SUBCHAPTER V—AUTHORITIES AND REQUIREMENTS RELATED TO EXPANDED SANCTIONS

Editorial Notes

Codification

This subchapter was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

§9261. Definitions

In this subtitle,¹ the terms "applicable Executive order", "applicable United Nations Security Council resolution", "appropriate congressional committees", "Government of North Korea", "North Korea", "North Korean financial institution", and "North Korean person" have the meanings given those terms in section 9202 of this title.

(Pub. L. 116–92, div. F, title LXXI, §7112, Dec. 20, 2019, 133 Stat. 2244.)

Editorial Notes

References in Text

This subtitle, referred to in text, is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sections 262p–13 and 286yy of this title. For complete classification of this subtitle to the Code, see Tables.

Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

¹ See References in Text note below.

Part I—Congressional Review and Oversight

§9265. Notification of termination or suspension of sanctions

Before taking any action to terminate or suspend the application of sanctions under this subtitle ¹ or an amendment made by this subtitle, the President shall notify the appropriate congressional committees of the President's intent to take the action and the reasons for the action.

(Pub. L. 116–92, div. F, title LXXI, §7131, Dec. 20, 2019, 133 Stat. 2252.)

Editorial Notes

References in Text

This subtitle, referred to in text, is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sections 262p–13 and 286yy of this title. For complete classification of this subtitle to the Code, see Tables.

Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

Executive Documents

Delegation of Functions

Functions and authorities of President under this section delegated to Secretary of State, in consultation with the Secretary of the Treasury, by section 1(a)(v) 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.

¹ See References in Text note below.

§9265a. Reports on certain licensing actions

(a) Report required

(1) In general

Not later than 180 days after December 20, 2019, and every 180 days thereafter, the President shall submit to the committees specified in paragraph (2) a report on the operation of the system for issuing licenses for transactions under covered regulatory provisions during the preceding 180-day period that includes—

(A) the number and types of such licenses applied for during that period; and

(B) the number of such licenses issued during that period and information identifying the person receiving each such license.

(2) Committees specified

The committees specified in this paragraph are the following:

(A) The Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.

(B) The Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate.

(b) Submission of copies of licenses on request

The Secretary of the Treasury shall expeditiously provide a copy of any license identified in a report required by subsection (a)(1) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate if an appropriate Member of Congress requests a copy of that license not later than 30 days after submission of the report.

(c) Form

Each report required by subsection (a), and each copy of a license submitted under subsection (b), shall be submitted in unclassified form but may include a classified annex.

(d) Definitions

In this section:

(1) Appropriate Member of Congress

The term "appropriate Member of Congress" means—

(A) the chairman or ranking member of the Committee on Financial Services of the House of Representatives; or

(B) the chairman or ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate.

(2) Covered regulatory provision

The term "covered regulatory provision" means any of the following provisions, as in effect on the day before December 20, 2019, and as such provisions relate to North Korea:

(A) Part 743, 744, or 746 of title 15, Code of Federal Regulations.

(B) Part 510 of title 31, Code of Federal Regulations.

(C) Any other provision of title 31, Code of Federal Regulations.

(Pub. L. 116–92, div. F, title LXXI, §7132, Dec. 20, 2019, 133 Stat. 2252.)

Editorial Notes

Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

Executive Documents

Delegation of Functions

Functions and authorities of President under this section delegated to Secretary of the Treasury and Secretary of Commerce by section 1(c) 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.

Part II—General Matters

§9269. Rulemaking

The President shall prescribe such rules and regulations as may be necessary to carry out this subtitle ¹ and amendments made by this subtitle.

(Pub. L. 116–92, div. F, title LXXI, §7141, Dec. 20, 2019, 133 Stat. 2255.)

Editorial Notes

References in Text

This subtitle, referred to in text, is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sections 262p–13 and 286yy of this title. For complete classification of this subtitle to the Code, see Tables.

Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

Executive Documents

Delegation of Functions

Functions and authorities of President under this section delegated to Secretary of the Treasury by section 1(d) 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.

¹ See References in Text note below.

§9269a. Authority to consolidate reports

(a) In general

Any and all reports required to be submitted to the appropriate congressional committees under this subtitle ¹ or an amendment made by this subtitle that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted pursuant to that deadline.

(b) Contents

Any reports consolidated under subsection (a) shall contain all information required under this subtitle ¹ or an amendment made by this subtitle and any other elements that may be required by existing law.

(Pub. L. 116–92, div. F, title LXXI, §7142, Dec. 20, 2019, 133 Stat. 2255.)

Editorial Notes

References in Text

This subtitle, referred to in text, is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sections 262p–13 and 286yy of this title. For complete classification of this subtitle to the Code, see Tables.

Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

¹ See References in Text note below.

§9269b. Waivers, exemptions, and termination

(a) Omitted

(b) Suspension

(1) In general

Subject to section 9265 of this title, the President may suspend the application of any provision of or amendment made by this subtitle ¹ (other than section 9269d of this title or section 9221b(e) of this title, as added by section 7121 ¹ of this title) with respect to an entity, individual, or transaction, for renewable periods of not more than 180 days each if, before such a suspension or renewal of such a suspension takes effect, the President submits to the appropriate congressional committees—

(A) a certification that—

(i) the Government of North Korea has—

(I) committed to the verifiable suspension of North Korea's proliferation and testing of weapons of mass destruction, including systems designed in whole or in part for the delivery of such weapons; and

(II) has agreed to multilateral talks including the Government of the United States, with the goal of permanently and verifiably limiting North Korea's weapons of mass destruction and ballistic missile programs; or

(ii) the suspension is vital to the national security interests of the United States; and

(B) if the President submits a certification under subparagraph (A)(ii), an explanation of the reasons the suspension is vital to the national security interests of the United States.

(2) Omitted

(c) Termination

Subject to section 9265 of this title, any requirement to impose sanctions under this subtitle ¹ or the amendments made by this subtitle, and any sanctions imposed pursuant to this subtitle ¹ or any such amendment, shall terminate on the date on which the President makes the certification described in section 9252 of this title.

(Pub. L. 116–92, div. F, title LXXI, §7143, Dec. 20, 2019, 133 Stat. 2255.)

Editorial Notes

References in Text

This subtitle, referred to in subsecs. (b)(1) and (c), is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sections 262p–13 and 286yy of this title. For complete classification of this subtitle to the Code, see Tables.

Section 7121 of this title, referred to in subsec. (b)(1), is section 7121 of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted section 9221b of this title.

Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

Section is comprised of section 7143 of Pub. L. 116–92. Subsec. (a) of section 7143 of Pub. L. 116–92 amended section 9228 of this title. Subsec. (b)(2) of section 7143 of Pub. L. 116–92 amended section 9251 of this title.

¹ See References in Text note below.

§9269c. Procedures for review of classified and certain other information

(a) In general

If a finding under this subtitle ¹ or an amendment made by this subtitle, a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under this subtitle ¹ or an amendment made by this subtitle, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), law enforcement information, or any other information protected from disclosure by statute, and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera.

(b) Rule of construction

Nothing in this section shall be construed to confer or imply any right to judicial review of any finding under this subtitle ¹ or an amendment made by this subtitle, any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under this subtitle ¹ or an amendment made by this subtitle.

(Pub. L. 116–92, div. F, title LXXI, §7144, Dec. 20, 2019, 133 Stat. 2256.)

Editorial Notes

References in Text

This subtitle, referred to in text, is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sections 262p–13 and 286yy of this title. For complete classification of this subtitle to the Code, see Tables.

The Classified Information Procedures Act, referred to in subsec. (a), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

¹ See References in Text note below.

§9269d. Exception relating to importation of goods

(a) In general

The authorities and requirements to impose sanctions authorized under this subtitle ¹ or any amendment made by this subtitle shall not include the authority or requirement to impose sanctions on the importation of goods.

(b) Good defined

In this section, the term "good" means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

(Pub. L. 116–92, div. F, title LXXI, §7147, Dec. 20, 2019, 133 Stat. 2257.)

Editorial Notes

References in Text

This subtitle, referred to in subsec. (a), is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sections 262p–13 and 286yy of this title. For complete classification of this subtitle to the Code, see Tables.

Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

¹ See References in Text note below.