§ 9202 Definitions · 119-83

§ 9202.

Definitions

In this chapter:

(1)

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.

(2)

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.

(3)

Appropriate congressional committees

The term “appropriate congressional committees” means—

(A)

the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B)

the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.

(4)

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.

(5)

Foreign person

The term “foreign person” means—

(A)

an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B)

an entity that is not a United States person.

(6)

Government of North Korea

The term “Government of North Korea” means the Government of North Korea and its agencies, instrumentalities, and controlled entities.

(7)

Humanitarian assistance

The term “humanitarian assistance” means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter.

(8)

Intelligence community

The term “intelligence community” has the meaning given such term in section 3003(4) of title 50.

(9)

Luxury goods

The term “luxury goods”—

(A)

has the meaning given such term in section 746.4(b)(1) of title 15, Code of Federal Regulations;

(B)

includes the items listed in Supplement No. 1 to part 746 of such title, and any similar items; and

(C)

also includes any items so designated under an applicable United Nations Security Council resolution.

(10)

Monetary instruments

The term “monetary instruments” has the meaning given such term in section 5312(a) of title 31.

(11)

North Korea

The term “North Korea” means the Democratic People’s Republic of Korea.

(12)

North Korean financial institution

The term “North Korean financial institution” means any financial institution that—

(A)

is organized under the laws of North Korea or any jurisdiction within North Korea (including a foreign branch of such an institution);

(B)

is located in North Korea, except for a financial institution that is excluded by the President in accordance with section 9228(c) of this title;

(C)

is owned or controlled by the Government of North Korea, regardless of location; or

(D)

is owned or controlled by a financial institution described in subparagraph (A), (B), or (C), regardless of location.

(13)

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.

(14)

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.

(15)

South Korea

The term “South Korea” means the Republic of Korea.

(16)

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.

Source

(Pub. L. 114–122, § 3,

Feb. 18, 2016

, 130 Stat. 95; Pub. L. 115–44, title III, § 302(a),

Aug. 2, 2017

, 131 Stat. 940; Pub. L. 116–92, div. F, title LXXI, § 7122(b)(1),

Dec. 20, 2019

, 133 Stat. 2248.)

Notes

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–122,

Feb. 18, 2016

, 130 Stat. 93, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of this title and Tables.

Subchapter I or II, referred to in par. (4), was in the original “title I or II”, meaning titles I and II of Pub. L. 114–122. Title I is classified principally to subchapter I of this chapter. Title II is classified generally to subchapter II of this chapter. For complete classification of titles I and II of Pub. L. 114–122 to the Code, see Tables.

Amendments

2019—Par. (4). Pub. L. 116–92 substituted “(a), (b), or (g)” for “(a) or (b)”.

2017—Par. (1)(A). Pub. L. 115–44, § 302(a)(1), substituted “Executive Order No. 13694” for “or Executive Order 13694” and inserted “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),” before “to the extent”.

Par. (2)(A). Pub. L. 115–44, § 302(a)(2), substituted “2094 (2013), 2270 (2016), or 2321 (2016)” for “or 2094 (2013)”.

Pars. (5) to (9). Pub. L. 115–44, § 302(a)(3)(A), added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively.

Par. (9)(C). Pub. L. 115–44, § 302(a)(4), added subpar. (C).

Pars. (10) to (12). Pub. L. 115–44, § 302(a)(3)(A), redesignated pars. (9) to (11) as (10) to (12), respectively.

Par. (13). Pub. L. 115–44, § 302(a)(5)(B), added par. (13). Former par. (13) redesignated (14).

Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (12) as (13). Former par. (13) redesignated (14).

Par. (14). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (13) as (14). Former par. (14) redesignated (15).

Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (13) as (14). Former par. (14) redesignated (15).

Par. (15). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (14) as (15). Former par. (15) redesignated (16).

Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (14) as (15).

Par. (16). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (15) as (16).

Statutory Notes and Related Subsidiaries

Regulatory Authority

Pub. L. 115–44, title III, § 333,

Aug. 2, 2017

, 131 Stat. 955, provided that:

“(a)

In General.—

The President shall, not later than 180 days after the date of the enactment of this Act [

Aug. 2, 2017

], promulgate regulations as necessary for the implementation of this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] and the amendments made by this title.

“(b)

Notification to Congress.—

Not fewer than 10 days before the promulgation of a regulation under subsection (a), the President shall notify and provide to the appropriate congressional committees [see Definitions note below] the proposed regulation, specifying the provisions of this title or the amendments made by this title that the regulation is implementing.”

Rule of Construction

Pub. L. 115–44, title III, § 332,

Aug. 2, 2017

, 131 Stat. 954, provided that:

“Nothing in this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] shall be construed to limit—

“(1)

the authority or obligation of the President to apply the sanctions described in section 104 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214), as amended by section 311 of this Act, with regard to persons who meet the criteria for designation under such section, or in any other provision of law; or

“(2)

the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).”

Authority To Consolidate Reports

Pub. L. 115–44, title III, § 331,

Aug. 2, 2017

, 131 Stat. 954, provided that:

“Any reports required to be submitted to the appropriate congressional committees [see Definitions note below] under this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] or any amendment made by this title that are subject to deadlines for submission consisting of similar units of time may be consolidated into a single report that is submitted to appropriate congressional committees pursuant to the earlier of such deadlines. The consolidated reports must contain all information required under this title or any amendment made by this title, in addition to all other elements mandated by previous law.”

Definitions

Pub. L. 115–44, title III, § 302(b),

Aug. 2, 2017

, 131 Stat. 941, provided that:

“In this title [see Short Title of 2017 Amendment note set out under section 9201 of this title]:

“(1)

Applicable united nations security council resolution; luxury goods.—

The terms ‘applicable United Nations Security Council resolution’ and ‘luxury goods’ have the meanings given those terms, respectively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202), as amended by subsection (a).

“(2)

Appropriate congressional committees; government of north korea; united states person.—

The terms ‘appropriate congressional committees’, ‘Government of North Korea’, and ‘United States person’ have the meanings given those terms, respectively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).

“(3)

Foreign person; north korean person.—

The terms ‘foreign person’ and ‘North Korean person’ have the meanings given those terms, respectively, in paragraph (5) and paragraph (13) of section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202(5) and 9202(13)), as added by subsection (a).

“(4)

Prohibited weapons program.—

The term ‘prohibited weapons program’ means—

“(A)

any program related to the development of nuclear, chemical, or biological weapons, and their means of delivery, including ballistic missiles; and

“(B)

any program to develop related materials with respect to a program described in subparagraph (A).”

§ 9202. Definitions

Definitions

Applicable Executive order

Applicable United Nations Security Council resolution

Appropriate congressional committees

Designated person

Foreign person

Government of North Korea

Humanitarian assistance

Intelligence community

Luxury goods

Monetary instruments

North Korea

North Korean financial institution

North Korean person

Significant activities undermining cybersecurity

South Korea

United States person

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Regulatory Authority

In General.—

Notification to Congress.—

Rule of Construction

Authority To Consolidate Reports

Definitions

Applicable united nations security council resolution; luxury goods.—

Appropriate congressional committees; government of north korea; united states person.—

Foreign person; north korean person.—

Prohibited weapons program.—