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22 U.S.C. § 9214 — Statement of policy

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.

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Stable record: federal_law:legal_authorities:record_usc_db44b08bc2b98b16a252d888
Source file: Laws/federal/codes/united-states-code/title-22/section-9214-statement-of-policy--0edb037380.md
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Source location: Title 22, Chapter 99, § 9214; chapter-099-north-korea-sanctions-and-policy-enhancement.md

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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.

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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

22 U.S.C. § 9221 — Investigations

**(a) Initiation** The President shall initiate an investigation into the possible designation of a person under section 9214(a) or (g) of this title upon receipt by the President of credible information indicating that such person has engaged in conduct described in section 9214(a) or (g) of this title. **(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), (b), and (g) of [section 9214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9214&num=0&edition=prelim); and (2) to coordinate and ensure the effective enforcement of this chapter.

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

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

22 U.S.C. § 9222 — Prohibition on indirect correspondent accounts

**(a) In general** Except as provided in subsection (b), if a United States financial institution has or obtains knowledge that a correspondent account established, maintained, administered, or managed by that institution for a foreign financial institution is being used by the foreign financial institution to provide significant financial services indirectly to any person, foreign government, or financial institution designated under [section 9214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9214&num=0&edition=prelim), the United States financial institution shall ensure that such correspondent account is no longer used to provide such services. **(b) Exception** A United States financial institution is authorized to process transfers of funds to or from North Korea, or for the direct or indirect benefit of any person, foreign government, or financial institution that is designated under [section 9214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9214&num=0&edition=prelim), only if the transfer— (1) arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction that has been authorized by a specific or general license issued by the Secretary of the Treasury; and (2) does not involve debiting or crediting a North Korean account. **(c) Definitions** In this section: (1) **Correspondent account** — The term “correspondent account” has the meaning given that term in [section 5318A of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5318A&num=0&edition=prelim). (2) **United States financial institution** — The term “United States financial institution” means 11 So in original. has the meaning given that ter

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9222

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

22 U.S.C. § 9223 — Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons

**(a) In general** The Secretary of the Treasury shall impose one or more of the sanctions described in subsection (b) with respect to a foreign financial institution that the Secretary determines, in consultation with the Secretary of State, knowingly, on or after the date that is 120 days after December 20, 2019, provides significant financial services to any person designated for the imposition of sanctions with respect to North Korea under— (1) 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); (2) an applicable Executive order; or (3) an applicable United Nations Security Council resolution. **(b) Sanctions described** The sanctions that may be imposed with respect to a foreign financial institution subject to subsection (a) are the following: (1) **Asset blocking** — The Secretary may block and prohibit, pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.), all transactions in all property and interests in property of the foreign financial institution 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. (2) **Restrictions on correspondent and payable-through accounts** — The Secretary may prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by the foreign financial institution. **(c) Implementation; penalties** (1) **Implementation** — The President may exercise all authorities provided under section

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9223

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

22 U.S.C. § 9224 — Prohibition on transactions with certain sanctioned persons by persons owned or controlled by United States financial institutions

**(a) In general** Not later than 180 days after December 20, 2019, the Secretary of the Treasury, in consultation with the Secretary of State, shall prohibit an entity owned or controlled by a United States financial institution and established or maintained outside the United States from knowingly engaging in any transaction described in subsection (b) directly or indirectly with the Government of North Korea or any person designated for the imposition of sanctions with respect to North Korea under— (1) 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); (2) an applicable Executive order; or (3) an applicable United Nations Security Council resolution. **(b) Transactions described** A transaction described in this subsection is a transaction that would be prohibited by an order or regulation issued pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.) if the transaction were engaged in in the United States or by a United States person. **(c) Civil penalties** The civil penalty provided for in section 206(b) of the International Emergency Economic Powers Act ([50 U.S.C. 1705(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1705/b&num=0&edition=prelim)) shall apply to a United States financial institution to the same extent that such penalty applies to a person that commits an unlawful act described in section 206(a) of that Act if an entity owned or controlled by the United States financial institution and established or maintained outside the United States violates, attempts to violate, co

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

22 U.S.C. § 9214 — Designation of persons

Page 2197 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9214 (1) is based on a full and complete inter- agency review of current policies and possible alternatives, including with respect to North Korea’s weapons of mass destruction and mis- sile programs, human rights atrocities, and significant activities undermining cybersecurity; and (2) includes recommendations for such legis- lative or administrative action as the Sec- retary considers appropriate based on the re- sults of the review. (Pub. L. 114–122, title I, § 103, Feb. 18, 2016, 130 Stat. 98.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 114–122, Feb. 18, 2016, 130 Stat. 93, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of this title and Tables. Executive Documents DELEGATION OF FUNCTIONS Functions and authorities of President under subsec. (a) of this section delegated to Secretary of State, in consultation with Secretary of the Treasury, by Memo- randum of President of the United States, May 18, 2016, 81 F.R. 37479, set out as a note under section 9212 of this title. § 9214. Designation of persons (a) Mandatory designations Except as provided in section 9228 of this title, the President shall designate under this sub- section any person that the President deter- mines— (1) knowingly, directly or indirectly, im- ports, exports, or reexports to, into, or from North Korea any goods, services, or tech- nology controlled for export by the United States because of the use of such goods, serv- ices, or technology for weapons of mass de- struction or delivery systems for such weapons and materially contrib

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 9214

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