§ 9202. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this chapter:

(1)Applicable Executive order The term “applicable Executive order” means—

(A)Executive Order 13382 (50 U.S.C. 1701 note; relating to blocking property of weapons of mass destruction proliferators and their supporters), Executive Order 13466 (50 U.S.C. 1701 note; relating to continuing certain restrictions with respect to North Korea and North Korean nationals), Executive Order 13551 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to North Korea), Executive Order 13570 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to North Korea), Executive Order 13619 (50 U.S.C. 1701 note; relating to blocking property of persons threatening the peace, security, or stability of Burma), Executive Order 13687 (50 U.S.C. 1701 note; relating to imposing additional sanctions with respect to North Korea), Executive Order No. 13694 (50 U.S.C. 1701 note; relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities), or Executive Order No. 13722 (50 U.S.C. 1701 note; relating to blocking the property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea), to the extent that such Executive order—

(i)authorizes the imposition of sanctions on persons for conduct with respect to North Korea;

(ii)prohibits transactions or activities involving the Government of North Korea; or

(iii)otherwise imposes sanctions with respect to North Korea; and

(B)any Executive order adopted on or after February 18, 2016, to the extent that such Executive order—

(i)authorizes the imposition of sanctions on persons for conduct with respect to North Korea;

(ii)prohibits transactions or activities involving the Government of North Korea; or

(iii)otherwise imposes sanctions with respect to North Korea.

(2)Applicable United Nations Security Council resolution The term “applicable United Nations Security Council resolution” means—

(A)United Nations Security Council Resolution 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), or 2321 (2016); and

(B)any United Nations Security Council resolution adopted on or after February 18, 2016, that—

(i)authorizes the imposition of sanctions on persons for conduct with respect to North Korea;

(ii)prohibits transactions or activities involving the Government of North Korea; or

(iii)otherwise imposes sanctions with respect to North Korea.

(3)Appropriate congressional committees The term “appropriate congressional committees” means—

(A)the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B)the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.

(4)Designated person The term “designated person” means a person designated under subsection (a), (b), or

(g)of section 9214 of this title for purposes of applying 1 or more of the sanctions described in subchapter I or II with respect to the person.

(5)Foreign person The term “foreign person” means—

(A)an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B)an entity that is not a United States person.

(6)Government of North Korea The term “Government of North Korea” means the Government of North Korea and its agencies, instrumentalities, and controlled entities.

(7)Humanitarian assistance The term “humanitarian assistance” means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter.

(8)Intelligence community The term “intelligence community” has the meaning given such term in section 3003(4) of title 50.

(9)Luxury goods The term “luxury goods”—

(A)has the meaning given such term in section 746.4(b)(1) of title 15, Code of Federal Regulations;

(B)includes the items listed in Supplement No. 1 to part 746 of such title, and any similar items; and

(C)also includes any items so designated under an applicable United Nations Security Council resolution.

(10)Monetary instruments The term “monetary instruments” has the meaning given such term in section 5312(a) of title 31.

(11)North Korea The term “North Korea” means the Democratic People’s Republic of Korea.

(12)North Korean financial institution The term “North Korean financial institution” means any financial institution that—

(A)is organized under the laws of North Korea or any jurisdiction within North Korea (including a foreign branch of such an institution);

(B)is located in North Korea, except for a financial institution that is excluded by the President in accordance with section 9228(c) of this title;

(C)is owned or controlled by the Government of North Korea, regardless of location; or

(D)is owned or controlled by a financial institution described in subparagraph (A), (B), or (C), regardless of location.

(13)North Korean person The term “North Korean person” means—

(A)a North Korean citizen or national; or

(B)an entity owned or controlled by the Government of North Korea or by a North Korean citizen or national.

(14)Significant activities undermining cybersecurity The term “significant activities undermining cybersecurity” includes—

(A)significant efforts to—

(i)deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or

(ii)exfiltrate information from such a system or network without authorization;

(B)significant destructive malware attacks;

(C)significant denial of service activities; and

(D)such other significant activities described in regulations promulgated to implement section 9214 of this title.

(15)South Korea The term “South Korea” means the Republic of Korea.

(16)United States person The term “United States person” means—

(A)a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B)an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

(Pub. L. 114–122, § 3, Feb. 18, 2016, 130 Stat. 95; Pub. L. 115–44, title III, § 302(a), Aug. 2, 2017, 131 Stat. 940; Pub. L. 116–92, div. F, title LXXI, § 7122(b)(1), Dec. 20, 2019, 133 Stat. 2248.)

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