§ 5722 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1208

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5722, 5731 of this

title.

§ 5722. Presidential order

(a) Presidential determination

On or after July 1, 1997, whenever the President determines that Hong Kong is not sufficiently autonomous 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, the President

may issue an Executive order suspending the application of section 5721(a) of this title to such

law or provision of law.

(b) Factor for consideration

In making a determination under subsection

(a) of this section with respect to the application of a law of the United States, or any provision thereof, to Hong Kong, the President should

consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong.

(c) Publication in Federal Register

Any Executive order issued under subsection

(a) of this section shall be published in the Federal Register and shall specify the law or provision of law affected by the order.

(d) Termination of suspension

An Executive order issued under subsection (a)

of this section may be terminated by the President with respect to a particular law or provision of law whenever the President determines

that Hong Kong has regained sufficient autonomy to justify different treatment under the law

or provision of law in question. Notice of any

such termination shall be published in the Federal Register.

(Pub. L. 102–383, title II, §202, Oct. 5, 1992, 106

Stat. 1453.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5721, 5731 of this

title.

§ 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.)

§ 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.)

SUBCHAPTER III—REPORTING PROVISIONS

§ 5731. Reporting requirement

Not later than March 31, 1993, March 31, 1995,

March 31, 1996, March 31, 1997, March 31, 1998,

March 31, 1999, and March 31, 2000, the Secretary

of State shall transmit to the Speaker of the

House of Representatives and the chairman of

the Committee on Foreign Relations of the Senate a report on conditions in Hong Kong of interest to the United States. This report shall

cover (in the case of the initial report) the period since October 5, 1992, or (in the case of subsequent reports) the period since the most recent report pursuant to this section and shall

describe—

(1) significant developments in United

States relations with Hong Kong, including a

description of agreements that have entered

into force between the United States and Hong

Kong;

(2) other matters, including developments

related to the change in the exercise of sovereignty over Hong Kong, affecting United

States interests in Hong Kong or United

States relations with Hong Kong;

(3) the nature and extent of United StatesHong Kong cultural, education, scientific, and

academic exchanges, both official and unofficial;

(4) the laws of the United States with respect to which the application of section

5721(a) of this title has been suspended pursuant to section 5722(a) of this title or with respect to which such a suspension has been terminated pursuant to section 5722(d) of this

title, and the reasons for the suspension or

termination, as the case may be;

(5) treaties and other international agreements with respect to which the President has

made a determination described in the last

sentence of section 5721(b) of this title, and the

reasons for each such determination;

(6) significant problems in cooperation between Hong Kong and the United States in the

area of export controls;

(7) the development of democratic institutions in Hong Kong; and

(8) the nature and extent of Hong Kong’s

participation in multilateral forums.

(Pub. L. 102–383, title III, §301, Oct. 5, 1992, 106

Stat. 1453; Pub. L. 104–107, title V, §576(a), Feb.

12, 1996, 110 Stat. 750.)

AMENDMENTS

1996—Subsec. (a). Pub. L. 104–107 inserted ‘‘March 31,

1996,’’ after ‘‘March 31, 1995,’’ in introductory provisions.

REPORT ON SINO-BRITISH JOINT DECLARATION ON

QUESTION OF HONG KONG

Pub. L. 104–208, div. A, title I, §101(c) [title V, §571],

Sept. 30, 1996, 110 Stat. 3009–121, 3009–167, which directed

that the additional report required to be submitted

during 1997 under this section include detailed information on the status of, and other developments affecting,

implementation of the Sino-British Joint Declaration

on the Question of Hong Kong, was from the Foreign

Operations, Export Financing, and Related Programs

Appropriations Act, 1997, and was not repeated in subsequent appropriations acts. Similar provisions were

contained in the following prior appropriation act:

Pub. L. 104–107, title V, §576(b), Feb. 12, 1996, 110 Stat.

750.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5721 of this title.

§ 5732. Separate part of country reports

Whenever a report is transmitted to the Congress on a country-by-country basis there shall