[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3522-S3527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 525. Mr. VAN HOLLEN (for himself, Mr. Toomey, Mr. Brown, Mr.
Portman, Mr. Gardner, and Mr. Markey) submitted an amendment intended
to be proposed by him to the bill S. 1790, to authorize appropriations
for fiscal year 2020 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of division A, add the following:
TITLE XVII--OTTO WARMBIER BANKING RESTRICTIONS INVOLVING NORTH KOREA
ACT OF 2019
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Otto Warmbier Banking
Restrictions Involving North Korea Act of 2019''.
Subtitle A--Sanctions With Respect to North Korea
SEC. 1711. FINDINGS.
Congress finds the following:
(1) Since 2006, the United Nations Security Council has
adopted 10 resolutions imposing sanctions against North Korea
under chapter VII of the United Nations Charter, which--
(A) prohibit the use, development, and proliferation of
weapons of mass destruction by North Korea;
(B) prohibit the supply, sale, or transfer of arms and
related materiel to or from North Korea;
(C) prohibit the transfer of luxury goods to North Korea;
(D) restrict access by North Korea to financial services
that could contribute to nuclear, missile, or other programs
related to the development of weapons of mass destruction;
(E) restrict North Korean shipping, including the
registration, reflagging, or insuring of North Korean ships;
(F) prohibit, with limited exceptions, North Korean exports
of coal, precious metals, iron, vanadium, and rare earth
minerals;
(G) prohibit the transfer to North Korea of rocket,
aviation, or jet fuel, as well as gasoline, condensates, and
natural gas liquids;
(H) prohibit new work authorization for North Korean
laborers and require the repatriation of all North Korean
laborers by December 2019;
(I) prohibit exports of North Korean food and agricultural
products, including seafood;
(J) prohibit joint ventures or cooperative commercial
entities or expanding joint ventures with North Korea;
(K) prohibit exports of North Korean textiles;
(L) require member countries of the United Nations to
seize, inspect, and impound any ship in its jurisdiction that
is suspected of violating Security Council resolutions with
respect to North Korea and to interdict and inspect all cargo
heading to or from North Korea by land, sea, or air;
(M) limit the transfer to North Korea of refined petroleum
products and crude oil;
(N) ban the sale or transfer to North Korea of industrial
machinery, transportation vehicles, electronics, iron, steel,
and other metals;
(O) reduce North Korean diplomatic staff numbers in member
countries of the United Nations and expel any North Korean
diplomats found to be working on behalf of a person subject
to sanctions or assisting in sanctions evasion;
(P) limit North Korean diplomatic missions abroad with
respect to staff size and access to banking privileges and
prohibit commerce from being conducted out of North Korean
consular or diplomatic offices;
(Q) require member states of the United Nations to close
representative offices, subsidiaries, and bank accounts in
North Korea;
(R) prohibit countries from providing or receiving military
training to or from North Korea or hosting North Koreans for
specialized teaching or training that could contribute to the
programs of North Korea related to the development of weapons
of mass destruction;
(S) ban countries from granting landing and flyover rights
to North Korean aircraft; and
(T) prohibit trade in statuary of North Korean origin.
(2) The Government of North Korea has threatened to carry
out nuclear attacks against the United States, South Korea,
and Japan.
(3) The Government of North Korea tested its sixth and
largest nuclear device on September 3, 2017.
(4) According to a report by the International Atomic
Energy Agency released in August 2018, ``The continuation and
further development of the DPRK's nuclear programme and
related statements by the DPRK are a cause for grave concern.
The DPRK's nuclear activities, including those in relation to
the Yongbyon Experimental Nuclear Power Plant (5 MW(e))
reactor, the use of the building which houses the reported
centrifuge enrichment facility and the construction at the
light water reactor, as well as the DPRK's sixth nuclear
test, are clear violations of relevant UN Security Council
resolutions, including resolution 2375 (2017) and are deeply
regrettable.''.
(5) In July 2018, Secretary of State Mike Pompeo testified
to the Committee on Foreign Relations of the Senate that
North Korea ``continue[s] to produce fissile material''
despite public pledges by North Korean leader Kim Jong-un to
denuclearize.
(6) The 2019 Missile Defense Review conducted by the
Department of Defense states that North Korea ``continues to
pose an extraordinary threat and the United States must
remain vigilant. In the past, North Korea frequently issued
explicit nuclear missile threats against the United States
and allies, all the while working aggressively to field the
capability to strike the U.S. homeland with nuclear-armed
ballistic missiles. Over the past decade, it has invested
considerable resources in its nuclear and ballistic missile
programs, and undertaken extensive nuclear and missile
testing in order to realize the capability to threaten the
U.S. homeland with missile attack. As a result, North Korea
has neared the time when it could credibly do so.''.
(7) Financial transactions and investments that provide
financial resources to the Government of North Korea, and
that fail to incorporate adequate safeguards against the
misuse of those financial resources, pose an undue risk of
contributing to--
(A) weapons of mass destruction programs of that
Government; and
(B) efforts to evade restrictions required by the United
Nations Security Council on imports or exports of arms and
related materiel, services, or technology by that Government.
(8) The Federal Bureau of Investigation has determined that
the Government of North Korea was responsible for
cyberattacks against entities in the United States, South
Korea, and around the world.
(9) In November 2017, President Donald Trump designated the
government of North Korea as a state sponsor of terrorism
pursuant to authorities under the Export Administration Act
of 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect
at the time under the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.)), the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), and the Arms Export Control
Act (22 U.S.C. 2751 et seq.);
(10) On February 22, 2018, the Secretary of State
determined that the Government of North Korea was responsible
for the lethal nerve agent attack in 2017 on Kim Jong Nam,
the half-brother of North Korean leader Kim Jong-un, in
Malaysia, triggering sanctions required under the Chemical
and Biological Weapons Control and Warfare Elimination Act of
1991 (22 U.S.C. 5601 et seq.).
(11) The strict enforcement of sanctions is essential to
the efforts of the international community to achieve the
peaceful, complete, verifiable, and irreversible
dismantlement of weapons of mass destruction programs of the
Government of North Korea.
SEC. 1712. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States is committed to working with its
allies and partners to halt the nuclear and ballistic missile
programs of North Korea through a policy of maximum pressure
and diplomatic engagement;
(2) the imposition of sanctions, including those under this
title, should not be construed to limit the authority of the
President to fully engage in diplomatic negotiations to
further the policy objective described in paragraph (1);
(3) the successful use of sanctions to halt the nuclear and
ballistic missile programs of North Korea is part of a
broader diplomatic and economic strategy that relies on
effective coordination among relevant Federal agencies and
officials, as well as with international partners of the
United States; and
(4) the coordination described in paragraph (3) should
include proper vetting of external messaging and
communications from all parts of the Executive branch to
ensure that those communications are an intentional component
of and aligned with the strategy of the United States with
respect to North Korea.
SEC. 1713. DEFINITIONS.
(a) In General.--In this subtitle, the terms ``applicable
Executive order'', ``applicable United Nations Security
Council resolution'', ``appropriate congressional
committees'', ``Government of North Korea'', ``North Korea'',
and ``North Korean financial institution'' have the meanings
given those terms in section 3 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9202), as
amended by subsection (b).
[[Page S3523]]
(b) Amendments to Definitions in North Korea Sanctions and
Policy Enhancement Act of 2016.--Section 3 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202)
is amended--
(1) in paragraph (1)(A), in the matter preceding clause
(i), by striking ``Executive Order No. 13694'' and all that
follows through ``to the extent that'' and inserting the
following: ``Executive Order 13694 (50 U.S.C. 1701 note;
relating to blocking the property of certain persons engaging
in significant malicious cyber-enabled activities), Executive
Order 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), or Executive Order 13810 (82 Fed.
Reg. 44705; relating to imposing additional sanctions with
respect to North Korea), to the extent that''; and
(2) in paragraph (2)(A), by striking ``or 2321 (2016)'' and
inserting ``2321 (2016), 2356 (2017), 2371 (2017), 2375
(2017), or 2397 (2017)''.
PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS
SEC. 1721. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO
CERTAIN SANCTIONED PERSONS.
(a) In General.--Title II of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is
amended by inserting after the item relating to section 201A
the following:
``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO
CERTAIN SANCTIONED PERSONS.
``(a) In General.--The Secretary of the Treasury shall
impose one or more of the sanctions described in subsection
(b) with respect to a foreign financial institution that the
Secretary determines, on or after the date that is 90 days
after the date of the enactment of the Otto Warmbier Banking
Restrictions Involving North Korea Act of 2019, knowingly
provides significant financial services to any person
designated for the imposition of sanctions under--
``(1) subsection (a) or (b) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council
resolution.
``(b) Sanctions Described.--The sanctions that may be
imposed with respect to a foreign financial institution
subject to subsection (a) are the following:
``(1) Asset blocking.--The Secretary may block and
prohibit, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of the foreign financial
institution 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) Restrictions on correspondent and payable-through
accounts.--The Secretary may prohibit, or impose strict
conditions on, the opening or maintaining in the United
States of a correspondent account or a payable-through
account by the foreign financial institution.
``(c) Implementation; Penalties.--
``(1) Implementation.--The President may exercise all
authorities provided 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.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
``(d) Regulations.--Not later than 180 days after the date
of the enactment of the Otto Warmbier Banking Restrictions
Involving North Korea Act of 2019, the President shall, as
appropriate, prescribe regulations to carry out this section.
``(e) Definitions.--In this section:
``(1) Account; correspondent account; payable-through
account.--The terms `account', `correspondent account', and
`payable-through account' have the meanings given those terms
in section 5318A of title 31, United States Code.
``(2) Financial institution.--The term `financial
institution' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (M), or (Y) of section 5312(a)(2) of title 31, United
States Code.
``(3) Foreign financial institution.--The term `foreign
financial institution' shall have the meaning of that term as
determined by the Secretary of the Treasury.
``(4) Knowingly.--The term `knowingly', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.''.
(b) Clerical Amendment.--The table of contents for the
North Korea Sanctions and Policy Enhancement Act of 2016 is
amended by inserting after the item relating to section 201A
the following:
``201B. Sanctions with respect to foreign financial institutions that
provide financial services to certain sanctioned
persons.''.
SEC. 1722. CODIFICATION OF EXECUTIVE ORDERS RELATING TO
SANCTIONS WITH RESPECT TO NORTH KOREA.
(a) In General.--Section 210 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9230) is
amended--
(1) by striking ``United States sanctions'' and all that
follows through ``the date of the enactment of this Act'' and
inserting ``United States sanctions provided for in Executive
Order 13687 (50 U.S.C. 1701 note; relating to imposing
additional sanctions with respect to North Korea), Executive
Order 13694 (50 U.S.C. 1701 note; relating to blocking the
property of certain persons engaging in significant malicious
cyber-enabled activities), Executive Order 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), or Executive Order 13810 (82 Fed. Reg. 44705;
relating to imposing additional sanctions with respect to
North Korea), as such Executive Orders are in effect on the
day before the date of the enactment of the Otto Warmbier
Banking Restrictions Involving North Korea Act of 2019'';
(2) by striking ``the Government of North Korea, persons
acting for or on behalf of that Government, and persons owned
or controlled, directly or indirectly, by that Government or
persons acting for or on behalf of that Government,'' and
inserting ``persons subject to such sanctions''; and
(3) by striking ``and 2094 (2013)'' and inserting ``2094
(2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017),
2375 (2017), and 2397 (2017)''.
(b) Conforming Amendment.--Section 210 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9230)
is amended in the section heading by striking ``sanctions
with respect to north korean activities undermining
cybersecurity'' and inserting ``executive orders relating to
sanctions with respect to north korea''.
(c) Clerical Amendment.--The table of contents for the
North Korea Sanctions and Policy Enhancement Act of 2016 is
amended by striking the item relating to section 210 and
inserting the following:
``Sec. 210. Codification of Executive orders relating to sanctions with
respect to North Korea.''.
SEC. 1723. EXPANSION OF MANDATORY DESIGNATIONS UNDER NORTH
KOREA SANCTIONS AND POLICY ENHANCEMENT ACT OF
2016.
(a) In General.--Section 104(a) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9214(a)) is amended--
(1) in paragraph (14), by striking ``or'' at the end;
(2) by redesignating paragraph (15) as paragraph (24);
(3) by inserting after paragraph (14) the following:
``(15) knowingly, directly or indirectly, purchases or
otherwise acquires from the Government of North Korea
significant quantities of coal, iron, or iron ore, except as
specifically approved by the United Nations Security Council;
``(16) knowingly, directly or indirectly, provides to North
Korea coal, iron, or iron ore;
``(17) knowingly, directly or indirectly, purchases or
otherwise acquires textiles from the Government of North
Korea, except as specifically approved by the United Nations
Security Council;
``(18) knowingly facilitates a significant transfer of
funds or property from the Government of North Korea that
materially contributes to any violation of an applicable
United Nations Security Council resolution;
``(19) knowingly, directly or indirectly, purchases or
otherwise acquires significant types or amounts of seafood
from North Korea, except as specifically approved by the
United Nations Security Council;
``(20) knowingly, directly or indirectly, engages in,
facilitates, or is responsible for the exportation of workers
from North Korea;
``(21) knowingly, directly or indirectly, sells or
transfers vessels to North Korea, except as specifically
approved by the United Nations Security Council;
``(22) knowingly, directly or indirectly, supplies, sells,
or transfers to North Korea crude oil or refined petroleum
products in excess of the aggregate amounts established in
applicable United Nations Security Council resolutions,
except as specifically approved by the United Nations
Security Council;
``(23) knowingly contributes to--
``(A) the bribery of an official of the Government of North
Korea or any person acting for or on behalf of that official;
``(B) the misappropriation, theft, or embezzlement of
public funds by, or for the benefit of, an official of the
Government of North Korea or any person acting for or on
behalf of that official; or
``(C) the use of any proceeds of any activity described in
subparagraph (A) or (B); or''; and
(4) in paragraph (24), as redesignated by paragraph (2), by
striking ``through (14)'' and inserting ``through (23)''.
(b) Conforming Amendments.--The North Korea Sanctions and
Policy Enhancement Act of 2016 is amended--
(1) in section 104(b)(1) (22 U.S.C. 9214(b)(1))--
(A) by striking subparagraphs (B), (D), (E), (F), and (L);
and
[[Page S3524]]
(B) by redesignating subparagraphs (C), (G), (H), (I), (J),
(K), (M), and (N) as subparagraphs (B), (C), (D), (E), (F),
(G), (H), and (I), respectively; and
(2) in section 302(b)(3) (22 U.S.C. 9241(b)(3)), by
striking ``section 104(b)(1)(M)'' and inserting ``section
104(a)(20)''.
SEC. 1724. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION
PREVENTION SANCTIONS.
Section 203(b)(2) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by
striking ``2 years'' and inserting ``5 years''.
SEC. 1725. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING
OF PROPERTY OF NORTH KOREAN OFFICIALS.
It is the sense of Congress that the President should--
(1) encourage international collaboration through the
Financial Action Task Force and its global network to utilize
its standards and apply means at its disposal to counter the
money laundering, terrorist financing, and proliferation
financing threats emanating from North Korea; and
(2) prioritize multilateral efforts to identify and block--
(A) any property owned or controlled by a North Korean
official; and
(B) any significant proceeds of kleptocracy by the
Government of North Korea or a North Korean official.
SEC. 1726. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED
NATIONS SECURITY COUNCIL RESOLUTIONS BY OTHER
GOVERNMENTS.
Section 317 of the Korean Interdiction and Modernization of
Sanctions Act (title III of Public Law 115-44; 131 Stat. 950)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for 5 years,'' and
inserting ``Not later than 180 days after the date of the
enactment of the Otto Warmbier Banking Restrictions Involving
North Korea Act of 2019, and annually thereafter for 5
years,'';
(B) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(C) by redesignating paragraph (4) as paragraph (8); and
(D) by inserting after paragraph (3) the following:
``(4) prohibit, in the territories of such countries or by
persons subject to the jurisdiction of such governments, the
opening of new joint ventures or cooperative entities with
North Korean persons or the expansion of existing joint
ventures through additional investments, whether or not for
or on behalf of the Government of North Korea, unless such
joint ventures or cooperative entities have been approved by
the Committee of the United Nations Security Council
established by United Nations Security Council Resolution
1718 (2006);
``(5) prohibit the unauthorized clearing of funds by North
Korean financial institutions through financial institutions
subject to the jurisdiction of such governments;
``(6) prohibit the unauthorized conduct of commercial trade
with North Korea that is prohibited under applicable United
Nations Security Council resolutions;
``(7) prevent the provision of financial services to North
Korean persons or the transfer of financial services to North
Korean persons to, through, or from the territories of such
countries or by persons subject to the jurisdiction of such
governments; or''; and
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees and
leadership.--The term `appropriate congressional committees
and leadership' means--
``(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
``(B) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
``(2) Applicable united nations security council
resolution; north korean financial institution; north korean
person.--The terms `applicable United Nations Security
Council resolution', `North Korean financial institution',
and `North Korean person' have the meanings given those terms
in section 3 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9202).''.
SEC. 1727. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF
BENEFICIAL OWNERSHIP RULES TO ACCESS THE
INTERNATIONAL FINANCIAL SYSTEM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall submit to the appropriate congressional committees a
report setting forth the findings of the Secretary regarding
how the Government of North Korea is exploiting laws with
respect to the beneficial owner of an entity in order to
access the international financial system.
(b) Elements.--The Secretary shall include in the report
required under subsection (a) proposals for such legislative
and administrative action as the Secretary considers
appropriate to combat the abuse by the Government of North
Korea of shell companies and other similar entities to avoid
or evade sanctions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART II--CONGRESSIONAL REVIEW AND OVERSIGHT
SEC. 1731. NOTIFICATION OF TERMINATION OR SUSPENSION OF
SANCTIONS.
Not less than 15 days before taking any action to terminate
or suspend the application of sanctions under this subtitle
or an amendment made by this subtitle, the President shall
notify the appropriate congressional committees of the
President's intent to take the action and the reasons for the
action.
SEC. 1732. REPORTS ON CERTAIN LICENSING ACTIONS.
(a) In General.--Not later than 180 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 on the operation of the system for
issuing licenses for transactions under covered regulatory
provisions during the preceding 180-day period that
includes--
(1) the number and types of such licenses applied for
during that period; and
(2) the number and types of such licenses issued during
that period.
(b) Covered Regulatory Provision Defined.--In this section,
the term ``covered regulatory provision'' means any of the
following provisions, as in effect on the day before the date
of the enactment of this Act and as such provisions relate to
North Korea:
(1) Part 743, 744, or 746 of title 15, Code of Federal
Regulations.
(2) Part 510 of title 31, Code of Federal Regulations.
(3) Any other provision of title 31, Code of Federal
Regulations.
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1733. BRIEFINGS ON IMPLEMENTATION AND ENFORCEMENT OF
SANCTIONS.
Not later than 90 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of the
Treasury shall provide to the appropriate congressional
committees a briefing on efforts relating to the
implementation and enforcement of United States sanctions
with respect to North Korea, including appropriate updates on
the efforts of the Department of the Treasury to address
compliance with such sanctions by foreign financial
institutions.
SEC. 1734. REPORT ON FINANCIAL NETWORKS AND FINANCIAL METHODS
OF THE GOVERNMENT OF NORTH KOREA.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2025, the President shall submit to the appropriate
congressional committees a report on sources of external
support for the Government of North Korea that includes--
(A) a description of the methods used by the Government of
North Korea to deal in, transact in, or conceal the
ownership, control, or origin of goods and services exported
by North Korea;
(B) an assessment of the relationship between the
proliferation of weapons of mass destruction by the
Government of North Korea and the financial industry or
financial institutions;
(C) an assessment of the relationship between the
acquisition by the Government of North Korea of military
expertise, equipment, and technology and the financial
industry or financial institutions;
(D) a description of the export by any person to the United
States of goods, services, or technology that are made with
significant amounts of North Korean labor, material, or
goods, including minerals, manufacturing, seafood, overseas
labor, or other exports from North Korea;
(E) an assessment of the involvement of any person in human
trafficking involving citizens or nationals of North Korea;
(F) a description of how the President plans to address the
flow of funds generated by activities described in
subparagraphs (A) through (E), including through the use of
sanctions or other means;
(G) an assessment of the extent to which the Government of
North Korea engages in criminal activities, including money
laundering, to support that Government;
(H) information relating to the identification, blocking,
and release of property described in section 201B(b)(1) of
the North Korea Sanctions and Policy Enhancement Act of 2016,
as added by section 1721;
(I) a description of the metrics used to measure the
effectiveness of law enforcement and diplomatic initiatives
of Federal, State, and foreign governments to comply with the
provisions of applicable United Nations Security Council
resolutions; and
(J) an assessment of the effectiveness of programs within
the financial industry to ensure compliance with United
States sanctions, applicable United Nations Security Council
resolutions, and applicable Executive orders.
(2) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Interagency Coordination.--The President shall ensure
that any information collected pursuant to subsection (a) is
shared among the Federal departments and agencies involved in
investigations described in section 102(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9212(b)).
SEC. 1735. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO
TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF
CERTAIN ITEMS TO NORTH KOREA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act,
[[Page S3525]]
and annually thereafter through 2023, the Director of
National Intelligence shall submit to the President, the
Secretary of Defense, the Secretary of Commerce, the
Secretary of State, the Secretary of the Treasury, and the
appropriate congressional committees a report that identifies
all countries that the Director determines are of concern
with respect to transshipment, reexportation, or diversion of
items subject to the provisions of the Export Administration
Regulations under subchapter C of chapter VII of title 15,
Code of Federal Regulations, to an entity owned or controlled
by the Government of North Korea.
(b) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART III--GENERAL MATTERS
SEC. 1741. RULEMAKING.
The President shall prescribe such rules and regulations as
may be necessary to carry out this subtitle and amendments
made by this subtitle.
SEC. 1742. AUTHORITY TO CONSOLIDATE REPORTS.
(a) In General.--Any and all reports required to be
submitted to the appropriate congressional committees under
this subtitle or an amendment made by this subtitle that are
subject to a deadline for submission consisting of the same
unit of time may be consolidated into a single report that is
submitted pursuant to that deadline.
(b) Contents.--Any reports consolidated under subsection
(a) shall contain all information required under this
subtitle or an amendment made by this subtitle and any other
elements that may be required by existing law.
SEC. 1743. WAIVERS, EXEMPTIONS, AND TERMINATION.
(a) Application and Modification of Exemptions and Waivers
From North Korea Sanctions and Policy Enhancement Act of
2016.--Section 208 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9228) is amended--
(1) by inserting ``201B,'' after ``201A,'' each place it
appears; and
(2) in subsection (c), by inserting ``, not less than 15
days before the waiver takes effect,'' after ``if the
President''.
[(b) Exception Relating to Importation of Goods.--]
[(1) In general.--No provision affecting sanctions under
this subtitle or an amendment made by this subtitle shall
apply to sanctions on the importation of goods.]
[(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.]
(c) Suspension.--
(1) In general.--Subject to section 1731, any requirement
to impose sanctions under this subtitle or the amendments
made by this subtitle, and any sanctions imposed pursuant to
this subtitle or any such amendment, may be suspended for up
to one year if the President makes the certification
described in section 401 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9251) to the
appropriate congressional committees.
(2) Renewal.--A suspension under paragraph (1) may be
renewed in accordance with section 401(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9251(b)).
(d) Termination.--Subject to section 1731, any requirement
to impose sanctions under this subtitle or the amendments
made by this subtitle, and any sanctions imposed pursuant to
this subtitle or any such amendment, shall terminate on the
date on which the President makes the certification described
in section 402 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9252).
SEC. 1744. PROCEDURES FOR REVIEW OF CLASSIFIED INFORMATION.
(a) In General.--If a finding under this subtitle or an
amendment made by this subtitle, a prohibition, condition, or
penalty imposed as a result of any such finding, or a penalty
imposed under this subtitle or an amendment made by this
subtitle, is based on classified information (as defined in
section 1(a) of the Classified Information Procedures Act (18
U.S.C. App.)) and a court reviews the finding or the
imposition of the prohibition, condition, or penalty, the
Secretary of the Treasury may submit such information to the
court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of
any finding under this subtitle or an amendment made by this
subtitle, any prohibition, condition, or penalty imposed as a
result of any such finding, or any penalty imposed under this
subtitle or an amendment made by this subtitle.
SEC. 1745. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Treasury shall provide to the
appropriate congressional committees a briefing on--
(1) the resources allocated by the Department of the
Treasury to support each sanctions program administered by
the Department; and
(2) recommendations for additional authorities or resources
necessary to expand the capacity or capability of the
Department related to implementation and enforcement of such
programs.
SEC. 1746. BRIEFING ON PROLIFERATION FINANCING.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall provide to the appropriate congressional committees a
briefing on addressing proliferation finance.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) The Department of the Treasury's definition and
description of an appropriate risk-based approach to
combating financing of the proliferation of weapons of mass
destruction.
(2) An assessment of--
(A) Federal financial regulatory agency oversight,
including by the Financial Crimes Enforcement Network, of
United States financial institutions and the adoption by
their foreign subsidiaries, branches, and correspondent
institutions of a risk-based approach to proliferation
financing; and
(B) whether financial institutions in foreign jurisdictions
known by the United States intelligence and law enforcement
communities to be jurisdictions through which North Korea
moves substantial sums of licit and illicit finance are
applying a risk-based approach to proliferation financing,
and if that approach is comparable to the approach required
by United States financial institution supervisors.
(3) A survey of the technical assistance the Office of
Technical Assistance of the Department of the Treasury, and
other appropriate Executive branch offices, currently provide
foreign institutions on implementing counter-proliferation
financing best practices.
(4) An assessment of the ability of foreign subsidiaries,
branches, and correspondent institutions of United States
financial institutions to implement a risk-based approach to
proliferation financing.
Subtitle B--Divestment From North Korea
SEC. 1751. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST
FROM COMPANIES THAT INVEST IN NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that
the United States should support the decision of any State or
local government made for moral, prudential, or reputational
reasons, to divest from, or prohibit the investment of assets
of the State or local government in, a person that engages in
investment activities described in subsection (c) if North
Korea is subject to economic sanctions imposed by the United
States or the United Nations Security Council.
(b) Authority To Divest.--Notwithstanding any other
provision of law, a State or local government may adopt and
enforce measures that meet the requirements of subsection (d)
to divest the assets of the State or local government from,
or prohibit investment of the assets of the State or local
government in, any person that the State or local government
determines, using credible information available to the
public, engages in investment activities described in
subsection (c).
(c) Investment Activities Described.--Investment activities
described in this subsection are activities of a value of
more than $10,000 relating to an investment in North Korea or
in goods or services originating in North Korea that are not
conducted pursuant to a license issued by the Department of
the Treasury.
(d) Requirements.--Any measure taken by a State or local
government under subsection (b) shall meet the following
requirements:
(1) Notice.--The State or local government shall provide
written notice to each person with respect to which a measure
under this section is to be applied.
(2) Timing.--The measure applied under this section shall
apply to a person not earlier than the date that is 90 days
after the date on which written notice under paragraph (1) is
provided to the person.
(3) Opportunity to demonstrate compliance.--
(A) In general.--The State or local government shall
provide to each person with respect to which a measure is to
be applied under this section an opportunity to demonstrate
to the State or local government that the person does not
engage in investment activities described in subsection (c).
(B) Nonapplication.--If a person with respect to which a
measure is to be applied under this section demonstrates to
the State or local government under subparagraph (A) that the
person does not engage in investment activities described in
subsection (c), the measure shall not apply to that person.
(4) Sense of congress on avoiding erroneous targeting.--It
is the sense of Congress that a State or local government
should not adopt a measure under subsection (b) with respect
to a person unless the State or local government has--
(A) made every effort to avoid erroneously targeting the
person; and
(B) verified that the person engages in investment
activities described in subsection (c).
(e) Notice to Department of Justice.--Not later than 30
days before a State or local government applies a measure
under this section, the State or local government shall
notify the Attorney General of that measure.
(f) Authorization for Prior Applied Measures.--
[[Page S3526]]
(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, a State or local
government may enforce a measure (without regard to the
requirements of subsection (d), except as provided in
paragraph (2)) applied by the State or local government
before the date of the enactment of this Act that provides
for the divestment of assets of the State or local government
from, or prohibits the investment of the assets of the State
or local government in, any person that the State or local
government determines, using credible information available
to the public, engages in investment activities described in
subsection (c) that are identified in that measure.
(2) Application of notice requirements.--A measure
described in paragraph (1) shall be subject to the
requirements of paragraphs (1), (2), and (3)(A) of subsection
(d) on and after the date that is 2 years after the date of
the enactment of this Act.
(g) No Preemption.--A measure applied by a State or local
government that is consistent with subsection (b) or (f) is
not preempted by any Federal law.
(h) Definitions.--In this section:
(1) Asset.--
(A) In general.--Except as provided in subparagraph (B),
the term ``asset'' means public monies, and includes any
pension, retirement, annuity, endowment fund, or similar
instrument, that is controlled by a State or local
government.
(B) Exception.--The term ``asset'' does not include
employee benefit plans covered by title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et
seq.).
(2) Investment.--The term ``investment'' includes--
(A) a commitment or contribution of funds or property;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for goods or
services.
(i) Effective Date.--
(1) In general.--Except as provided in paragraph (2) and
subsection (f), this section applies to measures applied by a
State or local government before, on, or after the date of
the enactment of this Act.
(2) Notice requirements.--Except as provided in subsection
(f), subsections (d) and (e) apply to measures applied by a
State or local government on or after the date of the
enactment of this Act.
SEC. 1752. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY
ASSET MANAGERS.
Section 13(c)(1) of the Investment Company Act of 1940 (15
U.S.C. 80a-13(c)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) engage in investment activities described in section
1751(c) of the Otto Warmbier Banking Restrictions Involving
North Korea Act of 2019.''.
SEC. 1753. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN
INVESTMENTS.
It is the sense of Congress that--
(1) a fiduciary of an employee benefit plan, as defined in
section 3(3) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or
avoid investing plan assets in, any person the fiduciary
determines engages in investment activities described in
section 1751(c), if--
(A) the fiduciary makes that determination using credible
information that is available to the public; and
(B) the fiduciary prudently determines that the result of
that divestment or avoidance of investment would not be
expected to provide the employee benefit plan with--
(i) a lower rate of return than alternative investments
with commensurate degrees of risk; or
(ii) a higher degree of risk than alternative investments
with commensurate rates of return; and
(2) by divesting assets or avoiding the investment of
assets as described in paragraph (1), the fiduciary is not
breaching the responsibilities, obligations, or duties
imposed upon the fiduciary by subparagraph (A) or (B) of
section 404(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1104(a)(1)).
SEC. 1754. RULE OF CONSTRUCTION.
Nothing in this subtitle, an amendment made by this
subtitle, or any other provision of law authorizing sanctions
with respect to North Korea shall be construed to affect or
displace--
(1) the authority of a State or local government to issue
and enforce rules governing the safety, soundness, and
solvency of a financial institution subject to its
jurisdiction; or
(2) the regulation and taxation by the several States of
the business of insurance, pursuant to the Act of March 9,
1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.)
(commonly known as the ``McCarran-Ferguson Act'').
Subtitle C--Financial Industry Guidance to Halt Trafficking
SEC. 1761. SHORT TITLE.
This subtitle may be cited as the ``Financial Industry
Guidance to Halt Trafficking Act'' or the ``FIGHT Act''.
SEC. 1762. FINDINGS.
Congress finds the following:
(1) The terms ``human trafficking'' and ``trafficking in
persons'' are used interchangeably to describe crimes
involving the exploitation of a person for the purposes of
compelled labor or commercial sex through the use of force,
fraud, or coercion.
(2) According to the International Labour Organization,
there are an estimated 24,900,000 people worldwide who are
victims of forced labor, including human trafficking victims
in the United States.
(3) Human trafficking is perpetrated for financial gain.
(4) According to the International Labour Organization, of
the estimated $150,000,000,000 or more in global profits
generated annually from human trafficking--
(A) approximately \2/3\ are generated by commercial sexual
exploitation, exacted by fraud or by force; and
(B) approximately \1/3\ are generated by forced labor.
(5) Most purchases of commercial sex acts are paid for with
cash, making trafficking proceeds difficult to identify in
the financial system. Nonetheless, traffickers rely heavily
on access to financial institutions as destinations for
trafficking proceeds and as conduits to finance every step of
the trafficking process.
(6) Under section 1956 of title 18, United States Code
(relating to money laundering), human trafficking is a
``specified unlawful activity'' and transactions conducted
with proceeds earned from trafficking people, or used to
further trafficking operations, can be prosecuted as money
laundering offenses.
SEC. 1763. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should aggressively apply, as
appropriate, existing sanctions for human trafficking
authorized under section 111 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7108);
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury should continue--
(A) to monitor reporting required under subchapter II of
chapter 53 of title 31, United States Code (commonly known as
the ``Bank Secrecy Act'') and to update advisories, as
warranted;
(B) to periodically review its advisories to provide
covered financial institutions, as appropriate, with a list
of new ``red flags'' for identifying activities of concern,
particularly human trafficking;
(C) to encourage entities covered by the advisories
described in subparagraph (B) to incorporate relevant
elements provided in the advisories into their current
transaction and account monitoring systems or in policies,
procedures, and training on human trafficking to enable
financial institutions to maintain ongoing efforts to examine
transactions and accounts;
(D) to use geographic targeting orders, as appropriate, to
impose additional reporting and recordkeeping requirements
under section 5326(a) of title 31, United States Code, to
carry out the purposes of, and prevent evasions of the Bank
Secrecy Act; and
(E) to utilize the Bank Secrecy Act Advisory Group and
other relevant entities to identify opportunities for
nongovernmental organizations to share relevant actionable
information on human traffickers' use of the financial sector
for nefarious purposes;
(3) Federal banking regulators, the Department of the
Treasury, relevant law enforcement agencies, and the Human
Smuggling and Trafficking Center, in partnership with
representatives from the United States financial community,
should adopt regular forms of sharing information to disrupt
human trafficking, including developing protocols and
procedures to share actionable information between and
amongst covered institutions, law enforcement, and the United
States intelligence community;
(4) training front line bank and money service business
employees, school teachers, law enforcement officers, foreign
service officers, counselors, and the general public is an
important factor in identifying trafficking victims;
(5) the Department of Homeland Security's Blue Campaign,
training by the BEST Employers Alliance, and similar efforts
by industry, human rights, and nongovernmental organizations
focused on human trafficking provide good examples of current
efforts to educate employees of critical sectors to save
victims and disrupt trafficking networks;
(6) the President should intensify diplomatic efforts,
bilaterally and in appropriate international fora, such as
the United Nations, to develop and implement a coordinated,
consistent, multilateral strategy for addressing the
international financial networks supporting human
trafficking; and
(7) in deliberations between the United States Government
and any foreign country, including through participation in
the Egmont Group of Financial Intelligence Units, regarding
money laundering, corruption, and transnational crimes, the
United States Government should--
(A) encourage cooperation by foreign governments and
relevant international fora in identifying the extent to
which the proceeds from human trafficking are being used to
facilitate terrorist financing, corruption, or other illicit
financial crimes;
(B) encourage cooperation by foreign governments and
relevant international fora in identifying the nexus between
human trafficking and money laundering;
(C) advance policies that promote the cooperation of
foreign governments, through information sharing, training,
or other measures, in the enforcement of this subtitle;
[[Page S3527]]
(D) encourage the Financial Action Task Force to update its
July 2011 typology reports entitled, ``Laundering the
Proceeds of Corruption'' and ``Money Laundering Risks Arising
from Trafficking in Human Beings and Smuggling of Migrants'',
to identify the money laundering risk arising from the
trafficking of human beings; and
(E) encourage the Egmont Group of Financial Intelligence
Units to study the extent to which human trafficking
operations are being used for money laundering, terrorist
financing, or other illicit financial purposes.
SEC. 1764. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE.
(a) Functions.--Section 312(a)(4) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to human
trafficking;''.
(b) Interagency Coordination.--Section 312(a) of such title
is amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of the
Treasury, after consultation with the Undersecretary for
Terrorism and Financial Crimes, shall designate an office
within the OTFI that shall coordinate efforts to combat the
illicit financing of human trafficking with--
``(A) other offices of the Department of the Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat Trafficking in
Persons of the Department of State; and
``(ii) the Interagency Task Force to Monitor and Combat
Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
SEC. 1765. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING
AND OTHER FINANCIAL TOOLS IN COMBATING HUMAN
TRAFFICKING.
(a) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Interagency Task Force to
Monitor and Combat Trafficking shall submit to the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Foreign Relations, and the Committee on the Judiciary of the
Senate, the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives, the Secretary of the Treasury, and
each appropriate Federal banking agency--
(A) an analysis of anti-money laundering efforts of the
United States Government, United States financial
institutions, and multilateral development banks related to
human trafficking; and
(B) appropriate legislative, administrative, and other
recommendations to strengthen efforts against money
laundering relating to human trafficking.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) best practices based on successful anti-human
trafficking programs currently in place at domestic and
international financial institutions that are suitable for
broader adoption;
(B) feedback from stakeholders, including victims of severe
trafficking in persons, advocates of persons at risk of
becoming victims of severe forms of trafficking in persons,
the United States Advisory Council on Human Trafficking,
civil society organizations, and financial institutions on
policy proposals derived from the analysis conducted by the
task force referred to in paragraph (1) that would enhance
the efforts and programs of financial institutions to detect
and deter money laundering related to human trafficking,
including any recommended changes to internal policies,
procedures, and controls related to human trafficking;
(C) any recommended changes to training programs at
financial institutions to better equip employees to deter and
detect money laundering related to human trafficking; and
(D) any recommended changes to expand human trafficking-
related information sharing among financial institutions and
between such financial institutions, appropriate law
enforcement agencies, and appropriate Federal agencies.
(b) Additional Reporting Requirement.--Section 105(d)(7) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)(7)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial Services,''
after ``the Committee on Foreign Affairs''; and
(B) by inserting ``the Committee on Banking, Housing, and
Urban Affairs,'' after ``the Committee on Foreign
Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate money
laundering related to human trafficking and the number of
investigations, arrests, indictments, and convictions in
money laundering cases with a nexus to human trafficking.''.
(c) Required Review of Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Federal
Financial Institutions Examination Council, in consultation
with the Secretary of the Treasury, victims of severe forms
of trafficking in persons, advocates of persons at risk of
becoming victims of severe forms of trafficking in persons,
the United States Advisory Council on Trafficking, civil
society organizations, the private sector, and appropriate
law enforcement agencies, shall--
(1) review and enhance training and examinations procedures
to improve the surveillance capabilities of anti-money
laundering and countering the financing of terrorism programs
to detect human trafficking-related financial transactions;
(2) review and enhance procedures for referring potential
human trafficking cases to the appropriate law enforcement
agency; and
(3) determine, as appropriate, whether requirements for
financial institutions and covered financial institutions are
sufficient to detect and deter money laundering related to
human trafficking.
(d) Limitations.--Nothing in this section shall be
construed to--
(1) grant rulemaking authority to the Interagency Task
Force to Monitor and Combat Trafficking; or
(2) authorize financial institutions to deny services to or
violate the privacy of victims of trafficking, victims of
severe forms of trafficking, or individuals not responsible
for promoting severe forms of trafficking in persons.
SEC. 1766. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN
TRAFFICKING.
It is the sense of Congress that--
(1) adequate funding should be provided for critical
Federal efforts to combat human trafficking;
(2) the Department of the Treasury should have the
appropriate resources to vigorously investigate human
trafficking networks under section 111 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7108) and other
relevant statutes and Executive orders;
(3) the Department of the Treasury and the Department of
Justice should each have the capacity and appropriate
resources to support technical assistance to develop foreign
partners' ability to combat human trafficking through strong
national anti-money laundering and countering the financing
of terrorism programs;
(4) each United States Attorney's Office should be provided
appropriate funding to increase the number of personnel for
community education and outreach and investigative support
and forensic analysis related to human trafficking; and
(5) the Department of State should be provided additional
resources, as necessary, to carry out the Survivors of Human
Trafficking Empowerment Act (section 115 of Public Law 114-
22; 129 Stat. 243).
Subtitle D--Miscellaneous
SEC. 1771. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title or any amendment made by this
title shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
______