22 U.S.C. § 9214

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 9214 - Designation of persons

(a) Mandatory designations

Except as provided in section 9228 of this title, the President shall designate under this subsection any person that the President determines-

(1) knowingly, directly or indirectly, imports, exports, or reexports to, into, or from North Korea any goods, services, or technology controlled for export by the United States because of the use of such goods, services, or technology for weapons of mass destruction or delivery systems for such weapons and materially contributes to the use, development, production, possession, or acquisition by any person of a nuclear, radiological, chemical, or biological weapon or any device or system designed in whole or in part to deliver such a weapon;

(2) knowingly, directly or indirectly, provides training, advice, or other services or assistance, or engages in significant financial transactions, relating to the manufacture, maintenance, or use of any such weapon, device, or system to be imported, exported, or reexported to, into, or from North Korea;

(3) knowingly, directly or indirectly, imports, exports, or reexports luxury goods to or into North Korea;

(4) knowingly engages in, is responsible for, or facilitates censorship by the Government of North Korea;

(5) knowingly engages in, is responsible for, or facilitates serious human rights abuses by the Government of North Korea;

(6) knowingly, directly or indirectly, engages in money laundering, the counterfeiting of goods or currency, bulk cash smuggling, or narcotics trafficking that supports the Government of North Korea or any senior official or person acting for or on behalf of that Government;

(7) knowingly engages in significant activities undermining cybersecurity through the use of computer networks or systems against foreign persons, governments, or other entities on behalf of the Government of North Korea;

(8) knowingly, directly or indirectly, sells, supplies, or transfers to or from the Government of North Korea or any person acting for or on behalf of that Government, a significant amount of precious metal, graphite, raw or semi-finished metals or aluminum, steel, coal, or software, for use by or in industrial processes directly related to weapons of mass destruction and delivery systems for such weapons, other proliferation activities, the Korean Workers' Party, armed forces, internal security, or intelligence activities, or the operation and maintenance of political prison camps or forced labor camps, including outside of North Korea;

(9) knowingly, directly or indirectly, imports, exports, or reexports to, into, or from North Korea any arms or related materiel or any defense article or defense service (as such terms are defined in section 2794 of this title);

(10) knowingly, directly or indirectly, purchases or otherwise acquires from North Korea any significant amounts of gold, titanium ore, vanadium ore, copper, silver, nickel, zinc, or rare earth minerals;

(11) knowingly, directly or indirectly, sells or transfers to North Korea any significant amounts of rocket, aviation, or jet fuel (except for use by a civilian passenger aircraft outside North Korea, exclusively for consumption during its flight to North Korea or its return flight);

(12) knowingly, directly or indirectly, provides significant amounts of fuel or supplies, provides bunkering services, or facilitates a significant transaction or transactions to operate or maintain, a vessel or aircraft that is designated under an applicable Executive order or an applicable United Nations Security Council resolution, or that is owned or controlled by a person designated under an applicable Executive order or applicable United Nations Security Council resolution;

(13) knowingly, directly or indirectly, insures, registers, facilitates the registration of, or maintains insurance or a registration for, a vessel owned or controlled by the Government of North Korea, except as specifically approved by the United Nations Security Council;

(14) knowingly, directly or indirectly, maintains a correspondent account (as defined in section 9221a(d)(1) of this title) with any North Korean financial institution, except as specifically approved by the United Nations Security Council; or

(15) knowingly attempts to engage in any of the conduct described in paragraphs (1) through (14).

(b) Additional discretionary designations

(1) Prohibited conduct described

Except as provided in section 9228 of this title, the President may designate under this subsection any person that the President determines-

(A) knowingly engages in, contributes to, assists, sponsors, or provides financial, material or technological support for, or goods and services in support of, any person designated pursuant to-

(i) an applicable United Nations Security Council resolution;

(ii) any regulation promulgated under section 9254 of this title; or

(iii) any applicable Executive order;

(B) knowingly contributed to-

(i) the bribery of an official of the Government of North Korea or any person acting for on behalf of that official;

(ii) the misappropriation, theft, or embezzlement of public funds by, or for the benefit of, an official of the Government of North Korea or any person acting for or on behalf of that official; or

(iii) the use of any proceeds of any activity described in clause (i) or (ii);

(C) knowingly and materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services to or in support of, the activities described in subparagraph (A) or (B);

(D) knowingly, directly or indirectly, purchased or otherwise acquired from the Government of North Korea significant quantities of coal, iron, or iron ore, in excess of the limitations provided in applicable United Nations Security Council resolutions;

(E) knowingly, directly or indirectly, purchased or otherwise acquired significant types or amounts of textiles from the Government of North Korea;

(F) knowingly facilitated a significant transfer of funds or property of the Government of North Korea that materially contributes to any violation of an applicable United National ¹ Security Council resolution;

(G) knowingly, directly or indirectly, facilitated a significant transfer to or from the Government of North Korea of bulk cash, precious metals, gemstones, or other stores of value not described under subsection (a)(10);

(H) knowingly, directly or indirectly, sold, transferred, or otherwise provided significant amounts of crude oil, condensates, refined petroleum, other types of petroleum or petroleum byproducts, liquified natural gas, or other natural gas resources to the Government of North Korea (except for heavy fuel oil, gasoline, or diesel fuel for humanitarian use or as excepted under subsection (a)(11));

(I) knowingly, directly or indirectly, engaged in, facilitated, or was responsible for the online commercial activities of the Government of North Korea, including online gambling;

(J) knowingly, directly or indirectly, purchased or otherwise acquired fishing rights from the Government of North Korea;

(K) knowingly, directly or indirectly, purchased or otherwise acquired significant types or amounts of food or agricultural products from the Government of North Korea;

(L) knowingly, directly or indirectly, engaged in, facilitated, or was responsible for the exportation of workers from North Korea in a manner intended to generate significant revenue, directly or indirectly, for use by the Government of North Korea or by the Workers' Party of Korea;

(M) knowingly conducted a significant transaction or transactions in North Korea's transportation, mining, energy, or financial services industries; or

(N) except as specifically approved by the United Nations Security Council, and other than through a correspondent account as described in subsection (a)(14), knowingly facilitated the operation of any branch, subsidiary, or office of a North Korean financial institution.

(2) Effect of designation

With respect to any person designated under this subsection, the President may-

(A) apply the sanctions described in section 9224, 9225(c),² or 9226 of this title to the person to the same extent and in the same manner as if the person were designated under subsection (a);

(B) apply any applicable special measures described in section 5318A of title 31;

(C) prohibit any transactions in foreign exchange-

(i) that are subject to the jurisdiction of the United States; and

(ii) in which such person has any interest; and

(D) prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments-

(i) are subject to the jurisdiction of the United States; and

(ii) involve any interest of such person.

(c) Asset blocking

(1) Mandatory asset blocking

The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a person designated under subsection (a) or (g), the Government of North Korea, or the Workers' Party of Korea, if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) Discretionary asset blocking

The President may also exercise such powers, in the same manner and to the same extent described in paragraph (1), with respect to a person designated under subsection (b).

(d) Application to subsidiaries and agents

The designation of a person under subsection (a), (b), or (g) and the blocking of property and interests in property under subsection (c) shall apply with respect to a person who is determined to be owned or controlled by, or to have acted or purported to have acted for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section.

(e) Transaction licensing

The President shall deny or revoke any license for any transaction that the President determines to lack sufficient financial controls to ensure that such transaction will not facilitate any activity described in subsection (a), (b), or (g).

(f) Penalties

The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act ( 50 U.S.C. 1705(a) ).

(g) Additional mandatory designations

(1) In general

Except as provided in section 9228 of this title, the President shall designate under this subsection any person that the President determines-

(A) knowingly, directly or indirectly, engages in the importation from or exportation to North Korea of significant quantities of-

(i)

(I) coal, textiles, seafood, iron, or iron ore; or

(II) refined petroleum products or crude oil above limits set by the United Nations Security Council and with which the United States concurs; or

(ii) services or technology related to goods specified in clause (i);

(B) knowingly facilitates a significant transfer of funds or property of the Government of North Korea that materially contributes to any violation of an applicable United Nations Security Council resolution;

(C) knowingly, directly or indirectly, engages in, facilitates, or is responsible for the exportation of workers from North Korea, or the employment of such workers, in a manner that generates significant revenue, directly or indirectly, for use by the Government of North Korea or by the Workers' Party of Korea;

(D) knowingly, directly or indirectly, sells or transfers a significant number of vessels to North Korea, except as specifically approved by the United Nations Security Council;

(E) knowingly engages in a significant activity to charter, insure, register, facilitate the registration of, or maintain insurance or a registration for, a vessel owned, controlled, commanded, or crewed by a North Korean person; or

(F) knowingly contributes to and participates in-

(i) a significant act of bribery of an official of the Government of North Korea or any person acting for or on behalf of that official;

(ii) the misappropriation, theft, or embezzlement of a significant amount of public funds by, or for the benefit of, an official of the Government of North Korea or any person acting for or on behalf of that official; or

(iii) the use of any proceeds of any activity described in subparagraph (A) or (B).

¹ So in original. Probably should be "Nations".

² See References in Text note below.

22 U.S.C. § 9214

Pub. L. 114-122, title I, §104, Feb. 18, 2016, 130 Stat. 99; Pub. L. 115-44, title III, §311(a), (b) (1), (c), Aug. 2, 2017, 131 Stat. 942, 944; Pub. L. 116-92, div. F, title LXXI, §7122(a), Dec. 20, 2019, 133 Stat. 2247.

EDITORIAL NOTES

REFERENCES IN TEXTSection 9225, referred to in subsec. (b)(2)(B), was repealed and a new section 9225 enacted by Pub. L. 115-44, title III, §314, Aug. 2, 2017, 131 Stat. 946. The sanctions formerly described in section 9225(c) of this title are now contained in section 9225(d) of this title.The International Emergency Economic Powers Act, referred to in subsec. (c)(1), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

AMENDMENTS2019-Subsec. (c)(1). Pub. L. 116-92, §7122(a)(2), inserted "or (g)" after "subsection (a)".Subsec. (d). Pub. L. 116-92, §7122(a)(3), substituted "(a), (b), or (g)" for "(a) or (b)".Subsec. (e). Pub. L. 116-92, §7122(a)(4), substituted "(a), (b), or (g)" for "(a) or (b)".Subsec. (g). Pub. L. 116-92, §7122(a)(1), added subsec. (g). 2017-Subsec. (a)(9). Pub. L. 115-44, §311(a)(1), substituted "or any defense article or defense service (as such terms are defined in section 2794 of this title);" for "; or"Subsec. (a)(10) to (15). Pub. L. 115-44, §311(a)(2)-(4), added pars. (10) to (14), redesignated former par. (10) as (15), and in par. (15), substituted "(14)" for "(9)".Subsec. (b)(1)(A). Pub. L. 115-44, §311(b)(1)(A), substituted "pursuant to-" and items (i) to (iii) for "pursuant to an applicable United Nations Security Council resolution;". Subsec. (b)(1)(D) to (N). Pub. L. 115-44, §311(b)(1)(B)-(D), added subpars. (D) to (N). Subsec. (c). Pub. L. 115-44, §311(c), designated existing text as par. (1), inserted heading, substituted "of a person designated under subsection (a)" for "of a designated person", and added par. (2).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115-44, title III, §311(b)(2), Aug. 2, 2017, 131 Stat. 943, provided that: "The amendments made by paragraph (1) [amending this section] take effect on the date of the enactment of this Act [Aug. 2, 2017] and apply with respect to conduct described in subparagraphs (D) through (N) of section 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 [ 22 U.S.C. 9214(b)(1) ], as added by paragraph (1), engaged in on or after such date of enactment."

EXECUTIVE DOCUMENTS

DELEGATION OF FUNCTIONS Functions and authorities of President under section 7122 of Pub. L. 116-92 with respect to subsec. (g) of this section delegated to Secretary of the Treasury, in consultation with the Secretary of State, by section 1(b)(iv) of Memorandum 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. (a), (b), and (d) of this section delegated to Secretary of the Treasury, in consultation with Secretary of State, and functions and authorities under subsecs. (c) and (e) of this section delegated to Secretary of the Treasury, 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.

Government of North Korea: The term "Government of North Korea" means the Government of North Korea and its agencies, instrumentalities, and controlled entities.
North Korea: The term "North Korea" means the Democratic People's Republic of Korea.
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.
United States person: The 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.
applicable Executive order: The 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.
applicable United Nations Security Council resolution: The 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.
designated person: The term "designated person" means a person designated under subsection (a), (b), or (g) of section 9214 of this title for purposes of applying 1 or more of the sanctions described in subchapter I or II with respect to the person.
significant activities undermining cybersecurity: The 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.