II 

116TH CONGRESS 

1ST SESSION S. 1838 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2019 

Mr. RUBIO (for himself, Mr. CARDIN, Mr. RISCH, Mr. MENENDEZ, Mr. 

HAWLEY, Mr. KING, Mr. MARKEY, and Mr. COTTON) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

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: 

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. 


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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; 

20 (F) the Committee on Armed Services of 

21 the House of Representatives; 


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1 (G) the Committee on Financial Services 

2 of the House of Representatives; 

3 (H) the Committee on Foreign Affairs of 

4 the House of Representatives; 

5 (I) the Committee on Homeland Security 

6 of the House of Representatives; and 

7 (J) the Committee on the Judiciary of the 

8 House of Representatives. 

9 (3) CHINA.—The term ‘‘China’’ means the Peo10 ple’s Republic of China. 

11 (4) FINANCIAL INSTITUTION.—The term ‘‘fi12 nancial institution’’ has the meaning given that term 

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

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

15 credit system’’ means a system proposed by the Gov16 ernment of China, scheduled to be implemented by 

17 2020, that would aggregate data on every Chinese 

18 citizen and business from existing financial credit 

19 systems, mass surveillance, public records, online ac20 tivity, and artificial intelligence to expand the notion 

21 of a financial credit score, potentially rewarding or 

22 punishing certain financial, social, religious, or polit23 ical behaviors. 

24 (6) UNITED STATES PERSON.—The term 

25 ‘‘United States person’’ means— 


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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or of any jurisdiction within 

6 the United States, including a foreign branch of 

7 such an entity. 

8 SEC. 3. STATEMENT OF POLICY. 

9 It is the policy of the United States— 

10 (1) to reaffirm the principles and objectives set 

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

12 1992 (Public Law 102–383), namely that— 

13 (A) the United States has ‘‘a strong inter14 est in the continued vitality, prosperity, and 

15 stability of Hong Kong’’; 

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

17 fundamental principle of United States foreign 

18 policy’’; 

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

20 Hong Kong are of great importance to the 

21 United States and are directly relevant to 

22 United States interests in Hong Kong [and] 

23 serve as a basis for Hong Kong’s continued eco24 nomic prosperity’’; and 


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1 (D) Hong Kong must remain sufficiently 

2 autonomous from the People’s Republic of 

3 China to justify a different treatment under a 

4 particular law of the United States, or any pro5 vision thereof, from that accorded the People’s 

6 Republic of China; 

7 (2) to support the democratic aspirations of the 

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

9 Joint Declaration of the Government of the United 

10 Kingdom of Great Britain and Northern Ireland and 

11 the Government of the People’s Republic of China 

12 on the Question of Hong Kong, done at Beijing De13 cember 19, 1984 (referred to in this Act as the 

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

15 Civil and Political Rights, done at New York Decem16 ber 19, 1966, the Universal Declaration of Human 

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

18 Basic Law of the Hong Kong Special Administrative 

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

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

21 (3) to urge the Government of the People’s Re22 public of China to uphold its commitments to Hong 

23 Kong, including allowing the people of Hong Kong 

24 to rule Hong Kong with a high degree of autonomy 

25 and without undue interference, and ensuring that 


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1 Hong Kong voters freely enjoy the right to elect the 

2 Chief Executive and all members of the Hong Kong 

3 Legislative Council by universal suffrage; 

4 (4) to support the establishment of a genuine 

5 democratic option to freely and fairly nominate and 

6 elect the Chief Executive of Hong Kong, and the es7 tablishment by 2020 of open and direct democratic 

8 elections for all members of the Hong Kong Legisla9 tive Council; 

10 (5) to support the robust exercise by residents 

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

12 press as guaranteed to them by the Basic Law and 

13 the Joint Declaration; 

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

15 are afforded freedom from arbitrary or unlawful ar16 rest, detention, or imprisonment as guaranteed to 

17 them by the Basic Law and the Joint Declaration; 

18 (7) to draw international attention to any viola19 tions by the Government of the People’s Republic of 

20 China of the fundamental rights of residents of 

21 Hong Kong and any encroachment upon the auton22 omy guaranteed to Hong Kong by the Basic Law 

23 and the Joint Declaration; 

24 (8) to protect United States citizens and long25 term permanent residents living in Hong Kong and 


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1 those visiting and transiting through Hong Kong; 

2 and 

3 (9) to maintain the economic and cultural ties 

4 that provide significant benefits to the United States 

5 and Hong Kong. 

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

7 POLICY ACT OF 1992. 

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

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

10 amended— 

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

12 after ‘‘entered into before’’; and 

13 (2) adding at the end the following: 

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

15 AUTONOMY OF HONG KONG. 

16 ‘‘(a) REPORT.— 

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

18 shall annually certify to Congress, in conjunction 

19 with the report required under section 301, whether 

20 Hong Kong is sufficiently autonomous to justify spe21 cial treatment by the United States for bilateral 

22 agreements and programs, in accordance with this 

23 Act, including the degree to which Hong Kong’s au24 tonomy has been eroded due to actions taken by the 

25 Government of China that are inconsistent with its 


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1 commitments in the Basic Law and the Joint Dec2 laration and the impact of such erosion on specific 

3 areas of cooperation with the United States, includ4 ing on political rights, civil liberties, rule of law, 

5 freedom of information, religious freedom, and 

6 democratic governance in Hong Kong. 

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

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

9 State should consider the terms, obligations, and ex10 pectations expressed in the Joint Declaration with 

11 respect to Hong Kong. 

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

13 may waive the application of subsection (a) if the Sec14 retary— 

15 ‘‘(1) determines that such a waiver is in the na16 tional security interests of the United States; and 

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

18 takes effect, notifies the Committee on Foreign Re19 lations of the Senate and the Committee on Foreign 

20 Affairs of the House of Representatives of the intent 

21 to waive such subsection.’’. 

22 (b) VISA APPLICANTS.—Title II of the United States23 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), 

24 as amended by subsection (a), is further amended by add25 ing at the end the following: 


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

2 VISAS TO STUDY OR WORK IN THE UNITED 

3 STATES. 

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

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

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

7 by otherwise qualified applicants who resided in Hong 

8 Kong in 2014, shall not be denied on the basis of the ap9 plicant’s arrest, detention, or other adverse government 

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

11 in nonviolent protest activities related to the electoral 

12 process, internationally recognized human rights, pro13 tecting an independent judiciary, or the rule of law. 

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

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

16 consular officers are aware of the policy described in sub17 section (a) and receive appropriate training and support 

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

19 individuals do not face discrimination or unnecessary 

20 delay in the processing of their visa applications, includ21 ing— 

22 ‘‘(1) providing specialized training for consular 

23 officers posted to Hong Kong, Beijing, Guangzhou, 

24 or Macau; 

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

26 Hong Kong to maintain an active list of individuals 


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

2 otherwise targeted by the Government of Hong 

3 Kong or of China, or intermediaries of such govern4 ments, as a result of their participation in the 2014 

5 protests, to facilitate the cross-checking of visa ap6 plications for Hong Kong residents; 

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

8 of the visa application, as necessary, to notify rel9 evant applicants of such policy; and 

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

11 Consulate in Hong Kong to engage with relevant in12 dividuals in the Hong Kong community to 

13 proactively inform them that they will not face dis14 crimination when applying for a visa to the United 

15 States due to any adverse action taken against them 

16 by the authorities as a result of their participation 

17 in the 2014 protests or other peaceful pro-democracy 

18 or human rights demonstrations. 

19 ‘‘(c) COOPERATION WITH LIKE-MINDED COUN20 TRIES.—The Secretary of State, or his or her designee, 

21 shall contact appropriate representatives of other demo22 cratic countries, particularly those who receive a large 

23 number of applicants for student and employment visas 

24 from Hong Kong— 


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

2 regarding arrests for participation in nonviolent pro3 tests in Hong Kong; 

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

5 ensure the rights of nonviolent protesters are pro6 tected from discrimination due to the actions of the 

7 Government of Hong Kong and of China; and 

8 ‘‘(3) to offer to share information, as appro9 priate, regarding the execution of such policy, in10 cluding information regarding persons eligible for re11 lief under such policy.’’. 

12 SEC. 5. ANNUAL REPORT ON ENFORCEMENT OF UNITED 

13 STATES EXPORT CONTROL AND SANCTIONS 

14 LAWS BY 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 the Secretary of Commerce, in consultation with the Sec18 retary of the Treasury and the Secretary of State, shall 

19 submit a report to the committees specified in subsection 

20 (b) that includes— 

21 (1) an assessment of whether the Government 

22 of Hong Kong has adequately enforced the export 

23 control laws of the United States with respect to 

24 sensitive dual-use items; 

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


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1 (A) any items that were reexported from 

2 Hong Kong in violation of such laws; 

3 (B) the countries and persons to which 

4 such items were reexported; and 

5 (C) how such items were used; 

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

7 items subject to the export control laws of the 

8 United States are being— 

9 (A) transshipped through Hong Kong; and 

10 (B) used to develop— 

11 (i) the Sharp Eyes, Skynet, Inte12 grated Joint Operations Platform, or other 

13 systems of mass surveillance and predictive 

14 policing; or 

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

16 China; 

17 (4) an assessment of the efforts by the Govern18 ment of China to use the status of Hong Kong as 

19 a separate customs territory to import items into 

20 China in violation of the export control laws of the 

21 United States, whether as part of the Greater Bay 

22 Area plan, the assignment of Hong Kong by Beijing 

23 as a national technology and innovation center, or 

24 through other programs that may exploit Hong 


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1 Kong as a conduit for controlled sensitive tech2 nology; 

3 (5) an assessment of whether the Government 

4 of Hong Kong has adequately enforced sanctions im5 posed by the United States and the United Nations; 

6 and 

7 (6) a description of the types of goods and serv8 ices transshipped or reexported through Hong Kong 

9 in violation of such sanctions to— 

10 (A) North Korea or Iran; or 

11 (B) other countries, regimes, or persons 

12 subject to such sanctions for engaging in activi13 ties— 

14 (i) relating to international terrorism, 

15 international narcotics trafficking, or the 

16 proliferation of weapons of mass destruc17 tion; or 

18 (ii) that otherwise present a threat to 

19 the national security, foreign policy, or 

20 economy of the United States. 

21 (b) COMMITTEES SPECIFIED.—The committees spec22 ified in this subsection are— 

23 (1) the Committee on Foreign Relations of the 

24 Senate; 


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

2 Urban Affairs of the Senate; 

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

4 Transportation of the Senate; 

5 (4) the Committee on Foreign Affairs of the 

6 House of Representatives; and 

7 (5) the Committee on Energy and Commerce of 

8 the House of Representatives. 

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

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

11 may include a classified annex. 

12 SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTH13 ERS FROM RENDITION TO MAINLAND CHINA. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

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

17 Fugitive Ordinance, if enacted— 

18 (A) would allow rendition from Hong Kong 

19 of residents or foreign nationals to countries— 

20 (i) with criminal procedure systems 

21 that lack strong protections for the rights 

22 of defendants; or 

23 (ii) in which the law is used as to re24 press internationally recognized human 

25 rights, including to mainland China; 


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1 (B) would remove independent legislative 

2 oversight and appropriate judicial review of ex3 tradition requests; 

4 (C) may increase the influence of the Gov5 ernment of China in Hong Kong and further 

6 erode the autonomy guaranteed Hong Kong by 

7 the Joint Declaration; and 

8 (D) would erode Hong Kong’s reputation 

9 as a center of commerce and freedom governed 

10 by the rule of law. 

11 (2) The Government of China has subjected 

12 Chinese and foreign nationals, including citizens of 

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

14 Taiwan, to arbitrary detention, televised confessions, 

15 denial of legal representation and medical treatment, 

16 and other type of mistreatment. 

17 (b) POLICY STATEMENTS.—It is the policy of the 

18 United States— 

19 (1) to ensure that United States citizens are 

20 protected from rendition to mainland China; 

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

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

23 5713(7)), to encourage United States businesses ‘‘to 

24 continue to operate in Hong Kong in accordance 


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

2 and 

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

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

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

6 obligations’’ under treaties and international agree7 ments established between the United States and 

8 Hong Kong. 

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

10 proposed amendments to Hong Kong’s Fugitive Offenders 

11 Ordinance are enacted, and the amended law allows ren12 ditions to countries that lack protection for the rights of 

13 defendants— 

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

15 enactment of such amendments, the President shall 

16 submit a report to the appropriate congressional 

17 committees that— 

18 (A) assesses whether the Government of 

19 Hong Kong is ‘‘legally competent’’ to admin20 ister the United States-Hong Kong Agreement 

21 for the Surrender of Fugitive Offenders; 

22 (B) determines whether any additional au23 thorities are needed to revise or withdraw from 

24 that treaty to protect United States citizens 


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1 and national security and to support the guar2 anteed protections of the Joint Declaration; and 

3 (C) includes a strategy for protecting 

4 United States citizens from rendition to main5 land China from Hong Kong, including an as6 sessment of— 

7 (i) whether additional resources are 

8 needed for American Citizen Services at 

9 the United States Consulate in Hong 

10 Kong; and 

11 (ii) whether the Department of State 

12 will revise the travel advisory for Hong 

13 Kong to reflect the potential impact of the 

14 revised Fugitive Offenders Ordinance on 

15 United States residents and individuals 

16 traveling to, or transiting through, Hong 

17 Kong; and 

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

19 new law regarding national security, pursuant to Ar20 ticle 23 of the Basic Law, the President and the 

21 Secretary of State shall take the actions required 

22 under paragraph (1) and any additional actions re23 quired under section 202 of the United States-Hong 

24 Kong Policy Act of 1992 (U.S.C. 5722) unless Sec25 retary of State certifies that— 


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1 (A) the new law does not violate the guar2 antees of the Joint Declaration; and 

3 (B) the internationally recognized human 

4 rights of Hong Kong citizens and foreign resi5 dents will not be restricted as a result of the 

6 new law’s implementation. 

7 SEC. 7. IDENTIFICATION OF PERSONS RESPONSIBLE FOR 

8 ABDUCTIONS AND FOR OTHER ACTIONS TO 

9 SUPPRESS BASIC FREEDOMS IN HONG KONG. 

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

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

12 in conjunction with the publication of the report required 

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

14 (22 U.S.C. 5731) the President shall submit, to the appro15 priate congressional committees, a list containing the 

16 name of each person who the President determines, based 

17 on credible information, is responsible for— 

18 (1) the surveillance, abduction, detention, 

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

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

21 whom are involved in the operation of the Mighty 

22 Current Publishing House based in Hong Kong; 

23 (2) the surveillance, abduction, detention, 

24 abuse, or forced confession of Guo Zhongxiao or 

25 Wang Jianmin, both of whom are involved in the opVerDate Sep 11 2014 00:16 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1838.IS S1838

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1 eration of magazine publications based in Hong 

2 Kong; or 

3 (3) the rendition to the mainland of the Peo4 ple’s Republic of China of any individual, or the ar5 bitrary detention, torture, or forced confession of 

6 any individual after rendition, in connection with the 

7 exercise by that individual of internationally recog8 nized human rights in Hong Kong, including such 

9 individuals extradited to the mainland of the Peo10 ple’s Republic of China under any amended fugitive 

11 offenders ordinance in Hong Kong. 

12 (b) CONSIDERATION OF CERTAIN INFORMATION.—In 

13 preparing the list required under subsection (a), the Presi14 dent shall consider— 

15 (1) information provided by the chairperson and 

16 ranking member of each of the appropriate congres17 sional committees; and 

18 (2) credible information obtained by other coun19 tries or nongovernmental organizations, including or20 ganizations inside China or Hong Kong, that mon21 itor the human rights abuses of the Government of 

22 the China or its agents. 

23 (c) REQUESTS BY CHAIRPERSON AND RANKING

24 MEMBER OF APPROPRIATE CONGRESSIONAL COMMIT25 TEES.— 


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

2 after receiving a written request from the chair3 person and ranking member of 1 of the appropriate 

4 congressional committees with respect to whether a 

5 person meets the criteria for being added to the list 

6 required under subsection (a), the President shall 

7 submit a response to the chairperson and ranking 

8 member of the committee that made the request 

9 with respect to the status of the person. 

10 (2) INFORMATION ABOUT REMOVAL DECI11 SIONS.—If the President removes from the list re12 quired under subsection (a) a person that was placed 

13 on the list at the request of the chairperson and 

14 ranking member of 1 of the appropriate congres15 sional committees, the President shall provide the 

16 chairperson and ranking member with any informa17 tion that contributed to the decision to remove the 

18 person. 

19 (3) FORM.—The President may submit a re20 sponse required under paragraph (1) in classified 

21 form if the President determines that such classi22 fication is vital to the national security interests of 

23 the United States. 


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1 SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY 

2 MEMBERS. 

3 (a) IN GENERAL.—Section 212(a)(2) of the Immi4 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

5 amended by adding at the end the following: 

6 ‘‘(J) CERTAIN ALIENS RESPONSIBLE FOR

7 ABDUCTIONS OR EXTRADITIONS FROM HONG

8 KONG.—Any alien included in the list submitted 

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

10 Hong Kong Human Rights and Democracy Act 

11 of 2019 is inadmissible.’’. 

12 (b) CURRENT VISAS REVOKED.— 

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

14 the Secretary of State, or the Secretary of Home15 land Security (or a designee of either Secretary) 

16 shall revoke any visa or other entry documentation 

17 issued to any alien who is included on the list re18 quired under section 7(a), regardless of when such 

19 visa or entry documentation was issued. 

20 (2) EFFECTIVE DATE.—Revocations under 

21 paragraph (1) shall take effect on the date such ac22 tion is taken and shall automatically cancel any 

23 other valid visa or entry documentation that is in 

24 the alien’s possession. 

25 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 


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

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

3 section 212(a)(2) of the Immigration and Nation4 ality Act, as amended by subsection (a), or the ap5 plication of subsection (b) if the Secretary— 

6 (A) determines that such waiver— 

7 (i) is necessary to permit the United 

8 States to comply with the Agreement be9 tween the United Nations and the United 

10 States of America regarding the Head11 quarters of the United Nations, signed 

12 June 26, 1947, and entered into force No13 vember 21, 1947, or other applicable inter14 national obligations of the United States; 

15 or 

16 (ii) is vital to the national security in17 terests of the United States; and 

18 (B) before granting such waiver, provides 

19 to the appropriate congressional committees no20 tice of, and a justification for, the waiver. 

21 (2) TIMING FOR CERTAIN WAIVERS.—Notifica22 tion under subparagraph (B) of paragraph (1) shall 

23 be made not later than 15 days before granting a 

24 waiver under such paragraph if the Secretary grants 


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

2 paragraph. 

3 (d) REGULATORY AUTHORITY.—The Secretary of 

4 State shall prescribe such regulations as may be necessary 

5 to carry out this section. 

6 SEC. 9. FINANCIAL MEASURES. 

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

8 exercise all powers granted by the International Emer9 gency Economic Powers Act (50 U.S.C. 1701 et seq.) (ex10 cept that the requirements of section 202 of such Act (50 

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

12 block and prohibit all transactions in all property and in13 terests in property of a person on the list required under 

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

15 (1) are in the United States; 

16 (2) come within the United States; or 

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

18 of a United States person. 

19 (b) EXCEPTION FOR IMPORTATION OF GOODS.— 

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

21 sanctions under subsection (a) shall not include the 

22 authority to impose sanctions with respect to the im23 portation of goods. 

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

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


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1 substance, material, supply or manufactured prod2 uct, including inspection and test equipment, and ex3 cluding technical data. 

4 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

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

6 if the President— 

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

8 national security interests of the United States; and 

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

10 waiver, submits to the appropriate congressional 

11 committees notice of, and a justification for, the 

12 waiver. 

13 (d) ENFORCEMENT.— 

14 (1) PENALTIES.—Any person that violates, at15 tempts to violate, conspires to violate, or causes a 

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

17 or order issued to carry out that subsection shall be 

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

19 and (c) of section 206 of the International Emer20 gency Economic Powers Act (50 U.S.C. 1705) to the 

21 same extent as a person that commits an unlawful 

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

23 (2) REQUIREMENTS FOR FINANCIAL INSTITU24 TIONS.—Not later than 120 days after the date of 

25 the enactment of this Act, the Secretary of the 


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1 Treasury shall prescribe or amend regulations to the 

2 extent necessary to require each financial institution 

3 that is a United States person and has within its 

4 possession or control assets that are property or in5 terests in property of a person on the list required 

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

7 to the best of the knowledge of the financial institu8 tion, the financial institution has blocked all assets 

9 within the possession or control of the financial in10 stitution in accordance with subsection (a). 

11 (3) NOTIFICATION TO CONGRESS.—Not later 

12 than 10 days before prescribing or revising regula13 tions under paragraph (2), the President shall notify 

14 the appropriate congressional committees of the pro15 posed regulations and the provisions of this Act or 

16 amendments made by this Act that the regulations 

17 are implementing. 

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

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

20 be necessary to carry out this section. 

21 SEC. 10. REPORTS TO CONGRESS. 

22 (a) IN GENERAL.—The President shall submit a re23 port to the appropriate congressional committees that in24 cludes— 


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•S 1838 IS

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

2 which the President imposed sanctions pursuant to 

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

4 submission of the report; 

5 (2) a description of the type of sanctions im6 posed with respect to each such person; 

7 (3) the number of foreign persons with respect 

8 to which the President— 

9 (A) imposed sanctions under section 8 or 

10 9 during that year; and 

11 (B) terminated sanctions under section 8 

12 or 9 during that year; 

13 (4) the dates on which such sanctions were im14 posed or terminated; and 

15 (5) the reasons for imposing or terminating 

16 such sanctions. 

17 (b) DATES FOR SUBMISSION.— 

18 (1) INITIAL REPORT.—The President shall sub19 mit the initial report under subsection (a) not later 

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

21 Act. 

22 (2) SUBSEQUENT REPORTS.— 

23 (A) IN GENERAL.—The President shall 

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1 ber 10, or the first day thereafter on which 

2 both Houses of Congress are in session, of— 

3 (i) the calendar year in which the ini4 tial report is submitted if the initial report 

5 is submitted before December 10 of that 

6 calendar year; and 

7 (ii) each calendar year thereafter. 

8 (c) FORM OF REPORT.— 

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

10 subsection (a) shall be submitted in unclassified 

11 form, but may include a classified annex. 

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

13 to be included in the list required under subsection 

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

15 authorized under paragraph (1) unless the Presi16 dent— 

17 (A) determines that such inclusion is vital 

18 to the national security interests of the United 

19 States; 

20 (B) uses the annex in a manner consistent 

21 with congressional intent and the purposes of 

22 this Act; and 

23 (C) not later than 15 days before including 

24 such name in the classified annex, provides to 

25 the appropriate congressional committees notice 


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•S 1838 IS

1 of, and a justification for, including the name 

2 in the classified annex despite any publicly 

3 available credible information indicating that 

4 the person engaged in an activity described in 

5 section 8 or 9. 

6 (d) PUBLIC AVAILABILITY.— 

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

8 the report required under subsection (a) shall be 

9 made available to the public, including through pub10 lication in the Federal Register. 

11 (2) NONAPPLICABILITY OF CONFIDENTIALITY

12 REQUIREMENT WITH RESPECT TO VISA RECORDS.— 

13 The President shall publish the list required under 

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

15 under section 222(f) of the Immigration and Nation16 ality Act (8 U.S.C. 1202(f)) with respect to con17 fidentiality of records pertaining to the issuance or 

18 refusal of visas or permits to enter the United 

19 States. 

Æ 


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