22 U.S.C. § 9202 — Definitions

Page 2191 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9202 (iv) by planting land mines near a guard post in the South Korean portion of the de- militarized zone that maimed 2 South Ko- rean soldiers on August 4, 2015. (5) North Korea maintains a system of brutal political prison camps that contain as many as 200,000 men, women, and children, who are— (A) kept in atrocious living conditions with insufficient food, clothing, and medical care; and (B) under constant fear of torture or arbi- trary execution. (6) North Korea has prioritized weapons pro- grams and the procurement of luxury goods— (A) in defiance of United Nations Security Council Resolutions 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013), and 2094 (2013); and (B) in gross disregard of the needs of the people of North Korea. (7) Persons, including financial institutions, who engage in transactions with, or provide fi- nancial services to, the Government of North Korea and its financial institutions without establishing sufficient financial safeguards against North Korea’s use of such transactions to promote proliferation, weapons trafficking, human rights violations, illicit activity, and the purchase of luxury goods— (A) aid and abet North Korea’s misuse of the international financial system; and (B) violate the intent of the United Na- tions Security Council resolutions referred to in paragraph (6)(A). (8) The Government of North Korea has pro- vided technical support and conducted de- structive and coercive cyberattacks, including against Sony Pictures Entertainment and other United States persons. (9) The conduct of the Government of North Korea poses an imminent threat to— (A) the security of the United States and its allies; (B) the global economy; (C) the safety of members of the United States Armed Forces; (D) the integrity of the global financial system; (E) the integrity of global nonproliferation programs; and (F) the people of North Korea. (10) The Government of North Korea has sponsored acts of international terrorism, in- cluding— (A) attempts to assassinate defectors and human rights activists; and (B) the shipment of weapons to terrorists and state sponsors of terrorism. (b) Purposes The purposes of this chapter are— (1) to use nonmilitary means to address the crisis described in subsection (a); (2) to provide diplomatic leverage to nego- tiate necessary changes in the conduct of the Government of North Korea; (3) to ease the suffering of the people of North Korea; and (4) to reaffirm the purposes set forth in sec- tion 7802 of this title. (Pub. L. 114–122, § 2, Feb. 18, 2016, 130 Stat. 94.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 below and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 114–122, title IV, § 406, Feb. 18, 2016, 130 Stat. 116, provided that: ‘‘Except as otherwise provided in this Act, this Act [see Short Title note below] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Feb. 18, 2016].’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–92, div. F, title LXXI, § 7101, Dec. 20, 2019, 133 Stat. 2244, provided that: ‘‘This title [enacting sub- chapter V of this chapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amending sections 7103, 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title and section 312 of Title 31, Money and Finance, repeal- ing sections 262p–13 and 286yy of this title, and enacting provisions set out as notes under sections 262p–13, 286yy, and 7101 of this title and section 3305 of Title 12, Banks and Banking] may be cited as the ‘Otto Warmbier North Korea Nuclear Sanctions and Enforce- ment Act of 2019’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–44, title III, § 301, Aug. 2, 2017, 131 Stat. 940, provided that: ‘‘This title [enacting sections 9221a, 9225, 9241a, 9241b of this title and section 1232c of Title 33, Navigation and Navigable Waters, amending sections 2708, 9202, 9214, 9223, 9228, and 9241 of this title and sec- tions 1223 and 1232 of Title 33, repealing section 9225 of this title, and enacting provisions set out as notes under sections 9202, 9214, and 9241 of this title] may be cited as the ‘Korean Interdiction and Modernization of Sanctions Act’.’’ SHORT TITLE Pub. L. 114–122, § 1(a), Feb. 18, 2016, 130 Stat. 93, pro- vided that: ‘‘This Act [enacting this chapter and amending section 7814 of this title and sections 981, 983, and 1956 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘North Korea Sanctions and Policy Enhancement Act of 2016’.’’ RULE OF CONSTRUCTION FOR PUB. L. 115–232 Nothing in Pub. L. 115–232 [see Tables for classifica- tion] to be construed to authorize the use of force against North Korea, see section 1295 of Pub. L. 115–232, set out as a note under section 8784 of this title. § 9202. Definitions In this chapter: (1) Applicable Executive order The term ‘‘applicable Executive order’’ means— (A) Executive Order 13382 (50 U.S.C. 1701 note; relating to blocking property of weap- ons of mass destruction proliferators and their supporters), Executive Order 13466 (50 U.S.C. 1701 note; relating to continuing cer- tain restrictions with respect to North Korea and North Korean nationals), Execu- tive Order 13551 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to North Korea), Executive Order Page 2192 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9202 13570 (50 U.S.C. 1701 note; relating to prohib- iting certain transactions with respect to North Korea), Executive Order 13619 (50 U.S.C. 1701 note; relating to blocking prop- erty of persons threatening the peace, secu- rity, or stability of Burma), Executive Order 13687 (50 U.S.C. 1701 note; relating to impos- ing additional sanctions with respect to North Korea), Executive Order No. 13694 (50 U.S.C. 1701 note; relating to blocking the property of certain persons engaging in sig- nificant malicious cyber-enabled activities), or Executive Order No. 13722 (50 U.S.C. 1701 note; relating to blocking the property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea), to the extent that such Executive order— (i) authorizes the imposition of sanctions on persons for conduct with respect to North Korea; (ii) prohibits transactions or activities involving the Government of North Korea; or (iii) otherwise imposes sanctions with re- spect to North Korea; and (B) any Executive order adopted on or after February 18, 2016, to the extent that such Executive order— (i) authorizes the imposition of sanctions on persons for conduct with respect to North Korea; (ii) prohibits transactions or activities involving the Government of North Korea; or (iii) otherwise imposes sanctions with re- spect to North Korea. (2) Applicable United Nations Security Council resolution The term ‘‘applicable United Nations Secu- rity Council resolution’’ means— (A) United Nations Security Council Reso- lution 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), or 2321 (2016); and (B) any United Nations Security Council resolution adopted on or after February 18, 2016, that— (i) authorizes the imposition of sanctions on persons for conduct with respect to North Korea; (ii) prohibits transactions or activities involving the Government of North Korea; or (iii) otherwise imposes sanctions with re- spect to North Korea. (3) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives. (4) Designated person The term ‘‘designated person’’ means a per- son designated under subsection (a), (b), or (g) of section 9214 of this title for purposes of ap- plying 1 or more of the sanctions described in subchapter I or II with respect to the person. (5) Foreign person The term ‘‘foreign person’’ means— (A) an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity that is not a United States person. (6) Government of North Korea The term ‘‘Government of North Korea’’ means the Government of North Korea and its agencies, instrumentalities, and controlled en- tities. (7) Humanitarian assistance The term ‘‘humanitarian assistance’’ means assistance to meet humanitarian needs, in- cluding needs for food, medicine, medical sup- plies, clothing, and shelter. (8) Intelligence community The term ‘‘intelligence community’’ has the meaning given such term in section 3003(4) of title 50. (9) Luxury goods The term ‘‘luxury goods’’— (A) has the meaning given such term in section 746.4(b)(1) of title 15, Code of Federal Regulations; (B) includes the items listed in Supple- ment No. 1 to part 746 of such title, and any similar items; and (C) also includes any items so designated under an applicable United Nations Security Council resolution. (10) Monetary instruments The term ‘‘monetary instruments’’ has the meaning given such term in section 5312(a) of title 31. (11) North Korea The term ‘‘North Korea’’ means the Demo- cratic People’s Republic of Korea. (12) North Korean financial institution The term ‘‘North Korean financial institu- tion’’ means any financial institution that— (A) is organized under the laws of North Korea or any jurisdiction within North Korea (including a foreign branch of such an institution); (B) is located in North Korea, except for a financial institution that is excluded by the President in accordance with section 9228(c) of this title; (C) is owned or controlled by the Govern- ment of North Korea, regardless of location; or (D) is owned or controlled by a financial institution described in subparagraph (A), (B), or (C), regardless of location. (13) North Korean person The term ‘‘North Korean person’’ means— (A) a North Korean citizen or national; or (B) an entity owned or controlled by the Government of North Korea or by a North Korean citizen or national. Page 2193 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9202 (14) Significant activities undermining cybersecurity The term ‘‘significant activities under- mining cybersecurity’’ includes— (A) significant efforts to— (i) deny access to or degrade, disrupt, or destroy an information and communica- tions technology system or network; or (ii) exfiltrate information from such a system or network without authorization; (B) significant destructive malware at- tacks; (C) significant denial of service activities; and (D) such other significant activities de- scribed in regulations promulgated to imple- ment section 9214 of this title. (15) South Korea The term ‘‘South Korea’’ means the Repub- lic of Korea. (16) United States person The term ‘‘United States person’’ means— (A) a United States citizen or an alien law- fully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. (Pub. L. 114–122, § 3, Feb. 18, 2016, 130 Stat. 95; Pub. L. 115–44, title III, § 302(a), Aug. 2, 2017, 131 Stat. 940; Pub. L. 116–92, div. F, title LXXI, § 7122(b)(1), Dec. 20, 2019, 133 Stat. 2248.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. Subchapter I or II, referred to in par. (4), was in the original ‘‘title I or II’’, meaning titles I and II of Pub. L. 114–122. Title I is classified principally to subchapter I of this chapter. Title II is classified generally to sub- chapter II of this chapter. For complete classification of titles I and II of Pub. L. 114–122 to the Code, see Ta- bles. AMENDMENTS 2019—Par. (4). Pub. L. 116–92 substituted ‘‘(a), (b), or (g)’’ for ‘‘(a) or (b)’’. 2017—Par. (1)(A). Pub. L. 115–44, § 302(a)(1), substituted ‘‘Executive Order No. 13694’’ for ‘‘or Executive Order 13694’’ and inserted ‘‘or Executive Order No. 13722 (50 U.S.C. 1701 note; relating to blocking the property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea),’’ before ‘‘to the extent’’. Par. (2)(A). Pub. L. 115–44, § 302(a)(2), substituted ‘‘2094 (2013), 2270 (2016), or 2321 (2016)’’ for ‘‘or 2094 (2013)’’. Pars. (5) to (9). Pub. L. 115–44, § 302(a)(3)(A), added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively. Par. (9)(C). Pub. L. 115–44, § 302(a)(4), added subpar. (C). Pars. (10) to (12). Pub. L. 115–44, § 302(a)(3)(A), redesig- nated pars. (9) to (11) as (10) to (12), respectively. Par. (13). Pub. L. 115–44, § 302(a)(5)(B), added par. (13). Former par. (13) redesignated (14). Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (12) as (13). Former par. (13) redesignated (14). Par. (14). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (13) as (14). Former par. (14) redesignated (15). Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (13) as (14). Former par. (14) redesignated (15). Par. (15). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (14) as (15). Former par. (15) redesignated (16). Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (14) as (15). Par. (16). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (15) as (16). Statutory Notes and Related Subsidiaries REGULATORY AUTHORITY Pub. L. 115–44, title III, § 333, Aug. 2, 2017, 131 Stat. 955, provided that: ‘‘(a) IN GENERAL.—The President shall, not later than 180 days after the date of the enactment of this Act [Aug. 2, 2017], promulgate regulations as necessary for the implementation of this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] and the amendments made by this title. ‘‘(b) NOTIFICATION TO CONGRESS.—Not fewer than 10 days before the promulgation of a regulation under sub- section (a), the President shall notify and provide to the appropriate congressional committees [see Defini- tions note below] the proposed regulation, specifying the provisions of this title or the amendments made by this title that the regulation is implementing.’’ RULE OF CONSTRUCTION Pub. L. 115–44, title III, § 332, Aug. 2, 2017, 131 Stat. 954, provided that: ‘‘Nothing in this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] shall be construed to limit— ‘‘(1) the authority or obligation of the President to apply the sanctions described in section 104 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214), as amended by section 311 of this Act, with regard to persons who meet the cri- teria for designation under such section, or in any other provision of law; or ‘‘(2) the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).’’ AUTHORITY TO CONSOLIDATE REPORTS Pub. L. 115–44, title III, § 331, Aug. 2, 2017, 131 Stat. 954, provided that: ‘‘Any reports required to be submitted to the appropriate congressional committees [see Defi- nitions note below] under this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] or any amendment made by this title that are subject to deadlines for submission consisting of simi- lar units of time may be consolidated into a single re- port that is submitted to appropriate congressional committees pursuant to the earlier of such deadlines. The consolidated reports must contain all information required under this title or any amendment made by this title, in addition to all other elements mandated by previous law.’’ DEFINITIONS Pub. L. 115–44, title III, § 302(b), Aug. 2, 2017, 131 Stat. 941, provided that: ‘‘In this title [see Short Title of 2017 Amendment note set out under section 9201 of this title]: ‘‘(1) APPLICABLE UNITED NATIONS SECURITY COUNCIL RESOLUTION; LUXURY GOODS.—The terms ‘applicable United Nations Security Council resolution’ and ‘lux- ury goods’ have the meanings given those terms, re- spectively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202), as amended by subsection (a). ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES; GOV- ERNMENT OF NORTH KOREA; UNITED STATES PERSON.— The terms ‘appropriate congressional committees’, Page 2194 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9203 ‘Government of North Korea’, and ‘United States per- son’ have the meanings given those terms, respec- tively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202). ‘‘(3) FOREIGN PERSON; NORTH KOREAN PERSON.—The terms ‘foreign person’ and ‘North Korean person’ have the meanings given those terms, respectively, in paragraph (5) and paragraph (13) of section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202(5) and 9202(13)), as added by sub- section (a). ‘‘(4) PROHIBITED WEAPONS PROGRAM.—The term ‘pro- hibited weapons program’ means— ‘‘(A) any program related to the development of nuclear, chemical, or biological weapons, and their means of delivery, including ballistic missiles; and ‘‘(B) any program to develop related materials with respect to a program described in subpara- graph (A).’’ § 9203. Strategy on North Korea (a) Report on strategy required Not later than 90 days after December 12, 2017, the President shall submit to Congress a report setting forth the strategy of the United States with respect to North Korea. (b) Elements The report required by subsection (a) shall in- clude the following: (1) A description and assessment of the pri- mary threats to United States national secu- rity interests from North Korea. (2) A description of known foreign nation, foreign entity, or individual violations of cur- rent United Nations sanctions against North Korea, together with parameters for deter- mining whether and on what timeline it serves United States interests to target such viola- tors with unilateral secondary sanctions. (3) A description of the diplomatic, eco- nomic, and trade relationships between China and North Korea and between Russia and North Korea, including trends in such rela- tionships and their impact on the Government of North Korea. (4) An identification of the diplomatic, eco- nomic, and security objectives for the Korean Peninsula and the desired end state in North Korea with respect to the security threats emanating from North Korea. (5) A detailed roadmap to reach the objec- tives and end state identified pursuant to paragraph (4), including timelines for each ele- ment of the roadmap. (6) A description of the unilateral and multi- lateral options available to the United States regarding North Korea, together with an as- sessment of the degree to which such options would impose costs on North Korea. (7) A description of the resources and au- thorities necessary to carry out the roadmap described in paragraph (5). (8) A description of operational plans and as- sociated military requirements for the protec- tion of United States interests with respect to North Korea. (9) An identification of any capability or re- source gaps that would affect the implementa- tion of the strategy described in subsection (a), and a mitigation plan to address such gaps. (10) An assessment of current and desired partner contributions to countering threats from North Korea, and a plan to enhance co- operation among countries with shared secu- rity interests with respect to North Korea. (11) Any other matters the President con- siders appropriate. (c) Annual updates The President shall submit to Congress in writing on an annual basis a report describing and assessing progress in the implementation of the strategy described in subsection (a). (d) Form The report under subsection (a) and each re- port under subsection (c) shall be submitted in unclassified form, but may include a classified annex. (Pub. L. 115–91, div. A, title XII, § 1256, Dec. 12, 2017, 131 Stat. 1682.) Editorial Notes CODIFICATION Section enacted as part of the National Defense Au- thorization Act for Fiscal Year 2018, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter. Statutory Notes and Related Subsidiaries NORTH KOREA STRATEGY Pub. L. 115–409, title II, § 210, Dec. 31, 2018, 132 Stat. 5398, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) The Government of the Democratic People’s Republic of Korea has flagrantly defied the inter- national community by illicitly developing its nu- clear and ballistic missile programs, in violation of United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2371 (2017), 2375 (2017), and 2397 (2017). ‘‘(2) The Government of the Democratic People’s Republic of Korea engages in gross human rights abuses against its own people and citizens of other countries, including the United States, the Republic of Korea, and Japan. ‘‘(3) The United States is committed to pursuing a peaceful denuclearization of the Democratic People’s Republic of Korea through a policy of maximum pres- sure and engagement, in close concert with its part- ners. ‘‘(b) POLICY OF THE UNITED STATES WITH RESPECT TO SANCTIONS AGAINST THE DEMOCRATIC PEOPLE’S REPUB- LIC OF KOREA.— ‘‘(1) STATEMENT OF POLICY.—It is the policy of the United States to continue to impose sanctions with respect to activities of the Government of the Demo- cratic People’s Republic of Korea, persons acting for or on behalf of such government, or other persons in accordance with Executive Order No. 13551 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to North Korea), Executive Order No. 13687 (50 U.S.C. 1701 note; relating to impos- ing additional sanctions), Executive Order No. 13694 (50 U.S.C. 1701 note; relating to blocking the property of certain persons engaging in significant malicious cyberenabled activities), Executive Order No. 13722 (50 U.S.C. 1701 note; relating to blocking the property of the Government of North Korea and the Workers’ Party of Korea, and prohibiting certain transactions with respect to North Korea), and Executive Order No. 13810 (82 Fed. Reg. 44705; relating to imposing ad- ditional sanctions with respect to North Korea) [50 U.S.C. 1701 note], as such Executive orders are in ef- fect on the day before the date of the enactment of this Act [Dec. 31, 2018], until the Democratic People’s