Collapse to view only § 9241b. Sanctions on foreign persons employing North Korean labor
- § 9241. Strategy to promote North Korean human rights
- § 9241a. Rebuttable presumption applicable to goods made with North Korean labor
- § 9241b. Sanctions on foreign persons employing North Korean labor
- § 9242. Report on North Korean prison camps
- § 9243. Report on and imposition of sanctions with respect to serious human rights abuses or censorship in North Korea
§ 9241. Strategy to promote North Korean human rights
(a) In general
(b) Information
The report required under subsection (a) should include—
(1) a list of countries that forcibly repatriate refugees from North Korea;
(2) a list of countries where North Korean laborers work, including countries the governments of which have formal arrangements with the Government of North Korea or any person acting for or on behalf of that Government to employ North Korean workers; and
(3) a list of foreign persons that knowingly employ North Korean laborers, as described in section 9214(g)(1)(C) of this title.
(c) Strategy
The report required under subsection (a) should include—
(1) a plan to enhance bilateral and multilateral outreach, including sustained engagement with the governments of partners and allies with overseas posts to routinely demarche or brief those governments on North Korea human rights issues, including forced labor, trafficking, and repatriation of citizens of North Korea;
(2) public affairs and public diplomacy campaigns, including options to work with news organizations and media outlets to publish opinion pieces and secure public speaking opportunities for United States Government officials on issues related to the human rights situation in North Korea, including forced labor, trafficking, and repatriation of citizens of North Korea; and
(3) opportunities to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to raise awareness and provide assistance to North Korean defectors throughout the world.
(Pub. L. 114–122, title III, § 302, Feb. 18, 2016, 130 Stat. 112; Pub. L. 115–44, title III, § 321(a)(1), Aug. 2, 2017, 131 Stat. 951; Pub. L. 115–272, title III, § 303(c)(2), Oct. 25, 2018, 132 Stat. 4157; Pub. L. 116–92, div. F, title LXXI, § 7122(b)(4), Dec. 20, 2019, 133 Stat. 2248.)
§ 9241a. Rebuttable presumption applicable to goods made with North Korean labor
(a) In general
(b) Exception
(Pub. L. 114–122, title III, § 302A, as added Pub. L. 115–44, title III, § 321(b)(1), Aug. 2, 2017, 131 Stat. 952.)
§ 9241b. Sanctions on foreign persons employing North Korean labor
(a) In general
(b) Imposition of sanctions
(1) In general
(2) Sanctions described
(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.
(Pub. L. 114–122, title III, § 302B, as added Pub. L. 115–44, title III, § 321(b)(1), Aug. 2, 2017, 131 Stat. 952.)
§ 9242. Report on North Korean prison camps
(a) In general
The Secretary of State shall submit to the appropriate congressional committees a report that describes, with respect to each political prison camp in North Korea, to the extent information is available—
(1) the camp’s estimated prisoner population;
(2) the camp’s geographical coordinates;
(3) the reasons for the confinement of the prisoners;
(4) the camp’s primary industries and products, and the end users of any goods produced in the camp;
(5) the individuals and agencies responsible for conditions in the camp;
(6) the conditions under which prisoners are confined, with respect to the adequacy of food, shelter, medical care, working conditions, and reports of ill-treatment of prisoners; and
(7) imagery, to include satellite imagery of the camp, in a format that, if published, would not compromise the sources and methods used by the United States intelligence community to capture geospatial imagery.
(b) Form
(Pub. L. 114–122, title III, § 303, Feb. 18, 2016, 130 Stat. 113.)
§ 9243. Report on and imposition of sanctions with respect to serious human rights abuses or censorship in North Korea
(a) Report required
(1) In general
The Secretary of State shall submit to the appropriate congressional committees a report that—
(A) identifies each person the Secretary determines to be responsible for serious human rights abuses or censorship in North Korea and describes the conduct of that person; and
(B) describes serious human rights abuses or censorship undertaken by the Government of North Korea or any person acting for or on behalf of that Government in the most recent year ending before the submission of the report.
(2) Consideration
In preparing the report required under paragraph (1), the Secretary of State shall—
(A) give due consideration to the findings of the United Nations Commission of Inquiry on Human Rights in North Korea; and
(B) make specific findings with respect to the responsibility of Kim Jong Un, and of each individual who is a member of the National Defense Commission of North Korea or the Organization and Guidance Department of the Workers’ Party of Korea, for serious human rights abuses and censorship.
(3) Submission and form
(A) Submission
(B) Form
(C) Public availability
(b) Designation of persons
The President shall designate under section 9214(a) of this title any person listed in the report required under subsection (a)(1) that—
(1) knowingly engages in, is responsible for, or facilitates censorship by the Government of North Korea; or
(2) knowingly engages in, is responsible for, or facilitates serious human rights abuses by the Government of North Korea.
(c) Sense of Congress
It is the sense of Congress that the President should—
(1) seek the prompt adoption by the United Nations Security Council of a resolution calling for the blocking of the assets of all persons responsible for severe human rights abuses or censorship in North Korea; and
(2) fully cooperate with the prosecution of any individual listed in the report required under subsection (a)(1) before any international tribunal that may be established to prosecute persons responsible for severe human rights abuses or censorship in North Korea.
(Pub. L. 114–122, title III, § 304, Feb. 18, 2016, 130 Stat. 113.)