§ 5606 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1204

subparagraphs (A) through (D) of subsection

(b)(2) of this section shall not apply to any activity pursuant to any contract or international agreement entered into before the

date of the presidential determination under

section 5604(a)(1) of this title unless the President determines, on a case-by-case basis, that

to apply such sanction to that activity would

prevent the performance of a contract or

agreement that would have the effect of assisting a country in using chemical or biological weapons in violation of international law

or in using lethal chemical or biological weapons against its own nationals.

(B) The same restrictions of subsection (p) of

section 2405 of title 50, Appendix, as that subsection is so redesignated by section 304(b) of

this title, which are applicable to exports prohibited under section 2405 of title 50, Appendix,

shall apply to exports prohibited under subsection (a)(5) or (b)(2)(C) of this section. For

purposes of this subparagraph, any contract or

agreement the performance of which (as determined by the President) would have the effect

of assisting a foreign government in using

chemical or biological weapons in violation of

international law or in using lethal chemical

or biological weapons against its own nationals shall be treated as constituting a breach of

the peace that poses a serious and direct

threat to the strategic interest of the United

States, within the meaning of subparagraph

(A) of section 2405(p) of title 50, Appendix.

(2) Sanctions applied to existing contracts

The sanctions described in paragraphs (1),

(2), and (3) of subsection (a) of this section

shall apply to contracts, agreements, and licenses without regard to the date the contract

or agreement was entered into or the license

was issued (as the case may be), except that

such sanctions shall not apply to any contract

or agreement entered into or license issued before the date of the presidential determination

under section 5604(a)(1) of this title if the

President determines that the application of

such sanction would be detrimental to the national security interests of the United States.

(Pub. L. 102–182, title III, §307, Dec. 4, 1991, 105

Stat. 1254.)

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (a)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as

amended, which is classified principally to chapter 32

(§2151 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out

under section 2151 of this title and Tables.

The Arms Export Control Act, referred to in subsec.

(a)(2)(A), (3), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320,

as amended, which is classified principally to chapter

39 (§2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set

out under section 2751 of this title and Tables.

Section 304(b) of this title, referred to in subsec.

(e)(1)(B), is section 304(b) of Pub. L. 102–182, title III,

Dec. 4, 1991, 105 Stat. 1246, which amended section 2405

of Title 50, Appendix, War and National Defense.

CODIFICATION

In subsec. (b)(2)(F)(iv), ‘‘section 40102(a) of title 49’’

substituted for ‘‘section 101 of the Federal Aviation Act

of 1958 (49 U.S.C. App. 1301)’’ on authority of Pub. L.

103–272, §6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of

Title 49, Transportation.

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding

section 21 of Title 2, The Congress.

DELEGATION OF FUNCTIONS

Functions of President under this section delegated

to Secretary of State, with certain exceptions, by section 1(b) of Ex. Ord. No. 12851, June 11, 1993, 58 F.R.

33181, set out as a note under section 2797 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295a, 2295b, 5604

of this title.

§ 5606. Presidential reporting requirements

(a) Reports to Congress

Not later than 90 days after December 4, 1991,

and every 12 months thereafter, the President

shall transmit to the Congress a report which

shall include—

(1) a description of the actions taken to

carry out this chapter, including the amendments made by this chapter;

(2) a description of the current efforts of foreign countries and subnational groups to acquire equipment, materials, or technology to

develop, produce, or use chemical or biological

weapons, together with an assessment of the

current and likely future capabilities of such

countries and groups to develop, produce,

stockpile, deliver, transfer, or use such weapons;

(3) a description of—

(A) the use of chemical weapons by foreign

countries in violation of international law,

(B) the use of chemical weapons by subnational groups,

(C) substantial preparations by foreign

countries and subnational groups to do so,

and

(D) the development, production, stockpiling, or use of biological weapons by foreign countries and subnational groups; and

(4) a description of the extent to which foreign persons or governments have knowingly

and materially assisted third countries or subnational groups to acquire equipment, material, or technology intended to develop,

produce, or use chemical or biological weapons.

(b) Protection of classified information

To the extent practicable, reports submitted

under subsection (a) of this section or any other

provision of this chapter should be based on unclassified information. Portions of such reports

may be classified.

(Pub. L. 102–182, title III, §308, Dec. 4, 1991, 105

Stat. 1257.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1) and (b), was

in the original ‘‘this title’’, meaning title III of Pub. L.

102–182, Dec. 4, 1991, 105 Stat. 1245, which is classified

principally to this chapter. For complete classification
Page 1205 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5711

of this Act to the Code, see Short Title note set out

under section 5601 of this title and Tables.

DELEGATION OF FUNCTIONS

Functions of President under this section delegated

to Secretary of State, with certain exceptions, by section 1(b) of Ex. Ord. No. 12851, June 11, 1993, 58 F.R.

33181, set out as a note under section 2797 of this title.

CHAPTER 66—UNITED STATES-HONG KONG

POLICY

Sec.

5701. Findings and declarations.

5702. Definitions.

SUBCHAPTER I—POLICY

5711. Bilateral ties between United States and

Hong Kong.

5712. Participation in multilateral organizations,

rights under international agreements, and

trade status.

5713. Commerce between United States and Hong

Kong.

5714. Transportation.

5715. Cultural and educational exchanges.

SUBCHAPTER II—STATUS OF HONG KONG IN

UNITED STATES LAW

5721. Continued application of United States law.

(a) In general.

(b) International agreements.

5722. Presidential order.

(a) Presidential determination.

(b) Factor for consideration.

(c) Publication in Federal Register.

(d) Termination of suspension.

5723. Rules and regulations.

5724. Consultation with Congress.

SUBCHAPTER III—REPORTING PROVISIONS

5731. Reporting requirement.

5732. Separate part of country reports.

§ 5701. Findings and declarations

The Congress makes the following findings

and declarations:

(1) The Congress recognizes that under the

1984 Sino-British Joint Declaration:

(A) The People’s Republic of China and the

United Kingdom of Great Britain and Northern Ireland have agreed that the People’s

Republic of China will resume the exercise of

sovereignty over Hong Kong on July 1, 1997.

Until that time, the United Kingdom will be

responsible for the administration of Hong

Kong.

(B) The Hong Kong Special Administrative

Region of the People’s Republic of China, beginning on July 1, 1997, will continue to

enjoy a high degree of autonomy on all matters other than defense and foreign affairs.

(C) There is provision for implementation

of a ‘‘one country, two systems’’ policy,

under which Hong Kong will retain its current lifestyle and legal, social, and economic

systems until at least the year 2047.

(D) The legislature of the Hong Kong Special Administrative Region will be constituted by elections, and the provisions of

the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural

Rights, as applied to Hong Kong, shall remain in force.

(E) Provision is made for the continuation

in force of agreements implemented as of

June 30, 1997, and for the ability of the Hong

Kong Special Administrative Region to conclude new agreements either on its own or

with the assistance of the Government of the

People’s Republic of China.

(2) The Congress declares its wish to see full

implementation of the provisions of the Joint

Declaration.

(3) The President has announced his support

for the policies and decisions reflected in the

Joint Declaration.

(4) Hong Kong plays an important role in today’s regional and world economy. This role is

reflected in strong economic, cultural, and

other ties with the United States that give the

United States a strong interest in the continued vitality, prosperity, and stability of

Hong Kong.

(5) Support for democratization is a fundamental principle of United States foreign

policy. As such, it naturally applies to United

States policy toward Hong Kong. This will remain equally true after June 30, 1997.

(6) The human rights of the people of Hong

Kong are of great importance to the United

States and are directly relevant to United

States interests in Hong Kong. A fully successful transition in the exercise of sovereignty

over Hong Kong must safeguard human rights

in and of themselves. Human rights also serve

as a basis for Hong Kong’s continued economic

prosperity.

(Pub. L. 102–383, §2, Oct. 5, 1992, 106 Stat. 1448.)

SHORT TITLE

Section 1 of Pub. L. 102–383 provided that: ‘‘This Act

[enacting this chapter] may be cited as the ‘United

States-Hong Kong Policy Act of 1992’.’’

§ 5702. Definitions

For purposes of this chapter—

(1) the term ‘‘Hong Kong’’ means, prior to

July 1, 1997, the British Dependent Territory

of Hong Kong, and on and after July 1, 1997,

the Hong Kong Special Administrative Region

of the People’s Republic of China;

(2) 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; and

(3) the term ‘‘laws of the United States’’

means provisions of law enacted by the Congress.

(Pub. L. 102–383, §3, Oct. 5, 1992, 106 Stat. 1449.)

SUBCHAPTER I—POLICY

§ 5711. Bilateral ties between United States and

Hong Kong

It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the

policy of the United States with respect to its

bilateral relationship with Hong Kong:

(1) The United States should play an active

role, before, on, and after July 1, 1997, in main-