Sec. 3. Continuation of restrictions against the Government of North Korea
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Congress finds that subsequent to the decision of the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, North Korea has committed acts that can be defined as international terrorism or as highly provocative, including— the dispatch of a covert team of two North Korean military-trained agents to South Korea with orders to assassinate the late North Korean defector Hwang Jang-yop who were apprehended by South Korean officials in April 2010; complicity in the sinking of the South Korean naval vessel Cheonan on March 26, 2010, which resulted in the deaths of 46 South Korean naval personnel; the shipment of weapons by North Korea, seized in Bangkok in December 2009, which were bound for delivery to foreign terrorist organizations Hezbollah and Hamas, according to a statement made by Israeli Foreign Minister Avigdor Lieberman in Tokyo on May 12, 2010; the sudden and unprovoked bombardment by North Korean artillery of the civilian-populated South Korean island of Yeonpyeong-do on November 23, 2010, which resulted in the deaths of two South Korean civilians and two Republic of Korea
(ROK)marines; and the sentencing by Seoul Central District Court in January 2011 of North Korean agent Ri Dong Sam to 10 years in prison for impersonating a refugee in August 2010 to enter South Korea under orders to assassinate leading North Korean defector Hwang Jang-yop. Notwithstanding the decision by the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, and in light of the congressional finding described in subsection (a), restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea is a state sponsor of terrorism, as well as sanctions against the Government of North Korea (including sanctions that ban the importation into the United States of North Korean products and goods), that are in effect as of the date of the enactment of this Act shall remain in effect, and shall not be lifted, unless the President makes the certification described in subsection (c). The certification referred to in subsection
(b)is a certification to Congress containing a determination of the President that the Government of North Korea— is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to the governments of Iran, Syria, or any other state sponsor of terrorism, or to Burma; is no longer engaged in training in combat operations or tunneling, or harboring, supplying, financing, or supporting in any way— Hamas, Hezbollah, the Japanese Red Army, or any member of such organizations; any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); and any person included on the annex to Executive Order 13224 (September 21, 2001) and any other person identified under section 1 of that Executive Order whose property and interests are blocked by that section (commonly known as a specially designated global terrorist ); is no longer engaged in the counterfeiting of United States currency supernotes ; is no longer engaged in the international trafficking of illicit narcotics into the United States, Japan, Australia, or other allied countries of the United States; has returned the last remains of United States permanent resident, Reverend Kim Dong-shik, to his United States citizen widow, family, and church members, so that he may be provided with a proper Christian burial in Chicago; has released the Japanese nationals recognized as abduction victims by the Government of Japan as well as abduction victims recognized by the Government of the Republic of Korea; has released an estimated 600 surviving South Korean POWs, and any other surviving POWs from the Korean War, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July 1953; has made concrete provisions for unrestricted family reunification meetings for those individuals among the two-million strong Korean-American community who maintain family ties with relatives inside North Korea; has opened the North Korean penal system, including the gulag of concentration camps holding an estimated 200,000 political and religious prisoners, to unrestricted and regular visits by representatives of the International Committee of the Red Cross (ICRC); has made provision for unrestricted and regular access by representatives of the United National High Commissioner for Refugees to refugees forcibly repatriated to North Korea to determine their general health and welfare; has made concrete provisions for unrestricted contact, including direct communications and meetings, between representatives of international and South Korean religious organizations, including Christians and Buddhists, and their co-believers inside North Korea; and has offered apologies to the government and people of the Republic of Korea for the deaths that North Korea inflicted due to the unprovoked attacks on the South Korean naval vessel Cheonan on March 26, 2010, and on the island of Yeonpyeong-do on November 23, 2010. It is the sense of Congress that, in light of the congressional finding described in subsection (a), the Secretary of State should redesignate North Korea as a state sponsor of terrorism immediately upon the date of the enactment of this Act. In this section, the term state sponsor of terrorism means any country the government of which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law.
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Sec. 3
Continuation of restrictions against the Government of North Korea
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