Keep Huawei on the Entity List Act

Subjects: Foreign Trade and International Finance, Administrative law and regulatory procedures, Asia, China, Computers and information technology, Congressional oversight, Department of Commerce, Foreign and international corporations, Free trade and trade barriers, Licensing and registrations, Telephone and wireless communication, Trade restrictions

Summary:  <p><strong>Keep Huawei on the Entity List Act</strong></p> <p> This bill continues export controls on Huawei Technologies Co. Ltd., and it requires the Department of Commerce to designate Honor Device Co. Ltd. for inclusion on the list of entities subject to certain license requirements for exports.</p> <p> The bill prohibits Commerce from removing Huawei (or its subsidiaries or affiliates) from the entity list unless Commerce certifies that Huawei (1) has not engaged in activities that are contrary to U.S. national security or foreign policy interests and is unlikely to do so in the future; and (2) is not owned, controlled, or influenced by the Communist Party of China.</p> <p> Commerce must submit a monthly report identifying and describing all license applications to export, reexport, or transfer (in-country) certain items to Huawei or Honor, as well as whether those applications were approved or denied.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 686 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 686

 To require the continuation in effect of export controls with respect 
        to Huawei Technologies Co. Ltd., and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2023

    Mr. Steube (for himself, Mr. Webster of Florida, and Mr. Self) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the continuation in effect of export controls with respect 
        to Huawei Technologies Co. Ltd., 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 ``Keep Huawei on the Entity List 
Act''.

SEC. 2. CONTINUATION IN EFFECT OF EXPORT CONTROLS WITH RESPECT TO 
              HUAWEI TECHNOLOGIES CO. LTD.

    The Secretary of Commerce may not remove Huawei Technologies Co. 
Ltd., or its subsidiaries and affiliates, from the entity list or 
modify any of the licensing policies pursuant to its designation on the 
entity list, including the foreign direct product rule, unless the 
Secretary, with the concurrence of the End-User Review Committee by a 
unanimous vote of such Committee, certifies to the appropriate 
congressional committees that Huawei Technologies Co. Ltd., and its 
subsidiaries and affiliates--
            (1) have not engaged in activities that are contrary to 
        United States national security or foreign policy interests and 
        are unlikely to engage in such activities in the future; and
            (2) are not owned, controlled, or influenced by the 
        Communist Party of China.

SEC. 3. EXPORT CONTROLS WITH RESPECT TO HONOR DEVICE CO. LTD.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Commerce--
            (1) shall designate Honor Device Co. Ltd. for inclusion on 
        the entity list; and
            (2) shall publish a notification with respect to such 
        designation in the Federal Register.

SEC. 4. REPORT.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, and on a monthly basis thereafter, the Secretary 
of Commerce shall submit to the appropriate congressional committees a 
report that--
            (1) identifies and describes all license applications 
        received by the Department of Commerce to export, reexport, or 
        transfer (in-country) items subject to the Export 
        Administration Regulations to--
                    (A) Huawei Technologies Co. Ltd., or its 
                subsidiaries and affiliates; or
                    (B) Honor Device Co. Ltd; and
            (2) identifies whether such license applications were 
        approved or denied.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may contain a classified annex.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate.
            (2) End-user review committee.--The term ``End-User Review 
        Committee'' means the End-User Review Committee described in 
        Supplement No. 9 to part 748 of the Export Administration 
        Regulations.
            (3) Entity list.--The term ``entity list'' means the list 
        maintained by the Bureau of Industry and Security and set forth 
        in Supplement No. 4 to part 744 of the Export Administration 
        Regulations.
            (4) Export administration regulations.--The term ``Export 
        Administration Regulations'' means subchapter C of chapter VII 
        of title 15, Code of Federal Regulations.
                                 &lt;all&gt;
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