§9223 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

You must get a validated license to export any goods or technology covered by 50 U.S.C. 4605(j) to North Korea. No defense exports may be approved for the North Korean government. The President must stop foreign aid under the Foreign Assistance Act of 1961 to any country that gives or receives defense articles or services to or from North Korea if the President decides a significant type or amount was traded. That penalty lasts 5 years for that country. The Secretary of State can waive these bans if they decide the waiver is in the U.S. national interest and send Congress a written report explaining the steps being taken to stop the trade and why the waiver is needed. The bans do not apply to help for human rights, democracy, rule of law, maternal and child health, disease prevention and response, or other humanitarian aid. The Secretary must also report to Congress not later than 180 days after August 2, 2017, and annually for 5 years about which countries are complying; the report must be unclassified but may have a classified annex.

Title 22, §9223

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)A validated license shall be required for the export to North Korea of any goods or technology otherwise covered under section 4605(j) 11 See References in Text note below. of title 50. No defense exports may be approved for the Government of North Korea.

(b)(1)The President shall withhold assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to the government of any country that provides to or receives from the Government of North Korea a defense article or defense service, as such terms are defined in section 2794 of this title, if the President determines that a significant type or amount of such article or service has been so provided or received.

(2)The prohibition under paragraph (1) with respect to a government shall terminate on the date that is 5 years after the date on which the prohibition under paragraph (1) is applied to that government.

(c)Notwithstanding any other provision of law, the Secretary of State may waive the prohibitions under this section with respect to a country if the Secretary—

(1)determines that such waiver is in the national interest of the United States; and

(2)submits a written report to the appropriate congressional committees that describes—

(A)the steps that the relevant agencies are taking to curtail the trade described in subsection (b)(1); and

(B)why such waiver is in the national interest of the United States.

(d)The prohibitions under this section shall not apply to the provision of assistance for human rights, democracy, rule of law, maternal and child health, disease prevention and response, or humanitarian purposes.

(e)(1)Not later than 180 days after August 2, 2017, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report that specifically describes the compliance of foreign countries and other foreign jurisdictions with the requirement to curtail the trade described in subsection (b)(1).

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4605(j) of title 50, referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. The Foreign Assistance Act of 1961, referred to in subsec. (b)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables.

Amendments

2019—Subsec. (b)(2). Pub. L. 116–92 substituted “5 years” for “2 years”. 2017—Subsec. (b). Pub. L. 115–44, § 313(1)(A), substituted “Transactions in defense articles or defense services” for “Transactions in lethal military equipment” in heading. Subsec. (b)(1). Pub. L. 115–44, § 313(1)(B), substituted “that provides to or receives from the Government of North Korea a defense article or defense service, as such terms are defined in section 2794 of this title, if the President determines that a significant type or amount of such article or service has been so provided or received” for “that provides lethal military equipment to the Government of North Korea”. Subsec. (b)(2). Pub. L. 115–44, § 313(1)(C), substituted “2 years” for “1 year”. Subsec. (d). Pub. L. 115–44, § 313(2), substituted “maternal and child health, disease prevention and response, or” for “or emergency”. Subsec. (e). Pub. L. 115–44, § 313(3), added subsec. (e).

§9223 Proliferation prevention sanctions