I 
114TH CONGRESS 
2D SESSION 
H. R. 6281 
To prevent further advances in North Korea’s nuclear program by preventing 
specialized financial messaging services to, or direct or indirect access 
to such messaging services for, the Central Bank of the Democratic 
People’s Republic of Korea and certain other financial institutions and 
sanctioned persons, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2016 
Mr. SALMON (for himself, Mr. SHERMAN, Mr. DESJARLAIS, Mr. BERA, Mr. 
ROHRABACHER, Mr. MARINO, Ms. ROS-LEHTINEN, Mr. LOWENTHAL, Mr. 
DUNCAN of South Carolina, and Mr. PERRY) introduced the following 
bill; which was referred to the Committee on Foreign Affairs 
A BILL 
To prevent further advances in North Korea’s nuclear pro-
gram by preventing specialized financial messaging serv-
ices to, or direct or indirect access to such messaging 
services for, the Central Bank of the Democratic People’s 
Republic of Korea and certain other financial institutions 
and sanctioned persons, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Block Access to North 
Korea Act of 2016’’ or ‘‘BANK Act of 2016’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) North Korea continues to develop a ballistic 
missile and nuclear weapons program, despite nu-
merous United States and international sanctions, 
including United Nations Security Council Resolu-
tions 1695, 1718, 1874, 2087, 2094, and 2270, 
among others. 
(2) North Korea tested its fifth and largest nu-
clear device on September 9, 2016. 
(3) North Korea has increased the pace of its 
missile testing, including the test of a submarine- 
launched ballistic missile, potentially furthering the 
development of a second-strike capability. 
(4) North Korea has persistently demonstrated 
an unwillingness to meaningfully negotiate with the 
United States regarding denuclearization. 
(5) By its actions and continued investments in 
its nuclear program, it is clear that the Government 
of North Korea has no intention to reduce or elimi-
nate its nuclear weapons program. 
(6) Specialized financial messaging services 
allow for messaging and contact, including the 
transfer of funds, between financial institutions. 
(7) The Central Bank of the Democratic Peo-
ple’s Republic of Korea and certain other financial 
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institutions are currently able to avail themselves to 
financial messaging systems which could be used in 
funding the North Korean nuclear program. 
(8) Experts link North Korea to the hacking of 
specialized financial messaging institutions, resulting 
in the theft of $81,000,000 from the central bank of 
Bangledesh. 
(9) North Korean provocations continue to en-
danger its citizens, those of United States allies, and 
those of Americans. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) providers of specialized financial messaging 
services are a critical link to the international finan-
cial system; 
(2) directly providing specialized financial mes-
saging services to, or enabling or facilitating direct 
or indirect access to such messaging services for, 
any financial institution is inconsistent with para-
graph 11 of the United Nations Security Council 
Resolution 2094; and 
(3) the United States reaffirms its commitment 
to its allies in the region, including the Republic of 
Korea and Japan, which are directly threatened by 
North Korea. 
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SEC. 4. AUTHORIZATION OF IMPOSITION OF SANCTIONS 
WITH RESPECT TO THE PROVISION OF SPE-
CIALIZED FINANCIAL MESSAGING SERVICES 
TO THE CENTRAL BANK OF THE DEMO-
CRATIC PEOPLE’S REPUBLIC OF KOREA AND 
CERTAIN OTHER FINANCIAL INSTITUTIONS 
AND SANCTIONED PERSONS. 
(a) IN GENERAL.—The President shall impose sanc-
tions pursuant to the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.) with respect to a 
person if, on or after the date that is 90 days after the 
date of the enactment of this Act, the person continues 
to knowingly and directly provide specialized financial 
messaging services to, or knowingly enable or facilitate di-
rect or indirect access to such messaging services for— 
(1) the Central Bank of the Democratic Peo-
ple’s Republic of Korea; 
(2) a financial institution that facilitates any 
transaction or transactions or provides significant fi-
nancial services for nuclear development or prolifera-
tion for or on behalf of North Korea; or 
(3) a person identified on the list of specially 
designated nationals and blocked persons maintained 
by the Office of Foreign Assets Control of the De-
partment of the Treasury by reason of assisting the 
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nuclear development or proliferation efforts of North 
Korea. 
(b) WAIVER.—The President may waive the require-
ment to impose sanctions with respect to a person under 
subsection (a) if— 
(1) the person is subject to a sanctions regime 
under its governing foreign law that requires it to 
eliminate the knowing provision of such messaging 
services to, and the knowing enabling and facilita-
tion of direct or indirect access to such messaging 
services for, the Central Bank of the Democratic 
People’s Republic of Korea, any financial institution 
described in subsection (a)(2), and any person de-
scribed in subsection (a)(3); 
(2) the person has, pursuant to that sanctions 
regime, terminated the knowing provision of such 
messaging services to, and the knowing enabling and 
facilitation of direct or indirect access to such mes-
saging services for, the Central Bank of the Demo-
cratic People’s Republic of Korea, any financial in-
stitution described in subsection (a)(2), and any per-
son described in subsection (a)(3); and 
(3) the President determines that such a waiver 
is in the national interest of the United States. 
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(c) CLARIFICATION.—For purposes of this section, 
enabling or facilitating direct or indirect access to special-
ized financial messaging services for the Central Bank of 
the Democratic People’s Republic of Korea, a financial in-
stitution described in subsection (a)(2), or a person de-
scribed in subsection (a)(3) includes doing so by serving 
as an intermediary financial institution with access to such 
messaging services. 
Æ 
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