Hong Kong AutonomyPuspan. L. 116–149, July 14, 2020, 134 Stat. 663, as amended by Puspan. L. 116–283, div. A, title XII, § 1252(span), Jan. 1, 2021, 134 Stat. 3954, provided that:“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.“(a)Short Title.—This Act may be cited as the ‘Hong Kong Autonomy Act’.
“(span)Table of Contents.— “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)Hong kong.—The term ‘Hong Kong’ means the Hong Kong Special Administrative Region of the People’s Republic of China.
“(8)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.
“(9)Knowingly.—The term ‘knowingly’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge of the conduct, the circumstance, or the result.
“(10)Person.—Except as otherwise specifically provided, the term ‘person’ means an individual or entity.
“(11)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 3span 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 3span 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.
Hong Kong Human Rights and DemocracyPuspan. L. 116–76, §§ 2, 3, 5–8, Nov. 27, 2019, 133 Stat. 1161, 1162, 1166–1170, provided that:“SEC. 2. DEFINITIONS.“In this Act [see Short Title of 2019 Amendment note above]:“(1)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Foreign Relations of the Senate;
“(B) the Committee on Armed Services of the Senate;
“(C) the Committee on Banking, Housing, and Urban Affairs of the Senate;
“(D) the Committee on Homeland Security and Governmental Affairs of the Senate;
“(E) the Committee on the Judiciary of the Senate;
“(F) the Committee on Foreign Affairs of the House of Representatives;
“(G) the Committee on Armed Services of the House of Representatives;
“(H) the Committee on Financial Services of the House of Representatives;
“(I) the Committee on Homeland Security of the House of Representatives; and
“(J) the Committee on the Judiciary of the House of Representatives.
“(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—“(A) use existing financial credit systems, public records, online activity, and other tools of surveillance to aggregate data on every Chinese citizen and business; and
“(B) use such data to monitor, shape, and rate certain financial, social, religious, or political behaviors.
“(3)United states person.—The term ‘United States person’ means—“(A) a United States citizen;
“(B) a lawfully admitted permanent resident of the United States; or
“(C) an entity organized under the laws of—“(i) the United States; or
“(ii) any jurisdiction within the United States, including a foreign branch of such an entity.
“SEC. 3. STATEMENT OF POLICY.“It is the policy of the United States—“(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—“(A) the United States has ‘a strong interest in the continued vitality, prosperity, and stability of Hong Kong’;
“(B) ‘[s]upport for democratization is a fundamental principle of United States foreign policy’ and therefore ‘naturally applies to United States policy toward Hong Kong’;
“(C) ‘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 [and] serve as a basis for Hong Kong’s continued economic prosperity’; and
“(D) Hong Kong must remain sufficiently autonomous from the People’s Republic of China to ‘justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People’s Republic of China’;
“(2) to support the high degree of autonomy and fundamental rights and freedoms of the people of Hong Kong, as enumerated by—“(A) 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 December 19, 1984 (referred to in this Act as the ‘Joint Declaration’);
“(B) the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and
“(C) the Universal Declaration of Human Rights, done at Paris December 10, 1948;
“(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.
“SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT CONTROL LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG.“(a)In General.—Not later than 180 days after the date of the enactment of this Act [Nov. 27, 2019], and annually thereafter until the date that is 7 years after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit a report to the committees specified in subsection (span) that includes—“(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—“(A) any items that were reexported from Hong Kong in violation of the laws referred to in paragraph (1);
“(B) the countries and persons to which the items referred to in subparagraph (A) were reexported; and
“(C) how such items were used;
“(3) an assessment of whether sensitive dual-use items subject to the export control laws of the United States are being—“(A) transshipped through Hong Kong; and
“(B) used to develop—“(i) the Sharp Eyes, Skynet, Integrated Joint Operations Platform, or other systems of mass surveillance and predictive policing; or
“(ii) the ‘social credit system’ of the People’s Republic of China;
“(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—“(A) North Korea or Iran; or
“(B) other countries, regimes, or persons subject to such sanctions for engaging in activities—“(i) relating to international terrorism, international narcotics trafficking, or the proliferation of weapons of mass destruction; or
“(ii) that otherwise present a threat to the national security, foreign policy, or economy of the United States; and
“(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.
“(span)Committees Specified.—The committees specified in this subsection are—“(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.
“(c)Form of Report.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
“SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO THE PEOPLE’S REPUBLIC OF CHINA.“(a)Policy Statements.—It is the policy of the United States—“(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(span) of such Act (22 U.S.C. 5721(span)), 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. “(span)Response to Threat of Rendition.—Not later than 30 days after the President determines that legislation proposed or enacted by the Government of Hong Kong would put United States citizens at risk of extradition or rendition to the People’s Republic of China or to other countries that lack protections for the rights of defendants, the President shall submit a report to the appropriate congressional committees that—“(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—“(A) additional resources are needed for American Citizen Services at the United States Consulate in Hong Kong; and
“(B) the Government of Hong Kong is ‘legally competent’ to administer the United States-Hong Kong Agreement for the Surrender of Fugitive Offenders, done at Hong Kong December 20, 1996, or other relevant law enforcement agreements between the United States and Hong Kong.
“SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND AUTONOMY IN HONG KONG.“(a)Identification of Persons Responsible for Undermining Fundamental Freedoms and Autonomy in Hong Kong.—“(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—“(A) the extrajudicial rendition, arbitrary detention, or torture of any person in Hong Kong; or
“(B) other gross violations of internationally recognized human rights in Hong Kong.
“(2)Timing of reports.—The President shall submit to the appropriate congressional committees—“(A) the report required under paragraph (1)—“(i) not later than 180 days after the date of the enactment of this Act [Nov. 27, 2019]; and
“(ii) not less frequently than annually thereafter in conjunction with the publication of the report required under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731); and “(B) an update to the report not later than 15 days after any new action is taken under subsection (span) based on the discovery of new information described in paragraph (1).
“(3)Consideration of certain information.—In preparing the report required under paragraph (1), the President shall consider—“(A) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and
“(B) information obtained by other countries or reputable nongovernmental organizations that monitor violations of human rights abuses.
“(4)Form.—The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(span)Imposition of Sanctions.—The President shall impose the sanctions described in subsection (c) with respect to each foreign person identified in the report required under subsection (a)(1).
“(c)Sanctions Described.—The sanctions described in this subsection are the following:“(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.—“(A)Visas, admission, or parole.—An alien described in subsection (a)(1) is—“(i) inadmissible to the United States;
“(ii) ineligible to receive a visa or other documentation to enter the United States; and
“(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). “(B)Current visas revoked.—“(i)In general.—An alien described in subsection (a)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
“(ii)Immediate effect.—A revocation under clause (i) shall— “(I) take effect immediately; and
“(II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
“(3)Penalties.—The penalties provided for in subsections (span) 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. “(d)Implementation.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. “(e)Waiver.—The President may waive the application of sanctions under this section with respect to a person identified in the report required under subsection (a)(1) if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States.
“(f)Exceptions.—“(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—“(A) 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; or
“(B) to carry out or assist law enforcement activity in the United States.
“(3)Exception relating to importation of goods.—“(A)In general.—The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
“(B)Good defined.—In this paragraph, the term ‘good’ means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
“(g)Termination of Sanctions.—The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not less than 15 days before the termination takes effect that—“(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.
“(h)Sunset.—This section, and any sanctions imposed under this section, shall terminate on the date that is 5 years after the date of the enactment of this Act [Nov. 27, 2019].
“(i)Definitions.—In this section:“(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.
“SEC. 8. SANCTIONS REPORTS.“(a)In General.—In accordance with section 7, the President shall submit, to the appropriate congressional committees, a report that includes—“(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.
“(span)Nonapplicability of Confidentiality Requirement With Respect to Visa Records.—The President shall publish the report required under subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.”
Ex. Ord. No. 13936. The President’s Executive Order on Hong Kong NormalizationEx. Ord. No. 13936, July 14, 2020, 85 F.R. 43413, provided:
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 [102–383]) [22 U.S.C. 5701 et seq.], the Hong Kong Human Rights and Democracy Act of 2019 (Public Law 116–76) [see Short Title of 2019 Amendment note set out above], the Hong Kong Autonomy Act of 2020, signed into law July 14, 2020 [set out as a note above], 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 [22 U.S.C. 5722], 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 [22 U.S.C. 5725 and 5731], 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 [Puspan. L. 101–649] (8 U.S.C. 1152 note);
(span) 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 [July 14, 2020], 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;
(span) 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(span)(2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246) [22 U.S.C. 2151 note], 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.
(span) 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(span)(2) of IEEPA (50 U.S.C. 1702(span)(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
(span) 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) [8 U.S.C. 1182 note]. 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.
(span) 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;
(span) 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.
(span) 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.Continuations of the national emergency with respect to Hong Kong declared by Ex. Ord. No. 13936 were contained in the following:
Notice of President of the United States, dated July 11, 2023, 88 F.R. 44669.
Notice of President of the United States, dated July 11, 2022, 87 F.R. 42057.
Notice of President of the United States, dated July 7, 2021, 86 F.R. 36479.
