIGHTS 

7 ABUSES, AND ILLICIT ACTIVI8 TIES 

9 SEC. 201. DETERMINATIONS WITH RESPECT TO NORTH 

10 KOREA AS A JURISDICTION OF PRIMARY 

11 MONEY LAUNDERING CONCERN. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) The Under Secretary for Terrorism and Fi15 nancial Intelligence, who is responsible for safe16 guarding the financial system against illicit use, 

17 money laundering, terrorist financing, and the pro18 liferation of weapons of mass destruction, and has 

19 repeatedly expressed concern about North Korea’s 

20 misuse of the international financial system— 

21 (A) in 2006— 

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

23 counterfeiting of U.S. currency, narcotics 

24 trafficking and use of accounts world-wide 

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1 actions, the line between illicit and licit 

2 North Korean money is nearly invisible.’’; 

3 and 

4 (ii) urged financial institutions world5 wide to ‘‘think carefully about the risks of 

6 doing any North Korea-related business’’; 

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

8 (i) ‘‘remains intent on engaging in 

9 proliferation, selling arms as well as bring10 ing in material’’; and 

11 (ii) was ‘‘aggressively pursuing the ef12 fort to establish front companies.’’; and 

13 (C) in 2013, stated— 

14 (i) in reference to North Korea’s dis15 tribution of high-quality counterfeit United 

16 States currency, that ‘‘North Korea is con17 tinuing to try to pass a supernote into the 

18 international financial system’’; and 

19 (ii) the Department of the Treasury 

20 would soon introduce new currency with 

21 improved security features to protect 

22 against counterfeiting by the Government 

23 of North Korea. 

24 (2) The Financial Action Task Force, an inter25 governmental body whose purpose is to develop and 


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1 promote national and international policies to com2 bat money laundering and terrorist financing, has 

3 repeatedly— 

4 (A) expressed concern at deficiencies in 

5 North Korea’s regimes to combat money laun6 dering and terrorist financing; 

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

8 action to address significant deficiencies in 

9 these regimes and the serious threat they pose 

10 to the integrity of the international financial 

11 system; 

12 (C) urged all jurisdictions to apply coun13 termeasures to protect the international finan14 cial system from ongoing and substantial money 

15 laundering and terrorist financing risks ema16 nating from North Korea; 

17 (D) urged all jurisdictions to advise their 

18 financial institutions to give special attention to 

19 business relationships and transactions with 

20 North Korea, including North Korean compa21 nies and financial institutions; and 

22 (E) called on all jurisdictions— 

23 (i) to protect against correspondent 

24 relationships being used to bypass or evade 


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1 countermeasures and risk mitigation prac2 tices; and 

3 (ii) to take into account money laun4 dering and terrorist financing risks when 

5 considering requests by North Korean fi6 nancial institutions to open branches and 

7 subsidiaries in their respective jurisdic8 tions. 

9 (3) On March 7, 2013, the United Nations Se10 curity Council unanimously adopted Resolution 

11 2094, which— 

12 (A) welcomed the Financial Action Task 

13 Force’s— 

14 (i) recommendation on financial sanc15 tions related to proliferation; and 

16 (ii) guidance on the implementation of 

17 such sanctions; 

18 (B) decided that United Nations Member 

19 States should apply enhanced monitoring and 

20 other legal measures to prevent the provision of 

21 financial services or the transfer of property 

22 that could contribute to activities prohibited by 

23 applicable United Nations Security Council res24 olutions; and 


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1 (C) called on United Nations Member 

2 States to prohibit North Korean banks from es3 tablishing or maintaining correspondent rela4 tionships with banks in their respective jurisdic5 tions to prevent the provision of financial serv6 ices if such states have information that pro7 vides reasonable grounds to believe that such 

8 activities could contribute to— 

9 (i) activities prohibited by an applica10 ble United Nations Security Council reso11 lution; or 

12 (ii) the evasion of such prohibitions. 

13 (b) SENSE OF CONGRESS REGARDING THE DESIGNA14 TION OF NORTH KOREA AS A JURISDICTION OF PRIMARY

15 MONEY LAUNDERING CONCERN.—Congress— 

16 (1) acknowledges the efforts of the United Na17 tions Security Council to impose limitations on, and 

18 to require the enhanced monitoring of, transactions 

19 involving North Korean financial institutions that 

20 could contribute to sanctioned activities; 

21 (2) urges the President, in the strongest 

22 terms— 

23 (A) to consider immediately designating 

24 North Korea as a jurisdiction of primary money 

25 laundering concern; and 


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1 (B) to adopt stringent special measures to 

2 safeguard the financial system against the risks 

3 posed by North Korea’s willful evasion of sanc4 tions and its illicit activities; and 

5 (3) urges the President to seek the prompt im6 plementation by other states of enhanced monitoring 

7 and due diligence to prevent North Korea’s misuse 

8 of the international financial system, including by 

9 sharing information about activities, transactions, 

10 and property that could contribute to— 

11 (A) activities sanctioned by applicable 

12 United Nations Security Council resolutions; or 

13 (B) the evasion of such sanctions. 

14 (c) DETERMINATIONS REGARDING NORTH KOREA.— 

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

16 after the date of the enactment of this Act, the Sec17 retary of the Treasury, in consultation with the Sec18 retary of State and Attorney General, and in accord19 ance with section 5318A of title 31, United States 

20 Code, shall determine whether reasonable grounds 

21 exist for concluding that North Korea is a jurisdic22 tion of primary money laundering concern. 

23 (2) ENHANCED DUE DILIGENCE AND REPORT24 ING REQUIREMENTS.—Except as provided in section 

25 207, if the Secretary of the Treasury determines 


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1 under this subsection that reasonable grounds exist 

2 for concluding that North Korea is a jurisdiction of 

3 primary money laundering concern, the Secretary, in 

4 consultation with the Federal functional regulators, 

5 shall impose 1 or more of the special measures de6 scribed in paragraphs (1) through (5) of section 

7 5318A(b) of title 31, United States Code, with re8 spect to the jurisdiction of North Korea. 

9 (3) REPORT REQUIRED.— 

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

11 Treasury shall submit a report to the appro12 priate congressional committees that contains 

13 the reasons for any determination under para14 graph (1). 

15 (B) FORM.—The report submitted under 

16 subparagraph (A) shall be submitted in unclas17 sified form, but may contain a classified annex. 

18 SEC. 202. ENSURING THE CONSISTENT ENFORCEMENT OF 

19 UNITED NATIONS SECURITY COUNCIL RESO20 LUTIONS AND FINANCIAL RESTRICTIONS ON 

21 NORTH KOREA. 

22 (a) FINDINGS.—Congress finds that— 

23 (1) all member states and jurisdictions are obli24 gated to implement and enforce applicable United 

25 Nations Security Council resolutions fully and 


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1 promptly, including by blocking the property of, and 

2 ensuring that any property is prevented from being 

3 made available to, persons designated by the Secu4 rity Council under applicable United Nations Secu5 rity Council resolutions; 

6 (2) all states and jurisdictions share a common 

7 interest in protecting the international financial sys8 tem from the risks of money laundering and illicit 

9 transactions emanating from North Korea; 

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

11 the world’s principal reserve currencies, and the 

12 United States and the European Union are pri13 marily responsible for the protection of the inter14 national financial system from these risks; 

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

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

17 is essential to— 

18 (A) the enforcement of applicable United 

19 Nations Security Council resolutions; and 

20 (B) the protection of the international fi21 nancial system; 

22 (5) the report of the Panel of Experts estab23 lished pursuant to United Nations Security Council 

24 Resolution 1874 (adopted on June 11, 2013) ex25 pressed concern about the ability of banks in— 


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1 (A) states with less effective regulators; 

2 and 

3 (B) states that are unable to afford effec4 tive compliance to detect and prevent illicit 

5 transfers 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 as having materially contributed to the 

17 proliferation of weapons of mass destruction; 

18 (8) Korea Daesong Bank and Korea Kwangson 

19 Banking Corporation have been designated by the 

20 Secretary of the Treasury and the European Union 

21 as having materially contributed to the proliferation 

22 of weapons of mass destruction; 

23 (9) the Foreign Trade Bank of North Korea 

24 has been designated by the Secretary of the Treas25 ury for facilitating transactions on behalf of persons 


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1 linked to its proliferation network, and for serving as 

2 ‘‘a key financial node’’; and 

3 (10) Daedong Credit Bank has been designated 

4 by the Secretary of the Treasury for activities pro5 hibited by applicable United Nations Security Coun6 cil resolutions, including the use of deceptive finan7 cial practices to facilitate transactions on behalf of 

8 persons linked to North Korea’s proliferation net9 work. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the President should intensify diplomatic efforts 

12 in appropriate international fora, such as the United Na13 tions, and bilaterally, to develop and implement a coordi14 nated, consistent, multilateral strategy for protecting the 

15 global financial system against risks emanating from 

16 North Korea, including— 

17 (1) the cessation of any financial services whose 

18 continuation is inconsistent with applicable United 

19 Nations Security Council resolutions; 

20 (2) the cessation of any financial services to 

21 persons, including financial institutions, that present 

22 unacceptable risks of facilitating money laundering 

23 and illicit activity by the Government of North 

24 Korea; 


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

2 in accordance with the legal process of the state or 

3 jurisdiction in which the property is held, of any 

4 property required to be blocked under applicable 

5 United Nations Security Council resolutions; and 

6 (4) the blocking of any property derived from il7 licit activity, or from the misappropriation, theft, or 

8 embezzlement of public funds by, or for the benefit 

9 of, officials of the Government of North Korea. 

10 SEC. 203. PROLIFERATION PREVENTION SANCTIONS. 

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

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

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

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

15 2405(j)). No defense exports may be approved for the 

16 Government of North Korea. 

17 (b) TRANSACTIONS IN LETHAL MILITARY EQUIP18 MENT.— 

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

20 assistance under the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2151 et seq.) to the government of any 

22 country that provides lethal military equipment to 

23 the Government of North Korea. 

24 (2) APPLICABILITY.—The prohibition under 

25 this subsection with respect to a foreign government 


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

2 date on which the restriction under paragraph (1) 

3 may have been applied. 

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

5 prohibitions under this section with respect to a country 

6 if the Secretary determines that it is in the national inter7 est of the United States to do so. 

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

9 shall not apply to the provision of assistance for human 

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

11 assistance. 

12 SEC. 204. PROCUREMENT SANCTIONS. 

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

14 the United States Government may not procure, or enter 

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

16 services from any designated person. 

17 (b) FEDERAL ACQUISITION REGULATION.— 

18 (1) IN GENERAL.—The Federal Acquisition 

19 Regulation issued pursuant to section 1303 of title 

20 41, United States Code, shall be revised to require 

21 that each person that is a prospective contractor 

22 submit a certification that such person does not en23 gage in any of the conduct described in section 

24 104(a). 


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1 (2) APPLICABILITY.—The revision referred to 

2 in paragraph (1) shall apply with respect to con3 tracts for which solicitations are issued on or after 

4 the date that is 90 days after the date of the enact5 ment of this Act. 

6 (c) GENERAL SERVICES ADMINISTRATION.— 

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

8 General Services shall include, on the List of Parties 

9 Excluded from Federal Procurement and Non10 procurement Programs maintained by the Adminis11 trator under part 9 of the Federal Acquisition Regu12 lation, each person that is debarred, suspended, or 

13 proposed for debarment or suspension by the head 

14 of an executive agency on the basis of a determina15 tion of a false certification under subsection (b). 

16 (2) CONTRACT TERMINATION; SUSPENSION.—If 

17 the head of an executive agency determines that a 

18 person has submitted a false certification under sub19 section (b) after the date on which the Federal Ac20 quisition Regulation is revised to implement the re21 quirements of this section, the head of such execu22 tive agency shall— 

23 (A) terminate a contract with such person; 

24 or 


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1 (B) debar or suspend such person from eli2 gibility for Federal contracts for a period of not 

3 more than 2 years. 

4 (3) APPLICABLE PROCEDURES.—Any debar5 ment or suspension under paragraph (2)(B) shall be 

6 subject to the procedures that apply to debarment 

7 and suspension under the Federal Acquisition Regu8 lation under subpart 9.4 of part 9 of title 48, Code 

9 of Federal Regulations. 

10 (d) CLARIFICATION REGARDING CERTAIN PROD11 UCTS.—The remedies specified in subsections (a) through 

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

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

14 Agreements Act of 1979 (19 U.S.C. 2518(4)) of any for15 eign country or instrumentality designated under section 

16 301(b) of such Act (19 U.S.C. 2511(b)). 

17 (e) RULE OF CONSTRUCTION.—Nothing in this sub18 section may be construed to limit the use of other remedies 

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

20 official of the Federal Government on the basis of a deter21 mination of a false certification under subsection (b). 

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

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

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


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1 SEC. 205. ENHANCED INSPECTION AUTHORITIES. 

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

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

4 thereafter, the President shall submit a report to the ap5 propriate congressional committees that identifies foreign 

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

7 conveyances originating in North Korea, carrying North 

8 Korean property, or operated by the Government of North 

9 Korea are not sufficient to effectively prevent the facilita10 tion of any of the activities described in section 104(a). 

11 (b) ENHANCED CUSTOMS INSPECTION REQUIRE12 MENTS.—The Secretary of Homeland Security may re13 quire enhanced inspections of any cargo landed in the 

14 United States or entering the stream of interstate com15 merce that has been transported through a port or airport 

16 identified by the President under subsection (a). 

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

18 or conveyance used to facilitate any of the activities de19 scribed in section 104(a) under the jurisdiction of the 

20 United States may be seized and forfeited under— 

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

22 or 

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

24 1202 et seq.). 


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1 SEC. 206. TRAVEL SANCTIONS. 

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

3 Secretary of Homeland Security, pursuant to section 104, 

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

5 is— 

6 (1) a designated person; 

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

8 or 

9 (3) a principal shareholder with a controlling 

10 interest in a designated person. 

11 SEC. 207. EXEMPTIONS, WAIVERS, AND REMOVALS OF DES12 IGNATION. 

13 (a) EXEMPTIONS.— 

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

15 be exempt from sanctions under sections 104 and 

16 206: 

17 (A) Activities subject to the reporting re18 quirements under title V of the National Secu19 rity Act of 1947 (50 U.S.C. 413 et seq.), or to 

20 any authorized intelligence activities of the 

21 United States. 

22 (B) Any transaction necessary to comply 

23 with United States obligations under the Agree24 ment between the United Nations and the 

25 United States of America regarding the Head26 quarters of the United Nations, signed June 


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1 26, 1947, and entered into force on November 

2 21, 1947, or under the Vienna Convention on 

3 Consular Relations, signed April 24, 1963, and 

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

5 other international agreements. 

6 (C) Any financial transaction for which the 

7 exclusive purpose is to import agricultural prod8 ucts, medicine, or medical devices into North 

9 Korea if such supplies or equipment— 

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

11 the Export Administration Regulations (15 

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

13 (ii) are not controlled under— 

14 (I) the Export Administration 

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

16 seq.), as continued in effect under the 

17 International Emergency Economic 

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

19 (II) the Arms Export Control Act 

20 (22 U.S.C. 2751 et seq.); 

21 (III) part B of title VIII of the 

22 Nuclear Proliferation Prevention Act 

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

24 (IV) the Chemical and Biological 

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1 nation Act of 1991 (22 U.S.C. 5601 

2 et seq.). 

3 (2) EXPORT ADMINISTRATION REGULATIONS

4 DEFINED.—In this subsection, the term ‘‘Export Ad5 ministration Regulations’’ means the regulations set 

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

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

8 and maintained and amended under the authority of 

9 the International Emergency Economic Powers Ac 

10 (50 U.S.C. 1701 et seq.). 

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

12 renewable periods, the application of the sanctions author13 ized under section 104, 204, 205, or 206 if the President 

14 submits to the appropriate congressional committees a 

15 written determination that the waiver meets 1 or more of 

16 the following requirements: 

17 (1) The waiver is important to the national se18 curity interests of the United States. 

19 (2) The waiver will further the enforcement of 

20 this Act or is for an important law enforcement pur21 pose. 

22 (3) The waiver is for an important humani23 tarian purpose, including any of the purposes de24 scribed in section 4 of the North Korean Human 

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


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1 (c) FINANCIAL SERVICES FOR HUMANITARIAN AND

2 CONSULAR ACTIVITIES.—The President may promulgate 

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

4 to facilitate the provision of financial services by a foreign 

5 financial institution that is not controlled by the Govern6 ment of North Korea in support of the activities subject 

7 to exemption under this Act. 

8 TITLE III—PROMOTION OF 

9 HUMAN RIGHTS 

10 SEC. 301. INFORMATION TECHNOLOGY. 

11 Section 104 of the North Korean Human Rights Act 

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

13 end the following: 

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

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

16 North Korea Sanctions Enforcement Act of 2014, the 

17 President shall submit a classified report to the appro18 priate congressional committees that sets forth a detailed 

19 plan for making unrestricted, unmonitored, and inexpen20 sive electronic mass communications available to the peo21 ple of North Korea.’’. 

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

23 (a) IN GENERAL.—The Secretary of State shall sub24 mit a report to the appropriate congressional committees 


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1 that describes, with respect to each political prison camp 

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

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

4 (2) the camp’s geographical coordinates; 

5 (3) the reasons for the confinement of the pris6 oners; 

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

8 and the end users of any goods produced in such 

9 camp; 

10 (5) the natural persons and agencies respon11 sible for conditions in the camp; 

12 (6) the conditions under which prisoners are 

13 confined, with respect to the adequacy of food, shel14 ter, medical care, working conditions, and reports of 

15 ill-treatment of prisoners; and 

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

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

18 compromise the sources and methods used by the in19 telligence agencies of the United States to capture 

20 geospatial imagery. 

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

22 may be included in the first report required to be sub23 mitted to Congress after the date of the enactment of this 

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1 sistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) 

2 (relating to the annual human rights report). 

3 SEC. 303. BRIEFING ON SERIOUS HUMAN RIGHTS ABUSES 

4 OR CENSORSHIP IN NORTH KOREA. 

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

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

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

8 appropriate congressional committees that describes seri9 ous human rights abuses or serious censorship undertaken 

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

11 (b) DESIGNATION OF RESPONSIBLE PERSONS.—The 

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

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

14 responsible for serious human rights abuses or censorship 

15 in North Korea. 

16 (c) SENSE OF CONGRESS.—It is the sense of Con17 gress that the President should— 

18 (1) seek the prompt adoption by the United Na19 tions Security Council of a resolution calling for the 

20 blocking of the assets of all persons responsible for 

21 severe human rights abuses or censorship in North 

22 Korea; and 

23 (2) fully cooperate with the prosecution of any 

24 natural person listed in the report required under 

25 subsection (a) before any international tribunal that 


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1 may be established to prosecute persons responsible 

2 for severe human rights abuses or censorship in 

3 North Korea. 

4 TITLE IV—GENERAL 

5 AUTHORITIES 

6 SEC. 401. SUSPENSION OF SANCTIONS AND OTHER MEAS7 URES. 

8 (a) IN GENERAL.—Any sanction or other measure re9 quired under title I, II, or III (or any amendment made 

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

11 certification by the President to the appropriate congres12 sional committees that the Government of North Korea 

13 has made progress toward— 

14 (1) verifiably ceasing its counterfeiting of 

15 United States currency, including the surrender or 

16 destruction of specialized materials and equipment 

17 used or particularly suitable for counterfeiting; 

18 (2) taking steps toward financial transparency 

19 to comply with generally accepted protocols to cease 

20 and prevent the laundering of monetary instruments; 

21 (3) taking steps toward verification of its com22 pliance with applicable United Nations Security 

23 Council resolutions; 

24 (4) taking steps toward accounting for and re25 patriating the citizens of other countries— 


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1 (A) abducted or unlawfully held captive by 

2 the Government of North Korea; or 

3 (B) detained in violation of the 1953 Armi4 stice Agreement; 

5 (5) accepting and beginning to abide by inter6 nationally recognized standards for the distribution 

7 and monitoring of humanitarian aid; and 

8 (6) taking verified steps to improve living condi9 tions in its political prison camps. 

10 (b) RENEWAL OF SUSPENSION.—The suspension de11 scribed in subsection (a) may be renewed for additional, 

12 consecutive 180-day periods after the President certifies 

13 to the appropriate congressional committees that the Gov14 ernment of North Korea has continued to comply with the 

15 conditions described in subsection (a) during the previous 

16 year. 

17 SEC. 402. TERMINATION OF SANCTIONS AND OTHER MEAS18 URES. 

19 Any sanction or other measure required under title 

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

21 terminate on the date on which the President determines 

22 and certifies to the appropriate congressional committees 

23 that the Government of North Korea has— 

24 (1) met the requirements set forth in section 

25 401; and 


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1 (2) has made significant progress toward— 

2 (A) completely, verifiably, and irreversibly 

3 dismantling all of its nuclear, chemical, biologi4 cal, and radiological weapons programs, includ5 ing all programs for the development of systems 

6 designed in whole or in part for the delivery of 

7 such weapons; 

8 (B) releasing all political prisoners, includ9 ing the citizens of North Korea detained in 

10 North Korea’s political prison camps; and 

11 (C)(i) ceasing its censorship of peaceful po12 litical activity; 

13 (ii) establishing an open, transparent, and 

14 representative society; and 

15 (iii) fully accounting for and repatriating 

16 United States citizens (included deceased)— 

17 (I) abducted or unlawfully held cap18 tive by the Government of North Korea; or 

19 (II) detained in violation of the 1953 

20 Armistice Agreement. 

21 SEC. 403. NORTH KOREA ENFORCEMENT AND HUMANI22 TARIAN FUND. 

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

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


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1 North Korea Enforcement and Humanitarian Fund (re2 ferred to in this section as the ‘‘Fund’’). 

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

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

5 the Treasury in a special account for the purposes de6 scribed in subsection (c), all revenues derived from— 

7 (1) fines and penalties assessed for violations of 

8 this Act, or any regulation established under this 

9 Act, or for any violation of an applicable Executive 

10 order; and 

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

12 fines and penalties paid in lieu of the commencement 

13 of, or paid in settlement of, criminal or civil pro14 ceedings for a violation of this Act or any regulation 

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

16 applicable Executive order. 

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

18 from the Fund each fiscal year— 

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

20 making appropriations for the administration of the 

21 Fund; and 

22 (2) without regard to fiscal year limitation, 

23 amounts not exceeding— 


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

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

3 7813), $3,000,000; 

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

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

6 7814), $5,000,000; 

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

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

9 7833), $5,000,000; and 

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

11 104 of the North Korean Human Rights Act of 

12 2004 (22 U.S.C. 7814) (as added by section 

13 301 of this Act), $2,000,000. 

14 (d) SATISFACTION OF JUDGMENTS.— 

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

16 transfer of funds from the Fund established under 

17 this section to the United States district court in 

18 which any judgment has been entered against the 

19 Government of North Korea pursuant to section 

20 1605A of title 28, United States Code, pursuant to 

21 section 1083(c)(2) of the National Defense Author22 ization Act for Fiscal Year 2008 (28 U.S.C. 1605A 

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

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

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1 tion of amounts appropriated pursuant to the au2 thorization of appropriations under subsection (c), 

3 for the satisfaction of such judgments. 

4 (2) RULE OF CONSTRUCTION ON STANDING BY

5 JUDGMENT CREDITORS.—Nothing in this section, 

6 any amendment made by section 105, or section 306 

7 shall be construed to create standing by any judg8 ment creditor to contest or intervene in a forfeiture 

9 action under chapter 46 of title 18, United States 

10 Code. 

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

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

13 days thereafter, the President shall provide a briefing to 

14 the appropriate congressional committees describing 

15 amounts available in the Fund, amounts obligated and ex16 pended for each purpose, and any amounts transferred out 

17 of the Fund. 

18 (f) TRANSFER.—To prevent the accumulation of ex19 cessive surpluses in the Fund, in any fiscal year an 

20 amount specified in an annual appropriation law that is 

21 available after the obligation of amounts authorized to be 

22 appropriated in subsection (c) and authorized to be trans23 ferred in subsection (d), may be transferred out of the 

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


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

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

3 (g) SUNSET.—The Fund established under this sec4 tion shall cease to exist on September 30, 2023, and any 

5 unexpended funds remaining in the Fund after such date 

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

7 SEC. 404. RULEMAKING. 

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

9 promulgate such rules and regulations as may be nec10 essary to carry out the provisions of this Act (which may 

11 include regulatory exceptions), including under section 

12 205 of the International Emergency Economic Powers Act 

13 (50 U.S.C. 1704). 

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

15 or in any amendment made by this Act shall be construed 

16 to limit the authority of the President to designate or 

17 sanction persons pursuant to an applicable Executive 

18 order or otherwise pursuant to the International Emer19 gency Economic Powers Act (50 U.S.C. 1701 et seq.). 

20 SEC. 405. EFFECTIVE DATE. 

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

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

23 during the 3-year period beginning on the date of the en24 actment of this Act. 

Æ 


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