II 

116TH CONGRESS 

1ST SESSION S. 2386 

To impose sanctions with respect to surveillance in the Xinjiang Uygur 

Autonomous Region of the People’s Republic of China, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2019 

Mr. CRUZ (for himself and Mr. BLUMENTHAL) introduced the following bill; 

which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To impose sanctions with respect to surveillance in the 

Xinjiang Uygur Autonomous Region of the People’s Republic of China, 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. 

4 This Act may be cited as the ‘‘Targeting Invasive 

5 Autocratic Networks, And Necessary Mandatory Export 

6 Notifications Act of 2019’’ or the ‘‘TIANANMEN Act of 

7 2019’’. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 


kjohnson on DSK79L0C42 with BILLS
2 

•S 2386 IS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Relations 

5 and the Committee on Banking, Housing, and 

6 Urban Affairs of the Senate; and 

7 (B) the Committee on Foreign Affairs and 

8 the Committee on Financial Services of the 

9 House of Representatives. 

10 (2) ENTITY LIST.—The term ‘‘entity list’’ 

11 means the entity list maintained by the Bureau of 

12 Industry and Security and set forth in Supplement 

13 No. 4 to part 744 of the Export Administration 

14 Regulations. 

15 (3) EXPORT ADMINISTRATION REGULATIONS.— 

16 The term ‘‘Export Administration Regulations’’ 

17 means subchapter C of chapter VII of title 15, Code 

18 of Federal Regulations. 

19 (4) FOREIGN ENTITY.—The term ‘‘foreign enti20 ty’’ means any entity that is not a United States en21 tity. 

22 (5) ISSUER; SECURITY.—The terms ‘‘issuer’’ 

23 and ‘‘security’’ have the meanings given those terms 

24 in section 3(a) of the Securities Exchange Act of 

25 1934 (15 U.S.C. 78c(a)). 


kjohnson on DSK79L0C42 with BILLS
3 

•S 2386 IS

1 (6) NATIONAL SECURITIES EXCHANGE.—The 

2 term ‘‘national securities exchange’’ means an ex3 change that is registered as a national securities ex4 change under section 6 of the Securities Exchange 

5 Act of 1934 (15 U.S.C. 78f). 

6 (7) SURVEILLANCE.—The term ‘‘surveillance’’ 

7 means the tracking of individuals and the analysis of 

8 their behaviors. 

9 (8) SURVEILLANCE TECHNOLOGY.—The term 

10 ‘‘surveillance technology’’ means goods and services, 

11 including software and hardware, that enable or fa12 cilitate surveillance, including video and imaging 

13 technology, facial recognition software, artificial in14 telligence, genetic engineering technology, Global Po15 sitioning System navigation technology, and data 

16 analytics. 

17 (9) UNITED STATES ENTITY.—The term 

18 ‘‘United States entity’’ means an entity organized 

19 under the laws of the United States or any jurisdic20 tion within the United States. 

21 (10) UNITED STATES PERSON.—The term 

22 ‘‘United States person’’ means— 

23 (A) a United States citizen or an alien law24 fully admitted to the United States for perma25 nent residence; or 


kjohnson on DSK79L0C42 with BILLS
4 

•S 2386 IS

1 (B) a United States entity. 

2 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR3 EIGN ENTITIES THAT FACILITATE SURVEIL4 LANCE IN XINJIANG. 

5 (a) IN GENERAL.—The President shall impose the 

6 sanctions described in subsection (c) with respect to each 

7 foreign entity on the list required by subsection (b). 

8 (b) LIST REQUIRED.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of the enactment of this Act, and every 180 

11 days thereafter, the President shall submit to the 

12 appropriate congressional committees a list of for13 eign entities that the President determines, on or 

14 after such date of enactment, provide to the Govern15 ment of the People’s Republic of China surveillance 

16 technology that is used by that Government to con17 duct surveillance in the Xinjiang Uygur Autonomous 

18 Region of the People’s Republic of China. 

19 (2) CONSIDERATION OF CERTAIN ENTITIES.— 

20 (A) IN GENERAL.—Before submitting each 

21 list required by paragraph (1), the President 

22 shall— 

23 (i) make a determination with respect 

24 to whether to include each entity specified 

25 in subparagraph (B) on the list; and 


kjohnson on DSK79L0C42 with BILLS
5 

•S 2386 IS

1 (ii) submit each such determination to 

2 the appropriate congressional committees 

3 with the list. 

4 (B) ENTITIES SPECIFIED.—The entities 

5 specified in this subparagraph are the following: 

6 (i) Beijing Wanlihong Technology Co., 

7 Ltd. 

8 (ii) China Communications Services 

9 Co., Ltd. 

10 (iii) China Electronics Technology 

11 Group Corporation. 

12 (iv) CloudWalk Technology Co., Ltd. 

13 (v) Dahua Technology Co., Ltd. 

14 (vi) Hangzhou Hikvision Digital Tech15 nology Co., Ltd. 

16 (vii) Hebei Far East Communication 

17 System Engineering Co., Ltd. 

18 (viii) iFlyTek Co., Ltd. 

19 (ix) Megvii Technology Ltd. 

20 (x) SenseTime. 

21 (xi) Shanghai Yitu Technology Co., 

22 Ltd. 

23 (xii) Xiamen Meiya Pico Information 

24 Co., Ltd. 


kjohnson on DSK79L0C42 with BILLS
6 

•S 2386 IS

1 (c) SANCTIONS.—The sanctions described in this sub2 section are the following: 

3 (1) EXPORT CONTROLS.—The Secretary of 

4 Commerce shall include each entity on the list re5 quired by subsection (b) on the entity list. 

6 (2) BLOCKING OF PROPERTY.—The President 

7 shall block and prohibit, in accordance with the 

8 International Emergency Economic Powers Act (50 

9 U.S.C. 1701 et seq.), all transactions in all property 

10 and interests in property of an entity on the list re11 quired by subsection (b), or any corporate officer or 

12 primary shareholder of such an entity, if such prop13 erty and interests in property are in the United 

14 States, come within the United States, or are or 

15 come within the possession or control of a United 

16 States person. 

17 (d) IMPLEMENTATION; PENALTIES.— 

18 (1) IMPLEMENTATION.—The President may ex19 ercise all authorities provided under sections 203 

20 and 205 of the International Emergency Economic 

21 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

22 this section. 

23 (2) PENALTIES.—A person that violates, at24 tempts to violate, conspires to violate, or causes a 

25 violation of subsection (c) or any regulation, license, 


kjohnson on DSK79L0C42 with BILLS
7 

•S 2386 IS

1 or order issued to carry out that subsection shall be 

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

3 and (c) of section 206 of the International Emer4 gency Economic Powers Act (50 U.S.C. 1705) to the 

5 same extent as a person that commits an unlawful 

6 act described in subsection (a) of that section. 

7 SEC. 4. IDENTIFICATION OF UNITED STATES ENTITIES 

8 THAT CONDUCT TRANSACTIONS THAT FA9 CILITATE SURVEILLANCE IN XINJIANG. 

10 (a) IDENTIFICATION.—Not later than 90 days after 

11 the date of the enactment of this Act, and every 180 days 

12 thereafter, the President shall submit to the appropriate 

13 congressional committees a list of United States entities 

14 that, on or after such date of enactment, conduct a trans15 action with, or transfer goods to, a foreign entity on the 

16 list required by section 3(a). 

17 (b) DISCLOSURES TO SECURITIES AND EXCHANGE

18 COMMISSION.—A United States entity included on the list 

19 required by subsection (a) that is an issuer of securities 

20 that are listed on a national securities exchange shall dis21 close any transactions or transfers described in subsection 

22 (a) in which the entity engaged in the first report required 

23 to be filed with the Securities and Exchange Commission 

24 by section 13(a)(2) of the Securities Exchange Act of 


kjohnson on DSK79L0C42 with BILLS
8 

•S 2386 IS

1 1934 (15 U.S.C. 78m(a)(2)) after the identification of the 

2 entity under subsection (a). 

3 SEC. 5. CONTINUATION IN EFFECT OF EXPORT CONTROLS 

4 WITH RESPECT TO HUAWEI TECHNOLOGIES 

5 CO. LTD. 

6 The Secretary of Commerce may not remove Huawei 

7 Technologies Co. Ltd., and its subsidiaries and affiliates, 

8 from the entity list until the President certifies to the ap9 propriate congressional committees that Huawei Tech10 nologies Co. Ltd.— 

11 (1) is not involved in activities that are contrary 

12 to the national security or foreign policy interests of 

13 the United States; and 

14 (2) does not conduct or facilitate surveillance in 

15 the Xinjiang Uygur Autonomous Region of the Peo16 ple’s Republic of China by the Government of the 

17 People’s Republic of China. 

Æ 


kjohnson on DSK79L0C42 with BILLS