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22 U.S.C. § 7844 — United States policy toward refugees and defectors
Federal law — U.S. Code and appendices · legal_authorities
**(a) Report** Not later than 120 days after October 18, 2004, the Secretary of State, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and the Committees on the Judiciary of the House of Representatives and the Senate a report that describes the situation of North Korean refugees and explains United States Government policy toward North Korean nationals outside of North Korea.
**(b) Contents** The report shall include—
(1) an assessment of the circumstances facing North Korean refugees and migrants in hiding, particularly in China, and of the circumstances they face if forcibly returned to North Korea;
(2) an assessment of whether North Koreans in China have effective access to personnel of the United Nations High Commissioner for Refugees, and of whether the Government of China is fulfilling its obligations under the 1951 Convention Relating to the Status of Refugees, particularly Articles 31, 32, and 33 of such Convention;
(3) an assessment of whether North Koreans presently have unobstructed access to United States refugee and asylum processing, and of United States policy toward North Koreans who may present themselves at United States embassies or consulates and request protection as refugees or asylum seekers and resettlement in the United States;
(4) the total number of North Koreans who have been admitted into the United States as refugees or asylees in each of the past 5 years;
(5) an estimate of the number of North Koreans with family connections to United States citizens; and
(6) a description of the measures that the Secretary of State is taking to carry out [section 7843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-sec
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Source location: Title 22, Chapter 85, § 7844; chapter-085-north-korean-human-rights.md
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**(a) Report** Not later than 120 days after October 18, 2004, the Secretary of State, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and the Committees on the Judiciary of the House of Representatives and the Senate a report that describes the situation of North Korean refugees and explains United States Government policy toward North Korean nationals outside of North Korea.
**(b) Contents** The report shall include—
(1) an assessment of the circumstances facing North Korean refugees and migrants in hiding, particularly in China, and of the circumstances they face if forcibly returned to North Korea;
(2) an assessment of whether North Koreans in China have effective access to personnel of the United Nations High Commissioner for Refugees, and of whether the Government of China is fulfilling its obligations under the 1951 Convention Relating to the Status of Refugees, particularly Articles 31, 32, and 33 of such Convention;
(3) an assessment of whether North Koreans presently have unobstructed access to United States refugee and asylum processing, and of United States policy toward North Koreans who may present themselves at United States embassies or consulates and request protection as refugees or asylum seekers and resettlement in the United States;
(4) the total number of North Koreans who have been admitted into the United States as refugees or asylees in each of the past 5 years;
(5) an estimate of the number of North Koreans with family connections to United States citizens; and
(6) a description of the measures that the Secretary of State is taking to carry out [section 7843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7843&num=0&edition=prelim).
**(c) Form** The information required by paragraphs (1) through (5) of subsection (b) shall be provided in unclassified form. All or part of the information required by subsection (b)(6) may be provided in classified form, if necessary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of State shall designate a representative to regularly brief the appropriate congressional committees in an unclassified setting on United States Government efforts to advocate for the best interests of North Korean children and children of one North Korean parent, including efforts to address, when appropriate, the adoption of such children living outside North Korea without parental care.
**(b) Contents** The Secretary’s designee shall be prepared to address in each briefing the following topics:
(1) The analysis of the Department of State of the challenges facing North Korean children residing outside North Korea and challenges facing children of one North Korean parent in other countries who are fleeing persecution or are living as de jure or de facto stateless persons.
(2) Department of State efforts to advocate for the best interest of North Korean children residing outside North Korea or children of one North Korean parent living in other countries who are fleeing persecution or are living as de jure or de facto stateless persons, including, when possible, efforts to address the immediate care and family reunification of these children, and, in individual cases where appropriate, the adoption of eligible North Korean children living outside North Korea and children of one North Korean parent living outside North Korea.
(3) Department of State efforts to develop a comprehensive strategy to address challenges that United States citizens would encounter in attempting to adopt, via intercountry adoption, North Korean-origin children residing in other countries or children of one North Korean parent residing outside North Korea who are fleeing persecution or are living as de jure or de facto stateless persons, including efforts to
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Federal law — U.S. Code and appendices · legal_authorities
Page 2020
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 7842
unclassified form. All or part of the information
required by subsection (b)(6) may be provided in
classified form, if necessary.
(Pub. L. 108–333, title III, § 301, Oct. 18, 2004, 118
Stat. 1295.)
§ 7842. Eligibility for refugee or asylum consider-
ation
(a) Purpose
The purpose of this section is to clarify that
North Koreans are not barred from eligibility
for refugee status or asylum in the United
States on account of any legal right to citizen-
ship they may enjoy under the Constitution of
the Republic of Korea. It is not intended in any
way to prejudice whatever rights to citizenship
North Koreans may enjoy under the Constitu-
tion of the Republic of Korea, or to apply to
former North Korean nationals who have availed
themselves of those rights.
(b) Treatment of nationals of North Korea
For purposes of eligibility for refugee status
under section 1157 of title 8, or for asylum under
section 1158 of title 8, a national of the Demo-
cratic People’s Republic of Korea shall not be
considered a national of the Republic of Korea.
(Pub. L. 108–333, title III, § 302, Oct. 18, 2004, 118
Stat. 1295.)
§ 7843. Facilitating submission of applications for
admission as a refugee
The Secretary of State shall undertake to fa-
cilitate the submission of applications under
section 1157 of title 8 by citizens of North Korea
seeking protection as refugees (as defined in sec-
tion 1101(a)(42) of title 8).
(Pub. L. 108–333, title III, § 303, Oct. 18, 2004, 118
Stat. 1296.)
§ 7844. United Nations High Commissioner for
Refugees
(a) Actions in China
It is the sense of Congress that—
(1) the Government of China has obligated
itself to provide the United Nations High Com-
missioner
for
Refugees
(U
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