§9228 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Some activities are not punished under certain sanctions in the law. That includes authorized U.S. intelligence work and things covered by the National Security Act reporting rules, transactions needed to meet U.S. treaty obligations (for example the U.N. Headquarters Agreement and the Vienna Consular Convention), and work tied to finding or identifying U.S. service members missing in North Korea (including work by the Defense POW/MIA Accounting Agency and similar groups). The President can temporarily lift those listed sanctions for renewable periods of between 30 days and 1 year if he sends a written finding to the right congressional committees. For humanitarian waivers the finding must describe the controls used to make sure the activity is really humanitarian and does not involve unrelated dealings with the North Korean government. Recognized humanitarian groups acting under such a waiver are protected from penalties for money transfers, moving relief goods or services, or merely having incidental contact with people who may be linked to sanctioned persons. The President can also grant case-by-case waivers for national security or important law‑enforcement reasons, and may issue rules to help non‑North Korean foreign banks provide needed financial services for exempted or waived activities.

Title 22, §9228

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The following activities shall be exempt from sanctions under section 9214, 9221a, 9221b, 9221c, 9226, 9229, 9241a, 9241b, and 9243 of this title:

(1)Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States.

(2)Any transaction necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements.

(3)Any activities incidental to the POW/MIA accounting mission in North Korea, including activities by the Defense POW/MIA Accounting Agency and other governmental or nongovernmental organizations tasked with identifying or recovering the remains of members of the United States Armed Forces in North Korea.

(b)(1)The President may waive, for renewable periods of between 30 days and 1 year, the application of the sanctions authorized under section 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title if the President submits to the appropriate congressional committees a written determination that the waiver is necessary for humanitarian assistance or to carry out the humanitarian purposes set forth section 7802 of this title.

(2)A written determination submitted under paragraph (1) with respect to a waiver shall include a description of all notification and accountability controls that have been employed in order to ensure that the activities covered by the waiver are humanitarian assistance or are carried out for the purposes set forth in section 7802 of this title and do not entail any activities in North Korea or dealings with the Government of North Korea not reasonably related to humanitarian assistance or such purposes.

(3)An internationally recognized humanitarian organization shall not be subject to sanctions under section 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title for—

(A)engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes pursuant to a waiver issued under paragraph (1);

(B)transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes pursuant to such a waiver; or

(C)having merely incidental contact, in the course of providing humanitarian assistance or aid for humanitarian purposes pursuant to such a waiver, with individuals who are under the control of a foreign person subject to sanctions under this chapter.

(c)The President may waive, on a case-by-case basis, for renewable periods of between 30 days and 1 year, the application of the sanctions authorized under section 9214, 9221a, 9221b, 9221c, 9221(c)(2), 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title if the President submits to the appropriate congressional committees a written determination that the waiver—

(1)is important to the national security interests of the United States; or

(2)will further the enforcement of this chapter or is for an important law enforcement purpose.

(d)The President may promulgate such regulations, rules, and policies as may be necessary to facilitate the provision of financial services by a foreign financial institution that is not a North Korean financial institution in support of activities conducted pursuant to an exemption or waiver under this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (a)(1), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsecs. (b)(3)(C) and (c)(2), 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.

Amendments

2019—Subsecs. (a), (b)(1), (3), (c). Pub. L. 116–92 inserted “9221b, 9221c,” after “9221a,”. 2017—Subsec. (a). Pub. L. 115–44, § 322(a), inserted “9221a,” after “section 9214,” and “9241a, 9241b,” after “9229,” in introductory provisions. Subsec. (b)(1), (3). Pub. L. 115–44, § 322(b), inserted “9221a,” after “section 9214,” and “9241a, 9241b,” after “9229(b),”. Subsec. (c). Pub. L. 115–44, § 322(c), inserted “9221a,” after “section 9214,” and “9241a, 9241b,” after “9229(b),” in introductory provisions.

Executive Documents

Delegation of Functions Functions and authorities of President under section 7143 of Pub. L. 116–92 with respect to this section delegated to Secretary of State, in consultation with the Secretary of the Treasury, by section 1(a)(vi) 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. Functions and authorities of President under subsecs. (b) and (c) of this section delegated to Secretary of State, to be executed in consultation with Secretary of the Treasury when appropriate, and functions and authorities of President under subsec. (d) of this section delegated to Secretary of the Treasury, by Memorandum of President of the United States, May 18, 2016, 81 F.R. 37479, set out as a note under section 9212 of this title.

§9228 Exemptions, Waivers, and Removals of Designation