22 U.S.C. § 9241 — Strategy to promote North Korean human

Page 2209 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9241 (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 persons The President shall designate under section 9214(a) of this title any person identified in the report required under subsection (a)(1) that knowingly engages in significant activities un- dermining cybersecurity through the use of computer networks or systems against foreign persons, governments, or other entities on be- half of the Government of North Korea. (Pub. L. 114–122, title II, § 209, Feb. 18, 2016, 130 Stat. 110; Pub. L. 115–272, title III, § 303(c)(1), Oct. 25, 2018, 132 Stat. 4157.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(3)(A). Pub. L. 115–272 substituted ‘‘not later than 90 days after October 25, 2018, and every 180 days thereafter for 5 years’’ for ‘‘not later than 90 days after February 18, 2016, and every 180 days there- after’’. Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of President under this section, see 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. § 9230. 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 cer- tain persons engaging in significant malicious cyber-enabled activities), as such Executive Or- ders are in effect on the day before February 18, 2016, 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 controlled, directly or indirectly, by that Government or persons acting for or on be- half of that Government, are no longer engaged in the illicit activities described in such Execu- tive 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.). (Pub. L. 114–122, title II, § 210, Feb. 18, 2016, 130 Stat. 111.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (b), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. § 9231. Sense of Congress on trilateral coopera- tion between the United States, South Korea, and Japan (a) In general It is the sense of Congress that the President— (1) should seek to strengthen high-level tri- lateral mechanisms for discussion and coordi- nation of policy toward North Korea between the Government of the United States, the Gov- ernment of South Korea, and the Government of Japan; (2) should ensure that the mechanisms spe- cifically address North Korea’s nuclear, bal- listic, and conventional weapons programs, 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 intelligence community, and representatives of counterpart agencies in South Korea and Japan; and (4) should continue to brief the relevant con- gressional committees regularly on the status of such discussions. (b) Relevant committees The relevant committees referred to in sub- section (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 Per- manent Select Committee on Intelligence of the House of Representatives. (Pub. L. 114–122, title II, § 211, Feb. 18, 2016, 130 Stat. 111.) SUBCHAPTER III—PROMOTION OF HUMAN RIGHTS § 9241. Strategy to promote North Korean human rights (a) In general Not later than 120 days after October 25, 2018, and periodically thereafter, 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 de- Page 2210 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9241a tails a United States strategy to promote initia- tives 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; (2) a list of countries where North Korean la- borers work, including countries the govern- ments of which have formal arrangements with the Government of North Korea or any person acting for or on behalf of that Govern- ment to employ North Korean workers; and (3) a list of foreign persons that knowingly employ North Korean laborers, as described in section 9214(g)(1)(C) of this title. (c) Strategy The report required under subsection (a) should include— (1) a plan to enhance bilateral and multilat- eral outreach, including sustained engagement with the governments of partners 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 cam- paigns, including options to work with news organizations and media outlets to publish opinion pieces and secure public speaking op- portunities for United States Government offi- cials on issues related to the human rights sit- uation in North Korea, including forced labor, trafficking, and repatriation of citizens of North Korea; and (3) opportunities to coordinate and collabo- rate with appropriate nongovernmental orga- nizations and private sector entities to raise awareness and provide assistance to North Ko- rean defectors throughout the world. (Pub. L. 114–122, title III, § 302, Feb. 18, 2016, 130 Stat. 112; Pub. L. 115–44, title III, § 321(a)(1), Aug. 2, 2017, 131 Stat. 951; Pub. L. 115–272, title III, § 303(c)(2), Oct. 25, 2018, 132 Stat. 4157; Pub. L. 116–92, div. F, title LXXI, § 7122(b)(4), Dec. 20, 2019, 133 Stat. 2248.) Editorial Notes AMENDMENTS 2019—Subsec. (b)(3). Pub. L. 116–92 substituted ‘‘sec- tion 9214(g)(1)(C)’’ for ‘‘section 9214(b)(1)(M)’’. 2018—Subsec. (a). Pub. L. 115–272 substituted ‘‘Not later than 120 days after October 25, 2018, and periodi- cally thereafter’’ for ‘‘Not later than 180 days after February 18, 2016’’. 2017—Subsec. (b)(3). Pub. L. 115–44 added par. (3). Statutory Notes and Related Subsidiaries ADDITIONAL DETERMINATIONS; REPORTS Pub. L. 115–44, title III, § 321(a)(2), Aug. 2, 2017, 131 Stat. 951, provided that: ‘‘With respect to any country identified in section 302(b)(2) of the North Korea Sanc- tions and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)(2)), as amended by paragraph (1), the report re- quired under section 302(a) of such Act shall— ‘‘(A) include a determination whether each person identified in section 302(b)(3) of such Act (as amended by paragraph (1)) who is a national or a citizen of such identified country meets the criteria for sanc- tions under— ‘‘(i) section 111 of the Trafficking Victims Protec- tion Act of 2000 (22 U.S.C. 7108) (relating to the pre- vention of trafficking in persons); or ‘‘(ii) section 104(a) or 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214(a)[, (b)(1)]), as amended by section 101 of this Act; ‘‘(B) be included in the report required under sec- tion 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) (relating to the annual re- port on trafficking in persons); and ‘‘(C) be considered in any determination that the government of such country has made serious and sustained efforts to eliminate severe forms of traf- ficking in persons, as such term is defined for pur- poses of the Trafficking Victims Protection Act of 2000 [22 U.S.C. 7101 et seq.].’’ § 9241a. Rebuttable presumption applicable to goods made with North Korean labor (a) In general Except as provided in subsection (b), any sig- nificant goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part by the labor of North Korean nationals or citizens shall be deemed to be prohibited under section 1307 of title 19 and shall not be entitled to entry at any of the ports of the United States. (b) Exception The prohibition described in subsection (a) shall not apply if the Commissioner of U.S. Cus- toms and Border Protection finds, by clear and convincing evidence, that the goods, wares, arti- cles, or merchandise described in such paragraph were not produced with convict labor, forced labor, or indentured labor under penal sanc- tions. (Pub. L. 114–122, title III, § 302A, as added Pub. L. 115–44, title III, § 321(b)(1), Aug. 2, 2017, 131 Stat. 952.) § 9241b. Sanctions on foreign persons employing North Korean labor (a) In general Except as provided in subsection (c), the Presi- dent shall designate any person identified under section 9241(b)(3) of this title for the imposition of sanctions under subsection (b). (b) Imposition of sanctions (1) In general The President shall impose the sanctions de- scribed in paragraph (2) with respect to any person designated under subsection (a). (2) Sanctions described The sanctions described in this paragraph are sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit all trans- actions in property and interests in property of a person designated under subsection (a), 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.