[House Document 116-140]
[From the U.S. Government Publishing Office]
116th Congress, 2d Session - - - - - - - - - House Document 116-140
THE PRESIDENT'S EXECUTIVE ORDER ON HONG KONG NORMALIZATION
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
THE PRESIDENT'S EXECUTIVE ORDER ON HONG KONG NORMALIZATION, PURSUANT TO
50 U.S.C. 1703(b); PUBLIC LAW 95-223, SEC. 204(b); (91 STAT. 1627) AND
50 U.S.C. 1621(a); PUBLIC LAW 94-412, SEC. 201(a); (90 STAT. 1255)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 16, 2020.--Referred to the Committee on Foreign Affairs and
ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
90-011 WASHINGTON : 2020
The White House,
Washington, July 14, 2020.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the International Emergency
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.) and the
National Emergencies Act (50 U.S.C. 1601 et seq.), I hereby
report I have issued an Executive Order (the ``order'') that
declares a national emergency with respect to the recent
actions taken by the People's Republic of China to
fundamentally undermine Hong Kong's autonomy. The order further
declares that Hong Kong is no longer sufficiently autonomous to
justify differential treatment in relation to the People's
Republic of China under the U.S. laws and provisions set forth
in the order. The order directs the heads of executive
departments and agencies to commence all appropriate actions to
carry out the policy of the United States to suspend or
eliminate different and preferential treatment for Hong Kong,
to the extent permitted by law and in the national security,
foreign policy, and economic interest of the United States.
The order blocks the property and interests in property of
foreign persons determined by the Secretary of State, in
consultation with the Secretary of the Treasury, or the
Secretary of the Treasury, in consultation with the Secretary
of State:
To be or have been involved, directly or
indirectly, in the coercing, arresting, detaining, or
imprisoning of individuals under the authority of, or
to be or have been responsible for or involved in
developing, adopting, or implementing, the Law of the
People's Republic of China on Safeguarding National
Security in the Hong Kong Administrative Region;
To be responsible for or complicit in, or to
have engaged in, directly or indirectly, any of the
following:
actions or policies that
undermine democratic processes or institutions
in Hong Kong;
actions or policies that
threaten the peace, security, stability, or
autonomy of Hong Kong;
censorship or other activities
with respect to Hong Kong that prohibit, limit,
or penalize the exercise of freedom of
expression or assembly by citizens of Hong
Kong, or that limit access to free and
independent print, online or broadcast media;
or
the extrajudicial rendition,
arbitrary detention, or torture of any person
in Hong Kong or other gross violations of
internationally recognized human rights or
serious human rights abuse in Hong Kong;
To be or have been a leader or official of:
an entity, including any
government entity, that has engaged in, or
whose members have engaged in, any of the
activities described above; or
an entity whose property and
interests in property are blocked pursuant to
this order.
To have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
person whose property and interests in property are
blocked pursuant to this section;
To be owned or controlled by, or to have
acted or purported to act for or on behalf of, directly
or indirectly, any person whose property and interests
in property are blocked pursuant to this section; or
To be a member of the board of directors or
a senior executive officer of any person whose property
and interests in property are blocked pursuant to this
section.
The order also delegates to the Secretary of the Treasury,
in consultation with the Secretary of State, the authority to
take such actions, including adopting rules and regulations,
and to employ all powers granted to the President by IEEPA as
may be necessary to implement the order.
Under section 212(f) of the Immigration and Nationality Act
of 1952 (8 U.S.C. 1182(f)), the order also suspends the
unrestricted immigrant and nonimmigrant entry into the United
States of aliens determined to meet one or more of the criteria
above for the blocking of property and interests in property,
and their immediate family members, as well as aliens
determined by the Secretary of State to be employed by, or
acting as an agent of, such aliens determined to meet the
criteria.
I am enclosing a copy of the order I have issued.
Sincerely,
Donald J. Trump.
Executive Order
----------
The President's Executive Order on Hong Kong Normalization
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the United States-Hong Kong Policy Act of 1992
(Public Law 102-393), the Hong Kong Human Rights and Democracy
Act of 2019 (Public Law 116-76), the Hong Kong Autonomy Act of
2020, signed into law July 14, 2020, the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA),
the National Emergencies Act (50 U.S.C. 1601 et seq. (NEA),
section 212(f) of the Immigration and Nationality Act of 1952
(8 U.S.C. 1182(f)), and section 301 of title 3, United States
Code,
I, DONALD J. TRUMP, President of the United States of
America, determine, pursuant to section 202 of the United
States-Hong Kong Policy Act of 1992, that the Special
Administrative Region of Hong Kong (Hong Kong) is no longer
sufficiently autonomous to justify differential treatment in
relation to the People's Republic of China (PRC or China) under
the particular United States laws and provisions thereof set
out in this order. In late May 2020, the National People's
Congress of China announced its intention to unilaterally and
arbitrarily impose national security legislation on Hong Kong.
This announcement was merely China's latest salvo in a series
of actions that have increasingly denied autonomy and freedoms
that China promised to the people of Hong Kong under the 1984
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 (Joint
Declaration). As a result, on May 27, 2020, the Secretary of
State announced that the PRC had fundamentally undermined Hong
Kong's autonomy and certified and reported to the Congress,
pursuant to sections 205 and 301 of the United States-Hong Kong
Policy Act of 1992, as amended, respectively, that Hong Kong no
longer warrants treatment under United States law in the same
manner as United States laws were applied to Hong Kong before
July 1, 1997. On May 29, 2020, I directed the heads of
executive departments and agencies (agencies) to begin the
process of eliminating policy exemptions under United States
law that give Hong Kong differential treatment in relation to
China.
China has since followed through on its threat to impose
national security legislation on Hong Kong. Under this law, the
people of Hong Kong may face life in prison for what China
considers to be acts of secession or subversion of state
power--which may include acts like last year's widespread anti-
government protests. The right to trial by jury may be
suspended. Proceedings may be conducted in secret. China has
given itself broad power to initiate and control the
prosecutions of the people of Hong Kong through the new Office
for Safeguarding National Security. At the same time, the law
allows foreigners to be expelled if China merely suspects them
of violating the law, potentially making it harder for
journalists, human rights organizations, and other outside
groups to hold the PRC accountable for its treatment of the
people of Hong Kong.
I therefore determine that the situation with respect to
Hong Kong, including recent actions taken by the PRC to
fundamentally undermine Hong Kong's autonomy, constitutes an
unusual and extraordinary threat, which has its source in
substantial part outside the United States, to the national
security, foreign policy, and economy of the United States. I
hereby declare a national emergency with respect to that
threat.
In light of the foregoing, I hereby determine and order:
Section 1. It shall be the policy of the United States to
suspend or eliminate different and preferential treatment for
Hong Kong to the extent permitted by law and in the national
security, foreign policy, and economic interest of the United
States.
Sec. 2. Pursuant to section 202 of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5722), I hereby suspend the
application of section 201(a) of the United States-Hong Kong
Policy Act of 1992, as amended (22 U.S.C. 5721(a)), to the
following statutes:
(a) section 103 of the Immigration Act of 1990 (8 U.S.C.
1152 note);
(b) sections 203(c), 212(l), and 221(c) of the Immigration
and Nationality Act of 1952, as amended (8 U.S.C. 1153(c),
1182(l), and 1201(c), respectively);
(c) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(d) section 721(m) of the Defense Production Act of 1950,
as amended (50 U.S.C. 4565(m));
(e) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.); and
(f) section 1304 of title 19, United States Code.
Sec. 3. Within 15 days of the date of this order, the heads
of agencies shall commence all appropriate actions to further
the purposes of this order, consistent with applicable law,
including, to:
(a) amend any regulations implementing those provisions
specified in section 2 of this order, and, consistent with
applicable law and executive orders, under IEEPA, which provide
different treatment for Hong Kong as compared to China;
(b) amend the regulation at 8 CFR 212.4(i) to eliminate the
preference for Hong Kong passport holders as compared to PRC
passport holders;
(c) revoke license exceptions for exports to Hong Kong,
reexports to Hong Kong, and transfers (in-country) within Hong
Kong of items subject to the Export Administration Regulations,
15 CFR Parts 730-774, that provide differential treatment
compared to those license exceptions applicable to exports to
China, reexports to China, and transfers (in-country) within
China;
(d) consistent with section 902(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246), terminate the export licensing suspensions under
section 902(a)(3) of such Act insofar as such suspensions apply
to exports of defense articles to Hong Kong persons who are
physically located outside of Hong Kong and the PRC and who
were authorized to receive defense articles prior to the date
of this order;
(e) give notice of intent to suspend the Agreement Between
the Government of the United States of America and the
Government of Hong Kong for the Surrender of Fugitive Offenders
(TIAS 98-121);
(f) give notice of intent to terminate the Agreement
Between the Government of the United States of America and the
Government of Hong Kong for the Transfer of Sentenced Persons
(TIAS 99-418);
(g) take steps to end the provision of training to members
of the Hong Kong Police Force or other Hong Kong security
services at the Department of State's International Law
Enforcement Academies;
(h) suspend continued cooperation undertaken consistent
with the now-expired Protocol Between the U.S. Geological
Survey of the Department of the Interior of the United States
of America and Institute of Space and Earth Information Science
of the Chinese University of Hong Kong Concerning Scientific
and Technical Cooperation in Earth Sciences (TIAS 09-1109);
(i) take steps to terminate the Fulbright exchange program
with regard to China and Hong Kong with respect to future
exchanges for participants traveling both from and to China or
Hong Kong;
(j) give notice of intent to terminate the agreement for
the reciprocal exemption with respect to taxes on income from
the international operation of ships effected by the Exchange
of Notes Between the Government of the United States of America
and the Government of Hong Kong (TIAS 11892);
(k) reallocate admissions within the refugee ceiling set by
the annual Presidential Determination to residents of Hong Kong
based on humanitarian concerns, to the extent feasible and
consistent with applicable law; and
(l) propose for my consideration any further actions deemed
necessary and prudent to end special conditions and
preferential treatment for Hong Kong.
Sec. 4. All property and interests in property that are in
the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of any United States person, of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(a) Any foreign person determined by the Secretary of
State, in consultation with the Secretary of the Treasury, or
the Secretary of the Treasury, in consultation with the
Secretary of State:
(i) to be or have been involved, directly or
indirectly, in the coercing, arresting, detaining, or
imprisoning of individuals under the authority of, or
to be or have been responsible for or involved in
developing, adopting, or implementing, the Law of the
People's Republic of China on Safeguarding National
Security in the Hong Kong Administrative Region;
(ii) to be responsible for or complicit in, or to
have engaged in, directly or indirectly, any of the
following:
(A) actions or policies that undermine
democratic processes or institutions in Hong
Kong;
(B) actions or policies that threaten the
peace, security, stability, or autonomy of Hong
Kong;
(C) censorship or other activities with
respect to Hong Kong that prohibit, limit, or
penalize the exercise of freedom of expression
or assembly by citizens of Hong Kong, or that
limit access to free and independent print,
online or broadcast media; or
(D) the extrajudicial rendition, arbitrary
detention, or torture of any person in Hong
Kong or other gross violations of
internationally recognized human rights or
serious human rights abuse in Hong Kong;
(iii) to be or have been a leader or official of:
(A) an entity, including any government
entity, that has engaged in, or whose members
have engaged in, any of the activities
described in subsections (a)(i), (a)(ii)(A),
(a)(ii)(B), or (a)(ii)(C) of this section; or
(B) an entity whose property and interests in
property are blocked pursuant to this order.
(iv) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
person whose property and interests in property are
blocked pursuant to this section;
(v) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to this section; or
(vi) to be a member of the board of directors or a
senior executive officer of any person whose property
and interests in property are blocked pursuant to this
section.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted before the date
of this order.
Sec. 5. I hereby determine that the making of donations of
the types of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to section 4 of this order would seriously impair my ability to
deal with the national emergency declared in this order, and I
hereby prohibit such donations as provided by section 4 of this
order.
Sec. 6. The prohibitions in section 4(a) of this order
include:
(a) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to section 4(a) of this order; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 7. The unrestricted immigrant and nonimmigrant entry
into the United States of aliens determined to meet one or more
of the criteria in section 4(a) of this order, as well as
immediate family members of such aliens, or aliens determined
by the Secretary of State to be employed by, or acting as an
agent of, such aliens, would be detrimental to the interest of
the United States, and the entry of such persons into the
United States, as immigrants and nonimmigrants, is hereby
suspended. Such persons shall be treated as persons covered by
section 1 of Proclamation 8693 of July 24, 2011 (Suspension of
Entry of Aliens Subject to United Nations Security Council
Travel Bans and International Emergency Economic Powers Act
Sanctions). The Secretary of State shall have the
responsibility of implementing this section pursuant to such
conditions and procedures as the Secretary has established or
may establish pursuant to Proclamation 8693.
Sec. 8. (a) Any transaction that evades or avoids, has the
purpose of evading or avoiding, causes a violation of, or
attempts to violate any of the prohibitions set forth in this
order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 9. Nothing in this order shall prohibit transactions
for the conduct of the official business of the Federal
Government by employees, grantees, or contractors thereof.
Sec. 10. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a government or
instrumentality of such government, partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization, including an international organization;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction within
the United States (including foreign branches), or any person
in the United States; and
(d) The term ``immediate family member'' means spouses and
children of any age.
Sec. 11. For those persons whose property and interests in
property are blocked pursuant to this order who might have a
constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to section 4 of this order would render those
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in this order, there need be no prior notice of a
listing or determination made pursuant to section 4 of this
order.
Sec. 12. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such
actions, including adopting rules and regulations, and to
employ all powers granted to me by IEEPA as may be necessary to
implement this order. The Secretary of the Treasury may,
consistent with applicable law, redelegate any of these
functions within the Department of the Treasury. All
departments and agencies of the United States shall take all
appropriate measures within their authority to implement this
order.
Sec. 13. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to submit
recurring and final reports to the Congress on the national
emergency declared in this order, consistent with section
401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 14. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Sec. 15. If, based on consideration of the terms,
obligations, and expectations expressed in the Joint
Declaration, I determine that changes in China's actions ensure
that Hong Kong is sufficiently autonomous to justify
differential treatment in relation to the PRC under United
States law, I will reconsider the determinations made and
actions taken and directed under this order.
Donald J. Trump.
The White House, July 14, 2020.
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