Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#1)
Senate Foreign Relations Committee
October 18, 2017

Question:
Ms. Newstead, are you aware of the following facts?:
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The Saudi-led coalition deliberately and precisely bombed the cranes at the port of
Hodeidah that were used to offload humanitarian supplies.
The Saudi-led coalition bombed a World Food Programme warehouse in Hodeidah.
Despite the establishment of the U.N. Verification and Inspection Mechanism for Yemen
(UNVIM) created to obviate the need for Saudi-led coalition inspections, the Saudi-led
coalition continues to delay shipments going into Hodeidah for days. The United Nations
Office for Project Services (UNOPS) can provide monthly data confirming this fact.
In January, when the World Food Programme tried to deliver the four USAID-funded
cranes to Hodeidah to offload humanitarian supplies to replace the capacity destroyed by
the Saudi-led coalition, the Saudi's would not permit the replacement cranes to be
delivered, literally forcing the vessel carrying the cranes to turn around.
The Saudi-led coalition has diverted, on several occasions, vessels to ports they or their
allies’ control, more concerned about who control the port than which Yemenis most
need the aid.
On June 27, the World Food Programme asked the Saudis again for permission to deliver
the four cranes. The Saudis continue to be unresponsive on the cranes.
When asked why they won’t permit the delivery of the cranes, Saudi officials consistently
cite the fact that the Houthis control the port as a leading excuse.

Answer:
I have reviewed the factual statements set forth above. Although as a nominee, I have not
had the opportunity to consult with experts on the facts of this situation within the Department, I
appreciate your raising these specific concerns and have read reports that reflect concerns about
the grave humanitarian situation in Yemen. I agree that this situation warrants a strong response
by the United States, including a focus on concrete actions which can be taken to alleviate the
suffering.

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 I understand that the Department is committed to helping alleviate these conditions and to
reaching a political resolution between the parties. Secretary Tillerson stated on October 22
during his joint press conference with Saudi FM al-Jubeir in Riyadh that he had discussed the
Yemen conflict with Saudi counterparts during his meetings in Riyadh. I understand the
Department continues to actively work on this issue, and will also be providing its official views
on the factual and legal issues raised by your question in a letter to be conveyed separately
alongside these QFR responses. I also understand that the Department also stands ready to brief
you further on the issues you raise in this question.
If confirmed, I will work with my colleagues to ensure that we are considering all
available tools to support policies to help improve the situation in Yemen. I commit to consulting
with the Department’s experts to ensure that I and my legal team can, based on a complete
understanding of the available facts, provide legal advice to policymakers concerning courses of
action to alleviate the humanitarian situation in Yemen, including on the question of whether
activities by the Saudi-led Coalition are inconsistent with any provision of applicable domestic
or international law. As I mentioned during the hearing, I would also welcome the opportunity
to engage with interested Members of this Committee and staff to discuss these issues, mindful
of my professional responsibilities regarding legal advice to the Secretary of State.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#2)
Senate Foreign Relations Committee
October 18, 2017

Question:
On October 19, the Acting Director of USAID’s Office of Food For Peace, Mr. Matthew Nims,
testified that the Saudi-led coalition is using food as a weapon of war in Yemen. Please review
the transcript of my exchange with Mr. Nims on October 19 and provide your response.
Answer:
I have reviewed the transcript of your exchange with Mr. Matthew Nims. Although I
have not had an opportunity to consult with the experts at the State Department about these
issues, I share your concerns about the grave humanitarian situation in Yemen, and I appreciate
how important the port of Hudaydah is to mitigating that situation. I understand the Department
is committed to helping alleviate the humanitarian situation in Yemen as well. If confirmed, I
will work with my colleagues to ensure that we are considering all available tools to support
policies to help improve this situation.
If confirmed, I commit to consulting with experts in the Department of State and other
departments and agencies in order to ensure that I and my legal team can, based on a complete
understanding of the available facts, provide legal advice to policymakers concerning courses of
action to alleviate the situation in Yemen, including on the question of whether activities by the
Saudi-led Coalition are inconsistent with any provision of applicable domestic or international
law. I believe that it is critically important to promote compliance with the law of armed conflict
by members of the Saudi-led coalition and by all of our partners, and if confirmed I will be a
strong advocate for this view within the Department and with colleagues in other agencies.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#3)
Senate Foreign Relations Committee
October 18, 2017

Question:
Section 620-i of the Foreign Assistance Act (22 U.S. Code § 2378–1(a)) states the following:
“No assistance shall be furnished under this chapter or the Arms Export Control Act [22 U.S.C.
2751 et seq.] to any country when it is made known to the President that the government of such
country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United
States humanitarian assistance.” If the facts above are correct, would it be your professional,
personal, and legal judgment that Saudi Arabia has “prohibit[ed] or otherwise restrict[ed],
directly or indirectly, the transport or delivery of United States humanitarian assistance”?
Please provide a detailed justification for your answer.
Answer:
As noted in my answer to the previous questions, I am very concerned about the grave
humanitarian situation in Yemen. I share your concern that this situation warrants a strong
response by the United States, including a focus on concrete actions which can be taken to
alleviate the suffering.
As your question indicates, the ultimate determination whether this provision of the
Foreign Assistance Act has been triggered is a highly fact-specific inquiry. As a nominee I have
not had the opportunity to consider the full range of classified and unclassified information
available to the Department on this issue, or to consider how the Department has previously
interpreted and applied Section 620I. Based only on the facts listed above, which include
descriptions of actions which have to date prevented delivery of the four replacement cranes to
Hudaydah, and the plain language of the provision, it is my judgment that there is a substantial
question whether the responsible parties have “prohibited” or “restricted” the delivery of United
States humanitarian assistance under the statute. If confirmed as Legal Adviser, I would want to

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 consider additional information before reaching a final legal view and providing advice to
policymakers on this issue. Relevant considerations could include, among other things, whether
legitimate concerns exist regarding the control of the Hudaydah port by the Houthis and related
security risks, or risks that delivery of aid through the port would be compromised. It would also
be relevant in my view to consider the broader circumstances involving the provision of U.S.
foreign assistance to Yemen, such as whether the act of preventing delivery of the cranes has
effectively prevented the delivery of all U.S. foreign assistance to address the crisis, or whether
other means of delivering such aid are operating; and the role of the Saudi government in such
efforts.
Finally, I would wish to consider the reasoning of any prior interpretations by the Office
of the Legal Adviser on the application of Section 620I, to ensure that any conclusions reached
by the Office on the application of the statute in this circumstance is consistent with the
interpretations that the Office has provided to the provision over time. This is particularly
relevant here because, based on my limited research to date, there do not appear to be prior
judicial decisions providing guidance on the interpretation or application of Section 6201.
If confirmed, I would make it a priority to study this issue in greater depth. I would
consult with relevant U.S. Government and non-governmental experts in order to provide legal
guidance to State Department decision-makers on the legal standard under section 620I of the
Foreign Assistance Act of 1961 (FAA) as they continue, in this context, to assess the application
of that standard to the facts before them.

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 As I mentioned during the hearing, I would also welcome the opportunity to engage with
interested Members of this Committee and staff to discuss these issues, mindful of my
professional responsibilities regarding legal advice to the Secretary of State.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#4)
Senate Foreign Relations Committee
October 18, 2017

Question:
If Saudi Arabia has restricted directly or indirectly the transport or delivery of U.S. assistance, do
you believe this statute would require—absent a Presidential determination that an exception is
the national security interest of the United States—that no U.S. assistance shall be furnished
under this chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] to Saudi Arabia?
Answer:
Section 620I prohibits provision of assistance under the FAA or the Arms Export Control
Act (AECA) to a country when it is made known to the President (or the Secretary, under
delegated authority) that the government of such country prohibits or otherwise restricts, directly
or indirectly, the transport or delivery of U.S. humanitarian assistance. If Saudi Arabia has
directly or indirectly restricted the transport or delivery of U.S. humanitarian assistance, absent a
determination under the statute, then U.S. assistance under the Foreign Assistance Act or the
Arms Export Control Act would be restricted under this provision. As you have noted, the
provision includes a waiver authority by which assistance may be provided to the country under
such circumstances if there is a determination that to do so is in the national interest, and that
determination is notified to the appropriate Congressional committees.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#5)
Senate Foreign Relations Committee
October 18, 2017
Question:
If confirmed, do you commit to ensuring within 30 days that your office provides a
determination to the Secretary of State whether Saudi Arabia has prohibited or otherwise
restricted, directly or indirectly, the transport or delivery of United States humanitarian
assistance to Yemen?
Answer:
Yes, if confirmed, I commit to working with the staff of the Office of the Legal Adviser
and consulting with relevant experts across the Department and the U.S. Government, in order to
provide views to the Secretary of State or other decision makers within the Department on that
question within 30 days.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#6)
Senate Foreign Relations Committee
October 18, 2017
Question:
If confirmed, do you commit to doing all that you can within 45 days to encourage the
Department of State to provide its determination to the President and the Senate Committee on
Foreign Relations—consistent with 22 U.S. Code § 2378–1—whether Saudi Arabia has
prohibited or otherwise restricted, directly or indirectly, the transport or delivery of United States
humanitarian assistance in Yemen?
Answer:
Yes, if confirmed, I commit to working with the staff of the Office of the Legal Adviser
and decision makers within the Department to encourage the Department to convey its official
views on this question to the Committee within 45 days.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#7)
Senate Foreign Relations Committee
October 18, 2017
Question:
If Saudi Arabia has not allowed or facilitated the rapid and unimpeded passage of humanitarian
relief for civilians through the port of Hodeidah due to the fact that they or their allies do not
control the port, do you believe that would be a violation of, or be inconsistent with, Rule 55 of
Customary International Humanitarian Law?
Answer:
It is critically important in my view to promote compliance with the law of armed
conflict by members of the Saudi-led coalition and by all of our partners. If confirmed, I will be
a strong proponent of this view within the Department and with colleagues in other departments
and agencies, as well as an advocate for the rule of law and respect for international law.
The starting point for my analysis in response to this question would be to consider the status of
the Rule 55 of the International Committee of the Red Cross’s (ICRC) Study on Customary
International Law as a source of authority under international law. Although, as a nominee, I
have not had the opportunity to consult with the Department on this important legal issue, I am
aware that the Department of State, through its former Legal Adviser, John Bellinger, and the
Department of Defense, through its prior General Counsel, William J. Haynes, have in the past
raised concerns about the substance and underlying methodology of this study, which were
initially set forth in a 2006 letter to the ICRC on this topic.
If confirmed, I would make it a priority to engage with my colleagues in the Office of the
Legal Adviser on these important issues. As I mentioned during the hearing I would also
welcome the opportunity to engage with interested Members of this Committee and staff to

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 discuss these issues, mindful of my professional responsibilities regarding legal advice to the
Secretary of State.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#8)
Senate Foreign Relations Committee
October 18, 2017
Question:
Article 14 of the Additional Protocol Two of the Geneva Conventions says the following:
“Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack,
destroy, remove or render useless, for that purpose, objects indispensable to the survival of the
civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops,
livestock, drinking water installations and supplies and irrigation works.” If Saudi Arabia has
attacked, destroyed, removed, or rendered useless objects indispensable to the survival of the
civilian population, including objects to help prevent starvation, would that represent a violation
of Article 14 by Saudi Arabia?
Answer:
As mentioned in my answer to your previous question, I believe that it is critically
important to promote compliance with the law of armed conflict by members of the Saudi-led
coalition and by all of our partners, and if confirmed I will be a strong proponent of this view
within the Department and with colleagues in other departments and agencies, as well as an
advocate for the rule of law and respect for international law.
If confirmed, I commit to working with experts in the Department of State and other
Departments in order to assess relevant facts and law and provide legal guidance to U.S.
Government officials on issues related to the ongoing conflict in Yemen, including the possible
application of Article 14 of Additional Protocol II to the Saudi-led coalition’s actions. In the
situation posed by your question, I would generally agree that if Saudi Arabia or any other state
which is a party to Articles 14 of Additional Protocol II has taken actions in an armed conflict to
which its Additional Protocol II obligations apply, to “destroy, remove or render useless for that
purpose [i.e., for the purpose of starvation of civilians] objects indispensable to the survival of
the civilian population,” that state would be in violation of its obligations under that provision.
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 In order to reach a legal conclusion whether any violation of these principles has occurred in
relation to the situation in Yemen, I would, if confirmed, undertake a thorough legal analysis
with benefit of the full information available to the Department and the opportunity to consult
with my colleagues in the Department on these issues. If confirmed, I would also welcome the
opportunity to engage with you and interested Members of this Committee and staff to discuss
these issues, mindful of my professional responsibilities regarding legal advice to the Secretary
of State.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#9)
Senate Foreign Relations Committee
October 18, 2017
Question:
In a September 26, 2017, hearing, I asked Ms. Kaidanow whether she was willing to foreclose
the possibility that Saudi Arabia has committed human rights violations in Yemen. She
responded, “No, in fact, I think the Saudis themselves have -- have indicated that in the past, that
they have done some things that they find problematic, and that they are trying to address some
of those issues.” If Saudi Arabia has engaged “in a consistent pattern of gross violations of
internationally recognized human rights”, what prohibitions would be applied with respect to
U.S. assistance to Saudi Arabia under 22 U.S.C. 2304?
Answer:
I understand that Section 502B of the FAA (22 U.S.C. 2304) restricts security assistance,
as defined in subsection (d)(2) for purposes of that provision, to any country the government of
which engages in a consistent pattern of gross violations of internationally recognized human
rights. If Saudi Arabia or any other country has engaged in conduct within the terms of that
statute, security assistance to that country would be restricted by the statute.
As I mentioned during my hearing last week, the Office of the Legal Adviser plays a
unique role supporting the Department’s mission to promote our values, the rule of law, and
respect for human rights and democracy around the world. In my view it is critically important
to promote compliance with the law of armed conflict by members of the Saudi-led coalition and
by all of our partners, and if confirmed I will be a strong proponent of this view within the
Department and with colleagues in other departments and agencies, as well as an advocate for
the rule of law and respect for international law.

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 If confirmed, as I mentioned during the hearing I would also welcome the opportunity to engage
with you and interested Members of this Committee and staff to discuss these issues, mindful of
my professional responsibilities regarding legal advice to the Secretary of State.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#10)
Senate Foreign Relations Committee
October 18, 2017
Question:
If confirmed, do you commit to ensuring within 30 days that your office provides a
determination to the Secretary of State whether Saudi Arabia has engaged “in a consistent pattern
of gross violations of internationally recognized human rights” and whether the provisions under
22 U.S.C. 2304 have been triggered?
Answer:

Yes, if confirmed, I commit to working with the staff of the Office of the Legal Adviser
and consulting with relevant experts across the Department and the U.S. Government in order to
provide views to the Secretary of State or other decision makers within the Department on these
questions within 30 days.
As I mentioned during my hearing last week, the Office of the Legal Adviser plays a
unique role supporting the Department’s mission to promote our values, the rule of law, and
respect for human rights and democracy around the world. In my view it is critically important
to promote compliance with the law of armed conflict by members of the Saudi-led coalition and
by all of our partners, and if confirmed I will be a strong proponent of this view within the
Department and with colleagues in other departments and agencies, as well as an advocate for
the rule of law and respect for international law.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#11)
Senate Foreign Relations Committee
October 18, 2017
Question:
If confirmed, do you commit to doing all that you can within 45 days to encourage the
Department of State to provide this 22 U.S.C. 2304 determination with respect to Saudi Arabia’s
actions in Yemen to the Senate Committee on Foreign Relations?
Answer:
Yes, if confirmed, I commit to working with the staff of the Office of the Legal Adviser
and decision makers within the Department to encourage the Department to convey its official
views on this question to the Committee within 45 days.
As I mentioned during my hearing last week, the Office of the Legal Adviser plays a
unique role supporting the Department’s mission to promote our values, the rule of law, and
respect for human rights and democracy around the world. In my view it is critically important
to promote compliance with the law of armed conflict by members of the Saudi-led coalition and
by all of our partners, and if confirmed I will be a strong proponent of this view within the
Department and with colleagues in other departments and agencies, as well as an advocate for
the rule of law and respect for international law.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#12)
Senate Foreign Relations Committee
October 18, 2017
Question:
If confirmed, do you commit to ensuring your office within 45 days examines whether Saudi
Arabia has committed potential violations in Yemen of any end-use agreements concerning the
use of U.S. origin military equipment provided to Saudi Arabia pursuant to the Arms Export
Control Act?
Answer:
Yes, if confirmed, I commit to working with the staff of the Office of the Legal Adviser
and experts in the Department of State and other Departments to examine both the law and facts
relevant to end-use agreements concerning use of U.S. origin military equipment provided to
Saudi Arabia pursuant to the Arms Export Control Act in relation to the situation in Yemen
within 45 days.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#13)
Senate Foreign Relations Committee
October 18, 2017
Question:
If violations are found, do you commit to doing all you can to encourage the Department of State
to ensure the Senate Foreign Relations Committee is notified promptly in writing regarding those
violations?
Answer:
If confirmed, I commit to working with experts in the Department of State and other
Departments in order to provide legal advice on issues related to compliance with end-use
agreements concerning use of U.S. origin military equipment provided to Saudi Arabia pursuant
to the Arms Export Control Act and to do all I can to encourage the Department to provide
appropriate information to the Committee, including in accordance with provisions regarding
reporting to Congress under section 3 of the Arms Export Control Act.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#14)
Senate Foreign Relations Committee
October 18, 2017
Question:
How do you define the term "assistance" in 22 U.S.C. 2378-1 and does the definition for
“security assistance” as defined in 22 U.S.C. 2304 apply to “assistance” in Section 2378-1?
Answer:
I understand that the term “assistance” is not defined in section 620I of the FAA (22
U.S.C. 2378-1), although, as I mentioned at my hearing, that term is susceptible to a broad
reading. I have not had the benefit of consultations with the Department to understand how this
term has been interpreted and applied over time. In contrast, by its terms, section 502B(d)
defines “security assistance” only for purposes of section 502B.
If confirmed, I would make it a priority to study this issue further in order to provide
legal guidance to State Department decision-makers on these issues. As I mentioned during my
hearing, I would also welcome the opportunity to engage with interested Members of this
Committee and staff to discuss these issues, mindful of my professional responsibilities
regarding legal advice to the Secretary of State.

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 Questions for the Record Submitted to
Legal Adviser Nominee Jennifer Newstead by
Senator Todd Young (#15)
Senate Foreign Relations Committee
October 18, 2017
Question:
If confirmed, do you commit to maintaining an open and regular line of communication with me
and my office and doing all you can to ensure the Department of State provides timely and
responsive answers to my office on questions related to your responsibilities? If there is a good
faith delay in responding, do you commit to keeping my office updated?
Answer:
If confirmed, I can assure you that, working with my colleagues in the Office of the Legal
Adviser and other colleagues at the Department of State, I would strive to ensure that the
Department provides timely and responsive answers to questions raised by you or your staff
related to my responsibilities, mindful of my professional responsibilities regarding legal advice
to the Secretary of State. I also commit to working with my colleagues at the Department to
ensure that your office is kept updated on the status of any outstanding questions from you or
your staff. I thank you for your attention to matters of enormous importance to the Department
and to the U.S. Government as a whole, and I will welcome the opportunity to consult on these
matters with you if I am confirmed.

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