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22 U.S.C. § 7802 — Annual reports
Federal law — U.S. Code and appendices · legal_authorities
**(a) Immigration and refugee information** Not later than 1 year after October 18, 2004, and every 12 months thereafter through 2022, the Secretary of State and the Secretary of Homeland Security shall submit a joint report to the appropriate congressional committees and the Committees on the Judiciary of the House of Representatives and the Senate on the operation of this subchapter during the previous year, which shall include the following:
(1) The number of aliens who are nationals or citizens of North Korea who applied for political asylum and the number who were granted political asylum.
(2) The number of aliens who are nationals or citizens of North Korea who applied for refugee status and the number who were granted refugee status.
(3) A detailed description of the measures undertaken by the Secretary of State to carry out [section 7843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7843&num=0&edition=prelim), including country-specific information with respect to United States efforts to secure the cooperation and permission of the governments of countries in East and Southeast Asia to facilitate United States processing of North Koreans seeking protection as refugees. The information required under this paragraph shall be provided in unclassified form, with a classified annex, if necessary.
**(b) Countries of particular concern** The President shall include in each annual report on proposed refugee admission pursuant to [section 1157(d) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157/d&num=0&edition=prelim), information about specific measures taken to facilitate access to the United States refugee program for individuals who have fled countries of particular concern f
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Source location: Title 22, Chapter 85, § 7802; chapter-085-north-korean-human-rights.md
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**(a) Immigration and refugee information** Not later than 1 year after October 18, 2004, and every 12 months thereafter through 2022, the Secretary of State and the Secretary of Homeland Security shall submit a joint report to the appropriate congressional committees and the Committees on the Judiciary of the House of Representatives and the Senate on the operation of this subchapter during the previous year, which shall include the following:
(1) The number of aliens who are nationals or citizens of North Korea who applied for political asylum and the number who were granted political asylum.
(2) The number of aliens who are nationals or citizens of North Korea who applied for refugee status and the number who were granted refugee status.
(3) A detailed description of the measures undertaken by the Secretary of State to carry out [section 7843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7843&num=0&edition=prelim), including country-specific information with respect to United States efforts to secure the cooperation and permission of the governments of countries in East and Southeast Asia to facilitate United States processing of North Koreans seeking protection as refugees. The information required under this paragraph shall be provided in unclassified form, with a classified annex, if necessary.
**(b) Countries of particular concern** The President shall include in each annual report on proposed refugee admission pursuant to [section 1157(d) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157/d&num=0&edition=prelim), information about specific measures taken to facilitate access to the United States refugee program for individuals who have fled countries of particular concern for violations of religious freedom, identified pursuant to [section 6442(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6442/b&num=0&edition=prelim). The report shall include, for each country of particular concern, a description of access of the nationals or former habitual residents of that country to a refugee determination on the basis of—
(1) referrals by external agencies to a refugee adjudication;
(2) groups deemed to be of special humanitarian concern to the United States for purposes of refugee resettlement; and
(3) family links to the United States.
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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
**(a) Findings** Congress finds the following:
(1) The Government of North Korea—
(A) has repeatedly violated its commitments to the complete, verifiable, and irreversible dismantlement of its nuclear weapons programs; and
(B) has willfully violated multiple United Nations Security Council resolutions calling for North Korea to cease development, testing, and production of weapons of mass destruction.
(2) Based on its past actions, including the transfer of sensitive nuclear and missile technology to state sponsors of terrorism, North Korea poses a grave risk for the proliferation of nuclear weapons and other weapons of mass destruction.
(3) The Government of North Korea has been implicated repeatedly in money laundering and other illicit activities, including—
(A) prohibited arms sales;
(B) narcotics trafficking;
(C) the counterfeiting of United States currency;
(D) significant activities undermining cybersecurity; and
(E) the counterfeiting of intellectual property of United States persons.
(4) North Korea has—
(A) unilaterally withdrawn from the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the “Korean War Armistice Agreement”); and
(B) committed provocations against South Korea—
(i) by sinking the warship Cheonan and killing 46 of her crew on March 26, 2010;
(ii) by shelling Yeonpyeong Island and killing 4 South Korean civilians on November 23, 2010;
(iii) by its involvement in the “DarkSeoul” cyberattacks against the financial and communications interests of South Korea on March 20, 2013; and
(iv) by planting land mines near a guard post in the South Korean portion of the demilitarized zone that maimed 2 South Korean soldiers on August 4, 2015.
(5) N
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemptions** The following activities shall be exempt from sanctions under sections 9214, 9221a, 9221b, 9221c, 9226, 9229, 9241a, 9241b, and 9243 of this title:
(1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 ([50 U.S.C. 3091](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3091&num=0&edition=prelim) et seq.), or to any authorized intelligence activities of the United States.
(2) Any transaction necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements.
(3) Any activities incidental to the POW/MIA accounting mission in North Korea, including activities by the Defense POW/MIA Accounting Agency and other governmental or nongovernmental organizations tasked with identifying or recovering the remains of members of the United States Armed Forces in North Korea.
**(b) Humanitarian waiver**
(1) **In general** — The President may waive, for renewable periods of between 30 days and 1 year, the application of the sanctions authorized under section 9214, 9221a, 9221b, 9221c, 9224, 9225, 9226, 9229(b), 9241a, 9241b, or 9243(b) of this title if the President submits to the appropriate congressional committees a written determination that the waiver is necessary for humanitarian assistance or to carry out the humanitarian purposes set forth [section 7802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-
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Federal law — U.S. Code and appendices · legal_authorities
Page 2013
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 7813
Koreans inside China to determine whether they
are refugees and whether they require assistance.’’
§ 7802. Purposes
The purposes of this chapter are—
(1) to promote respect for and protection of
fundamental human rights in North Korea;
(2) to promote a more durable humanitarian
solution to the plight of North Korean refu-
gees;
(3) to promote increased monitoring, access,
and transparency in the provision of humani-
tarian assistance inside North Korea;
(4) to promote the free flow of information
into and out of North Korea; and
(5) to promote progress toward the peaceful
reunification of the Korean peninsula under a
democratic system of government.
(Pub. L. 108–333, § 4, Oct. 18, 2004, 118 Stat. 1290.)
§ 7803. Definitions
In this chapter:
(1) Appropriate congressional committees
The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Foreign Affairs of
the House of Representatives; and
(B) the Committee on Foreign Relations of
the Senate.
(2) China
The term ‘‘China’’ means the People’s Re-
public of China.
(3) Humanitarian assistance
The term ‘‘humanitarian assistance’’ means
assistance to meet humanitarian needs, in-
cluding needs for food, medicine, medical sup-
plies, clothing, and shelter.
(4) North Korea
The term ‘‘North Korea’’ means the Demo-
cratic People’s Republic of Korea.
(5) North Koreans
The term ‘‘North Koreans’’ means persons
who are citizens or nationals of North Korea.
(6) South Korea
The term ‘‘South Korea’’ means the Repub-
lic of Korea.
(Pub. L. 108–333, § 5, Oct. 18, 2004, 118 Stat. 1290;
Pub. L. 110–346, § 4, Oct. 7, 2008, 122 Stat. 3941.)
Editorial Notes
AMENDMENTS
2008—Par. (1)(A). Pub. L. 110–346 substituted ‘‘Foreign
Affair
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