§9241b — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must designate any person named under section 9241(b)(3) for sanctions, unless an exception applies. Those sanctions, under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), freeze and bar all transactions in that person’s property and property interests when the assets are in the United States, enter the United States, or are owned or controlled by a U.S. person. A person can avoid designation if the President tells the appropriate congressional committees he got reliable assurances that: the use of North Korean workers does not send convertible currency, luxury goods, or other stores of value to the Government of North Korea; all wages and benefits go directly to the workers and, when applicable, are held in accounts where the workers live in the local currency; and the workers have working conditions that meet international standards. The President must send a recertification to those committees within 180 days after the first certification and every 180 days after that. If the President cannot send a recertification, the sanctions must start on the day he determines the recertification cannot be sent.

Title 22, §9241b

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Except as provided in subsection (c), the President shall designate any person identified under section 9241(b)(3) of this title for the imposition of sanctions under subsection (b).

(b)(1)The President shall impose the sanctions described in paragraph (2) with respect to any person designated under subsection (a).

(2)The sanctions described in this paragraph are sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit all transactions in property and interests in property of a person designated under subsection (a), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(c)(1)A person may not be designated under subsection (a) if the President certifies to the appropriate congressional committees that the President has received reliable assurances from such person that—

(A)the employment of North Korean laborers does not result in the direct or indirect transfer of convertible currency, luxury goods, or other stores of value to the Government of North Korea;

(B)all wages and benefits are provided directly to the laborers, and are held, as applicable, in accounts within the jurisdiction in which they reside in locally denominated currency; and

(C)the laborers are subject to working conditions consistent with international standards.

(2)Not later than 180 days after the date on which the President transmits to the appropriate congressional committees an initial certification under paragraph (1), and every 180 days thereafter, the President shall—

(A)transmit a recertification stating that the conditions described in such paragraph continue to be met; or

(B)if such recertification cannot be transmitted, impose the sanctions described in subsection (b) beginning on the date on which the President determines that such recertification cannot be transmitted.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (b)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of Title 50 and Tables.

§9241b Sanctions on Foreign Persons Employing North Korean Labor