II

106TH CONGRESS

1ST SESSION S. 1430

To set forth the policy of the United States with respect to Macau, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 26, 1999

Mr. THOMAS (for himself and Mr. SMITH of Oregon) introduced the following

bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To set forth the policy of the United States with respect

to Macau, 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 ‘‘United States-Macau

5 Policy Act of 1999’’.

6 SEC. 2. FINDINGS AND DECLARATIONS.

7 The Congress makes the following findings and dec8 larations:

9 (1) The Congress recognizes that under the

10 Joint Declaration of the Government of the People’s
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1 Republic of China and the Government of the Re2 public of Portugal on the Question of Macau, dated

3 April 13, 1987—

4 (A) the People’s Republic of China and the

5 Republic of Portugal have agreed that the peo6 ple’s Republic of China will resume the exercise

7 of sovereignty over Macau on December 20,

8 1999, and until that time, Portugal will be re9 sponsible for the continuing administration of

10 Macau;

11 (B) the People’s Republic of China has

12 guaranteed that, on and after December 20,

13 1999, the Macau Special Administrative Region

14 of the People’s Republic of China, will continue

15 to enjoy a high degree of autonomy on all mat16 ters other than defense and foreign affairs;

17 (C) the People’s Republic of China will im18 plement a ‘‘one country, two systems’’ policy

19 with respect to Macau, under which Macau will

20 retain its current legal, social, and economic

21 systems until at least the year 2049;

22 (D) provision is made for the continuation

23 in force of bilateral and multilateral agreements

24 implemented as of December 20, 1999, and for
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1 the ability of the Macau Special Administrative

2 Region to conclude new agreements.

3 (2) The Congress supports the full and com4 plete implementation of the provisions of the Joint

5 Declaration.

6 (3) The Congress supports the policies and ob7 jectives set forth in the Joint Declaration.

8 (4) It is the sense of the Congress that—

9 (A) continued economic prosperity in

10 Macau furthers United States interests in Asia

11 and in our relationship with the People’s Re12 public of China;

13 (B)(i) support for principles of democracy

14 is a fundamental tenent of United States for15 eign policy, and as such, will also play a central

16 role in United States policy toward Macau, now

17 and after December 19, 1999; and

18 (ii) safeguarding the human rights of the

19 people of Macau is of great importance to the

20 United States and is directly relevant to United

21 States interests in Macau;

22 (iii) a fully successful transition in the ex23 ercise of sovereignty over Macau must safe24 guard those human rights; and
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1 (iv) human rights also serve as a basis for

2 Macau’s continued economic prosperity.

3 SEC. 3. DEFINITIONS.

4 For purposes of this Act—

5 (1) prior to December 20, 1999, the term

6 ‘‘Macau’’ means the Portuguese Dependent Terri7 tory of Macau, and on and after December 20,

8 1999, the term ‘‘Macau’’ means the Macau Special

9 Administrative Region of the People’s Republic of

10 China;

11 (2) the term ‘‘Joint Declaration’’ means the

12 Joint Declaration of the Government of the People’s

13 Republic of China and the Government of the Re14 public of Portugal on the Question of Macau, dated

15 April 13, 1987; and

16 (3) the term ‘‘laws of the United States’’ means

17 provisions of law enacted by the Congress.

18 TITLE I—POLICY

19 SEC. 101. SENSE OF CONGRESS.

20 It is the sense of the Congress that—

21 (1) the United States should play an active role

22 before, on, and after December 20, 1999, in assist23 ing Macau in maintaining its confidence and pros24 perity, its unique cultural heritage, and the mutually
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1 beneficial ties between the people of the United

2 States and the people of Macau; and

3 (2) through its policies, the United States

4 should assist Macau in maintaining a high degree of

5 autonomy in matters other than defense and foreign

6 affairs as guaranteed by the People’s Republic of

7 China and the Republic of Portugal in the Joint

8 Declaration, particularly with respect to such mat9 ters as trade, commerce, law enforcement, finance,

10 monetary policy, aviation, shipping, communications,

11 tourism, cultural affairs, sports, and participation in

12 international organizations, consistent with the na13 tional security and other interests of the United

14 States.

15 TITLE II—THE STATUS OF

16 MACAU IN UNITED STATES LAW

17 SEC. 201. CONTINUED APPLICATION OF UNITED STATES

18 LAW.

19 (a) IN GENERAL.—Notwithstanding any change in

20 the exercise of sovereignty over Macau, and subject to sub21 sections (b) and (c), the laws of the United States shall

22 continue to apply with respect to Macau, on and after De23 cember 20, 1999, in the same manner as the laws of the

24 United States were applied with respect to Macau before
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1 such date unless otherwise expressly provided by law or

2 by Executive order under section 202.

3 (b) INTERNATIONAL AGREEMENTS.—For all pur4 poses, including actions in any court of the United States,

5 the Congress approves of the continuation in force on and

6 after December 20, 1999, of all treaties and other inter7 national agreements, including multilateral conventions,

8 entered into before such date between the United States

9 and Macau, or entered into force before such date between

10 the United States and the Republic of Portugal with re11 spect to, or as applied to, Macau, unless or until termi12 nated in accordance with laws. If, in carrying out this title,

13 the President determines that Macau is not legally com14 petent to carry out its obligations under any such treaty

15 or other international agreement, or that the continuation

16 of Macau’s obligations or rights under any such treaty or

17 other international agreement is not appropriate under the

18 circumstances, the President shall promptly notify the

19 Committee on International Relations of the House of

20 Representatives and the Committee on Foreign Relations

21 of the Senate concerning such determination, and shall

22 take appropriate action to modify or terminate such treaty

23 or other international agreement.

24 (c) EXPORT CONTROLS.—Notwithstanding sub25 section (a) or any other provision of law, within 90 days
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1 after the date of the enactment of this Act the President—

2 in close consultation with the relevant committees of the

3 Congress—shall establish with respect to Macau, such ex4 port control policies and regulations as he determines to

5 be necessary to protect fully the national security interests

6 of the United States.

7 SEC. 202. PRESIDENTIAL ORDER.

8 (a) PRESIDENTIAL DETERMINATION.—On or after

9 December 20, 1999, whenever the President determines

10 that Macau is not sufficiently autonomous to justify treat11 ment under a particular law of the United States, or any

12 provision thereof, different from that accorded the Peo13 ple’s Republic of China, the President may issue an Exec14 utive order suspending the application of section 201(a)

15 to such law or provision of law. The President shall

16 promptly notify the Committee on International relations

17 of the House of Representatives and the Committee on

18 Foreign Relations of the Senate concerning any such de19 termination.

20 (b) FACTOR FOR CONSIDERATION.—In making a de21 termination under subsection (a) with respect to the appli22 cation of a law of the United States, or any provision

23 thereof, to Macau, the President should consider the

24 terms, obligations, and expectations expressed in the Joint

25 Declaration with respect to Macau.
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1 (c) PUBLICATION IN FEDERAL REGISTER.—Any Ex2 ecutive order issued under subsection (a) shall be pub3 lished in the Federal Register and shall specify the law

4 or provision of law affected by the order.

5 (d) TERMINATION OF SUSPENSION.—An Executive

6 order issued under subsection (a) may be terminated by

7 the President with respect to a particular law or provision

8 of law whenever the President determines that Macau has

9 regained sufficient autonomy to justify treatment under

10 the law or provision of law in question. Notice of any such

11 termination shall be published in the Federal Register.

12 SEC. 203. RULES AND REGULATIONS.

13 The President is authorized to prescribe such rules

14 and regulations as he considers appropriate to carry out

15 this Act.

16 SEC. 204. CONSULTATION WITH CONGRESS.

17 In carrying out this title, the President shall consult

18 appropriately with the Congress, in particular with—

19 (1) the Committee on International Relations,

20 and the Permanent Select Committee on Intelligence

21 of the House of Representatives; and

22 (2) the Committee on Foreign Relations, and

23 the select Committee on Intelligence of the Senate.
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1 TITLE III—REPORTING

2 PROVISIONS

3 SEC. 301. REPORTING REQUIREMENT.

4 Not later than 90 days after the date of the enact5 ment of this Act, and not later than March 31 of each

6 of the years 2000, 2001, and 2002, the Secretary of State

7 shall transmit to the Committee on International Rela8 tions of the House of Representatives and the Committee

9 on Foreign Relations of the Senate a report on conditions

10 in Macau of interest to the United States. This report

11 shall cover (in the case of the initial report) the period

12 since the date of the enactment of this Act or (in the case

13 of subsequent reports) the period since the most recent

14 report pursuant to this section, and shall describe, inter

15 alia—

16 (1) significant developments in United States

17 relations with Macau;

18 (2) significant developments related to any

19 change in the exercise of sovereignty over Macau af20 fecting United States interests in Macau or United

21 States relations with Macau and the People’s Repub22 lic of China;

23 (3) steps taken by the United States to imple24 ment section 201(c) (relating to export controls with

25 respect to Macau), including any significant prob-
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1 lems or other developments arising with respect to

2 the application of United States export controls to

3 Macau;

4 (4) the laws of the United States with respect

5 to which the application of section 201(a) (relating

6 to the application of United States laws to Macau)

7 has been suspended pursuant to section 202(a) or

8 with respect to which such a suspension has been

9 terminated pursuant to section 202(d), and the rea10 sons for the suspension or termination, as the case

11 may be;

12 (5) the treaties and other international agree13 ments with respect to which the President has made

14 a determination described in the last sentence of sec15 tion 201(b) (relating to the application of treaties

16 and other international agreements to Macau), the

17 reasons for each such determination, and the steps

18 taken as a result of such determination;

19 (6) the development of democratic institutions

20 in Macau;

21 (7) compliance by the Government of the Peo22 ple’s Republic of China and the Government of the

23 republic of Portugal with their obligations under the

24 Joint Declaration; and
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1 (8) the nature and extent of Macau’s participa2 tion in multilateral forums.

3 SEC. 302. SEPARATE PART OF COUNTRY REPORTS.

4 Whenever a report is transmitted to the Congress on

5 a country-by-country basis, there shall be included in such

6 report, where applicable, a separate subreport on Macau

7 under the heading of the state that exercises sovereignty

8 over Macau.

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