§ 5712 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1206

taining 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.

(2) The United States should actively seek to

establish and expand direct bilateral ties and

agreements with Hong Kong in economic,

trade, financial, monetary, aviation, shipping,

communications, tourism, cultural, sport, and

other appropriate areas.

(3) The United States should seek to maintain, after June 30, 1997, the United States

consulate-general in Hong Kong, together with

other official and semi-official organizations,

such as the United States Information Agency

American Library.

(4) The United States should invite Hong

Kong to maintain, after June 30, 1997, its official and semi-official missions in the United

States, such as the Hong Kong Economic &

Trade Office, the Office of the Hong Kong

Trade Development Council, and the Hong

Kong Tourist Association. The United States

should invite Hong Kong to open and maintain

other official or semi-official missions to represent Hong Kong in those areas in which

Hong Kong is entitled to maintain relations on

its own, including economic, trade, financial,

monetary, aviation, shipping, communications, tourism, cultural, and sport areas.

(5) The United States should recognize passports and travel documents issued after June

30, 1997, by the Hong Kong Special Administrative Region.

(6) The resumption by the People’s Republic

of China of the exercise of sovereignty over

Hong Kong after June 30, 1997, should not affect treatment of Hong Kong residents who

apply for visas to visit or reside permanently

in the United States, so long as such treatment is consistent with the Immigration and

Nationality Act [8 U.S.C. 1101 et seq.].

(Pub. L. 102–383, title I, §101, Oct. 5, 1992, 106

Stat. 1449.)

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in

par. (6), is act June 27, 1952, ch. 477, 66 Stat. 163, as

amended, which is classified principally to chapter 12

(§1101 et seq.) of Title 8, Aliens and Nationality. For

complete classification of this Act to the Code, see

Short Title note set out under section 1101 of Title 8

and Tables.

§ 5712. Participation in multilateral organizations, rights under international agreements,

and trade status

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 Hong

Kong after June 30, 1997:

(1) The United States should support Hong

Kong’s participation in all appropriate multilateral conferences, agreements, and organizations in which Hong Kong is eligible to participate.

(2) The United States should continue to fulfill its obligations to Hong Kong under international agreements, so long as Hong Kong reciprocates, regardless of whether the People’s

Republic of China is a party to the particular

international agreement, unless and until

such obligations are modified or terminated in

accordance with law.

(3) The United States should respect Hong

Kong’s status as a separate customs territory,

and as a contracting party to the General

Agreement on Tariffs and Trade, whether or

not the People’s Republic of China participates in the latter organization.

(Pub. L. 102–383, title I, §102, Oct. 5, 1992, 106

Stat. 1450.)

§ 5713. Commerce 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, are and should

continue after June 30, 1997, to be the policy of

the United States with respect to commerce between the United States and Hong Kong:

(1) The United States should seek to maintain and expand economic and trade relations

with Hong Kong and should continue to treat

Hong Kong as a separate territory in economic

and trade matters, such as import quotas and

certificates of origin.

(2) The United States should continue to negotiate directly with Hong Kong to conclude

bilateral economic agreements.

(3) The United States should continue to

treat Hong Kong as a territory which is fully

autonomous from the United Kingdom and,

after June 30, 1997, should treat Hong Kong as

a territory which is fully autonomous from

the People’s Republic of China with respect to

economic and trade matters.

(4) The United States should continue to

grant the products of Hong Kong nondiscriminatory trade treatment (commonly referred

to as ‘‘most-favored-nation status’’) by virtue

of Hong Kong’s membership in the General

Agreement on Tariffs and Trade.

(5) The United States should recognize certificates of origin for manufactured goods issued by the Hong Kong Special Administrative

Region.

(6) The United States should continue to

allow the United States dollar to be freely exchanged with the Hong Kong dollar.

(7) United States businesses should be encouraged to continue to operate in Hong Kong,

in accordance with applicable United States

and Hong Kong law.

(8) The United States should continue to

support access by Hong Kong to sensitive technologies controlled under the agreement of the

Coordinating Committee for Multilateral Export Controls (commonly referred to as

‘‘COCOM’’) for so long as the United States is

satisfied that such technologies are protected

from improper use or export.

(9) The United States should encourage Hong

Kong to continue its efforts to develop a

framework which provides adequate protection for intellectual property rights.

(10) The United States should negotiate a bilateral investment treaty directly with Hong

Kong, in consultation with the Government of

the People’s Republic of China.