Enhancing North Korea Humanitarian Assistance Act

II 117TH CONGRESS 1ST SESSION S. 690 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 MARCH 10, 2021 Mr. MARKEY (for himself and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 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 (1) Providing humanitarian assistance, includ- 8 ing to countries subject to sanctions imposed by the 9 United States, is an expression of American values 10 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 690 IS that furthers United States interests around the 1 world and is consistent with international humani- 2 tarian law. 3 (2) As of February 2020, roughly 10,100,000 4 people in North Korea are in urgent need of food as- 5 sistance and roughly 10,400,000 need nutrition sup- 6 port and improved access to basic services, including 7 health care, water, sanitation, and hygiene facilities. 8 (3) More than 40 percent of people in North 9 Korea are undernourished, and 1 out of every 5 chil- 10 dren in the country younger than 5 years of age is 11 stunted in growth. 12 (4) More than 1⁄3 of household drinking water 13 in North Korea is contaminated. 14 (5) Independent experts have identified severe 15 deficiencies in North Korea’s public health infra- 16 structure, trained medical personnel, ability to com- 17 municate important safety information, and commit- 18 ment to addressing those deficiencies. 19 (6) North Korea has one of the highest burdens 20 of tuberculosis in the world and humanitarian assist- 21 ance is critical for countering the spread of deadly 22 infectious diseases such as tuberculosis, HIV/AIDS, 23 hepatitis B, and the coronavirus disease 2019 (com- 24 monly known as ‘‘COVID–19’’). 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 690 IS (7) North Korea cannot reliably maintain 1 stocks of drugs to treat diseases such as tuberculosis 2 and HIV/AIDS, posing the risk of interrupted treat- 3 ments, which can lead to treatment failures and re- 4 sistance to multiple therapies that make treatment 5 significantly more difficult and costly. 6 (8) The spread of COVID–19 in North Korea 7 is likely having devastating consequences for the 8 people of that country who are especially vulnerable 9 to a pandemic because of deficiencies in public 10 health infrastructure. The 2019 Global Health Secu- 11 rity Index shows North Korea is the third least pre- 12 pared country in the world to combat a health secu- 13 rity crisis. 14 (9) While the Government of North Korea has 15 not reported any cases of COVID–19 in the country, 16 the true extent and impact of the novel coronavirus 17 inside North Korea is unknown, and government of- 18 ficials have not historically been open or transparent 19 about humanitarian emergencies facing the people of 20 North Korea. 21 (10) Responses to the COVID–19 crisis, includ- 22 ing border closings and quarantines, have caused 23 economic shock and hampered international efforts 24 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 690 IS that would otherwise be providing life-saving support 1 to the people of North Korea. 2 (11) In its final report published on August 28, 3 2020, the United Nations Panel of Experts on 4 North Korea found that ‘‘there can be little doubt 5 that United Nations sanctions have had unintended 6 effects on the humanitarian situation and aid oper- 7 ations within the Democratic People’s Republic of 8 Korea’’. 9 (12) Barriers to humanitarian access can result 10 from decisions made or delayed by the Government 11 of North Korea, by the governments of other coun- 12 tries, including the governments of the United 13 States and the People’s Republic of China, and by 14 the Committee of the United Nations Security Coun- 15 cil established by United Nations Security Council 16 Resolution 1718 (2006) (referred to in this Act as 17 the ‘‘1718 Sanctions Committee’’). 18 (13) Nongovernmental organizations that pro- 19 vide humanitarian assistance in North Korea must 20 typically seek simultaneous authorizations from the 21 Department of the Treasury, the Department of 22 State, the Department of Commerce, the 1718 Sanc- 23 tions Committee, customs officials in the People’s 24 Republic of China, and the Government of North 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 690 IS Korea, adding further delays to humanitarian ac- 1 cess. 2 (14) The 1718 Sanctions Committee issued the 3 document entitled ‘‘Implementation Assistance No- 4 tice No. 7’’ on August 6, 2018, to clarify the process 5 for granting requests for humanitarian exemptions 6 by the United Nations and to reaffirm that sanc- 7 tions are not intended to have adverse humanitarian 8 consequences for civilians in North Korea. That 9 guidance was updated on December 1, 2020, to help 10 streamline permissions for COVID–19-related aid 11 and to extend humanitarian waivers from 6 to 9 12 months. 13 (15) United States Government travel restric- 14 tions impede the access of United States employees 15 of humanitarian organizations inside North Korea 16 and can complicate the monitoring and evaluation 17 procedures that nongovernmental organizations have 18 used to ensure that aid reaches the most vulnerable 19 populations. 20 (16) Humanitarian exceptions in comprehensive 21 sanctions programs, such as the exceptions under 22 section 510.512 of the North Korea Sanctions Regu- 23 lations, are not effective unless the persons who pro- 24 vide assistance along with their financial institu- 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 690 IS tions, suppliers, shippers, and other entities can 1 make practical use of the exceptions. 2 SEC. 3. SENSE OF CONGRESS. 3 It is the sense of Congress that— 4 (1) the interagency review mandated by the na- 5 tional security memorandum issued by President Jo- 6 seph R. Biden, Jr., on January 21, 2021, and enti- 7 tled ‘‘National Security Memorandum on United 8 States Global Leadership to Strengthen the Inter- 9 national COVID–19 Response and to Advance Glob- 10 al Health Security and Biological Preparedness’’, of- 11 fers an opportunity to make appropriate adjust- 12 ments to United States and multilateral sanctions to 13 ensure that such sanctions do not inadvertently 14 hinder humanitarian access to the people of North 15 Korea; 16 (2) national governments and multilateral au- 17 thorities must take action to mitigate documented 18 delays and ensure that sanctions imposed with re- 19 spect to North Korea do not hinder efforts to pro- 20 vide humanitarian relief, including life-saving med- 21 ical care to combat COVID–19, to the people of 22 North Korea; 23 (3) the Department of the Treasury should pro- 24 vide timely and meaningful responses to requests for 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 690 IS specific licenses given that humanitarian organiza- 1 tions typically have a limited time to execute 2 projects that must be approved by multiple United 3 States Government agencies and foreign govern- 4 ments; 5 (4) because humanitarian assistance is unlikely 6 to enable large-scale sanctions evasion and revenue 7 generation, sanctions enforcement should focus on 8 ongoing North Korean activities, including ship-to- 9 ship transfers of coal and other goods, cyberattacks, 10 and the use of forced labor abroad, all highlighted 11 in reports issued by the United Nations Panel of Ex- 12 perts on North Korea and other authoritative 13 sources; 14 (5) financial institutions should recognize and 15 consider the reputational and practical costs of im- 16 peding legitimate efforts to deliver life-saving aid to 17 North Korea; and 18 (6) as of February 2021, the Department of 19 State’s travel ban for humanitarian missions to 20 North Korea, introduced in 2017, is inconsistent 21 with the intent of the North Korea Sanctions and 22 Policy Enhancement Act of 2016 (22 U.S.C. 9201 23 et seq.), which explicitly exempted work related to 24 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 690 IS the repatriation of the remains of United States vet- 1 erans. 2 SEC. 4. ENHANCING EXEMPTIONS FROM UNITED STATES 3 SANCTIONS. 4 (a) IN GENERAL.—Not later than 90 days after the 5 date of the enactment of this Act, the Secretary of the 6 Treasury, acting through the Director of the Office of 7 Foreign Assets Control, shall take 1 or more of the fol- 8 lowing actions: 9 (1) Modify the humanitarian exception under 10 section 510.512 of the North Korea Sanctions Regu- 11 lations to cover, in addition to the food and medicine 12 already exempted, goods and other items that are 13 not subject to the Export Administration Regula- 14 tions and that support humanitarian projects to 15 meet basic human needs in North Korea so that no 16 specific license is required for such items. 17 (2)(A) Modify the North Korea Sanctions Reg- 18 ulations to exempt from a requirement for a specific 19 license a published list of nonsensitive items, in addi- 20 tion to the food and medicine already covered by sec- 21 tion 510.512 of the North Korea Sanctions Regula- 22 tions, used in humanitarian operations in North 23 Korea in furtherance of the purposes set forth in 24 VerDate Sep 11 2014 20:14 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 690 IS section 4 of the North Korean Human Rights Act 1 of 2004 (22 U.S.C. 7802); 2 (B) ensure that the list reflects the relevant 3 recommendations included in the final report, pub- 4 lished on February 7, 2020, of the Panel of Experts 5 established pursuant to United Nations Security 6 Council Resolution 1874 (2009); and 7 (C) review and republish the list, in consulta- 8 tion with the Secretary of State and the Adminis- 9 trator of the United States Agency for International 10 Development, every 180 days and in response to re- 11 quests by nongovernmental organizations that have 12 previously engaged in authorized humanitarian ac- 13 tivities in North Korea. 14 (3) Modify the North Korea Sanctions Regula- 15 tions so that— 16 (A) a specific license from the Office of 17 Foreign Assets Control of the Department of 18 the Treasury is not required for partnerships 19 and partnership agreements between non- 20 governmental organizations and persons owned 21 or controlled by the Government of North 22 Korea that are necessary for nongovernmental 23 organizations to provide otherwise authorized 24 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 690 IS services related to humanitarian activity in 1 North Korea; and 2 (B) a specific license is still required for 3 any partnerships and partnership agreements 4 with persons on the list of specially designated 5 nationals and blocked persons maintained by 6 the Office of Foreign Assets Control. 7 (b) BRIEFING.—Not later than 120 days after the 8 date of the enactment of this Act, the Secretary of the 9 Treasury shall provide to the appropriate congressional 10 committees a briefing— 11 (1) for each action described in subsection (a), 12 describing whether the action was taken and pro- 13 viding a justification for the decision to take or not 14 take the action; and 15 (2) detailing the benefits and risks associated 16 with establishing a category of recognized non- 17 governmental organizations that would be exempt 18 from requirements for specific licenses related to 19 dealings with the Government of North Korea or 20 persons on the list of specially designated nationals 21 and blocked persons maintained by the Office of 22 Foreign Assets Control for purposes of transactions 23 involving goods other than food or medicine to sup- 24 VerDate Sep 11 2014 20:14 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 690 IS port authorized humanitarian activities in North 1 Korea. 2 (c) MODIFICATION TO NORTH KOREA SANCTIONS 3 REGULATIONS.—Not later than 90 days after the date of 4 the enactment of this Act, the Secretary of the Treasury 5 shall modify the North Korea Sanctions Regulations so 6 that personal computers and related peripherals that sup- 7 port authorized humanitarian activities by nongovern- 8 mental organizations are not considered to be ‘‘luxury 9 goods’’. 10 (d) GUIDANCE.—Not later than 120 days after the 11 date of the enactment of this Act, the Secretary of the 12 Treasury, acting through the Director of the Office of 13 Foreign Assets Control, shall issue plainly worded guid- 14 ance intended for financial institutions, shipping compa- 15 nies, foreign customs officials, and others involved in 16 transactions related to humanitarian assistance that— 17 (1) clarifies the applicability of the humani- 18 tarian exception under the North Korea Sanctions 19 Regulations; and 20 (2) describes best practices for ensuring that 21 activities are consistent with that exception. 22 (e) REPORT REQUIRED.—Not later than 90 days 23 after the date of the enactment of this Act, and every 120 24 days thereafter, the Secretary of the Treasury, acting 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 690 IS through the Director of the Office of Foreign Assets Con- 1 trol and in consultation with the Secretary of State, shall 2 submit to the appropriate congressional committees a re- 3 port that includes— 4 (1) a list of specific license [Text truncated for display. 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