Statutes, codes, and regulations
United States Code
Title 22 - FOREIGN RELATIONS AND INTERCOURSEChapter 99 - NORTH KOREA SANCTIONS AND POLICY ENHANCEMENT
Subchapter II - SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS ABUSES, AND ILLICIT ACTIVITIES
Section 9221a - Prohibition on indirect correspondent accounts

22 U.S.C. § 9221a

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 9221a - Prohibition on indirect correspondent accounts
(a) In general

Except as provided in subsection (b), if a United States financial institution has or obtains knowledge that a correspondent account established, maintained, administered, or managed by that institution for a foreign financial institution is being used by the foreign financial institution to provide significant financial services indirectly to any person, foreign government, or financial institution designated under section 9214 of this title, the United States financial institution shall ensure that such correspondent account is no longer used to provide such services.

(b) Exception

A United States financial institution is authorized to process transfers of funds to or from North Korea, or for the direct or indirect benefit of any person, foreign government, or financial institution that is designated under section 9214 of this title, only if the transfer-

(1) arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction that has been authorized by a specific or general license issued by the Secretary of the Treasury; and
(2) does not involve debiting or crediting a North Korean account.
(c) Definitions

In this section:

(1) Correspondent account

The term "correspondent account" has the meaning given that term in section 5318A of title 31.

(2) United States financial institution

The term "United States financial institution" means1 has the meaning given that term in section 510.310 of title 31, Code of Federal Regulations, as in effect on August 2, 2017.

(3) Foreign financial institution

The term "foreign financial institution" has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations, as in effect on August 2, 2017.

1So in original.

22 U.S.C. § 9221a

Pub. L. 114-122, title II, §201A, as added Pub. L. 115-44, title III, §312(a), Aug. 2, 2017, 131 Stat. 945.
North Korea
The term "North Korea" means the Democratic People's Republic of Korea.