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Code · STATUTE-COMPILATIONS · Countering America’s Adversaries Through Sanctions Act · Sec. 321

Sec. 321. SANCTIONS FOR FORCED LABOR AND SLAVERY OVERSEAS OF NORTH KOREANS

974 words·~4 min read·/statute-compilations/comps-13726/sec-321

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## SEC. 321 SANCTIONS FOR FORCED LABOR AND SLAVERY OVERSEAS OF NORTH KOREANS ###
(a)Sanctions for Trafficking in Persons ####
(1)In general Section 302(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 ([22 U.S.C. 9241(b)](/us/usc/t22/s9241/b)) is amended— #####
(A)in paragraph (1), by striking “and” at the end; #####
(B)in paragraph (2), by striking the period at the end and inserting “; and”; and #####
(C)by adding at the end the following new paragraph: > > #### “(3) > > a list of foreign persons that knowingly employ North Korean laborers, as described in section 104(b)(1)(M).” > . ####
(2)Additional determinations; reports **[**[22 U.S.C. 9241 note](/us/usc/t22/s9241)**]** With respect to any country identified in section 302(b)(2) of the North Korea Sanctions and Policy Enhancement Act of 2016 ([22 U.S.C. 9241(b)(2)](/us/usc/t22/s9241/b/2)), as amended by paragraph (1), the report required under section 302(a) of such Act shall— #####
(A)include a determination whether each person identified in section 302(b)(3) of such Act (as amended by paragraph (1)) who is a national or a citizen of such identified country meets the criteria for sanctions under— ######
(i)section 111 of the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7108](/us/usc/t22/s7108)) (relating to the prevention of trafficking in persons); or ######
(ii)section 104(a) or 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 ([22 U.S.C. 9214(a)](/us/usc/t22/s9214/a)), as amended by section 101 of this Act; #####
(B)be included in the report required under section 110(b) of the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7107(b)](/us/usc/t22/s7107/b)) (relating to the annual report on trafficking in persons); and #####
(C)be considered in any determination that the government of such country has made serious and sustained efforts to eliminate severe forms of trafficking in persons, as such term is defined for purposes of the Trafficking Victims Protection Act of 2000. ###
(b)Sanctions on Foreign Persons That Employ North Korean Labor ####
(1)In general Title III of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9241 et seq.) is amended by inserting after section 302 the following new sections: > > ## “SEC. 302A REBUTTABLE PRESUMPTION APPLICABLE TO GOODS MADE WITH NORTH KOREAN LABOR > > **[**[22 U.S.C. 9241a](/us/usc/t22/s9241a)**]** > > > ### “(a) In General > > Except as provided in subsection (b), any significant goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part by the labor of North Korean nationals or citizens shall be deemed to be prohibited under section 307 of the Tariff Act of 1930 ([19 U.S.C. 1307](/us/usc/t19/s1307)) and shall not be entitled to entry at any of the ports of the United States. > > > ### “(b) Exception > > The prohibition described in subsection
(a)shall not apply if the Commissioner of U.S. Customs and Border Protection finds, by clear and convincing evidence, that the goods, wares, articles, or merchandise described in such paragraph were not produced with convict labor, forced labor, or indentured labor under penal sanctions. > > > ## “SEC. 302B SANCTIONS ON FOREIGN PERSONS EMPLOYING NORTH KOREAN LABOR > > **[**[22 U.S.C. 9241b](/us/usc/t22/s9241b)**]** > > > ### “(a) In General > > Except as provided in subsection (c), the President shall designate any person identified under section 302(b)(3) for the imposition of sanctions under subsection (b). > > > ### “(b) Imposition of Sanctions > > > #### “(1) In general > > The President shall impose the sanctions described in paragraph
(2)with respect to any person designated under subsection (a). > > > #### “(2) Sanctions described > > The sanctions described in this paragraph are sanctions pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](/us/usc/t50/s1701) et seq.) to block and prohibit all transactions in property and interests in property of a person designated under subsection (a), 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. > > > ### “(c) Exception > > > #### “(1) In general > > A person may not be designated under subsection
(a)if the President certifies to the appropriate congressional committees that the President has received reliable assurances from such person that— > > > ##### “(A) > > the employment of North Korean laborers does not result in the direct or indirect transfer of convertible currency, luxury goods, or other stores of value to the Government of North Korea; > > > ##### “(B) > > all wages and benefits are provided directly to the laborers, and are held, as applicable, in accounts within the jurisdiction in which they reside in locally denominated currency; and > > > ##### “(C) > > the laborers are subject to working conditions consistent with international standards. > > > #### “(2) Recertification > > Not later than 180 days after the date on which the President transmits to the appropriate congressional committees an initial certification under paragraph (1), and every 180 days thereafter, the President shall— > > > ##### “(A) > > transmit a recertification stating that the conditions described in such paragraph continue to be met; or > > > ##### “(B) > > if such recertification cannot be transmitted, impose the sanctions described in subsection
(b)beginning on the date on which the President determines that such recertification cannot be transmitted.” > . ####
(2)Clerical amendment The table of contents in section 1(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 is amended by inserting after the item relating to section 302 the following new items:" “Sec. 302A. Rebuttable presumption applicable to goods made with North Korean labor. “Sec. 302B. Sanctions on foreign persons employing North Korean labor.” ".
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Citation graph
cites case law
Sec. 321
SANCTIONS FOR FORCED LABOR AND SLAVERY OVERSEAS OF NORTH KOREANS
U.S.C.§ 9241
U.S.C.§ 7108
U.S.C.§ 9214
U.S.C.§ 7107
U.S.C.§ 9241a
U.S.C.§ 1307
U.S.C.§ 9241b
U.S.C.§ 1701
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