Sec. 407. Enhancing the review process for changes to sanctions and rulemaking
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Section 208 of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9228 ) is amended by adding at the end the following: On and after the date of the enactment of the Leverage to Enhance Effective Diplomacy Act of 2019 , the President may not remove a person described in paragraph
(2)from the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury unless and until the President submits to the appropriate congressional committees a certification described in paragraph
(3)with respect to the person. A person described in this paragraph is a person the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) under this Act, an applicable Executive order, or an applicable United Nations Security Council resolution. A certification described in this paragraph with respect to a person is a certification that the person is not engaging in conduct— for which the person was included on the list of specially designated nationals and blocked persons by the Office of Foreign Assets Control; or that violates applicable United States or international laws. A certification described in paragraph
(3)shall be submitted in unclassified form, but may include a classified annex. The President may not terminate the designation of North Korea as a jurisdiction of primary money laundering concern pursuant to section 5318A of title 31, United States Code, unless the President submits to the appropriate congressional committees a certification described in paragraph
(2)with respect to North Korea. A certification described in this paragraph is a certification that the Government of North Korea— is no longer using state-controlled financial institutions and front companies to conduct transactions that support the proliferation of weapons of mass destruction and ballistic missiles; has instituted sufficient bank supervision and controls with respect to anti-money laundering and combating the financing of terrorism; is cooperating with United States law enforcement and regulatory officials in obtaining information about transactions originating in or routed through or to North Korea; and is no longer relying on the illicit and corrupt activity of high-level officials to support its government. The certification described in paragraph
(2)shall be submitted in unclassified form, but may include a classified annex. Notwithstanding any other provision of law, any rule to amend or otherwise alter any provision of part 510 of title 31, Code of Federal Regulations, that is published on or after the date of the enactment of the Leverage to Enhance Effective Diplomacy Act of 2019 shall be deemed to be a rule or major rule (as the case may be) for purposes of chapter 8 of title 5, United States Code, and shall be subject to all applicable requirements of that chapter. .
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Sec. 407
Enhancing the review process for changes to sanctions and rulemaking
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