North Korea Sanctions and Policy Enhancement Act of 2016

Bill: 114-hr-757
Sponsor: Rep. Royce, Edward R. [R-CA-39]
Introduced: 2015-02-05 in the House
Policy area: International Affairs
Subjects: Arms control and nonproliferation
Asia
Chemical and biological weapons
Computer security and identity theft
Conflicts and wars
Congressional oversight
Crimes against property
Criminal procedure and sentencing
Currency
Customs enforcement
Detention of persons
Diplomacy, foreign officials, Americans abroad
Drug trafficking and controlled substances
Foreign aid and international relief
Foreign and international banking
Foreign property
Fraud offenses and financial crimes
Government ethics and transparency, public corruption
Government studies and investigations
Human rights
Human trafficking
Intellectual property
Intelligence activities, surveillance, classified information
International exchange and broadcasting
International law and treaties
International organizations and cooperation
Internet and video services
Internet, web applications, social media
Japan
Labor standards
Licensing and registrations
Metals
Military assistance, sales, and agreements
Military personnel and dependents
News media and reporting
North Korea
Nuclear weapons
Presidents and presidential powers, Vice Presidents
Protest and dissent
Public contracts and procurement
Rule of law and government transparency
Sanctions
Smuggling and trafficking
South Korea
Technology transfer and commercialization
Telephone and wireless communication
Trade restrictions
Travel and tourism
United Nations
Visas and passports
War and emergency powers

Summary:
action_date: 2015-02-05
text: 

North Korea Sanctions Enforcement Act of 2015

 
This bill requires the President to investigate any credible information of sanctionable activities involving North Korea and to designate and apply sanctions with respect to any person (including entities) knowingly engaging in or contributing to activities in North Korea, through export or import, which involve weapons of mass destruction, significant arms or related materiel, significant luxury goods, money laundering, censorship, or human rights abuses. 
 
The President shall exercise authorities under the International Emergency Economic Powers Act with respect to such persons and the government of North Korea.
 
The President also has discretionary authority to designate and apply sanctions to persons involved in certain other kinds of conduct.
 
Real or personal property will be subjected to civil forfeiture if it is involved in any attempted or actual violation of this Act, or which constitutes or is derived from proceeds traceable to such a violation.
 
The Secretary of the Treasury is required to:
 
 
determine whether reasonable grounds exist for concluding that North Korea is a jurisdiction of primary money laundering concern; and, if so,
 
impose one or more special measures with respect to the jurisdiction of North Korea.
 
 
The sense of Congress is declared about ensuring the consistent enforcement of United Nations Security Council resolutions and financial restrictions on North Korea.
 
A validated license is required for export to North Korea of any goods or technology subject to the Export Administration Regulations, which shall also be subject to a presumption of denial. Specified prohibitions and restrictions of the Arms Export Control Act shall be applied to any provision of munitions to North Korea regardless of whether it is designated as a state sponsor of terrorism.
 
The President must withhold assistance under the Foreign Assistance Act of 1961 to any country that provides lethal military equipment to, or receives it from, the government of North Korea.
 
U.S. government contracts with designated persons are forbidden.
 
The Secretary of Homeland Security (DHS) shall require enhanced screening procedures to determine if physical inspections are warranted of any cargo bound for or landed in the United States that has been transported through a foreign seaport or airport whose inspections are deficient if there are reasonable grounds to believe that such cargo contains goods prohibited under this Act.
 
Seizure or forfeiture is also authorized for vessels or aircraft used to facilitate sanctionable activities.
 
Visas are denied to designated aliens, and the issuing consular officer, the Secretary of State, or DHS must revoke any visas or other entry documentation already issued to them.
 
Certain exemptions to designations and waivers of designations and sanctions will be allowed.
 
The President must report to Congress on:
 
 
significant activities undermining cyber security conducted, or otherwise ordered or controlled, directly or indirectly, by the government of North Korea; and 
 
a detailed plan for making unrestricted, unmonitored, and inexpensive radio, Internet, and electronic mass communications available to the people of North Korea.
 
 
The Secretary of State is required to report to Congress certain information on:
 
 
each political prison camp in North Korea; and 
 
the identity of each person responsible for serious human rights abuses or censorship in North Korea, along with a description of those abuses or censorship.
 
 
Circumstances for suspension or termination of sanctions are also specified.

action_date: 2016-01-11
text: 

North Korea Sanctions Enforcement Act of 2015

 
TITLE I--INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES
 
(Sec. 102) This bill requires the President to investigate any credible information of sanctionable activities by a person (individual or entity) involving North Korea.
 
(Sec. 103) The President shall periodically brief Congress on efforts to implement this Act, including: 
 
 
the government of North Korea's principal foreign assets income sources; 
 
a list of persons designated for prohibited conduct and sanctions; 
 
a list of persons with respect to which sanctions were waived or removed; and 
 
a summary of any diplomatic efforts made, including efforts to encourage the European Union and other states and jurisdictions to sanction and block the assets of the Foreign Trade Bank of North Korea and Daedong Credit Bank.
 
 
 (Sec. 104) The President shall designate any person that has knowingly: 
 
 
engaged in significant activities or transactions with the government of North Korea that have materially contributed to the proliferation of weapons of mass destruction or their means of delivery; 
 
imported, exported, or reexported to, into, or from North Korea any significant arms or related materiel; 
 
provided significant training or other services or assistance, or engaged in significant transactions, related to the manufacture, maintenance, or use of arms or related materiel to be imported, exported, or reexported to, into, or from North Korea, or following their importation, exportation, or reexportation to, into, or from North Korea; 
 
imported, exported, or reexported significant luxury goods to or into North Korea; 
 
engaged in or been responsible for censorship by the government of North Korea, including prohibiting, limiting, or penalizing the exercise of freedom of expression or assembly, limiting access to print, radio or other broadcast media, Internet or other electronic communications; 
 
engaged in or been responsible for serious human rights abuses by the government of North Korea; 
 
engaged in acts of money laundering, counterfeiting of goods or currency, bulk cash smuggling, narcotics trafficking, or other illicit activity that involves or supports the government of North Korea or any senior government official; or 
 
attempted to engage in such conduct.
 
 
 The President: 
 
 
shall exercise the authorities of the International Emergency Economic Powers Act to block all property and property interests of any designated person that are in or come within the United States, or that are or come within the possession or control of any U.S. person, including any overseas branch; and 
 
may apply any of the sanctions under this Act.
 
 
The penalties provided under the International Emergency Economic Powers Act shall apply to a person who violates, attempts to violate, or conspires to violate any such prohibition. 
 
The President may designate any person that has knowingly: 
 
 
engaged in, contributed to, assisted, or provided financial, material or technological support for, or goods and services in support of, any violation or evasion of an applicable United Nations Security Council resolution; 
 
facilitated the transfer of any funds, financial assets, or economic resources of, or property or property interests of, a person designated under an Executive order or by the Security Council; 
 
facilitated the transfer of funds, financial assets, or economic resources, or any property or property interests derived from, involved in, or that has materially contributed to prohibited conduct; 
 
facilitated any transaction, including any transaction in bulk cash or other stores of value, without applying enhanced monitoring to ensure that such transaction does not contribute materially to prohibited conduct described in this Act, an Executive order, or an applicable Security Council resolution; 
 
facilitated any transaction in cash or monetary instruments used to facilitate conduct prohibited by a Security Council resolution; 
 
engaged in significant activities undermining cyber security in support of the government of North Korea or any senior government official, or have knowingly contributed to the bribery of a North Korean official, the misappropriation or theft of public funds by, or for the benefit of, such an official; or 
 
assisted or provided significant financial, material, or technological support for, or goods or services to or in support of, such conduct. 
 
 
With respect to a designated person, the President may: 
 
 
apply the procurement sanctions under this Act; 
 
apply certain financial special measures;
 
prohibit foreign exchange transactions that are subject to U.S. jurisdiction; 
 
prohibit transfers of credit or payments between financial institutions or by, through, or to financial institutions that are subject to U.S. jurisdiction; and 
 
exercise the authorities of the International Emergency Economic Powers Act to block property and property interests of a designated person that are in or come within the United States, or that are or come within the possession or control of any U.S. person, including any overseas branch. 
 
 
The President shall promulgate regulations prohibiting U.S. persons from engaging in a property transaction: 
 
 
in which the government of North Korea has an interest, 
 
located in North Korea, 
 
of North Korean origin, or 
 
in which property was knowingly transferred to the government of North Korea. 
 
 
The President shall deny or revoke any license for any transaction that lacks sufficient financial controls to ensure that such transaction will not facilitate prohibited conduct.
 
The President may issue regulations to authorize: (1) certain exempt or waived transactions, and (2) transactions and activities authorized under the North Korean Human Rights Act of 2004. Any such transaction that includes transactions with the government of North Korea may not be authorized. 
 
(Sec. 105) Any property, real or personal, involved in an actual or attempted violation of this Act, or which constitutes or is derived from proceeds traceable to a violation of it, is subject to U.S. forfeiture.
 
TITLE II--SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS ABUSES, ILLICIT ACTIVITIES, AND SIGNIFICANT ACTIVITIES UNDERMINING CYBER SECURITY 
 
(Sec. 201) Security Council efforts to impose limitations on, and require enhanced monitoring of, transactions involving North Korean financial institutions that could contribute to sanctioned activities are acknowledged. 
 
 The President should: 
 
 
designate North Korea as a jurisdiction of primary money laundering concern, and adopt measures to safeguard the financial system against North Korea's evasion of sanctions and its illicit activities; and 
 
seek the prompt implementation by other states of enhanced monitoring to prevent North Korea's misuse of the international financial system. 
 
 
The Department of the Treasury shall: (1) determine whether reasonable grounds exist for concluding that North Korea is a jurisdiction of primary money laundering concern; and (2) if so, impose specified financial-related special measures and submit a related report to Congress.
 
(Sec. 202) It is the sense of Congress that the President should intensify diplomatic efforts to develop a multilateral strategy for protecting the global financial system against risks emanating from North Korea. 
 
(Sec. 203) A license shall be required for export to North Korea of goods or technology subject to the Export Administration Regulations without regard to whether North Korea has been designated a country whose government has supported acts of international terrorism. Any such license shall be subject to a presumption of denial. 
 
Certain prohibitions and restrictions under the Arms Export Control Act shall apply to exporting or otherwise providing any munitions item to North Korea without regard to whether or not it is designated a state sponsor of terrorism. 
 
Specified criminal penalties shall apply to any U.S. person that engages in financial transactions with the government of North Korea, except as provided for in this Act and under the North Korean Human Rights Act of 2004. 
 
The President shall withhold assistance under the Foreign Assistance Act of 1961 to the governments of countries providing lethal military equipment to, or receiving it from, North Korea. The President may waive this prohibition if in the U.S. national interest.
 
(Sec. 204) The U.S. government is prohibited from procuring, or contracting to procure, any goods or services from a designated person. 
 
The Federal Acquisition Regulation is amended to require each prospective contractor to certify that it does not engage in any activity sanctionable under this Act. Any contract with a person making a false certification shall be terminated unless there are urgent and compelling circumstances significantly affecting U.S. interests. 
 
An agency head shall initiate a suspension and debarment proceeding against any person making a false certification, and upon suspension or debarment, ensure that such person is entered into the government database of parties excluded from federal programs. 
 
The remedies of contract termination and suspension and debarment shall not apply with respect to federal procurement of the eligible products of certain foreign countries or instrumentalities under the Trade Agreements Act of 1979. 
 
(Sec. 205) The President, through the Department of Homeland Security (DHS), shall report to Congress on foreign seaports and airports whose inspections of ships, aircraft, and conveyances originating in North Korea, carrying North Korean property, or operated by the North Korean government are deficient to effectively prevent the facilitation of any of the activities sanctionable under this Act. 
 
DHS shall require, using the Automated Targeting System operated by the National Targeting Center in U.S. Customs and Border Protection, enhanced screening procedures to determine if physical inspections are warranted of any cargo bound for or landed in the United States that has been transported through such a seaport or airport if there are reasonable grounds to believe that such cargo contains goods prohibited under this Act. 
 
 Any vessel, aircraft, or conveyance used to facilitate sanctionable activity that comes within U.S. jurisdiction may be seized and forfeited.
 
(Sec. 206) Any alien (or any alien who is a corporate officer of a designated person) who the Department of State or DHS knows, or has reasonable grounds to believe, is described in section 104 of this Act to be: (1) inadmissible to the United States, (2) ineligible to receive a visa or other documentation to enter the United States, and (3) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act. 
 
Any visa or other entry documentation already issued to such an alien shall be revoked, with an exception for an alien who must be admitted to comply with the Agreement regarding the Headquarters of the United Nations. 
 
(Sec. 207) The following are exempt from sanctions under this Act: (1) authorized U.S. intelligence activities, and (2) transactions necessary to comply with U.S. obligations under the Agreement regarding the Headquarters of the United Nations or the Vienna Convention on Consular Relations. 
 
Discretionary exemptions from sanctions are permitted for transactions, financial or otherwise, involving humanitarian aid and imports into North Korea of non-luxury food products, agricultural products, medicine, or medical devices designated &quot;EAR 99&quot; under the Export Administration Regulations. 
 
The President may waive sanctions, on a case-by-case basis, for a year or more in specified circumstances.
 
(Sec. 208) The President shall report to Congress on significant activities undermining cyber security conducted, or otherwise ordered or controlled, by the government of North Korea.
 
(Sec. 209) It is the sense of Congress that North Korea's nuclear and ballistic missile programs are of mutual concern to the United States, Japan, and South Korea and a trilateral military intelligence-sharing arrangement is essential to the security of each nation and the Asia-Pacific region. 
 
(Sec. 210) The President shall report to Congress on nuclear cooperation between North Korea and Iran, including the identity of Iranian and North Korean persons that have knowingly engaged in or directed the provision of related material support or the exchange of information between such countries.
 
TITLE III--PROMOTION OF HUMAN RIGHTS
 
(Sec. 301) The North Korean Human Rights Act of 2004 is amended to direct the President to submit a report to Congress setting forth a detailed plan for making radio, Internet, and electronic mass communications available to the people of North Korea. 
 
(Secs. 302-303) The State Department shall report to Congress regarding:
 
 
each political prison camp in North Korea; and 
 
the identity of each person responsible for serious human rights abuses or censorship in North Korea, along with a description of those abuses or censorship.
 
 
TITLE IV--GENERAL AUTHORITIES
 
(Sec. 401) Any sanction or other measure provided for in title I or title II may be suspended for up to 365 days, and renewed for additional 180-day periods, if the President certifies to Congress that North Korea has: 
 
 
ceased counterfeiting U.S. currency, and taken significant steps to cease and prevent the laundering of monetary instruments; 
 
taken significant steps toward verification of its compliance with specified Security Council resolutions; 
 
taken significant steps toward accounting for and repatriating abducted or unlawfully held citizens of other countries; 
 
begun to abide by international standards for humanitarian aid distribution and monitoring; 
 
provided credible assurances that it will not support further acts of international terrorism; 
 
taken significant and verified steps to improve living conditions in its political prison camps; and 
 
made significant progress in planning for unrestricted family reunification meetings, including for those individuals among the Korean-American community. 
 
 
(Sec. 402) Any sanction or other measure provided for in title I or title II shall terminate when the President certifies to Congress that North Korea has met such requirements and has also: 
 
 
dismantled its nuclear, chemical, biological, and radiological weapons programs; 
 
released all political prisoners, including detained North Korean citizens; 
 
ceased its censorship of peaceful political activity; 
 
taken significant steps toward establishment of an open and representative society; 
 
fully accounted for and repatriated all abducted or unlawfully held citizens of all nations; and 
 
begun to implement a plan of action to address deficiencies in its anti-money laundering regime.
 
 
(Sec. 403) Any or all reports required to be submitted to Congress under this Act that are subject to a submission deadline of the same unit of time may be consolidated into a single report.
 
(Sec. 404) The President is authorized to promulgate such rules and regulations as may be necessary to carry out this Act.
 
(Sec. 405) Except as otherwise provided for, this Act and the amendments made by this Act shall take effect upon enactment of this Act.

action_date: 2016-01-12
text: 

North Korea Sanctions Enforcement Act of 2016

 
TITLE I--INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES
 
(Sec. 102) This bill requires the President to investigate any credible information of sanctionable activities by a person (individual or entity) involving North Korea.
 
(Sec. 103) The President shall periodically brief Congress on efforts to implement this Act, including: 
 
 
the government of North Korea's principal foreign assets income sources; 
 
a list of persons designated for prohibited conduct and sanctions; 
 
a list of persons with respect to which sanctions were waived or removed; and 
 
a summary of any diplomatic efforts made, including efforts to encourage the European Union and other states and jurisdictions to sanction and block the assets of the Foreign Trade Bank of North Korea and Daedong Credit Bank.
 
 
 (Sec. 104) The President shall designate any person that has knowingly: 
 
 
engaged in significant activities or transactions with the government of North Korea that have materially contributed to the proliferation of weapons of mass destruction or their means of delivery; 
 
imported, exported, or reexported to, into, or from North Korea any significant arms or related materiel; 
 
provided significant training or other services or assistance, or engaged in significant transactions, related to the manufacture, maintenance, or use of arms or related materiel to be imported, exported, or reexported to, into, or from North Korea, or following their importation, exportation, or reexportation to, into, or from North Korea; 
 
imported, exported, or reexported significant luxury goods to or into North Korea; 
 
engaged in or been responsible for censorship by the government of North Korea, including prohibiting, limiting, or penalizing the exercise of freedom of expression or assembly, limiting access to print, radio or other broadcast media, Internet or other electronic communications; 
 
engaged in or been responsible for serious human rights abuses by the government of North Korea; 
 
engaged in acts of money laundering, counterfeiting of goods or currency, bulk cash smuggling, narcotics trafficking, or other illicit activity that involves or supports the government of North Korea or any senior government official; or 
 
attempted to engage in such conduct.
 
 
 The President: 
 
 
shall exercise the authorities of the International Emergency Economic Powers Act to block all property and property interests of any designated person that are in or come within the United States, or that are or come within the possession or control of any U.S. person, including any foreign branch; and 
 
may apply any of the sanctions under this Act.
 
 
The penalties provided under the International Emergency Economic Powers Act shall apply to a person who violates, attempts to violate, or conspires to violate any such prohibition. 
 
The President may designate any person that has knowingly: 
 
 
engaged in, contributed to, assisted, or provided financial, material or technological support for, or goods and services in support of, any violation or evasion of an applicable United Nations Security Council resolution; 
 
facilitated the transfer of any funds, financial assets, or economic resources of, or property or property interests of, a person designated under an Executive order or by the Security Council; 
 
facilitated the transfer of funds, financial assets, or economic resources, or any property or property interests derived from, involved in, or that has materially contributed to prohibited conduct; 
 
facilitated any transaction, including any transaction in bulk cash or other stores of value, without applying enhanced monitoring to ensure that such transaction does not contribute materially to prohibited conduct described in this Act, an Executive order, or an applicable Security Council resolution; 
 
facilitated any transaction in cash or monetary instruments used to facilitate conduct prohibited by a Security Council resolution; 
 
engaged in significant activities undermining cyber security in support of the government of North Korea or any senior government official, or have knowingly contributed to the bribery of a North Korean official, the misappropriation or theft of public funds by, or for the benefit of, such an official; or 
 
assisted or provided significant financial, material, or technological support for, or goods or services to or in support of, such conduct. 
 
 
With respect to a designated person, the President may: 
 
 
apply the procurement sanctions under this Act; 
 
apply certain financial special measures;
 
prohibit foreign exchange transactions that are subject to U.S. jurisdiction; 
 
prohibit transfers of credit or payments between financial institutions or by, through, or to financial institutions that are subject to U.S. jurisdiction; and 
 
exercise the authorities of the International Emergency Economic Powers Act to block property and property interests of a designated person that are in or come within the United States, or that are or come within the possession or control of any U.S. person, including any foreign branch. 
 
 
The President shall promulgate regulations prohibiting U.S. persons from engaging in a property or services transaction: 
 
 
in which the government of North Korea has an interest, 
 
located in North Korea, 
 
of North Korean origin, or 
 
in which property was knowingly transferred to the government of North Korea. 
 
 
The President shall deny or revoke any license for any transaction that lacks sufficient financial controls to ensure that such transaction will not facilitate prohibited conduct.
 
The President may issue regulations to authorize: (1) certain exempt or waived transactions, and (2) transactions and activities authorized under the North Korean Human Rights Act of 2004. 
 
(Sec. 105) Any property, real or personal, involved in an actual or attempted violation of this Act, or which constitutes or is derived from proceeds traceable to a violation of it, is subject to U.S. forfeiture.
 
TITLE II--SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS ABUSES, ILLICIT ACTIVITIES, AND SIGNIFICANT ACTIVITIES UNDERMINING CYBER SECURITY 
 
(Sec. 201) Security Council efforts to impose limitations on, and require enhanced monitoring of, transactions involving North Korean financial institutions that could contribute to sanctioned activities are acknowledged. 
 
 The President should: 
 
 
designate North Korea as a jurisdiction of primary money laundering concern, and adopt measures to safeguard the financial system against North Korea's evasion of sanctions and its illicit activities; and 
 
seek the prompt implementation by other states of enhanced monitoring to prevent North Korea's misuse of the international financial system. 
 
 
The Department of the Treasury shall: (1) determine whether reasonable grounds exist for concluding that North Korea is a jurisdiction of primary money laundering concern; and (2) if so, impose specified financial-related special measures and submit a related report to Congress.
 
(Sec. 202) It is the sense of Congress that the President should intensify diplomatic efforts to develop a multilateral strategy for protecting the global financial system against risks emanating from North Korea. 
 
(Sec. 203) A license shall be required for export to North Korea of goods or technology subject to the Export Administration Regulations without regard to whether North Korea has been designated a country whose government has supported acts of international terrorism. Any such license shall be subject to a presumption of denial. 
 
Certain prohibitions and restrictions under the Arms Export Control Act shall apply to exporting or otherwise providing any munitions item to North Korea without regard to whether or not it is designated a state sponsor of terrorism. 
 
Specified criminal penalties shall apply to any U.S. person that engages in financial transactions with the government of North Korea, except as provided for in this Act and under the North Korean Human Rights Act of 2004. 
 
The President shall withhold assistance under the Foreign Assistance Act of 1961 to the governments of countries providing lethal military equipment to, or receiving it from, North Korea. The President may waive this prohibition if in the U.S. national interest.
 
(Sec. 204) The U.S. government is prohibited from procuring, or contracting to procure, any goods or services from a designated person. 
 
The Federal Acquisition Regulation is amended to require each prospective contractor to certify that it does not engage in any activity sanctionable under this Act for any contract that involves an amount greater than the simplified acquisition threshold ($100,000). Any contract with a person making a false certification shall be terminated unless there are urgent and compelling circumstances significantly affecting U.S. interests. 
 
An agency head shall initiate a suspension and debarment proceeding against any person making a false certification, and upon suspension or debarment, ensure that such person is entered into the government database of parties excluded from federal programs. 
 
The remedies of contract termination and suspension and debarment shall not apply with respect to federal procurement of the eligible products of certain foreign countries or instrumentalities under the Trade Agreements Act of 1979. 
 
(Sec. 205) The President, through the Department of Homeland Security (DHS), shall report to Congress on foreign seaports and airports whose inspections of ships, aircraft, and conveyances originating in North Korea, carrying North Korean property, or operated by the North Korean government are deficient to effectively prevent the facilitation of any of the activities sanctionable under this Act. 
 
DHS shall require, using the Automated Targeting System operated by the National Targeting Center in U.S. Customs and Border Protection, enhanced screening procedures to determine if physical inspections are warranted of any cargo bound for or landed in the United States that has been transported through such a seaport or airport if there are reasonable grounds to believe that such cargo contains goods prohibited under this Act. 
 
 Any vessel, aircraft, or conveyance used to facilitate sanctionable activity that comes within U.S. jurisdiction may be seized and forfeited.
 
(Sec. 206) Any alien (or any alien who is a corporate officer of a designated person) who the Department of State or DHS knows, or has reasonable grounds to believe, is described in section 104 of this Act to be: (1) inadmissible to the United States, (2) ineligible to receive a visa or other documentation to enter the United States, and (3) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act. 
 
Any visa or other entry documentation already issued to such an alien shall be revoked, with an exception for an alien who must be admitted to comply with the Agreement regarding the Headquarters of the United Nations. 
 
(Sec. 207) The following are exempt from sanctions under this Act: (1) authorized U.S. intelligence activities, and (2) transactions necessary to comply with U.S. obligations under the Agreement regarding the Headquarters of the United Nations or the Vienna Convention on Consular Relations. 
 
Discretionary exemptions from sanctions are permitted for transactions, financial or otherwise, involving humanitarian aid and imports into North Korea of non-luxury food products, agricultural products, medicine, or medical devices designated &quot;EAR 99&quot; under the Export Administration Regulations. 
 
The President may waive sanctions, on a case-by-case basis, for a year or more in specified circumstances.
 
(Sec. 208) The President shall report to Congress on significant activities undermining cyber security conducted, or otherwise ordered or controlled, by the government of North Korea.
 
(Sec. 209) It is the sense of Congress that North Korea's nuclear and ballistic missile programs are of mutual concern to the United States, Japan, and South Korea and a trilateral military intelligence-sharing arrangement is essential to the security of each nation and the Asia-Pacific region. 
 
(Sec. 210) The President shall report to Congress on nuclear cooperation between North Korea and Iran, including the identity of Iranian and North Korean persons that have knowingly engaged in or directed the provision of related material support or the exchange of information between such countries.
 
TITLE III--PROMOTION OF HUMAN RIGHTS
 
(Sec. 301) The North Korean Human Rights Act of 2004 is amended to direct the President to submit a report to Congress setting forth a detailed plan for making radio, Internet, and electronic mass communications available to the people of North Korea. 
 
(Secs. 302-303) The State Department shall report to Congress regarding:
 
 
each political prison camp in North Korea; and 
 
the identity of each person responsible for serious human rights abuses or censorship in North Korea, along with a description of those abuses or censorship.
 
 
TITLE IV--GENERAL AUTHORITIES
 
(Sec. 401) Any sanction or other measure provided for in title I or title II may be suspended for up to 365 days, and renewed for additional 180-day periods, if the President certifies to Congress that North Korea has: 
 
 
ceased counterfeiting U.S. currency, and taken significant steps to cease and prevent the laundering of monetary instruments; 
 
taken significant steps toward verification of its compliance with specified Security Council resolutions; 
 
taken significant steps toward accounting for and repatriating abducted or unlawfully held citizens of other countries; 
 
begun to abide by international standards for humanitarian aid distribution and monitoring; 
 
provided credible assurances that it will not support further acts of international terrorism; 
 
taken significant and verified steps to improve living conditions in its political prison camps; and 
 
made significant progress in planning for unrestricted family reunification meetings, including for those individuals among the Korean-American community. 
 
 
(Sec. 402) Any sanction or other measure provided for in title I or title II shall terminate when the President certifies to Congress that North Korea has met such requirements and has also: 
 
 
dismantled its nuclear, chemical, biological, and radiological weapons programs; 
 
released all political prisoners, including detained North Korean citizens; 
 
ceased its censorship of peaceful political activity; 
 
taken significant steps toward establishment of an open and representative society; 
 
fully accounted for and repatriated all abducted or unlawfully held citizens of all nations; and 
 
begun to implement a plan of action to address deficiencies in its anti-money laundering regime.
 
 
(Sec. 403) Any or all reports required to be submitted to Congress under this Act that are subject to a submission deadline of the same unit of time may be consolidated into a single report.
 
(Sec. 404) The President is authorized to promulgate such rules and regulations as may be necessary to carry out this Act.
 
(Sec. 405) No additional funds are authorized to carry out the requirements of this Act. 
 
(Sec. 406) Except as otherwise provided for, this Act and the amendments made by this Act shall take effect upon enactment of this Act.

action_date: 2016-02-18
text: 

North Korea Sanctions and Policy Enhancement Act of 2016

 
 TITLE I--INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES
 
(Sec. 102) This bill requires the President to investigate any credible information of sanctionable activities by a person (individual or entity) involving North Korea.
 
(Sec. 103) The President shall periodically brief Congress on efforts to implement this Act. 
 
 The Department of State shall report on U.S. policy towards North Korea that: (1) is based on a complete interagency review of current policies and possible alternatives, including with respect to North Korea's weapons of mass destruction and missile programs, human rights atrocities, and significant activities undermining cyber security; and (2) includes appropriate legislative or administrative recommendations.
 
(Sec. 104) The President shall designate any person (or subsidiary or agent) that knowingly: 
 
 
imports, exports, or reexports to or from North Korea any goods, services, or technology controlled for export by the United States due to their use for weapons of mass destruction and materially contributes to the use, development, or acquisition of a nuclear, radiological, chemical, or biological weapon or delivery device or system; 
 
provides training or other services or assistance or engages in significant financial transactions relating to the manufacture or use of any such weapon or system to be imported, exported, or reexported to or from North Korea;
 
imports, exports, or reexports luxury goods to or into North Korea;
 
engages in money laundering, counterfeiting of goods or currency, bulk cash smuggling, or narcotics trafficking that supports the government of North Korea or its senior officials; 
 
engages in or was responsible for North Korean censorship or human rights abuses;
 
engages in significant activities undermining cyber security; 
 
sells, supplies, or transfers to or from North Korea a precious metal, graphite, or raw or semi-finished metals or aluminum, steel, coal, or software for integrating industrial processes directly related to weapons of mass destruction, the Korean Workers' Party, armed forces, internal security, or intelligence activities, or the operation and maintenance of political prison camps or forced labor camps; 
 
imports, exports, or reexports to, into, or from North Korea any arms or related materiel; or 
 
attempts to engage in such conduct.
 
 
The President may designate any person (or subsidiary or agent) that knowingly: 
 
 
 engages in, contributes to, or provides financial, material or technological support for, or goods and services in support of, any person designated pursuant to an applicable U.N. Security Council resolution; 
 
 contributed to the bribery of a North Korean government official;
 
 contributed to the misappropriation or embezzlement of public funds by, or for the benefit of, such an official; 
 
 contributed to the use of any proceeds from such bribery or theft; or
 
 provided significant financial, material, or technological support for such activities.
 
 
With respect to a designated person (or subsidiary or agent), the President may: 
 
 
apply the procurement sanctions under this Act; 
 
apply certain financial special measures for jurisdictions, financial institutions, international transactions, or types of accounts of primary money laundering concern; 
 
prohibit foreign exchange transactions that are subject to U.S. jurisdiction; 
 
prohibit transfers of credit or payments between financial institutions or by, through, or to financial institutions that are subject to U.S. jurisdiction; and 
 
exercise the authorities of the International Emergency Economic Powers Act to block property and property interests of a designated person, the government of North Korea, or the Workers' Party of Korea that are in or come within the United States or that are or come within the possession or control of any U.S. person. 
 
 
 The President shall deny or revoke a license for any transaction that lacks sufficient financial controls to ensure that it will not facilitate a prohibited activity.
 
The bill prescribes civil and criminal penalties under the International Emergency Economic Powers Act.
 
(Sec. 105) Any property, real or personal, involved in an actual or attempted violation of this Act, or that constitutes or is derived from proceeds traceable to a violation of it, is subject to U.S. forfeiture.
 
TITLE II--SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS ABUSES, AND ILLICIT ACTIVITIES
 
(Sec. 201) The bill: (1) acknowledges Security Council efforts to impose limitations on, and require enhanced monitoring of, transactions involving North Korean financial institutions that could contribute to sanctioned activities; and (2) urges the President to designate North Korea as a jurisdiction of primary money laundering concern, adopt measures to safeguard the financial system against North Korea's evasion of sanctions and its illicit activities, and seek the prompt implementation by other states of enhanced monitoring to prevent North Korea's misuse of the international financial system.
 
The Department of the Treasury shall: (1) determine whether reasonable grounds exist for concluding that North Korea is a jurisdiction of primary money laundering concern; and (2) if so, impose specified financial-related special measures and submit a related report to Congress. 
 
(Sec. 202) The bill expresses the sense of Congress that the President should intensify diplomatic efforts to develop a multilateral strategy for protecting the global financial system against risks emanating from North Korea. 
 
The President shall direct the State Department to: (1) develop a strategy to improve international implementation and enforcement of U.N. North Korea-specific sanctions, and (2) report annually on actions undertaken to implement the strategy.
 
(Sec. 203) A validated license is required for exports to North Korea of goods or technology that could make a significant contribution to the military potential of such country or could enhance the ability of such country to support acts of international terrorism. No defense exports may be approved for the government of North Korea. 
 
 The President shall withhold assistance under the Foreign Assistance Act of 1961 from the governments of countries providing lethal military equipment to North Korea.
 
The State Department may waive such prohibitions in the U.S. national interest.
 
 These prohibitions shall not apply to assistance for human rights, democracy, rule of law, or emergency humanitarian purposes.
 
(Sec. 204) An executive agency, except as provided for by this section, may not procure or contract to procure goods or services from a designated person. 
 
The Federal Acquisition Regulation is amended to require each prospective contractor to certify that it does not engage in any activity sanctionable under this Act. 
 
 An executive agency shall: (1) terminate any contract with a person who has submitted a false certification, and (2) debar or suspend such person from federal contract eligibility for up to two years.
 
 A person that is debarred, suspended, or proposed for debarment or suspension by an executive agency because of a false certification shall be included on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 
 
The remedies of contract termination and suspension and debarment shall not apply with respect to federal procurement of the eligible products of certain foreign countries or instrumentalities under the Trade Agreements Act of 1979.
 
(Sec. 205) The President shall report on foreign seaports and airports whose inspections of ships, aircraft, and conveyances originating in North Korea, carrying North Korean property, or operated by the North Korean government are deficient to effectively prevent the facilitation of any of the activities sanctionable under this Act. 
 
 The Department of Homeland Security (DHS) may require enhanced inspections of any goods entering the United States that have been transported through such a port or airport.
 
Any vessel, aircraft, or conveyance used to facilitate sanctionable activity that comes within U.S. jurisdiction may be seized and forfeited. 
 
(Sec. 206) The State Department may deny a visa to, and DHS may deny entry into the United States of, any alien who is: (1) a designated person, (2) a corporate officer of a designated person, or (3) a principal shareholder with a controlling interest in a designated person.
 
(Sec. 207) The State Department shall expand the scope and frequency of travel warnings for all U.S. citizens to North Korea. Such warnings should include: 
 
 
 information regarding North Korea's detention of U.S. citizens;
 
 information on North Korea's past and present detention and abduction of citizens of the United States, South Korea, or Japan; 
 
 information about the nature of the North Korean regime; and 
 
 any other information that the State Department deems useful to provide U.S. citizens with a comprehensive picture of the North Korean regime.
 
 
(Sec. 208) The following are exempt from sanctions under this Act: (1) authorized U.S. intelligence activities, (2) transactions necessary to comply with U.S. obligations under the Agreement regarding the Headquarters of the United Nations or the Vienna Convention on Consular Relations, and (3) activities incidental to the POW/MIA accounting mission in North Korea. 
 
 The President may waive sanctions for renewable periods of between 30 days and 1 year for: (1) humanitarian purposes, and (2) U.S. national security or law enforcement interests.
 
 An internationally recognized humanitarian organization shall not be subject to sanctions for: (1) engaging in a financial transaction or transporting goods or services relating to humanitarian purposes, or (2) having incidental contact in the course of providing humanitarian assistance with individuals who are under the control of a foreign person subject to sanctions.
 
(Sec. 209) The President shall report on significant activities undermining cyber security conducted, or otherwise ordered or controlled, by the government of North Korea.
 
(Sec. 210) U.S. sanctions on the government of North Korea, persons acting for or on behalf of that government, or persons located in North Korea that undermine cyber security provided for in Executive Orders 13687 or 13694, shall remain in effect until 30 days after the President certifies that the government of North Korea, or persons acting for or on its behalf, are no longer engaged in the illicit activities described in such Executive Orders.
 
(Sec. 211) The bill expresses the sense of Congress that the President should strengthen high-level trilateral mechanisms for policy coordination toward North Korea between the United States, the Republic of Korea, and Japan.
 
TITLE III--PROMOTION OF HUMAN RIGHTS
 
(Sec. 301) The bill amends the North Korean Human Rights Act of 2004 to require the President to report a plan for making unrestricted and inexpensive electronic mass communications available to the people of North Korea.
 
(Sec. 302) The State Department shall submit a report that details a U.S. strategy to address the human rights situation in North Korea. Such report should include a list of countries: (1) that forcibly repatriate refugees from North Korea, and (2) where North Korean laborers work.
 
(Sec. 303) The State Department shall submit a report that describes each political prison camp in North Korea, including: (1) the estimated prisoner population; (2) reasons for prisoner confinement; and (3) conditions of confinement and the responsible individuals and agencies.
 
(Sec. 304) The State Department shall submit a report that: (1) identifies each person responsible for serious human rights abuses or censorship in North Korea, and (2) describes serious human rights abuses or censorship undertaken by North Korea.
 
 The President shall designate for sanctions any person listed in the report that knowingly engages in, or facilitates censorship or human rights abuses, by North Korea.
 
 The bill expresses the sense of Congress that the President should: 
 
 
seek Security Council adoption of a resolution calling for the blocking of the assets of all persons responsible for severe human rights abuses or censorship in North Korea, and 
 
cooperate with the prosecution of any listed individual by any international tribunal that may be established to prosecute such persons.
 
 
TITLE IV--GENERAL AUTHORITIES
 
(Sec. 401) Any sanction or other measure provided for in title I, II, or III may be suspended for up to 1 year and renewed for additional 180-day periods if the President certifies that North Korea has: 
 
 
ceased counterfeiting U.S. currency and taken significant steps to cease and prevent the laundering of monetary instruments, 
 
taken steps toward verification of its compliance with specified Security Council resolutions, 
 
taken steps toward accounting for and repatriating abducted or unlawfully held citizens of other countries, 
 
begun to abide by international standards for humanitarian aid distribution and monitoring, and
 
taken verified steps to improve living conditions in its political prison camps. 
 
 
(Sec. 402) Any sanction or other measure provided for in title I, II, or III shall terminate when the President certifies that North Korea has met such requirements and has also made progress toward: 
 
 
 dismantling nuclear, chemical, biological, and radiological weapons programs; 
 
 releasing all political prisoners, including detained North Korean citizens; 
 
ending censorship of peaceful political activity; 
 
 establishing an open and representative society; and
 
accounting for and repatriating both alive and deceased U.S. citizens who were abducted or unlawfully held captive by the North Korea or detained in violation of the Korean War Armistice Agreement.
 
 
(Sec. 403) The bill authorizes appropriations for FY2017-FY2021 for: 
 
 
 radio programming to North Korea,
 
 promotion of freedom of information inside North Korea, 
 
 a plan for making electronic mass communications available to the people of North Korea, and 
 
 provision of humanitarian assistance to North Koreans who are outside of North Korea without the government's permission.
 


Legislative actions:
action_date: 2016-02-18
text: Became Public Law No: 114-122.
action_date: 2016-02-18
text: Became Public Law No: 114-122.
action_date: 2016-02-18
text: Signed by President.
action_date: 2016-02-18
text: Signed by President.
action_date: 2016-02-12
text: Presented to President.
action_date: 2016-02-12
text: Presented to President.
action_date: 2016-02-12
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-02-12
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 408 - 2 (Roll no. 82). (text as House agreed to Senate amendment: CR H779-785)
action_date: 2016-02-12
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 408 - 2 (Roll no. 82).(text as House agreed to Senate amendment: CR H779-785)
action_date: 2016-02-12
text: Considered as unfinished business. (consideration: CR H802-803)
action_date: 2016-02-12
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the chair announced that further proceedings on the motion would be postponed.
action_date: 2016-02-12
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 757.
action_date: 2016-02-12
text: Mr. Royce moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H779-788)
action_date: 2016-02-10
text: Message on Senate action sent to the House.
action_date: 2016-02-10
text: Passed Senate with an amendment by Yea-Nay Vote. 96 - 0. Record Vote Number: 20.
action_date: 2016-02-10
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 96 - 0. Record Vote Number: 20.
action_date: 2016-02-10
text: The committee substitute agreed to by Unanimous Consent. (text of committee substitute as amended: CR S761-767)
action_date: 2016-02-10
text: Measure laid before Senate by unanimous consent. (consideration: CR S761-806)
action_date: 2016-02-02
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 359.
action_date: 2016-02-02
text: Committee on Foreign Relations. Reported by Senator Corker with an amendment in the nature of a substitute. Without written report.
action_date: 2016-02-02
text: Committee on Foreign Relations. Reported by Senator Corker with an amendment in the nature of a substitute. Without written report.
action_date: 2016-01-28
text: Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2016-01-19
text: Received in the Senate and Read twice and referred to the Committee on Foreign Relations.
action_date: 2016-01-12
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 2 (Roll no. 43). (text: CR 1/11/2016 H229-235)
action_date: 2016-01-12
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-01-12
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 2 (Roll no. 43).(text: CR 1/11/2016 H229-235)
action_date: 2016-01-12
text: Considered as unfinished business. (consideration: CR H323-324)
action_date: 2016-01-11
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2016-01-11
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 757.
action_date: 2016-01-11
text: Considered under suspension of the rules. (consideration: CR H229-241)
action_date: 2016-01-11
text: Mr. Royce moved to suspend the rules and pass the bill, as amended.
action_date: 2016-01-11
text: Placed on the Union Calendar, Calendar No. 295.
action_date: 2016-01-11
text: Committee on Oversight and Government discharged.
action_date: 2016-01-11
text: Committee on Oversight and Government discharged.
action_date: 2016-01-11
text: Committee on Financial Services discharged.
action_date: 2016-01-11
text: Committee on Financial Services discharged.
action_date: 2016-01-11
text: Committee on the Judiciary discharged.
action_date: 2016-01-11
text: Committee on the Judiciary discharged.
action_date: 2016-01-11
text: Committee on Ways and Means discharged.
action_date: 2016-01-11
text: Committee on Ways and Means discharged.
action_date: 2016-01-11
text: Reported (Amended) by the Committee on Foreign Affairs. H. Rept. 114-392, Part I.
action_date: 2016-01-11
text: Reported (Amended) by the Committee on Foreign Affairs. H. Rept. 114-392, Part I.
action_date: 2015-02-27
text: Referred to the Subcommittee on Trade.
action_date: 2015-02-27
text: Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
action_date: 2015-02-27
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-02-05
text: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, the Judiciary, Financial Services, and Oversight and Government Reform, 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.
action_date: 2015-02-05
text: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, the Judiciary, Financial Services, and Oversight and Government Reform, 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.
action_date: 2015-02-05
text: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, the Judiciary, Financial Services, and Oversight and Government Reform, 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.
action_date: 2015-02-05
text: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, the Judiciary, Financial Services, and Oversight and Government Reform, 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.
action_date: 2015-02-05
text: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, the Judiciary, Financial Services, and Oversight and Government Reform, 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.
action_date: 2015-02-05
text: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, the Judiciary, Financial Services, and Oversight and Government Reform, 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.
action_date: 2015-02-05
text: Introduced in House
action_date: 2015-02-05
text: Introduced in House

Enacted as: number: 114-122