Sec. 104. Designation of persons
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Except as provided in section 207, the President may designate under this subsection any person that the President determines— knowingly (directly or indirectly) imported, exported, or reexported to, into, or from North Korea any goods, services, or technology controlled for export by the United States due to their use for weapons of mass destruction and their delivery systems and materially contributing to the use, development, production, possession, or acquisition by any persons of a nuclear, radiological, chemical, or biological weapon, or any device or system designed in whole or in part to deliver such a weapon; knowingly (directly or indirectly) provided training, advice, or other services or assistance, or engaged in significant financial transactions, relating to the manufacture, maintenance, or use of any such weapon or system to be imported, exported, or reexported to, into, or from North Korea; knowingly (directly or indirectly) imported, exported, or reexported luxury goods to or into North Korea; knowingly engaged in, or is responsible for, censorship by the Government of North Korea; knowingly engaged in, or is responsible for, serious human rights abuses by the Government of North Korea; knowingly (directly or indirectly) engaged in money laundering, the counterfeiting of goods or currency, bulk cash smuggling, or narcotics trafficking that supports the Government of North Korea or any senior official thereof; or knowingly attempted to engage in any of the conduct described in subparagraphs
(A)through (E). The penalties provided for in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition under this subsection, or of an order or regulation prescribed under this Act, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act ( 50 U.S.C. 1705(a) ). Except as provided in section 207, the President may designate under this subsection any person that the President determines— knowingly engaged in, contributed to, assisted, sponsored, or provided financial, material or technological support for, or goods and services in support of, any person designated pursuant to an applicable United Nations Security Council resolution; knowingly contributed to— the bribery of an official of the Government of North Korea; the misappropriation, theft, or embezzlement of public funds by, or for the benefit of, an official of the Government of North Korea; or the use of any proceeds of any such conduct; or knowingly and materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services to or in support of, the activities described in subparagraph
(A)or (B). With respect to any person designated under this subsection, the President may— apply the sanctions described in section 204, 205, or 206; apply any of the special measures described in section 5318A of title 31, United States Code; prohibit any transactions in foreign exchange— that are subject to the jurisdiction of the United States; and in which such person has any interest; and prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments— are subject to the jurisdiction of the United States; and involve any interest of such person. The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a person determined by the President to be subject to this section 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. The designation of a person under subsection
(a)or
(b)and the blocking of property and interests in property under subsection
(c)shall apply with respect to a person who is determined to be owned or controlled by, or to have acted or purported to have acted for or on behalf of (directly or indirectly) any person whose property and interests in property are blocked pursuant to this section. The President shall deny or revoke any license for any transaction that the President determines to lack sufficient financial controls to ensure that such transaction will not facilitate any of the conduct described in subsection
(a)or (b).
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