22 U.S.C. § 9223 — Proliferation prevention sanctions

Page 2204 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9223 1 See References in Text note below. (3) the blocking by all member states, in ac- cordance with the legal process of the state in which the property is held, of any property re- quired 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 persons, 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. (c) Strategy to improve international implemen- tation and enforcement of United Nations North Korea-specific sanctions The President shall direct the Secretary of State, in coordination with other Federal de- partments and agencies, as appropriate, to de- velop a strategy to improve international imple- mentation and enforcement of United Nations North Korea-specific sanctions. The strategy should include elements— (1) to increase the number of countries sub- mitting reports to the United Nations Panel of Experts established pursuant to United Na- tions Security Council Resolution 1874 (2009), including developing a list of targeted coun- tries where effective implementation and en- forcement 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 in- vestigations; (3) to expand cooperation with the Panel of Experts; (4) to provide technical assistance to mem- ber states to implement United Nations sanc- tions, including developing the capacity to en- force sanctions through improved export con- trol regulations, border security, and customs systems; (5) to harness existing United States Govern- ment initiatives and assistance programs, as appropriate, to improve sanctions implemen- tation and enforcement; and (6) to increase outreach to the people of North Korea, and to support the engagement of independent, non-governmental journal- istic, humanitarian, and other institutions in North Korea. (d) Report required Not later than 90 days after February 18, 2016, 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). (Pub. L. 114–122, title II, § 202, Feb. 18, 2016, 130 Stat. 104.) § 9223. 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 tech- nology otherwise covered under section 4605(j) 1 of title 50. No defense exports may be approved for the Government of North Korea. (b) Transactions in defense articles or defense services (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 to or receives from the Government of North Korea a defense article or defense service, as such terms are defined in section 2794 of this title, if the President de- termines that a significant type or amount of such article or service has been so provided or received. (2) Applicability The prohibition under paragraph (1) with re- spect to a government shall terminate on the date that is 5 years after the date on which the prohibition under paragraph (1) is applied to that government. (c) Waiver Notwithstanding any other provision of law, the Secretary of State may waive the prohibi- tions under this section with respect to a coun- try if the Secretary— (1) determines that such waiver is in the na- tional interest of the United States; and (2) submits a written report to the appro- priate congressional committees that de- scribes— (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 in- terest 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, maternal and child health, disease prevention and response, or humanitarian purposes. (e) Report on arms trafficking involving North Korea (1) In general Not later than 180 days after August 2, 2017, and annually thereafter for 5 years, the Sec- retary of State shall submit to the appropriate congressional committees a report that spe- cifically describes the compliance of foreign countries and other foreign jurisdictions with the requirement to curtail the trade described in subsection (b)(1). (2) Form The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (Pub. L. 114–122, title II, § 203, Feb. 18, 2016, 130 Stat. 106; Pub. L. 115–44, title III, § 313, Aug. 2, Page 2205 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9224 2017, 131 Stat. 945; Pub. L. 116–92, div. F, title LXXI, § 7123, Dec. 20, 2019, 133 Stat. 2248.) Editorial Notes REFERENCES IN TEXT Section 4605(j) of title 50, referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. AMENDMENTS 2019—Subsec. (b)(2). Pub. L. 116–92 substituted ‘‘5 years’’ for ‘‘2 years’’. 2017—Subsec. (b). Pub. L. 115–44, § 313(1)(A), sub- stituted ‘‘Transactions in defense articles or defense services’’ for ‘‘Transactions in lethal military equip- ment’’ in heading. Subsec. (b)(1). Pub. L. 115–44, § 313(1)(B), substituted ‘‘that provides to or receives from the Government of North Korea a defense article or defense service, as such terms are defined in section 2794 of this title, if the President determines that a significant type or amount of such article or service has been so provided or received’’ for ‘‘that provides lethal military equip- ment to the Government of North Korea’’. Subsec. (b)(2). Pub. L. 115–44, § 313(1)(C), substituted ‘‘2 years’’ for ‘‘1 year’’. Subsec. (d). Pub. L. 115–44, § 313(2), substituted ‘‘ma- ternal and child health, disease prevention and re- sponse, or’’ for ‘‘or emergency’’. Subsec. (e). Pub. L. 115–44, § 313(3), added subsec. (e). § 9224. 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 9214(a) or (g) of this title. (b) Federal Acquisition Regulation (1) In general The Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41 shall be revised to require that each person that is a prospective contractor submit a certifi- cation that such person does not engage in any activity described in section 9214(a) or (g) of this title. (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 February 18, 2016. (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 maintained by the Administrator under part 9 of the Federal Acquisition Regu- lation, each person that is debarred, sus- pended, or proposed for debarment or suspen- sion by the head of an executive 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 deter- mines that a person has submitted a false cer- tification under subsection (b) after the date on which the Federal Acquisition Regulation is revised to implement the requirements of this section, the head of such executive agency shall— (A) terminate any contract with such per- son; and (B) debar or suspend such person from eli- gibility for Federal contracts for a period of not longer than 2 years. (3) Applicable procedures Any debarment or suspension under para- graph (2)(B) shall be subject to the procedures that apply to debarment and suspension under subpart 9.4 of the Federal Acquisition Regula- tion. (d) Clarification regarding certain products The remedies specified in subsection (c) shall not apply with respect to the procurement of any eligible product (as defined in section 2518(4) of title 19 of any foreign country or instrumen- tality designated under section 2511(b) of title 19. (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 of- ficial of the Federal Government on the basis of a determination of a false certification under subsection (b). (f) Executive agency defined In this section, the term ‘‘executive agency’’ has the meaning given such term in section 133 of title 41. (Pub. L. 114–122, title II, § 204, Feb. 18, 2016, 130 Stat. 107; Pub. L. 116–92, div. F, title LXXI, § 7122(b)(3), Dec. 20, 2019, 133 Stat. 2248.) Editorial Notes AMENDMENTS 2019—Subsecs. (a), (b)(1). Pub. L. 116–92 inserted ‘‘or (g)’’ after ‘‘section 9214(a)’’. Statutory Notes and Related Subsidiaries ASSESSMENT AND AUTHORITY TO TERMINATE OR PRO- HIBIT CONTRACTS FOR PROCUREMENT FROM CHINESE COMPANIES PROVIDING SUPPORT TO THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Pub. L. 115–91, div. A, title VIII, § 888, Dec. 12, 2017, 131 Stat. 1507, provided that: ‘‘(a) ASSESSMENT REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense, in con- sultation with the Secretary of State, the Secretary of the Treasury, and the Director of National Intel- ligence, shall conduct an assessment of trade between the People’s Republic of China and the Democratic People’s Republic of Korea, including elements deemed to be important to United States national se- curity and defense. ‘‘(2) ELEMENTS.—The assessment required by para- graph (1) shall— ‘‘(A) assess the composition of all trade between China and the Democratic People’s Republic of Korea, including trade in goods and services; ‘‘(B) identify whether any Chinese commercial entities that are engaged in such trade materially support illicit activities on the part of North Korea;