waiver of certain sanctions against north korea

waiver of certain sanctions against north koreaSec. 1405. (a) Waiver Authority.—(1) In general.—Except as provided in subsection (b), the President may waive in whole or in part, with respect to North Korea, the application of any sanction contained in subparagraph (A), (B), (D) or (G) under section 102(b)(2) of the Arms Export Control Act (22 U.S.C. 2799aa–1(b)), for the purpose of providing assistance related to—(A) the implementation and verification of the compliance by North Korea with its commitment, undertaken in the Joint Statement of September 19, 2005, to abandon all nuclear weapons and existing nuclear programs as part of the verifiable denuclearization of the Korean Peninsula; and(B) the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction and their delivery systems.(2) Limitation.—The authority under paragraph (1) shall expire 5 years after the date of enactment of this Act.(b) Exceptions.—(1) Limited exception related to certain sanctions and prohibitions.—The authority under subsection (a) shall not apply with respect to a sanction or prohibition under subparagraph (B) or (G) of section 102(b)(2) of the Arms Export Control Act, unless the President determines and certifies to the appropriate congressional committees that—(A) all reasonable steps will be taken to assure that the articles or services exported or otherwise provided will not be used to improve the military capabilities of the armed forces of North Korea; and(B) such waiver is in the national security interests of the United States.(2) Limited exception related to certain activities.—Unless the President determines and certifies to the appropriate congressional committees that using the authority under subsection (a) is vital to the national security interests of the United States, such authority shall not apply with respect to—(A) an activity described in subparagraph (A) of section 102(b)(1) of the Arms Export Control Act that occurs after September 19, 2005, and before the date of the enactment of this Act;(B) an activity described in subparagraph (C) of such section that occurs after September 19, 2005; or(C) an activity described in subparagraph (D) of such section that occurs after the date of enactment of this Act.(3) Exception related to certain activities occurring after date of enactment.—The authority under subsection (a) shall not apply with respect to an activity described in subparagraph (A) or (B) of section 102(b)(1) of the Arms Export Control Act that occurs after the date of the enactment of this Act.122 STAT. 2338(4) Limited exception related to lethal weapons.—The authority under subsection (a) shall not apply with respect to any export of lethal defense articles that would be prevented by the application of section 102(b)(2) of the Arms Export Control Act.(c) Notifications and Reports.—(1) Congressional notification.—The President shall notify the appropriate congressional committees in writing not later than 15 days before exercising the waiver authority under subsection (a).(2) Annual report.—Not later than January 31, 2009, and annually thereafter, the President shall submit to the appropriate congressional committees a report that—(A) lists all waivers issued under subsection (a) during the preceding year;(B) describes in detail the progress that is being made in the implementation of the commitment undertaken by North Korea, in the Joint Statement of September 19, 2005, to abandon all nuclear weapons and existing nuclear programs as part of the verifiable denuclearization of the Korean Peninsula;(C) discusses specifically any shortcomings in the implementation by North Korea of that commitment; and(D) lists and describes the progress and shortcomings, in the preceding year, of all other programs promoting the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction or their delivery systems.(3) Report on verification measures relating to north korea’s nuclear programs.—(A) In general.—Not later than 15 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on verification measures relating to North Korea’s nuclear programs under the Six-Party Talks Agreement of February 13, 2007, with specific focus on how such verification measures are defined under the Six-Party Talks Agreement and understood by the United States Government.(B) Matters to be included.—The report required under subsection (A) shall include, among other elements, a description of—(i) how the United States will confirm that North Korea has “provided a complete and correct declaration of all of its nuclear programs”;(ii) how the United States will maintain a high and ongoing level of confidence that North Korea has fully met the terms of the Six-Party Talks Agreement relating to its nuclear programs;(iii) any diplomatic agreement with North Korea regarding verification measures relating to North Korea’s nuclear programs under the Six-Party Talks Agreement (other than implementing arrangements made during on-site operations); and(iv) any significant and continuing disagreement with North Korea regarding verification measures 122 STAT. 2339 relating to North Korea’s nuclear programs under the Six-Party Talks Agreement.(C) Form.—The report required under subsection (A) shall be submitted in unclassified form, but may include a classified annex.(d) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—(1) the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and(2) the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.