The North Korea Sanctions Enforcement Act of 2013 was a bill that increased the sanctions against North Korea for pursuing nuclear proliferation.
The bill was passed by the United States House of Representatives during the 113th United States Congress,
See main article: 2013 Korean crisis and North Korea–United States relations.
North Korea–United States relations developed primarily during the Korean War, but in recent years have been largely defined by North Korea's three tests of nuclear weapons, its development of long-range missiles capable of striking targets thousands of miles away, and its ongoing threats to strike the United States[1] and South Korea with nuclear weapons and conventional forces.[2] [3]
The 2013 Korean crisis, also referred to as the North Korean crisis by media, was an escalation of tensions between North Korea and South Korea, the United States, and Japan that began because of United Nations Security Council Resolution 2087, which condemned North Korea for the launch of Kwangmyŏngsŏng-3 Unit 2. The crisis was marked by extreme escalation of rhetoric by the new North Korean administration under Kim Jong-un and actions suggesting imminent nuclear attacks against South Korea, Japan, and the United States.[4]
According to a recent Gallup poll, North Korea is the most disliked nation in the United States, with only about 11% of Americans viewing North Koreans favorably.[5]
This summary is based largely on the summary provided by the Congressional Research Service, a public domain source.[6]
The North Korea Sanctions Enforcement Act of 2013 would direct the President to investigate credible information of sanctionable activities involving North Korea and to designate and apply sanctions with respect to any person (referred to as a "designated person" and includes business entities, nongovernmental organizations, and governmental entities operating as business enterprises) the President determines is knowingly:[6]
The bill would direct the President to designate and exercise IEEPA authorities with respect to the government of North Korea as well as any person or foreign government the President determines has been:[6]
The bill would authorize the President to exercise IEEPA authorities with respect to any foreign government or financial institution the President determines to be:[6]
The bill would set forth civil and criminal penalties under the IEEPA.[6]
The bill would establish the North Korea Enforcement and Humanitarian Fund in which assets subject to criminal, civil, or administrative forfeiture or penalties are to be deposited for the enforcement of this Act and to carry out humanitarian activities under the North Korean Human Rights Act of 2004.[6]
The bill would express the sense of Congress that the government of North Korea should be treated as a primary money laundering concern that may be required to undertake special measures with respect to the recordkeeping and reporting of certain financial transactions as well as the identification of customers or retention of information relating to certain beneficial ownership, payable-through, or correspondent accounts. Directs the Secretary of the Treasury to require domestic financial institutions to apply special measures to certain designated entities.[6]
The bill would direct domestic financial institutions to terminate various accounts maintained for persons, foreign governments, or financial institutions required to be designated as engaging in sanctionable activity under this Act and for foreign financial institutions providing services to such designated entities.[6]
The bill would prohibit a designated person that is a domestic financial institution from serving as a primary dealer in U.S. debt instruments or as a repository for U.S. funds.[6]
The bill would set forth authority for the President to prohibit certain foreign exchange and banking transactions, revoke transaction licenses, and direct the United States Secretary of State to deny visas to designated aliens.[6]
The bill would permit the President to impose sanctions against persons providing specialized financial messaging services to designated North Korean financial institutions.[6]
The bill would require a validated license for exports to North Korea under the Export Administration Act of 1979. Prohibits munitions and defense articles from being provided to North Korea under the Arms Export Control Act regardless of whether it is designated as a state sponsor of terrorism.[6]
The bill would bar U.S. government contracts from being provided to designated persons.[6]
The bill would authorize the seizure or forfeiture of vessels or aircraft used to facilitate sanctionable activities.[6]
The bill would direct the President to withhold assistance to the governments of countries providing defense articles or services to North Korea or receiving such articles or services from North Korea.[6]
The bill would set forth exceptions to designations under this Act and authorizes the President to waive designations and sanctions, for a period of up to one year, upon the President's submission to Congress of a determination that the waiver:[6]
The bill would direct issuers of financial securities regulated by the Securities and Exchange Commission (SEC) to disclose activities relating to North Korea in annual and quarterly reports.[6]
The bill would authorize state and local governments to divest assets and prohibit investments in companies that invest in North Korea.[6]
The bill would exempt North Korea from the jurisdictional immunity of foreign states, thereby enabling plaintiffs to seek certain damages against North Korea regardless of whether it is designated as a state sponsor of terrorism.[6]
This summary is based largely on the summary provided by the Congressional Budget Office, as ordered reported by the House Committee on Foreign Affairs on May 29, 2014. This is a public domain source.[7]
H.R. 1771 would expand existing sanctions against North Korea. The Congressional Budget Office (CBO) estimates that implementing the bill would cost $10 million over the 2015-2019 period, assuming appropriation of the estimated amounts. Pay-as-you-go procedures apply to this legislation because it would affect direct spending and revenues; however, CBO estimates that those effects would not be significant.[7]
Provisions of H.R. 1771 would increase administrative costs of the United States Department of State and the United States Department of the Treasury. Based on information from the Administration, CBO estimates that the departments would hire 10 additional employees to implement the bill and would require additional appropriations averaging $2 million a year over the 2015-2019 period.[7]
The North Korea Sanctions Enforcement Act of 2013 was introduced into the United States House of Representatives on April 26, 2013, by Rep. Edward R. Royce (R, CA-39).[8] The bill was referred to the United States House Committee on Foreign Affairs, the United States House Committee on Ways and Means, the United States House Committee on the Judiciary, the United States House Committee on Financial Services, the United States House Committee on Oversight and Government Reform, the United States House Ways and Means Subcommittee on Trade, and the United States House Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations. On July 28, 2014, the bill was reported (amended) alongside House Report 113-560 part 1.[8] The House voted on July 28, 2014, to pass the bill in a voice vote.[8]
Rep. Ed Royce, who introduced the bill, said that "by shutting down North Korea's illicit activities, we deprive the Kim regime of the money he needs to pay his generals and to conduct nuclear weapons research."[9] Royce also argued that "North Korea is undoubtedly one of the most significant security threats that we here face and our allies face."[9]
Rep. Gerry Connolly (D-VA) also supported the bill, arguing that "the U.S. will not and cannot allow an authoritarian regime to operate with impunity and threaten our national security and that of our allies."[9]
The North Korea Freedom Coalition supported the bill, encouraging Americans to contact their Members of Congress about the bill.[10] According to the organization, the bill "would impose tough, targeted financial sanctions on North Korean leaders who are responsible for crimes against humanity and would significantly decrease North Korea's profoundly egregious human rights abuses."[11]
An editorial in The Boston Globe called for the passage of the bill as a way for the United States to unilaterally "step up the pressure on this irresponsible regime."[12]