Sec. 203. Proliferation prevention sanctions
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Subject to section 207(a)(2)(C) of this Act, a license shall be required for the export to North Korea of any goods or technology subject to the Export Administration Regulations (part 730 of title 15, Code of Federal Regulations) without regard to whether the Secretary of State has designated North Korea as a country the government of which has provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2045 ), as continued in effect under the International Emergency Economic Powers Act. A license for the export to North Korea of any goods or technology as described in paragraph
(1)shall be subject to a presumption of denial. The prohibitions and restrictions described in section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), and other provisions provided for in that Act, shall also apply to exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to the Government of North Korea without regard to whether or not North Korea is a country with respect to which subsection
(d)of such section (relating to designation of state sponsors of terrorism) applies. Except as provided in section 207 of this Act and the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7801 et seq. ), the penalties provided for in section 2332d of title 18, United States Code, shall apply to a United States person that engages in a financial transaction with the Government of North Korea on or after the date of the enactment of this Act to the same extent that such penalties apply to a United States citizen that commits an unlawful act described in section 2332d of title 18, United States Code. The President shall withhold assistance under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) to any country that provides lethal military equipment to, or receives lethal military equipment from, the Government of North Korea. The prohibition under this subsection with respect to a country shall terminate on the date that is 1 year after the date on which such country ceases to provide lethal military equipment to the Government of North Korea. The President may, on a case-by-case basis, waive the prohibition under this subsection with respect to a country for a period of not more than 180 days, and may renew the waiver for additional periods of not more than 180 days, if the President determines and so reports to the appropriate congressional committees that it is vital to the national security interests of the United States to exercise such waiver authority.
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