Collapse to view only § 9201. Findings; purposes
§ 9201. Findings; purposes
(a) FindingsCongress finds the following:
(1) The Government of North Korea—
(A) has repeatedly violated its commitments to the complete, verifiable, and irreversible dismantlement of its nuclear weapons programs; and
(B) has willfully violated multiple United Nations Security Council resolutions calling for North Korea to cease development, testing, and production of weapons of mass destruction.
(2) Based on its past actions, including the transfer of sensitive nuclear and missile technology 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 property 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(A) unilaterally withdrawn from the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the “Korean War Armistice Agreement”);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 November 23, 2010;
(iii) by its involvement in the “DarkSeoul” cyberattacks against the financial and communications interests of South Korea on March 20, 2013; and
(iv) by planting land mines near a guard post in the South Korean portion of the demilitarized zone that maimed 2 South Korean 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 arbitrary execution.
(6) North Korea has prioritized weapons programs 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 financial 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 Nations Security Council resolutions referred to in paragraph (6)(A).
(8) The Government of North Korea has provided technical support and conducted destructive 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, including—
(A) attempts to assassinate defectors and human rights activists; and
(B) the shipment of weapons to terrorists and state sponsors of terrorism.
(b) PurposesThe purposes of this chapter are—
(1) to use nonmilitary means to address the crisis described in subsection (a);
(2) to provide diplomatic leverage to negotiate 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 section 7802 of this title.
(Pub. L. 114–122, § 2, Feb. 18, 2016, 130 Stat. 94.)
§ 9202. DefinitionsIn this chapter:
(1) Applicable Executive orderThe term “applicable Executive order” means—
(A) Executive Order 13382 (50 U.S.C. 1701 note; relating to blocking property of weapons of mass destruction proliferators and their supporters), Executive Order 13466 (50 U.S.C. 1701 note; relating to continuing certain restrictions with respect to North Korea and North Korean nationals), Executive Order 13551 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to North Korea), Executive Order 13570 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to North Korea), Executive Order 13619 (50 U.S.C. 1701 note; relating to blocking property of persons threatening the peace, security, or stability of Burma), Executive Order 13687 (50 U.S.C. 1701 note; relating to imposing 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 significant 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 respect 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 respect to North Korea.
(2) Applicable United Nations Security Council resolutionThe term “applicable United Nations Security Council resolution” means—
(A) United Nations Security Council Resolution 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 respect to North Korea.
(3) Appropriate congressional committeesThe term “appropriate congressional committees” 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
(5) Foreign personThe 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
(7) Humanitarian assistance
(8) Intelligence community
(9) Luxury goodsThe 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 Supplement 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
(11) North Korea
(12) North Korean financial institutionThe term “North Korean financial institution” 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 Government 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 personThe 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.
(14) Significant activities undermining cybersecurityThe term “significant activities undermining cybersecurity” includes—
(A) significant efforts to—
(i) deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or
(ii) exfiltrate information from such a system or network without authorization;
(B) significant destructive malware attacks;
(C) significant denial of service activities; and
(D) such other significant activities described in regulations promulgated to implement section 9214 of this title.
(15) South Korea
(16) United States personThe term “United States person” means—
(A) a United States citizen or an alien lawfully 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.)
§ 9203. Strategy on North Korea
(a) Report on strategy required
(b) Elements
The report required by subsection (a) shall include the following:
(1) A description and assessment of the primary threats to United States national security interests from North Korea.
(2) A description of known foreign nation, foreign entity, or individual violations of current United Nations sanctions against North Korea, together with parameters for determining whether and on what timeline it serves United States interests to target such violators with unilateral secondary sanctions.
(3) A description of the diplomatic, economic, and trade relationships between China and North Korea and between Russia and North Korea, including trends in such relationships and their impact on the Government of North Korea.
(4) An identification of the diplomatic, economic, 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 objectives and end state identified pursuant to paragraph (4), including timelines for each element of the roadmap.
(6) A description of the unilateral and multilateral options available to the United States regarding North Korea, together with an assessment of the degree to which such options would impose costs on North Korea.
(7) A description of the resources and authorities necessary to carry out the roadmap described in paragraph (5).
(8) A description of operational plans and associated military requirements for the protection of United States interests with respect to North Korea.
(9) An identification of any capability or resource gaps that would affect the implementation 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 cooperation among countries with shared security interests with respect to North Korea.
(11) Any other matters the President considers appropriate.
(c) Annual updates
(d) Form
(Pub. L. 115–91, div. A, title XII, § 1256, Dec. 12, 2017, 131 Stat. 1682.)