22 U.S.C. § 9241b

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 9241b - Sanctions on foreign persons employing North Korean labor

(a) In general

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) Imposition of sanctions

(1) In general

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

(2) Sanctions described

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) Exception

(1) In general

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) Recertification

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.

22 U.S.C. § 9241b

Pub. L. 114-122, title III, §302B, as added Pub. L. 115-44, title III, §321(b)(1), Aug. 2, 2017, 131 Stat. 952.

EDITORIAL NOTES

REFERENCES IN TEXTThe 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.

Government of North Korea: The term "Government of North Korea" means the Government of North Korea and its agencies, instrumentalities, and controlled entities.
United States person: The term "United States person" means-(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
appropriate congressional committees: The term "appropriate congressional committees" means-(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and(B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.