Editorial Notes

References in Text

This chapter, referred to in text, 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.

Subchapter I or II, referred to in par. (4), was in the original “title I or II”, meaning titles I and II of Pub. L. 114–122. Title I is classified principally to subchapter I of this chapter. Title II is classified generally to subchapter II of this chapter. For complete classification of titles I and II of Pub. L. 114–122 to the Code, see Tables.

Amendments

2019—Par. (4). Pub. L. 116–92 substituted “(a), (b), or (g)” for “(a) or (b)”.

2017—Par. (1)(A). Pub. L. 115–44, § 302(a)(1), substituted “Executive Order No. 13694” for “or Executive Order 13694” and inserted “or Executive Order No. 13722 (50 U.S.C. 1701 note; relating to blocking the property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea),” before “to the extent”.

Par. (2)(A). Pub. L. 115–44, § 302(a)(2), substituted “2094 (2013), 2270 (2016), or 2321 (2016)” for “or 2094 (2013)”.

Pars. (5) to (9). Pub. L. 115–44, § 302(a)(3)(A), added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively.

Par. (9)(C). Pub. L. 115–44, § 302(a)(4), added subpar. (C).

Pars. (10) to (12). Pub. L. 115–44, § 302(a)(3)(A), redesignated pars. (9) to (11) as (10) to (12), respectively.

Par. (13). Pub. L. 115–44, § 302(a)(5)(B), added par. (13). Former par. (13) redesignated (14).

Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (12) as (13). Former par. (13) redesignated (14).

Par. (14). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (13) as (14). Former par. (14) redesignated (15).

Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (13) as (14). Former par. (14) redesignated (15).

Par. (15). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (14) as (15). Former par. (15) redesignated (16).

Pub. L. 115–44, § 302(a)(3)(A), redesignated par. (14) as (15).

Par. (16). Pub. L. 115–44, § 302(a)(5)(A), redesignated par. (15) as (16).

Statutory Notes and Related Subsidiaries

Regulatory Authority

Pub. L. 115–44, title III, § 333, Aug. 2, 2017, 131 Stat. 955, provided that:

“(a)

In General.—

The President shall, not later than 180 days after the date of the enactment of this Act [Aug. 2, 2017], promulgate regulations as necessary for the implementation of this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] and the amendments made by this title.

“(b)

Notification to Congress.—

Not fewer than 10 days before the promulgation of a regulation under subsection (a), the President shall notify and provide to the appropriate congressional committees [see Definitions note below] the proposed regulation, specifying the provisions of this title or the amendments made by this title that the regulation is implementing.”

Rule of Construction

Pub. L. 115–44, title III, § 332, Aug. 2, 2017, 131 Stat. 954, provided that: “Nothing in this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] shall be construed to limit—

“(1)

the authority or obligation of the President to apply the sanctions described in section 104 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214), as amended by section 311 of this Act, with regard to persons who meet the criteria for designation under such section, or in any other provision of law; or

“(2)

the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).”

Authority To Consolidate Reports

Pub. L. 115–44, title III, § 331, Aug. 2, 2017, 131 Stat. 954, provided that: “Any reports required to be submitted to the appropriate congressional committees [see Definitions note below] under this title [see Short Title of 2017 Amendment note set out under section 9201 of this title] or any amendment made by this title that are subject to deadlines for submission consisting of similar units of time may be consolidated into a single report that is submitted to appropriate congressional committees pursuant to the earlier of such deadlines. The consolidated reports must contain all information required under this title or any amendment made by this title, in addition to all other elements mandated by previous law.”

Definitions

Pub. L. 115–44, title III, § 302(b), Aug. 2, 2017, 131 Stat. 941, provided that: “In this title [see Short Title of 2017 Amendment note set out under section 9201 of this title]:

“(1)

Applicable united nations security council resolution; luxury goods.—

The terms ‘applicable United Nations Security Council resolution’ and ‘luxury goods’ have the meanings given those terms, respectively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202), as amended by subsection (a).

“(2)

Appropriate congressional committees; government of north korea; united states person.—

The terms ‘appropriate congressional committees’, ‘Government of North Korea’, and ‘United States person’ have the meanings given those terms, respectively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).

“(3)

Foreign person; north korean person.—

The terms ‘foreign person’ and ‘North Korean person’ have the meanings given those terms, respectively, in paragraph (5) and paragraph (13) of section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202(5) and 9202(13)), as added by subsection (a).

“(4)

Prohibited weapons program.—

The term ‘prohibited weapons program’ means—

“(A)

any program related to the development of nuclear, chemical, or biological weapons, and their means of delivery, including ballistic missiles; and

“(B)

any program to develop related materials with respect to a program described in subparagraph (A).”