TITLE III—WAIVER OF CERTAIN 
SANCTIONS 
TO 
FACILITATE 
DENUCLEARIZATION 
ACTIVI-
TIES IN NORTH KOREA 
SEC. 301. WAIVER AUTHORITY AND EXCEPTIONS. 
(a) WAIVER AUTHORITY.—Except as provided in sub-
section (b), the President may waive, in whole or in part, 
the application of any sanction contained in subparagraph 
(A), (B), (D), or (G) of section 102(b)(2) of the Arms Export 
Control Act (22 U.S.C. 2799aa–1(b)(2)) with respect to 
North Korea in order to provide material, direct, and nec-
essary 
assistance 
for 
disablement, 
dismantlement, 
verification, and physical removal activities in the imple-
mentation of the commitment of North Korea, undertaken 
in the Joint Statement of September 19, 2005, ‘‘to aban-
doning all nuclear weapons and existing nuclear programs’’ 
as part of the verifiable denuclearization of the Korean Pe-
ninsula. 
(b) EXCEPTIONS.—The waiver authority under sub-
section (a) may not be exercised with respect to the fol-
lowing: 
(1) Any export of lethal defense articles that 
would be prevented by the application of section 
102(b)(2)(B) of the Arms Export Control Act. 
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(2) Any sanction relating to credit or credit 
guarantees contained in section 102(b)(2)(D) of the 
Arms Export Control Act. 
SEC. 302. CERTIFICATION REGARDING WAIVER OF CERTAIN 
SANCTIONS. 
Assistance described in subparagraph (B) or (G) of sec-
tion 102(b)(2) of the Arms Export Control Act (22 U.S.C. 
2799aa–1(b)(2)) may be provided with respect to North 
Korea by reason of the exercise of the waiver authority 
under section 301 only if the President first determines and 
certifies to the appropriate congressional committees that— 
(1) all necessary steps will be taken to ensure 
that the assistance will not be used to improve the 
military capabilities of the armed forces of North 
Korea; and 
(2) the exercise of the waiver authority is in the 
national security interests of the United States. 
SEC. 303. CONGRESSIONAL NOTIFICATION AND REPORT. 
(a) NOTIFICATION.—The President shall notify the ap-
propriate congressional committees in writing not later 
than 15 days before exercising the waiver authority under 
section 301. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, and annually thereafter for 
such time during which the exercise of the waiver authority 
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under section 301 remains in effect, the President shall 
transmit to the appropriate congressional committees a re-
port that— 
(1) describes in detail the progress that is being 
made in the implementation of the commitment of 
North Korea described in section 301; 
(2) describes in detail any failures, shortcomings, 
or obstruction by North Korea with respect to the im-
plementation of the commitment of North Korea de-
scribed in section 301; 
(3) describes in detail the progress or lack thereof 
in the preceding 12-month period of all other pro-
grams promoting the elimination of North Korea’s ca-
pability to develop, deploy, transfer, or maintain 
weapons of mass destruction or their delivery systems; 
and 
(4) beginning with the second report required by 
this subsection, a justification for the continuation of 
the waiver exercised under section 301 and, if appli-
cable, section 302, for the fiscal year in which the re-
port is submitted. 
SEC. 304. TERMINATION OF WAIVER AUTHORITY. 
Any waiver in effect by reason of the exercise of the 
waiver authority under section 301 shall terminate if the 
President determines that North Korea— 
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(1)(A) on or after September 19, 2005, trans-
ferred to a non-nuclear-weapon state, or received, a 
nuclear explosive device; or 
(B) on or after October 10, 2006, detonated a 
nuclear explosive device; or 
(2) on or after September 19, 2005— 
(A) transferred to a non-nuclear-weapon 
state any design information or component 
which is determined by the President to be im-
portant to, and known by North Korea to be in-
tended by the recipient state for use in, the devel-
opment or manufacture of any nuclear explosive 
device, or 
(B) sought and received any design infor-
mation or component which is determined by the 
President to be important to, and intended by 
North Korea for use in, the development or man-
ufacture of any nuclear explosive device, 
unless the President determines and certifies to the 
appropriate congressional committees that such waiv-
er is vital to the national security interests of the 
United States. 
SEC. 305. EXPIRATION OF WAIVER AUTHORITY. 
Any waiver in effect by reason of the exercise of the 
waiver authority under section 301 shall terminate on the 
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date that is 4 years after the date of the enactment of this 
Act. The waiver authority under section 301 may not be 
exercised beginning on the date that is 3 years after the 
date of the enactment of this Act. 
SEC. 306. CONTINUATION OF RESTRICTIONS AGAINST THE 
GOVERNMENT OF NORTH KOREA. 
(a) IN GENERAL.—Except as provided in section 
301(a), restrictions against the Government of North Korea 
that were imposed by reason of a determination of the Sec-
retary of State that North Korea is a state sponsor of ter-
rorism shall remain in effect, and shall not be lifted pursu-
ant to the provisions of law under which the determination 
was made, unless the President certifies to the appropriate 
congressional committees that— 
(1) the Government of North Korea is no longer 
engaged in the transfer of technology related to the ac-
quisition or development of nuclear weapons, particu-
larly to the Governments of Iran, Syria, or any other 
country that is a state sponsor of terrorism; 
(2) in accordance with the Six-Party Talks 
Agreement of February 13, 2007, the Government of 
North Korea has ‘‘provided a complete and correct 
declaration of all its nuclear programs,’’ and there 
are measures to effectively verify this declaration by 
the United States which, ‘‘[a]t the request of the other 
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