12 2 STA T . 2 3 3 7PUBLIC LA W 11 0– 2 5 2 —J U NE 30 , 200 8Ap p ro pr iat io ns, in cl assi f i ed for m if necessar y ,ont h e sec u rity strate g yofthe P alestinian Authority .WAIVEROFC ER T AI NS ANCTIONS A G AINST NORT HK OREA S EC. 1405 . ( a )W AIVER A U THORIT Y . — (1) I N GENERA L .— Ex cept as pro v ided in su b section (b), the President may w aive in whole or in part, with respect to N orth K orea, the application of any sanction contained in subpara - graph (A), ( B ),( D )or( G ) under section 10 2 (b)(2) of the Arms Export C ontrol Act (22 U .S.C. 2 79 9aa – 1(b)), for the purpose of providing assistance related to— (A) the implementation and verification of the compli- ance by North Korea with its commitment, underta k en in the J oint Statement of September 19, 2005, to abandon all nuclear weapons and existing nuclear programs as part of the verifiable denucleari z ation of the Korean Peninsula
and (B) the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction and their delivery systems. (2) L I M ITATION.— T he authority under paragraph (1) shall expire 5 years after the date of enactment of this Act. (b) E X CE P TIONS.— (1) LIMITE D EXCEPTION RELATED TO CERTAIN SANCTIONS AND PROHI B ITIONS.—The authority under subsection (a) shall not apply with respect to a sanction or prohibition under subparagraph (B) or (G) of section 102(b)(2) of the Arms Export Control Act, unless the President determines and certifies to the appropriate congressional committees that— (A) all reasonable steps will be taken to assure that the articles or services exported or otherwise provided will not be used to improve the military capabilities of the armed forces of North Korea; and (B) such waiver is in the national security interests of the United States. (2) LIMITED EXCEPTION RELATED TO CERTAIN ACTIVITIES.— Unless the President determines and certifies to the appropriate congressional committees that using the authority under sub- section (a) is vital to the national security interests of the United States, such authority shall not apply with respect to— (A) an activity described in subparagraph (A) of section 102(b)(1) of the Arms Export Control Act that occurs after September 19, 2005, and before the date of the enactment of this Act; (B) an activity described in subparagraph (C) of such section that occurs after September 19, 2005; or (C) an activity described in subparagraph (D) of such section that occurs after the date of enactment of this Act. ( 3 ) EXCEPTION RELATED TO CERTAIN ACTIVITIES OCCURRING AFTER DATE OF ENACTMENT.—The authority under subsection (a) shall not apply with respect to an activity described in subparagraph (A) or (B) of section 102(b)(1) of the Arms Export Control Act that occurs after the date of the enactment of this Act. Presid e nt.C erti f i ca ti o n. President. Certification. Exp iration date. 2 2 US C 2 79 9aa –1 note.
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