(i) a vessel described in subsection (b)(1), if the Secretary of State determines that—
(I) the vessel is owned or operated by or on behalf of a country the government of which the Secretary of State determines is closely cooperating with the United States with respect to implementing the applicable United Nations Security Council resolutions (as such term is defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016); or
(II) it is in the national security interest not to apply the prohibition to such vessel; or
(ii) a vessel described in subsection (b)(2), if the Secretary of State determines that the vessel is no longer registered as described in that subsection.
(1) is on the most recent list of vessels published in Federal 1 Register under subsection (c)(2); or
(2) more than 180 days after the publication of such list, is knowingly registered, pursuant to the 1958 Convention on the High Seas entered into force on September 30, 1962, by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included on such list.
(1) maintain timely information on the registrations of all foreign vessels over 300 gross tons that are known to be—
(A) owned or operated by or on behalf of the Government of North Korea or a North Korean person;
(B) owned or operated by or on behalf of any country in which a sea port is located, the operator of which the President has identified in the most recent report submitted under section 205(a)(1)(A) of the North Korea Sanctions and Policy Enhancement Act of 2016; or
(C) owned or operated by or on behalf of any country identified by the President as a country that has not complied with the applicable United Nations Security Council resolutions (as such term is defined in section 3 of such Act); and
(2) periodically publish in the Federal Register a list of the vessels described in paragraph (1).
(1) the Secretary of State has made a determination under subsection (a)(2); or
(2) the Secretary of the department in which the Coast Guard is operating allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f).
Section, as added and amended by Pub. L. 116–283, is based on section 16 of Pub. L. 92–340, §16, as added Pub. L. 115–44, title III, §315(a), Aug. 2, 2017, 131 Stat. 948, which was formerly classified to section 1232c of Title 33, Navigation and Navigable Waters, repealed by Pub. L. 115–282, title IV, §402(e), Dec. 4, 2018, 132 Stat. 4264, then transferred to this title and renumbered as this section effective upon the enactment of such Pub. L. 115–282 and notwithstanding such repeal.
2021—Pub. L. 116–283, §8508(1)(A), transferred section 16 of Pub. L. 92–340 to this title and renumbered it as this section.
2021—Subsec. (b). Pub. L. 116–283, §8508(1)(B)(i), substituted "section 70001(a)(5)" for "section 4(a)(5)" in introductory provisions.
Subsec. (c)(2). Pub. L. 116–283, §8508(1)(B)(ii), substituted "periodically" for "not later than 180 days after the date of the enactment of this section, and periodically thereafter,".
Subsec. (e). Pub. L. 116–283, §8508(1)(B)(i), substituted "section 70001(a)(5)" for "section 4(a)(5)" in introductory provisions.
Subsec. (h). Pub. L. 116–283, §8508(1)(B)(iii), struck out subsec. (h). Text read as follows: "In this section, the term 'foreign vessel' has the meaning given that term in section 110 of title 46, United States Code."
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