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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. 6921

Sec. 6921. Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons

600 words·~3 min read·/bill/116/s/1790/es/section-6921

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Title II of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9221 et seq.) is amended by inserting after the item relating to section 201A the following: The Secretary of the Treasury shall impose one or more of the sanctions described in subsection
(b)with respect to a foreign financial institution that the Secretary determines, on or after the date that is 90 days after the date of the enactment of the Otto Warmbier Banking Restrictions Involving North Korea Act of 2019 , knowingly provides significant financial services to any person designated for the imposition of sanctions under— subsection
(a)or
(b)of section 104; an applicable Executive order; or an applicable United Nations Security Council resolution. The sanctions that may be imposed with respect to a foreign financial institution subject to subsection
(a)are the following: The Secretary may block and prohibit, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of the foreign financial institution 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 Secretary may prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by the foreign financial institution. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection
(a)of that section. Not later than 180 days after the date of the enactment of the Otto Warmbier Banking Restrictions Involving North Korea Act of 2019 , the President shall, as appropriate, prescribe regulations to carry out this section. Notwithstanding section 404(b) or any provision of this section, the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. In this subsection, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. In this section: The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or
(Y)of section 5312(a)(2) of title 31, United States Code. The term foreign financial institution shall have the meaning of that term as determined by the Secretary of the Treasury. 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. . The table of contents for the North Korea Sanctions and Policy Enhancement Act of 2016 is amended by inserting after the item relating to section 201A the following: 201B. Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons. .
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Sec. 6921
Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons
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