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Code · BILL · 116th Congress · S. 1790 (Engrossed in Senate) — To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military c... · Sec. 6911

Sec. 6911. Findings

985 words·~4 min read·/bill/116/s/1790/es/section-6911·

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Congress finds the following: Since 2006, the United Nations Security Council has adopted 10 resolutions imposing sanctions against North Korea under chapter VII of the United Nations Charter, which— prohibit the use, development, and proliferation of weapons of mass destruction by North Korea; prohibit the supply, sale, or transfer of arms and related materiel to or from North Korea; prohibit the transfer of luxury goods to North Korea; restrict access by North Korea to financial services that could contribute to nuclear, missile, or other programs related to the development of weapons of mass destruction; restrict North Korean shipping, including the registration, reflagging, or insuring of North Korean ships; prohibit, with limited exceptions, North Korean exports of coal, precious metals, iron, vanadium, and rare earth minerals; prohibit the transfer to North Korea of rocket, aviation, or jet fuel, as well as gasoline, condensates, and natural gas liquids; prohibit new work authorization for North Korean laborers and require the repatriation of all North Korean laborers by December 2019; prohibit exports of North Korean food and agricultural products, including seafood; prohibit joint ventures or cooperative commercial entities or expanding joint ventures with North Korea; prohibit exports of North Korean textiles; require member countries of the United Nations to seize, inspect, and impound any ship in its jurisdiction that is suspected of violating Security Council resolutions with respect to North Korea and to interdict and inspect all cargo heading to or from North Korea by land, sea, or air; limit the transfer to North Korea of refined petroleum products and crude oil; ban the sale or transfer to North Korea of industrial machinery, transportation vehicles, electronics, iron, steel, and other metals; reduce North Korean diplomatic staff numbers in member countries of the United Nations and expel any North Korean diplomats found to be working on behalf of a person subject to sanctions or assisting in sanctions evasion; limit North Korean diplomatic missions abroad with respect to staff size and access to banking privileges and prohibit commerce from being conducted out of North Korean consular or diplomatic offices; require member states of the United Nations to close representative offices, subsidiaries, and bank accounts in North Korea; prohibit countries from providing or receiving military training to or from North Korea or hosting North Koreans for specialized teaching or training that could contribute to the programs of North Korea related to the development of weapons of mass destruction; ban countries from granting landing and flyover rights to North Korean aircraft; and prohibit trade in statuary of North Korean origin.
The Government of North Korea has threatened to carry out nuclear attacks against the United States, South Korea, and Japan. The Government of North Korea tested its sixth and largest nuclear device on September 3, 2017. According to a report by the International Atomic Energy Agency released in August 2018, The continuation and further development of the DPRK’s nuclear programme and related statements by the DPRK are a cause for grave concern. The DPRK’s nuclear activities, including those in relation to the Yongbyon Experimental Nuclear Power Plant (5 MW(e)) reactor, the use of the building which houses the reported centrifuge enrichment facility and the construction at the light water reactor, as well as the DPRK’s sixth nuclear test, are clear violations of relevant UN Security Council resolutions, including resolution 2375
(2017)and are deeply regrettable. . In July 2018, Secretary of State Mike Pompeo testified to the Committee on Foreign Relations of the Senate that North Korea continue[s] to produce fissile material despite public pledges by North Korean leader Kim Jong-un to denuclearize. The 2019 Missile Defense Review conducted by the Department of Defense states that North Korea continues to pose an extraordinary threat and the United States must remain vigilant. In the past, North Korea frequently issued explicit nuclear missile threats against the United States and allies, all the while working aggressively to field the capability to strike the U.S. homeland with nuclear-armed ballistic missiles. Over the past decade, it has invested considerable resources in its nuclear and ballistic missile programs, and undertaken extensive nuclear and missile testing in order to realize the capability to threaten the U.S. homeland with missile attack. As a result, North Korea has neared the time when it could credibly do so. . Financial transactions and investments that provide financial resources to the Government of North Korea, and that fail to incorporate adequate safeguards against the misuse of those financial resources, pose an undue risk of contributing to— weapons of mass destruction programs of that Government; and efforts to evade restrictions required by the United Nations Security Council on imports or exports of arms and related materiel, services, or technology by that Government. The Federal Bureau of Investigation has determined that the Government of North Korea was responsible for cyberattacks against entities in the United States, South Korea, and around the world. In November 2017, President Donald Trump designated the government of North Korea as a state sponsor of terrorism pursuant to authorities under the Export Administration Act of 1979 ( 50 U.S.C. App. 2401 et seq.), as continued in effect at the time under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.), and the Arms Export Control Act ( 22 U.S.C. 2751 et seq.); On February 22, 2018, the Secretary of State determined that the Government of North Korea was responsible for the lethal nerve agent attack in 2017 on Kim Jong Nam, the half-brother of North Korean leader Kim Jong-un, in Malaysia, triggering sanctions required under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 ( 22 U.S.C. 5601 et seq.). The strict enforcement of sanctions is essential to the efforts of the international community to achieve the peaceful, complete, verifiable, and irreversible dismantlement of weapons of mass destruction programs of the Government of North Korea.
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