North Korea Sanctions Enforcement Act of 2015

Bill: 114-s-1747
Sponsor: Sen. Menendez, Robert [D-NJ]
Introduced: 2015-07-09 in the Senate
Policy area: International Affairs
Subjects: Arms control and nonproliferation
Asia
Chemical and biological weapons
Computer security and identity theft
Computers and information technology
Congressional oversight
Currency
Customs enforcement
Detention of persons
Diplomacy, foreign officials, Americans abroad
Foreign and international banking
Foreign property
Fraud offenses and financial crimes
Government studies and investigations
Government trust funds
Human rights
International organizations and cooperation
Licensing and registrations
Military assistance, sales, and agreements
North Korea
Nuclear weapons
Public contracts and procurement
Rule of law and government transparency
Sanctions
Terrorism
Trade restrictions
Travel and tourism
United Nations

Summary:
action_date: 2015-07-09
text: 

North Korea Sanctions Enforcement Act of 2015
 
 
Authorizes the President to investigate credible information of sanctionable activities involving North Korea and to designate and apply sanctions with respect to any person (including business entities, nongovernmental organizations, and governmental entities operating as business enterprises) the President determines knowingly:
 
 
contributes, through the export to or import from North Korea of any controlled goods, services, or technology, to the use, development, production, stockpiling, or acquisition of nuclear, radiological, chemical, or biological weapons, or any device or system designed to deliver such weapons;
 
provided training, advice, or other services or assistance, or engaged in significant financial transactions, relating to the manufacture, maintenance, or use of any such weapon or system to be imported, exported, or reexported to, into, or from North Korea;
 
imported, exported, or reexported luxury goods to or into North Korea;
 
 engaged in money laundering, the counterfeiting of goods or currency, bulk cash smuggling, or narcotics trafficking that supports the government of North Korea or any of its senior officials; 
 
engaged in or is responsible for censorship by North Korea; 
 
committed or is responsible for serious human rights abuses by North Korea; 
 
 engaged in acts of cyber terrorism or acts of vandalism through the use of computer networks or systems against foreign persons, governments, or other entities; or 
 
attempted to engage in any of these activities.
 
 
Specifies additional financial activities for which the President may designate a person for sanctions.
 
Directs the President to exercise all powers granted under the International Emergency Economic Powers Act necessary to block and prohibit all transactions in property and interests in property of a designated person if that property and those property interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. Subjects such property to civil and criminal forfeiture.
 
Exempts the importation of goods from sanctions.
 
 Expresses the sense of Congress regarding the designation of North Korea as a jurisdiction of primary money laundering concern.
 
Directs the Department of the Treasury to: (1) determine whether reasonable grounds exist for concluding that North Korea is a jurisdiction of primary money laundering concern, and if so (2) impose one or more of certain special measures. 
 Expresses the sense of Congress that the President should intensify diplomatic efforts to implement a multilateral strategy for protecting the global financial system against risks emanating from North Korea. 
Requires a validated license for exports to North Korea under the Export Administration Act of 1979. Prohibits approval of defense articles for North Korea.
 
Directs the President to withhold assistance to the governments of countries providing lethal military equipment to North Korea. 
 
Bars U.S. government contracts with designated persons.
 
Directs the President to identify annually to the appropriate congressional committees any foreign ports and airports whose inspections of ships, aircraft, and conveyances originating in North Korea, carrying North Korean property, or operated by the government of North Korea are not sufficient to effectively prevent the facilitation of any of the activities sanctionable under this Act.
 
Authorizes the Department of Homeland Security (DHS) to require enhanced inspections of any cargo landed in the United States or entering the stream of interstate commerce that has been transported through any of such ports or airports.
 
Authorizes the seizure or forfeiture of vessels or aircraft used to facilitate sanctionable activities.
 
Authorizes the Department of State to deny a visa, and DHS to deny entry into the United States, to any alien who is a designated person or a corporate officer or principal shareholder with a controlling interest in one. 
Exempts certain activities from sanctions and authorizes the President to waive them, for up to one year, for national security, law enforcement, or humanitarian reasons.
 
Amends the North Korean Human Rights Act of 2004 to require the President to report to Congress setting forth a plan for making unrestricted, unmonitored, and inexpensive electronic mass communications available to the people of North Korea. 
 
 Requires the Department of State to report to Congress on: (1) North Korean prison camps, and (2) serious human rights abuses or serious censorship undertaken by the North Korean government in the most recent year.
 
 Expresses the sense of Congress that the President should: 
 
 
 seek adoption by the United Nations Security Council 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 person listed in the Department of State report before any international tribunal that may be established to prosecute persons responsible for severe human rights abuses or censorship in North Korea. 
 
 
Prescribes circumstances in which sanctions or measures under this Act may be suspended for up to one year or terminated altogether.
 
Establishes the North Korea Enforcement and Humanitarian Fund in which assets subject to criminal, civil, or administrative forfeiture or penalties are to be deposited for the enforcement of this Act and to carry out humanitarian activities under the North Korea Human Rights Act of 2004.
 
 Directs the President to report to Congress regarding the President's strategy to counter North Korea's efforts to conduct cyber terrorism and acts of vandalism using computer networks and systems against the United States.


Legislative actions:
action_date: 2015-07-09
text: Read twice and referred to the Committee on Foreign Relations.
action_date: 2015-07-09
text: Introduced in Senate