North Korea Sanctions and Policy Enhancement Act of 2015

Bill: 114-s-2144
Sponsor: Sen. Gardner, Cory [R-CO]
Introduced: 2015-10-06 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
Drug trafficking and controlled substances
Foreign and international banking
Foreign property
Fraud offenses and financial crimes
Government studies and investigations
Government trust funds
Human rights
International exchange and broadcasting
International organizations and cooperation
Japan
Licensing and registrations
Metals
Military assistance, sales, and agreements
News media and reporting
North Korea
Nuclear weapons
Public contracts and procurement
Refugees, asylum, displaced persons
Rule of law and government transparency
Sanctions
South Korea
Terrorism
Trade restrictions
Travel and tourism
United Nations
Visas and passports
War and emergency powers

Summary:
action_date: 2015-10-06
text: 

North Korea Sanctions and Policy Enhancement Act of 2015

 
 Directs the President to investigate information of sanctionable activities involving North Korea and to designate and apply sanctions with respect to any person that knowingly:
 
 
 imported, exported, or reexported 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 contributing to the use, development, production, or acquisition by any persons of a nuclear, radiological, chemical, or biological weapon or any delivery device or system; 
 
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 or from North Korea;
 
imported, exported, or reexported luxury goods to or into North Korea;
 
 engaged in money laundering, 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 was responsible for censorship by North Korea; 
 
engaged in or was responsible for serious human rights abuses by North Korea; 
 
engaged in significant activities undermining cyber security through the use of computer networks or systems against foreign persons, governments, or other entities; or 
 
 sold, supplied, or transferred to or from North Korea a precious metal, graphite, or raw or semi-finished metals for integrating industrial processes.
 
 
 Sets forth civil and criminal penalties under the International Emergency Economic Powers Act (IEEPA).
 
Specifies additional activities for which the President may designate a person for sanctions, foreign exchange prohibitions, and other special measures.
 
Directs the President to exercise all powers granted under IEEPA 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.
 
 Directs the President to deny or revoke any license for any transaction that lacks sufficient financial controls to ensure that such transaction will not facilitate any prohibited conduct.
 
Subjects to U.S. forfeiture any property involved in an actual or attempted violation of this Act or which constitutes or is derived from proceeds traceable to a violation, of this Act. 
 
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 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 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. 
Directs the Department of State to develop a strategy to improve international implementation and enforcement of United Nations (U.N.) North Korea-specific sanctions. 
Requires a validated license for exports to North Korea under the Export Administration Act of 1979. Prohibits approval of defense articles for North Korea.
 
Withholds assistance under the Foreign Assistance Act of 1961 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 Congress 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 a designated person. 
Authorizes the President to waive sanctions for up to one year for national security, law enforcement, or humanitarian reasons.
 
 Directs the Department of State to expand the scope and frequency of warnings concerning travel of U.S. citizens to North Korea.
 
Exempts from sanctions under this Act: (1) authorized U.S. intelligence activities; (2) transactions 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) certain financial transactions for importing agricultural products, medicine, or medical devices into North Korea. 
 
Amends the North Korean Human Rights Act of 2004 to require the President to report to Congress with a plan for making unrestricted and inexpensive electronic mass communications available to the people of North Korea.
 
Requires the Department of State to report to Congress regarding: (1) North Korean prison camps, (2) human rights abuses in North Korea, and (3) a diplomatic strategy to end repatriation of North Korean refugees and forced labor and slavery of North Koreans overseas. 
 
Establishes the North Korea Enforcement and Humanitarian Fund in which assets subject to forfeiture or penalties are to be deposited and used to carry out radio broadcasting to, and actions to promote democracy in, North Korea.
 
Prescribes circumstances in which sanctions or measures under this Act may be suspended for up to one year or terminated altogether.
 
Directs the President to report to Congress regarding: (1) North Korea's activities undermining cyber security, and (2) a strategy to counter North Korea's efforts to conduct cyber terrorism against the United States.
 
 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.


Legislative actions:
action_date: 2015-10-06
text: Read twice and referred to the Committee on Foreign Relations.
action_date: 2015-10-06
text: Introduced in Senate