[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] ADMINISTRATION GOALS FOR MAJOR SANCTIONS PROGRAMS ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON MONETARY POLICY AND TRADE OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION __________ SEPTEMBER 26, 2018 __________ Printed for the use of the Committee on Financial Services Serial No. 115-119 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] _________ U.S. GOVERNMENT PUBLISHING OFFICE 32-370 PDF WASHINGTON : 2018 HOUSE COMMITTEE ON FINANCIAL SERVICES JEB HENSARLING, Texas, Chairman PATRICK T. McHENRY, North Carolina, MAXINE WATERS, California, Ranking Vice Chairman Member PETER T. KING, New York CAROLYN B. MALONEY, New York EDWARD R. ROYCE, California NYDIA M. VELAZQUEZ, New York FRANK D. LUCAS, Oklahoma BRAD SHERMAN, California STEVAN PEARCE, New Mexico GREGORY W. MEEKS, New York BILL POSEY, Florida MICHAEL E. CAPUANO, Massachusetts BLAINE LUETKEMEYER, Missouri WM. LACY CLAY, Missouri BILL HUIZENGA, Michigan STEPHEN F. LYNCH, Massachusetts SEAN P. DUFFY, Wisconsin DAVID SCOTT, Georgia STEVE STIVERS, Ohio AL GREEN, Texas RANDY HULTGREN, Illinois EMANUEL CLEAVER, Missouri DENNIS A. ROSS, Florida GWEN MOORE, Wisconsin ROBERT PITTENGER, North Carolina KEITH ELLISON, Minnesota ANN WAGNER, Missouri ED PERLMUTTER, Colorado ANDY BARR, Kentucky JAMES A. HIMES, Connecticut KEITH J. ROTHFUS, Pennsylvania BILL FOSTER, Illinois LUKE MESSER, Indiana DANIEL T. KILDEE, Michigan SCOTT TIPTON, Colorado JOHN K. DELANEY, Maryland ROGER WILLIAMS, Texas KYRSTEN SINEMA, Arizona BRUCE POLIQUIN, Maine JOYCE BEATTY, Ohio MIA LOVE, Utah DENNY HECK, Washington FRENCH HILL, Arkansas JUAN VARGAS, California TOM EMMER, Minnesota JOSH GOTTHEIMER, New Jersey LEE M. ZELDIN, New York VICENTE GONZALEZ, Texas DAVID A. TROTT, Michigan CHARLIE CRIST, Florida BARRY LOUDERMILK, Georgia RUBEN KIHUEN, Nevada ALEXANDER X. MOONEY, West Virginia THOMAS MacARTHUR, New Jersey WARREN DAVIDSON, Ohio TED BUDD, North Carolina DAVID KUSTOFF, Tennessee CLAUDIA TENNEY, New York TREY HOLLINGSWORTH, Indiana Shannon McGahn, Staff Director Subcommittee on Monetary Policy and Trade ANDY BARR, Kentucky, Chairman ROGER WILLIAMS, Texas, Vice GWEN MOORE, Wisconsin, Ranking Chairman Member FRANK D. LUCAS, Oklahoma GREGORY W. MEEKS, New York BILL HUIZENGA, Michigan BILL FOSTER, Illinois ROBERT PITTENGER, North Carolina BRAD SHERMAN, California MIA LOVE, Utah AL GREEN, Texas FRENCH HILL, Arkansas DENNY HECK, Washington TOM EMMER, Minnesota DANIEL T. KILDEE, Michigan ALEXANDER X. MOONEY, West Virginia JUAN VARGAS, California WARREN DAVIDSON, Ohio CHARLIE CRIST, Florida CLAUDIA TENNEY, New York TREY HOLLINGSWORTH, Indiana C O N T E N T S ---------- Page Hearing held on: September 26, 2018........................................... 1 Appendix: September 26, 2018........................................... 25 WITNESSES Wednesday, September 26, 2018 Billingslea, Hon. Marshall, Assistant Secretary for Terrorist Financing, U.S. Department of the Treasury..................... 4 APPENDIX Prepared statements: Billingslea, Hon. Marshall................................... 26 ADMINISTRATION GOALS FOR MAJOR SANCTIONS PROGRAMS ---------- Wednesday, September 26, 2018 U.S. House of Representatives, Subcommittee on Monetary Policy and Trade, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to notice, at 2:15 p.m., in room 2128, Rayburn House Office Building, Hon. Andy Barr [chairman of the subcommittee] presiding. Present: Representatives Barr, Williams, Huizenga, Pittenger, Hill, Emmer, Mooney, Davidson, Foster, Sherman, Green, Heck, Vargas, and Crist. Chairman Barr. The committee will come to order. Without objection the Chair is authorized to declare a recess of the committee at any time and all Members will have 5 legislative days within which to submit extraneous materials to the Chair for inclusion in the record. This hearing is entitled, ``Administration Goals for Major Sanctions Programs.'' I now recognize myself for 5 minutes to give an opening statement. Today we welcome the testimony of Marshall Billingslea, Assistant Secretary of the Treasury for Terrorist Financing who last appeared before this subcommittee in November of last year. That hearing, like the one we are holding today, was explicitly focused on the effectiveness of our sanctions programs. The Financial Services Committee has repeatedly made clear that sanctions are meaningful in the context of achieving particular goals. The committee has shown it is not averse to providing Treasury with the toughest authorities available, but we remain cautious when it comes to measures that fail to truly advance our policy objectives. In other words, our sanctions, like other government programs, have to be held accountable for results, and results are measured not merely in the number of designations by Treasury but by behavioral change on the part of foreign persons. Treasury's role in sanctions policy is central, not merely in implementation but in agenda setting as well. Having said that, with great power comes great responsibility. At a Senate Banking hearing in August, there appeared to be a view shared by both Republican and Democrat Members that Treasury could be more forthcoming with information. As for the House, we have been concerned by TFI's (Office of Terrorism and Financial Intelligence's) delays in providing us with materials that the committee sought in preparation for this hearing. In addition, questions for the record for Mr. Billingslea's last hearing have not been returned and a request earlier this month for technical assistance on a four-page bill went unanswered. That bill went on to pass the committee unanimously and is being considered on the House floor today. Let me be clear, this committee remains a strong supporter of TFI's work, and we applaud the efforts that Mr. Billingslea and his colleagues devote to preserving our national security. But we trust that no one wants to see bipartisan goodwill for TFI taken for granted. There are a number of areas where lawmakers should be working hand in hand with TFI, from adapting new authorities for Treasury, to working on appropriate resource levels, to streamlining reporting requirements. These all call for a greater level of engagement and I look forward to working with the Assistant Secretary on these issues collaboratively. As for sanctions policy itself, it is imperative for Congress to better understand what the administration's goals are and how Treasury's designations will bring about their achievement. Questions of special importance include the following: What is the endgame in Iran such that Tehran abandons its nuclear ambitions and ballistic missile development in the long term? We are all aware of the difficulties facing the Iranian economy following the reinstatement of nuclear sanctions but where is this supposed to lead and how specifically will economic pain take us from point A to point B? On Russia, how are Ukraine sanctions bringing about the changes on the ground, if any, how have the Russians responded as a result of Crimea related sanctions, and how is the experience informing our strategy? And if we are to deter Russia from political interference, chemical weapons attacks, and the like, what evidence do we have that our current measures are working? What evidence do we have that our current measures are countering Russian aggression, countering Russian disinformation, countering Russian malign activities? If they are not effective, how specifically is Treasury adapting its strategy? And finally on North Korea, I am pleased that pressure on Kim Jong-un's regime helped to bring about the President's Singapore Summit in June. At the same time, it is concerning that there have been few concrete commitments on dismantling North Korea's arsenal and the North's evasion of U.N. sanctions, often with the help of China and Russia, and that does continue and that does--that is troubling. How then is Treasury squeezing North Korea so as to render impossible the bait-and-switch approach it has undertaken for the past 2 decades across Republican and Democrat administrations alike? To be sure this administration's abandonment of the failed policy of strategic patience, the pressure campaign has had measurable results. We applaud the return of the remains of 55 U.S. missing in action from the Korean Conflict; we applaud the release of the hostages; we applaud the fact that we are not seeing ballistic missile and nuclear tests, that the cessation of those malign activities by the North is progress, and we applaud the administration's sanctions policies as contributing to that progress. But we also want to continue to work with this administration to give the administration maximum leverage to achieve the Congress's objective, the administration's objective, and that is the peaceful, verifiable, irreversible denuclearization of the Peninsula. I hope this hearing will help us get answers to these questions. Again, I want to thank Assistant Secretary Billingslea for appearing today. We look forward to his testimony. The Chair now recognizes that the gentleman from Illinois, Dr. Foster, for 5 minutes for an opening statement. Mr. Foster. Thank you Mr. Chairman. And I would like to say how proud I am of the bipartisan support for the Sanctions Authority. I think it is--that for a long time has been one of our most effective tools. And I agree also with the Ranking Member on the need for Congress to understand the administration's thought process and especially the endgame and each of the areas where these sanctions are being applied. I personally believe that the effectiveness of sanctions is exponentially more effective if you have these--really with a strong multilateral support, and this is where I personally am most skeptical of the thought process of the administration, frankly. That it is all--it is fine and good for the U.S. to impose sanctions but unless we have strong cooperation with other countries of the world, the sieve rapidly is emptied. And there--so I really think that is what I will be paying attention to in your testimony and in future developments. I am also, frankly, skeptical and disappointed on the progress in North Korea. I am the only physicist in Congress so I look at the difficulty in verifying that North Korea has gotten rid of not only its nuclear production facilities but every nuclear weapon they may have made. And as most physicists will tell you, it is much more difficult to verify that a country has no nuclear weapons hidden than it is that they have no nuclear weapons factory operating because the signatures are so different. And so this is something where I think that we must have stronger multilateral effort on this, that U.S. sanctions alone are-- don't appear ever to be sufficient for that. Anyway, I look forward to your testimony and again, I am proud of the bipartisan support for the authorities we have given you. Chairman Barr. The gentleman yields back. Today we welcome the testimony of Marshall Billingslea, who was confirmed in June 2017 as Assistant Secretary of the Treasury for Terrorist Financing. In this role, he helps oversee the Trump Administration's efforts in administering economic sanctions programs globally. Prior to joining Treasury, Mr. Billingslea served as Managing Director for Business Intelligence Services at Deloitte Advisory. He had previously held positions at the Department of Defense, where he served as Deputy Under Secretary of the Navy and Principal Deputy Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Mr. Billingslea has also worked as NATO Assistant Secretary-General for Defense Investment and as a staff member on the Senate Foreign Relations committee. He is a recipient of the Defense Medal for Distinguished Public Service. Assistant Secretary, without objection your written statement will be made part of the record. The Honorable Marshall Billingslea, you are now recognized for 5 minutes. STATEMENT OF HON. MARSHALL BILLINGSLEA Mr. Billingslea. Thank you, Chairman, and Vice Chairman and Ranking Member. I appreciate the opportunity to appear before my oversight committee and have welcomed the opportunity to appear every time you have asked us to appear. I will, as a former committee staffer on the Senate side, I will dig into why questions have gone unanswered, because that is flatly unacceptable and we will make sure that we rectify that. You have absolute assurance. So, you have asked me to appear today to talk about the full range of authorities and tools that are being used to address the spectrum of national security challenges that we face, and I will--in my spoken testimony, I will focus mostly on Iran, with your permission. My prepared testimony has great details on the full spectrum. But let me start out by saying that each of these countries: Iran, Russia, and North Korea in particular, poses its own unique challenge to us, to our allies and to the international order, but there are some common threads that link them all together. For instance, Iran is the world's leading sponsor of terrorism, and they continue to squander their wealth through corruption and terrorism instead of helping the Iranian people, which is the focus of much of our work. Russia is providing weaponry and defense material to Iran, and extensive support to the Syrian regime that is enabling the brutal targeting by Assad of his own citizens. And, of course, as you mentioned, Chairman, Russia continues its occupation of Ukraine and Crimea and subversion of Western democracies, intolerable efforts to manipulate our elections and elections of NATO allies. And it is a permissive environment for North Korean procurement efforts in Russia and for efforts to circumvent the U.N. Security Council resolutions. And then, of course, North Korea continues, as you say, to evade deliberately international sanctions through the United Nations, as well as our own national sanctions, and they have not yet abandoned their weapons of mass destruction or their missile programs, though as you also indicated, Chairman, there are some promising indicators. So on the one hand all three of these countries are using some similar tactics to exploit the global financial system, particularly by establishing and employing front and shell companies to mask the origin and the true beneficial ownership of financial flows and to disguise the nature of any intent behind transactions. But, on the other hand, these three countries differ widely in terms of the size of their respective economies, the extent to which they have businesses that are intertwined within global supply chains, and in the degree to which their financial sectors are connected or not connected to the global financial system. And for these various reasons, our sanctions programs are active and complex but also very different and nuanced in each case. So turning directly to the matter of Iran in the time I have left, we are determined to greatly reduce Iran's capacity to conduct malevolent activities, including its far-ranging support for terrorism, its human rights abuses, its aggressive development of ballistic missiles, and the proliferation of missile technology and missiles to groups such as Hezbollah and the Houthis in Yemen, and other brazen activities that are unbefitting of a member of the international community, whether we are talking about efforts to counterfeit currency or assassinate political opponents and opposition figures in Europe. We have made clear to the Iranian regime that all of these activities must cease, and they must agree to an arrangement which has none of the egregious loopholes on nuclear weapons development such as those contained in the JCPOA (Joint Comprehensive Plan of Action). Until this occurs, sanctions are being re-imposed in two phases, the first of which occurred on August 7 as U.S. sanctions came back into full effect on the acquisition of U.S. dollars by the regime, trading in precious metals such as gold, participation in sovereign debt, and business in the automotive sector and metal sectors. On November 4 of this year, we will reimpose additional sanctions, including far-reaching measures on Iran's energy and shipping sectors and on foreign financial institutions that are conducting certain transactions with the Central Bank of Iran and designated Iranian banks, and we will aggressively enforce these actions. We will also continue to combat Iranian malign behavior with further targeted measures. On top of the re-imposition of the sanctions that were suspended under the JCPOA, we have issued 18 rounds of sanctions in 18 months, designating 146 targets for a full range of activities, related again to these human rights abuses and the terrorism behavior and proliferation. A major focus of ours, as you might imagine, in this area has been Mahan Air, and I can discuss that in greater detail as you wish. But we are also determined to expose Iran's abuse of the international financial system. I mentioned the counterfeiting ring, which we disrupted, but also this past May you saw us take a very coordinated multinational effort, together with the United Arab Emirates and the Iraqis, to dismantle one of the main mechanisms by which the Central Bank of Iran was funneling money to Hezbollah. And I can provide, again, further details on that as you wish. I want, in closing, Chairman, to just offer one particular very poignant data point to the committee, which is this graphic here. Maybe a bit difficult to see, but what this depicts is the rapid decline in the value of the Iranian currency, the rial. The rial is effectively collapsing. It's lost two-thirds of its value over the past few months. And this is happening for a couple of very specific reasons, but in essence it is a combination of our ongoing sanctions programs as well as colossal corruption and economic mismanagement by the Iranian regime. And so what you see is a recognition on the part of the Iranian people that the rial is functionally going to become worthless because of the behaviors of the Iranian regime. Not only their own corruption and mismanagement, but the fact that all of their export of terrorism is now rebounding on them in force with the U.S. economic campaign. As you see here--the rial, by the way, now stands at the lowest level it has ever been since the Revolution. It is trading at 185,000 to the dollar. And, in essence, this provides the Ayatollah, a very stark choice: He can use his limited foreign exchange reserves to prop up the currency and fix his economy and help the Iranian people or he can continue to export his scarce dollars for terrorism, but he can't have it both ways. Thank you, Mr. Chairman. I look forward to answering the questions of the committee. [The prepared statement of Mr. Billingslea can be found on page 26 of the Appendix.] Chairman Barr. Thank you, Mr. Billingslea, and your time is expired. And the Chair will now recognize himself for 5 minutes for questioning. Since you were focusing there at the end on Iran, let me just start there very briefly. As you know, there have been defenders of the JCPOA, critics of the administration's decision to pull out of the deal and to reimpose sanctions. In a nutshell, and in brief form, could you basically describe the continued and accelerating malign activities that justify re-imposition of the sanctions? Mr. Billingslea. Yes, sir. So what the Iranians got was an ability to reattach themselves to the international financial system. And they used that access, instead of benefiting the economy and helping the Iranian people, they used that access to generate cash for terrorism. And their export of terrorism has hit an all-time high. They ship more than a $100 million a year to Palestinian terrorist groups. They ship $700 million or more a year to Hezbollah to underwrite their terror operations. What they are doing with the Houthis in Yemen--in fact, in total, over the past few years, they have spent $16 billion on terror activities in propping up Assad in Syria and Iraq. It is an enormous expenditure of funds by the Iranians, and it is absolutely crucial that we bring pressure to bear to cause this to cease. Chairman Barr. As you know, some of our European partners in the P5+1 have indicated their intentions to remain in the deal. What is the administration prepared to do to impose secondary sanctions or bring our European allies to the--to the process to impose maximum international pressure on Tehran? Mr. Billingslea. We have engaged in a significant diplomatic outreach program across the globe. Together with the Department of State, more than 30 countries, we have had detailed consultations with them. I myself have led negotiations with 13 countries, many of them in Europe. There is a difference of opinion within Europe. It is not a monolithic view on this issue and we are working with those who understand the security threats that we perceive that the Iranians pose. We have also made very clear that secondary sanctions are available and that it would be extremely unwise to continue to transact with the Iranians in the prescribed areas that I laid out where sanctions will be reapplied. Chairman Barr. Thank you, and then moving--shifting over to North Korea really quickly, just citing a public article-- publicly available article from The Wall Street Journal just a few days ago, it stated that a confidential new United Nations report says that Pyongyang, often with the help from people in Russia and China, has been able to circumvent restrictions rendering, quote, the latest U.N. sanctions ineffective, unquote. Citing U.S. intelligence, U.N. investigators found, quote, a massive increase, unquote, in fuel shipments to North Korea involving Russian and Chinese ships, as well as numerous examples of coal shipments to China from North Korea, and the U.N. report also called out Chinese companies for buying tens of millions of dollars of North Korean iron, steel, and other products. Chinese firms have maintained joint ventures with North Korean partners despite a U.N. ban last year And this--according to the report, it says this amounts to a serious setback to the maximum pressure campaign to isolate North Korea. Could you just respond to that and tell us what we are doing as part of our sanctions program to prevent actors in China, in Russia, and other places from circumventing our international sanctions so that--so that we can have the maximum leverage possible? Mr. Billingslea. We are holding them to account. We have-- and you may have noticed in the previous couple of months, we have engaged on almost a weekly basis in imposing sanctions on entities who are attempting--who are seeking to undercut U.N. Security Council resolutions on North Korea. I will give you just a couple of quick examples. We repeatedly warned the Russians that banks that continue to transact with North Korean financial facilitators will be targeted. They chose to ignore us, and as a result we have now designated a Russian bank just a few weeks ago, the Agrosoyuz Bank. We likewise have said, as you point out, that coal-- circumventing the coal embargo is unacceptable, yet a Russian port operator was willfully allowing the obfuscation of the origin of coal in a transshipment of coal and so we designated that port operator. We also went after shipping companies, jointly owned ships, some Russian shipping companies, and six Russian vessels, as well some Chinese entities. Just as a few examples of how we are targeting those who seek to undercut the Security Council and its resolutions. Chairman Barr. My final question, it was reported last month that Russia may be violating U.N. sanctions by issuing new work authorizations for North Korean laborers. Can you certify that Russia is complying with U.N. sanctions in this regard, and if not, what are you going to do to sanction the employers of these laborers? Mr. Billingslea. I cannot certify that. In fact, I have repeatedly warned--I said this when I appeared before this committee in November, that Russia was not actively and aggressively enforcing the U.N. Security Council resolutions. We are watching this matter very closely. Chairman Barr. Thank you. My time is expired, and the Chair now recognizes the gentleman from Washington, Mr. Heck. Mr. Heck. Thank you, Mr. Chair. I would like to start by saying what a pleasure it is to be a part of this subcommittee hearing in which the distinguished gentleman from Kentucky opened up by quoting classic and great American literature, namely Spiderman; ``With great power comes great responsibility,'' very erudite of you. Secretary Billingslea, thank you so much for being here. I am going to share my perspective on how it is, I think, sanctions can work best and then ask you a question. I think they work best--this is not an all-inclusive list--when they target specific activity connected--linked to specific behavior that we want to change, and furthermore, when the sanctions themselves actually harm the people who are in the decisionmaking roles or capacities so that they can see, feel, and touch the damage to deter them from continuing it. And so my question out of all of that--because it really isn't clear to me at all--is how is Secretary Kim Jong-un in any way damaged by the sanctions we have levied? Because it is not clear to me that he has suffered any damage. Indeed, I think, maybe the general population has; they are not in the decisionmaking seats. Mr. Billingslea. So in an absolute dictatorship, as we have in the case of North Korea, the key has been to impose significant financial costs that affect the broader economic situation. It is certainly the case that it will allow his people to starve while he continues to ensure that the elites in Pyongyang received their share of the wealth. But when you have a precipitous drop in revenue generation, as they have faced because of our sanctions and the U.N. sanctions, it is--the estimates are really difficult to come by, but at a minimum I would say 40 to 50 percent of the revenue they were generating has gone away. And that has led to some significant shortages in luxury goods for the elites and pressure on the regime itself. Mr. Heck. Do we have evidence of that? Because I am not aware of any. Mr. Billingslea. We do, and I would be happy to come back in a closed session--within a classified session with you on what we know, but again, it is a bit challenging to give you concrete econometric numbers, since they-- Mr. Heck. Understood. I have the privilege also to serve on HPSCI, and I am aware of the challenges associated with this. It is still nonetheless not clear to me that he is feeling any of this. Mr. Secretary, as you know we passed CAATSA (Countering America's Adversaries Through Sanctions Act) by a vote of something like 515 to 4. It was ridiculously overwhelming. And the administration was pretty slow to actually pull the trigger on all of that and to move forward on the sanctions vis-a-vis Russia; why? Mr. Billingslea. Oh, I would--Congressman, I would have to disagree with that premise. We have imposed three times as many sanctions on Russia for cyber activities as the previous administration in just our first 20 months. Mr. Heck. Well because we passed CAATSA but you were very slow to do it, it took months and months and months. Mr. Billingslea. OK but on CAATSA, a couple of key points, one is the legislation is prospective so it is forward-looking, so we are building the case on a number--in a number of areas to use the CAATSA sanctions. But second when we have a target that we want to designate, like I mentioned the sanctions evaders in Russia, for the North Korea sanctions. We want to use whatever legal authority or executive order we have that gets us onto the target most efficiently and most rapidly so CAATSA-- Mr. Heck. Let me interrupt Mr. Secretary and I am encouraged to hear that, I encourage you in the strongest terms possible to proceed. I do, however, want to point out that the sanctions have mostly been targeted against low-level operatives for example, in the internet research agency or Concord Catering and I harken back to what I said at the top of my questioning, which is they work best when the people who are in the decisionmaking capacities get whacked. And it is not at all clear to me that these sanctions have been taken to the degree to actually harm, injure and therefore deter the oligarchs or Mr. Putin himself as a matter of fact. Low-level people being sanctioned is not an effective deterrent. So from where I sit, it was slow and it went after low- level people. Mr. Billingslea. Congressman, I couldn't agree with that characterization, here's why. When we targeted Oleg Deripaska, who is an oligarch that the previous administration was unwilling to touch, in part because he came to power through his Saint Petersburg connections and controls the world's second largest aluminum company. He has lost half his net worth. Viktor Vekselberg has lost $3 billion in our designation. Mr. Heck. And yet there's no evidence that those sanctions have been levied against enough people in decisionmaking capacities to change behavior. I am out of time and I thank you Mr. Chairman, incredibly erudite gentleman from Kentucky. Chairman Barr. Thank you, the gentleman's time has expired, the Chair now recognizes the Vice Chairman of the subcommittee, Mr. Williams from Texas. Mr. Williams. Thank you Mr. Chairman for holding this important hearing on this issue that you have passionately pursued throughout this Congress and Assistant Secretary Billingslea, I thank you for your testimony this morning there today and for your service to our Nation in such a critical capacity. Each day we are reminded which states are friends to the United States and which are not. Under the leadership of President Trump and this Republican Congress, I hope that in the end we will have more friends than ever before. That said, before there is a demonstrable shift from the actions and behaviors of regimes like Iran, North Korea, and Russia and Venezuela, we must maintain a vise grip on every bad actor. The aforementioned governments are not our friends as is evidence from the deliberate intent to destabilize the United States and her financial institutions, citizens, and businesses. So, Mr. Billingslea, once again, I thank you for your testimony and for your commitment to countering the persistent threats to our homeland and also please extend our gratitude to your counterparts at the Treasury Department. First question, as you know, I have introduced legislation H.R. 4324, the Strengthening Oversight of Iran's Access to Finance Act which requires a Treasury Secretary to submit a report to Congress regarding financial transactions authorized in connection with aircraft sales. HR 4324 passed the House last November with bipartisan support as you know, and at your hearing with us last November you were asked if Iran air had ceased all sanctionable activities. You replied that you would need to get back to the committee, but we haven't received that answer yet and can you tell us today whether Iran Air has ceased all sanctionable activities? Mr. Billingslea. I think the airline of, I am going to choose my words very carefully here because I don't want to stray into classified territory, but the airline with which we are most preoccupied but not exclusively preoccupied is Mahan Air. Mahan Air is the airline that the Quds force tends to rely on when they need to ferry weapons terrorists, explosives, or bulk cash to the Assad regime or other places. Mr. Williams. Watch that very closely, needless to say. Mr. Billingslea. Sorry sir. Mr. Williams. Watch that very closely, needless to say. Mr. Billingslea. Yes sir, yes sir. Mr. Williams. There seems to be a dividing line in Russia sanctions with sector-based measures on the one hand and on the other hand personalized sanctions are focusing on the oligarchs, these are very different approaches but they are being employed at the same time. So my question would be what is the relative effectiveness of one over the other and when it comes to influencing Moscow's behavior? Mr. Billingslea. I ultimately--these are critical questions, ultimately a lot of this I would defer to the Department of State to explain how sanctions are an enabler for the broader diplomatic efforts that we undertake. Sanctions in and of themselves are not the primary vehicle for our foreign policy but they do underpin much of what we are doing now vis-a-vis the Russians. We have decided that the nature of Russian malign behavior is unacceptable, and we will impose enormous costs and consequences on the inner circle surrounding President Putin. I think they have come to the realization that we are serious about this and that we will react forcefully if they continue these malign behaviors. The Russian stock market took a 9 percent dip when we acted in April and it has not recovered since the ruble is still trading near all-time--all-time lows for the past several years. Mr. Williams. Well, thank you again for your testimony. Mr. Chairman, I yield my time back. Chairman Barr. Gentleman yields his time, the Chair now recognizes the gentleman from Texas, Mr. Green. Mr. Green. Thank you Mr. Chairman, thank the witnesses for appearing as well and would ask about sanctions in terms of the messaging associated with the sanctions that are being imposed. What type of messaging are we engaged in when the President gives one impression about the efficacy of a circumstance and the intelligence community gives another? When the President talks in glowing terms about relationships with the leader of North Korea and the intelligence community is indicating to us that things that are to be done are not being done. How does that impact the effectiveness of the sanctions? Mr. Billingslea. So obviously we deliver a wide range of messages at different levels for different purposes but I think our messaging in the case of North Korea has been pretty clear and unambiguous as far as Treasury's posture, which is that sanctions will not only be maintained until North Korea denuclearizes but that we will combat North--continuing efforts by North Korea to evade our sanctions by interdicting or otherwise disrupting those conduits through our sanctions authorities and also through our financial diplomacy. Mr. Green. Similar circumstance with Russia. Intelligence community in a very explicit way indicated that there was involvement in our election. The President, on the other hand, was late to the game, if I may use such a term. How does that impact the messaging? How does that messaging impact the sanctions that we have imposed and then there's this little thing of the meeting that took place wherein it was indicated that this was all about adoptions, when clearly it was not. That language was taken out of context and put into another context so what--the messaging seems to be a little bit confusing, I think, to the people that we rely on to engage in sanctions with us when they see one message from the President and then another from the intelligence community. Mr. Billingslea. Thanks for the question Congressman. I think that as Congressman Foster noted in his opening statement and as you just alluded to, maintaining and engaging-- maintaining international support for our measures is really crucial and I am very pleased that we have been able to do so with regard to Russia sanctions and the European Union. And we have worked very, very closely. I was just in Scandinavia, we worked very closely with a number of those key countries to ensure that the EU stays tough on Russia together with us for Crimea, Ukraine, and other actions. I would simply note that our actions do, I think, speak for themselves. We have, we, the Treasury Department have engaged, we have targeted more than 223 Russian entities in our first 20 months in office. That is in comparison, in our 20 months in office and 220 entities, more than in 8 years the Obama Administration did 550 sanctions. So, we are definitely proving, I think, that we will hold the Russians accountable. Mr. Green. Special purpose vehicle, the European Union. We have decided, by and through our President, that we will no longer be a part of what we have called the Iran deal and our allies have now taken the position that they will do things that in effect will circumvent the position that we have taken. The messaging seems to put us at odds with people that we may need at some point because really, there are only two ways to prevent Iran from having nuclear weapons. Iran can decide not to do it on their own volition or they can attempt to do it and we can take kinetic action. So this notion that we are somehow going it alone, what kind of message does that send to the allies that we depend on to enforce sanctions to make them efficacious? Chairman Barr. A brief answer, the gentleman's time is expired so a brief answer, please. Mr. Billingslea. Yes, Congressman I--again, you are touching on exactly the importance of working together in a multinational context, it is absolutely the case that we enjoy enormous support from our allies and our friends in the Middle East, the Gulf nations in particular who have joined us to impose sanctions on Hezbollah and other Iran proxy groups. I would--I think it is important to talk about the special purpose vehicle in these other matters and with the Chairman's just indulgence, suffice to say, I wouldn't get enormously worked up over the special purpose vehicle discussion because the European companies are voting with their feet. They recognize that a $20 trillion business opportunity to work with United States versus a $400 billion-dollar liability to work with the corruption in the Iranian economy, it is a pretty clear-cut case and so we have had more than a hundred of the major European companies make very clear, they are getting out. Chairman Barr. The gentleman's time has expired. The Chair now recognizes the gentleman from Ohio, Mr. Davidson for 5 minutes. Mr. Davidson. Thank you Chairman and thanks for your comments, sir. I appreciate your service and really a critical national security component for our country, indeed economic security is as a vital component in national security and we have been able to leverage that with the sanctions regime. And as you allude to, one of the keys to that effectiveness has been engaging allies to unite against adversaries, one of the things that I am concerned about is our trade policy. Our trade policy is currently doing just the opposite, its multiplying our enemies instead of multiplying our allies and so I am personally exploring, how we could use the sanctions regime, which has achieved great results, to be much more targeted. In modern warfare, we do everything we can to minimize collateral damage and to focus everything on our adversaries and the nice thing about the sanctions toolkit is you don't even have to levy them against an entire country, you can levy them against a company or as you have alluded to already with a couple Russian oligarchs, against individuals. So I am curious as you look at adapting the International Emergency Economic Powers Act which gives this authority, it is historically been used for other foreign policy objectives but do you see any particular roadblocks to applying it in trade policy? Mr. Billingslea. Congressman, that is a--that is a very incisive question. I have to confess, I don't--trade policy's beyond my remit, I have a hard enough time just on the sanctions side of the house but I would actually like to explore this with you in greater detail to understand ways that we could work together on that. Mr. Davidson. Yes, thank you for that and so the logic would be that for similar purposes that we are currently engaging in unilateral action on tariffs, frankly, maximum collateral damage in the case of uniform tariffs, for example. Here we could be very precise and say target Chinese steel companies rather than taxing all the steel in the world, we could simply use the power of sanctions to target two specific companies, for example. I am curious, however, because the intent is very aggressive with our sanctions. Effectively once sanctions go into effect on a company, we are not anticipating a future for that company, in fact we are doing everything we can to disrupt their entire business model. I am concerned about the collateral damage that may happen as we impose sanctions so help me understand what happens if an American company is actually partnered with a company or individual that becomes subject to sanctions. In my preparation or study for how I would apply this to trade policy, I have come across some companies, some of them wholly owned by Americans but because they became involved with individuals or companies that were the targets of sanctions, they have found it impossible to even operate it, the business and, in general, when they can get a temporary relief with a license, it is really just to unwind the business. So for the policy, I anticipate with application to trade, you would have to focus this in a way that could have not necessarily a terminal effect but a painful one and how do you minimize the collateral damage for the American? Mr. Billingslea. Congressman, that is a great question. I-- one thing I would say at the outset is that our sanctions are designed fundamentally to induce a change in behavior and so we need to keep--we want to be mindful of-- Mr. Davidson. Apparently at the country level more so than at the company level, correct? Mr. Billingslea. Company or individual but again, I think there are some instances where we have targeted companies, potentially very big ones, that were owned by some pretty nefarious actors and then immediately issued some licenses to allow them to extricate themselves from their ownership situation. The other thing I would offer to look at, we could explore this together further is how we crafted the Venezuela executive order that prohibited U.S. persons from engaging in any new debt or equity with the Venezuelan regime. As you mentioned the issue of blowback, one of the things that we saw in the case of the PDVSA bonds that were issued but as Maduro was stealing--is stealing from his oil industry, as we wanted to ensure that the secondary bond market was protected from the effects of that action. And that might be a very instructive model that we used in that particular case for what you are driving. Mr. Davidson. Yes, thank you for that. And just in general, let's say that U.S. Steel had partnered with Severstal in the U.S., we wouldn't want the employees in that company that are based in the United States to not be able to get payroll, for example. And right now, those licenses are necessary, what is a general timeline to get that work through for a company that is partnered? Mr. Billingslea. So that you are absolutely right, our goal is not to harm any U.S. jobs or and--or jobs in our friends or allies. I would have to get back to you with OFAC (Office of Foreign Assets Control) on the specifics on those licenses. Mr. Davidson. All right, thank you my time is expired. Chairman, I yield. Chairman Barr. Gentleman yields back, the Chair now recognizes the gentleman from Arkansas, Mr. Hill. Mr. Hill. I thank the Chairman, appreciate the Ranking Member, I want to echo Dr. Foster's comments that in my 3-1/2 years or so of serving in Congress, it is been refreshing to see the strong bipartisan support, particularly in this committee and the full committee on how to use sanctions as a political and economic tool to compel change in behavior. Some successfully, some not so much. I do believe Iran is a reasonable case study though, where collectively multilateral sanctions and bilateral sanctions with the United States have been most successful along the way and I have always used as an example, particularly with my constituents, that if you look at other sanctions regimes, whether they are multilateral sanctions through the United Nations or bilateral sanctions imposed by the United States, either by action of the Secretary of the Treasury or legislatively, nothing compares to what we have done really on Iran. Only in the recent time President Trump's been in office pressing South Korea, have we seen anything that has risen to the amount of sanctions and the most encompassing of sanctions. Venezuela, no, not so much; other countries we have had problems with over the years, not so much so I think Iran was instructive to the world community on how to create a sanctions regime. So thanks for leading the effort. I believe we also would be very interested in new ideas that you are seeing in sanction design since we have had this intensive period in Iran and collaborated with our allies and the multilateral sources so that if you have new suggestions legislatively that would be helpful to aid to the United States, particularly the Secretary of the Treasury, we would be interested in those and be happy to meet in a classified session to discuss those if necessary. I want to talk a bit about South Korea, North Korea, and our sanctions there to complement the President's moves in North Korea. Sanctions are great when they are written down but only in their enforcement do we get the response that you are looking for. So according to the U.N. panel of experts, any vessel operator captained by a North Korean person is at risk of engaging in illicit activity, this is all consistent with the Security Council resolutions 2270 and 2321, as well as the work we have done under our Chairman's leadership with the Warmbier Nuclear Sanctions Act that we have proposed here in the House. Consistent with that panel of experts and the U.N. work and what the Treasury's been doing, how are you in achieving that blacklist regardless of who owns the ships themselves in order to again tackle this enforcement issue? Mr. Billingslea. Thank you Congressman. I would welcome the chance to explore with you additional tools and authorities. We are always on the hunt for the kind of flexibility that we need to do this job. On the shipping issue, you have put your finger, I think, on really if I had to pick the main area of concern, there are several areas of concern but the main area of concern we have regarding North Korean sanctions evasion, it is ship-to-ship transfers of oil and coal and other commodities out in the open ocean. And so disrupting and targeting those vessels, the vessel owners but also the flagging--the mechanisms by which they received their national flags and they received their insurance underwriting are all key things that we, together with the Department of State, have been focused on. And so I personally, for instance, have intervened with a couple of key flag-of-convenience nations to raise particular vessels with them and I have to say they have moved very swiftly when we do raise it to deflag and delist the vessel from their registries. We also through--well, we don't usually talk about that, that we do in my organization is we engage in some pretty heavy financial diplomacy and so we will get out into the field or use our attaches to pass intelligence information and we have, I think, very successfully seen the impounding of some of these vessels by the South Koreans, the Indonesians, and others. These vessels that were engaged in this illegal activity have then been seized in national waters. So those are just some examples. Mr. Hill. Thanks, let me switch gears in the few seconds remaining. The--again, staying on the same subject, Bank of Dandong and Bank of Delta Asia, those are fairly small financial institutions without a lot of clout. What are you doing to get the bigger players in finance in Asia? Mr. Billingslea. We are talking directly with them and their chief compliance officers; we have engaged in a data process with them that has alerted them to a wide range of entities that we believe are controlled by the North Koreans, and we are helping them take enforcement actions to expunge these accounts from their roles. Mr. Hill. I hope you will come back and keep the committee apprised of that, I think, that is--that will bear fruit if you press on that point. Thanks. I thank the Chairman. Chairman Barr. The gentleman yields back, and I think we do not have any other Members in the queue. I think we would like to proceed with the second round if the Assistant Secretary be willing to take those so I will recognize myself for a second round of questioning and Mr. Heck and Mr. Hill, if you all would like another round, we will recognize you all as well. Let me just stay on North Korea and foreign banks for a minute. When you testified last November, you made note of ship-to-ship transfers that enabled North Korea to continue its petroleum imports. According to a Washington Post report last week much like The Wall Street Journal report that I quoted earlier, the smuggling has continued and ``Russia and China have shown a little enthusiasm for cracking down on the profiteers who are helping supply crucial fuel for Pyongyang's vehicles and factories.'' I would ask unanimous consent to enter this article into the record. I am concerned that making designations ship-by- ship or individual-by-individual has not gotten us as far as we need to go. As you know, the legislation that was passed out of this committee and passed by the U.S. House 415 to 2, the Otto Warmbier North Korea Nuclear Sanctions Act. That legislation would target, would require a more comprehensive targeting of foreign banks. I am encouraged to hear you talking about working with the compliance officers of some of the larger Asian financial institutions to help them identify shell companies or North Korean controlled accounts. But can you elaborate on how Treasury is going after foreign banks, insurers, and registries that are doing business with these sanctions evaders and when can we expect an impact on the petroleum trade that is more comprehensive than just this individual-by-individual or ship-to-ship designation? Mr. Billingslea. You are absolutely right and when I when previewed the phenomena of the ship-to-ship transfers to this committee back in November, I would say the situation continues to be a big issue for us and perhaps has only intensified as an evasion technique. And so our response that has to be a whole-of-government response that employs not just our Treasury actions but our State Department demarcheing process but also the actions of our United States Navy and others. And then I would further add that our work with our key allies like South Korea and Japan to conduct surveillance overflights of the transfers to furnish that information, to follow the vessels and to impound them would be additional actions that are illustrative of how we are operating but, at the end of the day--at the end of the day, as Ambassador Haley has made clear at the United Nations, it is incumbent upon both the Russians and the Chinese to step up and enforce these Security Council resolutions. Chairman Barr. Well, we appreciate continued pressure on those Russian and Chinese banks to help enlist their cooperation. Can you tell us from the beginning of the maximum pressure campaign to date, how much is there--can you quantify the hard currency that we have denied to North Korea? Is there a--does Treasury quantify how much sanctions pressure since we have made this shift in policy? How much sanctions pressure has actually deprived North Korea of hard currency? Mr. Billingslea. Let me check, we have a rolling estimate, we attempt to quantify it, the hard data is very difficult to come by, we watch the currency valuation, we also watch basket- of-goods estimates, we will need to get you the exact number for the record, a number for the record, it is not an exact number but like I indicated previously, we believe we have cut the regime's revenue generation by at least 40 percent if not more so that would translate into several billion dollars. They weren't generating tens of billions to begin with, so we have cut it by roughly half. Chairman Barr. I obviously don't want to get into any classified territory here but if it is--if you are able to answer this question, do you have an assessment of whether or not the sanctions has limited the capabilities of the North to maintain its nuclear program or is it in your best judgment, assessment of a voluntary response to the Singapore summit or the diplomatic work that has been done? In other words, have we actually degraded their capability, their nuclear and ballistic missile capabilities and that is why they haven't been engaged in these testing activities? Mr. Billingslea. So on the on the details, I defer to the intelligence community on some of that. I would say--I would say we believe we have certainly degraded their procurement efforts. Chairman Barr. OK, thank you. My time is running out but one final question. At last year's hearing, the committee discussed cutting off North Korean leaders' access to financial services, which you indicated something your office was working on. Ten months after that hearing, can you tell us if Kim Jong- un's inner circle still enjoys access to assets abroad? Mr. Billingslea. I suspect they do, we are hunting it down, when we get indications as we made very clear and the actions we undertook in Latvia against the bank there, we had evidence of North Korean-related money laundering so we have been very active, but I couldn't give further details on that. Chairman Barr. Thank you, my time has expired. The Chair now recognizes the gentleman from California, Mr. Sherman. Mr. Sherman. When the crisis 10 years ago, we were told certain banks were too big to fail, then prosecutors told us some banks are too big to jail, are their banks in China that are too big to sanction? What we have seen is that in dealing with North Korea, you have been willing to sanction a small Chinese bank, the Bank of Dandong but have been unwilling to go after the Industrial and Commercial Bank of China, the China Construction Bank Corporation, or the Agricultural Bank of China. Is this because those banks don't do any business with North Korea or because they are too big to sanction? Mr. Billingslea. Thanks, Congressman, and we can pick up on the conversation we had just the other day on this in a different committee. I will reiterate when I said to them, which is there is no Bank that is too big for us to sanction if we determine that it is in our national security interest to do so. We would juggle a couple of considerations together, but as I also had indicated just a moment ago, we are working with a number of the very large banks to ensure that they are aware of and taking action against accounts that we believe are associated with North Korean front companies. Mr. Sherman. But you are saying that the three large Chinese banks I mentioned and, by the way, Chairman Yoho and I have sent a letter to the administration to urge and have not received a response. We sent the letter 2 or 3 months ago, I believe the letter was not addressed to you personally, asking for why these major Chinese banks had not been sanctioned. Are you here telling me that those three Chinese banks haven't done anything like what the Bank of Dandong did? Mr. Billingslea. I wouldn't want to comment on any particular bank or financial institution at this stage. I am told by staff that we believe, we have responded to the letter. I want to make sure you have it so-- Mr. Sherman. We will work to make sure we get a response. For our best sanctions that are most effective have been banking sanctions. We introduced those against Iran I believe in 2013. My fear is that if you keep using the best hammer, you eventually break the hammer. Can Europe, will Europe invent a payment system for Iran in order to preserve the JCPOA that will make our banking sanctions less effective, not only against Iran but in future decades, future other targets? Mr. Billingslea. It's a crucial question and it is one that we spend a lot of time focusing on, there certainly is a lot of aspirational talk along these lines. At the moment, the United States dollar, or particularly with the strength that the dollar enjoys now, does remain the fundamental currency of choice for the banking system and for clearing financial transactions. Mr. Sherman. Now drug dealers use dollars, they put them in suitcases, why does that not work for Iran? Mr. Billingslea. The Iranians will not hesitate to try to move dollars in bulk cash for their malign activity. Mr. Sherman. But--OK, if they want to sell oil instead, they could accept euro currency or dollar currency, it doesn't take--those oil tankers come in empty so there's plenty of room. Mr. Billingslea. Right and this is why, in August, we prohibited transactions involving U.S. banknotes with the Iranians and it is why, in November, we will designate the Central Bank of Iran as well as a large number of Iranian banks to preclude exactly what you are--what you are talking about. Mr. Sherman. Let me point out that if sanctioning Iran is a good idea, the fact that we have chosen to do it for the one reason that Europe wouldn't support, which is the JCPOA instead of identifying, this is more on the foreign policy side, all the other wrongs that Iran is committing, which Europe regards as wrong, is the worst packaging and marketing of sanctions that I have seen. But finally, cryptocurrencies. Obviously often cryptocurrencies are used as a medium of exchange for a normal transaction, I remember one supporter of cryptocurrencies waving around an article that said 9 out of 10 times when there's a crypto transaction, it is legitimate and doesn't involve drugs or terrorists, but is there any advantage that cryptocurrencies have to the legitimate non tax evading business person or are they uniquely well-suited for those trying to evade sanctions and tax laws? Mr. Billingslea. So we definitely are seeing some of the cryptocurrencies being used for money laundering or other behaviors. I think we will arrive at a point in time where we have digital currencies that are tied to a fiat currency and I also definitely believe that the underlying technology, the distributed-ledger technology that underpins cryptocurrencies will have enormous benefit for the financial services industry. And so these are-- Mr. Sherman. Nobody's against descriptive--distributed ledgers but what can you do with a cryptocurrency that you cannot do with a dollar? I assume a dollar can also be accounted for in a distributed ledger. Mr. Billingslea. Right, I am not assuming I know. I think that is a very valid point but because we believe the technology is here to stay and that it will continue to evolve, for this very reason we have decided to make the U.S. presidency of the Financial Action Task Force, which is a year- long presidency that started in June, we have decided to make securing international agreement on a global standard for how we are going to regulate anti-money laundering regulations of cryptocurrencies to be one of the three priority areas for us. And I am optimistic, time will tell but I am optimistic that, at the FATF meeting in October, the nations will agree to such a standard, for exactly the reasons you are pointing to Congressman. Chairman Barr. The gentleman's time is expired but it was an interesting question and so I have wanted to provide Mr. Billingslea an opportunity to answer that question and the Chair now recognizes the gentleman from Minnesota, Mr. Emmer. Mr. Emmer. Thank you Mr. Chair. Thank you Mr. Billingslea, for being here. That last question was interesting. I would ask you this, when we are talking about the distributive ledger, the blockchain platform, wouldn't you agree with me that it is easier to track criminal behavior on a distributive ledger than perhaps a suitcase of cash that is being carried by an individual that is unknown? Mr. Billingslea. In general, yes as long as the ledger was not--as long as the blockchain in question was not designed specifically to be non-attributional. Mr. Emmer. Right. Mr. Billingslea. And so I think that is a key discriminating factor in the technologies. Mr. Emmer. Right. Mr. Billingslea. Very quickly, on Monday, the European Union announced that it would set up a special purpose vehicle to permit its companies to deal with Iran and avoid U.S. sanctions. How will you treat foreign companies that use this mechanism and is it accurate to say that they will still be subject to U.S. sanctions? Mr. Billingslea. Congressman, it is accurate to say and we--absolutely accurate to say, we have made crystal clear to companies around the world that they need to make a business calculation and if the business decision that they make is they want to trade with the Iranians in the prescribed sanctioned areas that we have laid out, that is their business decision. But they will not transact with the United States and they will not have access to the United States financial system if they so choose. I think the net effect of that is been pretty clear, the vast majority of multinational companies that were even just contemplating business with the Iranians have made clear, they are not interested at this stage. Mr. Emmer. Thank you. In an August report the research group C4ADS, using open-source information identified 125 North Korean restaurants in 14 countries, two-thirds of which are in China. Restaurants abroad have long been a source of hard currency for the regime, when can we expect appropriate designations by Treasury so that they are all put out of business? Mr. Billingslea. You are describing an issue of fundamental importance to me because what I did in the private sector before I came to the Treasury Department was I led the investigative arm of one of the big four that focused on using open-source information to reveal true beneficial ownership of entities. And I believe we can do a much better job in our government of using open-source information like you are laying out. That said, if we are going to hit the evidentiary standards necessary for a sanction, we are going to need multiple sources of information and press reporting alone is often insufficient. Mr. Emmer. But the question is when can we expect appropriate designations by Treasury or do I take by your answer that, that is in process because you have to figure out-- Mr. Billingslea. Right. Mr. Emmer. A source you are talking about it. Mr. Billingslea. Figure out and often we found, particularly in the restaurant front, that engaging diplomatically with the host country in question can get us where we need to go. We have done that in the case of a couple of NATO countries, where they were operating restaurants or hostels almost right out of the backyard of their embassies. Mr. Emmer. OK, last, I would like to go through a few quick yes-or-no questions with respect to North Korea sanctions, if you don't mind. First, have any of China's largest banks including ICBC, Bank of China, and others knowingly engaged in sanctionable activities? Mr. Billingslea. I don't think we have determined knowingly. Mr. Emmer. OK, have any of China's largest oil companies including China petroleum and chemical corporation, China National Petroleum Corporation, and China National Offshore Oil Corporation knowingly engaged in sanctionable activities? Mr. Billingslea. I don't think we have made that determination. Mr. Emmer. Have any large Russian banks knowingly engaged in sanctionable activities with respect to North Korea? Mr. Billingslea. Yes, and we sanctioned very recently the Agrosoyuz Bank for exactly this reason. Mr. Emmer. Have any of Russia's largest oil companies knowingly engaged in sanctionable activities? Mr. Billingslea. I don't think we have made that determination, we are looking at all these topics. Mr. Emmer. Last, the U.N. panel of experts recently concluded that several dozen foreign companies have been operating joint ventures in North Korea, which is prohibited under U.N. sanctions. Under the Otto Warmbier Sanctions bill which the House passed last October by a vote of 415 to 2, each of those companies and their foreign banks would be subject to U.S. sanctions. Do you support such a measure and if so when can we expect designations from Treasury? Mr. Billingslea. So joint ventures with the North Koreans are prohibited under the U.N. Security Council's resolutions and I have to say and I am going to echo Ambassador Haley here but Russian efforts to water down the panel of expert reports, it is egregious behavior and it is unacceptable. And we are determined to protect the integrity of that process so that the panel of experts can advise all of us on what they see in terms of potential sanctions evasion. Mr. Emmer. Any timing on the designation? Mr. Billingslea. I don't want to tip our hand but, I think, if you look at the pattern of actions we have been taking, it is almost been an action a week or thereabouts in recent months. Mr. Emmer. Thank you very much, my time has expired. Chairman Barr. Gentleman's time has expired, the Chair recognizes gentleman from Washington, Mr. Heck for another round. Mr. Heck. Thank you Mr. Chairman. Mr. Secretary, as you know, gas from state-owned enterprise in Russia is currently constructing a gas pipeline in the Baltic Sea from Russia to Germany. Consensus is that, that will weaken the economic energy security, I should say of Europe so given that those profits feed right back into both the military and the intelligence operations of Russia, presumably to undertake activities such as the interference in our 2016 elections and on an ongoing basis. Why haven't we targeted Nord Stream 2, which is the name of the pipeline for sanctioned consideration? Mr. Billingslea. We have made--you are focused on a major issue. We have made crystal clear to the Europeans and Germans, in particular that we view the Nord Stream 2 project as extremely ill-advised and we oppose it and that message has come from the President all the way down. But I myself have engaged, the Baltic nations are extremely concerned about Nord Stream 2, Poland is extremely concerned about Nord Stream 2, was just talking with the Polish government about this last week. Likewise, there's concern in Scandinavia, I have talked--I told Finland we regretted the decision to approve the permits there. Denmark has not yet approved the permitting process for a Nord Stream 2 and I am hopeful that that they would not on the very grounds that you have laid out. I think if Nord Stream 2 comes online, the Russians will use it, they will weaponize fuel in Europe, and they will ultimately choke off the Ukrainians, so this is a big, big issue for us. Now that said, in terms of the actual sanctions authorities that you put into law through CAATSA, those authorities were delegated to the Department of State and I would have to defer to them on that matter. Mr. Heck. I am exceedingly encouraged to hear the basic policy premise for your view of this proposed pipeline. Can I assume that you are speaking on behalf of the administration since you honor the President? Mr. Billingslea. Absolutely. Mr. Heck. And can I reasonably conclude that, that therefore is the perspective of the Department of State as well? Mr. Billingslea. This comes from the President himself, he has been clear that he is not happy with the Nord Stream 2 project. Mr. Heck. Well, we have sanctions that could be levied. Let me ask you and again, I am pleased to hear the position, would like to see some--some action to follow up. Is it too late to stop? Are we letting the cat out of the bag here? And I want to acknowledge, Mr. Secretary, it is complicated and it is big and we are talking about some kind of three-dimensional chess that would need to be played with traditional friends and allies. At least we used to think they were friends and allies, still do as a matter of fact, it just seems to me that time is not our friend and if we are serious in the way in which you describe the policy perspective and I will take your word, sir, then time is a-wasting. Mr. Billingslea. The challenge we face and again, I am not an expert, I am not a pipeline expert, I am not an energy expert. I am told that the Russians have alternative pathways for laying the pipelines that could go around the Danish waters, but I do think that a delay is on our side in the sense that we need to continue to push for other alternative energy independent sources for Europe. So that they are not held hostage to Russian natural gas. Mr. Heck. I am interpreting your answer to be that even if they have alternatives; if we were to, for example, sanction them and caused them to delay the current path, that would be a good thing. Mr. Billingslea. Again, on the matter of the sanction, I would--I really need the Department of State here with me but I would tell you that we need Europe to have non-Russian sources of energy, upon which they can rely. Mr. Heck. I couldn't agree more, it just seems to me that we can do something about it and we ought to. I yield back the balance of my time Mr. Chairman. Chairman Barr. Gentleman yields back and I will use one more round for myself if that is all right and I want to echo-- yes, I want to echo the sentiments expressed by my friend Mr. Heck, I share his concern and your concern and the administration's concern about the Nord Stream 2 and I think that sanctions, if there needs to be some collaboration with the State Department on this, I would urge the administration to sanction Nord Stream 2. And not just Nord Stream 2 but in our visits in a delegation to Vilnius and Lithuania, our allies in Lithuania expressed concern not only about Nord Stream 2 but the nuclear, the construction of a nuclear facility in Astravyets in Belarus, just 30 miles or so from Vilnius. And so if the strategic objective is energy independence for our Eastern European NATO allies, independence from Russian sources of energy, I think the menu should include Astravyets, Nord Stream 2, any other attempts by the Russians to create a dependency on the part of our Baltic friends or Eastern European allies to Russian sources of energy. I had a conversation with the Department of Energy also about using U.S. policy, not just on the sanctions side but also doing more in the way of exports of U.S. LNG and coal and other sources of energy that the Eastern Europeans would be willing to access in lieu of Russian sources of energy. So I want to work with you on that and again, give the administration bipartisan encouragement, as a member of the Baltic caucus, as someone who believes that this administration has been serious and is to be credited for countering Russian aggression. The Congress wants to work with this administration to ratchet up the pressure and help our NATO allies in that regard. Let me switch gears really quickly after that editorial comment to operational activities that OFAC and in your part of the Treasury Department. A 2015 audit report by the Treasury's Inspector General concluded, ``written standard operating procedures for many day-to-day functions of OFAC's sanctions programs have not been deployed or developed contrary to governmentwide internal control standards.'' Moreover, OFAC's resistance to documenting a set of standard operating procedures is contrary to governmentwide internal control standards and Treasury policy. It is hard to understand OFAC's position given the importance of its mission to U.S. foreign policy. The IG also noted that OFAC lacked a lessons learned process as a result, ``OFAC lacks a viable way of identifying strengths and weaknesses in the administration of sanctions programs and could miss valuable opportunities to improve its effectiveness and efficiency.'' Now, I understand we don't have an OFAC director as of now and these findings obviously, date from the previous administration, but can you help us understand how Treasury has been organizing the day-to-day workflow at OFAC and whether the IG's conclusions may still be relevant today and whether or not this administration has taken actions to remedy some of these deficiencies identified by the IG in 2015. Mr. Billingslea. Chairman, thank you for that. That does predate my time, I am happy that we do--the Under Secretary has appointed the new OFAC director and I think she just assumed office just very recently, couple of days ago. The--as far as what I see from my vantage point, OFAC has been, I think, highly successful at being able to handle a wide range of demands on them for the production of executive orders which was at the heart of the IG investigation and I have not seen them in my time suffering from any lack of standard operating procedures to generate those executive orders. And they are--of which there have been a multitude. I would want to take the rest of that back for action and get OFAC up here with you, to give you more details on how they have addressed the situation but from the policymaking standpoint, I have not--I have not seen an issue there. Chairman Barr. One final question on Iran and that is obviously, the second phase of Iranian position of sanctions is coming in November, we are interested in the kinds of incentives that are going to be built into the Treasury sanction policy and what behavioral change on the part of Iranians are you expecting? What does success look like? New talks, regime change, a cessation of the terrorists' activities, what is success with respect to a post-JCPOA policy? Mr. Billingslea. Sir, I want to be crystal clear, we are not pursuing regime change, what we want is an immediate end to the terrorism and the funding of terrorism, the support to the brutal Assad regime, the proliferation of missile technology to the Houthis who then launch attacks into Riyadh for instance. Ship attacks on shipping in the Gulf of Aden, that is got to stop. The effort to pursue ballistic missiles because again no nation has ever wanted ballistic missiles, that also hasn't wanted a nuclear warhead to go on, on the front end of that so the ballistic missile program needs to be terminated. And they need to return to the negotiating table to negotiate an agreement that is free from the deficiencies that were contained in the JCPOA. The Secretary of State has laid out in a speech, a few months ago, at a very detailed level, the actions that we expect the Iranians to undertake and until they agree to return to the negotiating table, they will face these economic consequences. Chairman Barr. I agree with all of those objectives and I would add another one and that is we need better verification in a future deal on the nuclear side. Access to international inspectors that includes military sites where nuclear--illicit nuclear activity is most likely to be taking place, that in my mind was a major deficiency of the JCPOA. Defenders of the JCPOA often talked about the denuclearization or the access to the inspectors but that was, in my mind, a major problem, so with respect to verification of ceasing nuclear activities, international inspectors need access, better access. With that, I think we have exhausted our time here today, we appreciate your time with us today Secretary Billingslea and we appreciate your testimony. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. [Whereupon, at 3:32 p.m., the subcommittee was adjourned.] A P P E N D I X September 26, 2018 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]