22 U.S.C. § 9211 — Statement of policy

Page 2195 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9211 Republic of Korea is no longer engaged in the illicit activities described in such Executive orders, includ- ing actions in violation of the United Nations Secu- rity Council resolutions referred to in subsection (a)(1). ‘‘(2) REPORT.—Not later than 30 days after termi- nating any sanction with respect to the activities of the Government of the Democratic People’s Republic of Korea, a person acting for or on behalf of such gov- ernment, or any other person provided for in an Exec- utive order listed in subsection (a), the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a report to the appropriate congressional committees justifying the termination of the sanction and explaining the relationship be- tween such termination and the cessation of any il- licit activity that violates any of the United Nations Security Council resolutions referred to in subsection (a)(1) by such Government or person. The reporting requirement under this paragraph shall terminate on the date that is 5 years after the date of the enact- ment of this Act [Dec. 31, 2018]. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to limit the authority of the President pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.). ‘‘(c) POLICY OF THE UNITED STATES WITH RESPECT TO NEGOTIATION ON THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA’S NUCLEAR AND BALLISTIC MISSILE PROGRAMS.— It is the policy of the United States that the objective of negotiations with respect to the nuclear and ballistic missile programs of the Democratic People’s Republic of Korea be the complete, verifiable, and irreversible dismantlement of such programs. ‘‘(d) REPORT ON A STRATEGY TO ADDRESS THE THREATS POSED BY, AND THE CAPABILITIES OF, THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Dec. 31, 2018], and every 180 days thereafter for the following 5 years, the Secretary of State, or a designee of the Sec- retary, in consultation with the Secretary of the Treasury, shall submit a report to the appropriate congressional committees that describes actions taken by the United States to address the threats posed by, and the capabilities of, the Democratic Peo- ple’s Republic of Korea. ‘‘(2) ELEMENTS.—Each report required under para- graph (1) shall include— ‘‘(A) a summary of ongoing efforts by the United States to identify strategies and policies, including an assessment of the strengths and weaknesses of such strategies and policies— ‘‘(i) to achieve peaceful denuclearization of the Democratic People’s Republic of Korea; and ‘‘(ii) to eliminate the threat posed by the bal- listic missile program of the Democratic People’s Republic of Korea; ‘‘(B) an assessment of— ‘‘(i) potential road maps toward peaceful denuclearization of the Democratic People’s Re- public of Korea and the elimination of the nuclear and ballistic missile threats posed by the Demo- cratic People’s Republic of Korea; and ‘‘(ii) specific actions that the Democratic Peo- ple’s Republic of Korea would need to take for each such roadmap to become viable; ‘‘(C) a summary of the United States strategy to increase international coordination and coopera- tion, whether unilaterally, bilaterally, or multilat- erally, including sanctions enforcement and inter- diction, to address the threat posed by the nuclear and ballistic missile programs of the Democratic People’s Republic of Korea, which shall include— ‘‘(i) a description of the actions taken by the Secretary of State, or designees of the Secretary, to consult with governments around the world, with the purpose of inducing such governments to fully implement the United Nations Security Council resolutions referred to in subsection (a)(1); ‘‘(ii) a description of the actions taken by such governments to fully implement United Nations Security Council resolutions related to the Demo- cratic People’s Republic of Korea; ‘‘(iii) a list of countries with governments that the Secretary has determined are noncooperative with respect to implementing the United Nations Security Council resolutions referred to in sub- section (a)(1); and ‘‘(iv) a plan of action to engage, and increase cooperation with respect to the Democratic Peo- ple’s Republic of Korea, with the governments of the countries on the list described in clause (iii); ‘‘(D) an assessment of the adequacy of the na- tional export control regimes of countries that are members of the United Nations, and multilateral export control regimes, that are necessary to en- force sanctions imposed with respect to the Demo- cratic People’s Republic of Korea pursuant to the United Nations Security Council resolutions re- ferred to in subsection (a)(1); and ‘‘(E) an action plan to encourage and assist coun- tries in adopting and using authorities necessary to enforce export controls required by United Nations Security Council resolutions. ‘‘(3) FORM OF REPORT.—Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. ‘‘(e) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) representatives of the United States shall use the voice and vote of the United States in all inter- national organizations, as appropriate, to advocate for the expulsion of the Democratic People’s Republic of Korea from such organizations, until such time as the Democratic People’s Republic of Korea meets its commitments under the United Nations Security Council resolutions referred to in subsection (a)(1); and ‘‘(2) the Secretary of State should work to induce countries to meet their commitments under the United Nations Security Council resolutions referred to in subsection (a)(1), including by considering ap- propriate adjustments to the diplomatic posture and foreign assistance of the United States with govern- ments that the Secretary has determined are non- cooperative with respect to implementing the United Nations Security Council resolutions referred to in subsection (a)(1).’’ [Nothing in section 210 of Pub. L. 115–409, set out above, to be construed as authorizing the use of mili- tary force, see section 412 of Pub. L. 115–409, set out as a note under section 2656 of this title.] SUBCHAPTER I—INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES § 9211. Statement of policy In order to achieve the peaceful disarmament of North Korea, Congress finds that it is nec- essary— (1) to encourage all member states of the United Nations to fully and promptly imple- ment United Nations Security Council Resolu- tion 2094 (2013); (2) to sanction the persons, including finan- cial institutions, that facilitate proliferation, illicit activities, arms trafficking, cyberterrorism, imports of luxury goods, seri- ous human rights abuses, cash smuggling, and censorship by the Government of North Korea; (3) to authorize the President to sanction persons who fail to exercise due diligence to ensure that such financial institutions and member states do not facilitate proliferation, arms trafficking, kleptocracy, or imports of luxury goods by the Government of North Korea; Page 2196 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9212 (4) to deny the Government of North Korea access to the funds it uses to develop or obtain nuclear weapons, ballistic missiles, cyberwarfare capabilities, and luxury goods instead of providing for the needs of the people of North Korea; and (5) to enforce sanctions in a manner that does not significantly hinder or delay the ef- forts of legitimate United States or foreign humanitarian organizations from providing assistance to meet the needs of civilians fac- ing humanitarian crisis, including access to food, health care, shelter, and clean drinking water, to prevent or alleviate human suf- fering. (Pub. L. 114–122, title I, § 101, Feb. 18, 2016, 130 Stat. 98.) § 9212. Investigations (a) Initiation The President shall initiate an investigation into the possible designation of a person under section 9214(a) or (g) of this title upon receipt by the President of credible information indicating that such person has engaged in conduct de- scribed in section 9214(a) or (g) of this title. (b) Personnel The President may direct the Secretary of State, the Secretary of the Treasury, and the heads of other Federal departments and agencies as may be necessary to assign sufficient experi- enced and qualified investigators, attorneys, and technical personnel— (1) to investigate the conduct described in subsections (a), (b), and (g) of section 9214 of this title; and (2) to coordinate and ensure the effective en- forcement of this chapter. (Pub. L. 114–122, title I, § 102, Feb. 18, 2016, 130 Stat. 98; Pub. L. 116–92, div. F, title LXXI, § 7122(b)(2), Dec. 20, 2019, 133 Stat. 2248.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(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—Subsec. (a). Pub. L. 116–92, § 7122(b)(2)(A), in- serted ‘‘or (g)’’ after ‘‘section 9214(a)’’ in two places. Subsec. (b)(1). Pub. L. 116–92, § 7122(b)(2)(B), sub- stituted ‘‘(a), (b), and (g)’’ for ‘‘(a) and (b)’’. Executive Documents DELEGATION OF CERTAIN FUNCTIONS AND AUTHORITIES UNDER THE NORTH KOREA SANCTIONS AND POLICY EN- HANCEMENT ACT OF 2016 Memorandum of President of the United States, May 18, 2016, 81 F.R. 37479, provided: Memorandum for the Secretary of State[,] the Sec- retary of the Treasury[,] the Director of National Intelligence[, and] the Secretary of Commerce By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows: I hereby delegate to the Secretary of State, in con- sultation with the Secretary of the Treasury, functions and authorities vested in the President by section 103(a) of the North Korea Sanctions and Policy En- hancement Act of 2016 (Public Law 114–122, 22 U.S.C. 9201 note [22 U.S.C. 9201 et seq.]) (the ‘‘Act’’). I hereby delegate to the Secretary of State the func- tions and authorities vested in the President by sec- tions 208(b), 208(c), 401(a), 401(b), and 402. These func- tions and authorities shall be executed in consultation with the Secretary of the Treasury when affecting ac- tions undertaken by the Department of the Treasury pursuant to authorities delegated herein or pursuant to authorities conferred by the Act. I hereby delegate to the Secretary of State the func- tions and authorities vested in the President by section 301 of the Act and direct the Secretary of State to de- velop, in coordination with other executive depart- ments and agencies, as appropriate, the strategy de- scribed in section 202(c) of the Act. I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 104(a), 104(b), 104(d), 209(b), and 304(b) of the Act. I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by sections 102(a), 104(c), 104(e), and 208(d) of the Act. I hereby delegate to the Director of National Intel- ligence, in consultation with the Secretary of State, the functions and authorities vested in the President by section 205(a) of the Act. I hereby delegate the functions and authorities vest- ed in the President by section 209(a) as follows: The Secretary of the Treasury, in consultation with the Secretary of State and the Director of National In- telligence, shall have the responsibility for submitting the report described in subsection 209(a)(1) and for pro- viding the information described in subsections 209(a)(2)(A) and (B). The Director of National Intelligence, in consultation with the Secretary of the Treasury and the Secretary of State, shall have the responsibility for providing the description of significant activities described by sub- section 209(a)(1) and the assessment described in sub- section 209(a)(2)(C). The Secretary of State, in consultation with the Sec- retary of the Treasury and the Director of National In- telligence, shall have the responsibility for providing the strategy described in subsection 209(a)(2)(D). I hereby delegate to the Secretary of State, the Sec- retary of the Treasury, the Secretary of Commerce, and the Director of National Intelligence the functions and authorities vested in the President by section 404(a) of the Act as may be necessary to carry out the provisions of the Act, including the foregoing delegations. Any reference herein to provisions of any act related to the subject of this memorandum shall be deemed to include references to any hereafter-enacted provisions of law that are the same or substantially the same as such provisions. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 9213. Reporting requirements (a) Presidential briefings to Congress Not later than 180 days after February 18, 2016, and periodically thereafter, the President shall provide a briefing to the appropriate congres- sional committees on efforts to implement this chapter. (b) Report from Secretary of State Not later than 180 days after February 18, 2016, the Secretary of State shall conduct, coordi- nate, and submit to Congress a comprehensive report on United States policy towards North Korea that—