22 U.S.C. § 9202 — Definitions

In this chapter: (1) “Applicable Executive order” means Executive Orders 13382, 13466, 13551, 13570, 13619, 13687, 13694, and 13722, to the extent each order authorizes sanctions on people for conduct involving North Korea, prohibits transactions or activities involving the Government of North Korea, or otherwise imposes sanctions involving North Korea. It also means any executive order adopted on or after February 18, 2016, to the extent it does any of those things. (2) “Applicable United Nations Security Council resolution” means Resolutions 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), and 2321 (2016), and any resolution adopted on or after February 18, 2016, that authorizes sanctions on people for conduct involving North Korea, prohibits transactions or activities involving the Government of North Korea, or otherwise imposes sanctions involving North Korea. (3) “Appropriate congressional committees” means the Senate Committee on Foreign Relations and Committee on Banking, Housing, and Urban Affairs, and the House Committee on Foreign Affairs, Committee on Financial Services, and Committee on Ways and Means. (4) “Designated person” means a person designated under section 9214(a), (b), or (g) for one or more sanctions described in subchapter I or II concerning that person. (5) “Foreign person” means (A) an individual who is neither a United States citizen nor an alien lawfully admitted for permanent residence in the United States, or (B) an entity that is not a United States person. (6) “Government of North Korea” means the Government of North Korea and its agencies, instrumentalities, and controlled entities. (7) “Humanitarian assistance” means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter. (8) “Intelligence community” has the meaning given that term in 50 U.S.C. § 3003(4). This section does not define that quoted term. (9) “Luxury goods” (A) has the meaning given that term in 15 C.F.R. § 746.4(b)(1); (B) includes the items listed in Supplement No. 1 to part 746 of that title and similar items; and (C) also includes items designated under an applicable United Nations Security Council resolution. This section does not itself define the quoted term from the regulation. (10) “Monetary instruments” has the meaning given that term in 31 U.S.C. § 5312(a). This section does not define that quoted term. (11) “North Korea” means the Democratic People’s Republic of Korea. (12) “North Korean financial institution” means any financial institution that (A) is organized under the laws of North Korea or any jurisdiction within North Korea, including a foreign branch of such an institution; (B) is located in North Korea, except for a financial institution the President excludes under section 9228(c); (C) is owned or controlled by the Government of North Korea, wherever it is located; or (D) is owned or controlled by a financial institution described in (A), (B), or (C), wherever it is located. (13) “North Korean person” means (A) a North Korean citizen or national, or (B) an entity owned or controlled by the Government of North Korea or by a North Korean citizen or national. (14) “Significant activities undermining cybersecurity” includes (A) significant efforts to (i) deny access to, degrade, disrupt, or destroy an information and communications technology system or network, or (ii) take information from such a system or network without authorization; (B) significant destructive malware attacks; (C) significant denial-of-service activities; and (D) other significant activities described in regulations issued to carry out section 9214. This section does not define the quoted term exhaustively. (15) “South Korea” means the Republic of Korea. (16) “United States person” means (A) a United States citizen or an alien lawfully admitted for permanent residence in the United States, or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.