1. U.S. Code
  2. title 22
  3. chapter 66
  4. subchapter II
  5. § 5724

Collapse to view only § 5724. Consultation with Congress

§ 5721. Continued application of United States law
(a) In general
(b) International agreements
(Pub. L. 102–383, title II, § 201, Oct. 5, 1992, 106 Stat. 1452; Pub. L. 116–76, § 4(a)(1), Nov. 27, 2019, 133 Stat. 1163.)

CITE AS: 22 USC 5721

§ 5722. Presidential order
(a) Presidential determination
(b) Factor for consideration
(c) Publication in Federal Register
(d) Termination of suspension
(Pub. L. 102–383, title II, § 202, Oct. 5, 1992, 106 Stat. 1453.)

CITE AS: 22 USC 5722

§ 5723. Rules and regulations

The President is authorized to prescribe such rules and regulations as the President may deem appropriate to carry out this chapter.

(Pub. L. 102–383, title II, § 203, Oct. 5, 1992, 106 Stat. 1453.)

CITE AS: 22 USC 5723

§ 5724. Consultation with Congress

In carrying out this subchapter, the President shall consult appropriately with the Congress.

(Pub. L. 102–383, title II, § 204, Oct. 5, 1992, 106 Stat. 1453.)

CITE AS: 22 USC 5724

§ 5725. Secretary of State report regarding the autonomy of Hong Kong
(a) Certification
(1) In generalExcept as provided in subsection (b), the Secretary of State, on at least an annual basis, and in conjunction with the report required under section 5731 of this title, shall issue a certification to Congress that—
(A) indicates whether Hong Kong continues to warrant treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997;
(B) addresses—
(i) commercial agreements;
(ii) law enforcement cooperation, including extradition requests;
(iii) sanctions enforcement;
(iv) export controls, and any other agreements and forms of exchange involving dual use, critical, or other sensitive technologies;
(v) any formal treaties or agreements between the United States and Hong Kong;
(vi) other areas of bilateral cooperation that the Secretary determines to be relevant; and
(vii) decision-making within the Government of Hong Kong, including executive, legislative, and judicial structures, including—(I) freedom of assembly;(II) freedom of speech;(III) freedom of expression; and(IV) freedom of the press, including the Internet and social media;
(viii) universal suffrage, including the ultimate aim of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage;
(ix) judicial independence;
(x) police and security functions;
(xi) education;
(xii) laws or regulations regarding treason, secession, sedition, subversion against the Central People’s Government of the People’s Republic of China, or theft of state secrets;
(xiii) laws or regulations regarding foreign political organizations or bodies;
(xiv) laws or regulations regarding political organizations; and
(xv) other rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, and the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and
(C) includes—
(i) an assessment of the degree of any erosions to Hong Kong’s autonomy in each category listed in subparagraph (B) resulting from actions by the Government of the People’s Republic of China that are inconsistent with its commitments under the Basic Law or the Joint Declaration;
(ii) an evaluation of the specific impacts to any areas of cooperation between the United States and Hong Kong resulting from erosions of autonomy in Hong Kong or failures of the Government of Hong Kong to fulfill obligations to the United States under international agreements within the categories listed in subparagraph (B); and
(iii) a list of any specific actions taken by the United States Government in response to any erosion of autonomy or failures to fulfill obligations to the United States under international agreements identified in this certification and the report required under section 5731 of this title.
(2) Factor for consideration
(3) Additional certifications
(b) Waiver authority
(1) In generalThe Secretary of State may waive the application of subsection (a) if—
(A) the Secretary determines that such a waiver is in the national security interests of the United States; and
(B) on or before the date on which the waiver takes effect, the Secretary notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the intent to waive such subsection;
(2) Partial waiver
(Pub. L. 102–383, title II, § 205, as added Pub. L. 116–76, § 4(a)(2), Nov. 27, 2019, 133 Stat. 1163.)

CITE AS: 22 USC 5725

§ 5726. Treatment of Hong Kong applicants for visas to study or work in the United States
(a) Visa eligibility for certain Hong Kong students
(b) Implementation
The Secretary of State shall take such steps as may be necessary to ensure that consular officers are aware of the policy described in subsection (a) and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimination or unnecessary delay in the processing of their visa applications, including—
(1) providing specialized training for all consular officers posted to the United States Embassy in Beijing or to any United States consulate in the People’s Republic of China, the Hong Kong Special Administrative Region, or the Macau Special Administrative Region;
(2) instructing the United States Consulate in Hong Kong to maintain an active list of individuals who are known to have been formally charged, detained, or convicted by the Government of Hong Kong Special Administrative Region or by the Government of the People’s Republic of China, or intermediaries of such governments, based on politically-motivated considerations related to their exercise of rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, or the International Covenant on Civil and Political Rights, done at New York December 19, 1966, to facilitate the cross-checking of visa applications for Hong Kong residents; and
(3) updating any relevant United States Government websites with information on the policy described in subsection (a).
(c) Cooperation with like-minded countries
The Secretary of State shall contact appropriate representatives of other democratic countries, particularly those who receive a large number of applicants for student and employment visas from Hong Kong—
(1) to inform them of the United States policy regarding arrests for participation in nonviolent protests in Hong Kong; and
(2) to encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the Government of Hong Kong and of the Government of the People’s Republic of China.
(Pub. L. 102–383, title II, § 206, as added Pub. L. 116–76, § 4(b), Nov. 27, 2019, 133 Stat. 1165.)

CITE AS: 22 USC 5726