United StatesOFAC North Korea Sanctions Regulations: goods, services and technology provided to North Korea
In force since .
A destination sanctions rule binding private bodies.
As of .
What it requires
- Do not export or reexport software, technology or services to North Korea, directly or indirectly, unless OFAC or Commerce has authorized it (31 C.F.R. 510.206).
- Do not rely on the telecommunications authorization in 31 C.F.R. 510.516 to provide software or technology, which it excludes.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
A willful violation, attempt or conspiracy is punishable by a fine of up to $1,000,000 and, for an individual, imprisonment of up to 20 years, or both (50 U.S.C. 1705(c)).
Penalty structure
The statute sets the greater of $250,000 or twice the amount of the transaction that is the basis of the violation; the amount coded is the inflation-adjusted maximum in OFAC's enforcement guidelines. The civil penalty provision does not require willfulness, which the criminal provision does.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 377,700
Who enforces it
Enforcement body
Office of Foreign Assets Control, U.S. Department of the Treasury (civil penalties); willful violations are criminal offenses under 50 U.S.C. 1705(c).
What it reaches
Obligation class
Prohibition, Licensing
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- The software, technology or service is exported or reexported, directly or indirectly, to North Korea.
What this law does
The North Korea Sanctions Regulations prohibit the exportation or reexportation, directly or indirectly, from the United States or by a United States person wherever located, of any goods, services or technology to North Korea, except as OFAC licenses it or as Commerce's export control authorities allow (section 510.206), which reaches software and hosted services.
Its telecommunications authorization, 510.516, covers the receipt and transmission of telecommunications involving North Korea and does not authorize providing telecommunications equipment or technology or capacity on transmission facilities.
When LexLint raises it
When your app profile says your app serves a sanctioned destination.