2019 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 66 - United States-Hong Kong Policy
Sec. 5701 - Findings and declarations

(1) The Congress recognizes that under the 1984 Sino-British Joint Declaration:

(2) The Congress declares its wish to see full implementation of the provisions of the Joint Declaration.

(3) The President has announced his support for the policies and decisions reflected in the Joint Declaration.

(4) Hong Kong plays an important role in today's regional and world economy. This role is reflected in strong economic, cultural, and other ties with the United States that give the United States a strong interest in the continued vitality, prosperity, and stability of Hong Kong.

(5) Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. This will remain equally true after June 30, 1997.

(6) The human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong. A fully successful transition in the exercise of sovereignty over Hong Kong must safeguard human rights in and of themselves. Human rights also serve as a basis for Hong Kong's continued economic prosperity.

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(2) Social credit system.—The term 'social credit system' means a system proposed by the Government of the People's Republic of China and scheduled for implementation by 2020, which would—

"(3) United states person.—The term 'United States person' means—

"(1) to reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992 (Public Law 102–383) [22 U.S.C. 5701 et seq.], namely that—

"(2) to support the high degree of autonomy and fundamental rights and freedoms of the people of Hong Kong, as enumerated by—

"(3) to support the democratic aspirations of the people of Hong Kong, including the 'ultimate aim' of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage, as articulated in the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (referred to in this Act as the 'Basic Law');

"(4) to urge the Government of the People's Republic of China to uphold its commitments to Hong Kong, including allowing the people of Hong Kong to govern Hong Kong with a high degree of autonomy and without undue interference, and ensuring that Hong Kong voters freely enjoy the right to elect the Chief Executive and all members of the Hong Kong Legislative Council by universal suffrage;

"(5) to support the establishment of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of open and direct democratic elections for all members of the Hong Kong Legislative Council;

"(6) to support the robust exercise by residents of Hong Kong of the rights to free speech, the press, and other fundamental freedoms, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights;

"(7) to support freedom from arbitrary or unlawful arrest, detention, or imprisonment for all Hong Kong residents, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights;

"(8) to draw international attention to any violations by the Government of the People's Republic of China of the fundamental rights of the people of Hong Kong, as provided by the International Covenant on Civil and Political Rights, and any encroachment upon the autonomy guaranteed to Hong Kong by the Basic Law and the Joint Declaration;

"(9) to protect United States citizens and long-term permanent residents living in Hong Kong, as well as people visiting and transiting through Hong Kong;

"(10) to maintain the economic and cultural ties that provide significant benefits to both the United States and Hong Kong; and

"(11) to coordinate with allies, including the United Kingdom, Australia, Canada, Japan, and the Republic of Korea, to promote democracy and human rights in Hong Kong.

"(1) an assessment of the nature and extent of violations of United States export control and sanctions laws occurring in Hong Kong;

"(2) to the extent possible, the identification of—

"(3) an assessment of whether sensitive dual-use items subject to the export control laws of the United States are being—

"(4) an assessment of the efforts by the Government of the People's Republic of China to use the status of Hong Kong as a separate customs territory to import items into the People's Republic of China from Hong Kong in violation of the export control laws of the United States, whether as part of the Greater Bay Area plan, through the assignment by Beijing of Hong Kong as a national technology and innovation center, or through other programs that may exploit Hong Kong as a conduit for controlled sensitive technology;

"(5) an assessment of whether the Government of Hong Kong has adequately enforced sanctions imposed by the United Nations;

"(6) a description of the types of goods and services transshipped or reexported through Hong Kong in violation of such sanctions to—

"(7) an assessment of whether shortcomings in the enforcement of export controls or sanctions by the Government of Hong Kong necessitates the assignment of additional Department of the Treasury, Department of Commerce, or Department of State personnel to the United States Consulate in Hong Kong.

"(1) the Committee on Foreign Relations of the Senate;

"(2) the Committee on Banking, Housing, and Urban Affairs of the Senate;

"(3) the Committee on Commerce, Science, and Transportation of the Senate;

"(4) the Committee on Foreign Affairs of the House of Representatives; and

"(5) the Committee on Energy and Commerce of the House of Representatives.

"(1) to safeguard United States citizens from extradition, rendition, or abduction to the People's Republic of China from Hong Kong for trial, detention, or any other purpose;

"(2) to safeguard United States businesses in Hong Kong from economic coercion and intellectual property theft;

"(3) pursuant to section 103(7) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage United States businesses 'to continue to operate in Hong Kong, in accordance with applicable United States and Hong Kong law'; and

"(4) pursuant to section 201(b) of such Act (22 U.S.C. 5721(b)), to evaluate, not less frequently than annually and as circumstances, dictate whether the Government of Hong Kong is 'legally competent to carry out its obligations' under treaties and international agreements established between the United States and Hong Kong.

"(1) contains a strategy for protecting United States citizens and businesses in Hong Kong;

"(2) assesses the potential risks of the legislation to United States citizens residing in, traveling to, or transiting through Hong Kong; and

"(3) determines whether—

"(1) In general.—The President shall submit a report to the appropriate congressional committees, in accordance with paragraph (2), that identifies each foreign person that the President determines is responsible for—

"(2) Timing of reports.—The President shall submit to the appropriate congressional committees—

"(3) Consideration of certain information.—In preparing the report required under paragraph (1), the President shall consider—

"(4) Form.—The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

"(1) Asset blocking.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person identified in the report required under subsection (a)(1) if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person.

"(2) Ineligibility for visas, admission, or parole.—

"(3) Penalties.—The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.

"(1) Exception for intelligence activities.—Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.

"(2) Exception to comply with international obligations and for law enforcement activities.—Sanctions under subsection (c)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—

"(3) Exception relating to importation of goods.—

"(1) information exists that the person did not engage in the activity for which sanctions were imposed;

"(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;

"(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a)(1) in the future; or

"(4) the termination of the sanctions is in the national security interests of the United States.

"(1) Admission; admitted; alien.—The terms 'admission', 'admitted', and 'alien' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

"(2) Foreign person.—The term 'foreign person' means a person that is not a United States person.

"(1) a list of each foreign person with respect to which the President imposed sanctions during the year preceding the submission of the report;

"(2) a description of the type of sanctions imposed with respect to each such person;

"(3) the number of foreign persons with respect to which the President terminated sanctions under section 7 during that year;

"(4) the dates on which such sanctions were imposed or terminated, as applicable;

"(5) the reasons for imposing or terminating such sanctions; and

"(6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized under section 7.