Enhancing North Korea Humanitarian Assistance Act

I 117TH CONGRESS 1ST SESSION H. R. 1504 To expedite the provision of humanitarian assistance, including life-saving medical care, to the people of North Korea, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 2, 2021 Mr. LEVIN of Michigan (for himself, Ms. PRESSLEY, and Ms. OMAR) intro- duced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To expedite the provision of humanitarian assistance, includ- ing life-saving medical care, to the people of North Korea, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Enhancing North 4 Korea Humanitarian Assistance Act’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1504 IH (1) Providing humanitarian assistance, includ- 1 ing to countries subject to sanctions imposed by the 2 United States, is an expression of American values 3 that furthers United States interests around the 4 world and is consistent with international humani- 5 tarian law. 6 (2) As of February 2020, roughly 10,100,000 7 people in North Korea are in urgent need of food as- 8 sistance and roughly 10,400,000 need nutrition sup- 9 port and improved access to basic services, including 10 health care, water, sanitation, and hygiene facilities. 11 (3) More than 40 percent of people in North 12 Korea are undernourished, and 1 in 5 children in 13 the country under the age of 5 is stunted in growth. 14 (4) More than 1⁄3 of household drinking water 15 in North Korea is contaminated. 16 (5) Independent experts have identified severe 17 deficiencies in North Korea’s public health infra- 18 structure, trained medical personnel, ability to com- 19 municate important safety information, and commit- 20 ment to addressing those deficiencies. 21 (6) North Korea has one of the highest burdens 22 of tuberculosis in the world and humanitarian assist- 23 ance is critical for countering the spread of deadly 24 infectious diseases such as tuberculosis, HIV/AIDS, 25 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1504 IH Hepatitis B, and the coronavirus disease 2019 (com- 1 monly known as ‘‘COVID–19’’). 2 (7) North Korea cannot reliably maintain 3 stocks of drugs to treat diseases such as tuberculosis 4 and HIV/AIDS, posing the risk of interrupted treat- 5 ments, which can lead to treatment failures and de- 6 velopment of resistance to multiple therapies, mak- 7 ing treatment significantly more difficult and costly. 8 (8) The spread of COVID–19 in North Korea 9 is likely having devastating consequences for the 10 people of that country who are especially vulnerable 11 to a pandemic because of deficiencies in public 12 health infrastructure. 13 (9) The 2019 Global Health Security Index 14 shows North Korea is the third least prepared coun- 15 try in the world to combat a health security crisis. 16 (10) While the Government of North Korea has 17 not reported any cases of COVID–19 in the country, 18 the true extent and results of testing are unknown, 19 and government officials have not historically been 20 open or transparent about humanitarian emergencies 21 facing the people of North Korea. 22 (11) Responses to the COVID–19 crisis, includ- 23 ing border closings and quarantines have caused eco- 24 nomic shock and hampered international efforts that 25 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1504 IH would otherwise be providing life-saving support to 1 the people of North Korea. 2 (12) In its final report published on February 3 7, 2020, the United Nations Panel of Experts on 4 North Korea found that ‘‘United Nations agencies 5 and humanitarian organizations continue to experi- 6 ence unintended consequences on their humanitarian 7 programmes that make it impossible to operate nor- 8 mally in the Democratic People’s Republic of 9 Korea.’’. 10 (13) Barriers to humanitarian access can result 11 from decisions made or delayed by the Government 12 of North Korea, by the governments of other coun- 13 tries, including the governments of the United 14 States and the People’s Republic of China, and by 15 the Committee of the United Nations Security Coun- 16 cil established by United Nations Security Council 17 Resolution 1718 (2006) (in this Act referred to as 18 the ‘‘1718 Sanctions Committee’’). 19 (14) Nongovernmental organizations that pro- 20 vide humanitarian assistance in North Korea must 21 typically seek simultaneous authorizations from the 22 Department of the Treasury, the Department of 23 State, the Department of Commerce, the 1718 Sanc- 24 tions Committee, customs officials in the People’s 25 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1504 IH Republic of China, and the Government of North 1 Korea, adding further delays to humanitarian ac- 2 cess. 3 (15) The 1718 Sanctions Committee issued the 4 document entitled ‘‘Implementation Assistance No- 5 tice No. 7’’ on August 6, 2018, to clarify the process 6 for granting requests for humanitarian exemptions 7 by the United Nations and to reaffirm that sanc- 8 tions are not intended to have adverse humanitarian 9 consequences for civilians in North Korea, and this 10 guidance was updated on December 1, 2020 to help 11 streamline permissions for COVID–19-related aid 12 and to extend humanitarian waivers from six to nine 13 months. 14 (16) United States Government travel restric- 15 tions impede the access of United States employees 16 of humanitarian organizations inside North Korea 17 and can complicate the monitoring and evaluation 18 procedures that nongovernmental organizations have 19 used to ensure that aid reaches the most vulnerable 20 populations. 21 (17) Humanitarian exceptions in comprehensive 22 sanctions programs, such as the exceptions under 23 section 510.512 of the North Korea Sanctions Regu- 24 lations, are not effective unless the persons who pro- 25 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1504 IH vide assistance along with their financial institu- 1 tions, suppliers, shippers, and other entities can 2 make practical use of the exceptions. 3 SEC. 3. SENSE OF CONGRESS. 4 It is the sense of Congress that— 5 (1) the interagency review mandated by the 6 President’s January 21, 2021 National Security 7 Memorandum 1, offers an opportunity to make ap- 8 propriate adjustments to United States and multilat- 9 eral sanctions to ensure that such sanctions do not 10 inadvertently hinder humanitarian access to the peo- 11 ple of North Korea; 12 (2) national governments and multilateral au- 13 thorities must take action to mitigate documented 14 delays and ensure that sanctions imposed with re- 15 spect to North Korea do not hinder efforts to pro- 16 vide humanitarian relief, including life-saving med- 17 ical care to combat COVID–19, to the people of 18 North Korea; 19 (3) the Department of the Treasury should pro- 20 vide timely and meaningful responses to requests for 21 specific licenses given that humanitarian organiza- 22 tions typically have a limited time to execute 23 projects that must be approved by multiple United 24 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1504 IH States Government agencies and foreign govern- 1 ments; 2 (4) because humanitarian assistance is unlikely 3 to enable large-scale sanctions evasion and revenue 4 generation, sanctions enforcement should focus on 5 ongoing North Korean activities, including ship-to- 6 ship transfers of coal and other goods, cyberattacks, 7 and the use of forced labor abroad, all highlighted 8 in reports issued by the United Nations Panel of Ex- 9 perts on North Korea and other authoritative 10 sources; 11 (5) financial institutions should recognize and 12 consider the reputational and practical costs of im- 13 peding legitimate efforts to deliver life-saving aid to 14 North Korea; and 15 (6) the Department of State’s travel ban for 16 humanitarian missions to North Korea is incon- 17 sistent with the intent of the North Korea Sanctions 18 and Policy Enhancement Act of 2016 (Public Law 19 114–122), which explicitly exempts work related to 20 the repatriation of United States veterans’ remains. 21 SEC. 4. ENHANCING EXEMPTIONS FROM UNITED STATES 22 SANCTIONS. 23 (a) IN GENERAL.—Not later than 90 days after the 24 date of the enactment of this Act, the Secretary of Treas- 25 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1504 IH ury, acting through the Director of the Office of Foreign 1 Assets Control, shall take one or more of the following 2 actions: 3 (1) Modify the humanitarian exception under 4 section 510.512 of the North Korea Sanctions Regu- 5 lations to cover, in addition to the food and medicine 6 already exempted, goods and other items that are 7 not subject to the Export Administration Regula- 8 tions and that support humanitarian projects to 9 meet basic human needs in North Korea so that no 10 specific license is required for such items. 11 (2)(A) Modify the North Korea Sanctions Reg- 12 ulations to exempt from a requirement for a specific 13 license a published list of nonsensitive items, in addi- 14 tion to the food and medicine already covered by sec- 15 tion 510.512 of the North Korea Sanctions Regula- 16 tions, used in humanitarian operations in North 17 Korea in furtherance of the purposes set forth in 18 section 4 of the North Korean Human Rights Act 19 of 2004 (22 U.S.C. 7802); 20 (B) ensure that the list reflects the relevant 21 recommendations included in the final report, pub- 22 lished on February 7, 2020, of the Panel of Experts 23 established pursuant to United Nations Security 24 Council Resolution 1874 (2009); and 25 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 1504 IH (C) review and republish the list, in consulta- 1 tion with the Secretary of State and the Adminis- 2 trator of the United States Agency for International 3 Development, every 180 days and in response to re- 4 quests by nongovernmental organizations that have 5 previously engaged in authorized humanitarian ac- 6 tivities in North Korea. 7 (3) Modify the North Korea Sanctions Regula- 8 tions so that— 9 (A) a specific license from the Office of 10 Foreign Assets Control of the Department of 11 the Treasury is not required for partnerships 12 and partnership agreements between non- 13 governmental organizations and persons owned 14 or controlled by the Government of North 15 Korea that are necessary for nongovernmental 16 organizations to provide otherwise authorized 17 services related to humanitarian activity in 18 North Korea; and 19 (B) a specific license is still required for 20 any partnerships and partnership agreements 21 with persons on the list of specially designated 22 nationals and blocked persons maintained by 23 the Office of Foreign Assets Control. 24 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 1504 IH (b) BRIEFING.—Not later than 120 days after the 1 date of the enactment of this Act, the Secretary of the 2 Treasury shall provide to the appropriate congressional 3 committees a briefing— 4 (1) for each action described in subsection (a), 5 describing whether the action was taken and pro- 6 viding a justification for the decision to take or not 7 take the action; and 8 (2) detailing the benefits and risks associated 9 with establishing a category of recognized non- 10 governmental organizations that would be exempt 11 from requirements for specific licenses related to 12 dealings with the Government of North Korea or 13 persons on the list of specially designated nationals 14 and blocked persons maintained by the Office of 15 Foreign Assets Control for purposes of transactions 16 involving goods other than food or medicine to sup- 17 port authorized humanitarian activities in North 18 Korea. 19 (c) MODIFICATION TO NORTH KOREA SANCTIONS 20 REGULATIONS.—Not later than 90 days after the date of 21 the enactment of this Act, the Secretary of the Treasury 22 shall modify the North Korea Sanctions Regulations so 23 that personal computers and related peripherals that sup- 24 port authorized humanitarian activities by nongovern- 25 VerDate Sep 11 2014 03:35 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1504.IH H1504 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 1504 IH mental organizations are not considered to be ‘‘luxury 1 goods’’. 2 (d) GUIDANCE.—Not later than 120 days after the 3 date of the enactment of this Act, the Secretary of the 4 Treasury, acting through the Director of the Office of 5 Foreign Assets Control, shall issue plainly worded guid- 6 ance intended for financial institutions, shipping compa- 7 nies, foreign customs officials, and others involved in 8 transactions related to humanitarian assistance that— 9 (1) clarifies the applicability of the humani- 10 tarian exception under the North Korea Sanctions 11 Regulations; and 12 (2) describes best practices for ensuring that 13 activities are consistent with that exception. 14 (e) REPORT REQUIRED.—Not later than 90 days 15 after the date of the enactment of this Act, and every 120 16 days thereafter, the Secretary of the Treasury, acting 17 through the Director of the Office of Foreign Assets Con- 18 trol and in consultation with the Secretary of State, shall 19 submit to the appropriate congressional committees a re- 20 port that includes— 21 (1) a list of specific licenses related to humani- 22 tarian assistance in North Korea issued by the Of- 23 fice of Foreign Assets Control in the 120 days pre- 24 ceding submission of the report; 25 VerDate Sep 11 2014 03:35 Apr 17 [Text truncated for display. 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