Sec. 311. MODIFICATION AND EXPANSION OF REQUIREMENTS FOR THE DESIGNATION OF PERSONS
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## SEC. 311 MODIFICATION AND EXPANSION OF REQUIREMENTS FOR THE DESIGNATION OF PERSONS ###
(a)Expansion of Mandatory Designations Section 104(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 ([22 U.S.C. 9214(a)](/us/usc/t22/s9214/a)) is amended— ####
(1)in paragraph (9), by striking “; or” and inserting “or any defense article or defense service (as such terms are defined in section 47 of the Arms Export Control Act ([22 U.S.C. 2794](/us/usc/t22/s2794)));”; ####
(2)by redesignating paragraph
(10)as paragraph (15); ####
(3)by inserting after paragraph
(9)the following new paragraphs: > > #### “(10) > > knowingly, directly or indirectly, purchases or otherwise acquires from North Korea any significant amounts of gold, titanium ore, vanadium ore, copper, silver, nickel, zinc, or rare earth minerals; > > > #### “(11) > > knowingly, directly or indirectly, sells or transfers to North Korea any significant amounts of rocket, aviation, or jet fuel (except for use by a civilian passenger aircraft outside North Korea, exclusively for consumption during its flight to North Korea or its return flight); > > > #### “(12) > > knowingly, directly or indirectly, provides significant amounts of fuel or supplies, provides bunkering services, or facilitates a significant transaction or transactions to operate or maintain, a vessel or aircraft that is designated under an applicable Executive order or an applicable United Nations Security Council resolution, or that is owned or controlled by a person designated under an applicable Executive order or applicable United Nations Security Council resolution; > > > #### “(13) > > knowingly, directly or indirectly, insures, registers, facilitates the registration of, or maintains insurance or a registration for, a vessel owned or controlled by the Government of North Korea, except as specifically approved by the United Nations Security Council; > > > #### “(14) > > knowingly, directly or indirectly, maintains a correspondent account (as defined in section 201A(d)(1)) with any North Korean financial institution, except as specifically approved by the United Nations Security Council; or” > ; and ####
(4)in paragraph (15), as so redesignated, by striking “(9)” and inserting “(14)”. ###
(b)Expansion of Additional Discretionary Designations ####
(1)In general Section 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 ([22 U.S.C. 9214(b)(1)](/us/usc/t22/s9214/b/1)) is amended— #####
(A)in subparagraph (A), by striking “ pursuant to an applicable United Nations Security Council resolution; ” and inserting the following: > “pursuant to— > > > ###### “(i) > > an applicable United Nations Security Council resolution; > > > ###### “(ii) > > any regulation promulgated under section 404; or > > > ###### “(iii) > > any applicable Executive order;” > ; #####
(B)in subparagraph (B)(iii), by striking “or” at the end; #####
(C)in subparagraph (C), by striking the period at the end and inserting a semicolon; and #####
(D)by adding at the end the following new subparagraphs: > > ##### “(D) > > knowingly, directly or indirectly, purchased or otherwise acquired from the Government of North Korea significant quantities of coal, iron, or iron ore, in excess of the limitations provided in applicable United Nations Security Council resolutions; > > > ##### “(E) > > knowingly, directly or indirectly, purchased or otherwise acquired significant types or amounts of textiles from the Government of North Korea; > > > ##### “(F) > > knowingly facilitated a significant transfer of funds or property of the Government of North Korea that materially contributes to any violation of an applicable United National Security Council resolution; > > > ##### “(G) > > knowingly, directly or indirectly, facilitated a significant transfer to or from the Government of North Korea of bulk cash, precious metals, gemstones, or other stores of value not described under subsection (a)(10); > > > ##### “(H) > > knowingly, directly or indirectly, sold, transferred, or otherwise provided significant amounts of crude oil, condensates, refined petroleum, other types of petroleum or petroleum byproducts, liquified natural gas, or other natural gas resources to the Government of North Korea (except for heavy fuel oil, gasoline, or diesel fuel for humanitarian use or as excepted under subsection (a)(11)); > > > ##### “(I) > > knowingly, directly or indirectly, engaged in, facilitated, or was responsible for the online commercial activities of the Government of North Korea, including online gambling; > > > ##### “(J) > > knowingly, directly or indirectly, purchased or otherwise acquired fishing rights from the Government of North Korea; > > > ##### “(K) > > knowingly, directly or indirectly, purchased or otherwise acquired significant types or amounts of food or agricultural products from the Government of North Korea; > > > ##### “(L) > > knowingly, directly or indirectly, engaged in, facilitated, or was responsible for the exportation of workers from North Korea in a manner intended to generate significant revenue, directly or indirectly, for use by the Government of North Korea or by the Workers’ Party of Korea; > > > ##### “(M) > > knowingly conducted a significant transaction or transactions in North Korea’s transportation, mining, energy, or financial services industries; or > > > ##### “(N) > > except as specifically approved by the United Nations Security Council, and other than through a correspondent account as described in subsection (a)(14), knowingly facilitated the operation of any branch, subsidiary, or office of a North Korean financial institution.” > . ####
(2)Effective date **[**[22 U.S.C. 9214 note](/us/usc/t22/s9214)**]** The amendments made by paragraph
(1)take effect on the date of the enactment of this Act and apply with respect to conduct described in subparagraphs
(D)through
(N)of section 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016, as added by paragraph (1), engaged in on or after such date of enactment. ###
(c)Mandatory and Discretionary Asset Blocking Section 104(c) of the North Korea Sanctions and Policy Enhancement Act of 2016 ([22 U.S.C. 9214(c)](/us/usc/t22/s9214/c)) is amended— ####
(1)by striking “of a designated person” and inserting “of a person designated under subsection (a)”; ####
(2)by striking “ The President ” and inserting the following: > > #### “(1) Mandatory asset blocking > > The President” > ; and ####
(3)by adding at the end the following new paragraph: > > #### “(2) Discretionary asset blocking > > The President may also exercise such powers, in the same manner and to the same extent described in paragraph (1), with respect to a person designated under subsection (b).” > . ###
(d)Designation of Additional Persons ####
(1)In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report including a determination as to whether reasonable grounds exist, and an explanation of the reasons for any determination that such grounds do not exist, to designate, pursuant to section 104 of the North Korea Sanctions and Policy Enhancement Act of 2016 ([22 U.S.C. 9214](/us/usc/t22/s9214)), as amended by this section, each of the following: #####
(A)The Korea Shipowners’ Protection and Indemnity Association, a North Korean insurance company, with respect to facilitating imports, exports, and reexports of arms and related materiel to and from North Korea, or for other activities prohibited by such section 104. #####
(B)Chinpo Shipping Company (Private) Limited, a Singapore corporation, with respect to facilitating imports, exports, and reexports of arms and related materiel to and from North Korea. #####
(C)The Central Bank of the Democratic People’s Republic of Korea, with respect to the sale of gold to, the receipt of gold from, or the import or export of gold by the Government of North Korea. #####
(D)Kumgang Economic Development Corporation (KKG), with respect to being an entity controlled by Bureau 39 of the Workers’ Party of the Government of North Korea. #####
(E)Sam Pa, also known as Xu Jinghua, Xu Songhua, Sa Muxu, Samo, Sampa, or Sam King, and any entities owned or controlled by such individual, with respect to transactions with KKG. #####
(F)The Chamber of Commerce of the Democratic People’s Republic of Korea, with respect to the exportation of workers in violation of section 104(a)(5) or of section 104(b)(1)(M) of such Act, as amended by subsection
(b)of this section. ####
(2)Form The report submitted under paragraph
(1)may contain a classified annex.
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Sec. 311
MODIFICATION AND EXPANSION OF REQUIREMENTS FOR THE DESIGNATION OF PERSONS
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