81_FR_35547 81 FR 35441 - Finding That the Democratic People's Republic of Korea Is a Jurisdiction of Primary Money Laundering Concern

81 FR 35441 - Finding That the Democratic People's Republic of Korea Is a Jurisdiction of Primary Money Laundering Concern

DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network

Federal Register Volume 81, Issue 106 (June 2, 2016)

Page Range35441-35446
FR Document2016-13038

This document provides notice that, pursuant to the authority contained in the USA PATRIOT Act, the Director of FinCEN found on May 27, 2016 that reasonable grounds exist for concluding that the Democratic People's Republic of Korea (``DPRK'' or ``North Korea'') is a jurisdiction of primary money laundering concern.

Federal Register, Volume 81 Issue 106 (Thursday, June 2, 2016)
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35441-35446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13038]


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DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network


Finding That the Democratic People's Republic of Korea Is a 
Jurisdiction of Primary Money Laundering Concern

AGENCY: The Financial Crimes Enforcement Network (``FinCEN''), 
Treasury.

ACTION: Notice of finding.

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SUMMARY: This document provides notice that, pursuant to the authority 
contained in the USA PATRIOT Act, the Director of FinCEN found on May 
27, 2016 that reasonable grounds exist for concluding that the 
Democratic People's Republic of Korea (``DPRK'' or ``North Korea'') is 
a jurisdiction of primary money laundering concern.

FOR FURTHER INFORMATION CONTACT: FinCEN, (800) 949-2732.

SUPPLEMENTARY INFORMATION:

I. Background

A. Statutory Provisions

    On October 26, 2001, the President signed into law the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism Act of 2001 (the ``USA PATRIOT Act''), 
Public Law 107-56. Title III of the USA PATRIOT Act amends the anti-
money laundering provisions of the Bank Secrecy Act (``BSA''), codified 
at 12 U.S.C. 1829b, 12 U.S.C 1951-1959, and 31 U.S.C. 5311-5314 and 
5316-5332, to promote prevention, detection, and prosecution of 
international money laundering and the financing of terrorism. 
Regulations implementing the BSA appear at 31 CFR Chapter X.
    Section 311 of the USA PATRIOT Act (``Section 311'') added 31 
U.S.C. 5318A to the BSA, granting the Secretary of the Treasury (the 
``Secretary'') the authority, upon finding that reasonable grounds 
exist for concluding that a foreign jurisdiction, institution, class of 
transactions, or type of account is of ``primary money laundering 
concern,'' to require domestic financial institutions and financial 
agencies to take certain ``special measures'' against the primary money 
laundering concern. Section 311 identifies factors for the Secretary to 
consider and requires Federal agencies to consult before the Secretary 
may conclude that a jurisdiction, institution, class of transaction, or 
type of account is of primary money laundering concern. The statute 
also provides similar procedures, i.e., factors and consultation 
requirements, for selecting the specific special measures to be imposed 
against the primary money laundering concern. For purposes of the 
finding contained in this notice, the Secretary has delegated his 
authority under Section 311 to the Director of FinCEN.\1\
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    \1\ Therefore, references to the authority and findings of the 
Secretary in this document apply equally to the Director of FinCEN.
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    Taken as a whole, Section 311 provides the Secretary with a range 
of options that can be adapted to target specific money laundering and 
terrorist financing concerns most effectively. Through the imposition 
of various special measures, the Secretary can gain more information 
about the jurisdictions, institutions, transactions, or accounts of 
concern; can more effectively monitor the respective jurisdictions, 
institutions, transactions, or accounts; or can prohibit U.S. financial 
institutions from involvement with jurisdictions, institutions, 
transactions, or accounts that pose a money laundering concern.
    Before making a finding that reasonable grounds exist for 
concluding that a jurisdiction is of primary money laundering concern, 
the Secretary is required to consult with both the Secretary of State 
and the Attorney General. The Secretary is also required by Section 
311, as amended,\2\ to consider ``such information as the Secretary 
determines to be relevant, including the following potentially relevant 
factors,'' which extend the Secretary's consideration beyond 
traditional money laundering concerns to issues involving, inter alia, 
terrorist financing and the proliferation of weapons of mass 
destruction (``WMD'') or missiles:
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    \2\ 31 U.S.C. 5318A was amended by section 501 of the Iran 
Freedom Support Act of 2006, Public Law 109-293.
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     Evidence that organized criminal groups, international 
terrorists, or entities involved in the proliferation of WMD or 
missiles, have transacted business in that jurisdiction;
     The extent to which that jurisdiction or financial 
institutions operating in that jurisdiction offer bank secrecy or 
special regulatory advantages to nonresidents or nondomiciliaries of 
that jurisdiction;
     The substance and quality of administration of the bank 
supervisory and counter- money laundering laws of that jurisdiction;
     The relationship between the volume of financial 
transactions occurring in that jurisdiction and the size of the economy 
of the jurisdiction;
     The extent to which that jurisdiction is characterized as 
an offshore banking or secrecy haven by

[[Page 35442]]

credible international organizations or multilateral expert groups;
     Whether the United States has a mutual legal assistance 
treaty with that jurisdiction, and the experience of U.S. law 
enforcement officials and regulatory officials in obtaining information 
about transactions originating in or routed through or to such 
jurisdiction; and
     The extent to which that jurisdiction is characterized by 
high levels of official or institutional corruption.
    If the Secretary determines that reasonable grounds exist for 
concluding that a jurisdiction is of primary money laundering concern, 
the Secretary is authorized to impose one or more of the special 
measures in Section 311 to address the specific money laundering risks. 
Section 311 provides a range of special measures that can be imposed 
individually, jointly, and in any sequence.\3\ Before imposing special 
measures, the statute requires the Secretary to consult with 
appropriate federal agencies and other interested parties \4\ and to 
consider the following specific factors:
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    \3\ Available special measures include requiring: (1) 
Recordkeeping and reporting of certain financial transactions; (2) 
collection of information relating to beneficial ownership; (3) 
collection of information relating to certain payable-through 
accounts; (4) collection of information relating to certain 
correspondent accounts; and (5) prohibition or conditions on the 
opening or maintaining of correspondent or payable-through accounts. 
31 U.S.C. 5318A(b)(1)-(5).
    \4\ Section 5318A(a)(4)(A) requires the Secretary to consult 
with the Chairman of the Board of Governors of the Federal Reserve 
System, any other appropriate Federal banking agency, the Secretary 
of State, the Securities and Exchange Commission (``SEC''), the 
Commodity Futures Trading Commission (``CFTC''), the National Credit 
Union Administration (``NCUA''), and, in the sole discretion of the 
Secretary, ``such other agencies and interested parties as the 
Secretary may find to be appropriate.'' The consultation process 
must also include the Attorney General if the Secretary is 
considering prohibiting or imposing conditions on domestic financial 
institutions opening or maintaining correspondent account 
relationships with the targeted entity.
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     Whether similar action has been or is being taken by other 
nations or multilateral groups;
     Whether the imposition of any particular special measures 
would create significant competitive disadvantage, including any undue 
cost or burden associated with compliance, for financial institutions 
organized or licensed in the United States;
     The extent to which the action or the timing of the action 
would have a significant adverse systemic impact on the international 
payment, clearance, and settlement system, or on legitimate business 
activities involving the particular jurisdiction; and
     The effect of the action on U.S. national security and 
foreign policy.

B. Democratic People's Republic of Korea

    As set out in detail below, North Korea continues to advance its 
nuclear and ballistic missile programs in violation of international 
treaties, international censure and sanctions measures, and U.S. law. 
North Korea does this using an extensive overseas network of front 
companies, shell companies, joint ventures, and opaque business 
relationships. North Korea conducts almost no banking in true name in 
the formal financial system given that many of its outward facing 
agencies and financial institutions have been sanctioned by the United 
States, the United Nations, or both.
    While none of North Korea's financial institutions maintain 
correspondent accounts with U.S. financial institutions,\5\ North Korea 
does have access to the U.S. financial system through a system of front 
companies, business arrangements, and representatives that obfuscate 
the true originator, beneficiary, and purpose of transactions. We 
assess that these deceptive practices have allowed millions of U.S. 
dollars of DPRK illicit activity to flow through U.S. correspondent 
accounts.
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    \5\ Bankers Almanac, accessed February 12, 2016.
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    Moreover, although U.S. and international sanctions have served to 
significantly isolate North Korean banks from the international 
financial system, the North Korean government continues to access the 
international financial system to support its WMD and conventional 
weapons programs. This is made possible through its use of aliases, 
agents, foreign individuals in multiple jurisdictions, and a long-
standing network of front companies and North Korean embassy personnel 
which support illicit activities through banking, bulk cash, and trade. 
Front company transactions originating in foreign-based banks have been 
processed through correspondent bank accounts in the United States and 
Europe. Further, the enhanced due diligence required by United Nations 
Security Council Resolutions (UNSCRs) related to North Korea is 
undermined by North Korean-linked front companies, which are often 
registered by non-North Korean citizens, and which conceal their 
activity through the use of indirect payment methods and circuitous 
transactions disassociated from the movement of goods or services.\6\
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    \6\ See ``Report of the Panel of Experts established pursuant to 
resolution 1874 (2009),'' February, 2016.
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    The Treaty on the Non-Proliferation of Nuclear Weapons and the 
International Atomic Energy Agency Safeguards Agreement work together 
to prevent the development of nuclear weapons and promote the peaceful 
use of nuclear energy. Although North Korea acceded to the Treaty on 
the Non-Proliferation of Nuclear Weapons (``NPT'') in 1985, it withdrew 
from the Treaty in 2003. Subsequently, North Korea demonstrated its 
nuclear weapons capacity with nuclear tests in 2006, 2009, 2013, and 
2016.\7\
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    \7\ See ``IAEA and DPRK: Chronology of Key Events,'' (https://www.iaea.org/newscenter/focus/dprk/chronology-of-key-events).
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    Since 2005, North Korea has been sanctioned repeatedly for its 
proliferation of WMD and the development of nuclear and ballistic 
missile programs. Between June 2006 and 2016, the United Nations (UN) 
Security Council issued five UNSCRs--1718, 1874, 2087, 2094, and 2270--
restricting North Korea's financial and operational activities related 
to its nuclear and missile programs and conventional arms sales.\8\ In 
addition, the President of the United States has issued Executive 
Orders (``E.O.s'') 13466, 13551, 13570, 13687, and 13722 to impose 
sanctions on North Korea pursuant to the International Emergency 
Economic Powers Act, and the Department of the Treasury has designated 
North Korea targets for asset freezes pursuant to other E.O.s, such as 
E.O. 13382, which targets WMD proliferators worldwide. A designation 
under any one of the targeting E.O.s generally blocks the property and 
interests in property in the United States or in the possession or 
control of a U.S. person of a designated person, and prohibits U.S. 
persons from engaging in transactions with, or dealing in property 
interests of, a designated person.
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    \8\ See UNSCR 1718 (http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/1718(2006)); UNSCR 1874 (http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/1874(2009)); UNSCR 
2087 (http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2087(2013)); UNSCR 2094 (http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2094(2013)); UNSCR 2270 (http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2270(2016)).
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    On June 28, 2005, the President issued E.O. 13382, ``Blocking 
Property of Weapons of Mass Destruction Proliferators and Their 
Supporters,'' which orders certain measures to be taken to address the 
threat posed to the United States by the proliferation of

[[Page 35443]]

WMD and their means of delivery.\9\ The following two North Korean 
entities were sanctioned in the Annex to E.O. 13382: Korea Mining 
Development Trading Corporation (KOMID), North Korea's primary arms 
exporter; and Tanchon Commercial Bank (TCB), the financial arm of 
KOMID. As noted further below, additional North Korean financial 
institutions, including Korea Kwangson Banking Corporation (KKBC), 
Foreign Trade Bank (FTB), and Daedong Credit Bank (DCB), were 
subsequently designated pursuant to E.O. 13382.
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    \9\ See E.O. 13382 ``Blocking Property of Weapons of Mass 
Destruction Proliferators and Their Supporters,'' (2005) (https://www.federalregister.gov/articles/2005/07/01/05-13214/blocking-property-of-weapons-of-mass-destruction-proliferators-and-their-supporters).
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    On June 26, 2008, the President issued E.O. 13466, ``Continuing 
Certain Restrictions With Respect to North Korea and North Korean 
Nationals,'' declaring a national emergency to deal with the unusual 
and extraordinary threat to the national security and foreign policy of 
the United States constituted by the existence and risk of the 
proliferation of weapons-usable fissile material on the Korean 
peninsula.\10\
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    \10\ See E.O. 13466 ``Continuing Certain Restrictions With 
Respect to North Korea and North Korean Nationals,'' (2008) (https://www.federalregister.gov/articles/2008/06/27/08-1399/continuing-certain-restrictions-with-respect-to-north-korea-and-north-korean-nationals).
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    On August 30, 2010, the President issued E.O. 13551, ``Blocking 
Property of Certain Persons with Respect to North Korea,'' which 
authorized asset blockings against those determined, among other 
things, to have engaged in the importation or exportation of North 
Korean arms or the exportation to North Korea of luxury goods.\11\
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    \11\ See E.O. 13551 ``Blocking Property of Certain Persons with 
Respect to North Korea,'' (2010) (https://www.thefederalregister.org/fdsys/pkg/FR-2010-09-01/pdf/X10-10901.pdf).
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    On April 18, 2011, the President issued E.O. 13570, ``Prohibiting 
Certain Transactions with Respect to North Korea,'' which takes 
additional steps to address the national emergency declared in E.O. 
13466 and expanded in E.O. 13551.\12\ This E.O. was designed in part to 
ensure implementation of the import restrictions contained in UNSCRs 
1718 and 1874.
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    \12\ See E.O. 13570 ``Prohibiting Certain Transactions with 
Respect to North Korea,'' (2011) (https://www.federalregister.gov/articles/2011/04/20/2011-9739/prohibiting-certain-transactions-with-respect-to-north-korea).
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    On January 2, 2015, the President issued E.O. 13687, ``Imposing 
Additional Sanctions with Respect to North Korea,'' which blocks the 
property of persons who are determined to be officials, agencies, 
instrumentalities, or controlled entities of the Government of North 
Korea or the Workers' Party of Korea.\13\
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    \13\ See E.O. 13687 ``Imposing Additional Sanctions with Respect 
to North Korea,'' (2015) (https://www.federalregister.gov/articles/2015/01/06/2015-00058/imposing-additional-sanctions-with-respect-to-north-korea).
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    On March 15, 2016, the President issued E.O. 13722, ``Blocking 
Property of the Government of North Korea and the Workers' Party of 
Korea, and Prohibiting Certain Transactions with Respect to North 
Korea,'' which, among other things, blocks the property and interests 
in property of the Government of North Korea and the Workers' Party of 
Korea and authorizes further asset blockings on persons determined to 
be operating in industries of the North Korean economy determined by 
the Secretary of the Treasury, in consultation with the Secretary of 
State, to be subject to the measure. To date those industries include 
the transportation, mining, energy and financial services 
industries.\14\ Additionally, FinCEN issued advisories in 2005, 2009, 
and 2013 regarding the threat posed by the North Korean government to 
U.S. and international financial institutions. Specifically, these 
advisories have urged caution when dealing with North Korean financial 
institutions due to their use of front companies and other deceptive 
financial practices.\15\
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    \14\ See E.O. 13722 ``Blocking Property of the Government of 
North Korea and the Workers' Party of Korea, and Prohibiting Certain 
Transactions with Respect to North Korea,'' (2016) (https://www.thefederalregister.org/fdsys/pkg/FR-2016-03-18/pdf/FR-2016-03-18.pdf).
    \15\ See ``Guidance to Financial Institutions on the Provision 
of Banking Services to North Korean Government Agencies and 
Associated Front Companies Engaged in Illicit Activities,'' FinCEN 
(2005) (https://www.fincen.gov/statutes_regs/guidance/pdf/advisory.pdf); ``North Korea Government Agencies' and Front 
Companies' Involvement in Illicit Financial Activities,'' FinCEN 
(2009) (https://www.fincen.gov/statutes_regs/guidance/pdf/fin-2009-a002.pdf); ``Update on the Continuing Illicit Finance Threat 
Emanating from North Korea,'' FinCEN (2013) (https://www.fincen.gov/statutes_regs/guidance/pdf/FIN-2013-A005.pdf).
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    Numerous North Korean individuals, financial institutions, and 
other entities facilitating financial transactions in support of North 
Korea's proliferation of WMD or ballistic missiles have been listed in 
or designated pursuant to these UNSCRs or E.O.s. In many cases, these 
sanctions have targeted front companies or the individual 
representatives of sanctioned entities who operate outside of North 
Korea.

II. Analysis of Factors

    Based upon a review of information available to FinCEN, 
consultations with relevant federal agencies and departments, and in 
consideration of the factors enumerated in Section 311 of the USA 
PATRIOT Act, the Director of FinCEN has determined that reasonable 
grounds exist for concluding that North Korea is a jurisdiction of 
primary money laundering concern. While FinCEN has considered all 
potentially relevant factors set forth in Section 5318A, a discussion 
of those most pertinent to this finding follows. FinCEN has determined 
that North Korea (A) uses state-controlled financial institutions and 
front companies to conduct international financial transactions that 
support the proliferation of WMD and the development of ballistic 
missiles in violation of international and U.S. sanctions; (B) is 
subject to little or no bank supervision or anti-money laundering or 
combating the financing of terrorism (``AML/CFT'') controls; (C) has no 
mutual legal assistance treaty with the United States; and (D) relies 
on the illicit and corrupt activity of high-level officials to support 
its government.
A. Evidence That Organized Criminal Groups, International Terrorists, 
or Entities Involved in the Proliferation of Weapons of Mass 
Destruction or Missiles, Have Transacted Business in That Jurisdiction
    North Korea uses state-owned entities and banks to conduct 
transactions in support of North Korea's proliferation of WMD or 
ballistic missiles. The United States and United Nations have 
identified Korea Mining Development Trading Corporation (KOMID), 
Tanchon Commercial Bank (TCB), Korea Kwangson Banking Corporation 
(KKBC), and Daedong Credit Bank (DCB) as entities that conduct 
financial transactions in support of North Korea's proliferation of WMD 
or ballistic missiles; the United States has also sanctioned Foreign 
Trade Bank (FTB) for this activity. Directing business from North 
Korea, these state-owned entities and banks use front companies or 
covert representatives to obfuscate the true originator, beneficiary, 
and purpose of transactions. Doing so has allowed millions of U.S. 
dollars of DPRK illicit activity to flow through U.S. correspondent 
accounts. Entities in North Korea involved in the proliferation of WMD 
or ballistic missiles conduct business in, from, or through North 
Korea, or at the direction of the North Korean government, have evaded 
the prohibitions set forth in relevant UNSCRs and E.O.s.

[[Page 35444]]

The Korea Mining Development Trading Corporation
    The President subjected the Korea Mining Development Trading 
Corporation (KOMID) to an asset blocking by listing it in the Annex of 
E.O. 13382 in June 2005,\16\ and the Department of the Treasury 
designated KOMID pursuant to E.O. 13687 in January 2015 \17\ for being 
North Korea's primary arms dealer and its main exporter of goods and 
equipment related to ballistic missiles and conventional weapons.\18\ 
The UN Security Council also listed KOMID under UNSCR 1718 in April 
2009, subjecting it to a worldwide asset blocking.\19\ Further, between 
2013 and 2016, the Department of the Treasury designated a number of 
individuals under E.O. 13382 or E.O. 13687 for their roles acting on 
behalf of KOMID in, or as KOMID representatives to, Burma, China, 
Egypt, Iran, Namibia, Russia, Sudan, and Syria.\20\
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    \16\ See E.O. 13382.
    \17\ See ``Issuance of new North Korea-related Executive Order; 
North Korea Designations,'' January 2, 2015 (https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20150102.aspx).
    \18\ See ``Treasury Imposes Sanctions Against the Government of 
the Democratic People's Republic of Korea,'' January 2, 2015 
(https://www.treasury.gov/press-center/press-releases/Pages/jl9733.aspx).
    \19\ See ``Letter dated 24 April 2009 from the Chairman of the 
Security Council Committee established pursuant to resolution 1718 
(2006) addressed to the President of the Security Council,'' April 
24, 2009 (http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/NKorea%20S2009%20222.pdf).
    \20\ See ``United States Sanctions Individuals Linked to North 
Korea Weapons of Mass Destruction Programs,'' March 7, 2013 (https://www.treasury.gov/press-center/press-releases/Pages/jl1872.aspx); 
``Treasury Imposes Sanctions Against the Government of the 
Democratic People's Republic of Korea,'' January 2, 2015 (https://www.treasury.gov/press-center/press-releases/Pages/jl9733.aspx); 
``Treasury Sanctions Supporters of North Korea's Weapons of Mass 
Destruction and Illicit Finance Networks,'' November 13, 2015 
(https://www.treasury.gov/press-center/press-releases/Pages/jl0269.aspx); ``Treasury Sanctions Those Involved in Ballistic 
Missile Procurement for Iran,'' January 17, 2016 (https://www.treasury.gov/press-center/press-releases/Pages/jl0322.aspx); 
``The United States Sanctions North Korean Government Officials and 
Organizations Tied to its Missile and Nuclear Programs,'' March 2, 
2016 (https://www.treasury.gov/press-center/press-releases/Pages/jl0372.aspx).
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    Despite the sanctions placed on KOMID and its network, North Korea 
continues to sell weapons abroad. Between 2001 and 2007, North Korean 
weapons manufacturers marketed or exported North Korean weapons to 
Angola, Cuba, Iran, Iraq, Pakistan, Uganda, United Arab Emirates, and 
Yemen. As recently as 2015, KOMID marketed or exported North Korean 
ballistic missiles or conventional weapons through its representatives 
in Burma and its office in Indonesia. In 2015, KOMID also sold dual-use 
WMD-related equipment to Egypt, and engaged with Egypt on missile 
cooperation and development. Additionally, KOMID occasionally procures 
equipment and materials for Second Academy of Natural Sciences (SANS) 
research--an entity subject to an asset blocking by the U.S. under E.O. 
13382 in August 2010 for using subordinate organizations to obtain 
technology, equipment, and information for use in North Korea's weapons 
and nuclear programs.\21\
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    \21\ See ``United States Designates North Korean Entities and 
Individuals for Activities Related to North Korea's Weapons of Mass 
Destruction Program,'' August 30, 2010 (https://www.treasury.gov/press-center/press-releases/Pages/tg840.aspx).
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    Payments for weapons were often funneled through front companies 
operating at the direction of North Korean banks. The Department of the 
Treasury designated one of these front companies, Leader (Hong Kong) 
International Trading Limited, under E.O. 13382 in January 2013 for 
facilitating the shipment of machinery and equipment to customers on 
behalf of KOMID and directly to KOMID representatives located outside 
of North Korea.\22\ Between January 2009 and November 2012, Leader 
(Hong Kong) International cleared at least $13.5 million through 
correspondent accounts at U.S. banks.
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    \22\ See ``Treasury Sanctions Company And Individuals Linked To 
North Korean Weapons Of Mass Destruction Program,'' January 24, 2013 
(https://www.treasury.gov/press-center/press-releases/Pages/tg1828.aspx).
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The Tanchon Commercial Bank
    As noted above, Tanchon Commercial Bank (TCB) was listed by the 
President in the Annex of E.O. 13382 in June 2005, subjecting it to an 
asset blocking, and the UN Security Council listed TCB under UNSCR 1718 
in April 2009.\23\ TCB is the financial arm of KOMID and the main North 
Korean financial institution for the sale of conventional arms, 
ballistic missiles, and goods related to the assembly and manufacture 
of such weapons.\24\ Between 2009 and 2015 the Department of the 
Treasury designated nine individuals under E.O. 13382 for working on 
behalf of TCB, including as representatives to China, Syria, and 
Vietnam.\25\ Each of these individuals is also listed under UNSCR 
1718.\26\
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    \23\ See UNSCR 1718.
    \24\ See E.O. 13382; see also Footnote 28.
    \25\ See ``Treasury Designates North Korean Bank and Banking 
Official as Proliferators of Weapons of Mass Destruction,'' October 
23, 2009 (https://www.treasury.gov/press-center/press-releases/Pages/tg330.aspx); ``Treasury Sanctions Company And Individuals 
Linked To North Korean Weapons Of Mass Destruction Program,'' 
January 24, 2013 (https://www.treasury.gov/press-center/press-releases/Pages/tg1828.aspx); ``Treasury Targets North Korea's Global 
Weapons Proliferation Network,'' December 8, 2015 (https://www.treasury.gov/press-center/press-releases/Pages/jl0295.aspx); 
``Non-proliferation Designations,'' March 7, 2013 (https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20130307.aspx).
    \26\ See ``The List Established and Maintained by the 1718 
(2006) Committee,'' (https://www.un.org/sc/suborg/sites/www.un.org.sc.suborg/files/1718.pdf).
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    North Korea has a long history of using TCB and front companies to 
facilitate proliferation and missile-related transactions. Dating as 
far back as 2005, TCB, Korea Namchongang Trading Corporation 
(``Namchongang''), and front companies have facilitated deals that 
could be associated with proliferation. The U.S. Department of State 
designated Namchongang in June 2009 under E.O. 13382 for WMD 
proliferation activities; \27\ the UN listed Namchongang under UNSCR 
1718 in July 2009,\28\ and also listed its successor organization--
Namhung Trading Corporation--under UNSCR 2270 in March 2016.\29\ TCB 
also received millions of U.S. dollars in 2009 from a China-based 
representative as partial payment for weapons exported to Burma, Iran, 
and other countries. Additionally, in 2015 TCB accounts were used to 
purchase technology and equipment in support of U.S.-designated SANS 
research and development activities.
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    \27\ See ``State Designation of North Korean Nuclear Entity,'' 
June 30, 2009 (www.state.gov/r/pa/prs/ps/2009/06a/125505.htm).
    \28\ See ``Security Council Committee Determines Entities, 
Goods, Individuals, Subject to Measures Imposed on Democratic 
People's Republic of Korea by Resolution 1718 (2006),'' July 16, 
2009 (www.un.org/press/en/2009/sc9708.doc.htm).
    \29\ See UNSCR 2270.
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The Korea Kwangson Banking Corporation
    As noted, the Department of the Treasury sanctioned Korea Kwangson 
Banking Corporation (KKBC) under E.O. 13382 in August 2009 for 
facilitating financial transactions for E.O. 13382-sanctioned TCB and 
the Korea Hyoksin Trading Corporation (``Hyoksin''); \30\ the UN listed 
KKBC under UNSCR 2270 in March 2016.\31\ As noted above, TCB was 
sanctioned by the United States in June 2005 and listed by the UN under 
UNSCR 1718 in April 2009; further, in July 2009 the Department of the 
Treasury designated Hyoksin under E.O.

[[Page 35445]]

13382, and the UN listed Hyoksin under UNSCR 1718 for WMD proliferation 
activity.\32\ In spite of its designation, KKBC has continued to evade 
sanctions and process financial transactions that support the 
proliferation of WMD and ballistic missiles by using front companies to 
clear U.S. dollar transactions through U.S. correspondent accounts. In 
2013, senior North Korean leadership utilized a KKBC front company to 
open accounts at a major Chinese bank under the names of Chinese 
citizens, and deposited millions of U.S. dollars into the accounts. The 
same KKBC front company processed transactions through U.S. 
correspondent accounts as recently as 2013.
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    \30\ See ``Treasury Designates Financial Institution Tied to 
North Korea's WMD Proliferation,'' August 11, 2009 (https://www.treasury.gov/press-center/press-releases/Pages/tg260.aspx).
    \31\ See UNSCR 2270.
    \32\ See ``Treasury Designates North Korean Entity Tied to 
Weapons of Mass Destruction Development,'' July 30, 2009 (https://www.treasury.gov/press-center/press-releases/Pages/tg247.aspx); 
``Security Council Determines Entities, Goods, Individuals Subject 
To Measures Imposed on Democratic People's Republic of Korea by 
Resolution 1718 (2006),'' July 16, 2009 (http://www.un.org/press/en/2009/sc9708.doc.htm).
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The Foreign Trade Bank
    The Department of the Treasury designated Foreign Trade Bank (FTB) 
under E.O. 13382 in March 2013 for facilitating transactions on behalf 
of actors linked to North Korea's nuclear proliferation networks.\33\ 
Headquartered in Pyongyang, FTB acts as North Korea's primary foreign 
exchange bank and has provided financial support to KOMID and KKBC. As 
noted above, KOMID was sanctioned by the United States in July 2005 
under E.O. 13382, and listed by the UN in April 2009 under UNSCR 1718; 
the Department of the Treasury designated KKBC under E.O. 13382 in 
August 2009, and the UN listed KKBC under UNSCR 2270 in March 2016.
---------------------------------------------------------------------------

    \33\ See ``Treasury Sanctions Bank and Official Linked to North 
Korean Weapons of Mass Destruction Programs,'' March 11, 2013 
(https://www.treasury.gov/press-center/press-releases/Pages/jl1876.aspx).
---------------------------------------------------------------------------

    The following examples are representative of the activities of FTB 
and its front companies. Between 2008 and 2012, FTB used front 
companies in multiple countries to make and receive payments equivalent 
to tens of millions of U.S. dollars. In 2011, an FTB front company was 
involved with U.S.-designated KKBC and Korea 5 Trading Corporation, a 
subordinate of U.S. and UN-designated Korea Ryonbong General 
Corporation, in financial dealings totaling several millions of U.S. 
dollars. The same FTB front company processed transactions through U.S. 
correspondent accounts as recently as April 2014.
The Daedong Credit Bank
    The Department of the Treasury designated Daedong Credit Bank (DCB) 
under E.O. 13382 in June 2013 for managing millions of dollars of 
transactions in support of the North Korean regime's nuclear 
proliferation and missile-related activities.\34\ The UN listed DCB 
under UNSCR 2270 in March 2016. DCB has demonstrated through its 
activity that it is willing to facilitate transactions at the direction 
of, and in coordination with, the government of North Korea. Since at 
least 2007, DCB has facilitated hundreds of financial transactions 
worth millions of dollars on behalf of designated actors, KOMID and 
TCB. Some of these transactions involved deceptive practices that 
include the use of front companies located outside of North Korea to 
process cross-border payments. DCB also directed a front company, DCB 
Finance Limited, to carry out international financial transactions as a 
means to avoid scrutiny by financial institutions. DCB Finance Limited 
has conducted transactions through correspondent accounts at U.S. 
banks.
---------------------------------------------------------------------------

    \34\ See ``Treasury Sanctions Bank, Front Company, and Official 
Linked to North Korean Weapons of Mass Destruction Programs,'' June 
27, 2013 (https://www.treasury.gov/press-center/press-releases/Pages/jl1994.aspx).
---------------------------------------------------------------------------

    Based upon the information above, the North Korean government, 
through entities and financial institutions based in North Korea, 
facilitates financial transactions in support of the proliferation of 
WMD and ballistic missiles in violation of UNSCR 1718. Additionally, by 
creating and using front companies with the intent to obfuscate the 
true originator, beneficiary, or purpose of transactions, these state-
owned entities and financial institutions have engaged in a pattern of 
deceptive financial activity to evade international sanctions, 
circumvent U.S. sanctions and AML controls, and penetrate the U.S. 
financial system when such activity would otherwise be prohibited. This 
activity represents a direct threat to the integrity of the U.S. 
financial system.
B. The Substance and Quality of Administration of the Bank Supervisory 
and Counter-Money Laundering Laws of That Jurisdiction
    The Financial Action Task Force (FATF) is an inter-governmental 
body that sets international standards and promotes the implementation 
of legal, regulatory, and operational measures for combatting money 
laundering, terrorist financing, WMD proliferation financing, and other 
related threats to the integrity of the international financial 
system.\35\ The FATF monitors the progress of its members in 
implementing necessary measures, reviews money laundering and terrorist 
financing techniques and countermeasures, and promotes the adoption and 
implementation of appropriate measures globally. In collaboration with 
other international stakeholders, the FATF works to identify national-
level vulnerabilities with the aim of protecting the international 
financial system from misuse. Due to North Korea's ongoing failure to 
address its AML/CFT deficiencies, the FATF has publicly identified 
substantial money laundering and terrorist financing risks emanating 
from the jurisdiction and has identified North Korea as one of only two 
jurisdictions in the world subject to FATF counter-measures since 2011.
---------------------------------------------------------------------------

    \35\ See Financial Action Task Force Web site (http://www.fatf-gafi.org/).
---------------------------------------------------------------------------

    In FATF's Public Statement dated February 19, 2016, the FATF 
reiterated its concern about North Korea's failure to address the 
significant deficiencies in its AML/CFT regime, and the serious threat 
such deficiencies pose to the integrity of the international financial 
system. The FATF called on its members and urged all jurisdictions to 
advise their financial institutions to give special attention to 
business relationships and transactions with North Korea, including 
North Korean companies and financial institutions. The FATF also warned 
that jurisdictions should protect against correspondent relationships 
being used to bypass or evade countermeasures and risk mitigation 
practices, and take into account AML/CFT risks when considering 
requests by North Korean financial institutions to open branches and 
subsidiaries in their jurisdiction.\36\ While steps may have been taken 
by North Korea to engage with the FATF, including becoming an observer 
to the Asia Pacific Group, a FATF-style regional body, North Korea 
lacks basic AML/CFT controls and has failed to address the deficiencies 
in its AML/CFT regime identified by FATF.\37\
---------------------------------------------------------------------------

    \36\ See ``FATF Public Statement--19 February 2016,'' (2016) 
(http://www.fatf-gafi.org/publications/high-riskandnon-cooperativejurisdictions/documents/public-statement-february-2016.html).
    \37\ See ``North Korea Adopts Anti-Money Laundering Law,'' NK 
News, May 18, 2016 (https://www.nknews.org/2016/05/north-korea-adopts-anti-money-laundering-law/).

---------------------------------------------------------------------------

[[Page 35446]]

C. Whether the United States Has a Mutual Legal Assistance Treaty With 
That Jurisdiction, and the Experience of U.S. Law Enforcement Officials 
and Regulatory Officials in Obtaining Information About Transactions 
Originating in or Routed Through or to That Jurisdiction
    The United States and North Korea do not have diplomatic relations. 
North Korea has no mutual legal assistance treaty with the United 
States and does not cooperate with U.S. law enforcement officials and 
regulatory officials in obtaining information about transactions 
originating in, or routed through or to, North Korea.\38\
---------------------------------------------------------------------------

    \38\ See ``U.S. Relations with North Korea,'' (www.state.gov/r/pa/ei/bgn/2792.htm).
---------------------------------------------------------------------------

D. The Extent To Which That Jurisdiction Is Characterized by High 
Levels of Official or Institutional Corruption
    The North Korean government has long demonstrated institutional and 
official corruption. According to Transparency International's 
Corruption Perceptions Index, which ranks countries and territories 
based on how corrupt their public sectors are perceived to be, North 
Korea ranks 167 out of 168.\39\ As noted above, UNSCRs 1718, 2094, and 
2270 require UN member states to prohibit the provision to North Korea 
of luxury goods, which are used by North Korean leaders to consolidate 
power and appease members of the political elite by increasing their 
personal wealth. North Korea has also utilized Office 39 of the Korean 
Workers' Party (KWP) to influence and maintain the support of North 
Korea's elite citizens.\40\
---------------------------------------------------------------------------

    \39\ See ``North Korea: Facts & Figures,'' Transparency 
International (https://www.transparency.org/country/#PRK).
    \40\ See ``Defectors Detail How North Korea's Office 39 Feeds 
Leader's Slush Fund: Private Fund Underwrites Comfortable Lifestyles 
for Pyongyang's Elite,'' Wall Street Journal, September 15, 2014 
(www.wsj.com/articles/defectors-detail-how-north-koreas-office-39-filters-money-to-kims-private-slush-fund-1410823969); see also 
``Criminal Sovereignty: Understanding North Korea's Illicit 
International Activities,'' Strategic Studies Institute, March 2010. 
(www.strategicstudiesinstitute.army.mil/pdffiles/pub975.pdf)
---------------------------------------------------------------------------

    Office 39 was listed for an asset blocking by the President in the 
Annex to E.O. 13551 in August 2010,\41\ and is the branch of the North 
Korean Government that provides illicit economic support to North 
Korean leadership, including managing slush funds for North Korean 
government officials.\42\ The UN listed Office 39 under UNSCRs 1718 and 
2270 in March 2016.\43\ Examples of Office 39 activity include 
collecting a significant portion of loyalty funds paid by DPRK 
officials to the regime annually, and using deceptive financial 
practices such as smuggling U.S. dollars into North Korea.
---------------------------------------------------------------------------

    \41\ See E.O. 13551.
    \42\ ``Treasury Designates Key Nodes of the Illicit Financing 
Network of North Korea's Office 39,'' November 18, 2010 (https://www.treasury.gov/press-center/press-releases/Pages/tg962.aspx).
    \43\ See UNSCR 1718; UNSCR 2270.
---------------------------------------------------------------------------

    To support its efforts, Office 39 controls Korea Daesong Bank 
(KDB), which is used to facilitate financial transactions supporting 
the procurement of luxury goods. Treasury designated KDB under E.O. 
13551 in November 2010 as an instrumentality of Office 39.\44\ In spite 
of its designation, KDB continues to conduct illicit transactions on 
behalf of the regime, including by operating front companies on behalf 
of organizations such as Office 39 abroad; by using an overseas branch 
office to both pay a number of overseas companies that provide labor 
and services on behalf of North Korea, and to remit funds to Pyongyang; 
and by utilizing KDB representatives abroad to make payments for goods 
imported into North Korea.
---------------------------------------------------------------------------

    \44\ See ``Treasury Designates Key Nodes of the Illicit 
Financing Network of North Korea's Office 39,'' November 18, 2010 
(https://www.treasury.gov/press-center/press-releases/Pages/tg962.aspx).

Jamal El-Hindi,
Acting Director, Financial Crimes Enforcement Network.
[FR Doc. 2016-13038 Filed 6-1-16; 8:45 am]
 BILLING CODE 4810-02-P



                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                                   35441

                                                    address: The target population to which                 DEPARTMENT OF THE TREASURY                             the primary money laundering concern.
                                                    generalizations will be made, the                                                                              For purposes of the finding contained in
                                                    sampling frame, the sample design                       Financial Crimes Enforcement Network                   this notice, the Secretary has delegated
                                                    (including stratification and clustering),                                                                     his authority under Section 311 to the
                                                                                                            Finding That the Democratic People’s                   Director of FinCEN.1
                                                    the precision requirements or power
                                                                                                            Republic of Korea Is a Jurisdiction of                    Taken as a whole, Section 311
                                                    calculations that justify the proposed                  Primary Money Laundering Concern
                                                    sample size, the expected response rate,                                                                       provides the Secretary with a range of
                                                    methods for assessing potential                         AGENCY: The Financial Crimes                           options that can be adapted to target
                                                    nonresponse bias, the protocols for data                Enforcement Network (‘‘FinCEN’’),                      specific money laundering and terrorist
                                                    collection, and any testing procedures                  Treasury.                                              financing concerns most effectively.
                                                    that were or will be undertaken prior to                ACTION: Notice of finding.                             Through the imposition of various
                                                    fielding the study. Depending on the                                                                           special measures, the Secretary can gain
                                                                                                            SUMMARY:   This document provides                      more information about the
                                                    degree of influence the results are likely              notice that, pursuant to the authority                 jurisdictions, institutions, transactions,
                                                    to have, such collections may still be                  contained in the USA PATRIOT Act, the                  or accounts of concern; can more
                                                    eligible for submission for other generic               Director of FinCEN found on May 27,                    effectively monitor the respective
                                                    mechanisms that are designed to yield                   2016 that reasonable grounds exist for                 jurisdictions, institutions, transactions,
                                                    quantitative results. As a general matter,              concluding that the Democratic People’s                or accounts; or can prohibit U.S.
                                                    information collections will not result                 Republic of Korea (‘‘DPRK’’ or ‘‘North                 financial institutions from involvement
                                                    in any new system of records containing                 Korea’’) is a jurisdiction of primary                  with jurisdictions, institutions,
                                                    privacy information and will not ask                    money laundering concern.                              transactions, or accounts that pose a
                                                    questions of a sensitive nature, such as                FOR FURTHER INFORMATION CONTACT:                       money laundering concern.
                                                    sexual behavior and attitudes, religious                FinCEN, (800) 949–2732.                                   Before making a finding that
                                                    beliefs, and other matters that are                     SUPPLEMENTARY INFORMATION:                             reasonable grounds exist for concluding
                                                    commonly considered private.                                                                                   that a jurisdiction is of primary money
                                                                                                            I. Background
                                                       Respondents: Individuals and                                                                                laundering concern, the Secretary is
                                                    Households, Businesses and                              A. Statutory Provisions                                required to consult with both the
                                                    Organizations, State, Local or Tribal                      On October 26, 2001, the President                  Secretary of State and the Attorney
                                                    Government.                                             signed into law the Uniting and                        General. The Secretary is also required
                                                                                                            Strengthening America by Providing                     by Section 311, as amended,2 to
                                                       Estimated Expected Annual Number                                                                            consider ‘‘such information as the
                                                    of Activities: 15.                                      Appropriate Tools Required to Intercept
                                                                                                            and Obstruct Terrorism Act of 2001 (the                Secretary determines to be relevant,
                                                       Estimated Annual Responses: 5,900.                   ‘‘USA PATRIOT Act’’), Public Law 107–                  including the following potentially
                                                       Frequency of Response: Once per                      56. Title III of the USA PATRIOT Act                   relevant factors,’’ which extend the
                                                    Request.                                                amends the anti-money laundering                       Secretary’s consideration beyond
                                                                                                            provisions of the Bank Secrecy Act                     traditional money laundering concerns
                                                       Estimated Annual Burden: 1,758.                                                                             to issues involving, inter alia, terrorist
                                                                                                            (‘‘BSA’’), codified at 12 U.S.C. 1829b, 12
                                                       Public Comments Invited: You are                     U.S.C 1951–1959, and 31 U.S.C. 5311–                   financing and the proliferation of
                                                    asked to comment on any aspect of this                  5314 and 5316–5332, to promote                         weapons of mass destruction (‘‘WMD’’)
                                                    information collection, including (a)                   prevention, detection, and prosecution                 or missiles:
                                                    whether the proposed collection of                      of international money laundering and                     • Evidence that organized criminal
                                                    information is necessary for the                        the financing of terrorism. Regulations                groups, international terrorists, or
                                                    Department’s performance; (b) the                       implementing the BSA appear at 31 CFR                  entities involved in the proliferation of
                                                    accuracy of the estimated burden; (c)                   Chapter X.                                             WMD or missiles, have transacted
                                                    ways for the Department to enhance the                     Section 311 of the USA PATRIOT Act                  business in that jurisdiction;
                                                    quality, utility and clarity of the                     (‘‘Section 311’’) added 31 U.S.C. 5318A                   • The extent to which that
                                                    information collection; and (d) ways                    to the BSA, granting the Secretary of the              jurisdiction or financial institutions
                                                                                                            Treasury (the ‘‘Secretary’’) the authority,            operating in that jurisdiction offer bank
                                                    that the burden could be minimized
                                                                                                            upon finding that reasonable grounds                   secrecy or special regulatory advantages
                                                    without reducing the quality of the
                                                                                                            exist for concluding that a foreign                    to nonresidents or nondomiciliaries of
                                                    collected information. The agency will
                                                                                                            jurisdiction, institution, class of                    that jurisdiction;
                                                    summarize and/or include your                                                                                     • The substance and quality of
                                                    comments in the request for OMB’s                       transactions, or type of account is of
                                                                                                            ‘‘primary money laundering concern,’’                  administration of the bank supervisory
                                                    clearance of this information collection.                                                                      and counter- money laundering laws of
                                                                                                            to require domestic financial
                                                      Authority: The Paperwork Reduction Act                institutions and financial agencies to                 that jurisdiction;
                                                    of 1995; 44 U.S.C. Chapter 35, as amended;              take certain ‘‘special measures’’ against                 • The relationship between the
                                                    and 49 CFR 1:93.                                        the primary money laundering concern.                  volume of financial transactions
                                                      Dated: May 24, 2016.                                  Section 311 identifies factors for the                 occurring in that jurisdiction and the
                                                                                                            Secretary to consider and requires                     size of the economy of the jurisdiction;
                                                    T. Mitchell Hudson, Jr.,
                                                                                                            Federal agencies to consult before the                    • The extent to which that
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Secretary, Maritime Administration.                                                                            jurisdiction is characterized as an
                                                                                                            Secretary may conclude that a
                                                    [FR Doc. 2016–12973 Filed 6–1–16; 8:45 am]                                                                     offshore banking or secrecy haven by
                                                                                                            jurisdiction, institution, class of
                                                    BILLING CODE 4910–81–P                                  transaction, or type of account is of
                                                                                                            primary money laundering concern. The                     1 Therefore, references to the authority and

                                                                                                            statute also provides similar procedures,              findings of the Secretary in this document apply
                                                                                                                                                                   equally to the Director of FinCEN.
                                                                                                            i.e., factors and consultation                            2 31 U.S.C. 5318A was amended by section 501
                                                                                                            requirements, for selecting the specific               of the Iran Freedom Support Act of 2006, Public
                                                                                                            special measures to be imposed against                 Law 109–293.



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                                                    35442                           Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

                                                    credible international organizations or                     • The effect of the action on U.S.                  transactions disassociated from the
                                                    multilateral expert groups;                               national security and foreign policy.                 movement of goods or services.6
                                                       • Whether the United States has a                                                                               The Treaty on the Non-Proliferation of
                                                    mutual legal assistance treaty with that                  B. Democratic People’s Republic of                    Nuclear Weapons and the International
                                                    jurisdiction, and the experience of U.S.                  Korea                                                 Atomic Energy Agency Safeguards
                                                    law enforcement officials and regulatory                                                                        Agreement work together to prevent the
                                                                                                                 As set out in detail below, North
                                                    officials in obtaining information about                                                                        development of nuclear weapons and
                                                                                                              Korea continues to advance its nuclear                promote the peaceful use of nuclear
                                                    transactions originating in or routed
                                                                                                              and ballistic missile programs in                     energy. Although North Korea acceded
                                                    through or to such jurisdiction; and
                                                                                                              violation of international treaties,
                                                       • The extent to which that                                                                                   to the Treaty on the Non-Proliferation of
                                                                                                              international censure and sanctions                   Nuclear Weapons (‘‘NPT’’) in 1985, it
                                                    jurisdiction is characterized by high
                                                    levels of official or institutional                       measures, and U.S. law. North Korea                   withdrew from the Treaty in 2003.
                                                    corruption.                                               does this using an extensive overseas                 Subsequently, North Korea
                                                       If the Secretary determines that                       network of front companies, shell                     demonstrated its nuclear weapons
                                                    reasonable grounds exist for concluding                   companies, joint ventures, and opaque                 capacity with nuclear tests in 2006,
                                                    that a jurisdiction is of primary money                   business relationships. North Korea                   2009, 2013, and 2016.7
                                                    laundering concern, the Secretary is                      conducts almost no banking in true                       Since 2005, North Korea has been
                                                    authorized to impose one or more of the                   name in the formal financial system                   sanctioned repeatedly for its
                                                    special measures in Section 311 to                        given that many of its outward facing                 proliferation of WMD and the
                                                    address the specific money laundering                     agencies and financial institutions have              development of nuclear and ballistic
                                                    risks. Section 311 provides a range of                    been sanctioned by the United States,                 missile programs. Between June 2006
                                                    special measures that can be imposed                      the United Nations, or both.                          and 2016, the United Nations (UN)
                                                    individually, jointly, and in any                                                                               Security Council issued five UNSCRs—
                                                                                                                 While none of North Korea’s financial              1718, 1874, 2087, 2094, and 2270—
                                                    sequence.3 Before imposing special                        institutions maintain correspondent
                                                    measures, the statute requires the                                                                              restricting North Korea’s financial and
                                                                                                              accounts with U.S. financial                          operational activities related to its
                                                    Secretary to consult with appropriate                     institutions,5 North Korea does have
                                                    federal agencies and other interested                                                                           nuclear and missile programs and
                                                                                                              access to the U.S. financial system                   conventional arms sales.8 In addition,
                                                    parties 4 and to consider the following
                                                                                                              through a system of front companies,                  the President of the United States has
                                                    specific factors:
                                                                                                              business arrangements, and                            issued Executive Orders (‘‘E.O.s’’)
                                                       • Whether similar action has been or
                                                    is being taken by other nations or                        representatives that obfuscate the true               13466, 13551, 13570, 13687, and 13722
                                                    multilateral groups;                                      originator, beneficiary, and purpose of               to impose sanctions on North Korea
                                                                                                              transactions. We assess that these                    pursuant to the International Emergency
                                                       • Whether the imposition of any
                                                                                                              deceptive practices have allowed                      Economic Powers Act, and the
                                                    particular special measures would
                                                                                                              millions of U.S. dollars of DPRK illicit              Department of the Treasury has
                                                    create significant competitive
                                                                                                              activity to flow through U.S.                         designated North Korea targets for asset
                                                    disadvantage, including any undue cost
                                                                                                              correspondent accounts.                               freezes pursuant to other E.O.s, such as
                                                    or burden associated with compliance,
                                                                                                                                                                    E.O. 13382, which targets WMD
                                                    for financial institutions organized or                      Moreover, although U.S. and                        proliferators worldwide. A designation
                                                    licensed in the United States;                            international sanctions have served to                under any one of the targeting E.O.s
                                                       • The extent to which the action or                    significantly isolate North Korean banks              generally blocks the property and
                                                    the timing of the action would have a                     from the international financial system,              interests in property in the United
                                                    significant adverse systemic impact on                    the North Korean government continues                 States or in the possession or control of
                                                    the international payment, clearance,                     to access the international financial                 a U.S. person of a designated person,
                                                    and settlement system, or on legitimate                   system to support its WMD and                         and prohibits U.S. persons from
                                                    business activities involving the                         conventional weapons programs. This is                engaging in transactions with, or dealing
                                                    particular jurisdiction; and                                                                                    in property interests of, a designated
                                                                                                              made possible through its use of aliases,
                                                                                                              agents, foreign individuals in multiple               person.
                                                       3 Available special measures include requiring:
                                                                                                              jurisdictions, and a long-standing                       On June 28, 2005, the President
                                                    (1) Recordkeeping and reporting of certain financial
                                                    transactions; (2) collection of information relating to   network of front companies and North                  issued E.O. 13382, ‘‘Blocking Property
                                                    beneficial ownership; (3) collection of information       Korean embassy personnel which                        of Weapons of Mass Destruction
                                                    relating to certain payable-through accounts; (4)
                                                                                                              support illicit activities through                    Proliferators and Their Supporters,’’
                                                    collection of information relating to certain                                                                   which orders certain measures to be
                                                    correspondent accounts; and (5) prohibition or            banking, bulk cash, and trade. Front
                                                                                                                                                                    taken to address the threat posed to the
                                                    conditions on the opening or maintaining of               company transactions originating in
                                                    correspondent or payable-through accounts. 31                                                                   United States by the proliferation of
                                                                                                              foreign-based banks have been
                                                    U.S.C. 5318A(b)(1)–(5).
                                                       4 Section 5318A(a)(4)(A) requires the Secretary to     processed through correspondent bank                    6 See ‘‘Report of the Panel of Experts established

                                                    consult with the Chairman of the Board of                 accounts in the United States and                     pursuant to resolution 1874 (2009),’’ February,
                                                    Governors of the Federal Reserve System, any other        Europe. Further, the enhanced due                     2016.
                                                    appropriate Federal banking agency, the Secretary         diligence required by United Nations                    7 See ‘‘IAEA and DPRK: Chronology of Key

                                                    of State, the Securities and Exchange Commission                                                                Events,’’ (https://www.iaea.org/newscenter/focus/
                                                                                                              Security Council Resolutions (UNSCRs)
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                                                    (‘‘SEC’’), the Commodity Futures Trading                                                                        dprk/chronology-of-key-events).
                                                    Commission (‘‘CFTC’’), the National Credit Union          related to North Korea is undermined by                 8 See UNSCR 1718 (http://www.un.org/en/ga/
                                                    Administration (‘‘NCUA’’), and, in the sole               North Korean-linked front companies,                  search/view_doc.asp?symbol=S/RES/1718(2006));
                                                    discretion of the Secretary, ‘‘such other agencies                                                              UNSCR 1874 (http://www.un.org/en/ga/search/
                                                    and interested parties as the Secretary may find to
                                                                                                              which are often registered by non-North               view_doc.asp?symbol=S/RES/1874(2009)); UNSCR
                                                    be appropriate.’’ The consultation process must also      Korean citizens, and which conceal                    2087 (http://www.un.org/en/ga/search/
                                                    include the Attorney General if the Secretary is          their activity through the use of indirect            view_doc.asp?symbol=S/RES/2087(2013)); UNSCR
                                                    considering prohibiting or imposing conditions on         payment methods and circuitous                        2094 (http://www.un.org/en/ga/search/
                                                    domestic financial institutions opening or                                                                      view_doc.asp?symbol=S/RES/2094(2013)); UNSCR
                                                    maintaining correspondent account relationships                                                                 2270 (http://www.un.org/en/ga/search/
                                                    with the targeted entity.                                  5 Bankers   Almanac, accessed February 12, 2016.     view_doc.asp?symbol=S/RES/2270(2016)).



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                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                             35443

                                                    WMD and their means of delivery.9 The                   to be officials, agencies,                              relevant federal agencies and
                                                    following two North Korean entities                     instrumentalities, or controlled entities               departments, and in consideration of the
                                                    were sanctioned in the Annex to E.O.                    of the Government of North Korea or the                 factors enumerated in Section 311 of the
                                                    13382: Korea Mining Development                         Workers’ Party of Korea.13                              USA PATRIOT Act, the Director of
                                                    Trading Corporation (KOMID), North                         On March 15, 2016, the President                     FinCEN has determined that reasonable
                                                    Korea’s primary arms exporter; and                      issued E.O. 13722, ‘‘Blocking Property                  grounds exist for concluding that North
                                                    Tanchon Commercial Bank (TCB), the                      of the Government of North Korea and                    Korea is a jurisdiction of primary money
                                                    financial arm of KOMID. As noted                        the Workers’ Party of Korea, and                        laundering concern. While FinCEN has
                                                    further below, additional North Korean                  Prohibiting Certain Transactions with
                                                                                                                                                                    considered all potentially relevant
                                                    financial institutions, including Korea                 Respect to North Korea,’’ which, among
                                                                                                                                                                    factors set forth in Section 5318A, a
                                                    Kwangson Banking Corporation (KKBC),                    other things, blocks the property and
                                                                                                            interests in property of the Government                 discussion of those most pertinent to
                                                    Foreign Trade Bank (FTB), and Daedong                                                                           this finding follows. FinCEN has
                                                    Credit Bank (DCB), were subsequently                    of North Korea and the Workers’ Party
                                                                                                            of Korea and authorizes further asset                   determined that North Korea (A) uses
                                                    designated pursuant to E.O. 13382.
                                                                                                            blockings on persons determined to be                   state-controlled financial institutions
                                                       On June 26, 2008, the President
                                                    issued E.O. 13466, ‘‘Continuing Certain                 operating in industries of the North                    and front companies to conduct
                                                    Restrictions With Respect to North                      Korean economy determined by the                        international financial transactions that
                                                    Korea and North Korean Nationals,’’                     Secretary of the Treasury, in                           support the proliferation of WMD and
                                                    declaring a national emergency to deal                  consultation with the Secretary of State,               the development of ballistic missiles in
                                                    with the unusual and extraordinary                      to be subject to the measure. To date                   violation of international and U.S.
                                                    threat to the national security and                     those industries include the                            sanctions; (B) is subject to little or no
                                                    foreign policy of the United States                     transportation, mining, energy and                      bank supervision or anti-money
                                                    constituted by the existence and risk of                financial services industries.14                        laundering or combating the financing
                                                    the proliferation of weapons-usable                     Additionally, FinCEN issued advisories                  of terrorism (‘‘AML/CFT’’) controls; (C)
                                                    fissile material on the Korean                          in 2005, 2009, and 2013 regarding the                   has no mutual legal assistance treaty
                                                    peninsula.10                                            threat posed by the North Korean                        with the United States; and (D) relies on
                                                       On August 30, 2010, the President                    government to U.S. and international                    the illicit and corrupt activity of high-
                                                    issued E.O. 13551, ‘‘Blocking Property                  financial institutions. Specifically, these             level officials to support its government.
                                                    of Certain Persons with Respect to North                advisories have urged caution when
                                                    Korea,’’ which authorized asset                         dealing with North Korean financial                     A. Evidence That Organized Criminal
                                                    blockings against those determined,                     institutions due to their use of front                  Groups, International Terrorists, or
                                                    among other things, to have engaged in                  companies and other deceptive financial                 Entities Involved in the Proliferation of
                                                    the importation or exportation of North                 practices.15                                            Weapons of Mass Destruction or
                                                                                                               Numerous North Korean individuals,                   Missiles, Have Transacted Business in
                                                    Korean arms or the exportation to North
                                                                                                            financial institutions, and other entities              That Jurisdiction
                                                    Korea of luxury goods.11
                                                                                                            facilitating financial transactions in
                                                       On April 18, 2011, the President
                                                                                                            support of North Korea’s proliferation of                  North Korea uses state-owned entities
                                                    issued E.O. 13570, ‘‘Prohibiting Certain
                                                                                                            WMD or ballistic missiles have been                     and banks to conduct transactions in
                                                    Transactions with Respect to North
                                                                                                            listed in or designated pursuant to these               support of North Korea’s proliferation of
                                                    Korea,’’ which takes additional steps to
                                                                                                            UNSCRs or E.O.s. In many cases, these                   WMD or ballistic missiles. The United
                                                    address the national emergency
                                                                                                            sanctions have targeted front companies                 States and United Nations have
                                                    declared in E.O. 13466 and expanded in
                                                                                                            or the individual representatives of                    identified Korea Mining Development
                                                    E.O. 13551.12 This E.O. was designed in                 sanctioned entities who operate outside
                                                    part to ensure implementation of the                                                                            Trading Corporation (KOMID), Tanchon
                                                                                                            of North Korea.                                         Commercial Bank (TCB), Korea
                                                    import restrictions contained in
                                                    UNSCRs 1718 and 1874.                                   II. Analysis of Factors                                 Kwangson Banking Corporation (KKBC),
                                                       On January 2, 2015, the President                       Based upon a review of information                   and Daedong Credit Bank (DCB) as
                                                    issued E.O. 13687, ‘‘Imposing                           available to FinCEN, consultations with                 entities that conduct financial
                                                    Additional Sanctions with Respect to                                                                            transactions in support of North Korea’s
                                                    North Korea,’’ which blocks the                           13 See E.O. 13687 ‘‘Imposing Additional               proliferation of WMD or ballistic
                                                    property of persons who are determined                  Sanctions with Respect to North Korea,’’ (2015)         missiles; the United States has also
                                                                                                            (https://www.federalregister.gov/articles/2015/01/
                                                                                                            06/2015-00058/imposing-additional-sanctions-with-
                                                                                                                                                                    sanctioned Foreign Trade Bank (FTB)
                                                      9 See E.O. 13382 ‘‘Blocking Property of Weapons
                                                                                                            respect-to-north-korea).                                for this activity. Directing business from
                                                    of Mass Destruction Proliferators and Their
                                                    Supporters,’’ (2005) (https://
                                                                                                              14 See E.O. 13722 ‘‘Blocking Property of the          North Korea, these state-owned entities
                                                                                                            Government of North Korea and the Workers’ Party        and banks use front companies or covert
                                                    www.federalregister.gov/articles/2005/07/01/05-
                                                                                                            of Korea, and Prohibiting Certain Transactions with
                                                    13214/blocking-property-of-weapons-of-mass-                                                                     representatives to obfuscate the true
                                                                                                            Respect to North Korea,’’ (2016) (https://
                                                    destruction-proliferators-and-their-supporters).
                                                      10 See E.O. 13466 ‘‘Continuing Certain
                                                                                                            www.gpo.gov/fdsys/pkg/FR-2016-03-18/pdf/FR-             originator, beneficiary, and purpose of
                                                                                                            2016-03-18.pdf).                                        transactions. Doing so has allowed
                                                    Restrictions With Respect to North Korea and North        15 See ‘‘Guidance to Financial Institutions on the
                                                    Korean Nationals,’’ (2008) (https://                    Provision of Banking Services to North Korean           millions of U.S. dollars of DPRK illicit
                                                    www.federalregister.gov/articles/2008/06/27/08-         Government Agencies and Associated Front                activity to flow through U.S.
                                                    1399/continuing-certain-restrictions-with-respect-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Companies Engaged in Illicit Activities,’’ FinCEN       correspondent accounts. Entities in
                                                    to-north-korea-and-north-korean-nationals).             (2005) (https://www.fincen.gov/statutes_regs/
                                                      11 See E.O. 13551 ‘‘Blocking Property of Certain
                                                                                                            guidance/pdf/advisory.pdf); ‘‘North Korea               North Korea involved in the
                                                    Persons with Respect to North Korea,’’ (2010)           Government Agencies’ and Front Companies’               proliferation of WMD or ballistic
                                                    (https://www.gpo.gov/fdsys/pkg/FR-2010-09-01/           Involvement in Illicit Financial Activities,’’ FinCEN   missiles conduct business in, from, or
                                                    pdf/X10-10901.pdf).                                     (2009) (https://www.fincen.gov/statutes_regs/
                                                      12 See E.O. 13570 ‘‘Prohibiting Certain               guidance/pdf/fin-2009-a002.pdf); ‘‘Update on the
                                                                                                                                                                    through North Korea, or at the direction
                                                    Transactions with Respect to North Korea,’’ (2011)      Continuing Illicit Finance Threat Emanating from        of the North Korean government, have
                                                    (https://www.federalregister.gov/articles/2011/04/      North Korea,’’ FinCEN (2013) (https://                  evaded the prohibitions set forth in
                                                    20/2011-9739/prohibiting-certain-transactions-with-     www.fincen.gov/statutes_regs/guidance/pdf/FIN-
                                                    respect-to-north-korea).                                2013-A005.pdf).
                                                                                                                                                                    relevant UNSCRs and E.O.s.



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                                                    35444                          Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

                                                    The Korea Mining Development Trading                    weapons through its representatives in                 individuals is also listed under UNSCR
                                                    Corporation                                             Burma and its office in Indonesia. In                  1718.26
                                                      The President subjected the Korea                     2015, KOMID also sold dual-use WMD-                      North Korea has a long history of
                                                    Mining Development Trading                              related equipment to Egypt, and                        using TCB and front companies to
                                                    Corporation (KOMID) to an asset                         engaged with Egypt on missile                          facilitate proliferation and missile-
                                                    blocking by listing it in the Annex of                  cooperation and development.                           related transactions. Dating as far back
                                                    E.O. 13382 in June 2005,16 and the                      Additionally, KOMID occasionally                       as 2005, TCB, Korea Namchongang
                                                    Department of the Treasury designated                   procures equipment and materials for                   Trading Corporation (‘‘Namchongang’’),
                                                    KOMID pursuant to E.O. 13687 in                         Second Academy of Natural Sciences                     and front companies have facilitated
                                                    January 2015 17 for being North Korea’s                 (SANS) research—an entity subject to an                deals that could be associated with
                                                    primary arms dealer and its main                        asset blocking by the U.S. under E.O.                  proliferation. The U.S. Department of
                                                    exporter of goods and equipment related                 13382 in August 2010 for using                         State designated Namchongang in June
                                                    to ballistic missiles and conventional                  subordinate organizations to obtain                    2009 under E.O. 13382 for WMD
                                                    weapons.18 The UN Security Council                      technology, equipment, and information                 proliferation activities; 27 the UN listed
                                                    also listed KOMID under UNSCR 1718                      for use in North Korea’s weapons and                   Namchongang under UNSCR 1718 in
                                                    in April 2009, subjecting it to a                       nuclear programs.21                                    July 2009,28 and also listed its successor
                                                    worldwide asset blocking.19 Further,                       Payments for weapons were often                     organization—Namhung Trading
                                                    between 2013 and 2016, the Department                   funneled through front companies                       Corporation—under UNSCR 2270 in
                                                    of the Treasury designated a number of                  operating at the direction of North                    March 2016.29 TCB also received
                                                    individuals under E.O. 13382 or E.O.                    Korean banks. The Department of the                    millions of U.S. dollars in 2009 from a
                                                    13687 for their roles acting on behalf of               Treasury designated one of these front                 China-based representative as partial
                                                    KOMID in, or as KOMID representatives                   companies, Leader (Hong Kong)                          payment for weapons exported to
                                                    to, Burma, China, Egypt, Iran, Namibia,                 International Trading Limited, under                   Burma, Iran, and other countries.
                                                    Russia, Sudan, and Syria.20                             E.O. 13382 in January 2013 for                         Additionally, in 2015 TCB accounts
                                                      Despite the sanctions placed on                       facilitating the shipment of machinery                 were used to purchase technology and
                                                    KOMID and its network, North Korea                      and equipment to customers on behalf                   equipment in support of U.S.-designated
                                                    continues to sell weapons abroad.                       of KOMID and directly to KOMID                         SANS research and development
                                                    Between 2001 and 2007, North Korean                     representatives located outside of North               activities.
                                                    weapons manufacturers marketed or                       Korea.22 Between January 2009 and                      The Korea Kwangson Banking
                                                    exported North Korean weapons to                        November 2012, Leader (Hong Kong)                      Corporation
                                                    Angola, Cuba, Iran, Iraq, Pakistan,                     International cleared at least $13.5
                                                                                                            million through correspondent accounts                    As noted, the Department of the
                                                    Uganda, United Arab Emirates, and
                                                                                                            at U.S. banks.                                         Treasury sanctioned Korea Kwangson
                                                    Yemen. As recently as 2015, KOMID
                                                                                                                                                                   Banking Corporation (KKBC) under E.O.
                                                    marketed or exported North Korean                       The Tanchon Commercial Bank                            13382 in August 2009 for facilitating
                                                    ballistic missiles or conventional
                                                                                                              As noted above, Tanchon Commercial                   financial transactions for E.O. 13382-
                                                      16 See                                                Bank (TCB) was listed by the President                 sanctioned TCB and the Korea Hyoksin
                                                              E.O. 13382.
                                                      17 See  ‘‘Issuance of new North Korea-related         in the Annex of E.O. 13382 in June                     Trading Corporation (‘‘Hyoksin’’); 30 the
                                                    Executive Order; North Korea Designations,’’            2005, subjecting it to an asset blocking,              UN listed KKBC under UNSCR 2270 in
                                                    January 2, 2015 (https://www.treasury.gov/resource-     and the UN Security Council listed TCB                 March 2016.31 As noted above, TCB was
                                                    center/sanctions/OFAC-Enforcement/Pages/                                                                       sanctioned by the United States in June
                                                    20150102.aspx).
                                                                                                            under UNSCR 1718 in April 2009.23
                                                       18 See ‘‘Treasury Imposes Sanctions Against the      TCB is the financial arm of KOMID and                  2005 and listed by the UN under
                                                    Government of the Democratic People’s Republic of       the main North Korean financial                        UNSCR 1718 in April 2009; further, in
                                                    Korea,’’ January 2, 2015 (https://www.treasury.gov/     institution for the sale of conventional               July 2009 the Department of the
                                                    press-center/press-releases/Pages/jl9733.aspx).         arms, ballistic missiles, and goods                    Treasury designated Hyoksin under E.O.
                                                       19 See ‘‘Letter dated 24 April 2009 from the

                                                    Chairman of the Security Council Committee
                                                                                                            related to the assembly and manufacture
                                                                                                            of such weapons.24 Between 2009 and                    Of Mass Destruction Program,’’ January 24, 2013
                                                    established pursuant to resolution 1718 (2006)
                                                                                                                                                                   (https://www.treasury.gov/press-center/press-
                                                    addressed to the President of the Security Council,’’   2015 the Department of the Treasury                    releases/Pages/tg1828.aspx); ‘‘Treasury Targets
                                                    April 24, 2009 (http://                                 designated nine individuals under E.O.                 North Korea’s Global Weapons Proliferation
                                                    www.securitycouncilreport.org/atf/cf/
                                                    %7B65BFCF9B-6D27-4E9C-8CD3-                             13382 for working on behalf of TCB,                    Network,’’ December 8, 2015 (https://
                                                                                                            including as representatives to China,                 www.treasury.gov/press-center/press-releases/
                                                    CF6E4FF96FF9%7D/
                                                                                                                                                                   Pages/jl0295.aspx); ‘‘Non-proliferation
                                                    NKorea%20S2009%20222.pdf).                              Syria, and Vietnam.25 Each of these                    Designations,’’ March 7, 2013 (https://
                                                       20 See ‘‘United States Sanctions Individuals
                                                                                                                                                                   www.treasury.gov/resource-center/sanctions/OFAC-
                                                    Linked to North Korea Weapons of Mass                     21 See ‘‘United States Designates North Korean       Enforcement/Pages/20130307.aspx).
                                                    Destruction Programs,’’ March 7, 2013 (https://         Entities and Individuals for Activities Related to       26 See ‘‘The List Established and Maintained by
                                                    www.treasury.gov/press-center/press-releases/           North Korea’s Weapons of Mass Destruction              the 1718 (2006) Committee,’’ (https://www.un.org/
                                                    Pages/jl1872.aspx); ‘‘Treasury Imposes Sanctions
                                                                                                            Program,’’ August 30, 2010 (https://                   sc/suborg/sites/www.un.org.sc.suborg/files/
                                                    Against the Government of the Democratic People’s
                                                                                                            www.treasury.gov/press-center/press-releases/          1718.pdf).
                                                    Republic of Korea,’’ January 2, 2015 (https://
                                                                                                            Pages/tg840.aspx).                                       27 See ‘‘State Designation of North Korean
                                                    www.treasury.gov/press-center/press-releases/             22 See ‘‘Treasury Sanctions Company And
                                                    Pages/jl9733.aspx); ‘‘Treasury Sanctions Supporters                                                            Nuclear Entity,’’ June 30, 2009 (www.state.gov/r/pa/
                                                    of North Korea’s Weapons of Mass Destruction and        Individuals Linked To North Korean Weapons Of          prs/ps/2009/06a/125505.htm).
                                                                                                            Mass Destruction Program,’’ January 24, 2013             28 See ‘‘Security Council Committee Determines
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Illicit Finance Networks,’’ November 13, 2015
                                                    (https://www.treasury.gov/press-center/press-           (https://www.treasury.gov/press-center/press-          Entities, Goods, Individuals, Subject to Measures
                                                    releases/Pages/jl0269.aspx); ‘‘Treasury Sanctions       releases/Pages/tg1828.aspx).                           Imposed on Democratic People’s Republic of Korea
                                                    Those Involved in Ballistic Missile Procurement for
                                                                                                              23 See UNSCR 1718.                                   by Resolution 1718 (2006),’’ July 16, 2009
                                                    Iran,’’ January 17, 2016 (https://www.treasury.gov/       24 See E.O. 13382; see also Footnote 28.             (www.un.org/press/en/2009/sc9708.doc.htm).
                                                                                                              25 See ‘‘Treasury Designates North Korean Bank         29 See UNSCR 2270.
                                                    press-center/press-releases/Pages/jl0322.aspx);
                                                                                                                                                                     30 See ‘‘Treasury Designates Financial Institution
                                                    ‘‘The United States Sanctions North Korean              and Banking Official as Proliferators of Weapons of
                                                    Government Officials and Organizations Tied to its      Mass Destruction,’’ October 23, 2009 (https://         Tied to North Korea’s WMD Proliferation,’’ August
                                                    Missile and Nuclear Programs,’’ March 2, 2016           www.treasury.gov/press-center/press-releases/          11, 2009 (https://www.treasury.gov/press-center/
                                                    (https://www.treasury.gov/press-center/press-           Pages/tg330.aspx); ‘‘Treasury Sanctions Company        press-releases/Pages/tg260.aspx).
                                                    releases/Pages/jl0372.aspx).                            And Individuals Linked To North Korean Weapons           31 See UNSCR 2270.




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                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                                  35445

                                                    13382, and the UN listed Hyoksin under                  under E.O. 13382 in June 2013 for                      members in implementing necessary
                                                    UNSCR 1718 for WMD proliferation                        managing millions of dollars of                        measures, reviews money laundering
                                                    activity.32 In spite of its designation,                transactions in support of the North                   and terrorist financing techniques and
                                                    KKBC has continued to evade sanctions                   Korean regime’s nuclear proliferation                  countermeasures, and promotes the
                                                    and process financial transactions that                 and missile-related activities.34 The UN               adoption and implementation of
                                                    support the proliferation of WMD and                    listed DCB under UNSCR 2270 in March                   appropriate measures globally. In
                                                    ballistic missiles by using front                       2016. DCB has demonstrated through its                 collaboration with other international
                                                    companies to clear U.S. dollar                          activity that it is willing to facilitate              stakeholders, the FATF works to
                                                    transactions through U.S. correspondent                 transactions at the direction of, and in               identify national-level vulnerabilities
                                                    accounts. In 2013, senior North Korean                  coordination with, the government of
                                                                                                                                                                   with the aim of protecting the
                                                    leadership utilized a KKBC front                        North Korea. Since at least 2007, DCB
                                                                                                                                                                   international financial system from
                                                    company to open accounts at a major                     has facilitated hundreds of financial
                                                    Chinese bank under the names of                         transactions worth millions of dollars                 misuse. Due to North Korea’s ongoing
                                                    Chinese citizens, and deposited millions                on behalf of designated actors, KOMID                  failure to address its AML/CFT
                                                    of U.S. dollars into the accounts. The                  and TCB. Some of these transactions                    deficiencies, the FATF has publicly
                                                    same KKBC front company processed                       involved deceptive practices that                      identified substantial money laundering
                                                    transactions through U.S. correspondent                 include the use of front companies                     and terrorist financing risks emanating
                                                    accounts as recently as 2013.                           located outside of North Korea to                      from the jurisdiction and has identified
                                                                                                            process cross-border payments. DCB                     North Korea as one of only two
                                                    The Foreign Trade Bank                                                                                         jurisdictions in the world subject to
                                                                                                            also directed a front company, DCB
                                                       The Department of the Treasury                       Finance Limited, to carry out                          FATF counter-measures since 2011.
                                                    designated Foreign Trade Bank (FTB)                     international financial transactions as a                 In FATF’s Public Statement dated
                                                    under E.O. 13382 in March 2013 for                      means to avoid scrutiny by financial                   February 19, 2016, the FATF reiterated
                                                    facilitating transactions on behalf of                  institutions. DCB Finance Limited has
                                                    actors linked to North Korea’s nuclear                                                                         its concern about North Korea’s failure
                                                                                                            conducted transactions through                         to address the significant deficiencies in
                                                    proliferation networks.33 Headquartered                 correspondent accounts at U.S. banks.
                                                    in Pyongyang, FTB acts as North Korea’s                    Based upon the information above,                   its AML/CFT regime, and the serious
                                                    primary foreign exchange bank and has                   the North Korean government, through                   threat such deficiencies pose to the
                                                    provided financial support to KOMID                     entities and financial institutions based              integrity of the international financial
                                                    and KKBC. As noted above, KOMID was                     in North Korea, facilitates financial                  system. The FATF called on its
                                                    sanctioned by the United States in July                 transactions in support of the                         members and urged all jurisdictions to
                                                    2005 under E.O. 13382, and listed by                    proliferation of WMD and ballistic                     advise their financial institutions to give
                                                    the UN in April 2009 under UNSCR                        missiles in violation of UNSCR 1718.                   special attention to business
                                                    1718; the Department of the Treasury                    Additionally, by creating and using                    relationships and transactions with
                                                    designated KKBC under E.O. 13382 in                     front companies with the intent to                     North Korea, including North Korean
                                                    August 2009, and the UN listed KKBC                     obfuscate the true originator,                         companies and financial institutions.
                                                    under UNSCR 2270 in March 2016.                         beneficiary, or purpose of transactions,               The FATF also warned that jurisdictions
                                                       The following examples are                           these state-owned entities and financial               should protect against correspondent
                                                    representative of the activities of FTB                 institutions have engaged in a pattern of              relationships being used to bypass or
                                                    and its front companies. Between 2008                   deceptive financial activity to evade                  evade countermeasures and risk
                                                    and 2012, FTB used front companies in                   international sanctions, circumvent U.S.               mitigation practices, and take into
                                                    multiple countries to make and receive                  sanctions and AML controls, and                        account AML/CFT risks when
                                                    payments equivalent to tens of millions                 penetrate the U.S. financial system
                                                    of U.S. dollars. In 2011, an FTB front                                                                         considering requests by North Korean
                                                                                                            when such activity would otherwise be                  financial institutions to open branches
                                                    company was involved with U.S.-                         prohibited. This activity represents a
                                                    designated KKBC and Korea 5 Trading                                                                            and subsidiaries in their jurisdiction.36
                                                                                                            direct threat to the integrity of the U.S.
                                                    Corporation, a subordinate of U.S. and                                                                         While steps may have been taken by
                                                                                                            financial system.
                                                    UN-designated Korea Ryonbong General                                                                           North Korea to engage with the FATF,
                                                    Corporation, in financial dealings                      B. The Substance and Quality of                        including becoming an observer to the
                                                    totaling several millions of U.S. dollars.              Administration of the Bank Supervisory                 Asia Pacific Group, a FATF-style
                                                    The same FTB front company processed                    and Counter-Money Laundering Laws of                   regional body, North Korea lacks basic
                                                    transactions through U.S. correspondent                 That Jurisdiction                                      AML/CFT controls and has failed to
                                                    accounts as recently as April 2014.                        The Financial Action Task Force                     address the deficiencies in its AML/CFT
                                                    The Daedong Credit Bank                                 (FATF) is an inter-governmental body                   regime identified by FATF.37
                                                                                                            that sets international standards and
                                                      The Department of the Treasury                        promotes the implementation of legal,
                                                    designated Daedong Credit Bank (DCB)                    regulatory, and operational measures for
                                                      32 See ‘‘Treasury Designates North Korean Entity
                                                                                                            combatting money laundering, terrorist
                                                    Tied to Weapons of Mass Destruction
                                                                                                            financing, WMD proliferation financing,
                                                    Development,’’ July 30, 2009 (https://                  and other related threats to the integrity
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    www.treasury.gov/press-center/press-releases/           of the international financial system.35
                                                    Pages/tg247.aspx); ‘‘Security Council Determines                                                                 36 See ‘‘FATF Public Statement—19 February
                                                                                                            The FATF monitors the progress of its
                                                    Entities, Goods, Individuals Subject To Measures                                                               2016,’’ (2016) (http://www.fatf-gafi.org/
                                                    Imposed on Democratic People’s Republic of Korea                                                               publications/high-riskandnon-
                                                                                                              34 See ‘‘Treasury Sanctions Bank, Front Company,
                                                    by Resolution 1718 (2006),’’ July 16, 2009 (http://                                                            cooperativejurisdictions/documents/public-
                                                    www.un.org/press/en/2009/sc9708.doc.htm).               and Official Linked to North Korean Weapons of
                                                      33 See ‘‘Treasury Sanctions Bank and Official         Mass Destruction Programs,’’ June 27, 2013 (https://   statement-february-2016.html).
                                                                                                                                                                     37 See ‘‘North Korea Adopts Anti-Money
                                                    Linked to North Korean Weapons of Mass                  www.treasury.gov/press-center/press-releases/
                                                    Destruction Programs,’’ March 11, 2013 (https://        Pages/jl1994.aspx).                                    Laundering Law,’’ NK News, May 18, 2016 (https://
                                                    www.treasury.gov/press-center/press-releases/             35 See Financial Action Task Force Web site          www.nknews.org/2016/05/north-korea-adopts-anti-
                                                    Pages/jl1876.aspx).                                     (http://www.fatf-gafi.org/).                           money-laundering-law/).



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                                                    35446                            Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

                                                    C. Whether the United States Has a                         under UNSCRs 1718 and 2270 in March                  DATES:   Written comments should be
                                                    Mutual Legal Assistance Treaty With                        2016.43 Examples of Office 39 activity               received on or before August 1, 2016 to
                                                    That Jurisdiction, and the Experience of                   include collecting a significant portion             be assured of consideration.
                                                    U.S. Law Enforcement Officials and                         of loyalty funds paid by DPRK officials              ADDRESSES: Direct all written comments
                                                    Regulatory Officials in Obtaining                          to the regime annually, and using                    to Tuawana Pinkston, Internal Revenue
                                                    Information About Transactions                             deceptive financial practices such as                Service, Room 6526, 1111 Constitution
                                                    Originating in or Routed Through or to                     smuggling U.S. dollars into North Korea.             Avenue NW., Washington, DC 20224.
                                                    That Jurisdiction                                             To support its efforts, Office 39                 FOR FURTHER INFORMATION CONTACT:
                                                       The United States and North Korea do                    controls Korea Daesong Bank (KDB),                   Requests for additional information or
                                                    not have diplomatic relations. North                       which is used to facilitate financial                copies of the form and instructions
                                                    Korea has no mutual legal assistance                       transactions supporting the                          should be directed to Sara Covington, at
                                                    treaty with the United States and does                     procurement of luxury goods. Treasury                Internal Revenue Service, Room 6526,
                                                    not cooperate with U.S. law                                designated KDB under E.O. 13551 in                   1111 Constitution Avenue NW.,
                                                    enforcement officials and regulatory                       November 2010 as an instrumentality of               Washington, DC 20224, or through the
                                                    officials in obtaining information about                   Office 39.44 In spite of its designation,            internet at Sara.L.Covington@irs.gov.
                                                    transactions originating in, or routed                     KDB continues to conduct illicit                     SUPPLEMENTARY INFORMATION:
                                                    through or to, North Korea.38                              transactions on behalf of the regime,                   Title: Annual Return To Report
                                                                                                               including by operating front companies               Transactions With Foreign Trusts and
                                                    D. The Extent To Which That
                                                                                                               on behalf of organizations such as Office            Receipts of Certain Foreign Gifts.
                                                    Jurisdiction Is Characterized by High
                                                                                                               39 abroad; by using an overseas branch                  OMB Number: 1545–0159.
                                                    Levels of Official or Institutional
                                                                                                               office to both pay a number of overseas                 Form Number: Form 3520.
                                                    Corruption
                                                                                                               companies that provide labor and                        Abstract: U.S. persons who create a
                                                      The North Korean government has                          services on behalf of North Korea, and               foreign trust or transfer property to a
                                                    long demonstrated institutional and                        to remit funds to Pyongyang; and by                  foreign trust must file Form 3520 to
                                                    official corruption. According to                          utilizing KDB representatives abroad to              report the establishment of the trust or
                                                    Transparency International’s Corruption                    make payments for goods imported into                the transfer of property to the trust.
                                                    Perceptions Index, which ranks                             North Korea.                                         Form 3520 must also be filed by U.S.
                                                    countries and territories based on how
                                                                                                               Jamal El-Hindi,                                      persons who are treated as owners of
                                                    corrupt their public sectors are
                                                                                                               Acting Director, Financial Crimes                    any part of the assets of a trust under
                                                    perceived to be, North Korea ranks 167
                                                                                                               Enforcement Network.                                 subpart E of Part I or subchapter J of
                                                    out of 168.39 As noted above, UNSCRs
                                                                                                                                                                    Chapter 1; who received a distribution
                                                    1718, 2094, and 2270 require UN                            [FR Doc. 2016–13038 Filed 6–1–16; 8:45 am]
                                                                                                                                                                    from a foreign trust; or who received
                                                    member states to prohibit the provision                    BILLING CODE 4810–02–P
                                                    to North Korea of luxury goods, which                                                                           large gifts during the tax year from a
                                                    are used by North Korean leaders to                                                                             foreign person.
                                                                                                               DEPARTMENT OF THE TREASURY                              Current Actions: There is no change
                                                    consolidate power and appease
                                                    members of the political elite by                                                                               in the paperwork burden previously
                                                    increasing their personal wealth. North                    Internal Revenue Service                             approved by OMB. This form is being
                                                    Korea has also utilized Office 39 of the                                                                        submitted for renewal purposes only.
                                                                                                               Proposed Collection; Comment                            Type of Review: Extension of a
                                                    Korean Workers’ Party (KWP) to
                                                                                                               Request for Form 3520                                currently approved collection.
                                                    influence and maintain the support of
                                                                                                                                                                       Affected Public: Businesses and other
                                                    North Korea’s elite citizens.40                            AGENCY: Internal Revenue Service (IRS),
                                                      Office 39 was listed for an asset                                                                             for-profit organizations.
                                                                                                               Treasury.                                               Estimated Number of Respondents:
                                                    blocking by the President in the Annex
                                                                                                               ACTION: Notice and request for                       1,320.
                                                    to E.O. 13551 in August 2010,41 and is
                                                    the branch of the North Korean                             comments.                                               Estimated Time per Respondent: 54
                                                    Government that provides illicit                                                                                hours 35 minutes.
                                                                                                               SUMMARY:   The Department of the                        Estimated Total Annual Burden
                                                    economic support to North Korean                           Treasury, as part of its continuing effort
                                                    leadership, including managing slush                                                                            Hours: 71,742.
                                                                                                               to reduce paperwork and respondent                      The following paragraph applies to all
                                                    funds for North Korean government                          burden, invites the general public and               of the collections of information covered
                                                    officials.42 The UN listed Office 39                       other Federal agencies to take this                  by this notice:
                                                      38 See ‘‘U.S. Relations with North Korea,’’
                                                                                                               opportunity to comment on proposed                      An agency may not conduct or
                                                    (www.state.gov/r/pa/ei/bgn/2792.htm).                      and/or continuing information                        sponsor, and a person is not required to
                                                      39 See ‘‘North Korea: Facts & Figures,’’                 collections, as required by the                      respond to, a collection of information
                                                    Transparency International (https://                       Paperwork Reduction Act of 1995,                     unless the collection of information
                                                    www.transparency.org/country/#PRK).                        Public Law 104–13 (44 U.S.C.                         displays a valid OMB control number.
                                                      40 See ‘‘Defectors Detail How North Korea’s Office
                                                                                                               3506(c)(2)(A)). Currently, the IRS is                Books or records relating to a collection
                                                    39 Feeds Leader’s Slush Fund: Private Fund
                                                    Underwrites Comfortable Lifestyles for Pyongyang’s         soliciting comments concerning Form                  of information must be retained as long
                                                    Elite,’’ Wall Street Journal, September 15, 2014           3520, Annual Return To Report                        as their contents may become material
                                                    (www.wsj.com/articles/defectors-detail-how-north-          Transactions With Foreign Trusts and                 in the administration of any internal
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    koreas-office-39-filters-money-to-kims-private-            Receipts of Certain Foreign Gifts.
                                                    slush-fund-1410823969); see also ‘‘Criminal
                                                                                                                                                                    revenue law. Generally, tax returns and
                                                    Sovereignty: Understanding North Korea’s Illicit                                                                tax return information are confidential,
                                                    International Activities,’’ Strategic Studies Institute,   November 18, 2010 (https://www.treasury.gov/         as required by 26 U.S.C. 6103.
                                                    March 2010.                                                press-center/press-releases/Pages/tg962.aspx).          Request for Comments: Comments
                                                    (www.strategicstudiesinstitute.army.mil/pdffiles/             43 See UNSCR 1718; UNSCR 2270.
                                                    pub975.pdf)                                                   44 See ‘‘Treasury Designates Key Nodes of the
                                                                                                                                                                    submitted in response to this notice will
                                                      41 See E.O. 13551.
                                                                                                               Illicit Financing Network of North Korea’s Office
                                                                                                                                                                    be summarized and/or included in the
                                                      42 ‘‘Treasury Designates Key Nodes of the Illicit        39,’’ November 18, 2010 (https://www.treasury.gov/   request for OMB approval. All
                                                    Financing Network of North Korea’s Office 39,’’            press-center/press-releases/Pages/tg962.aspx).       comments will become a matter of


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Document Created: 2016-06-02 01:22:26
Document Modified: 2016-06-02 01:22:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of finding.
ContactFinCEN, (800) 949-2732.
FR Citation81 FR 35441 

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