H.R. 2622 — Russia-North Korea Cooperation Sanctions Act

This section states six congressional findings concerning Russia's unprovoked invasion of Ukraine on February 24, 2022; a September 13, 2023, meeting between Russian President Vladimir Putin and North Korean leader Kim Jong Un to discuss North Korean conventional arms transfers to Russia for use in Ukraine in exchange for Russian support of North Korea's space, nuclear, and missile programs; North Korea's arsenal of artillery shells, rockets, and other conventional military equipment; the violation of UN Security Council resolutions—supported by Russia—that prohibit such North Korean exports; and U.S. Treasury sanctions imposed on August 16, 2023, against entities tied to Russia-North Korea arms deals.

This section directs the President to impose blocking sanctions under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. 1701 et seq.)—notwithstanding IEEPA's national emergency declaration requirement (50 U.S.C. 1701)—and visa restrictions on (1) foreign persons responsible for or facilitating transfers or sales of arms or material support from North Korea for use in Russia's war in Ukraine; (2) foreign persons that knowingly import, export, or reexport to, into, or from North Korea any goods, services, or technology for weapons usable by Russian forces or proxies; (3) foreign financial institutions that knowingly facilitate significant transactions or provide significant financial services for persons described in (1) or (2); (4) foreign persons engaging in significant transactions related to such arms transfers or sales with persons described in (1), (2), or (3); and (5) foreign persons assisting in the logistical supply or movement of North Korean arms or material support for the war. (As background, IEEPA authorizes the President to block property and regulate transactions following a declared national emergency for an unusual and extraordinary foreign threat; thus, these sanctions may be applied without such a declaration.) It further authorizes IEEPA implementation and penalties (50 U.S.C. 1702, 1704, 1705); provides for a national security waiver upon certification to congressional committees at least 15 days prior; and exempts internationally recognized humanitarian organizations engaging in authorized humanitarian activities.

This section amends the North Korea Sanctions and Policy Enhancement Act of 2016 (1) in section 401(a) (22 U.S.C. 9251(a)), by adding as paragraph (7) halting material support (as defined in section 6 of the Russia-North Korea Cooperation Sanctions Act) for Russia’s illegal war in Ukraine, to the conditions on which the President must certify the Government of North Korea's progress toward for suspending (up to one year, renewable in 180-day periods) certain sanctions imposed under that Act; and (2) in section 402(2) (22 U.S.C. 9252(2)), by adding a parallel condition as subparagraph (F). (Thus, both initial suspension and any related further relief now require certification addressing this additional condition.)

This section requires the President to submit to the appropriate congressional committees, not later than 90 days after enactment and every 180 days thereafter, a report describing 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. The report must include (1) the identity and nationality of foreign persons and foreign financial institutions subject to sanctions under section 3, (2) a description of their conduct, (3) an assessment of the extent to which a foreign government has provided material support to North Korea or persons acting on its behalf for such activities, and (4) a U.S. strategy to counter those activities, including efforts to engage foreign governments to halt North Korea’s capabilities. The report must be submitted in unclassified form but may include a classified annex.

This section defines, for purposes of the Act, (1) appropriate congressional committees as the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; (2) foreign financial institution as having the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations, and including a foreign central bank; and (3) material support as having the meaning given the term "material support or resources" in 18 U.S.C. 2339A (i.e., any property, tangible or intangible, or service—including currency, lodging, training, weapons, and personnel, except medicine or religious materials—knowing or intending that it is to be used in preparation for, or in carrying out, specified federal crimes).