22 U.S.C. § 9243 — Report on and imposition of sanctions

Page 2211 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9243 (c) Exception (1) In general A person may not be designated under sub- section (a) if the President certifies to the ap- propriate congressional committees that the President has received reliable assurances from such person that— (A) the employment of North Korean la- borers does not result in the direct or indi- rect transfer of convertible currency, luxury goods, or other stores of value to the Gov- ernment of North Korea; (B) all wages and benefits are provided di- rectly to the laborers, and are held, as appli- cable, in accounts within the jurisdiction in which they reside in locally denominated currency; and (C) the laborers are subject to working conditions consistent with international standards. (2) Recertification Not later than 180 days after the date on which the President transmits to the appro- priate congressional committees an initial certification under paragraph (1), and every 180 days thereafter, the President shall— (A) transmit a recertification stating that the conditions described in such paragraph continue to be met; or (B) if such recertification cannot be trans- mitted, impose the sanctions described in subsection (b) beginning on the date on which the President determines that such recertification cannot be transmitted. (Pub. L. 114–122, title III, § 302B, as added Pub. L. 115–44, title III, § 321(b)(1), Aug. 2, 2017, 131 Stat. 952.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (b)(2), 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. § 9242. Report on North Korean prison camps (a) In general The Secretary of State shall submit to the ap- propriate congressional committees a report that describes, with respect to each political prison camp in North Korea, to the extent infor- mation is available— (1) the camp’s estimated prisoner popu- lation; (2) the camp’s geographical coordinates; (3) the reasons for the confinement of the prisoners; (4) the camp’s primary industries and prod- ucts, and the end users of any goods produced in the camp; (5) the individuals and agencies responsible for conditions in the camp; (6) the conditions under which prisoners are confined, with respect to the adequacy of food, shelter, medical care, working conditions, and reports of ill-treatment of prisoners; and (7) imagery, to include satellite imagery of the camp, in a format that, if published, would not compromise the sources and methods used by the United States intelligence community to capture geospatial imagery. (b) Form The report required under subsection (a) may be included in the first human rights report re- quired to be submitted to Congress after Feb- ruary 18, 2016, under sections 2151n(d) and 2304(b) of this title. (Pub. L. 114–122, title III, § 303, Feb. 18, 2016, 130 Stat. 113.) § 9243. Report on and imposition of sanctions with respect to serious human rights abuses or censorship in North Korea (a) Report required (1) In general The Secretary of State shall submit to the appropriate congressional committees a report that— (A) identifies each person the Secretary determines to be responsible for serious human rights abuses or censorship in North Korea and describes the conduct of that per- son; and (B) describes serious human rights abuses or censorship undertaken by the Govern- ment of North Korea or any person acting for or on behalf of that Government in the most recent year ending before the submis- sion of the report. (2) Consideration In preparing the report required under para- graph (1), the Secretary of State shall— (A) give due consideration to the findings of the United Nations Commission of Inquiry on Human Rights in North Korea; and (B) make specific findings with respect to the responsibility of Kim Jong Un, and of each individual who is a member of the Na- tional Defense Commission of North Korea or the Organization and Guidance Depart- ment of the Workers’ Party of Korea, for se- rious human rights abuses and censorship. (3) Submission and form (A) Submission The report required under paragraph (1) shall be submitted not later than 120 days after February 18, 2016, and every 180 days thereafter for a period not to exceed 3 years, and shall be included in each human rights report required under sections 2151n(d) and 2304(b) of this title. (B) Form The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (C) Public availability The Secretary of State shall publish the unclassified part of the report required under paragraph (1) on the website of the De- partment of State. (b) Designation of persons The President shall designate under section 9214(a) of this title any person listed in the re- port required under subsection (a)(1) that— Page 2212 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9251 (1) knowingly engages in, is responsible for, or facilitates censorship by the Government of North Korea; or (2) knowingly engages in, is responsible for, or facilitates serious human rights abuses by the Government of North Korea. (c) Sense of Congress It is the sense of Congress that the President should— (1) seek the prompt adoption by the United Nations Security Council of a resolution call- ing for the blocking of the assets of all persons responsible for severe human rights abuses or censorship in North Korea; and (2) fully cooperate with the prosecution of any individual listed in the report required under subsection (a)(1) before any inter- national tribunal that may be established to prosecute persons responsible for severe human rights abuses or censorship in North Korea. (Pub. L. 114–122, title III, § 304, Feb. 18, 2016, 130 Stat. 113.) Executive Documents DELEGATION OF FUNCTIONS Functions and authorities of President under subsec. (b) of this section delegated to Secretary of the Treas- ury, in consultation with Secretary of State, 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. SUBCHAPTER IV—GENERAL AUTHORITIES § 9251. Suspension of sanctions and other meas- ures (a) In general Any sanction or other measure required under subchapter I, II, or III (or any amendment made by such subchapters) (other than section 9214(g), 9221b, or 9221c of this title) may be suspended for up to 1 year upon certification by the President to the appropriate congressional committees that the Government of North Korea has made progress toward— (1) verifiably ceasing its counterfeiting of United States currency, including the sur- render or destruction of specialized materials and equipment used or particularly suitable for counterfeiting; (2) taking steps toward financial trans- parency to comply with generally accepted protocols to cease and prevent the laundering of monetary instruments; (3) taking steps toward verification of its compliance with applicable United Nations Se- curity Council resolutions; (4) taking steps toward accounting for and repatriating the citizens of other countries— (A) abducted or unlawfully held captive by the Government of North Korea; or (B) detained in violation of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (com- monly referred to as the ‘‘Korean War Armi- stice Agreement’’); (5) accepting and beginning to abide by internationally recognized standards for the distribution and monitoring of humanitarian aid; and (6) taking verified steps to improve living conditions in its political prison camps. (b) Renewal of suspension The suspension described in subsection (a) may be renewed for additional, consecutive 180- day periods after the President certifies to the appropriate congressional committees that the Government of North Korea has continued to comply with the conditions described in sub- section (a) during the previous year. (Pub. L. 114–122, title IV, § 401, Feb. 18, 2016, 130 Stat. 114; Pub. L. 116–92, div. F, title LXXI, § 7143(b)(2), Dec. 20, 2019, 133 Stat. 2256.) Editorial Notes REFERENCES IN TEXT Subchapter I, II, or III (or any amendment made by such subchapters), referred to in subsec. (a), was in the original ‘‘title I, II, or III (or any amendment made by such titles)’’, meaning titles I, II, and III of Pub. L. 114–122, Feb. 18, 2016, 130 Stat. 98, 101, 112. Titles I and III are classified principally to subchapters I and III, respectively, of this chapter. Title II is classified gen- erally to subchapter II of this chapter. For complete classification of titles I, II, and III of Pub. L. 114–122 to the Code, see Tables. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92 inserted ‘‘(other than section 9214(g), 9221b, or 9221c of this title)’’ after ‘‘such subchapters)’’ in introductory provisions. Executive Documents DELEGATION OF FUNCTIONS Functions and authorities of President under subsecs. (a) and (b) of this section delegated to Secretary of State, to be executed in consultation with Secretary of the Treasury when appropriate, 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. § 9252. Termination of sanctions and other meas- ures Any sanction or other measure required under subchapter I, II, or III (or any amendment made by such subchapters) shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the Government of North Korea has— (1) met the requirements set forth in section 9251 of this title; and (2) made significant progress toward— (A) completely, verifiably, and irreversibly dismantling all of its nuclear, chemical, bio- logical, and radiological weapons programs, including all programs for the development of systems designed in whole or in part for the delivery of such weapons; (B) releasing all political prisoners, includ- ing the citizens of North Korea detained in North Korea’s political prison camps; (C) ceasing its censorship of peaceful polit- ical activity; (D) establishing an open, transparent, and representative society; and (E) fully accounting for and repatriating United States citizens (including deceased United States citizens)—