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

Summary

You must have an approved license before sending any goods or technology to North Korea that fall under 50 U.S.C. 4605(j). The U.S. will not approve defense exports for the North Korean government. The President must cut off U.S. foreign aid to any country that gives to or gets from North Korea a defense article or defense service, if the President finds a significant kind or amount was traded. That aid ban ends five years after it starts for that country. The Secretary of State can waive the ban if it is in the national interest, but must send a written report to the relevant congressional committees explaining what steps agencies are taking to stop the trade and why the waiver helps U.S. interests. 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. Within 180 days after August 2, 2017, and then once a year for five years, the Secretary of State must send Congress a report naming how well other countries are stopping the defense trade with North Korea. The report should be unclassified but may include a classified annex. (“Defense article” and “defense service” are terms defined in section 2794.)

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