Sec. 4. Enhancing exemptions from United States sanctions
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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: Modify the humanitarian exception under section 510.512 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.
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 ); 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 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.
Modify the North Korea Sanctions Regulations so that— 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 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.
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— 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 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.
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 . 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— clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and describes best practices for ensuring that activities are consistent with that exception.
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— 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; 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; 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; 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 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.
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Sec. 4
Enhancing exemptions from United States sanctions
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