22 U.S.C. § 9223: Proliferation prevention…

Summary

Exports of certain goods or technology to North Korea must have a validated license, and no defense exports may be approved for the North Korean government. The President must stop U.S. foreign aid to any country that gives to or gets from North Korea a significant type or amount of "defense articles" or "defense services" (terms defined elsewhere); that aid ban lasts for 5 years after it begins for that country. The Secretary of State may waive these bans if it is in the U.S. national interest and sends a written report to Congress explaining what is being done to stop the trade and why a waiver is needed. The bans do not apply to aid for human rights, democracy, rule of law, maternal and child health, disease response, or other humanitarian help. The Secretary must also report to Congress about other countries’ compliance within 180 days after August 2, 2017, and yearly for 5 years; the report is unclassified but can include a classified annex. The law uses these terms (defined elsewhere): "defense article" — military items; "defense service" — military help or training.

Title 22, §9223

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Export of certain goods or technology

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

(b)Transactions in defense articles or defense services

(1)In general

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)Applicability

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)Waiver

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)Exception

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)Report on arms trafficking involving North Korea

(1)In general

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)Form

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