【縛雞之見】
As we said before that the territory and the people are different aspects of an identical issue. They cannot manage separately. London intends to expand and extents the rights of the Hongkongers who hold the British Overseas Nationals Passports.
June 25, 2020, the U.S. Senate passed the Hong Kong Autonomy Act, which
mainly protects the foreign people in Hong Kong from the erosion from Beijing.
On the contrary, Beijing, with its communist revolutionary nature, does not
recognize any of the legal bindings. It
respects the physical power only: I do whatever I can if it is under my
control.
It is something extraordinary: a mega country China means to overturn the
international order, leaving a mess to everyone. How will the western block do?
以前我們說過,領土與人民,是一組的概念,不能分拆處理。
庚子年端午節(20200625),美國參議院通過香港自治法(Hong Kong
Autonomy Act),主要是避免中國毀約侵犯到在香港外(美)國人的權利。
法案,細數中國的法律義務,但中國認為肉已入口,豈有退還之理?
我猜,這一招北京沒有想到。但在倫敦要給香港人延長居留與居留權時,就已經展開法律的攻防。
繼續看,世界如何看待或處理:超級大國違反國際秩序的的革命現象?
116th CONGRESS
2d Session
S. 3798
To impose sanctions with respect to foreign persons involved in the erosion of certain obligations of China with respect to Hong Kong, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 21, 2020
Mr. Toomey (for himself, Mr. Van Hollen, Mr. Tillis, and Mr. Blumenthal) introduced
the following bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
A BILL
To impose sanctions with respect to foreign persons involved in the erosion
of certain obligations of China with respect to Hong Kong, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.—This Act may be cited as the “Hong Kong Autonomy Act”.
(b) Table Of Contents.—The table of contents for this Act is as follows:
Sec.
1. Short title; table of contents.
Sec.
2. Definitions.
Sec.
3. Findings.
Sec.
4. Sense of Congress regarding Hong Kong.
Sec.
5. Identification of foreign persons involved in the erosion of the obligations
of China under the Joint Declaration or the Basic Law and foreign financial institutions
that conduct significant transactions with those persons.
Sec.
6. Sanctions with respect to foreign persons that contravene the obligations of
China under the Joint Declaration or the Basic Law.
Sec.
7. Sanctions with respect to foreign financial institutions that do business with
foreign persons that contravene the obligations of China under the Joint Declaration
or the Basic Law.
Sec.
8. Waiver, termination, and congressional review process.
Sec.
9. Rule of construction.
SEC. 2. DEFINITIONS.
In this Act:
(1) ALIEN; NATIONAL; NATIONAL OF THE UNITED STATES.—The terms “alien”, “national”,
and “national of the United States” have the meanings given those terms in section 101 of the Immigration and Nationality Act
(8
U.S.C. 1101).
(2) APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP.—The term “appropriate
congressional committees and leadership” means—
(A) the Committee on Armed Services, the Committee on Banking, Housing, and
Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security
and Governmental Affairs, the Committee on the Judiciary, the Select Committee on
Intelligence, and the majority leader and the minority leader of the Senate; and
(B) the Committee on Armed Services, the Committee on Financial Services,
the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee
on the Judiciary, the Permanent Select Committee on Intelligence, and the Speaker
and the minority leader of the House of Representatives.
(3) BASIC LAW.—The term “Basic Law” means the Basic Law of the Hong Kong Special
Administrative Region of the People's Republic of China.
(4) CHINA.—The term “China” means the
People's Republic of China.
(5) ENTITY.—The term “entity” means a partnership, joint venture, association,
corporation, organization, network, group, or subgroup, or any other form of business collaboration.
(6) FINANCIAL INSTITUTION.—The term “financial institution” means a financial
institution specified in section 5312(a)(2) of title 31, United States Code.
(7) FOREIGN FINANCIAL INSTITUTION.—
(A) IN GENERAL.—Except as provided in subparagraph (B), the term “foreign
financial institution” means any foreign entity that is engaged in the business
of accepting deposits, making, granting, transferring, holding, or brokering loans
or credits, or purchasing or selling foreign exchange, securities, commodity futures
or options, or procuring purchasers and sellers thereof, as principal or agent,
including—
(i) a depository institution;
(ii) a bank;
(iii) a savings bank;
(iv) a money service business;
(v) a trust company;
(vi) a securities broker or dealer;
(vii) a commodity futures and options broker or dealer;
(viii) a forward contract or foreign exchange merchant;
(ix) a securities or commodities exchange;
(x) a clearing corporation;
(xi) an investment company;
(xii) an employee benefit plan;
(xiii) a dealer in precious metals, stones, or jewels; and
(xiv) any holding company, affiliate, or subsidiary of an entity specified
in any of clauses (i) through (xiii).
(B) EXCEPTIONS.—The term “foreign financial institution” does not include—
(i) an international financial institution, as defined in section 1701(c)
of the International Financial Institutions Act (22
U.S.C. 262r(c));
(ii) the International Fund for Agricultural Development;
(iii) the North American Development Bank; or
(iv) any other international financial institution specified by the Office
of Foreign Assets Control of the Department of the Treasury.
(8) FOREIGN PERSON.—The term “foreign person”—
(A) means—
(i) any citizen or national of a foreign
country; or
(ii) any entity not organized under
the laws of the United States or a
jurisdiction within the United States; and
(B) does not include the government of a foreign country.
(9) HONG KONG.—The term “Hong Kong” means the Hong Kong Special Administrative
Region of the People's Republic of China.
(10) JOINT DECLARATION.—The term “Joint Declaration” means the Joint Declaration
of the Government of the United Kingdom of Great Britain and Northern Ireland and
the Government of the People's Republic of China on the Question of Hong Kong, done
at Beijing on December 19, 1984.
(11) KNOWINGLY.—The term “knowingly”, with respect to conduct, a circumstance,
or a result, means that a person has actual knowledge, or should have known, of
the conduct, the circumstance, or the result.
(12) PERSON.—The term “person” means an individual or entity.
(13) SIGNIFICANT TRANSACTION.—The term “significant transaction” means
a transaction determined by the Secretary of the Treasury to be significant on the
basis of the following factors—
(A) the size, number, and frequency of the transaction;
(B) the nature of the transaction;
(C) whether the transaction is part of a pattern of conduct;
(D) the nexus between the transaction and a person subject to sanctions under
this Act; and
(E) the impact of the transaction on the objectives of this Act.
(14) UNITED STATES PERSON.—The term “United States person” means—
(A) any citizen or national of the United
States;
(B) any alien lawfully admitted for permanent
residence in the United States;
(C) any entity organized under the laws of
the United States or any jurisdiction within the United States (including
a foreign branch of such an entity); or
(D) any person located in the United States.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The Joint Declaration and the Basic Law clarify certain obligations and
promises that the Government of China has made with respect to the future of Hong
Kong.
(2) The obligations of the Government of
China under the Joint Declaration were codified in a legally-binding treaty, signed by the Government of
the United Kingdom of Great Britain and Northern Ireland and registered with the
United Nations.
(3) The obligations of the Government of
China under the Basic Law originate from the Joint Declaration, were passed
into the domestic law of China by the National People’s Congress, and are widely
considered by citizens of Hong Kong as part of the de facto legal constitution of
Hong Kong.
(4) Foremost among the obligations of the Government of China to Hong Kong
is the promise that, pursuant to Paragraph 3b of the Joint Declaration, “the Hong
Kong Special Administrative Region will enjoy a
high degree of autonomy, except in foreign
and defence affairs which are the responsibilities of the Central People's
Government”.
(5) The obligation specified in Paragraph 3b of the Joint Declaration is referenced,
reinforced, and extrapolated on in several portions of the Basic Law, including
Articles 2, 12, 13, 14, and 22.
(6) Article 22 of the Basic Law establishes that “No department of the Central
People’s Government and no province, autonomous region, or municipality directly
under the Central Government may interfere in the affairs which the Hong Kong Special
Administrative Region administers on its own in accordance with this Law.”.
(7) The Joint Declaration and the Basic Law make clear that additional obligations
shall be undertaken by China to ensure the “high degree of autonomy” of Hong Kong.
(8) Paragraph 3c of the Joint Declaration states, as reinforced by Articles
2, 16, 17, 18, 19, and 22 of the Basic Law, that Hong
Kong “will be vested with executive, legislative and independent judicial power,
including that of final adjudication”.
(9) On multiple occasions, the Government of China has undertaken actions
that have contravened the letter or intent of the obligation described in paragraph
(8) of this section, including the following:
(A) In 1999, the Standing Committee of the National People's Congress overruled
a decision by the Hong Kong Court of Final Appeal on the right of abode.
(B) On multiple occasions, the Government of Hong Kong, at the advice of the
Government of China, is suspected to have not allowed persons entry into Hong Kong
allegedly because of their support for democracy and human rights in Hong Kong and
China.
(C) The Liaison Office of China in Hong Kong has, despite restrictions on
interference in the affairs of Hong Kong as detailed in Article 22 of the Basic
Law—
(i) openly expressed support for candidates in Hong Kong for Chief Executive
and Legislative Council;
(ii) expressed views on various policies for the Government of Hong Kong and
other internal matters relating to Hong Kong; and
(iii) on April 17, 2020, asserted that both the Liaison Office of China in
Hong Kong and the Hong Kong and Macau Affairs Office of the State Council “have
the right to exercise supervision … on affairs regarding Hong Kong and the mainland,
in order to ensure correct implementation of the Basic Law”.
(D) The National People’s Congress has passed laws requiring Hong Kong to
pass laws banning disrespectful treatment of the national flag and national anthem
of China.
(E) The State Council of China released a white paper on June 10, 2014, that
stressed the “comprehensive jurisdiction”
of the Government of China over Hong Kong and indicated that Hong Kong must be governed by “patriots”.
(F) The Government of China has directed operatives to kidnap and bring to
the mainland, or is otherwise responsible for the kidnapping of, residents of Hong
Kong, including businessman Xiao Jianhua and bookseller Gui Minhai.
(G) The Government of Hong Kong, acting with the support of the Government
of China, introduced an extradition bill that would have permitted the Government
of China to request and enforce extradition requests for any individual present
in Hong Kong, regardless of the legality of the request or the degree to which it
compromised the judicial independence of Hong Kong.
(H) The spokesman for the Standing Committee of the National People's Congress
said, “Whether Hong Kong’s laws are consistent with the Basic Law can only be judged
and decided by the National People’s Congress Standing Committee. No other authority
has the right to make judgments and decisions.”.
(10) Paragraph 3e of the Joint Declaration states, as reinforced by Article
5 of the Basic Law, that the “current social and economic systems in Hong Kong will
remain unchanged, as so will the life-style.”.
(11) On multiple occasions, the Government of China has undertaken actions
that have contravened the letter or intent of the obligation described in paragraph
(10) of this section, including the following:
(A) In 2002, the Government of China pressured the Government of Hong Kong
to introduce “patriotic” curriculum in primary and secondary schools.
(B) The governments of China and Hong Kong proposed the prohibition of discussion
of Hong Kong independence and self-determination in primary and secondary schools,
which infringes on freedom of speech.
(C) The Government of Hong Kong mandated that Mandarin, and not the native
language of Cantonese, be the language of instruction in Hong Kong schools.
(D) The governments of China and Hong Kong agreed to a daily quota of mainland
immigrants to Hong Kong, which is widely believed by citizens of Hong Kong to be
part of an effort to “mainlandize” Hong Kong.
(12) Paragraph 3e of the Joint Declaration states, as reinforced by Articles
4, 26, 27, 28, 29, 30, 31, 32 33, 34, and 39 of the Basic Law, that the “rights
and freedoms, including those of person, of speech, of the press, of assembly, of
association, of travel, of movement, of correspondence, of strike, of choice of
occupation, of academic research and of religious belief will be ensured by law”
in Hong Kong.
(13) On multiple occasions, the Government of China has undertaken actions
that have contravened the letter or intent of the obligation described in paragraph
(12) of this section, including the following:
(A) On February 26, 2003, the Government of Hong Kong introduced a national
security bill that would have placed restrictions on freedom of speech and other
protected rights.
(B) The Liaison Office of China in Hong Kong has pressured businesses in Hong
Kong not to advertise in newspapers and magazines critical of the governments of
China and Hong Kong.
(C) The Hong Kong Police Force selectively blocked demonstrations and protests
expressing opposition to the governments of China and Hong Kong or the policies
of those governments.
(D) The Government of Hong Kong refused to renew work visa for a foreign journalist,
allegedly for hosting a speaker from the banned Hong Kong National Party.
(E) The Justice Department of Hong Kong selectively prosecuted cases against
leaders of the Umbrella Movement, while failing to prosecute police officers accused
of using excessive force during the protests in 2014.
(F) On April 18, 2020, the Hong Kong Police Force arrested 14 high-profile
democracy activists and campaigners for their role in organizing a protest march
that took place on August 18, 2019, in which almost 2,000,000 people rallied against
a proposed extradition bill.
(14) Articles 45 and 68 of the Basic Law assert that the selection of Chief
Executive and all members of the Legislative Council of Hong Kong should be by “universal
suffrage.”.
(15) On multiple occasions, the Government of China has undertaken actions
that have contravened the letter or intent of the obligation described in paragraph
(14) of this section, including the following:
(A) In 2004, the National People’s Congress created new, antidemocratic procedures
restricting the adoption of universal suffrage for the election of the Chief Executive
of Hong Kong.
(B) The decision by the National People’s Congress on December 29, 2007, which
ruled out universal suffrage in 2012 elections and set restrictions on when and
if universal suffrage will be implemented.
(C) The decision by the National People’s Congress on August 31, 2014, which
placed limits on the nomination process for the Chief Executive of Hong Kong as
a condition for adoption of universal suffrage.
(D) On November 7, 2016, the National People’s Congress interpreted Article
104 of the Basic Law in such a way to disqualify 6 elected members of the Legislative
Council.
(E) In 2018, the Government of Hong Kong banned the Hong Kong National Party
and blocked the candidacy of pro-democracy candidates.
(16) The ways in which the Government of China, at times with the support
of a subservient Government of Hong Kong, has acted in contravention of its obligations
under the Joint Declaration and the Basic Law, as set forth in this section, are
deeply concerning to the people of Hong Kong, the United States, and members of
the international community who support the autonomy of Hong Kong.
SEC. 4. SENSE
OF CONGRESS REGARDING HONG KONG.
It is the sense of Congress that—
(1) the United States continues to uphold the
principles and policy established in the United
States-Hong Kong Policy Act of 1992 (22
U.S.C. 5701 et seq.) and the Hong Kong Human Rights
and Democracy Act of 2019 (Public
Law 116–76; 22
U.S.C. 5701 note), which remain consistent with China’s obligations under the
Joint Declaration and certain promulgated objectives under the Basic Law, including
that—
(A) as set forth in section 101(1) of the United States-Hong Kong Policy Act
of 1992 (22
U.S.C. 5711(1)), “The United States should play an
active role, before, on, and after July 1, 1997, in maintaining Hong
Kong's confidence and prosperity, Hong Kong's
role as an international financial center, and the mutually beneficial ties between
the people of the United States and the people of Hong Kong.”; and
(B) as set forth in section 2(5) of the United States-Hong Kong Policy Act
of 1992 (22
U.S.C. 5701(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.”;
(2) although the United States recognizes
that, under the Joint Declaration, the Government of China “resumed the exercise
of sovereignty over Hong Kong with effect on 1 July 1997”, the United States supports the autonomy of Hong Kong in furtherance of
the United States-Hong Kong Policy Act of 1992 and the Hong Kong Human Rights and
Democracy Act of 2019 and advances the desire of the people of Hong Kong to continue
the “one country, two systems” regime, in addition to other obligations promulgated
by China under the Joint Declaration and the Basic Law;
(3) in order to support the benefits and protections that Hong Kong has been
afforded by the Government of China under the Joint Declaration and the Basic Law,
the United States should establish a clear and unambiguous
set of penalties with respect to foreign persons determined by the Secretary
of State to be involved in the contravention of the obligations of China under the
Joint Declaration and the Basic Law and the financial institutions transacting
with those foreign persons;
(4) the Secretary of State should provide an unclassified
assessment of the reason for imposition of certain economic penalties on entities,
so as to permit a clear path for the removal of economic penalties if the sanctioned
behavior is reversed and verified by the Secretary of State;
(5) relevant Federal agencies should establish a multilateral sanctions regime
with respect to foreign persons involved in the contravention of the obligations
of China under the Joint Declaration and the Basic Law; and
(6) in addition to the penalties on foreign persons, and financial institutions
transacting with those foreign persons, for the contravention of the obligations
of China under the Joint Declaration and the Basic Law, the United States should
take steps, in a time of crisis, to assist permanent residents of Hong Kong who
are persecuted or fear persecution as a result of the contravention by China of
its obligations under the Joint Declaration and the Basic Law to become eligible
to obtain lawful entry into the United States.
SEC. 5. IDENTIFICATION OF FOREIGN PERSONS INVOLVED IN THE EROSION
OF THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE BASIC LAW AND FOREIGN
FINANCIAL INSTITUTIONS THAT CONDUCT SIGNIFICANT TRANSACTIONS WITH THOSE PERSONS.
(a) In General.—Not later than 90 days after the date of the enactment of
this Act, and annually thereafter, if the Secretary of State determines that a foreign
person is materially contributing to, has materially contributed to, or attempts
to materially contribute to the failure of the Government of China to meet its obligations
under the Joint Declaration or the Basic Law, the Secretary of State shall submit
to the appropriate congressional committees and leadership a report that includes—
(1) an identification of the foreign person;
(2) a clear explanation for why the foreign person was identified and a description
of the activity that resulted in the identification; and
(3) an identification of any foreign financial institution that knowingly
conducts a significant transactions with the foreign person.
(b) Exclusion Of Certain Information.—
(1) INTELLIGENCE.—The Secretary of State shall not disclose the identity of
a person in a report submitted under subsection (a) if the Director of National
Intelligence determines that such disclosure could compromise an intelligence operation,
activity, source, or method of the United States.
(2) LAW ENFORCEMENT.—The Secretary of State shall not disclose the identity
of a person in a report submitted under subsection (a) if the Attorney General,
in coordination, as appropriate, with the Director of the Federal Bureau of Investigation,
the head of any other appropriate Federal law enforcement agency, and the Secretary
of the Treasury, determines that such disclosure could reasonably be expected—
(A) to compromise the identity of a confidential source, including a State,
local, or foreign agency or authority or any private institution that furnished
information on a confidential basis;
(B) to jeopardize the integrity or success of an ongoing criminal investigation
or prosecution;
(C) to endanger the life or physical safety of
any person; or
(D) to cause substantial harm to physical property.
(3) NOTIFICATION REQUIRED.—If the Director of National Intelligence makes
a determination under paragraph (1) or the Attorney General makes a determination
under paragraph (2), the Director or the Attorney General, as the case may be, shall
notify the appropriate congressional committees and leadership of the determination
and the reasons for the determination.
(c) Exclusion Of Foreign Persons And Foreign Financial Institutions.—
(1) FOREIGN PERSONS.—The President may exclude
a foreign person from the report under subsection (a) if the material contribution
(as described in subsection (d)) that merited inclusion in that report—
(A) does not have a significant and lasting negative
effect that contravenes the obligations of China under the Joint Declaration
and the Basic Law;
(B) is not likely to be repeated in the future;
and
(C) has been reversed or otherwise mitigated
through positive countermeasures taken by that foreign person.
(2) FOREIGN FINANCIAL INSTITUTIONS.—The President may exclude a foreign financial institution from the report
under subsection (a) if the significant transaction or significant transactions
of the foreign financial institution that merited inclusion in that report—
(A) does not have a significant and lasting negative effect that contravenes
the obligations of China under the Joint Declaration and the Basic Law;
(B) is not likely to be repeated in the future; and
(C) has been reversed or otherwise mitigated through positive countermeasures
taken by that foreign financial institution.
(d) Form Of Report.—Each report under subsection (a) shall be submitted in
unclassified form but may include a classified annex.
(e) Timing Of Report.—
(1) IN GENERAL.—Each report under subsection (a), to the extent practicable,
shall be submitted with the annual report under section 301 of the United States-Hong
Kong Policy Act of 1992 (22
U.S.C. 5731).
(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to
terminate the requirement to submit the report under subsection (a) upon the termination
of the requirement to submit the annual report under section 301 of the United States-Hong
Kong Policy Act of 1992 (22
U.S.C. 5731).
(f) Material Contributions Related To Obligations Of China Described.—For
purposes of this section, a foreign person materially contributes to the failure
of the Government of China to meet its obligations under the Joint Declaration or
the Basic Law if the person—
(1) took action that resulted in the inability of the people of Hong Kong—
(A) to enjoy freedom of assembly, speech, press, or independent rule of law;
or
(B) to participate in democratic outcomes; or
(2) otherwise took action that reduces the high degree of autonomy of Hong
Kong.
SEC. 6. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT CONTRAVENE
THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE BASIC LAW.
(a) Imposition Of Sanctions.—
(1) IN GENERAL.—On and after the date on which a foreign person is included
in a report under section 5(a)(1), the President may impose sanctions described
in subsection (b) with respect to that foreign person.
(2) MANDATORY SANCTIONS.—On and after the date on which a foreign person is
included in 2 reports submitted under section 5(a)(1), the President shall impose
sanctions described in subsection (b) with respect to that foreign person.
(b) Sanctions Described.—The sanctions described in this subsection with respect
to a foreign person are the following:
(1) PROPERTY TRANSACTIONS.—The President
may, pursuant to such regulations as the President may prescribe, prohibit any person from—
(A) acquiring, holding, withholding, using, transferring,
withdrawing, transporting, or exporting any property that is subject to the
jurisdiction of the United States and with respect to which the foreign person has
any interest;
(B) dealing in or exercising any right, power,
or privilege with respect to such property; or
(C) conducting any transaction involving
such property.
(2) EXCLUSION FROM THE UNITED STATES AND REVOCATION
OF VISA OR OTHER DOCUMENTATION.—In the case of a foreign person who is an
individual, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security
to exclude from the United States, the foreign person, subject to regulatory exceptions
to permit the United States to comply with the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United States, or other applicable
international obligations.
SEC. 7. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS
THAT DO BUSINESS WITH FOREIGN PERSONS THAT CONTRAVENE THE OBLIGATIONS OF CHINA UNDER
THE JOINT DECLARATION OR THE BASIC LAW.
(a) Imposition Of Sanctions.—With respect to any financial institution included
in a report under section 5(a)(3)—
(1) not later than one year after the submittal of the report, the President
shall impose not fewer than five of the sanctions described in subsection (b); and
(2) not later than 2 years after the submittal of the report, the President
shall impose each of the sanctions described in subsection (b).
(b) Sanctions Described.—The sanctions that may imposed with respect to a
foreign financial institution included in the report under section 5(a)(3) are the
following:
(1) LOANS FROM UNITED STATES FINANCIAL
INSTITUTIONS.—The United States Government may prohibit any United States financial
institution from making loans or providing credits to the foreign financial institution.
(2) PROHIBITION ON DESIGNATION AS PRIMARY DEALER.—Neither
the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank
of New York may designate, or permit the continuation of any prior designation of,
the foreign financial institution as a primary dealer in United States Government
debt instruments.
(3) PROHIBITION ON SERVICE AS A REPOSITORY
OF GOVERNMENT FUNDS.—The foreign financial institution may not serve
as agent of the United States Government or serve as repository for United States
Government funds.
(4) FOREIGN EXCHANGE.—The President
may, pursuant to such regulations as the President may prescribe, prohibit any transactions
in foreign exchange that are subject to the jurisdiction of the United States and
in which the foreign financial institution has any interest.
(5) BANKING TRANSACTIONS.—The President
may, pursuant to such regulations as the President may prescribe, prohibit any transfers
of credit or payments between financial institutions or by, through, or to any financial
institution, to the extent that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the foreign financial institution.
(6) PROPERTY TRANSACTIONS.—The President
may, pursuant to such regulations as the President may prescribe, prohibit any person
from—
(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting,
importing, or exporting any property that is subject to the jurisdiction of the
United States and with respect to which the foreign financial institution has any
interest;
(B) dealing in or exercising any right, power, or privilege with respect to
such property; or
(C) conducting any transaction involving such property.
(7) RESTRICTION ON EXPORTS.—The President
may restrict or prohibit exports of goods, technology,
or services, directly or indirectly, from the United States to the foreign
financial institution.
(8) BAN ON INVESTMENT IN EQUITY OR DEBT.—The
President may, pursuant to such regulations or guidelines as the President may prescribe,
prohibit any United States person from investing in or purchasing significant amounts
of equity or debt instruments of the foreign financial institution.
(9) EXCLUSION OF CORPORATE OFFICERS.—The
President may direct the Secretary of State to deny a visa to, and the Secretary
of Homeland Security to exclude from the United States, any alien that the President
determines is a corporate officer or principal of, or a shareholder with a controlling
interest in, the foreign financial institution.
(10) SANCTIONS ON PRINCIPAL EXECUTIVE OFFICERS.—The
President may impose on the principal executive officer or officers of the foreign
financial institution, or on individuals performing similar functions and with similar
authorities as such officer or officers, any of the sanctions described in paragraphs
(1) through (8) that are applicable.
(c) Timing Of Sanctions.—The President may impose sanctions required under
subsection (a) with respect to a financial institution included in a report under
section 5(a)(3) beginning on the day on which the financial institution is included
in that report.
SEC. 8. WAIVER,
TERMINATION, AND CONGRESSIONAL REVIEW PROCESS.
(a) National Security Waiver.—Unless a disapproval resolution is enacted under
subsection (d), the President may waive the application of sanctions under section
6 or 7 with respect to a foreign person or foreign financial institution if the
President—
(1) determines that the waiver is in the national security interest of the
United States; and
(2) submits to the appropriate congressional committees and leadership a report
on the determination and the reasons for the determination.
(b) Termination Of Sanctions And Removal From Report.—Unless a disapproval
resolution is enacted under subsection (d), the President may terminate the application
of sanctions under section 6 or 7 with respect to a foreign person or foreign financial
institution and remove that foreign person or foreign financial institution from
the report required under section 5(a) if the Secretary of State determines that
the actions taken by the foreign person or foreign financial institution that led
to the imposition of sanctions—
(1) do not have a significant and lasting negative effect that contravenes
the obligations of China under the Joint Declaration and the Basic Law;
(2) are not likely to be repeated in the future; and
(3) have been reversed or otherwise mitigated through positive countermeasures
taken by that foreign person or foreign financial institution.
(c) Termination Of Act.—
(1) REPORT.—
(A) IN GENERAL.—Not later than July 1, 2046, the President, in consultation
with the Secretary of State, the Secretary of the Treasury, and the heads of such
other Federal agencies as the President considers appropriate, shall submit to Congress
a report evaluating the implementation of this Act and sanctions imposed pursuant
to this Act.
(B) ELEMENTS.—The President shall include in the report submitted under paragraph
(1) an assessment of whether this Act and the sanctions imposed pursuant to
this Act should be terminated.
(2) TERMINATION.—This Act and the sanctions imposed pursuant to this Act shall
remain in effect unless a termination resolution is enacted under subsection (d)
after July 1, 2047.
(d) Congressional Review.—
(1) RESOLUTIONS.—
(A) DISAPPROVAL RESOLUTION.—In this section, the term “disapproval resolution”
means only a joint resolution of either House of Congress—
(i) the title of which is as follows: “A joint resolution disapproving the
waiver or termination of sanctions with respect to a foreign person that contravenes
the obligations of China with respect to Hong Kong or a foreign financial institution
that provides services to that person.”; and
(ii) the sole matter after the resolving clause of which is the following:
“Congress disapproves of the action under section 8 of the Hong Kong Autonomy Act
relating to the application of sanctions imposed with respect to a foreign person
that contravenes the obligations of China with respect to Hong Kong, or a foreign
financial institution that provides services to that person, on _______ relating
to ________.”, with the first blank space being filled with the appropriate date
and the second blank space being filled with a short description of the proposed
action.
(B) TERMINATION RESOLUTION.—In this section, the term “termination resolution”
means only a joint resolution of either House of Congress—
(i) the title of which is as follows: “A joint resolution terminating sanctions
with respect to foreign persons that contravene the obligations of China with respect
to Hong Kong and foreign financial institutions that provide services to those persons.”;
and
(ii) the sole matter after the resolving clause of which is the following:
“The Hong Kong Autonomy Act and any sanctions imposed pursuant to that Act shall
terminate on ____.”, with the blank space being filled with the termination date.
(C) COVERED RESOLUTION.—In this subsection, the term “covered resolution”
means a disapproval resolution or a termination resolution.
(2) INTRODUCTION.—A covered resolution may be introduced—
(A) in the House of Representatives, by the majority leader or the minority
leader; and
(B) in the Senate, by the majority leader (or the majority leader's designee)
or the minority leader (or the minority leader's designee).
(3) FLOOR CONSIDERATION IN HOUSE OF REPRESENTATIVES.—If a committee of the
House of Representatives to which a covered resolution has been referred has not
reported the resolution within 10 calendar days after the date of referral, that
committee shall be discharged from further consideration of the resolution.
(4) CONSIDERATION IN THE SENATE.—
(A) COMMITTEE REFERRAL.—
(i) DISAPPROVAL RESOLUTION.—A disapproval resolution introduced in the Senate
shall be—
(I) referred to the Committee on Banking, Housing, and Urban Affairs if the
resolution relates to an action that is not intended to significantly alter United
States foreign policy with regard to China; and
(II) referred to the Committee on Foreign Relations if the resolution relates
to an action that is intended to significantly alter United States foreign policy
with regard to China.
(ii) TERMINATION RESOLUTION.—A termination resolution introduced in the Senate
shall be referred to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations.
(B) REPORTING AND DISCHARGE.—If a committee to which a covered resolution
was referred has not reported the resolution within 10 calendar days after the date
of referral of the resolution, that committee shall be discharged from further consideration
of the resolution and the resolution shall be placed on the appropriate calendar.
(C) PROCEEDING TO CONSIDERATION.—Notwithstanding Rule XXII of the Standing
Rules of the Senate, it is in order at any time after the Committee on Banking,
Housing, and Urban Affairs or the Committee on Foreign Relations, as the case may
be, reports a covered resolution to the Senate or has been discharged from consideration
of such a resolution (even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the resolution, and all
points of order against the resolution (and against consideration of the resolution)
are waived. The motion to proceed is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
(D) RULINGS OF THE CHAIR ON PROCEDURE.—Appeals from the decisions of the Chair
relating to the application of the rules of the Senate, as the case may be, to the
procedure relating to a covered resolution shall be decided without debate.
(E) CONSIDERATION OF VETO MESSAGES.—Debate in the Senate of any veto message
with respect to a covered resolution, including all debatable motions and appeals
in connection with the resolution, shall be limited to 10 hours, to be equally divided
between, and controlled by, the majority leader and the minority leader or their
designees.
(5) RULES RELATING TO SENATE AND HOUSE OF REPRESENTATIVES.—
(A) TREATMENT OF SENATE RESOLUTION IN HOUSE.—In the House of Representatives,
the following procedures shall apply to a covered resolution received from the Senate
(unless the House has already passed a resolution relating to the same proposed
action):
(i) The resolution shall be referred to the appropriate committees.
(ii) If a committee to which a resolution has been referred has not reported
the resolution within 2 calendar days after the date of referral, that committee
shall be discharged from further consideration of the resolution.
(iii) Beginning on the third legislative day after each committee to which
a resolution has been referred reports the resolution to the House or has been discharged
from further consideration thereof, it shall be in order to move to proceed to consider
the resolution in the House. All points of order against the motion are waived.
Such a motion shall not be in order after the House has disposed of a motion to
proceed on the resolution. The previous question shall be considered as ordered
on the motion to its adoption without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the motion is disposed of shall
not be in order.
(iv) The resolution shall be considered as read. All points of order against
the resolution and against its consideration are waived. The previous question shall
be considered as ordered on the resolution to final passage without intervening
motion except 2 hours of debate equally divided and controlled by the sponsor of
the resolution (or a designee) and an opponent. A motion to reconsider the vote
on passage of the resolution shall not be in order.
(B) TREATMENT OF HOUSE RESOLUTION IN SENATE.—
(i) RECEIVED BEFORE PASSAGE OF SENATE RESOLUTION.—If, before the passage by
the Senate of a covered resolution, the Senate receives an identical resolution
from the House of Representatives, the following procedures shall apply:
(I) That resolution shall not be referred to a committee.
(II) With respect to that resolution—
(aa) the procedure in the Senate shall be the same as if no resolution had
been received from the House of Representatives; but
(bb) the vote on passage shall be on the resolution from the House of Representatives.
(ii) RECEIVED AFTER PASSAGE OF SENATE RESOLUTION.—If, following passage of
a covered resolution in the Senate, the Senate receives an identical resolution
from the House of Representatives, that resolution shall be placed on the appropriate
Senate calendar.
(iii) NO SENATE COMPANION.—If a covered resolution is received from the House
of Representatives, and no companion resolution has been introduced in the Senate,
the Senate procedures under this subsection shall apply to the resolution from the
House of Representatives.
(C) APPLICATION TO REVENUE MEASURES.—The provisions of this paragraph shall
not apply in the House of Representatives to a covered resolution that is a revenue
measure.
(6) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—This subsection is enacted
by Congress—
(A) as an exercise of the rulemaking power of the Senate and the House of
Representatives, respectively, and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional right of either House to change
the rules (so far as relating to the procedure of that House) at any time, in the
same manner, and to the same extent as in the case of any other rule of that House.
SEC. 9. RULE
OF CONSTRUCTION.
Nothing in this Act shall be construed as an authorization
of military force against China.
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