[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5532 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5532

   To provide for the imposition of sanctions with respect to North 
          Korea's support for Russia's illegal war in Ukraine.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2023

Mr. Connolly (for himself and Mr. Wilson of South Carolina) introduced 
  the following bill; which was referred to the Committee on Foreign 
 Affairs, and in addition to the Committees on the Judiciary, Ways and 
  Means, Financial Services, and Oversight and Accountability, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To provide for the imposition of sanctions with respect to North 
          Korea's support for Russia's illegal war in Ukraine.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Russia-North Korea Cooperation 
Sanctions Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On February 24, 2022, the Government of the Russian 
        Federation, led by Vladimir Putin, launched an unprovoked, 
        full-scale invasion of Ukraine.
            (2) On September 13, 2023, the Supreme Leader of the 
        Democratic People's Republic of Korea (North Korea), Kim Jong 
        Un, met with Russian Federation President Vladimir Putin to 
        discuss the transfer or sale of conventional arms to Russia to 
        be used in invasion of Ukraine's sovereign territory in 
        exchange for economic assistance and support for North Korea's 
        space, nuclear, and missile programs.
            (3) Kim Jong Un's trip to Russia will be his first known 
        travel outside North Korea since the Covid-19 pandemic and 
        subsequent lockdown of North Korea in early 2020.
            (4) North Korea maintains an arsenal of artillery shells, 
        rockets, and other conventional military equipment that it may 
        provide to Russia.
            (5) If Russia or Russian State-backed entities are 
        acquiring arms and related materiel from North Korea, such 
        actions would violate United Nations Security Council 
        resolutions, which were supported by Russia to prohibit North 
        Korea from exporting such items.
            (6) On August 16, 2023, the Department of the Treasury 
        imposed sanctions on three entities tied to a sanctions evasion 
        network attempting to support arms deals between Russia and 
        North Korea.

SEC. 3. SANCTIONS.

    (a) In General.--The President shall impose sanctions described in 
subsection (b) with respect to the following:
            (1) Any foreign person that is responsible for or 
        facilitates the transfer or sale of arms or material support 
        from North Korea to be used in Russia's illegal war in Ukraine.
            (2) Any foreign person that knowingly, directly or 
        indirectly, imports, exports, or reexports to, into, or from 
        North Korea any goods services or technology for weapons that 
        may be used by Russian forces or their proxies in Russia's 
        illegal war in Ukraine.
            (3) Any foreign financial institution that knowingly 
        facilitates a significant transaction or provides significant 
        financial services for a foreign person described in paragraph 
        (1) or (2).
            (4) Any foreign person that engages in a significant 
        transaction related to the transfer or sale of arms or material 
        support with a foreign person described in paragraph (1) or (2) 
        or foreign financial institution described in paragraph (3).
            (5) Any foreign person assisting in the logistical supply 
        and movement of North Korean arms or material support to be 
        used in Russia's illegal war in Ukraine.
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Blocking of property.--Notwithstanding the requirements 
        of section 202 of the International Emergency Economic Powers 
        Act (50 U.S.C. 1701), the President may exercise of all powers 
        granted to the President by that Act to the extent necessary to 
        block and prohibit all transactions in all property and 
        interests in property of the foreign person 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.
            (2) Visas, admission, or parole.--
                    (A) In general.--An alien who the Secretary of 
                State or the Secretary of Homeland Security (or a 
                designee of one of such Secretaries) knows, or has 
                reason to believe, is described in subsection (a) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible for a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The issuing consular 
                        officer, the Secretary of State, or the 
                        Secretary of Homeland Security (or a designee 
                        of one of such Secretaries) shall, in 
                        accordance with section 221(i) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1201(i)), revoke any visa or other entry 
                        documentation issued to an alien described in 
                        subparagraph (A) regardless of when the visa or 
                        other entry documentation is issued.
                            (ii) Effect of revocation.--A revocation 
                        under clause (i)--
                                    (I) shall take effect immediately; 
                                and
                                    (II) shall automatically cancel any 
                                other valid visa or entry documentation 
                                that is in the alien's possession.
    (c) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) to carry out this section.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of regulations promulgated to carry out this 
        section to the same extent that such penalties apply to a 
        person that commits an unlawful act described in section 206(a) 
        of that Act.
    (d) Waiver.--The President may waive the application of sanctions 
imposed with respect to a foreign person or foreign financial 
institution under this section if the President certifies to the 
appropriate congressional committees not later than 15 days before such 
waiver is to take effect that the waiver is vital to the national 
security interests of the United States.
    (e) Exception for Humanitarian Assistance.--An internationally 
recognized humanitarian organization shall not be subject to sanctions 
under this section with respect to--
            (1) engaging in a financial transaction relating to 
        humanitarian assistance or for humanitarian purposes pursuant 
        to a waiver issued under subsection (d);
            (2) transporting goods or services that are necessary to 
        carry out operations relating to humanitarian assistance or 
        humanitarian purposes pursuant to such a waiver issued under 
        subsection (d); or
            (3) having merely incidental contact, in the course of 
        providing humanitarian assistance or aid for humanitarian 
        purposes pursuant to a waiver issued under subsection (d) with 
        individuals who are under the control of a foreign person 
        subject to sanctions under this section.

SEC. 4. EXPANSION OF NORTH KOREA SANCTIONS AND POLICY ENHANCEMENT ACT 
              OF 2016.

    The North Korea Sanctions and Policy Enhancement Act of 2016 is 
amended as follows:
            (1) In section 401(a) (22 U.S.C. 9251(a))--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) halting material support (as such term is defined in 
        section 6 of the Stopping the Transfer of Pyongyang's 
        Proliferation to Enhance Russia Act) for Russia's illegal war 
        in Ukraine.''.
            (2) In section 402(2) (22 U.S.C. 9252(2))--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E)(ii), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) halting material support (as such term is 
                defined in section 6 of the Stopping the Transfer of 
                Pyongyang's Proliferation to Enhance Russia Act) for 
                Russia's illegal war in Ukraine.''.

SEC. 5. REPORT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and every 180 days thereafter, the President 
shall submit to the appropriate congressional committees a report that 
describes significant activities by the Democratic People's Republic of 
Korea to support the Russian Federation and its proxies in Russia's 
illegal war in Ukraine.
    (b) Matters To Be Included.--The report required by this section 
shall include the following:
            (1) The identity and nationality of foreign persons and 
        foreign financial institutions that are subject to sanctions 
        under section 3.
            (2) A description of the conduct engaged in by such persons 
        and institutions.
            (3) An assessment of the extent to which a foreign 
        government has provided material support to the Government of 
        North Korea or any person acting for or on behalf of that 
        Government to conduct significant activities to materially 
        support Russia's illegal war in Ukraine.
            (4) A United States strategy to counter North Korea's 
        efforts to conduct significant activities to support Russia's 
        war in Ukraine, that includes efforts to engage foreign 
        governments to halt the capability of the Government of North 
        Korea and persons acting for or on behalf of that Government to 
        conduct significant activities supporting Russia's illegal war 
        in Ukraine.
    (c) Form.--The report required by this section shall be submitted 
in unclassified form, but may include a classified annex.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Foreign financial institution.--The term ``foreign 
        financial institution''--
                    (A) has the meaning given that term in section 
                1010.605 of title 31, Code of Federal Regulations; and
                    (B) includes a foreign central bank.
            (3) Material support.--The term ``material support'' has 
        the meaning given the term ``material support or resources'' in 
        section 2339A of title 18, United States Code.
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