SUBCHAPTER III—PROMOTION OF HUMAN RIGHTS

§9241. Strategy to promote North Korean human rights

(a) In general

Not later than 120 days after October 25, 2018, and periodically thereafter, the Secretary of State, in coordination with other appropriate Federal departments and agencies, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that details a United States strategy to promote initiatives to enhance international awareness of and to address the human rights situation in North Korea.

(b) Information

The report required under subsection (a) should include—

(1) a list of countries that forcibly repatriate refugees from North Korea;

(2) a list of countries where North Korean laborers work, including countries the governments of which have formal arrangements with the Government of North Korea or any person acting for or on behalf of that Government to employ North Korean workers; and

(3) a list of foreign persons that knowingly employ North Korean laborers, as described in section 9214(g)(1)(C) of this title.

(c) Strategy

The report required under subsection (a) should include—

(1) a plan to enhance bilateral and multilateral outreach, including sustained engagement with the governments of partners and allies with overseas posts to routinely demarche or brief those governments on North Korea human rights issues, including forced labor, trafficking, and repatriation of citizens of North Korea;

(2) public affairs and public diplomacy campaigns, including options to work with news organizations and media outlets to publish opinion pieces and secure public speaking opportunities for United States Government officials on issues related to the human rights situation in North Korea, including forced labor, trafficking, and repatriation of citizens of North Korea; and

(3) opportunities to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to raise awareness and provide assistance to North Korean defectors throughout the world.

(Pub. L. 114–122, title III, §302, Feb. 18, 2016, 130 Stat. 112; Pub. L. 115–44, title III, §321(a)(1), Aug. 2, 2017, 131 Stat. 951; Pub. L. 115–272, title III, §303(c)(2), Oct. 25, 2018, 132 Stat. 4157; Pub. L. 116–92, div. F, title LXXI, §7122(b)(4), Dec. 20, 2019, 133 Stat. 2248.)

Editorial Notes

Amendments

2019—Subsec. (b)(3). Pub. L. 116–92 substituted "section 9214(g)(1)(C)" for "section 9214(b)(1)(M)".

2018—Subsec. (a). Pub. L. 115–272 substituted "Not later than 120 days after October 25, 2018, and periodically thereafter" for "Not later than 180 days after February 18, 2016".

2017—Subsec. (b)(3). Pub. L. 115–44 added par. (3).

Statutory Notes and Related Subsidiaries

Additional Determinations; Reports

Pub. L. 115–44, title III, §321(a)(2), Aug. 2, 2017, 131 Stat. 951, provided that: "With respect to any country identified in section 302(b)(2) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)(2)), as amended by paragraph (1), the report required under section 302(a) of such Act shall—

"(A) include a determination whether each person identified in section 302(b)(3) of such Act (as amended by paragraph (1)) who is a national or a citizen of such identified country meets the criteria for sanctions under—

"(i) section 111 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108) (relating to the prevention of trafficking in persons); or

"(ii) section 104(a) or 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214(a)[, (b)(1)]), as amended by section 101 of this Act;

"(B) be included in the report required under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) (relating to the annual report on trafficking in persons); and

"(C) be considered in any determination that the government of such country has made serious and sustained efforts to eliminate severe forms of trafficking in persons, as such term is defined for purposes of the Trafficking Victims Protection Act of 2000 [22 U.S.C. 7101 et seq.]."

§9241a. Rebuttable presumption applicable to goods made with North Korean labor

(a) In general

Except as provided in subsection (b), any significant goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part by the labor of North Korean nationals or citizens shall be deemed to be prohibited under section 1307 of title 19 and shall not be entitled to entry at any of the ports of the United States.

(b) Exception

The prohibition described in subsection (a) shall not apply if the Commissioner of U.S. Customs and Border Protection finds, by clear and convincing evidence, that the goods, wares, articles, or merchandise described in such paragraph were not produced with convict labor, forced labor, or indentured labor under penal sanctions.

(Pub. L. 114–122, title III, §302A, as added Pub. L. 115–44, title III, §321(b)(1), Aug. 2, 2017, 131 Stat. 952.)

§9241b. Sanctions on foreign persons employing North Korean labor

(a) In general

Except as provided in subsection (c), the President shall designate any person identified under section 9241(b)(3) of this title for the imposition of sanctions under subsection (b).

(b) Imposition of sanctions

(1) In general

The President shall impose the sanctions described in paragraph (2) with respect to any person designated under subsection (a).

(2) Sanctions described

The sanctions described in this paragraph are sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit all transactions in property and interests in property of a person designated under subsection (a), 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.

(c) Exception

(1) In general

A person may not be designated under subsection (a) if the President certifies to the appropriate congressional committees that the President has received reliable assurances from such person that—

(A) the employment of North Korean laborers does not result in the direct or indirect transfer of convertible currency, luxury goods, or other stores of value to the Government of North Korea;

(B) all wages and benefits are provided directly to the laborers, and are held, as applicable, in accounts within the jurisdiction in which they reside in locally denominated currency; and

(C) the laborers are subject to working conditions consistent with international standards.

(2) Recertification

Not later than 180 days after the date on which the President transmits to the appropriate congressional committees an initial certification under paragraph (1), and every 180 days thereafter, the President shall—

(A) transmit a recertification stating that the conditions described in such paragraph continue to be met; or

(B) if such recertification cannot be transmitted, impose the sanctions described in subsection (b) beginning on the date on which the President determines that such recertification cannot be transmitted.

(Pub. L. 114–122, title III, §302B, as added Pub. L. 115–44, title III, §321(b)(1), Aug. 2, 2017, 131 Stat. 952.)

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (b)(2), 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.

§9242. Report on North Korean prison camps

(a) In general

The Secretary of State shall submit to the appropriate congressional committees a report that describes, with respect to each political prison camp in North Korea, to the extent information is available—

(1) the camp's estimated prisoner population;

(2) the camp's geographical coordinates;

(3) the reasons for the confinement of the prisoners;

(4) the camp's primary industries and products, and the end users of any goods produced in the camp;

(5) the individuals and agencies responsible for conditions in the camp;

(6) the conditions under which prisoners are confined, with respect to the adequacy of food, shelter, medical care, working conditions, and reports of ill-treatment of prisoners; and

(7) imagery, to include satellite imagery of the camp, in a format that, if published, would not compromise the sources and methods used by the United States intelligence community to capture geospatial imagery.

(b) Form

The report required under subsection (a) may be included in the first human rights report required to be submitted to Congress after February 18, 2016, under sections 2151n(d) and 2304(b) of this title.

(Pub. L. 114–122, title III, §303, Feb. 18, 2016, 130 Stat. 113.)

§9243. Report on and imposition of sanctions with respect to serious human rights abuses or censorship in North Korea

(a) Report required

(1) In general

The Secretary of State shall submit to the appropriate congressional committees a report that—

(A) identifies each person the Secretary determines to be responsible for serious human rights abuses or censorship in North Korea and describes the conduct of that person; and

(B) describes serious human rights abuses or censorship undertaken by the Government of North Korea or any person acting for or on behalf of that Government in the most recent year ending before the submission of the report.

(2) Consideration

In preparing the report required under paragraph (1), the Secretary of State shall—

(A) give due consideration to the findings of the United Nations Commission of Inquiry on Human Rights in North Korea; and

(B) make specific findings with respect to the responsibility of Kim Jong Un, and of each individual who is a member of the National Defense Commission of North Korea or the Organization and Guidance Department of the Workers' Party of Korea, for serious human rights abuses and censorship.

(3) Submission and form

(A) Submission

The report required under paragraph (1) shall be submitted not later than 120 days after February 18, 2016, and every 180 days thereafter for a period not to exceed 3 years, and shall be included in each human rights report required under sections 2151n(d) and 2304(b) of this title.

(B) Form

The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(C) Public availability

The Secretary of State shall publish the unclassified part of the report required under paragraph (1) on the website of the Department of State.

(b) Designation of persons

The President shall designate under section 9214(a) of this title any person listed in the report required under subsection (a)(1) that—

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

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

(c) Sense of Congress

It is the sense of Congress that the President should—

(1) seek the prompt adoption by the United Nations Security Council of a resolution calling for the blocking of the assets of all persons responsible for severe human rights abuses or censorship in North Korea; and

(2) fully cooperate with the prosecution of any individual listed in the report required under subsection (a)(1) before any international tribunal that may be established to prosecute persons responsible for severe human rights abuses or censorship in North Korea.

(Pub. L. 114–122, title III, §304, Feb. 18, 2016, 130 Stat. 113.)

Executive Documents

Delegation of Functions

Functions and authorities of President under subsec. (b) of this section delegated to Secretary of the Treasury, in consultation with Secretary of State, 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.