[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3908 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3908
To expedite the provision of humanitarian assistance, including life-
saving medical care, to the people of North Korea, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2020
Mr. Murphy (for himself, Mr. Markey, Mr. Cardin, and Mr. Murphy))
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To expedite the provision of humanitarian assistance, including life-
saving medical care, to the people of North Korea, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing North Korea Humanitarian
Assistance Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Providing humanitarian assistance, including to
countries subject to sanctions imposed by the United States, is
an expression of American values that furthers United States
interests around the world and is consistent with international
humanitarian law.
(2) As of February 2020, roughly 10,100,000 people in North
Korea are in urgent need of food assistance and roughly
10,400,000 need nutrition support and improved access to basic
services, including health care, water, sanitation, and hygiene
facilities.
(3) More than 40 percent of people in North Korea are
undernourished, and 1 out of every 5 children in the country
younger than 5 years of age is stunted in growth.
(4) More than \1/3\ of household drinking water in North
Korea is contaminated.
(5) Independent experts have identified severe deficiencies
in North Korea's public health infrastructure, trained medical
personnel, ability to communicate important safety information,
and commitment to addressing those deficiencies.
(6) North Korea has one of the highest burdens of
tuberculosis in the world and humanitarian assistance is
critical for countering the spread of deadly infectious
diseases such as tuberculosis, HIV/AIDS, hepatitis B, and the
coronavirus disease 2019 (commonly known as ``COVID-19'').
(7) North Korea cannot reliably maintain stocks of drugs to
treat diseases such as tuberculosis and HIV/AIDS, posing the
risk of interrupted treatments, which can lead to treatment
failures and resistance to multiple therapies that make
treatment significantly more difficult and costly.
(8) The spread of COVID-19 in North Korea would likely have
devastating consequences for the people of that country who are
especially vulnerable to a pandemic because of deficiencies in
public health infrastructure.
(9) While the Government of North Korea has not reported
any cases of COVID-19 in the country, the extent and results of
testing are unknown, and government officials have not
historically been open or transparent about humanitarian
emergencies facing the people of North Korea.
(10) Responses to the COVID-19 crisis, including border
closings and quarantines that may extend through the planting
season, have impeded international efforts that would otherwise
be providing life-saving support to the people of North Korea.
(11) In its final report published on March 5, 2019, the
United Nations Panel of Experts on North Korea found that
``United Nations agencies and humanitarian organizations
continue to experience unintended consequences on their
humanitarian programmes that make it impossible to operate
normally in the Democratic People's Republic of Korea.''.
(12) Barriers to humanitarian access can result from
decisions made or delayed by the Government of North Korea, by
the governments of other countries, including the governments
of the United States and the People's Republic of China, and by
the Committee of the United Nations Security Council
established by United Nations Security Council Resolution 1718
(2006) (referred to in this Act as the ``1718 Sanctions
Committee'').
(13) Nongovernmental organizations that provide
humanitarian assistance in North Korea must typically seek
simultaneous authorizations from the Department of the
Treasury, the Department of State, the Department of Commerce,
the 1718 Sanctions Committee, customs officials in the People's
Republic of China, and the Government of North Korea, adding
further delays to humanitarian access.
(14) The 1718 Sanctions Committee issued the document
entitled ``Implementation Assistance Notice No. 7'' on August
6, 2018, to clarify the process for granting requests for
humanitarian exemptions by the United Nations and to reaffirm
that sanctions are not intended to have adverse humanitarian
consequences for civilians in North Korea.
(15) United States Government travel restrictions impede
the access of United States employees of humanitarian
organizations inside North Korea and can complicate the
monitoring and evaluation procedures that nongovernmental
organizations have used to ensure that aid reaches the most
vulnerable populations.
(16) Humanitarian exceptions in comprehensive sanctions
programs, such as the exceptions under section510.512 of the
North Korea Sanctions Regulations, are not effective unless the
persons who provide assistance along with their financial
institutions, suppliers, shippers, and other entities can make
practical use of the exceptions.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) national governments and multilateral authorities must
take action to mitigate documented delays and ensure that
sanctions imposed with respect to North Korea do not hinder
efforts to provide humanitarian relief, including life-saving
medical care, to the people of North Korea;
(2) the Department of the Treasury should provide timely
and meaningful responses to requests for specific licenses
given that humanitarian organizations typically have a limited
time to execute projects that must be approved by multiple
United States Government agencies and foreign governments;
(3) because humanitarian assistance is unlikely to enable
large-scale sanctions evasion and revenue generation, sanctions
enforcement should focus on ongoing North Korean activities,
including ship-to-ship transfers of coal and other goods,
cyberattacks, and the use of forced labor abroad, all
highlighted in reports issued by the United Nations Panel of
Experts on North Korea and other authoritative sources; and
(4) financial institutions should recognize and consider
the reputational and practical costs of impeding legitimate
efforts to deliver life-saving aid to North Korea.
SEC. 4. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Treasury, acting through the
Director of the Office of Foreign Assets Control, shall take 1 or more
of the following actions:
(1) Modify the humanitarian exception under section510.512
of the North Korea Sanctions Regulations to cover, in addition
to the food and medicine already exempted, goods and other
items that are not subject to the Export Administration
Regulations and that support humanitarian projects to meet
basic human needs in North Korea so that no specific license is
required for such items.
(2)(A) Modify the North Korea Sanctions Regulations to
exempt from a requirement for a specific license a published
list of nonsensitive items, in addition to the food and
medicine already covered by section 510.512 of the North Korea
Sanctions Regulations, used in humanitarian operations in North
Korea in furtherance of the purposes set forth in section 4 of
the North Korean Human Rights Act of 2004 (22 U.S.C. 7802);
(B) ensure that the list reflects the relevant
recommendations included in the final report, published on
March 5, 2019, of the Panel of Experts established pursuant to
United Nations Security Council Resolution 1874 (2009); and
(C) review and republish the list, in consultation with the
Secretary of State and the Administrator of the United States
Agency for International Development, every 180 days and in
response to requests by nongovernmental organizations that have
previously engaged in authorized humanitarian activities in
North Korea.
(3) Modify the North Korea Sanctions Regulations so that--
(A) a specific license from the Office of Foreign
Assets Control of the Department of the Treasury is not
required for partnerships and partnership agreements
between nongovernmental organizations and persons owned
or controlled by the Government of North Korea that are
necessary for nongovernmental organizations to provide
otherwise authorized services related to humanitarian
activity in North Korea; and
(B) a specific license is still required for any
partnerships and partnership agreements with persons on
the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets
Control.
(b) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Treasury shall provide to the
appropriate congressional committees a briefing--
(1) for each action described in subsection (a), describing
whether the action was taken and providing a justification for
the decision to take or not take the action; and
(2) detailing the benefits and risks associated with
establishing a category of recognized nongovernmental
organizations that would be exempt from requirements for
specific licenses related to dealings with the Government of
North Korea or persons on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control for purposes of transactions involving
goods other than food or medicine to support authorized
humanitarian activities in North Korea.
(c) Modification to North Korea Sanctions Regulations.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of the Treasury shall modify the North Korea Sanctions Regulations so
that personal computers and related peripherals that support authorized
humanitarian activities by nongovernmental organizations are not
considered to be ``luxury goods''.
(d) Guidance.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Treasury, acting through
the Director of the Office of Foreign Assets Control, shall issue
plainly worded guidance intended for financial institutions, shipping
companies, foreign customs officials, and others involved in
transactions related to humanitarian assistance that--
(1) clarifies the applicability of the humanitarian
exception under the North Korea Sanctions Regulations; and
(2) describes best practices for ensuring that activities
are consistent with that exception.
(e) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 120 days thereafter, the Secretary of
the Treasury, acting through the Director of the Office of Foreign
Assets Control and in consultation with the Secretary of State, shall
submit to the appropriate congressional committees a report that
includes--
(1) a list of specific licenses related to humanitarian
assistance in North Korea issued by the Office of Foreign
Assets Control during the 120-day period immediately preceding
the submission of the report;
(2) a list of requests for specific licenses related to
humanitarian assistance in North Korea denied by the Office of
Foreign Assets Control during such 120-day period, including
explanations for the denials;
(3) a list of requests for specific licenses related to
humanitarian assistance in North Korea that have been pending
for 30 days or more as of the date on which the report is
submitted, including explanations for the delays;
(4) a list of requests by non-United States persons for
sanctions waivers related to humanitarian assistance in North
Korea that have been pending for 30 days or more as of the date
on which the report is submitted, including explanations for
the delays; and
(5) a description of recent efforts to streamline the
process by which nongovernmental organizations engaged in
humanitarian activity in North Korea apply for and are granted
specific licenses or waivers.
SEC. 5. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS.
(a) In General.--The Secretary of State shall direct the United
States Permanent Representative to the United Nations to use the voice,
vote, and influence of the United States to urge the United Nations--
(1) to extend the period for humanitarian exemptions from
the 1718 Sanctions Committee to 1 year and remove the
limitation on exemption applications per organization per year;
(2) to apply lessons learned from expedited approvals of
requests for humanitarian exemptions during the COVID-19
pandemic to speed approval at the 1718 Sanctions Committee of
other critical exemption requests, such as requests that would
address urgent needs identified in the annual reports of the
United Nations on needs and priorities for North Korea; and
(3) to modify applications for humanitarian exemptions from
the 1718 Sanctions Committee to be less burdensome for
nongovernmental organizations, drawing as appropriate on
successes in approaches taken by other United Nations sanctions
committees.
(b) Reporting.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
State shall submit to the appropriate congressional committees a
report--
(1) describing any requests for humanitarian exemptions to
the 1718 Sanctions Committee known to have been denied in the
180 days preceding submission of the report or known to have
been in process for more than 30 days as of the date of the
report, and any known explanations for such denials and delays;
(2) detailing any action by a foreign government in the 180
days preceding submission of the report that has delayed or
impeded humanitarian assistance approved by the 1718 Sanctions
Committee, including the status of obstacles to humanitarian
assistance posed by customs officials in the People's Republic
of China; and
(3) describing efforts in the 180 days preceding submission
of the report to establish or maintain an approved banking
channel for transactions related to humanitarian assistance for
North Korea.
SEC. 6. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall provide to the appropriate congressional
committees a briefing--
(1) detailing the benefits and risks associated with
issuing a ``multi-entry special validation passport'' to
individuals employed by a nongovernmental organization known to
be engaged in authorized humanitarian activity in North Korea,
with the purpose of reducing costs and delays associated with
repeated passport applications; and
(2) setting forth a strategy to otherwise expedite and
simplify the process to obtain a special travel permit to
travel to North Korea on behalf of a humanitarian organization
or to travel to North Korea using a United States passport to
deliver or oversee humanitarian assistance.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Export administration regulations.--The term ``Export
Administration Regulations'' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
(3) North korea sanctions regulations.--The term ``North
Korea Sanctions Regulations'' means the regulations set forth
in part 510 of title 31, Code of Federal Regulations, or
successor regulations.
<all>
Enhancing North Korea Humanitarian Assistance Act
#3908 | S Congress #116
Policy Area: International Affairs
Subjects: Administrative law and regulatory proceduresAsiaComputers and information technologyCongressional oversightCustoms enforcementDepartment of the TreasuryForeign aid and international reliefForeign and international bankingGovernment information and archivesLicensing and registrationsNorth KoreaSanctionsSocial work, volunteer service, charitable organizationsTechnology transfer and commercializationTrade restrictionsTravel and tourismUnited NationsVisas and passports
Last Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (6/8/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text