North Korea Sanctions and Policy Enhancement Act of 2016
PL 114-122 (H.R.757), enacted 02/18/2016

130 STAT. 93 
PUBLIC LAW 114–122—FEB. 18, 2016 
Public Law 114–122 
114th Congress 
An Act 
To improve the enforcement of sanctions against the Government of North Korea, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘North Korea 
Sanctions and Policy Enhancement Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; purposes. 
Sec. 3. Definitions. 
TITLE I—INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES 
Sec. 101. Statement of policy. 
Sec. 102. Investigations. 
Sec. 103. Reporting requirements. 
Sec. 104. Designation of persons. 
Sec. 105. Forfeiture of property. 
TITLE II—SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN 
RIGHTS ABUSES, AND ILLICIT ACTIVITIES 
Sec. 201. Determinations with respect to North Korea as a jurisdiction of primary 
money laundering concern. 
Sec. 202. Ensuring the consistent enforcement of United Nations Security Council 
resolutions and financial restrictions on North Korea. 
Sec. 203. Proliferation prevention sanctions. 
Sec. 204. Procurement sanctions. 
Sec. 205. Enhanced inspection authorities. 
Sec. 206. Travel sanctions. 
Sec. 207. Travel recommendations for United States citizens to North Korea. 
Sec. 208. Exemptions, waivers, and removals of designation. 
Sec. 209. Report on and imposition of sanctions to address persons responsible for 
knowingly engaging in significant activities undermining cybersecurity. 
Sec. 210. Codification of sanctions with respect to North Korean activities under-
mining cybersecurity. 
Sec. 211. Sense of Congress on trilateral cooperation between the United States, 
South Korea, and Japan. 
TITLE III—PROMOTION OF HUMAN RIGHTS 
Sec. 301. Information technology. 
Sec. 302. Strategy to promote North Korean human rights. 
Sec. 303. Report on North Korean prison camps. 
Sec. 304. Report on and imposition of sanctions with respect to serious human 
rights abuses or censorship in North Korea. 
TITLE IV—GENERAL AUTHORITIES 
Sec. 401. Suspension of sanctions and other measures. 
Sec. 402. Termination of sanctions and other measures. 
22 USC 9201 
note. 
North Korea 
Sanctions and 
Policy 
Enhancement 
Act of 2016. 
Human rights. 
Feb. 18, 2016 
[H.R. 757] 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00091
Fmt 6580
Sfmt 6582
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 94 
PUBLIC LAW 114–122—FEB. 18, 2016 
Sec. 403. Authorization of appropriations. 
Sec. 404. Rulemaking. 
Sec. 405. Authority to consolidate reports. 
Sec. 406. Effective date. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Government of North Korea— 
(A) has repeatedly violated its commitments to the 
complete, verifiable, and irreversible dismantlement of its 
nuclear weapons programs; and 
(B) has willfully violated multiple United Nations Secu-
rity Council resolutions calling for North Korea to cease 
development, testing, and production of weapons of mass 
destruction. 
(2) Based on its past actions, including the transfer of 
sensitive nuclear and missile technology to state sponsors of 
terrorism, North Korea poses a grave risk for the proliferation 
of nuclear weapons and other weapons of mass destruction. 
(3) The Government of North Korea has been implicated 
repeatedly in money laundering and other illicit activities, 
including— 
(A) prohibited arms sales; 
(B) narcotics trafficking; 
(C) the counterfeiting of United States currency; 
(D) significant activities undermining cybersecurity; 
and 
(E) the counterfeiting of intellectual property of United 
States persons. 
(4) North Korea has— 
(A) unilaterally withdrawn from the Agreement Con-
cerning a Military Armistice in Korea, signed at Pan-
munjom July 27, 1953 (commonly referred to as the 
‘‘Korean War Armistice Agreement’’); and 
(B) committed provocations against South Korea— 
(i) by sinking the warship Cheonan and killing 
46 of her crew on March 26, 2010; 
(ii) by shelling Yeonpyeong Island and killing 4 
South Korean civilians on November 23, 2010; 
(iii) by its involvement in the ‘‘DarkSeoul’’ 
cyberattacks against the financial and communications 
interests of South Korea on March 20, 2013; and 
(iv) by planting land mines near a guard post 
in the South Korean portion of the demilitarized zone 
that maimed 2 South Korean soldiers on August 4, 
2015. 
(5) North Korea maintains a system of brutal political 
prison camps that contain as many as 200,000 men, women, 
and children, who are— 
(A) kept in atrocious living conditions with insufficient 
food, clothing, and medical care; and 
(B) under constant fear of torture or arbitrary execu-
tion. 
(6) North Korea has prioritized weapons programs and 
the procurement of luxury goods— 
(A) in defiance of United Nations Security Council 
Resolutions 1695 (2006), 1718 (2006), 1874 (2009), 2087 
(2013), and 2094 (2013); and 
22 USC 9201. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00092
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 95 
PUBLIC LAW 114–122—FEB. 18, 2016 
(B) in gross disregard of the needs of the people of 
North Korea. 
(7) Persons, including financial institutions, who engage 
in transactions with, or provide financial services to, the 
Government of North Korea and its financial institutions with-
out establishing sufficient financial safeguards against North 
Korea’s use of such transactions to promote proliferation, 
weapons trafficking, human rights violations, illicit activity, 
and the purchase of luxury goods— 
(A) aid and abet North Korea’s misuse of the inter-
national financial system; and 
(B) violate the intent of the United Nations Security 
Council resolutions referred to in paragraph (6)(A). 
(8) The Government of North Korea has provided technical 
support and conducted destructive and coercive cyberattacks, 
including against Sony Pictures Entertainment and other 
United States persons. 
(9) The conduct of the Government of North Korea poses 
an imminent threat to— 
(A) the security of the United States and its allies; 
(B) the global economy; 
(C) the safety of members of the United States Armed 
Forces; 
(D) the integrity of the global financial system; 
(E) the integrity of global nonproliferation programs; 
and 
(F) the people of North Korea. 
(10) The Government of North Korea has sponsored acts 
of international terrorism, including— 
(A) attempts to assassinate defectors and human rights 
activists; and 
(B) the shipment of weapons to terrorists and state 
sponsors of terrorism. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to use nonmilitary means to address the crisis described 
in subsection (a); 
(2) to provide diplomatic leverage to negotiate necessary 
changes in the conduct of the Government of North Korea; 
(3) to ease the suffering of the people of North Korea; 
and 
(4) to reaffirm the purposes set forth in section 4 of the 
North Korean Human Rights Act of 2004 (22 U.S.C. 7802). 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPLICABLE EXECUTIVE ORDER.—The term ‘‘applicable 
Executive order’’ means— 
(A) Executive Order 13382 (50 U.S.C. 1701 note; 
relating to blocking property of weapons of mass destruc-
tion proliferators and their supporters), Executive Order 
13466 (50 U.S.C. 1701 note; relating to continuing certain 
restrictions with respect to North Korea and North Korean 
nationals), Executive Order 13551 (50 U.S.C. 1701 note; 
relating to blocking property of certain persons with respect 
to North Korea), Executive Order 13570 (50 U.S.C. 1701 
note; relating to prohibiting certain transactions with 
respect to North Korea), Executive Order 13619 (50 U.S.C. 
22 USC 9202. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00093
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 96 
PUBLIC LAW 114–122—FEB. 18, 2016 
1701 note; relating to blocking property of persons threat-
ening the peace, security, or stability of Burma), Executive 
Order 13687 (50 U.S.C. 1701 note; relating to imposing 
additional sanctions with respect to North Korea), or Execu-
tive Order 13694 (50 U.S.C. 1701 note; relating to blocking 
the property of certain persons engaging in significant mali-
cious cyber-enabled activities), to the extent that such 
Executive order— 
(i) authorizes the imposition of sanctions on per-
sons for conduct with respect to North Korea; 
(ii) prohibits transactions or activities involving 
the Government of North Korea; or 
(iii) otherwise imposes sanctions with respect to 
North Korea; and 
(B) any Executive order adopted on or after the date 
of the enactment of this Act, to the extent that such Execu-
tive order— 
(i) authorizes the imposition of sanctions on per-
sons for conduct with respect to North Korea; 
(ii) prohibits transactions or activities involving 
the Government of North Korea; or 
(iii) otherwise imposes sanctions with respect to 
North Korea. 
(2) APPLICABLE UNITED NATIONS SECURITY COUNCIL RESOLU-
TION.—The term ‘‘applicable United Nations Security Council 
resolution’’ means— 
(A) United Nations Security Council Resolution 1695 
(2006), 1718 (2006), 1874 (2009), 2087 (2013), or 2094 
(2013); and 
(B) any United Nations Security Council resolution 
adopted on or after the date of the enactment of this 
Act that— 
(i) authorizes the imposition of sanctions on per-
sons for conduct with respect to North Korea; 
(ii) prohibits transactions or activities involving 
the Government of North Korea; or 
(iii) otherwise imposes sanctions with respect to 
North Korea. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Foreign Relations and the Com-
mittee on Banking, Housing, and Urban Affairs of the 
Senate; and 
(B) the Committee on Foreign Affairs, the Committee 
on Financial Services, and the Committee on Ways and 
Means of the House of Representatives. 
(4) DESIGNATED
PERSON.—The term ‘‘designated person’’ 
means a person designated under subsection (a) or (b) of section 
104 for purposes of applying 1 or more of the sanctions 
described in title I or II with respect to the person. 
(5) GOVERNMENT OF NORTH KOREA.—The term ‘‘Government 
of North Korea’’ means the Government of North Korea and 
its agencies, instrumentalities, and controlled entities. 
(6) HUMANITARIAN ASSISTANCE.—The term ‘‘humanitarian 
assistance’’ means assistance to meet humanitarian needs, 
including needs for food, medicine, medical supplies, clothing, 
and shelter. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00094
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 97 
PUBLIC LAW 114–122—FEB. 18, 2016 
(7) INTELLIGENCE
COMMUNITY.—The term ‘‘intelligence 
community’’ has the meaning given such term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 3003(4)). 
(8) LUXURY GOODS.—The term ‘‘luxury goods’’— 
(A) has the meaning given such term in section 
746.4(b)(1) of title 15, Code of Federal Regulations; and 
(B) includes the items listed in Supplement No. 1 to 
part 746 of such title, and any similar items. 
(9) 
MONETARY
INSTRUMENTS.—The 
term 
‘‘monetary 
instruments’’ has the meaning given such term in section 
5312(a) of title 31, United States Code. 
(10) NORTH KOREA.—The term ‘‘North Korea’’ means the 
Democratic People’s Republic of Korea. 
(11) NORTH
KOREAN
FINANCIAL
INSTITUTION.—The term 
‘‘North Korean financial institution’’ means any financial 
institution that— 
(A) is organized under the laws of North Korea or 
any jurisdiction within North Korea (including a foreign 
branch of such an institution); 
(B) is located in North Korea, except for a financial 
institution that is excluded by the President in accordance 
with section 208(c); 
(C) is owned or controlled by the Government of North 
Korea, regardless of location; or 
(D) is owned or controlled by a financial institution 
described in subparagraph (A), (B), or (C), regardless of 
location. 
(12) SIGNIFICANT
ACTIVITIES
UNDERMINING
CYBERSECU-
RITY.—The term ‘‘significant activities undermining cybersecu-
rity’’ includes— 
(A) significant efforts to— 
(i) deny access to or degrade, disrupt, or destroy 
an information and communications technology system 
or network; or 
(ii) exfiltrate information from such a system or 
network without authorization; 
(B) significant destructive malware attacks; 
(C) significant denial of service activities; and 
(D) such other significant activities described in regula-
tions promulgated to implement section 104. 
(13) SOUTH KOREA.—The term ‘‘South Korea’’ means the 
Republic of Korea. 
(14) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ means— 
(A) a United States citizen or an alien lawfully 
admitted for permanent residence to the United States; 
or 
(B) an entity organized under the laws of the United 
States or of any jurisdiction within the United States, 
including a foreign branch of such an entity. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00095
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 98 
PUBLIC LAW 114–122—FEB. 18, 2016 
TITLE 
I—INVESTIGATIONS, 
PROHIB-
ITED CONDUCT, AND PENALTIES 
SEC. 101. STATEMENT OF POLICY. 
In order to achieve the peaceful disarmament of North Korea, 
Congress finds that it is necessary— 
(1) to encourage all member states of the United Nations 
to fully and promptly implement United Nations Security 
Council Resolution 2094 (2013); 
(2) to sanction the persons, including financial institutions, 
that facilitate proliferation, illicit activities, arms trafficking, 
cyberterrorism, imports of luxury goods, serious human rights 
abuses, cash smuggling, and censorship by the Government 
of North Korea; 
(3) to authorize the President to sanction persons who 
fail to exercise due diligence to ensure that such financial 
institutions and member states do not facilitate proliferation, 
arms trafficking, kleptocracy, or imports of luxury goods by 
the Government of North Korea; 
(4) to deny the Government of North Korea access to the 
funds it uses to develop or obtain nuclear weapons, ballistic 
missiles, cyberwarfare capabilities, and luxury goods instead 
of providing for the needs of the people of North Korea; and 
(5) to enforce sanctions in a manner that does not signifi-
cantly hinder or delay the efforts of legitimate United States 
or foreign humanitarian organizations from providing assist-
ance to meet the needs of civilians facing humanitarian crisis, 
including access to food, health care, shelter, and clean drinking 
water, to prevent or alleviate human suffering. 
SEC. 102. INVESTIGATIONS. 
(a) INITIATION.—The President shall initiate an investigation 
into the possible designation of a person under section 104(a) upon 
receipt by the President of credible information indicating that 
such person has engaged in conduct described in section 104(a). 
(b) PERSONNEL.—The President may direct the Secretary of 
State, the Secretary of the Treasury, and the heads of other Federal 
departments and agencies as may be necessary to assign sufficient 
experienced and qualified investigators, attorneys, and technical 
personnel— 
(1) to investigate the conduct described in subsections (a) 
and (b) of section 104; and 
(2) to coordinate and ensure the effective enforcement of 
this Act. 
SEC. 103. REPORTING REQUIREMENTS. 
(a) PRESIDENTIAL BRIEFINGS TO CONGRESS.—Not later than 180 
days after the date of the enactment of this Act, and periodically 
thereafter, the President shall provide a briefing to the appropriate 
congressional committees on efforts to implement this Act. 
(b) REPORT FROM SECRETARY OF STATE.—Not later than 180 
days after the date of the enactment of this Act, the Secretary 
of State shall conduct, coordinate, and submit to Congress a com-
prehensive report on United States policy towards North Korea 
that— 
22 USC 9213. 
President. 
22 USC 9212. 
22 USC 9211. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00096
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 99 
PUBLIC LAW 114–122—FEB. 18, 2016 
(1) is based on a full and 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 cybersecurity; and 
(2) includes recommendations for such legislative or 
administrative action as the Secretary considers appropriate 
based on the results of the review. 
SEC. 104. DESIGNATION OF PERSONS. 
(a) MANDATORY DESIGNATIONS.—Except as provided in section 
208, the President shall designate under this subsection any person 
that the President determines— 
(1) knowingly, directly or indirectly, imports, exports, or 
reexports to, into, or from North Korea any goods, services, 
or technology controlled for export by the United States because 
of the use of such goods, services, or technology for weapons 
of mass destruction or delivery systems for such weapons and 
materially contributes to the use, development, production, 
possession, or acquisition by any person of a nuclear, radio-
logical, chemical, or biological weapon or any device or system 
designed in whole or in part to deliver such a weapon; 
(2) knowingly, directly or indirectly, provides training, 
advice, or other services or assistance, or engages in significant 
financial transactions, relating to the manufacture, mainte-
nance, or use of any such weapon, device, or system to be 
imported, exported, or reexported to, into, or from North Korea; 
(3) knowingly, directly or indirectly, imports, exports, or 
reexports luxury goods to or into North Korea; 
(4) knowingly engages in, is responsible for, or facilitates 
censorship by the Government of North Korea; 
(5) knowingly engages in, is responsible for, or facilitates 
serious human rights abuses by the Government of North 
Korea; 
(6) knowingly, directly or indirectly, engages in money laun-
dering, the counterfeiting of goods or currency, bulk cash smug-
gling, or narcotics trafficking that supports the Government 
of North Korea or any senior official or person acting for or 
on behalf of that Government; 
(7) knowingly engages in significant activities undermining 
cybersecurity through the use of computer networks or systems 
against foreign persons, governments, or other entities on behalf 
of the Government of North Korea; 
(8) knowingly, directly or indirectly, sells, supplies, or 
transfers to or from the Government of North Korea or any 
person acting for or on behalf of that Government, a significant 
amount of precious metal, graphite, raw or semi-finished metals 
or aluminum, steel, coal, or software, for use by or in industrial 
processes directly related to weapons of mass destruction and 
delivery systems for such weapons, other proliferation activities, 
the Korean Workers’ Party, armed forces, internal security, 
or intelligence activities, or the operation and maintenance 
of political prison camps or forced labor camps, including out-
side of North Korea; 
(9) knowingly, directly or indirectly, imports, exports, or 
reexports to, into, or from North Korea any arms or related 
materiel; or 
President. 
22 USC 9214. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00097
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 100 
PUBLIC LAW 114–122—FEB. 18, 2016 
(10) knowingly attempts to engage in any of the conduct 
described in paragraphs (1) through (9). 
(b) ADDITIONAL DISCRETIONARY DESIGNATIONS.— 
(1) PROHIBITED CONDUCT DESCRIBED.—Except as provided 
in section 208, the President may designate under this sub-
section any person that the President determines— 
(A) knowingly engages in, contributes to, assists, spon-
sors, or provides financial, material or technological support 
for, or goods and services in support of, any person des-
ignated pursuant to an applicable United Nations Security 
Council resolution; 
(B) knowingly contributed to— 
(i) the bribery of an official of the Government 
of North Korea or any person acting for on behalf 
of that official; 
(ii) the misappropriation, theft, or embezzlement 
of public funds by, or for the benefit of, an official 
of the Government of North Korea or any person acting 
for or on behalf of that official; or 
(iii) the use of any proceeds of any activity 
described in clause (i) or (ii); or 
(C) knowingly and materially assisted, sponsored, or 
provided significant financial, material, or technological 
support for, or goods or services to or in support of, the 
activities described in subparagraph (A) or (B). 
(2) EFFECT OF DESIGNATION.—With respect to any person 
designated under this subsection, the President may— 
(A) apply the sanctions described in section 204, 205(c), 
or 206 to the person to the same extent and in the same 
manner as if the person were designated under subsection 
(a); 
(B) apply any applicable special measures described 
in section 5318A of title 31, United States Code; 
(C) prohibit any transactions in foreign exchange— 
(i) that are subject to the jurisdiction of the United 
States; and 
(ii) in which such person has any interest; and 
(D) prohibit any transfers of credit or payments 
between financial institutions or by, through, or to any 
financial institution, to the extent that such transfers or 
payments— 
(i) are subject to the jurisdiction of the United 
States; and 
(ii) involve any interest of such person. 
(c) ASSET BLOCKING.—The President shall exercise all of the 
powers granted to the President under the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent nec-
essary to block and prohibit all transactions in property and 
interests in property of a designated person, the Government of 
North Korea, or the Workers’ Party of Korea, if such property 
and interests in property are in the United States, come within 
the United States, or are or come within the possession or control 
of a United States person. 
(d) APPLICATION TO SUBSIDIARIES AND AGENTS.—The designa-
tion of a person under subsection (a) or (b) and the blocking of 
property and interests in property under subsection (c) shall apply 
with respect to a person who is determined to be owned or controlled 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00098
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 101 
PUBLIC LAW 114–122—FEB. 18, 2016 
by, or to have acted or purported to have acted for or on behalf 
of, directly or indirectly, any person whose property and interests 
in property are blocked pursuant to this section. 
(e) TRANSACTION LICENSING.—The President shall deny or 
revoke any license for any transaction that the President determines 
to lack sufficient financial controls to ensure that such transaction 
will not facilitate any activity described in subsection (a) or (b). 
(f) PENALTIES.—The penalties provided for in subsections (b) 
and (c) of section 206 of the International Emergency Economic 
Powers Act (50 U.S.C. 1705) shall apply to any person who violates, 
attempts to violate, conspires to violate, or causes a violation of 
any prohibition of this section, or an order or regulation prescribed 
under this section, to the same extent that such penalties apply 
to a person that commits an unlawful act described in section 
206(a) of such Act (50 U.S.C. 1705(a)). 
SEC. 105. FORFEITURE OF PROPERTY. 
(a) AMENDMENT TO PROPERTY SUBJECT TO FORFEITURE.—Sec-
tion 981(a)(1) of title 18, United States Code, is amended by adding 
at the end the following: 
‘‘(I) Any property, real or personal, that is involved in 
a violation or attempted violation, or which constitutes or is 
derived from proceeds traceable to a prohibition imposed pursu-
ant to section 104(a) of the North Korea Sanctions and Policy 
Enhancement Act of 2016.’’. 
(b) 
AMENDMENT
TO
DEFINITION
OF
CIVIL
FORFEITURE 
STATUTE.—Section 983(i)(2)(D) of title 18, United States Code, is 
amended to read as follows: 
‘‘(D) the Trading with the Enemy Act (50 U.S.C. 4301 
et seq.), the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.), or the North Korea Sanctions 
Enforcement Act of 2016; or’’. 
(c) AMENDMENT
TO
DEFINITION
OF
SPECIFIED
UNLAWFUL 
ACTIVITY.—Section 1956(c)(7)(D) of title 18, United States Code, 
is amended— 
(1) by striking ‘‘or section 92 of’’ and inserting ‘‘section 
92 of’’; and 
(2) by adding at the end the following: ‘‘, or section 104(a) 
of the North Korea Sanctions Enforcement Act of 2016 (relating 
to prohibited activities with respect to North Korea);’’. 
TITLE II—SANCTIONS AGAINST NORTH 
KOREAN 
PROLIFERATION, 
HUMAN 
RIGHTS ABUSES, AND ILLICIT ACTIVI-
TIES 
SEC. 201. DETERMINATIONS WITH RESPECT TO NORTH KOREA AS A 
JURISDICTION OF PRIMARY MONEY LAUNDERING CON-
CERN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Under Secretary of the Treasury for Terrorism 
and Financial Intelligence, who is responsible for safeguarding 
the financial system against illicit use, money laundering, ter-
rorist financing, and the proliferation of weapons of mass 
22 USC 9221. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00099
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 102 
PUBLIC LAW 114–122—FEB. 18, 2016 
destruction, and has repeatedly expressed concern about North 
Korea’s misuse of the international financial system— 
(A) in 2006— 
(i) stated, ‘‘Given [North Korea’s] counterfeiting 
of U.S. currency, narcotics trafficking and use of 
accounts world-wide to conduct proliferation-related 
transactions, the line between illicit and licit North 
Korean money is nearly invisible.’’; and 
(ii) urged financial institutions worldwide to ‘‘think 
carefully about the risks of doing any North Korea- 
related business’’; 
(B) in 2011, stated that North Korea— 
(i) ‘‘remains intent on engaging in proliferation, 
selling arms as well as bringing in material’’; and 
(ii) was ‘‘aggressively pursuing the effort to estab-
lish front companies.’’; and 
(C) in 2013, stated— 
(i) in reference to North Korea’s distribution of 
high-quality counterfeit United States currency, that 
‘‘North Korea is continuing to try to pass a supernote 
into the international financial system’’; and 
(ii) the Department of the Treasury would soon 
introduce new currency with improved security fea-
tures to protect against counterfeiting by the Govern-
ment of North Korea. 
(2) The Financial Action Task Force, an intergovernmental 
body whose purpose is to develop and promote national and 
international policies to combat money laundering and terrorist 
financing, has repeatedly— 
(A) expressed concern at deficiencies in North Korea’s 
regimes to combat money laundering and terrorist 
financing; 
(B) urged North Korea to adopt a plan of action to 
address significant deficiencies in those regimes and the 
serious threat those deficiencies pose to the integrity of 
the international financial system; 
(C) urged all jurisdictions to apply countermeasures 
to protect the international financial system from ongoing 
and substantial money laundering and terrorist financing 
risks emanating from North Korea; 
(D) urged all jurisdictions to advise their financial 
institutions to give special attention to business relation-
ships and transactions with North Korea, including North 
Korean companies and financial institutions; and 
(E) called on all jurisdictions— 
(i) to protect against correspondent relationships 
being used to bypass or evade countermeasures and 
risk mitigation practices; and 
(ii) to take into account money laundering and 
terrorist financing risks when considering requests by 
North Korean financial institutions to open branches 
and subsidiaries in their respective jurisdictions. 
(3) On March 7, 2013, the United Nations Security Council 
unanimously adopted Resolution 2094, which— 
(A) welcomed the Financial Action Task Force’s— 
(i) recommendation on financial sanctions related 
to proliferation; and 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00100
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 103 
PUBLIC LAW 114–122—FEB. 18, 2016 
(ii) guidance on the implementation of such sanc-
tions; 
(B) decided that United Nations member states should 
apply enhanced monitoring and other legal measures to 
prevent the provision of financial services or the transfer 
of property that could contribute to activities prohibited 
by applicable United Nations Security Council resolutions; 
and 
(C) called upon United Nations member states to pro-
hibit North Korean financial institutions from establishing 
or maintaining correspondent relationships with financial 
institutions in their respective jurisdictions to prevent the 
provision of financial services if such member states have 
information that provides reasonable grounds to believe 
that such activities could contribute to— 
(i) activities prohibited by an applicable United 
Nations Security Council resolution; or 
(ii) the evasion of such prohibitions. 
(b) SENSE
OF CONGRESS REGARDING
THE DESIGNATION
OF 
NORTH KOREA AS A JURISDICTION OF PRIMARY MONEY LAUNDERING 
CONCERN.—Congress— 
(1) acknowledges the efforts of the United Nations Security 
Council to impose limitations on, and to require the enhanced 
monitoring of, transactions involving North Korean financial 
institutions that could contribute to sanctioned activities; 
(2) urges the President, in the strongest terms— 
(A) to immediately designate North Korea as a jurisdic-
tion of primary money laundering concern; and 
(B) to adopt stringent special measures to safeguard 
the financial system against the risks posed by North 
Korea’s willful evasion of sanctions and its illicit activities; 
and 
(3) urges the President to seek the prompt implementation 
by other countries of enhanced monitoring and due diligence 
to prevent North Korea’s misuse of the international financial 
system, including by sharing information about activities, trans-
actions, and property that could contribute to— 
(A) activities sanctioned by applicable United Nations 
Security Council resolutions; or 
(B) the evasion of such sanctions. 
(c) DETERMINATIONS REGARDING NORTH KOREA.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Treasury, 
in consultation with the Secretary of State and the Attorney 
General, and in accordance with section 5318A of title 31, 
United States Code, shall determine whether reasonable 
grounds exist for concluding that North Korea is a jurisdiction 
of primary money laundering concern. 
(2) ENHANCED DUE DILIGENCE AND REPORTING REQUIRE-
MENTS.—If the Secretary of the Treasury determines under 
paragraph (1) that reasonable grounds exist for concluding 
that North Korea is a jurisdiction of primary money laundering 
concern, the Secretary, in consultation with the Federal func-
tional regulators (as defined in section 509 of the Gramm- 
Leach-Bliley Act (15 U.S.C. 6809)), shall impose 1 or more 
of the special measures described in section 5318A(b) of title 
Deadline. 
Consultations. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00101
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 104 
PUBLIC LAW 114–122—FEB. 18, 2016 
31, United States Code, with respect to the jurisdiction of 
North Korea. 
(3) REPORT REQUIRED.— 
(A) IN GENERAL.—Not later than 90 days after the 
date on which the Secretary of the Treasury makes a 
determination under paragraph (1), the Secretary shall 
submit to the appropriate congressional committees a 
report that contains the reasons for such determination. 
(B) FORM.—The report submitted under subparagraph 
(A) shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 202. ENSURING THE CONSISTENT ENFORCEMENT OF UNITED 
NATIONS SECURITY COUNCIL RESOLUTIONS AND FINAN-
CIAL RESTRICTIONS ON NORTH KOREA. 
(a) FINDINGS.—Congress makes the following findings: 
(1) All member states of the United Nations are obligated 
to implement and enforce applicable United Nations Security 
Council resolutions fully and promptly, including by blocking 
the property of, and ensuring that any property is prevented 
from being made available to, persons designated for the 
blocking of property by the Security Council under applicable 
United Nations Security Council resolutions. 
(2) As of May 2015, 158 of the 193 member states of 
the United Nations had not submitted reports on measures 
taken to implement North Korea-specific United Nations Secu-
rity Council resolutions 1718, 1874, and 2094. 
(3) A recent report by the Government Accountability Office 
(GAO–15–485)— 
(A) finds that officials of the United States and rep-
resentatives of the United Nations Panel of Experts estab-
lished pursuant to United Nations Security Council Resolu-
tion 
1874 
(2009), 
which 
monitors 
and 
facilitates 
implementation of United Nations sanctions on North 
Korea, ‘‘agree that the lack of detailed reports from all 
member states is an impediment to the UN’s effective 
implementation of its sanctions’’; and 
(B) notes that ‘‘many member states lack the technical 
capacity to enforce sanctions and prepare reports’’ on the 
implementation of United Nations sanctions on North 
Korea. 
(4) All member states share a common interest in protecting 
the international financial system from the risks of money 
laundering and illicit transactions emanating from North 
Korea. 
(5) The United States dollar and the euro are the world’s 
principal reserve currencies, and the United States and the 
European Union are primarily responsible for the protection 
of the international financial system from the risks described 
in paragraph (4). 
(6) The cooperation of the People’s Republic of China, as 
North Korea’s principal trading partner, is essential to— 
(A) the enforcement of applicable United Nations Secu-
rity Council resolutions; and 
(B) the protection of the international financial system. 
(7) The report of the Panel of Experts expressed concern 
about the ability of banks to detect and prevent illicit transfers 
22 USC 9222. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00102
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 105 
PUBLIC LAW 114–122—FEB. 18, 2016 
involving North Korea if such banks are located in member 
states with less effective regulators or member states that 
are unable to afford effective compliance. 
(8) North Korea has historically exploited inconsistencies 
between jurisdictions in the interpretation and enforcement 
of financial regulations and applicable United Nations Security 
Council resolutions to circumvent sanctions and launder the 
proceeds of illicit activities. 
(9) Amroggang Development Bank, Bank of East Land, 
and Tanchon Commercial Bank have been designated by the 
Secretary of the Treasury, the United Nations Security Council, 
and the European Union as having materially contributed to 
the proliferation of weapons of mass destruction. 
(10) Korea Daesong Bank and Korea Kwangson Banking 
Corporation have been designated by the Secretary of the 
Treasury and the European Union as having materially contrib-
uted to the proliferation of weapons of mass destruction. 
(11) The Foreign Trade Bank of North Korea has been 
designated by the Secretary of the Treasury for facilitating 
transactions on behalf of persons linked to its proliferation 
network and for serving as ‘‘a key financial node’’. 
(12) Daedong Credit Bank has been designated by the 
Secretary of the Treasury for activities prohibited by applicable 
United Nations Security Council resolutions, including the use 
of deceptive financial practices to facilitate transactions on 
behalf of persons linked to North Korea’s proliferation network. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the President should intensify diplomatic efforts in appropriate 
international fora, such as the United Nations, and bilaterally, 
to develop and implement a coordinated, consistent, multilateral 
strategy for protecting the global financial system against risks 
emanating from North Korea, including— 
(1) the cessation of any financial services the continuation 
of which is inconsistent with applicable United Nations Security 
Council resolutions; 
(2) the cessation of any financial services to persons, 
including financial institutions, that present unacceptable risks 
of facilitating money laundering and illicit activity by the 
Government of North Korea; 
(3) the blocking by all member states, in accordance with 
the legal process of the state in which the property is held, 
of any property required to be blocked under applicable United 
Nations Security Council resolutions; 
(4) the blocking of any property derived from illicit activity, 
or from the misappropriation, theft, or embezzlement of public 
funds by, or for the benefit of, officials of the Government 
of North Korea; 
(5) the blocking of any property involved in significant 
activities undermining cybersecurity by the Government of 
North Korea, directly or indirectly, against United States per-
sons, or the theft of intellectual property by the Government 
of North Korea, directly or indirectly from United States per-
sons; and 
(6) the blocking of any property of persons directly or 
indirectly involved in censorship or human rights abuses by 
the Government of North Korea. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00103
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 106 
PUBLIC LAW 114–122—FEB. 18, 2016 
(c) STRATEGY TO IMPROVE INTERNATIONAL IMPLEMENTATION AND 
ENFORCEMENT OF UNITED NATIONS NORTH KOREA-SPECIFIC SANC-
TIONS.—The President shall direct the Secretary of State, in 
coordination with other Federal departments and agencies, as 
appropriate, to develop a strategy to improve international 
implementation and enforcement of United Nations North Korea- 
specific sanctions. The strategy should include elements— 
(1) to increase the number of countries submitting reports 
to the United Nations Panel of Experts established pursuant 
to United Nations Security Council Resolution 1874 (2009), 
including developing a list of targeted countries where effective 
implementation and enforcement of United Nations sanctions 
would reduce the threat from North Korea; 
(2) to encourage member states of the United Nations 
to cooperate and share information with the panel in order 
to help facilitate investigations; 
(3) to expand cooperation with the Panel of Experts; 
(4) to provide technical assistance to member states to 
implement United Nations sanctions, including developing the 
capacity to enforce sanctions through improved export control 
regulations, border security, and customs systems; 
(5) to harness existing United States Government initia-
tives and assistance programs, as appropriate, to improve sanc-
tions implementation and enforcement; and 
(6) to increase outreach to the people of North Korea, 
and to support the engagement of independent, non-govern-
mental journalistic, humanitarian, and other institutions in 
North Korea. 
(d) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, and annually thereafter, the Secretary 
of State shall submit to the appropriate congressional committees 
a report that describes the actions undertaken to implement the 
strategy required by subsection (c). 
SEC. 203. PROLIFERATION PREVENTION SANCTIONS. 
(a) EXPORT OF CERTAIN GOODS OR TECHNOLOGY.—A validated 
license shall be required for the export to North Korea of any 
goods or technology otherwise covered under section 6(j) of the 
Export Administration Act of 1979 (50 U.S.C. 4605(j)). No defense 
exports may be approved for the Government of North Korea. 
(b) TRANSACTIONS IN LETHAL MILITARY EQUIPMENT.— 
(1) IN GENERAL.—The President shall withhold assistance 
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
et seq.) to the government of any country that provides lethal 
military equipment to the Government of North Korea. 
(2) APPLICABILITY.—The prohibition under paragraph (1) 
with respect to a government shall terminate on the date that 
is 1 year after the date on which the prohibition under para-
graph (1) is applied to that government. 
(c) WAIVER.—Notwithstanding any other provision of law, the 
Secretary of State may waive the prohibitions under this section 
with respect to a country if the Secretary— 
(1) determines that such waiver is in the national interest 
of the United States; and 
(2) submits a written report to the appropriate congres-
sional committees that describes— 
Reports. 
Determination. 
22 USC 9223. 
President. 
Coordination. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00104
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 107 
PUBLIC LAW 114–122—FEB. 18, 2016 
(A) the steps that the relevant agencies are taking 
to curtail the trade described in subsection (b)(1); and 
(B) why such waiver is in the national interest of 
the United States. 
(d) EXCEPTION.—The prohibitions under this section shall not 
apply to the provision of assistance for human rights, democracy, 
rule of law, or emergency humanitarian purposes. 
SEC. 204. PROCUREMENT SANCTIONS. 
(a) IN GENERAL.—Except as provided in this section, the head 
of an executive agency may not procure, or enter into any contract 
for the procurement of, any goods or services from any person 
designated under section 104(a). 
(b) FEDERAL ACQUISITION REGULATION.— 
(1) IN
GENERAL.—The Federal Acquisition Regulation 
issued pursuant to section 1303(a)(1) of title 41, United States 
Code, shall be revised to require that each person that is 
a prospective contractor submit a certification that such person 
does not engage in any activity described in section 104(a). 
(2) APPLICABILITY.—The revision required under paragraph 
(1) shall apply with respect to contracts for which solicitations 
are issued on or after the date that is 90 days after the 
date of the enactment of this Act. 
(c) REMEDIES.— 
(1) INCLUSION
ON
LIST.—The Administrator of General 
Services shall include, on the List of Parties Excluded from 
Federal Procurement and Nonprocurement Programs main-
tained by the Administrator under part 9 of the Federal Acquisi-
tion Regulation, each person that is debarred, suspended, or 
proposed for debarment or suspension by the head of an execu-
tive agency on the basis of a determination of a false certifi-
cation under subsection (b). 
(2) CONTRACT TERMINATION; SUSPENSION.—If the head of 
an executive agency determines that a person has submitted 
a false certification under subsection (b) after the date on 
which the Federal Acquisition Regulation is revised to imple-
ment the requirements of this section, the head of such execu-
tive agency shall— 
(A) terminate any contract with such person; and 
(B) debar or suspend such person from eligibility for 
Federal contracts for a period of not longer than 2 years. 
(3) APPLICABLE PROCEDURES.—Any debarment or suspen-
sion under paragraph (2)(B) shall be subject to the procedures 
that apply to debarment and suspension under subpart 9.4 
of the Federal Acquisition Regulation. 
(d) CLARIFICATION REGARDING CERTAIN PRODUCTS.—The rem-
edies specified in subsection (c) shall not apply with respect to 
the procurement of any eligible product (as defined in section 308(4) 
of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)) of any 
foreign country or instrumentality designated under section 301(b) 
of such Act (19 U.S.C. 2511(b)). 
(e) RULE OF CONSTRUCTION.—Nothing in this subsection may 
be construed to limit the use of other remedies available to the 
head of an executive agency or any other official of the Federal 
Government on the basis of a determination of a false certification 
under subsection (b). 
Determination. 
Certification. 
22 USC 9224. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00105
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 108 
PUBLIC LAW 114–122—FEB. 18, 2016 
(f) EXECUTIVE AGENCY DEFINED.—In this section, the term 
‘‘executive agency’’ has the meaning given such term in section 
133 of title 41, United States Code. 
SEC. 205. ENHANCED INSPECTION AUTHORITIES. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter, the President 
shall submit to the appropriate congressional committees a report 
that identifies foreign ports and airports at which inspections of 
ships, aircraft, and conveyances originating in North Korea, car-
rying North Korean property, or operated by the Government of 
North Korea are not sufficient to effectively prevent the facilitation 
of any of the activities described in section 104(a). 
(b) ENHANCED CUSTOMS INSPECTION REQUIREMENTS.—The Sec-
retary of Homeland Security may require enhanced inspections 
of any goods entering the United States that have been transported 
through a port or airport identified by the President under sub-
section (a). 
(c) SEIZURE AND FORFEITURE.—A vessel, aircraft, or conveyance 
used to facilitate any of the activities described in section 104(a) 
under the jurisdiction of the United States may be seized and 
forfeited under— 
(1) chapter 46 of title 18, United States Code; or 
(2) title V of the Tariff Act of 1930 (19 U.S.C. 1501 et 
seq.). 
SEC. 206. TRAVEL SANCTIONS. 
The Secretary of State may deny a visa to, and the Secretary 
of Homeland Security 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. TRAVEL RECOMMENDATIONS FOR UNITED STATES CITIZENS 
TO NORTH KOREA. 
The Secretary of State shall expand the scope and frequency 
of issuance of travel warnings for all United States citizens to 
North Korea. The expanded travel warnings, which should be issued 
or updated not less frequently than every 90 days, should include— 
(1) publicly released or credible open source information 
regarding the detention of United States citizens by North 
Korean authorities, including available information on cir-
cumstances of arrest and detention, duration, legal proceedings, 
and conditions under which a United States citizen has been, 
or continues to be, detained by North Korean authorities, 
including present-day cases and cases occurring during the 
10-year period ending on the date of the enactment of this 
Act; 
(2) publicly released or credible open source information 
on the past and present detention and abduction or alleged 
abduction of citizens of the United States, South Korea, or 
Japan by North Korean authorities; 
(3) unclassified information about the nature of the North 
Korean regime, as described in congressionally mandated 
reports and annual reports issued by the Department of State 
and the United Nations, including information about North 
Time period. 
22 USC 9227. 
22 USC 9226. 
President. 
22 USC 9225. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00106
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 109 
PUBLIC LAW 114–122—FEB. 18, 2016 
Korea’s weapons of mass destruction programs, illicit activities, 
international sanctions violations, and human rights situation; 
and 
(4) any other information that the Secretary deems useful 
to provide United States citizens with a comprehensive picture 
of the nature of the North Korean regime. 
SEC. 208. EXEMPTIONS, WAIVERS, AND REMOVALS OF DESIGNATION. 
(a) EXEMPTIONS.—The following activities shall be exempt from 
sanctions under sections 104, 206, 209, and 304: 
(1) Activities subject to the reporting requirements under 
title V of the National Security Act of 1947 (50 U.S.C. 3091 
et seq.), or to any authorized intelligence activities of the United 
States. 
(2) Any transaction necessary to comply with United States 
obligations under the Agreement between the United Nations 
and the United States of America regarding the Headquarters 
of the United Nations, signed at Lake Success June 26, 1947, 
and entered into force November 21, 1947, or under the Conven-
tion on Consular Relations, done at Vienna April 24, 1963, 
and entered into force March 19, 1967, or under other inter-
national agreements. 
(3) Any activities incidental to the POW/MIA accounting 
mission in North Korea, including activities by the Defense 
POW/MIA Accounting Agency and other governmental or non-
governmental organizations tasked with identifying or recov-
ering the remains of members of the United States Armed 
Forces in North Korea. 
(b) HUMANITARIAN WAIVER.— 
(1) IN GENERAL.—The President may waive, for renewable 
periods of between 30 days and 1 year, the application of 
the sanctions authorized under section 104, 204, 205, 206, 
209(b), or 304(b) if the President submits to the appropriate 
congressional committees a written determination that the 
waiver is necessary for humanitarian assistance or to carry 
out the humanitarian purposes set forth section 4 of the North 
Korean Human Rights Act of 2004 (22 U.S.C. 7802). 
(2) CONTENT OF WRITTEN DETERMINATION.—A written deter-
mination submitted under paragraph (1) with respect to a 
waiver shall include a description of all notification and 
accountability controls that have been employed in order to 
ensure that the activities covered by the waiver are humani-
tarian assistance or are carried out for the purposes set forth 
in section 4 of the North Korean Human Rights Act of 2004 
(22 U.S.C. 7802) and do not entail any activities in North 
Korea or dealings with the Government of North Korea not 
reasonably related to humanitarian assistance or such pur-
poses. 
(3) 
CLARIFICATION
OF
PERMITTED
ACTIVITIES
UNDER 
WAIVER.—An internationally recognized humanitarian organiza-
tion shall not be subject to sanctions under section 104, 204, 
205, 206, 209(b), or 304(b) for— 
(A) engaging in a financial transaction relating to 
humanitarian assistance or for humanitarian purposes 
pursuant to a waiver issued under paragraph (1); 
Time period. 
Determination. 
President. 
22 USC 9228. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00107
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 110 
PUBLIC LAW 114–122—FEB. 18, 2016 
(B) transporting goods or services that are necessary 
to carry out operations relating to humanitarian assistance 
or humanitarian purposes pursuant to such a waiver; or 
(C) having merely incidental contact, in the course 
of providing humanitarian assistance or aid for humani-
tarian purposes pursuant to such a waiver, with individuals 
who are under the control of a foreign person subject to 
sanctions under this Act. 
(c) WAIVER.—The President may waive, on a case-by-case basis, 
for renewable periods of between 30 days and 1 year, the application 
of the sanctions authorized under section 104, 201(c)(2), 204, 205, 
206, 209(b), or 304(b) if the President submits to the appropriate 
congressional committees a written determination that the waiver— 
(1) is important to the national security interests of the 
United States; or 
(2) will further the enforcement of this Act or is for an 
important law enforcement purpose. 
(d) FINANCIAL SERVICES
FOR HUMANITARIAN
AND CONSULAR 
ACTIVITIES.—The President may promulgate such regulations, rules, 
and policies as may be necessary to facilitate the provision of 
financial services by a foreign financial institution that is not a 
North Korean financial institution in support of activities conducted 
pursuant to an exemption or waiver under this section. 
SEC. 209. REPORT ON AND IMPOSITION OF SANCTIONS TO ADDRESS 
PERSONS RESPONSIBLE FOR KNOWINGLY ENGAGING IN 
SIGNIFICANT ACTIVITIES UNDERMINING CYBERSECURITY. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—The President shall submit to the appro-
priate congressional committees a report that describes signifi-
cant activities undermining cybersecurity aimed against the 
United States Government or any United States person and 
conducted by the Government of North Korea, or a person 
owned or controlled, directly or indirectly, by the Government 
of North Korea or any person acting for or on behalf of that 
Government. 
(2) INFORMATION.—The report required under paragraph 
(1) shall include— 
(A) the identity and nationality of persons that have 
knowingly engaged in, directed, or provided material sup-
port to conduct significant activities undermining cyberse-
curity described in paragraph (1); 
(B) a description of the conduct engaged in by each 
person identified; 
(C) an assessment of the extent to which a foreign 
government has provided material support to the Govern-
ment of North Korea or any person acting for or on behalf 
of that Government to conduct significant activities under-
mining cybersecurity; and 
(D) a United States strategy to counter North Korea’s 
efforts to conduct significant activities undermining cyber-
security against the United States, that includes efforts 
to engage foreign governments to halt the capability of 
the Government of North Korea and persons acting for 
or on behalf of that Government to conduct significant 
activities undermining cybersecurity. 
(3) SUBMISSION AND FORM.— 
Strategy. 
Assessment. 
President. 
22 USC 9229. 
Regulations. 
Time period. 
Determination. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00108
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 111 
PUBLIC LAW 114–122—FEB. 18, 2016 
(A) SUBMISSION.—The report required under paragraph 
(1) shall be submitted not later than 90 days after the 
date of the enactment of this Act, and every 180 days 
thereafter. 
(B) FORM.—The report required under paragraph (1) 
shall be submitted in an unclassified form, but may include 
a classified annex. 
(b) DESIGNATION OF PERSONS.—The President shall designate 
under section 104(a) any person identified in the report required 
under subsection (a)(1) that knowingly engages in significant activi-
ties undermining cybersecurity through the use of computer net-
works or systems against foreign persons, governments, or other 
entities on behalf of the Government of North Korea. 
SEC. 210. CODIFICATION OF SANCTIONS WITH RESPECT TO NORTH 
KOREAN ACTIVITIES UNDERMINING CYBERSECURITY. 
(a) IN GENERAL.—United States sanctions with respect to activi-
ties of the Government of North Korea, persons acting for or on 
behalf of that Government, or persons located in North Korea 
that undermine cybersecurity provided for in Executive Order 13687 
(50 U.S.C. 1701 note; relating to imposing additional sanctions 
with respect to North Korea) or Executive Order 13694 (50 U.S.C. 
1701 note; relating to blocking the property of certain persons 
engaging in significant malicious cyber-enabled activities), as such 
Executive Orders are in effect on the day before the date of the 
enactment of this Act, shall remain in effect until the date that 
is 30 days after the date on which the President submits to Congress 
a certification that the Government of North Korea, persons acting 
for or on behalf of that Government, and persons owned or con-
trolled, directly or indirectly, by that Government or persons acting 
for or on behalf of that Government, are no longer engaged in 
the illicit activities described in such Executive Orders, including 
actions in violation of United Nations Security Council Resolutions 
1718 (2006), 1874 (2009), 2087 (2013), and 2094 (2013). 
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to limit the authority of the President pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.). 
SEC. 211. SENSE OF CONGRESS ON TRILATERAL COOPERATION 
BETWEEN THE UNITED STATES, SOUTH KOREA, AND 
JAPAN. 
(a) IN GENERAL.—It is the sense of Congress that the Presi-
dent— 
(1) should seek to strengthen high-level trilateral mecha-
nisms for discussion and coordination of policy toward North 
Korea between the Government of the United States, the 
Government of South Korea, and the Government of Japan; 
(2) should ensure that the mechanisms specifically address 
North Korea’s nuclear, ballistic, and conventional weapons pro-
grams, its human rights record, and cybersecurity threats posed 
by North Korea; 
(3) should ensure that representatives of the United States, 
South Korea, and Japan meet on a regular basis and include 
representatives of the United States Department of State, the 
United States Department of Defense, the United States intel-
ligence community, and representatives of counterpart agencies 
in South Korea and Japan; and 
22 USC 9231. 
Termination 
date. 
Certification. 
22 USC 9230. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00109
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 112 
PUBLIC LAW 114–122—FEB. 18, 2016 
(4) should continue to brief the relevant congressional 
committees regularly on the status of such discussions. 
(b) RELEVANT COMMITTEES.—The relevant committees referred 
to in subsection (a)(4) shall include— 
(1) the Committee on Foreign Relations, the Committee 
on Armed Services, and the Select Committee on Intelligence 
of the Senate; and 
(2) the Committee on Foreign Affairs, the Committee on 
Armed Services, and the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
TITLE III—PROMOTION OF HUMAN 
RIGHTS 
SEC. 301. INFORMATION TECHNOLOGY. 
Section 104 of the North Korean Human Rights Act of 2004 
(22 U.S.C. 7814) is amended by adding at the end the following: 
‘‘(d) INFORMATION TECHNOLOGY STUDY.—Not later than 180 
days after the date of the enactment of the North Korea Sanctions 
and Policy Enhancement Act of 2015, the President shall submit 
to the appropriate congressional committees a classified report that 
sets forth a detailed plan for making unrestricted, unmonitored, 
and inexpensive electronic mass communications available to the 
people of North Korea.’’. 
SEC. 302. STRATEGY TO PROMOTE NORTH KOREAN HUMAN RIGHTS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State, in coordination 
with other appropriate Federal departments and agencies, shall 
submit to the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs of the House of Representatives 
a report that details a United States strategy to promote initiatives 
to enhance international awareness of and to address the human 
rights situation in North Korea. 
(b) INFORMATION.—The report required under subsection (a) 
should include— 
(1) a list of countries that forcibly repatriate refugees from 
North Korea; and 
(2) a list of countries where North Korean laborers work, 
including countries the governments of which have formal 
arrangements with the Government of North Korea or any 
person acting for or on behalf of that Government to employ 
North Korean workers. 
(c) STRATEGY.—The report required under subsection (a) should 
include— 
(1) a plan to enhance bilateral and multilateral outreach, 
including sustained engagement with the governments of part-
ners and allies with overseas posts to routinely demarche or 
brief those governments on North Korea human rights issues, 
including forced labor, trafficking, and repatriation of citizens 
of North Korea; 
(2) public affairs and public diplomacy campaigns, including 
options to work with news organizations and media outlets 
to publish opinion pieces and secure public speaking opportuni-
ties for United States Government officials on issues related 
to the human rights situation in North Korea, including forced 
Plan. 
Lists. 
Coordination. 
Reports. 
22 USC 9241. 
President. 
Classified 
information. 
Reports. 
Plans. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00110
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 113 
PUBLIC LAW 114–122—FEB. 18, 2016 
labor, trafficking, and repatriation of citizens of North Korea; 
and 
(3) opportunities to coordinate and collaborate with appro-
priate nongovernmental organizations and private sector enti-
ties to raise awareness and provide assistance to North Korean 
defectors throughout the world. 
SEC. 303. REPORT ON NORTH KOREAN PRISON CAMPS. 
(a) IN GENERAL.—The Secretary of State shall submit to the 
appropriate congressional committees a report that describes, with 
respect to each political prison camp in North Korea, to the extent 
information is available— 
(1) the camp’s estimated prisoner population; 
(2) the camp’s geographical coordinates; 
(3) the reasons for the confinement of the prisoners; 
(4) the camp’s primary industries and products, and the 
end users of any goods produced in the camp; 
(5) the individuals and agencies responsible for conditions 
in the camp; 
(6) the conditions under which prisoners are confined, with 
respect to the adequacy of food, shelter, medical care, working 
conditions, and reports of ill-treatment of prisoners; and 
(7) imagery, to include satellite imagery of the camp, in 
a format that, if published, would not compromise the sources 
and methods used by the United States intelligence community 
to capture geospatial imagery. 
(b) FORM.—The report required under subsection (a) may be 
included in the first human rights report required to be submitted 
to Congress after the date of the enactment of this Act under 
sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2151n(d) and 2304(b)). 
SEC. 304. REPORT ON AND IMPOSITION OF SANCTIONS WITH RESPECT 
TO SERIOUS HUMAN RIGHTS ABUSES OR CENSORSHIP IN 
NORTH KOREA. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—The Secretary of State shall submit to 
the appropriate congressional committees a report that— 
(A) identifies each person the Secretary determines 
to be responsible for serious human rights abuses or censor-
ship in North Korea and describes the conduct of that 
person; and 
(B) describes serious human rights abuses or censor-
ship undertaken by the Government of North Korea or 
any person acting for or on behalf of that Government 
in the most recent year ending before the submission of 
the report. 
(2) CONSIDERATION.—In preparing the report required 
under paragraph (1), the Secretary of State shall— 
(A) give due consideration to the findings of the United 
Nations Commission of Inquiry on Human Rights in North 
Korea; and 
(B) make specific findings with respect to the responsi-
bility of Kim Jong Un, and of each individual who is 
a member of the National Defense Commission of North 
Korea or the Organization and Guidance Department of 
the Workers’ Party of Korea, for serious human rights 
abuses and censorship. 
22 USC 9243. 
22 USC 9242. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00111
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 114 
PUBLIC LAW 114–122—FEB. 18, 2016 
(3) SUBMISSION AND FORM.— 
(A) SUBMISSION.—The report required under paragraph 
(1) shall be submitted not later than 120 days after the 
date of the enactment of this Act, and every 180 days 
thereafter for a period not to exceed 3 years, and shall 
be included in each human rights report required under 
sections 116(d) and 502B(b) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151n(d) and 2304(b)). 
(B) FORM.—The report required under paragraph (1) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(C) PUBLIC AVAILABILITY.—The Secretary of State shall 
publish the unclassified part of the report required under 
paragraph (1) on the website of the Department of State. 
(b) DESIGNATION OF PERSONS.—The President shall designate 
under section 104(a) any person listed in the report required under 
subsection (a)(1) that— 
(1) knowingly engages in, is responsible for, or facilitates 
censorship by the Government of North Korea; or 
(2) knowingly engages in, is responsible for, or facilitates 
serious human rights abuses by the Government of North 
Korea. 
(c) SENSE
OF CONGRESS.—It is the sense of Congress that 
the President should— 
(1) seek the prompt adoption by the United Nations Secu-
rity 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 
(2) fully cooperate with the prosecution of any individual 
listed in the report required under subsection (a)(1) before 
any international tribunal that may be established to prosecute 
persons responsible for severe human rights abuses or censor-
ship in North Korea. 
TITLE IV—GENERAL AUTHORITIES 
SEC. 401. SUSPENSION OF SANCTIONS AND OTHER MEASURES. 
(a) IN GENERAL.—Any sanction or other measure required 
under title I, II, or III (or any amendment made by such titles) 
may be suspended for up to 1 year upon certification by the Presi-
dent to the appropriate congressional committees that the Govern-
ment of North Korea has made progress toward— 
(1) verifiably ceasing its counterfeiting of United States 
currency, including the surrender or destruction of specialized 
materials and equipment used or particularly suitable for 
counterfeiting; 
(2) taking steps toward financial transparency to comply 
with generally accepted protocols to cease and prevent the 
laundering of monetary instruments; 
(3) taking steps toward verification of its compliance with 
applicable United Nations Security Council resolutions; 
(4) taking steps toward accounting for and repatriating 
the citizens of other countries— 
(A) abducted or unlawfully held captive by the Govern-
ment of North Korea; or 
Certifications. 
President. 
22 USC 9251. 
President. 
Web posting. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00112
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 115 
PUBLIC LAW 114–122—FEB. 18, 2016 
(B) detained in violation of the Agreement Concerning 
a Military Armistice in Korea, signed at Panmunjom July 
27, 1953 (commonly referred to as the ‘‘Korean War 
Armistice Agreement’’); 
(5) accepting and beginning to abide by internationally 
recognized standards for the distribution and monitoring of 
humanitarian aid; and 
(6) taking verified steps to improve living conditions in 
its political prison camps. 
(b) RENEWAL
OF SUSPENSION.—The suspension described in 
subsection (a) may be renewed for additional, consecutive 180- 
day periods after the President certifies to the appropriate congres-
sional committees that the Government of North Korea has contin-
ued to comply with the conditions described in subsection (a) during 
the previous year. 
SEC. 402. TERMINATION OF SANCTIONS AND OTHER MEASURES. 
Any sanction or other measure required under title I, II, or 
III (or any amendment made by such titles) shall terminate on 
the date on which the President determines and certifies to the 
appropriate congressional committees that the Government of North 
Korea has— 
(1) met the requirements set forth in section 401; and 
(2) made significant progress toward— 
(A) completely, verifiably, and irreversibly dismantling 
all of its nuclear, chemical, biological, and radiological 
weapons programs, including all programs for the develop-
ment of systems designed in whole or in part for the 
delivery of such weapons; 
(B) releasing all political prisoners, including the citi-
zens of North Korea detained in North Korea’s political 
prison camps; 
(C) ceasing its censorship of peaceful political activity; 
(D) establishing an open, transparent, and representa-
tive society; and 
(E) fully accounting for and repatriating United States 
citizens (including deceased United States citizens)— 
(i) abducted or unlawfully held captive by the 
Government of North Korea; or 
(ii) detained in violation of the Agreement Con-
cerning a Military Armistice in Korea, signed at Pan-
munjom July 27, 1953 (commonly referred to as the 
‘‘Korean War Armistice Agreement’’). 
SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated for 
each of fiscal years 2017 through 2021— 
(1) $3,000,000 to carry out section 103 of the North Korea 
Human Rights Act of 2004 (22 U.S.C. 7813); 
(2) $3,000,000 to carry out subsections (a), (b), and (c) 
of section 104 of that Act (22 U.S.C. 7814); 
(3) $2,000,000 to carry out subsection (d) of such section 
104, as add by section 301 of this Act; and 
(4) $2,000,000 to carry out section 203 of the North Korea 
Human Rights Act of 2004 (22 U.S.C. 7833). 
(b) AVAILABILITY OF FUNDS.—Amounts appropriated for each 
fiscal year pursuant to subsection (a) shall remain available until 
expended. 
22 USC 9253. 
President. 
Determination. 
Certification. 
22 USC 92512. 
Time period. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00113
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 116 
PUBLIC LAW 114–122—FEB. 18, 2016 
LEGISLATIVE HISTORY—H.R. 757: 
HOUSE REPORTS: No. 114–392, Pt. 1 (Comm. on Foreign Affairs). 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Jan. 11, 12, considered and passed House. 
Feb. 10, considered and passed Senate, amended. 
Feb. 12, House concurred in Senate amendment. 
SEC. 404. RULEMAKING. 
(a) IN GENERAL.—The President is authorized to promulgate 
such rules and regulations as may be necessary to carry out the 
provisions of this Act (which may include regulatory exceptions), 
including under section 205 of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1704). 
(b) RULE OF CONSTRUCTION.—Nothing in this Act, or in any 
amendment made by this Act, may be construed to limit the 
authority of the President to designate or sanction persons pursuant 
to an applicable Executive order or otherwise pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.). 
SEC. 405. AUTHORITY TO CONSOLIDATE REPORTS. 
Any and all reports required to be submitted to appropriate 
congressional committees under this Act or any amendment made 
by this Act that are subject to a deadline for submission consisting 
of the same unit of time may be consolidated into a single report 
that is submitted to appropriate congressional committees pursuant 
to such deadline. The consolidated reports must contain all informa-
tion required under this Act or any amendment made by this 
Act, in addition to all other elements mandated by previous law. 
SEC. 406. EFFECTIVE DATE. 
Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall take effect on the date of 
the enactment of this Act. 
Approved February 18, 2016. 
22 USC 9201 
note. 
22 USC 9255. 
22 USC 9254. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00114
Fmt 6580
Sfmt 6580
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)