22 U.S.C. § 9201 — Findings; purposes

Page 2190 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9201 Memorandum for the Secretary of State 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 delegate the functions and authorities vested in the President by section 302(b) of the Sean and David Goldman International Child Abduction Pre- vention and Return Act of 2014 (Public Law 113–150) (the ‘‘Act’’), to the Secretary of State. Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. CHAPTER 99—NORTH KOREA SANCTIONS AND POLICY ENHANCEMENT Sec. 9201. Findings; purposes. 9202. Definitions. 9203. Strategy on North Korea. SUBCHAPTER I—INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES 9211. Statement of policy. 9212. Investigations. 9213. Reporting requirements. 9214. Designation of persons. SUBCHAPTER II—SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS ABUSES, AND ILLICIT ACTIVITIES 9221. Determinations with respect to North Korea as a jurisdiction of primary money laun- dering concern. 9221a. Prohibition on indirect correspondent ac- counts. 9221b. Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons. 9221c. Prohibition on transactions with certain sanctioned persons by persons owned or controlled by United States financial insti- tutions. 9222. Ensuring the consistent enforcement of United Nations Security Council resolu- tions and financial restrictions on North Korea. 9223. Proliferation prevention sanctions. 9224. Procurement sanctions. 9225. Enhanced inspection authorities. 9226. Travel sanctions. 9227. Travel recommendations for United States citizens to North Korea. 9228. Exemptions, waivers, and removals of des- ignation. 9229. Report on and imposition of sanctions to ad- dress persons responsible for knowingly en- gaging in significant activities undermining cybersecurity. 9230. Codification of sanctions with respect to North Korean activities undermining cybersecurity. 9231. Sense of Congress on trilateral cooperation between the United States, South Korea, and Japan. SUBCHAPTER III—PROMOTION OF HUMAN RIGHTS 9241. Strategy to promote North Korean human rights. 9241a. Rebuttable presumption applicable to goods made with North Korean labor. 9241b. Sanctions on foreign persons employing North Korean labor. 9242. Report on North Korean prison camps. 9243. Report on and imposition of sanctions with respect to serious human rights abuses or censorship in North Korea. Sec. SUBCHAPTER IV—GENERAL AUTHORITIES 9251. Suspension of sanctions and other measures. 9252. Termination of sanctions and other measures. 9253. Repealed. 9254. Rulemaking. 9255. Authority to consolidate reports. SUBCHAPTER V—AUTHORITIES AND REQUIRE- MENTS RELATED TO EXPANDED SANCTIONS 9261. Definitions. PART I—CONGRESSIONAL REVIEW AND OVERSIGHT 9265. Notification of termination or suspension of sanctions. 9265a. Reports on certain licensing actions. PART II—GENERAL MATTERS 9269. Rulemaking. 9269a. Authority to consolidate reports. 9269b. Waivers, exemptions, and termination. 9269c. Procedures for review of classified and cer- tain other information. 9269d. Exception relating to importation of goods. § 9201. Findings; purposes (a) Findings Congress finds the following: (1) The Government of North Korea— (A) has repeatedly violated its commit- ments to the complete, verifiable, and irre- versible dismantlement of its nuclear weap- ons programs; and (B) has willfully violated multiple United Nations Security Council resolutions calling for North Korea to cease development, test- ing, and production of weapons of mass de- struction. (2) Based on its past actions, including the transfer of sensitive nuclear and missile tech- nology to state sponsors of terrorism, North Korea poses a grave risk for the proliferation of nuclear weapons and other weapons of mass destruction. (3) The Government of North Korea has been implicated repeatedly in money laundering and other illicit activities, including— (A) prohibited arms sales; (B) narcotics trafficking; (C) the counterfeiting of United States currency; (D) significant activities undermining cybersecurity; and (E) the counterfeiting of intellectual prop- erty of United States persons. (4) North Korea has— (A) unilaterally withdrawn from the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ‘‘Korean War Armistice Agreement’’); and (B) committed provocations against South Korea— (i) by sinking the warship Cheonan and killing 46 of her crew on March 26, 2010; (ii) by shelling Yeonpyeong Island and killing 4 South Korean civilians on No- vember 23, 2010; (iii) by its involvement in the ‘‘DarkSeoul’’ cyberattacks against the fi- nancial and communications interests of South Korea on March 20, 2013; and 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