Except as provided in section 9228 of this title, the President shall designate under this subsection any person that the President determines-
Except as provided in section 9228 of this title, the President may designate under this subsection any person that the President determines-
With respect to any person designated under this subsection, the President may-
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.
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).
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.
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).
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)).
Except as provided in section 9228 of this title, the President shall designate under this subsection any person that the President determines-
1So in original. Probably should be "Nations".
2See References in Text note below.
22 U.S.C. § 9214
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.