22 U.S.C. § 9228 — Exemptions, waivers, and removals of des-

Page 2207 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9228 9214(a) of this title under the jurisdiction of the United States may be seized and forfeited, or subject to forfeiture, under— (1) chapter 46 of title 18; or (2) part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581 et seq.). (Pub. L. 114–122, title II, § 205, as added Pub. L. 115–44, title III, § 314, Aug. 2, 2017, 131 Stat. 946.) Editorial Notes REFERENCES IN TEXT The Tariff Act of 1930, referred to in subsec. (d)(2), is act June 17, 1930, ch. 497, 46 Stat. 590. Part V of title IV of the Act is classified generally to part V (§ 1581 et seq.) of subtitle III of chapter 4 of Title 19, Customs Du- ties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. PRIOR PROVISIONS A prior section 9225, Pub. L. 114–122, title II, § 205, Feb. 18, 2016, 130 Stat. 108, related to enhanced inspection au- thorities, prior to repeal by Pub. L. 115–44, title III, § 314, Aug. 2, 2017, 131 Stat. 946. Executive Documents DELEGATION OF FUNCTIONS Functions and authorities of President under subsec. (a) of this section delegated to Director of National In- telligence, in consultation with Secretary of State, 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. § 9226. Travel sanctions The Secretary of State may deny a visa to, and the Secretary of Homeland Security may deny entry into the United States of, any alien who is— (1) a designated person; (2) a corporate officer of a designated person; or (3) a principal shareholder with a controlling interest in a designated person. (Pub. L. 114–122, title II, § 206, Feb. 18, 2016, 130 Stat. 108.) § 9227. Travel recommendations for United States citizens to North Korea The Secretary of State shall expand the scope and frequency of issuance of travel warnings for all United States citizens to North Korea. The expanded travel warnings, which should be issued or updated not less frequently than every 90 days, should include— (1) publicly released or credible open source information regarding the detention of United States citizens by North Korean authorities, including available information on cir- cumstances of arrest and detention, duration, legal proceedings, and conditions under which a United States citizen has been, or continues to be, detained by North Korean authorities, including present-day cases and cases occur- ring during the 10-year period ending on Feb- ruary 18, 2016; (2) publicly released or credible open source information on the past and present detention and abduction or alleged abduction of citizens of the United States, South Korea, or Japan by North Korean authorities; (3) unclassified information about the nature of the North Korean regime, as described in congressionally mandated reports and annual reports issued by the Department of State and the United Nations, including information about North Korea’s weapons of mass destruc- tion programs, illicit activities, international sanctions violations, and human rights situa- tion; and (4) any other information that the Secretary deems useful to provide United States citizens with a comprehensive picture of the nature of the North Korean regime. (Pub. L. 114–122, title II, § 207, Feb. 18, 2016, 130 Stat. 108.) § 9228. Exemptions, waivers, and removals of des- ignation (a) Exemptions The following activities shall be exempt from sanctions under sections 9214, 9221a, 9221b, 9221c, 9226, 9229, 9241a, 9241b, and 9243 of this title: (1) Activities subject to the reporting re- quirements under title V of the National Secu- rity Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. (2) Any transaction necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Conven- tion on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements. (3) Any activities incidental to the POW/MIA accounting mission in North Korea, including activities by the Defense POW/MIA Account- ing Agency and other governmental or non- governmental organizations tasked with iden- tifying or recovering the remains of members of the United States Armed Forces in North Korea. (b) Humanitarian waiver (1) In general The President may waive, for renewable pe- riods of between 30 days and 1 year, the appli- cation of the sanctions authorized under sec- tion 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title if the President submits to the appropriate con- gressional committees a written determina- tion that the waiver is necessary for humani- tarian assistance or to carry out the humani- tarian purposes set forth section 7802 of this title. (2) Content of written determination A written determination submitted under paragraph (1) with respect to a waiver shall in- clude a description of all notification and ac- countability controls that have been employed in order to ensure that the activities covered by the waiver are humanitarian assistance or are carried out for the purposes set forth in section 7802 of this title and do not entail any activities in North Korea or dealings with the Page 2208 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9229 Government of North Korea not reasonably re- lated to humanitarian assistance or such pur- poses. (3) Clarification of permitted activities under waiver An internationally recognized humanitarian organization shall not be subject to sanctions under section 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title for— (A) engaging in a financial transaction re- lating to humanitarian assistance or for hu- manitarian purposes pursuant to a waiver issued under paragraph (1); (B) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes pursuant to such a waiver; or (C) having merely incidental contact, in the course of providing humanitarian assist- ance or aid for humanitarian purposes pursu- ant to such a waiver, with individuals who are under the control of a foreign person subject to sanctions under this chapter. (c) Waiver The President may waive, on a case-by-case basis, for renewable periods of between 30 days and 1 year, the application of the sanctions au- thorized under section 9214, 9221a, 9221b, 9221c, 9221(c)(2), 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title if the President submits to the appropriate congressional committees a written determination that the waiver— (1) is important to the national security in- terests of the United States; or (2) will further the enforcement of this chap- ter or is for an important law enforcement purpose. (d) Financial services for humanitarian and con- sular activities The President may promulgate such regula- tions, rules, and policies as may be necessary to facilitate the provision of financial services by a foreign financial institution that is not a North Korean financial institution in support of activi- ties conducted pursuant to an exemption or waiver under this section. (Pub. L. 114–122, title II, § 208, Feb. 18, 2016, 130 Stat. 109; Pub. L. 115–44, title III, § 322, Aug. 2, 2017, 131 Stat. 953; Pub. L. 116–92, div. F, title LXXI, § 7143(a), Dec. 20, 2019, 133 Stat. 2255.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- sec. (a)(1), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsecs. (b)(3)(C) and (c)(2), 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. AMENDMENTS 2019—Subsecs. (a), (b)(1), (3), (c). Pub. L. 116–92 in- serted ‘‘9221b, 9221c,’’ after ‘‘9221a,’’. 2017—Subsec. (a). Pub. L. 115–44, § 322(a), inserted ‘‘9221a,’’ after ‘‘sections 9214,’’ and ‘‘9241a, 9241b,’’ after ‘‘9229,’’ in introductory provisions. Subsec. (b)(1), (3). Pub. L. 115–44, § 322(b), inserted ‘‘9221a,’’ after ‘‘section 9214,’’ and ‘‘9241a, 9241b,’’ after ‘‘9229(b),’’. Subsec. (c). Pub. L. 115–44, § 322(c), inserted ‘‘9221a,’’ after ‘‘section 9214,’’ and ‘‘9241a, 9241b,’’ after ‘‘9229(b),’’ in introductory provisions. Executive Documents DELEGATION OF FUNCTIONS Functions and authorities of President under section 7143 of Pub. L. 116–92 with respect to this section dele- gated to Secretary of State, in consultation with the Secretary of the Treasury, by section 1(a)(vi) of Memo- randum of President of the United States, Feb. 21, 2020, 85 F.R. 13717, set out as a note under section 286yy of this title. Functions and authorities of President under subsecs. (b) and (c) of this section delegated to Secretary of State, to be executed in consultation with Secretary of the Treasury when appropriate, and functions and au- thorities of President under subsec. (d) of this section delegated to 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. § 9229. Report on and imposition of sanctions to address persons responsible for knowingly engaging in significant activities under- mining cybersecurity (a) Report required (1) In general The President shall submit to the appro- priate congressional committees a report that describes significant activities undermining cybersecurity aimed against the United States Government or any United States person and conducted by the Government of North Korea, or a person owned or controlled, directly or in- directly, by the Government of North Korea or any person acting for or on behalf of that Gov- ernment. (2) Information The report required under paragraph (1) shall include— (A) the identity and nationality of persons that have knowingly engaged in, directed, or provided material support to conduct signifi- cant activities undermining cybersecurity described in paragraph (1); (B) a description of the conduct engaged in by each person identified; (C) an assessment of the extent to which a foreign government has provided material support to the Government of North Korea or any person acting for or on behalf of that Government to conduct significant activi- ties undermining cybersecurity; and (D) a United States strategy to counter North Korea’s efforts to conduct significant activities undermining cybersecurity against the United States, that includes ef- forts to engage foreign governments to halt the capability of the Government of North Korea and persons acting for or on behalf of that Government to conduct significant ac- tivities undermining cybersecurity.