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

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

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

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Source location: Title 22, Chapter 99, § 9228; chapter-099-north-korea-sanctions-and-policy-enhancement.md

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**(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 submitted in unclassified form but may contain a classified annex. **(b) Specific findings** Each report required under subsection (a) shall include specific findings with respect to the following ports and airports: (1) The ports of Dandong, Dalian, and any other port in the People’s Republic of China that the President deems appropriate. (2) The ports of Abadan, Bandar-e-Abbas, Chabahar, Bandar-e-Khomeini, Bushehr Port, Asaluyeh Port, Kish, Kharg Island, Bandar-e-Lenge, and Khorramshahr, and Tehran Imam Khomeini International Airport, in the Islamic Republic of Iran. (3) The ports of Nakhodka, Vanino, and Vladivostok, in the Russian Federation. (4) The ports of Latakia, Banias, and Tartous, and Damascus International Airport, in the Syrian Arab Republic. **(c) Enhanced security targeting requirements** (1) **In general** — Except as provided in paragraph (2), the Secretary of Homeland Security may, using a layered approach, require enhanced screening procedures to determine whether physical inspections are warranted of any cargo bound for or landed in the United States that— (A) has been transported through a sea port or airport the operator of which has been identified by the President in accordance with subsection (a)(1) as having repeatedly failed to comply with applicable United Nations Security Council resolutions; (B) is aboard a vessel or aircraft, or within a conveyance that has, within the last 365 days, entered the territory or waters of North Korea, or landed in any of the sea ports or airports of North Korea; or (C) is registered by a country or jurisdiction whose compliance has been identified by the President as deficient pursuant to subsection (a)(2). (2) **Exception for food, medicine, and humanitarian shipments** — Paragraph (1) shall not apply to any vessel, aircraft, or conveyance that has entered the territory or waters of North Korea, or landed in any of the sea ports or airports of North Korea, exclusively for the purposes described in [section 9228(b)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9228/b/3/B&num=0&edition=prelim), or to import food, medicine, or supplies into North Korea to meet the humanitarian needs of the North Korean people. **(d) Seizure and forfeiture** A vessel, aircraft, or conveyance used to 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) under the jurisdiction of the United States may be seized and forfeited, or subject to forfeiture, under— (1) chapter 46 of title 18; or (2) part V of title IV of the Tariff Act of 1930 ([19 U.S.C. 1581](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1581&num=0&edition=prelim) et seq.).

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

22 U.S.C. § 9212 — Definitions

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 Execut

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

19 U.S.C. § 1581 — Boarding vessels

**(a) Customs officers** Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs-enforcement area established under the Anti-Smuggling Act [[19 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1701&num=0&edition=prelim) et seq.], or at any other authorized place, without as well as within his district, and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance. **(b) Officers of Department of the Treasury** Officers of the Department of the Treasury and other persons authorized by such department may go on board of any vessel at any place in the United States or within the customs waters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape or attempted escape, pursue and arrest any person engaged in the breach or violation of the navigation laws. **(c) Penalty for presenting forged, altered, or false documents** Any master of a vessel being examined as herein provided, who presents any forged, altered, or false document or paper to the examining officer, knowing the same to be forged, altered, or false and without revealing the fact shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $500. **(d) Penalty for failure to stop at command** Any vessel or vehicle which, at any authorized place, is directed to come to a stop

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

19 U.S.C. § 1654 — Short title

This chapter may be cited as the “Tariff Act of 1930.”

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

22 U.S.C. § 290l–10 — Opposition to assistance for any government that fails to implement sanctions on North Korea

**(a) In general** The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in [section 262r(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section262r/c&num=0&edition=prelim)) that it is the policy of the United States to oppose the provision by that institution of financial assistance to a foreign government, other than assistance to support basic human needs, if the President determines that, in the year preceding consideration of approval of such assistance, the government has knowingly failed to adequately enforce sanctions under an applicable United Nations Security Council resolution (as defined in [section 9202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9202&num=0&edition=prelim)). **(b) Waiver** The President may waive subsection (a) for up to 180 days at a time with respect to a foreign government if the President— (1) determines that— (A) the failure of the foreign government described in subsection (a) is due exclusively to a lack of capacity on the part of the foreign government; (B) the foreign government is taking effective steps to prevent recurrence of such failure; or (C) the waiver is in the national security interests of the United States; and (2) submits to Congress a report on the reasons for the determination under paragraph (1).

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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

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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

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

19 U.S.C. § 1581 — Boarding vessels

Page 267 TITLE 19—CUSTOMS DUTIES § 1581 Provisions somewhat similar to those in this section were contained in R.S. § 2981, as amended by act June 10, 1880, ch. 190, § 10, 21 Stat. 175, and act May 21, 1896, ch. 217, 29 Stat. 129, which also required notice to be given the party claiming the lien before delivery of the goods, and provided that possession by officers of the customs should not affect the discharge of the lien. That section was repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1984—Pub. L. 98–573 inserted provision making this section applicable to licensed customs brokers who oth- erwise possess a lien for the purposes stated above upon the merchandise under the statutes or common law, or by order of any court of competent jurisdiction, of any State. 1970—Pub. L. 91–271 substituted reference to customs officer for reference to collector of customs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective on close of 180th day following Oct. 30, 1984, see section 214(d) of Pub. L. 98–573, set out as a note under section 1304 of this title. EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note

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

22 U.S.C. § 9228 — Exemptions, waivers, and removals of des-

Page 2207 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9228 9214(a) of this title under the jurisdiction of the United States may be seized and forfeited, or subject to forfeiture, under— (1) chapter 46 of title 18; or (2) part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581 et seq.). (Pub. L. 114–122, title II, § 205, as added Pub. L. 115–44, title III, § 314, Aug. 2, 2017, 131 Stat. 946.) Editorial Notes REFERENCES IN TEXT The Tariff Act of 1930, referred to in subsec. (d)(2), is act June 17, 1930, ch. 497, 46 Stat. 590. Part V of title IV of the Act is classified generally to part V (§ 1581 et seq.) of subtitle III of chapter 4 of Title 19, Customs Du- ties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. PRIOR PROVISIONS A prior section 9225, Pub. L. 114–122, title II, § 205, Feb. 18, 2016, 130 Stat. 108, related to enhanced inspection au- thorities, prior to repeal by Pub. L. 115–44, title III, § 314, Aug. 2, 2017, 131 Stat. 946. Executive Documents DELEGATION OF FUNCTIONS Functions and authorities of President under subsec. (a) of this section delegated to Director of National In- telligence, in consultation with Secretary of State, by Memorandum of President of the United States, May 18, 2016, 81 F.R. 37479, set out as a note under section 9212 of this title. § 9226. 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. (Pub. L. 114–122, title II, § 206, Feb. 18, 2016, 130 Stat. 108.) § 9227. Travel recommendations for U

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