WASHINGTON, DC – U.S. Senator Bob Menendez (D-NJ), author of the North Korea Sanctions Act of 2015, today announced new legislation to strengthen and expand sanctions against the Kim regime and those who might wish to assist them. The bipartisan legislation was taken up and approved by the Senate Foreign Relations Committee this morning as a substitute amendment to H.R. 757, the North Korea Sanctions Enforcement Act and now moves to be considered by the full Senate.

Brokered by Senators Menendez and Cory Gardner (R-CO), this legislation is comprised of a series of mandatory and discretionary financial sanctions and comes after North Korea conducted its 4th nuclear test on January 6th, 2016 – a test it claims was a hydrogen bomb. Regardless of the truth of the claim, the test represents another alarming step forward in its nuclear program and merits a firm response. North Korea remains a significant threat to regional and global stability, has repeatedly violated its commitments to end and dismantle its nuclear weapons development program, and perpetrates brutal oppression on its people.

“Whether it is nuclear proliferation, cyber-attacks or human rights violations committed against its own people, North Korea’s regime -- and now its trading partners -- will know that the United States will not stand for it,” said Senator Menendez. “We’ve taken an important step today, but the enactment of this bipartisan legislation would represent the most meaningful and comprehensive response toward addressing the threat that North Korea presents to our national security interests and the security interests of our friends and allies. I thank Senator Gardner, Chairman Corker and Ranking Member Cardin for helping broker compromise language that builds upon the good work in the House version to target not only banned and illicit activities but also Pyongyang's trade in key industrial commodities, sending an unambiguous signal that any regime that oppresses its people, threatens its neighbors, and violates international will, is going to pay a high price.”

The Gardner-Menendez substitute amendment to the North Korea Sanctions Enhancement Act of 2016 would strengthen and expand sanctions against the regime in North Korea by:

  • Requiring the President to investigate any person who knowingly imports into North Korea (DPRK) any goods, technology, service, training, or advice regarding weapons of mass destruction and their delivery; knowingly imports luxury goods into North Korea; knowingly engages in serious human rights abuses by the Government of North Korea; knowingly engages in money laundering, counterfeiting, cash smuggling, narcotics trafficking that supports the Government of North Korea or any DPRK senior official; or, knowingly engages in cyber-terrorism or cyber-vandalism.
  • Requiring a report that identifies severe human rights abusers in North Korea and requires the President to designate any person listed in the report.
  • Codifying and making mandatory cybersecurity sanctions on North Korea under Executive Order 13687 and Executive Order 13694, until the President submits to Congress a certification that the government of North Korea is no longer engaged in the illicit activities described in such executive orders. The legislation also requires a report on cybersecurity strategy.
  • Requiring the President to apply sanctions for those deemed to have undertaken prohibited activities, including special measures; prohibit transactions in foreign exchange, transfers of credit or payments between financial institutions; block assets or transaction in property and interests; or revoke any license for transaction. The legislation allows for the forfeiture of property.
  • Requiring a validation license to export certain goods and technology and bars export of lethal military equipment to North Korea; bans foreign assistance to any country that provides lethal military equipment to North Korea; and bars persons or entities designated for facilitating North Korea’s destructive policies from receiving U.S. government contracts.
  • Providing a carve-out (and waiver) for internationally recognized humanitarian organizations engaged in financial transaction relating to humanitarian assistance, transportation of goods and services, and any incidental contacts.
  • Authorizing for each fiscal year 2017 through 2021 $3,000,000 to carry out radio broadcasting to North Korea and $2,000,000 to carry out the mandatory blocking sanctions on designated persons and for humanitarian assistance.
  • Allowing the President to waive any portion of the act, on a case by case basis, if it is in the national security interests of the U.S. or if it is for the implementation of an important law enforcement purpose.

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