§ 9223. Proliferation prevention sanctions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   North Korea Sanctions and Policy Enhancement Act of 2016

   Pub. L. 114–122 title II § 203 · 130 Stat. 93

   Enacted · 22 U.S.C. § 9223

   Pub. L. 114–122, title II, § 203, Feb. 18, 2016, 130 Stat. 106

   Source evidence

   Code source credit
   Pub. L. 114–122, title II, § 203, Feb. 18, 2016, 130 Stat. 106

   Enacted provision · exact public law section
   SEC. 203. PROLIFERATION PREVENTION SANCTIONS. (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 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)). No defense exports may be approved for the Government of North Korea. (b) Transactions in Lethal Military Equipment.— (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 lethal military equipment to the Government of North Korea. (2) Applicability.— The prohibition under paragraph (1) with respect to a government shall terminate on the date that is 1 year 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, or emergency humanitarian purposes.

2. 2017

   Korean Interdiction and Modernization of Sanctions Act

   Pub. L. 115–44 § 313(1)(A) · 131 Stat. 886

   Substituted · 22 U.S.C. § 9223(b)

   Pub. L. 115–44, § 313(1)(A), substituted “Transactions in defense articles or defense services” for “Transactions in lethal military equipment” in heading

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) in the heading, by striking “Transactions in Lethal Military Equipment” and inserting “Transactions in Defense Articles or Defense Services”;

3. 2017

   Korean Interdiction and Modernization of Sanctions Act

   Pub. L. 115–44 § 313(1)(B) · 131 Stat. 886

   Substituted · 22 U.S.C. § 9223(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) President. Determination. in paragraph (1), by striking “that provides lethal military equipment to the Government of North Korea” and inserting “that provides to or receives from the Government of North Korea a defense article or defense service, as such terms are defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794), if the President determines that a significant type or amount of such article or service has been so provided or received”; and

4. 2017

   Korean Interdiction and Modernization of Sanctions Act

   Pub. L. 115–44 § 313(1)(C) · 131 Stat. 886

   Substituted · 22 U.S.C. § 9223(b)(2)

   Pub. L. 115–44, § 313(1)(C), substituted “2 years” for “1 year”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–44, § 313(1)(C), substituted “2 years” for “1 year”.

   Enacted provision · exact public law section
   (C) in paragraph (2), by striking “1 year” and inserting “2 years”;

5. 2017

   Korean Interdiction and Modernization of Sanctions Act

   Pub. L. 115–44 § 313(2) · 131 Stat. 886

   Substituted · 22 U.S.C. § 9223(d)

   Pub. L. 115–44, § 313(2), substituted “maternal and child health, disease prevention and response, or” for “or emergency”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–44, § 313(2), substituted “maternal and child health, disease prevention and response, or” for “or emergency”.

   Enacted provision · exact public law section
   (2) in subsection (d), by striking “or emergency” and inserting “maternal and child health, disease prevention and response, or”; and

6. 2017

   Korean Interdiction and Modernization of Sanctions Act

   Pub. L. 115–44 § 313(3) · 131 Stat. 886

   Added · 22 U.S.C. § 9223(e)

   Pub. L. 115–44, § 313(3), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 115–44, § 313(3), added subsec. (e).

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(e) Report on Arms Trafficking Involving North Korea.— “(1) In general.— Not later than 180 days after the date of the enactment of this subsection, 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.” .

7. 2019

   Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019

   Pub. L. 116–92 div. F title LXXI § 7123 · 133 Stat. 1198

   Substituted · 22 U.S.C. § 9223(b)(2)

   Pub. L. 116–92 substituted “5 years” for “2 years”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 116–92 substituted “5 years” for “2 years”.

   Enacted provision · exact public law section
   SEC. 7123. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION PREVENTION SANCTIONS.   Section 203(b)(2) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by striking “2 years” and inserting “5 years”.

7 of 7 references resolved to an enrolled provision