Enhanced inspection authorities

Source Credit

(a) Report required
(1) In general
Not later than 180 days after August 2, 2017, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report—
(A) identifying the operators of foreign sea ports and airports that knowingly—
(i) significantly fail to implement or enforce regulations to inspect ships, aircraft, cargo, or conveyances in transit to or from North Korea, as required by applicable United Nations Security Council resolutions;
(ii) facilitate the transfer, transshipment, or conveyance of significant types or quantities of cargo, vessels, or aircraft owned or controlled by persons designated under applicable United Nations Security Council resolutions; or
(iii) facilitate any of the activities described in section 9214(a) of this title;
(B) describing the extent to which the requirements of applicable United Nations Security Council resolutions to de-register any vessel owned, controlled, or operated by or on behalf of the Government of North Korea have been implemented by other foreign countries;
(C) describing the compliance of the Islamic Republic of Iran with the sanctions mandated in applicable United Nations Security Council resolutions;
(D) identifying vessels, aircraft, and conveyances owned or controlled by the Reconnaissance General Bureau of the Workers' Party of Korea; and
(E) describing the diplomatic and enforcement efforts by the President to secure the full implementation of the applicable United Nations Security Council resolutions, as described in subparagraphs (A) through (C).
(2) Form
The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(b) Specific findings
Each report required under subsection (a) shall include specific findings with respect to the following ports and airports:
(1) The ports of Dandong, Dalian, and any other port in the People's Republic of China that the President deems appropriate.
(2) The ports of Abadan, Bandar-e-Abbas, Chabahar, Bandar-e-Khomeini, Bushehr Port, Asaluyeh Port, Kish, Kharg Island, Bandar-e-Lenge, and Khorramshahr, and Tehran Imam Khomeini International Airport, in the Islamic Republic of Iran.
(3) The ports of Nakhodka, Vanino, and Vladivostok, in the Russian Federation.
(4) The ports of Latakia, Banias, and Tartous, and Damascus International Airport, in the Syrian Arab Republic.
(c) Enhanced security targeting requirements
(1) In general
Except as provided in paragraph (2), the Secretary of Homeland Security may, using a layered approach, require enhanced screening procedures to determine whether physical inspections are warranted of any cargo bound for or landed in the United States that—
(A) has been transported through a sea port or airport the operator of which has been identified by the President in accordance with subsection (a)(1) as having repeatedly failed to comply with applicable United Nations Security Council resolutions;
(B) is aboard a vessel or aircraft, or within a conveyance that has, within the last 365 days, entered the territory or waters of North Korea, or landed in any of the sea ports or airports of North Korea; or
(C) is registered by a country or jurisdiction whose compliance has been identified by the President as deficient pursuant to subsection (a)(2).
(2) Exception for food, medicine, and humanitarian shipments
Paragraph (1) shall not apply to any vessel, aircraft, or conveyance that has entered the territory or waters of North Korea, or landed in any of the sea ports or airports of North Korea, exclusively for the purposes described in section 9228(b)(3)(B) of this title, or to import food, medicine, or supplies into North Korea to meet the humanitarian needs of the North Korean people.
(d) Seizure and forfeiture
A vessel, aircraft, or conveyance used to facilitate any of the activities described in section 9214(a) of this title under the jurisdiction of the United States may be seized and forfeited, or subject to forfeiture, under—
(1) chapter 46 of title 18; or
(2) part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581 et seq.).

History

(Pub. L. 114–122, title II, §205, as added Pub. L. 115–44, title III, §314, Aug. 2, 2017, 131 Stat. 946.)

Editorial Notes

Editorial Notes

References in Text
The Tariff Act of 1930, referred to in subsec. (d)(2), is act June 17, 1930, ch. 497, 46 Stat. 590. Part V of title IV of the Act is classified generally to part V (§1581 et seq.) of subtitle III of chapter 4 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.

Prior Provisions
A prior section 9225, Pub. L. 114–122, title II, §205, Feb. 18, 2016, 130 Stat. 108, related to enhanced inspection authorities, prior to repeal by Pub. L. 115–44, title III, §314, Aug. 2, 2017, 131 Stat. 946.

Executive Documents

Delegation of Functions
Functions and authorities of President under subsec. (a) of this section delegated to Director of National Intelligence, in consultation with Secretary of State, by Memorandum of President of the United States, May 18, 2016, 81 F.R. 37479, set out as a note under section 9212 of this title.