```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 825 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 825

To set forth the policy of the United States with respect to Macau, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1999

   Mr. Bereuter (for himself, Mr. Lantos, Mr. Royce, Mr. Berman, Mr. 
 Manzullo, and Mr. Faleomavaega) introduced the following bill; which 
        was referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL

 
To set forth the policy of the United States with respect to Macau, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Macau Policy Act of 
1999''.

SEC. 2. FINDINGS AND DECLARATIONS.

    The Congress makes the following findings and declarations:
            (1) The Congress recognizes that under the April 13, 1987, 
        Joint Declaration of the Government of the People's Republic of 
        China and the Government of the Republic of Portugal on the 
        Question of Macau--
                    (A) the People's Republic of China and the Republic 
                of Portugal have agreed that the People's Republic of 
                China will resume the exercise of sovereignty over 
                Macau on December 20, 1999, and until that time, 
                Portugal will be responsible for the administration of 
                Macau;
                    (B) the Macau Special Administrative Region of the 
                People's Republic of China, beginning on December 20, 
                1999, 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 Macau 
                will retain its current lifestyle and legal, social, 
                and economic systems until at least the year 2049;
                    (D) the legislature of the Macau Special 
                Administrative Region has been constituted by 
                elections; and
                    (E) provision is made for the continuation in force 
                of agreements implemented as of December 20, 1999, and 
                for the ability of the Macau Special Administrative 
                Region to conclude new agreements.
            (2) The Congress declares its wish to see full 
        implementation of the provisions of the Joint Declaration.
            (3) The Congress supports the policies and decisions 
        reflected in the Joint Declaration.
            (4) It is the sense of the Congress that--
                    (A) Macau's continued economic prosperity furthers 
                United States interests in the People's Republic of 
                China and Asia;
                    (B) support for democratization is a fundamental 
                principle of United States foreign policy, and as such, 
                that principle naturally applies to United States 
                policy toward Macau, now and after December 19, 1999; 
                and
                    (C)(i) the human rights of the people of Macau are 
                of great importance to the United States and are 
                directly relevant to United States interests in Macau;
                    (ii) a fully successful transition in the exercise 
                of sovereignty over Macau must safeguard human rights 
                in and of themselves; and
                    (iii) human rights also serve as a basis for 
                Macau's continued economic prosperity.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Macau'' means, prior to December 20, 1999, 
        the Portuguese Dependent Territory of Macau, and on and after 
        December 20, 1999, the Macau Special Administrative Region of 
        the People's Republic of China;
            (2) the term ``Joint Declaration'' means the Joint 
        Declaration of the Government of the People's Republic of China 
        and the Government of the Republic of Portugal on the Question 
        of Macau, of April 13, 1987; and
            (3) the term ``laws of the United States'' means provisions 
        of law enacted by the Congress.

                            TITLE I--POLICY

SEC. 101. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) the United States should play an active role before, 
        on, and after December 20, 1999, in maintaining Macau's 
        confidence and prosperity, Macau's unique cultural heritage, 
        and the mutually beneficial ties between the people of the 
        United States and the people of Macau; and
            (2) through its policies, the United States should 
        contribute to Macau's ability to maintain a high degree of 
        autonomy in matters other than defense and foreign affairs as 
        promised by the People's Republic of China and the Republic of 
        Portugal in the Joint Declaration, particularly with respect to 
        such matters as trade, commerce, law enforcement, finance, 
        monetary policy, aviation, shipping, communications, tourism, 
        cultural affairs, sports, and participation in international 
        organizations, consistent with the national security and other 
        interests of the United States.

           TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW

SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW.

    (a) In General.--Notwithstanding any change in the exercise of 
sovereignty over Macau, and subject to subsections (b) and (c), the 
laws of the United States shall continue to apply with respect to 
Macau, on and after December 20, 1999, in the same manner as the laws 
of the United States were applied with respect to Macau before such 
date unless otherwise expressly provided by law or by Executive order 
under section 202.
    (b) International Agreements.--For all purposes, including actions 
in any court of the United States, the Congress approves of the 
continuation in force on and after December 20, 1999, of all treaties 
and other international agreements, including multilateral conventions, 
entered into before such date between the United States and Macau, or 
entered into force before such date between the United States and the 
Republic of Portugal and applied to Macau, unless or until terminated 
in accordance with law. If, in carrying out this title, the President 
determines that Macau is not legally competent to carry out its 
obligations under any such treaty or other international agreement, or 
that the continuation of Macau's obligations or rights under any such 
treaty or other international agreement is not appropriate under the 
circumstances, the President shall promptly notify the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate concerning such 
determination, and shall take appropriate action to modify or terminate 
such treaty or other international agreement.
    (c) Export Controls.--Notwithstanding subsection (a) or any other 
provision of law, the President shall establish with respect to Macau, 
within 90 days after the date of the enactment of this Act, such export 
control policies and regulations as he determines to be advisable in 
the national security interests of the United States.

SEC. 202. PRESIDENTIAL ORDER.

    (a) Presidential Determination.--On or after December 20, 1999, 
whenever the President determines that Macau 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 201(a) to such law or provision 
of law. The President shall promptly notify the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate concerning any such 
determination.
    (b) Factor for Consideration.--In making a determination under 
subsection (a) with respect to the application of a law of the United 
States, or any provision thereof, to Macau, the President should 
consider the terms, obligations, and expectations expressed in the 
Joint Declaration with respect to Macau.
    (c) Publication in Federal Register.--Any Executive order issued 
under subsection (a) 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) may be terminated by the President with respect to a 
particular law or provision of law whenever the President determines 
that Macau has regained sufficient autonomy to justify treatment under 
the law or provision of law in question. Notice of any such termination 
shall be published in the Federal Register.

SEC. 203. RULES AND REGULATIONS.

    The President is authorized to prescribe such rules and regulations 
as the President considers appropriate to carry out this Act.

SEC. 204. CONSULTATION WITH CONGRESS.

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

                    TITLE III--REPORTING PROVISIONS

SEC. 301. REPORTING REQUIREMENT.

    Not later than 90 days after the date of the enactment of this Act, 
and not later than March 31 of each of the years 2000, 2001, and 2002, 
the Secretary of State shall transmit to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate a report on conditions in Macau of interest to 
the United States. This report shall cover (in the case of the initial 
report) the period since the date of the enactment of this Act 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 Macau;
            (2) significant developments related to the change in the 
        exercise of sovereignty over Macau affecting United States 
        interests in Macau or United States relations with Macau and 
        the People's Republic of China;
            (3) steps taken by the United States to implement section 
        201(c) (relating to export controls with respect to Macau), 
        including any significant problems or other developments 
        arising with respect to the application of United States export 
        controls to Macau;
            (4) the laws of the United States with respect to which the 
        application of section 201(a) (relating to the application of 
        United States laws to Macau) has been suspended pursuant to 
        section 202(a) or with respect to which such a suspension has 
        been terminated pursuant to section 202(d), and the reasons for 
        the suspension or termination, as the case may be;
            (5) the treaties and other international agreements with 
        respect to which the President has made a determination 
        described in the last sentence of section 201(b) (relating to 
        the application of treaties and other international agreements 
        to Macau), the reasons for each such determination, and the 
        steps taken as a result of such determination;
            (6) the development of democratic institutions in Macau;
            (7) compliance by the Government of the People's Republic 
        of China and the Government of the Republic of Portugal with 
        their obligations under the Joint Declaration; and
            (8) the nature and extent of Macau's participation in 
        multilateral forums.

SEC. 302. SEPARATE PART OF COUNTRY REPORTS.

    Whenever a report is transmitted to the Congress on a country-by-
country basis, there shall be included in such report, where 
applicable, a separate subreport on Macau under the heading of the 
state that exercises sovereignty over Macau.
                                 <all>
```