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106TH CONGRESS
1ST SESSION
H. R. 825
To set forth the policy of the United States with respect to Macau, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1999
Mr. BEREUTER (for himself, Mr. LANTOS, Mr. ROYCE, Mr. BERMAN, Mr.
MANZULLO, and Mr. FALEOMAVAEGA) introduced the following bill;
which was referred to the Committee on International Relations
A BILL
To set forth the policy of the United States with respect
to Macau, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United States-Macau
Policy Act of 1999’’.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress makes the following findings and dec-
larations:
(1) The Congress recognizes that under the
April 13, 1987, Joint Declaration of the Government
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of the People’s Republic of China and the Govern-
ment of the Republic of Portugal on the Question of
Macau—
(A) the People’s Republic of China and the
Republic of Portugal have agreed that the Peo-
ple’s Republic of China will resume the exercise
of sovereignty over Macau on December 20,
1999, and until that time, Portugal will be re-
sponsible for the administration of Macau;
(B) the Macau Special Administrative Re-
gion of the People’s Republic of China, begin-
ning on December 20, 1999, will continue to
enjoy a high degree of autonomy on all matters
other than defense and foreign affairs;
(C) there is provision for implementation
of a ‘‘one country, two systems’’ policy, under
which Macau will retain its current lifestyle and
legal, social, and economic systems until at
least the year 2049;
(D) the legislature of the Macau Special
Administrative Region has been constituted by
elections; and
(E) provision is made for the continuation
in force of agreements implemented as of De-
cember 20, 1999, and for the ability of the
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Macau Special Administrative Region to con-
clude new agreements.
(2) The Congress declares its wish to see full
implementation of the provisions of the Joint Dec-
laration.
(3) The Congress supports the policies and de-
cisions reflected in the Joint Declaration.
(4) It is the sense of the Congress that—
(A) Macau’s continued economic prosperity
furthers United States interests in the People’s
Republic of China and Asia;
(B) support for democratization is a fun-
damental principle of United States foreign pol-
icy, and as such, that principle naturally applies
to United States policy toward Macau, now and
after December 19, 1999; and
(C)(i) the human rights of the people of
Macau are of great importance to the United
States and are directly relevant to United
States interests in Macau;
(ii) a fully successful transition in the exer-
cise of sovereignty over Macau must safeguard
human rights in and of themselves; and
(iii) human rights also serve as a basis for
Macau’s continued economic prosperity.
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SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Macau’’ means, prior to Decem-
ber 20, 1999, the Portuguese Dependent Territory
of Macau, and on and after December 20, 1999, the
Macau Special Administrative Region of the People’s
Republic of China;
(2) the term ‘‘Joint Declaration’’ means the
Joint Declaration of the Government of the People’s
Republic of China and the Government of the Re-
public of Portugal on the Question of Macau, of
April 13, 1987; and
(3) the term ‘‘laws of the United States’’ means
provisions of law enacted by the Congress.
TITLE I—POLICY
SEC. 101. SENSE OF CONGRESS.
It is the sense of the Congress that—
(1) the United States should play an active role
before, on, and after December 20, 1999, in main-
taining Macau’s confidence and prosperity, Macau’s
unique cultural heritage, and the mutually beneficial
ties between the people of the United States and the
people of Macau; and
(2) through its policies, the United States
should contribute to Macau’s ability to maintain a
high degree of autonomy in matters other than de-
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fense and foreign affairs as promised by the People’s
Republic of China and the Republic of Portugal in
the Joint Declaration, particularly with respect to
such matters as trade, commerce, law enforcement,
finance, monetary policy, aviation, shipping, commu-
nications, tourism, cultural affairs, sports, and par-
ticipation in international organizations, consistent
with the national security and other interests of the
United States.
TITLE II—THE STATUS OF
MACAU IN UNITED STATES LAW
SEC. 201. CONTINUED APPLICATION OF UNITED STATES
LAW.
(a) IN GENERAL.—Notwithstanding any change in
the exercise of sovereignty over Macau, and subject to sub-
sections (b) and (c), the laws of the United States shall
continue to apply with respect to Macau, on and after De-
cember 20, 1999, in the same manner as the laws of the
United States were applied with respect to Macau before
such date unless otherwise expressly provided by law or
by Executive order under section 202.
(b) INTERNATIONAL AGREEMENTS.—For all pur-
poses, including actions in any court of the United States,
the Congress approves of the continuation in force on and
after December 20, 1999, of all treaties and other inter-
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SEC. 202. PRESIDENTIAL ORDER.
(a) PRESIDENTIAL DETERMINATION.—On or after
December 20, 1999, whenever the President determines
that Macau is not sufficiently autonomous to justify treat-
ment under a particular law of the United States, or any
provision thereof, different from that accorded the Peo-
ple’s Republic of China, the President may issue an Exec-
utive order suspending the application of section 201(a)
to such law or provision of law. The President shall
promptly notify the Committee on International Relations
of the House of Representatives and the Committee on
Foreign Relations of the Senate concerning any such de-
termination.
(b) FACTOR FOR CONSIDERATION.—In making a de-
termination under subsection (a) with respect to the appli-
cation of a law of the United States, or any provision
thereof, to Macau, the President should consider the
terms, obligations, and expectations expressed in the Joint
Declaration with respect to Macau.
(c) PUBLICATION IN FEDERAL REGISTER.—Any Ex-
ecutive order issued under subsection (a) shall be pub-
lished in the Federal Register and shall specify the law
or provision of law affected by the order.
(d) TERMINATION OF SUSPENSION.—An Executive
order issued under subsection (a) may be terminated by
the President with respect to a particular law or provision
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of law whenever the President determines that Macau has
regained sufficient autonomy to justify treatment under
the law or provision of law in question. Notice of any such
termination shall be published in the Federal Register.
SEC. 203. RULES AND REGULATIONS.
The President is authorized to prescribe such rules
and regulations as the President considers appropriate to
carry out this Act.
SEC. 204. CONSULTATION WITH CONGRESS.
In carrying out this title, the President shall consult
appropriately with the Congress.
TITLE III—REPORTING
PROVISIONS
SEC. 301. REPORTING REQUIREMENT.
Not later than 90 days after the date of the enact-
ment of this Act, and not later than March 31 of each
of the years 2000, 2001, and 2002, the Secretary of State
shall transmit to the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate a report on conditions
in Macau of interest to the United States. This report
shall cover (in the case of the initial report) the period
since the date of the enactment of this Act or (in the case
of subsequent reports) the period since the most recent
report pursuant to this section, and shall describe—
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(1) significant developments in United States
relations with Macau;
(2) significant developments related to the
change in the exercise of sovereignty over Macau af-
fecting United States interests in Macau or United
States relations with Macau and the People’s Repub-
lic of China;
(3) steps taken by the United States to imple-
ment section 201(c) (relating to export controls with
respect to Macau), including any significant prob-
lems or other developments arising with respect to
the application of United States export controls to
Macau;
(4) the laws of the United States with respect
to which the application of section 201(a) (relating
to the application of United States laws to Macau)
has been suspended pursuant to section 202(a) or
with respect to which such a suspension has been
terminated pursuant to section 202(d), and the rea-
sons for the suspension or termination, as the case
may be;
(5) the treaties and other international agree-
ments with respect to which the President has made
a determination described in the last sentence of sec-
tion 201(b) (relating to the application of treaties
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and other international agreements to Macau), the
reasons for each such determination, and the steps
taken as a result of such determination;
(6) the development of democratic institutions
in Macau;
(7) compliance by the Government of the Peo-
ple’s Republic of China and the Government of the
Republic of Portugal with their obligations under the
Joint Declaration; and
(8) the nature and extent of Macau’s participa-
tion in multilateral forums.
SEC. 302. SEPARATE PART OF COUNTRY REPORTS.
Whenever a report is transmitted to the Congress on
a country-by-country basis, there shall be included in such
report, where applicable, a separate subreport on Macau
under the heading of the state that exercises sovereignty
over Macau.
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