118 STAT. 1295 PUBLIC LAW 108–333—OCT. 18, 2004 TITLE III—PROTECTING NORTH KOREAN REFUGEES SEC. 301. UNITED STATES POLICY TOWARD REFUGEES AND DEFEC TORS. (a) REPORT.—Not later than 120 days after the date of the enactment of this Act, 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 303. (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. SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION. (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 citizenship 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 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or for asylum under section 208 of such Act (8 U.S.C. 1158), a national of the Democratic 22 USC 7842. 22 USC 7841.
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