Sec. 8. Definitions
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For purposes of this subtitle: The terms applicable Executive order , Government of North Korea , North Korea , North Korean person , and significant activities undermining cybersecurity 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 ). The term covered person means the following: Any North Korean person designated under an applicable Executive order. Any North Korean person that knowingly facilitates the transfer of bulk cash or covered goods (as defined under section 1027.100 of title 31, Code of Federal Regulations).
Any North Korean financial institution. Any North Korean person employed outside of North Korea, except that the Secretary of the Treasury may waive the application of this subparagraph for a North Korean person that is not otherwise a covered person and— has been granted asylum or refugee status by the country of employment; or is employed as essential diplomatic personnel for the Government of North Korea. Any person acting on behalf of, or at the direction of, a person described under subparagraphs
(A)through (D). Any person that knowingly employs a person described under subparagraph (D). Any person that knowingly facilitates the import of goods, services, technology, or natural resources, including energy imports and minerals, or their derivatives, from North Korea. Any person that knowingly facilitates the export of goods, services, technology, or natural resources, including energy exports and minerals, or their derivatives, to North Korea, except for food, medicine, or medical supplies required for civilian humanitarian needs. Any person that knowingly invests in, or participates in a joint venture with, an entity in which the Government of North Korea participates or an entity that is created or organized under North Korean law. Any person that knowingly provides financial services, including through a subsidiary or joint venture, in North Korea. Any person that knowingly insures, registers, facilitates the registration of, or maintains insurance or a registration for, a vessel owned, controlled, commanded, or operated by a North Korean person. Any person knowingly providing specialized teaching, training, or information or providing material or technological support to a North Korean person that— may contribute to North Korea’s development and proliferation of WMD, including systems designed in whole or in part for the delivery of such weapons; or may contribute to significant activities undermining cybersecurity. The term financial institution means a United States financial institution or a foreign financial institution. The term foreign financial institution has the meaning given that term under section 1010.605 of title 31, Code of Federal Regulations. The term North Korean financial institution includes— any North Korean financial institution, as defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9202 ); any financial agency, as defined in section 5312 of title 31, United States Code, that is owned or controlled by the Government of North Korea; any money transmitting business, as defined in section 5330(d) of title 31, United States Code, that is owned or controlled by the Government of North Korea; any financial institution that is a joint venture between any person and the Government of North Korea; and any joint venture involving a North Korean financial institution. The term United States financial institution has the meaning given the term U.S. financial institution under section 510.310 of title 31, Code of Federal Regulations. The term knowingly with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
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U.S. Code