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22 U.S.C. § 9212 — Definitions

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22 U.S.C. § 9212 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_2c33b2ab8f14a4cb7e635bde
Source file: Laws/federal/codes/united-states-code/title-22/section-9212-definitions--983da56fdc.md
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Source location: Title 22, Chapter 99, § 9212; chapter-099-north-korea-sanctions-and-policy-enhancement.md

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In this chapter: (1) **Applicable Executive order** — The term “applicable Executive order” means— (A) Executive Order 13382 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking property of weapons of mass destruction proliferators and their supporters), Executive Order 13466 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to continuing certain restrictions with respect to North Korea and North Korean nationals), Executive Order 13551 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking property of certain persons with respect to North Korea), Executive Order 13570 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to prohibiting certain transactions with respect to North Korea), Executive Order 13619 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking property of persons threatening the peace, security, or stability of Burma), Executive Order 13687 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to imposing additional sanctions with respect to North Korea), Executive Order No. 13694 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities), or Executive Order No. 13722 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking the property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea), to the extent that such Executive order— (i) authorizes the imposition of sanctions on persons 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 February 18, 2016, to the extent that such Executive order— (i) authorizes the imposition of sanctions on persons 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 resolution** — The term “applicable United Nations Security Council resolution” means— (A) United Nations Security Council Resolution 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), or 2321 (2016); and (B) any United Nations Security Council resolution adopted on or after February 18, 2016, that— (i) authorizes the imposition of sanctions on persons 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 Committee 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), (b), or (g) of [section 9214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9214&num=0&edition=prelim) for purposes of applying 1 or more of the sanctions described in subchapter I or II with respect to the person. (5) **Foreign person** — The term “foreign person” means— (A) an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity that is not a United States person. (6) **Government of North Korea** — The term “Government of North Korea” means the Government of North Korea and its agencies, instrumentalities, and controlled entities. (7) **Humanitarian assistance** — The term “humanitarian assistance” means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter. (8) **Intelligence community** — The term “intelligence community” has the meaning given such term in [section 3003(4) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim). (9) **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; (B) includes the items listed in Supplement No. 1 to part 746 of such title, and any similar items; and (C) also includes any items so designated under an applicable United Nations Security Council resolution. (10) **Monetary instruments** — The term “monetary instruments” has the meaning given such term in [section 5312(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5312/a&num=0&edition=prelim). (11) **North Korea** — The term “North Korea” means the Democratic People’s Republic of Korea. (12) **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 9228(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9228/c&num=0&edition=prelim); (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. (13) **North Korean person** — The term “North Korean person” means— (A) a North Korean citizen or national; or (B) an entity owned or controlled by the Government of North Korea or by a North Korean citizen or national. (14) **Significant activities undermining cybersecurity** — The term “significant activities undermining cybersecurity” 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 regulations promulgated to implement [section 9214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9214&num=0&edition=prelim). (15) **South Korea** — The term “South Korea” means the Republic of Korea. (16) **United States person** — The term “United States person” 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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9202 — Procedures for review of classified and certain other information

**(a) In general** If a finding under this subtitle 11 See References in Text note below. or an amendment made by this subtitle, a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under this subtitle 1 or an amendment made by this subtitle, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), law enforcement information, or any other information protected from disclosure by statute, and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera. **(b) Rule of construction** Nothing in this section shall be construed to confer or imply any right to judicial review of any finding under this subtitle 1 or an amendment made by this subtitle, any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under this subtitle 1 or an amendment made by this subtitle.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9214 — 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 significantly hinder or delay the efforts of legitimate United States or foreign humanitarian organizations from providing assistance 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9214

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9201 — Waivers, exemptions, and termination

**(a) Omitted** **(b) Suspension** (1) **In general** — Subject to [section 9265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9265&num=0&edition=prelim), the President may suspend the application of any provision of or amendment made by this subtitle 11 See References in Text note below. (other than [section 9269d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9269d&num=0&edition=prelim) or [section 9221b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9221b/e&num=0&edition=prelim), as added by section 7121 1 of this title) with respect to an entity, individual, or transaction, for renewable periods of not more than 180 days each if, before such a suspension or renewal of such a suspension takes effect, the President submits to the appropriate congressional committees— (A) a certification that— (i) the Government of North Korea has— (I) committed to the verifiable suspension of North Korea’s proliferation and testing of weapons of mass destruction, including systems designed in whole or in part for the delivery of such weapons; and (II) has agreed to multilateral talks including the Government of the United States, with the goal of permanently and verifiably limiting North Korea’s weapons of mass destruction and ballistic missile programs; or (ii) the suspension is vital to the national security interests of the United States; and (B) if the President submits a certification under subparagraph (A)(ii), an explanation of the reasons the suspension is vital to the national security interests of the United States. (2) **Omitted** **(c) Termination** Subject to [section 9265 of this title](https://uscode.ho

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9201

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7817 — Actions to promote freedom of information

**(a) Actions** (1) **In general** — The President is authorized to take such actions as may be necessary to increase the availability of information inside North Korea by increasing the availability of sources of information not controlled by the Government of North Korea, including sources such as radios capable of receiving broadcasting from outside North Korea, USB drives, micro SD cards, audio players, video players, cell phones, wi-fi, wireless internet, web pages, internet, wireless telecommunications, and other electronic media that shares information. (2) **Distribution** — In accordance with the sense of Congress described in [section 7813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7813&num=0&edition=prelim), the President, acting through the Secretary of State, is authorized to distribute or provide grants to distribute information receiving devices, electronically readable devices, and other informational sources into North Korea, including devices and informational sources specified in paragraph (1). To carry out this paragraph, the President is authorized to issue regulations to facilitate the free-flow of information into North Korea. (3) **Research and development grant program** — In accordance with the authorization described in paragraphs (1) and (2) to increase the availability and distribution of sources of information inside North Korea, the President, acting through the Secretary of State, is authorized to establish a grant program to make grants to eligible entities to develop or distribute (or both) new products or methods to allow North Koreans easier access to outside information. Such program may involve public-private partnerships. (4) **Culture** — In accordance with the sense of Congress

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7817

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9221a — Reporting requirements

**(a) Presidential briefings to Congress** Not later than 180 days after February 18, 2016, and periodically thereafter, the President shall provide a briefing to the appropriate congressional committees on efforts to implement this chapter. **(b) Report from Secretary of State** Not later than 180 days after February 18, 2016, the Secretary of State shall conduct, coordinate, and submit to Congress a comprehensive report on United States policy towards North Korea that— (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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9221b — Designation of persons

**(a) Mandatory designations** Except as provided in [section 9228 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9228&num=0&edition=prelim), 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, radiological, 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, maintenance, 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 laundering, the counterfeiting of goods or currency, bulk cash smuggling, 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 activitie

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9221b

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9228 — Enhanced inspection authorities

**(a) Report required** (1) **In general** — Not later than 180 days after August 2, 2017, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report— (A) identifying the operators of foreign sea ports and airports that knowingly— (i) significantly fail to implement or enforce regulations to inspect ships, aircraft, cargo, or conveyances in transit to or from North Korea, as required by applicable United Nations Security Council resolutions; (ii) facilitate the transfer, transshipment, or conveyance of significant types or quantities of cargo, vessels, or aircraft owned or controlled by persons designated under applicable United Nations Security Council resolutions; or (iii) facilitate any of the activities described in [section 9214(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9214/a&num=0&edition=prelim); (B) describing the extent to which the requirements of applicable United Nations Security Council resolutions to de-register any vessel owned, controlled, or operated by or on behalf of the Government of North Korea have been implemented by other foreign countries; (C) describing the compliance of the Islamic Republic of Iran with the sanctions mandated in applicable United Nations Security Council resolutions; (D) identifying vessels, aircraft, and conveyances owned or controlled by the Reconnaissance General Bureau of the Workers’ Party of Korea; and (E) describing the diplomatic and enforcement efforts by the President to secure the full implementation of the applicable United Nations Security Council resolutions, as described in subparagraphs (A) through (C). (2) **Form** — The report required under paragraph (1) shall be subm

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9228

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9231 — Exemptions, waivers, and removals of designation

**(a) Exemptions** The following activities shall be exempt from sanctions under sections 9214, 9221a, 9221b, 9221c, 9226, 9229, 9241a, 9241b, and 9243 of this title: (1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 ([50 U.S.C. 3091](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3091&num=0&edition=prelim) 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 Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international 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 nongovernmental organizations tasked with identifying or recovering 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 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title 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 7802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9241 — 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 appropriate congressional committees a report that describes significant 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 support to conduct significant activities undermining cybersecurity 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 Government of North Korea or any person acting for or on behalf of that Government to conduct significant activities undermining cybersecurity; and (D) a United States strategy to counter North Korea’s efforts to conduct significant activities undermining cybersecurity 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** (A) *Submission* — The report required under paragraph (1) shall be submitted not later than 90 days after October 25, 2018, and every 180 days thereafter for 5 years. (B) *Form* — The report required under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex. **(b) Designation of p

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9241

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