I 

116TH CONGRESS 

1ST SESSION H. R. 3289 

To amend the Hong Kong Policy Act of 1992 and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2019 

Mr. SMITH of New Jersey (for himself, Mr. MCGOVERN, Mr. PERRY, Mr. 

SUOZZI, Mr. FITZPATRICK, Mr. SHERMAN, and Mr. YOHO) introduced the 

following bill; which was referred to the Committee on Foreign Affairs, 

and in addition to the Committees on the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To amend the Hong Kong Policy Act of 1992 and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Hong Kong Human Rights and Democracy Act of 

6 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Statement of policy. 

Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992. 

Sec. 5. Annual report on enforcement of United States export control and sanctions laws by Hong Kong. 

Sec. 6. Protecting United States citizens and others from rendition to mainland 

China. 

Sec. 7. Identification of persons responsible for abductions and for other actions to suppress basic freedoms in Hong Kong. 

Sec. 8. Inadmissibility of certain aliens and family members. 

Sec. 9. Financial measures. 

Sec. 10. Reports to Congress. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

4 and ‘‘alien’’ have the meanings given those terms in 

5 section 101 of the Immigration and Nationality Act 

6 (8 U.S.C. 1101). 

7 (2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Armed Services of 

11 the Senate; 

12 (B) the Committee on Banking, Housing, 

13 and Urban Affairs of the Senate; 

14 (C) the Committee on Foreign Relations of 

15 the Senate; 

16 (D) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (E) the Committee on the Judiciary of the 

19 Senate; 


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1 (F) the Committee on Armed Services of 

2 the House of Representatives; 

3 (G) the Committee on Financial Services 

4 of the House of Representatives; 

5 (H) the Committee on Foreign Affairs of 

6 the House of Representatives; 

7 (I) the Committee on Homeland Security 

8 of the House of Representatives; and 

9 (J) the Committee on the Judiciary of the 

10 House of Representatives. 

11 (3) CHINA.—The term ‘‘China’’ means the Peo12 ple’s Republic of China. 

13 (4) FINANCIAL INSTITUTION.—The term ‘‘fi14 nancial institution’’ has the meaning given that term 

15 in section 5312 of title 31, United States Code. 

16 (5) SOCIAL CREDIT SYSTEM.—The term ‘‘social 

17 credit system’’ means a system proposed by the Gov18 ernment of China, scheduled to be implemented by 

19 2020, that would aggregate data on every Chinese 

20 citizen and business from existing financial credit 

21 systems, mass surveillance, public records, online ac22 tivity, and artificial intelligence to expand the notion 

23 of a financial credit score, potentially rewarding or 

24 punishing certain financial, social, religious, or polit25 ical behaviors. 


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1 (6) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) a United States citizen or an alien law4 fully admitted for permanent residence to the 

5 United States; or 

6 (B) an entity organized under the laws of 

7 the United States or of any jurisdiction within 

8 the United States, including a foreign branch of 

9 such an entity. 

10 SEC. 3. STATEMENT OF POLICY. 

11 It is the policy of the United States— 

12 (1) to reaffirm the principles and objectives set 

13 forth in the United States-Hong Kong Policy Act of 

14 1992 (Public Law 102–383), namely that— 

15 (A) the United States has ‘‘a strong inter16 est in the continued vitality, prosperity, and 

17 stability of Hong Kong’’; 

18 (B) ‘‘[s]upport for democratization is a 

19 fundamental principle of United States foreign 

20 policy’’; 

21 (C) ‘‘the human rights of the people of 

22 Hong Kong are of great importance to the 

23 United States and are directly relevant to 

24 United States interests in Hong Kong [and] 


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1 serve as a basis for Hong Kong’s continued eco2 nomic prosperity’’; and 

3 (D) Hong Kong must remain sufficiently 

4 autonomous from the People’s Republic of 

5 China to justify a different treatment under a 

6 particular law of the United States, or any pro7 vision thereof, from that accorded the People’s 

8 Republic of China; 

9 (2) to support the democratic aspirations of the 

10 people of Hong Kong, as guaranteed to them by the 

11 Joint Declaration of the Government of the United 

12 Kingdom of Great Britain and Northern Ireland and 

13 the Government of the People’s Republic of China 

14 on the Question of Hong Kong, done at Beijing De15 cember 19, 1984 (referred to in this Act as the 

16 ‘‘Joint Declaration’’), the International Covenant on 

17 Civil and Political Rights, done at New York Decem18 ber 19, 1966, the Universal Declaration of Human 

19 Rights, done at Paris December 10, 1948, and the 

20 Basic Law of the Hong Kong Special Administrative 

21 Region of the People’s Republic of China (referred 

22 to in this Act as the ‘‘Basic Law’’); 

23 (3) to urge the Government of the People’s Re24 public of China to uphold its commitments to Hong 

25 Kong, including allowing the people of Hong Kong 


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1 to rule Hong Kong with a high degree of autonomy 

2 and without undue interference, and ensuring that 

3 Hong Kong voters freely enjoy the right to elect the 

4 Chief Executive and all members of the Hong Kong 

5 Legislative Council by universal suffrage; 

6 (4) to support the establishment of a genuine 

7 democratic option to freely and fairly nominate and 

8 elect the Chief Executive of Hong Kong, and the es9 tablishment by 2020 of open and direct democratic 

10 elections for all members of the Hong Kong Legisla11 tive Council; 

12 (5) to support the robust exercise by residents 

13 of Hong Kong of the rights to free speech and the 

14 press as guaranteed to them by the Basic Law and 

15 the Joint Declaration; 

16 (6) to ensure that all residents of Hong Kong 

17 are afforded freedom from arbitrary or unlawful ar18 rest, detention, or imprisonment as guaranteed to 

19 them by the Basic Law and the Joint Declaration; 

20 (7) to draw international attention to any viola21 tions by the Government of the People’s Republic of 

22 China of the fundamental rights of residents of 

23 Hong Kong and any encroachment upon the auton24 omy guaranteed to Hong Kong by the Basic Law 

25 and the Joint Declaration; 


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1 (8) to protect United States citizens and long2 term permanent residents living in Hong Kong and 

3 those visiting and transiting through Hong Kong; 

4 and 

5 (9) to maintain the economic and cultural ties 

6 that provide significant benefits to the United States 

7 and Hong Kong. 

8 SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG 

9 POLICY ACT OF 1992. 

10 (a) REPORT.—Title II of the United States-Hong 

11 Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is 

12 amended— 

13 (1) in section 201(b), by inserting ‘‘or after’’ 

14 after ‘‘entered into before’’; and 

15 (2) adding at the end the following: 

16 ‘‘SEC. 205. SECRETARY OF STATE REPORT REGARDING THE 

17 AUTONOMY OF HONG KONG. 

18 ‘‘(a) REPORT.— 

19 ‘‘(1) IN GENERAL.—The Secretary of State 

20 shall annually certify to Congress, in conjunction 

21 with the report required under section 301, whether 

22 Hong Kong is sufficiently autonomous to justify spe23 cial treatment by the United States for bilateral 

24 agreements and programs, in accordance with this 

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1 tonomy has been eroded due to actions taken by the 

2 Government of China that are inconsistent with its 

3 commitments in the Basic Law and the Joint Dec4 laration and the impact of such erosion on specific 

5 areas of cooperation with the United States, includ6 ing on political rights, civil liberties, rule of law, 

7 freedom of information, religious freedom, and 

8 democratic governance in Hong Kong. 

9 ‘‘(2) FACTOR FOR CONSIDERATION.—In making 

10 a certification under paragraph (1), the Secretary of 

11 State should consider the terms, obligations, and ex12 pectations expressed in the Joint Declaration with 

13 respect to Hong Kong. 

14 ‘‘(b) WAIVER AUTHORITY.—The Secretary of State 

15 may waive the application of subsection (a) if the Sec16 retary— 

17 ‘‘(1) determines that such a waiver is in the na18 tional security interests of the United States; and 

19 ‘‘(2) on or before the date on which the waiver 

20 takes effect, notifies the Committee on Foreign Re21 lations of the Senate and the Committee on Foreign 

22 Affairs of the House of Representatives of the intent 

23 to waive such subsection.’’. 

24 (b) VISA APPLICANTS.—Title II of the United States25 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), 


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1 as amended by subsection (a), is further amended by add2 ing at the end the following: 

3 ‘‘SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR 

4 VISAS TO STUDY OR WORK IN THE UNITED 

5 STATES. 

6 ‘‘(a) STATEMENT OF POLICY.—Notwithstanding any 

7 other provision of law, applications for visas to enter, 

8 study, or work in the United States, which are submitted 

9 by otherwise qualified applicants who resided in Hong 

10 Kong in 2014, shall not be denied on the basis of the ap11 plicant’s arrest, detention, or other adverse government 

12 action taken as a result of the applicant’s participation 

13 in nonviolent protest activities related to the electoral 

14 process, internationally recognized human rights, pro15 tecting an independent judiciary, or the rule of law. 

16 ‘‘(b) IMPLEMENTATION.—The Secretary of State 

17 shall take such steps as may be necessary to ensure that 

18 consular officers are aware of the policy described in sub19 section (a) and receive appropriate training and support 

20 to ensure that the policy is carried out so that affected 

21 individuals do not face discrimination or unnecessary 

22 delay in the processing of their visa applications, includ23 ing— 


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1 ‘‘(1) providing specialized training for consular 

2 officers posted to Hong Kong, Beijing, Guangzhou, 

3 or Macau; 

4 ‘‘(2) instructing the United States Consulate in 

5 Hong Kong to maintain an active list of individuals 

6 whom are known to have been detained, arrested, or 

7 otherwise targeted by the Government of Hong 

8 Kong or of China, or intermediaries of such govern9 ments, as a result of their participation in the 2014 

10 protests, to facilitate the cross-checking of visa ap11 plications for Hong Kong residents; 

12 ‘‘(3) amending the physical and online versions 

13 of the visa application, as necessary, to notify rel14 evant applicants of such policy; and 

15 ‘‘(4) instructing personnel at the United States 

16 Consulate in Hong Kong to engage with relevant in17 dividuals in the Hong Kong community to 

18 proactively inform them that they will not face dis19 crimination when applying for a visa to the United 

20 States due to any adverse action taken against them 

21 by the authorities as a result of their participation 

22 in the 2014 protests or other peaceful pro-democracy 

23 or human rights demonstrations. 

24 ‘‘(c) COOPERATION WITH LIKE-MINDED COUN25 TRIES.—The Secretary of State, or his or her designee, 


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1 shall contact appropriate representatives of other demo2 cratic countries, particularly those who receive a large 

3 number of applicants for student and employment visas 

4 from Hong Kong— 

5 ‘‘(1) to inform them of the United States policy 

6 regarding arrests for participation in nonviolent pro7 tests in Hong Kong; 

8 ‘‘(2) to encourage them to take similar steps to 

9 ensure the rights of nonviolent protesters are pro10 tected from discrimination due to the actions of the 

11 Government of Hong Kong and of China; and 

12 ‘‘(3) to offer to share information, as appro13 priate, regarding the execution of such policy, in14 cluding information regarding persons eligible for re15 lief under such policy.’’. 

16 SEC. 5. ANNUAL REPORT ON ENFORCEMENT OF UNITED 

17 STATES EXPORT CONTROL AND SANCTIONS 

18 LAWS BY HONG KONG. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, and annually thereafter, 

21 the Secretary of Commerce, in consultation with the Sec22 retary of the Treasury and the Secretary of State, shall 

23 submit a report to the committees specified in subsection 

24 (b) that includes— 


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1 (1) an assessment of whether the Government 

2 of Hong Kong has adequately enforced the export 

3 control laws of the United States with respect to 

4 sensitive dual-use items; 

5 (2) to the extent possible, an identification of— 

6 (A) any items that were reexported from 

7 Hong Kong in violation of such laws; 

8 (B) the countries and persons to which 

9 such items were reexported; and 

10 (C) how such items were used; 

11 (3) an assessment of whether sensitive dual-use 

12 items subject to the export control laws of the 

13 United States are being— 

14 (A) transshipped through Hong Kong; and 

15 (B) used to develop— 

16 (i) the Sharp Eyes, Skynet, Inte17 grated Joint Operations Platform, or other 

18 systems of mass surveillance and predictive 

19 policing; or 

20 (ii) the ‘‘social credit’’ system of 

21 China; 

22 (4) an assessment of the efforts by the Govern23 ment of China to use the status of Hong Kong as 

24 a separate customs territory to import items into 

25 China in violation of the export control laws of the 


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1 United States, whether as part of the Greater Bay 

2 Area plan, the assignment of Hong Kong by Beijing 

3 as a national technology and innovation center, or 

4 through other programs that may exploit Hong 

5 Kong as a conduit for controlled sensitive tech6 nology; 

7 (5) an assessment of whether the Government 

8 of Hong Kong has adequately enforced sanctions im9 posed by the United States and the United Nations; 

10 and 

11 (6) a description of the types of goods and serv12 ices transshipped or reexported through Hong Kong 

13 in violation of such sanctions to— 

14 (A) North Korea or Iran; or 

15 (B) other countries, regimes, or persons 

16 subject to such sanctions for engaging in activi17 ties— 

18 (i) relating to international terrorism, 

19 international narcotics trafficking, or the 

20 proliferation of weapons of mass destruc21 tion; or 

22 (ii) that otherwise present a threat to 

23 the national security, foreign policy, or 

24 economy of the United States. 


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1 (b) COMMITTEES SPECIFIED.—The committees spec2 ified in this subsection are— 

3 (1) the Committee on Foreign Relations of the 

4 Senate; 

5 (2) the Committee on Banking, Housing, and 

6 Urban Affairs of the Senate; 

7 (3) the Committee on Commerce, Science, and 

8 Transportation of the Senate; 

9 (4) the Committee on Foreign Affairs of the 

10 House of Representatives; and 

11 (5) the Committee on Energy and Commerce of 

12 the House of Representatives. 

13 (c) FORM OF REPORT.—The report required under 

14 subsection (a) shall be submitted in unclassified form, but 

15 may include a classified annex. 

16 SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTH17 ERS FROM RENDITION TO MAINLAND CHINA. 

18 (a) FINDINGS.—Congress makes the following find19 ings: 

20 (1) The proposed amendments to Hong Kong’s 

21 Fugitive Ordinance, if enacted— 

22 (A) would allow rendition from Hong Kong 

23 of residents or foreign nationals to countries— 


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1 (i) with criminal procedure systems 

2 that lack strong protections for the rights 

3 of defendants; or 

4 (ii) in which the law is used as to re5 press internationally recognized human 

6 rights, including to mainland China; 

7 (B) would remove independent legislative 

8 oversight and appropriate judicial review of ex9 tradition requests; 

10 (C) may increase the influence of the Gov11 ernment of China in Hong Kong and further 

12 erode the autonomy guaranteed Hong Kong by 

13 the Joint Declaration; and 

14 (D) would erode Hong Kong’s reputation 

15 as a center of commerce and freedom governed 

16 by the rule of law. 

17 (2) The Government of China has subjected 

18 Chinese and foreign nationals, including citizens of 

19 the United States, Canada, Australia, Sweden, and 

20 Taiwan, to arbitrary detention, televised confessions, 

21 denial of legal representation and medical treatment, 

22 and other types of mistreatment. 

23 (b) POLICY STATEMENTS.—It is the policy to the 

24 United States— 


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1 (1) to ensure that United States citizens are 

2 protected from rendition to mainland China; 

3 (2) pursuant to section 103(7) of the United 

4 States-Hong Kong Policy Act of 1992 (22 U.S.C. 

5 5713(7)), to encourage United States businesses ‘‘to 

6 continue to operate in Hong Kong in accordance 

7 with applicable United States and Hong Kong law’’; 

8 and 

9 (3) pursuant to section 201(b) of such Act (22 

10 U.S.C. 5721(b)), to decide whether the Government 

11 of Hong Kong is ‘‘legally competent to carry out its 

12 obligations’’ under treaties and international agree13 ments established between the United States and 

14 Hong Kong. 

15 (c) RESPONSE TO THREAT OF RENDITION.—If the 

16 proposed amendments to Hong Kong’s Fugitive Offenders 

17 Ordinance are enacted, and the amended law allows ren18 ditions to countries that lack protection for the rights of 

19 defendants— 

20 (1) not later than 30 days after the date of the 

21 enactment of such amendments, the President shall 

22 submit a report to the appropriate congressional 

23 committees that— 

24 (A) assesses whether the Government of 

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1 ister the United States-Hong Kong Agreement 

2 for the Surrender of Fugitive Offenders; 

3 (B) determines whether any additional au4 thorities are needed to revise or withdraw from 

5 that treaty to protect United States citizens 

6 and national security and to support the guar7 anteed protections of the Joint Declaration; and 

8 (C) includes a strategy for protecting 

9 United States citizens from rendition to main10 land China from Hong Kong, including an as11 sessment of— 

12 (i) whether additional resources are 

13 needed for American Citizen Services at 

14 the United States Consulate in Hong 

15 Kong; and 

16 (ii) whether the Department of State 

17 will revise the travel advisory for Hong 

18 Kong to reflect the potential impact of the 

19 revised Fugitive Offenders Ordinance on 

20 United States residents and individuals 

21 traveling to, or transiting through, Hong 

22 Kong; and 

23 (2) if the Government of Hong Kong enacts a 

24 new law regarding national security, pursuant to Ar25 ticle 23 of the Basic Law, the President and the 


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1 Secretary of State shall take the actions required 

2 under paragraph (1) and any additional actions re3 quired under section 202 of the United States-Hong 

4 Kong Policy Act of 1992 (U.S.C. 5722) unless Sec5 retary of State certifies that— 

6 (A) the new law does not violate the guar7 antees of the Joint Declaration; and 

8 (B) the internationally recognized human 

9 rights of Hong Kong citizens and foreign resi10 dents will not be restricted as a result of the 

11 new law’s implementation. 

12 SEC. 7. IDENTIFICATION OF PERSONS RESPONSIBLE FOR 

13 ABDUCTIONS AND FOR OTHER ACTIONS TO 

14 SUPPRESS BASIC FREEDOMS IN HONG KONG. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of the enactment of this Act, and annually thereafter 

17 in conjunction with the publication of the report required 

18 under section 301 of the Hong Kong Policy Act of 1992 

19 (22 U.S.C. 5731) the President shall submit, to the appro20 priate congressional committees, a list containing the 

21 name of each person who the President determines, based 

22 on credible information, is responsible for— 

23 (1) the surveillance, abduction, detention, 

24 abuse, or forced confession of Gui Minhai, Lee Bo, 

25 Lam Wing-kee, Lui Bo, or Cheung Chi-ping, all of 


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1 whom are involved in the operation of the Mighty 

2 Current Publishing House based in Hong Kong; 

3 (2) the surveillance, abduction, detention, 

4 abuse, or forced confession of Guo Zhongxiao or 

5 Wang Jianmin, both of whom are involved in the op6 eration of magazine publications based in Hong 

7 Kong; or 

8 (3) the rendition to the mainland of the Peo9 ple’s Republic of China of any individual, or the ar10 bitrary detention, torture, or forced confession of 

11 any individual after rendition, in connection with the 

12 exercise by that individual of internationally recog13 nized human rights in Hong Kong, including such 

14 individuals extradited to the mainland of the Peo15 ple’s Republic of China under any amended fugitive 

16 offenders ordinance in Hong Kong. 

17 (b) CONSIDERATION OF CERTAIN INFORMATION.—In 

18 preparing the list required under subsection (a), the Presi19 dent shall consider— 

20 (1) information provided by the chairperson and 

21 ranking member of each of the appropriate congres22 sional committees; and 

23 (2) credible information obtained by other coun24 tries or nongovernmental organizations, including or25 ganizations inside China or Hong Kong, that monVerDate Sep 11 2014 22:06 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.IH H3289

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1 itor the human rights abuses of the Government of 

2 the China or its agents. 

3 (c) REQUESTS BY CHAIRPERSON AND RANKING

4 MEMBER OF APPROPRIATE CONGRESSIONAL COMMIT5 TEES.— 

6 (1) IN GENERAL.—Not later than 120 days 

7 after receiving a written request from the chair8 person and ranking member of 1 of the appropriate 

9 congressional committees with respect to whether a 

10 person meets the criteria for being added to the list 

11 required under subsection (a), the President shall 

12 submit a response to the chairperson and ranking 

13 member of the committee that made the request 

14 with respect to the status of the person. 

15 (2) INFORMATION ABOUT REMOVAL DECI16 SIONS.—If the President removes from the list re17 quired under subsection (a) a person that was placed 

18 on the list at the request of the chairperson and 

19 ranking member of 1 of the appropriate congres20 sional committees, the President shall provide the 

21 chairperson and ranking member with any informa22 tion that contributed to the decision to remove the 

23 person. 

24 (3) FORM.—The President may submit a re25 sponse required under paragraph (1) in classified 


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1 form if the President determines that such classi2 fication is vital to the national security interests of 

3 the United States. 

4 SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY 

5 MEMBERS. 

6 (a) IN GENERAL.—Section 212(a)(2) of the Immi7 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

8 amended by adding at the end the following: 

9 ‘‘(J) CERTAIN ALIENS RESPONSIBLE FOR

10 ABDUCTIONS OR EXTRADITIONS FROM HONG

11 KONG.—Any alien included in the list submitted 

12 by the President under section 7(a) of the 

13 Hong Kong Human Rights and Democracy Act 

14 of 2019 is inadmissible.’’. 

15 (b) CURRENT VISAS REVOKED.— 

16 (1) IN GENERAL.—The issuing consular officer, 

17 the Secretary of State, or the Secretary of Home18 land Security (or a designee of either Secretary) 

19 shall revoke any visa or other entry documentation 

20 issued to any alien who is included on the list re21 quired under section 7(a), regardless of when such 

22 visa or entry documentation was issued. 

23 (2) EFFECTIVE DATE.—Revocations under 

24 paragraph (1) shall take effect on the date such ac25 tion is taken and shall automatically cancel any 


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1 other valid visa or entry documentation that is in 

2 the alien’s possession. 

3 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

4 (1) IN GENERAL.—The Secretary of State may 

5 waive, with respect to an alien, the application of 

6 section 212(a)(2) of the Immigration and Nation7 ality Act, as amended by subsection (a), or the ap8 plication of subsection (b) if the Secretary— 

9 (A) determines that such waiver— 

10 (i) is necessary to permit the United 

11 States to comply with the Agreement be12 tween the United Nations and the United 

13 States of America regarding the Head14 quarters of the United Nations, signed 

15 June 26, 1947, and entered into force No16 vember 21, 1947, or other applicable inter17 national obligations of the United States; 

18 or 

19 (ii) is vital to the national security in20 terests of the United States; and 

21 (B) before granting such waiver, provides 

22 to the appropriate congressional committees no23 tice of, and a justification for, the waiver. 

24 (2) TIMING FOR CERTAIN WAIVERS.—Notifica25 tion under subparagraph (B) of paragraph (1) shall 


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1 be made not later than 15 days before granting a 

2 waiver under such paragraph if the Secretary grants 

3 such waiver under subparagraph (A)(ii) of such 

4 paragraph. 

5 (d) REGULATORY AUTHORITY.—The Secretary of 

6 State shall prescribe such regulations as may be necessary 

7 to carry out this section. 

8 SEC. 9. FINANCIAL MEASURES. 

9 (a) BLOCKING OF PROPERTY.—The President shall 

10 exercise all powers granted by the International Emer11 gency Economic Powers Act (50 U.S.C. 1701 et seq.) (ex12 cept that the requirements of section 202 of such Act (50 

13 U.S.C. 1701) shall not apply) to the extent necessary to 

14 block and prohibit all transactions in all property and in15 terests in property of a person on the list required under 

16 section 7(a) if such property and interests in property— 

17 (1) are in the United States; 

18 (2) come within the United States; or 

19 (3) are or come within the possession or control 

20 of a United States person. 

21 (b) EXCEPTION FOR IMPORTATION OF GOODS.— 

22 (1) IN GENERAL.—The requirement to impose 

23 sanctions under subsection (a) shall not include the 

24 authority to impose sanctions with respect to the im25 portation of goods. 


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1 (2) GOOD DEFINED.—In this subsection, the 

2 term ‘‘good’’ means any article, natural or manmade 

3 substance, material, supply or manufactured prod4 uct, including inspection and test equipment, and ex5 cluding technical data. 

6 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

7 The President may waive the application of subsection (a) 

8 if the President— 

9 (1) determines that such waiver is vital for the 

10 national security interests of the United States; and 

11 (2) not later than 15 days before granting the 

12 waiver, submits to the appropriate congressional 

13 committees notice of, and a justification for, the 

14 waiver. 

15 (d) ENFORCEMENT.— 

16 (1) PENALTIES.—Any person that violates, at17 tempts to violate, conspires to violate, or causes a 

18 violation of subsection (a) or any regulation, license, 

19 or order issued to carry out that subsection shall be 

20 subject to the penalties set forth in subsections (b) 

21 and (c) of section 206 of the International Emer22 gency Economic Powers Act (50 U.S.C. 1705) to the 

23 same extent as a person that commits an unlawful 

24 act described in subsection (a) of such section. 


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1 (2) REQUIREMENTS FOR FINANCIAL INSTITU2 TIONS.—Not later than 120 days after the date of 

3 the enactment of this Act, the Secretary of the 

4 Treasury shall prescribe or amend regulations to the 

5 extent necessary to require each financial institution 

6 that is a United States person and has within its 

7 possession or control assets that are property or in8 terests in property of a person on the list required 

9 under section 7(a) to certify to the Secretary that, 

10 to the best of the knowledge of the financial institu11 tion, the financial institution has blocked all assets 

12 within the possession or control of the financial in13 stitution in accordance with subsection (a). 

14 (3) NOTIFICATION TO CONGRESS.—Not later 

15 than 10 days before prescribing or revising regula16 tions under paragraph (2), the President shall notify 

17 the appropriate congressional committees of the pro18 posed regulations and the provisions of this Act or 

19 amendments made by this Act that the regulations 

20 are implementing. 

21 (e) RULEMAKING.—The Secretary of the Treasury 

22 shall issue such regulations, licenses, and orders as may 

23 be necessary to carry out this section. 


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•HR 3289 IH

1 SEC. 10. REPORTS TO CONGRESS. 

2 (a) IN GENERAL.—The President shall submit a re3 port to the appropriate congressional committees that in4 cludes— 

5 (1) a list of each foreign person with respect to 

6 which the President imposed sanctions pursuant to 

7 section 8 or 9 during the 1-year period preceding the 

8 submission of the report; 

9 (2) a description of the type of sanctions im10 posed with respect to each such person; 

11 (3) the number of foreign persons with respect 

12 to which the President— 

13 (A) imposed sanctions under section 8 or 

14 9 during that year; and 

15 (B) terminated sanctions under section 8 

16 or 9 during that year; 

17 (4) the dates on which such sanctions were im18 posed or terminated; and 

19 (5) the reasons for imposing or terminating 

20 such sanctions. 

21 (b) DATES FOR SUBMISSION.— 

22 (1) INITIAL REPORT.—The President shall sub23 mit the initial report under subsection (a) not later 

24 than 1 year after the date of the enactment of this 

25 Act. 

26 (2) SUBSEQUENT REPORTS.— 


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•HR 3289 IH

1 (A) IN GENERAL.—The President shall 

2 submit a report under subsection (a) on Decem3 ber 10, or the first day thereafter on which 

4 both Houses of Congress are in session, of— 

5 (i) the calendar year in which the ini6 tial report is submitted if the initial report 

7 is submitted before December 10 of that 

8 calendar year; and 

9 (ii) each calendar year thereafter. 

10 (c) FORM OF REPORT.— 

11 (1) IN GENERAL.—Each report required under 

12 subsection (a) shall be submitted in unclassified 

13 form, but may include a classified annex. 

14 (2) EXCEPTION.—The name of a foreign person 

15 to be included in the list required under subsection 

16 (a)(1) may not be included in the classified annex 

17 authorized under paragraph (1) unless the Presi18 dent— 

19 (A) determines that such inclusion is vital 

20 to the national security interests of the United 

21 States; 

22 (B) uses the annex in a manner consistent 

23 with congressional intent and the purposes of 

24 this Act; and 


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•HR 3289 IH

1 (C) not later than 15 days before including 

2 such name in the classified annex, provides to 

3 the appropriate congressional committees notice 

4 of, and a justification for, including the name 

5 in the classified annex despite any publicly 

6 available credible information indicating that 

7 the person engaged in an activity described in 

8 section 8 or 9. 

9 (d) PUBLIC AVAILABILITY.— 

10 (1) IN GENERAL.—The unclassified portion of 

11 the report required under subsection (a) shall be 

12 made available to the public, including through pub13 lication in the Federal Register. 

14 (2) NONAPPLICABILITY OF CONFIDENTIALITY

15 REQUIREMENT WITH RESPECT TO VISA RECORDS.— 

16 The President shall publish the list required under 

17 subsection (a)(1) without regard to the requirements 

18 under section 222(f) of the Immigration and Nation19 ality Act (8 U.S.C. 1202(f)) with respect to con20 fidentiality of records pertaining to the issuance or 

21 refusal of visas or permits to enter the United 

22 States. 

Æ 


pbinns on DSK79D2C42PROD with BILLS