{"identifier":"/us/usc/t22/s9202","title":22,"num":"\u00a7\u202f9202.","heading":"Definitions","text":"\u00a7\u202f9202.\nDefinitions\nIn this chapter:\n(1)\nApplicable Executive order\nThe term \u201capplicable Executive order\u201d means\u2014\n(A) Executive Order 13382 (\n(i) authorizes the imposition of sanctions on persons for conduct with respect to North Korea;\n(ii) prohibits transactions or activities involving the Government of North Korea; or\n(iii) otherwise imposes sanctions with respect to North Korea; and\n(B) any Executive order adopted on or after\n(i) authorizes the imposition of sanctions on persons for conduct with respect to North Korea;\n(ii) prohibits transactions or activities involving the Government of North Korea; or\n(iii) otherwise imposes sanctions with respect to North Korea.\n(2)\nApplicable United Nations Security Council resolution\nThe term \u201capplicable United Nations Security Council resolution\u201d means\u2014\n(A) United Nations Security Council Resolution 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), or 2321 (2016); and\n(B) any United Nations Security Council resolution adopted on or after\n(i) authorizes the imposition of sanctions on persons for conduct with respect to North Korea;\n(ii) prohibits transactions or activities involving the Government of North Korea; or\n(iii) otherwise imposes sanctions with respect to North Korea.\n(3)\nAppropriate congressional committees\nThe term \u201cappropriate congressional committees\u201d means\u2014\n(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and\n(B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.\n(4)\nDesignated person\nThe term \u201cdesignated person\u201d means a person designated under subsection (a), (b), or (g) of\nsection 9214 of this title\n(5)\nForeign person\nThe term \u201cforeign person\u201d means\u2014\n(A) an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or\n(B) an entity that is not a United States person.\n(6)\nGovernment of North Korea\nThe term \u201cGovernment of North Korea\u201d means the Government of North Korea and its agencies, instrumentalities, and controlled entities.\n(7)\nHumanitarian assistance\nThe term \u201chumanitarian assistance\u201d means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter.\n(8)\nIntelligence community\nThe term \u201cintelligence community\u201d has the meaning given such term in\nsection 3003(4) of title 50\n(9)\nLuxury goods\nThe term \u201cluxury goods\u201d\u2014\n(A) has the meaning given such term in section 746.4(b)(1) of title 15, Code of Federal Regulations;\n(B) includes the items listed in Supplement No. 1 to part 746 of such title, and any similar items; and\n(C) also includes any items so designated under an applicable United Nations Security Council resolution.\n(10)\nMonetary instruments\nThe term \u201cmonetary instruments\u201d has the meaning given such term in\nsection 5312(a) of title 31\n(11)\nNorth Korea\nThe term \u201cNorth Korea\u201d means the Democratic People\u2019s Republic of Korea.\n(12)\nNorth Korean financial institution\nThe term \u201cNorth Korean financial institution\u201d means any financial institution that\u2014\n(A) is organized under the laws of North Korea or any jurisdiction within North Korea (including a foreign branch of such an institution);\n(B) is located in North Korea, except for a financial institution that is excluded by the President in accordance with\nsection 9228(c) of this title\n(C) is owned or controlled by the Government of North Korea, regardless of location; or\n(D) is owned or controlled by a financial institution described in subparagraph (A), (B), or (C), regardless of location.\n(13)\nNorth Korean person\nThe term \u201cNorth Korean person\u201d means\u2014\n(A) a North Korean citizen or national; or\n(B) an entity owned or controlled by the Government of North Korea or by a North Korean citizen or national.\n(14)\nSignificant activities undermining cybersecurity\nThe term \u201csignificant activities undermining cybersecurity\u201d includes\u2014\n(A) significant efforts to\u2014\n(i) deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or\n(ii) exfiltrate information from such a system or network without authorization;\n(B) significant destructive malware attacks;\n(C) significant denial of service activities; and\n(D) such other significant activities described in regulations promulgated to implement\nsection 9214 of this title\n(15)\nSouth Korea\nThe term \u201cSouth Korea\u201d means the Republic of Korea.\n(16)\nUnited States person\nThe term \u201cUnited States person\u201d means\u2014\n(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or\n(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.","url":"https://projectusc.org/usc/t22/s9202.html","content":[{"t":"sec","id":"/us/usc/t22/s9202","children":[{"t":"num","text":"\u00a7\u202f9202."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t22/s9202/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Applicable Executive order"},{"t":"chapeau","text":"The term \u201capplicable Executive order\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" Executive Order 13382 (","children":[{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" note; relating to blocking property of weapons of mass destruction proliferators and their supporters), Executive Order 13466 ("},{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" note; relating to continuing certain restrictions with respect to North Korea and North Korean nationals), Executive Order 13551 ("},{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" note; relating to blocking property of certain persons with respect to North Korea), Executive Order 13570 ("},{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" note; relating to prohibiting certain transactions with respect to North Korea), Executive Order 13619 ("},{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" note; relating to blocking property of persons threatening the peace, security, or stability of Burma), Executive Order 13687 ("},{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" note; relating to imposing additional sanctions with respect to North Korea), Executive Order No. 13694 ("},{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" note; relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities), or Executive Order No. 13722 ("},{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" note; relating to blocking the property of the Government of North Korea and the Workers\u2019 Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea), to the extent that such Executive order\u2014"}]},{"t":"clause","id":"/us/usc/t22/s9202/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" authorizes the imposition of sanctions on persons for conduct with respect to North Korea;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9202/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" prohibits transactions or activities involving the Government of North Korea; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9202/1/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" otherwise imposes sanctions with respect to North Korea; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" any Executive order adopted on or after ","children":[{"t":"text","text":"February 18, 2016","tail":", to the extent that such Executive order\u2014"}]},{"t":"clause","id":"/us/usc/t22/s9202/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" authorizes the imposition of sanctions on persons for conduct with respect to North Korea;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9202/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" prohibits transactions or activities involving the Government of North Korea; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9202/1/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" otherwise imposes sanctions with respect to North Korea.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Applicable United Nations Security Council resolution"},{"t":"chapeau","text":"The term \u201capplicable United Nations Security Council resolution\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" United Nations Security Council Resolution 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), or 2321 (2016); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/2/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" any United Nations Security Council resolution adopted on or after ","children":[{"t":"text","text":"February 18, 2016","tail":", that\u2014"}]},{"t":"clause","id":"/us/usc/t22/s9202/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" authorizes the imposition of sanctions on persons for conduct with respect to North Korea;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9202/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" prohibits transactions or activities involving the Government of North Korea; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9202/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" otherwise imposes sanctions with respect to North Korea.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Appropriate congressional committees"},{"t":"chapeau","text":"The term \u201cappropriate congressional committees\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Designated person"},{"t":"content","children":[{"t":"p","text":"The term \u201cdesignated person\u201d means a person designated under subsection (a), (b), or (g) of ","children":[{"t":"ref","text":"section 9214 of this title","href":"/us/usc/t22/s9214","tail":" for purposes of applying 1 or more of the sanctions described in subchapter I or II with respect to the person."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Foreign person"},{"t":"chapeau","text":"The term \u201cforeign person\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an entity that is not a United States person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Government of North Korea"},{"t":"content","children":[{"t":"p","text":"The term \u201cGovernment of North Korea\u201d means the Government of North Korea and its agencies, instrumentalities, and controlled entities.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Humanitarian assistance"},{"t":"content","children":[{"t":"p","text":"The term \u201chumanitarian assistance\u201d means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Intelligence community"},{"t":"content","children":[{"t":"p","text":"The term \u201cintelligence community\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 3003(4) of title 50","href":"/us/usc/t50/s3003/4","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Luxury goods"},{"t":"chapeau","text":"The term \u201cluxury goods\u201d\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has the meaning given such term in section 746.4(b)(1) of title 15, Code of Federal Regulations;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" includes the items listed in Supplement No. 1 to part 746 of such title, and any similar items; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" also includes any items so designated under an applicable United Nations Security Council resolution.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Monetary instruments"},{"t":"content","children":[{"t":"p","text":"The term \u201cmonetary instruments\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 5312(a) of title 31","href":"/us/usc/t31/s5312/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"North Korea"},{"t":"content","children":[{"t":"p","text":"The term \u201cNorth Korea\u201d means the Democratic People\u2019s Republic of Korea.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"North Korean financial institution"},{"t":"chapeau","text":"The term \u201cNorth Korean financial institution\u201d means any financial institution that\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is organized under the laws of North Korea or any jurisdiction within North Korea (including a foreign branch of such an institution);","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is located in North Korea, except for a financial institution that is excluded by the President in accordance with ","children":[{"t":"ref","text":"section 9228(c) of this title","href":"/us/usc/t22/s9228/c","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/12/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" is owned or controlled by the Government of North Korea, regardless of location; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/12/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" is owned or controlled by a financial institution described in subparagraph (A), (B), or (C), regardless of location.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"North Korean person"},{"t":"chapeau","text":"The term \u201cNorth Korean person\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/13/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a North Korean citizen or national; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/13/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an entity owned or controlled by the Government of North Korea or by a North Korean citizen or national.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Significant activities undermining cybersecurity"},{"t":"chapeau","text":"The term \u201csignificant activities undermining cybersecurity\u201d includes\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/14/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" significant efforts to\u2014"},{"t":"clause","id":"/us/usc/t22/s9202/14/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s9202/14/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" exfiltrate information from such a system or network without authorization;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/14/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" significant destructive malware attacks;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/14/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" significant denial of service activities; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/14/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" such other significant activities described in regulations promulgated to implement ","children":[{"t":"ref","text":"section 9214 of this title","href":"/us/usc/t22/s9214","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"South Korea"},{"t":"content","children":[{"t":"p","text":"The term \u201cSouth Korea\u201d means the Republic of Korea.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s9202/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"United States person"},{"t":"chapeau","text":"The term \u201cUnited States person\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s9202/16/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a United States citizen or an alien lawfully admitted for permanent residence to the United States; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s9202/16/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}