US Code

Public Law 119-73 (01/23/2026)

22 U.S.C. § 9228

Exemptions, waivers, and removals of designation

(a)

Exemptions

The following activities shall be exempt from sanctions under sections 9214, 9221a, 9221b, 9221c, 9226, 9229, 9241a, 9241b, and 9243 of this title:
(1)
50 U.S.C. 3091 Activities subject to the reporting requirements under title V of the National Security Act of 1947 ( et seq.), or to any authorized intelligence activities of the United States.
(2)
Any transaction necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success , and entered into force , or under the Convention on Consular Relations, done at Vienna , and entered into force , or under other international agreements.
(3)
Any activities incidental to the POW/MIA accounting mission in North Korea, including activities by the Defense POW/MIA Accounting Agency and other governmental or nongovernmental organizations tasked with identifying or recovering the remains of members of the United States Armed Forces in North Korea.
(b)

Humanitarian waiver

(1)

In general

section 7802 of this titleThe President may waive, for renewable periods of between 30 days and 1 year, the application of the sanctions authorized under section 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title if the President submits to the appropriate congressional committees a written determination that the waiver is necessary for humanitarian assistance or to carry out the humanitarian purposes set forth .

(2)

Content of written determination

section 7802 of this titleA written determination submitted under paragraph (1) with respect to a waiver shall include a description of all notification and accountability controls that have been employed in order to ensure that the activities covered by the waiver are humanitarian assistance or are carried out for the purposes set forth in and do not entail any activities in North Korea or dealings with the Government of North Korea not reasonably related to humanitarian assistance or such purposes.

(3)

Clarification of permitted activities under waiver

An internationally recognized humanitarian organization shall not be subject to sanctions under section 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title for—
(A)
engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes pursuant to a waiver issued under paragraph (1);
(B)
transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes pursuant to such a waiver; or
(C)
having merely incidental contact, in the course of providing humanitarian assistance or aid for humanitarian purposes pursuant to such a waiver, with individuals who are under the control of a foreign person subject to sanctions under this chapter.
(c)

Waiver

The President may waive, on a case-by-case basis, for renewable periods of between 30 days and 1 year, the application of the sanctions authorized under section 9214, 9221a, 9221b, 9221c, 9221(c)(2), 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title if the President submits to the appropriate congressional committees a written determination that the waiver—
(1)
is important to the national security interests of the United States; or
(2)
will further the enforcement of this chapter or is for an important law enforcement purpose.
(d)

Financial services for humanitarian and consular activities

The President may promulgate such regulations, rules, and policies as may be necessary to facilitate the provision of financial services by a foreign financial institution that is not a North Korean financial institution in support of activities conducted pursuant to an exemption or waiver under this section.

Pub. L. 114–122, title II, § 208130 Stat. 109Pub. L. 115–44, title III, § 322131 Stat. 953Pub. L. 116–92, div. F, title LXXI, § 7143(a)133 Stat. 2255(, , ; , , ; , , .)

Editorial Notes

References in Text

act July 26, 1947, ch. 34361 Stat. 495The National Security Act of 1947, referred to in subsec. (a)(1), is , . Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Pub. L. 114–122130 Stat. 93section 9201 of this titleThis chapter, referred to in subsecs. (b)(3)(C) and (c)(2), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 116–922019—Subsecs. (a), (b)(1), (3), (c). inserted “9221b, 9221c,” after “9221a,”.

Pub. L. 115–44, § 322(a)2017—Subsec. (a). , inserted “9221a,” after “sections 9214,” and “9241a, 9241b,” after “9229,” in introductory provisions.

Pub. L. 115–44, § 322(b)Subsec. (b)(1), (3). , inserted “9221a,” after “section 9214,” and “9241a, 9241b,” after “9229(b),”.

Pub. L. 115–44, § 322(c)Subsec. (c). , inserted “9221a,” after “section 9214,” and “9241a, 9241b,” after “9229(b),” in introductory provisions.

Executive Documents

Delegation of Functions

section 7143 of Pub. L. 116–92section 286yy of this titleFunctions and authorities of President under with respect to this section delegated to Secretary of State, in consultation with the Secretary of the Treasury, by section 1(a)(vi) of Memorandum of President of the United States, , 85 F.R. 13717, set out as a note under .

section 9212 of this titleFunctions and authorities of President under subsecs. (b) and (c) of this section delegated to Secretary of State, to be executed in consultation with Secretary of the Treasury when appropriate, and functions and authorities of President under subsec. (d) of this section delegated to Secretary of the Treasury, by Memorandum of President of the United States, , 81 F.R. 37479, set out as a note under .