dreamproit/uscode huggingface dataset:
22 U.S.C. § 5713 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5713. Commerce between United States and Hong Kong
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to commerce between the United States and Hong Kong:
(1) The United States should seek to maintain and expand economic and trade relations with Hong Kong and should continue to treat Hong Kong as a separate territory in economic and trade matters, such as import quotas and certificates of origin.
(2) The United States should continue to negotiate directly with Hong Kong to conclude bilateral economic agreements.
(3) The United States should continue to treat Hong Kong as a territory which is fully autonomous from the United Kingdom and, after June 30, 1997, should treat Hong Kong as a territory which is fully autonomous from the People’s Republic of China with respect to economic and trade matters.
(4) The United States should continue to grant the products of Hong Kong nondiscriminatory trade treatment by virtue of Hong Kong’s membership in the General Agreement on Tariffs and Trade.
(5) The United States should recognize certificates of origin for manufactured goods issued by the Hong Kong Special Administrative Region.
(6) The United States should continue to allow the United States dollar to be freely exchanged with the Hong Kong dollar.
(7) United States businesses should be encouraged to continue to operate in Hong Kong, in accordance with applicable United States and Hong Kong law.
(8) The United States should continue to support access by Hong Kong to sensitive technologies controlled under the agreement of the Coordinating Committee for Multilateral Export Controls (commonly referred to as “COCOM”) for so long as the United States is satisfied that such technologies are protected from improper use or export.
(9) The United States should encourage Hong Kong to continue its efforts to develop a framework which provides adequate protection for intellectual property rights.
(10) The United States should negotiate a bilateral investment treaty directly with Hong Kong, in consultation with the Government of the People’s Republic of China.
(11) The change in the exercise of sovereignty over Hong Kong should not affect ownership in any property, tangible or intangible, held in the United States by any Hong Kong person.
(Pub. L. 102–383, title I, § 103, Oct. 5, 1992, 106 Stat. 1450; Pub. L. 105–206, title V, § 5003(b)(7), July 22, 1998, 112 Stat. 790.)
heading: Amendments
text: 1998—Par. (4). Pub. L. 105–206 struck out “(commonly referred to as ‘most-favored-nation status’)” after “nondiscriminatory trade treatment”.
22 U.S.C. § 5714 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5714. Transportation
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States after June 30, 1997, with respect to transportation from Hong Kong:
(1) Recognizing Hong Kong’s position as an international transport center, the United States should continue to recognize ships and airplanes registered in Hong Kong and should negotiate air service agreements directly with Hong Kong.
(2) The United States should continue to recognize ships registered by Hong Kong.
(3) United States commercial ships, in accordance with applicable United States and Hong Kong law, should remain free to port in Hong Kong.
(4) The United States should continue to recognize airplanes registered by Hong Kong in accordance with applicable laws of the People’s Republic of China.
(5) The United States should recognize licenses issued by the Hong Kong to Hong Kong airlines.
(6) The United States should recognize certificates issued by the Hong Kong to United States air carriers for air service involving travel to, from, or through Hong Kong which does not involve travel to, from, or through other parts of the People’s Republic of China.
(7) The United States should negotiate at the appropriate time directly with the Hong Kong Special Administrative Region, acting under authorization from the Government of the People’s Republic of China, to renew or amend all air service agreements existing on June 30, 1997, and to conclude new air service agreements affecting all flights to, from, or through the Hong Kong Special Administrative Region which do not involve travel to, from, or through other parts of the People’s Republic of China.
(8) The United States should make every effort to ensure that the negotiations described in paragraph (7) lead to procompetitive air service agreements.
(Pub. L. 102–383, title I, § 104, Oct. 5, 1992, 106 Stat. 1451.)
22 U.S.C. § 5715 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5715. Cultural and educational exchanges
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to cultural and educational exchanges with Hong Kong:
(1) The United States should seek to maintain and expand United States-Hong Kong relations and exchanges in culture, education, science, and academic research. The United States should encourage American participation in bilateral exchanges with Hong Kong, both official and unofficial.
(2) The United States should actively seek to further United States-Hong Kong cultural relations and promote bilateral exchanges, including the negotiating and concluding of appropriate agreements in these matters.
(3) Hong Kong should be accorded separate status as a full partner under the Fulbright Academic Exchange Program (apart from the United Kingdom before July 1, 1997, and apart from the People’s Republic of China thereafter), with the continuation or establishment of a Fulbright Commission or functionally equivalent mechanism.
(4) The United States should actively encourage Hong Kong residents to visit the United States on nonimmigrant visas for such purposes as business, tourism, education, and scientific and academic research, in accordance with applicable United States and Hong Kong laws.
(5) Upon the request of the Legislative Council of Hong Kong, the Librarian of Congress, acting through the Congressional Research Service, should seek to expand educational and informational ties with the Council.
(Pub. L. 102–383, title I, § 105, Oct. 5, 1992, 106 Stat. 1452.)
22 U.S.C. § 5721 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5721. Continued application of United States law
(a) In general
Notwithstanding any change in the exercise of sovereignty over Hong Kong, the laws of the United States shall continue to apply with respect to Hong Kong, on and after July 1, 1997, in the same manner as the laws of the United States were applied with respect to Hong Kong before such date unless otherwise expressly provided by law or by Executive order under section 5722 of this title.
(b) International agreements
For all purposes, including actions in any court in the United States, the Congress approves the continuation in force on and after July 1, 1997, of all treaties and other international agreements, including multilateral conventions, entered into before such date between the United States and Hong Kong, or entered into before such date between the United States and the United Kingdom and applied to Hong Kong, unless or until terminated in accordance with law. If in carrying out this subchapter, the President determines that Hong Kong is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Hong Kong’s obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, such determination shall be reported to the Congress in accordance with section 5731 of this title.
(Pub. L. 102–383, title II, § 201, Oct. 5, 1992, 106 Stat. 1452.)
22 U.S.C. § 5722 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5722. Presidential order
(a) Presidential determination
On or after July 1, 1997, whenever the President determines that Hong Kong is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People’s Republic of China, the President may issue an Executive order suspending the application of section 5721(a) of this title to such law or provision of law.
(b) Factor for consideration
In making a determination under subsection (a) of this section with respect to the application of a law of the United States, or any provision thereof, to Hong Kong, the President should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong.
(c) Publication in Federal Register
Any Executive order issued under subsection (a) of this section shall be published 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) of this section may be terminated by the President with respect to a particular law or provision of law whenever the President determines that Hong Kong has regained sufficient autonomy to justify different treatment under the law or provision of law in question. Notice of any such termination shall be published in the Federal Register.
(Pub. L. 102–383, title II, § 202, Oct. 5, 1992, 106 Stat. 1453.)
22 U.S.C. § 5732 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5732. 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 Hong Kong under the heading of the state that exercises sovereignty over Hong Kong. The reports to which this section applies include the reports transmitted under—
(1) sections 2151n(d) and 2304(b) of this title (relating to human rights);
(2) section 2241 of title 19 (relating to trade barriers); and
(3) section 4711 1 of title 15 (relating to economic policy and trade practices).
(Pub. L. 102–383, title III, § 302, Oct. 5, 1992, 106 Stat. 1454.)
heading: References in Text
text: Section 4711 of title 15, referred to in par. (3), was repealed by Pub. L. 107–228, div. A, title VI, § 671(1), Sept. 30, 2002, 116 Stat. 1407.
22 U.S.C. § 5813 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5813. Report on overall assistance and economic cooperation strategy
(a) Requirement for submission
As soon as practicable after October 24, 1992, the coordinator designated pursuant to section 5812(a) of this title shall submit to the Congress a report on the overall assistance and economic cooperation strategy for the independent states of the former Soviet Union that is required to be developed pursuant to paragraph (1) of that section.
(b) Assistance plan
The report submitted pursuant to subsection (a) of this section shall include a plan specifying—
(1) the amount of the funds authorized to be appropriated for fiscal year 1993 by chapter 11 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2295 et seq.] proposed to be allocated for each of the categories of activities authorized by section 498 of that Act [22 U.S.C. 2295] and to carry out section 5821 of this title (relating to American Business Centers), section 5823 of this title (relating to export promotion activities and capital projects), and subchapter III of this chapter (relating to the Democracy Corps);
(2) the amount of other funds made available for fiscal year 1993 to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] proposed to be allocated for assistance under that Act for the independent states of the former Soviet Union; and
(3) the amount of funds available for fiscal year 1993 under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] that are proposed to be made to each agency to carry out activities for the independent states under that Act or this Act.
(Pub. L. 102–511, title I, § 103, Oct. 24, 1992, 106 Stat. 3323.)
heading: References in Text
text: The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. Chapter 11 of part I of the Act is classified generally to part XI (§ 2295 et seq.) of subchapter I of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
This Act, referred to in subsec. (b)(3), is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320, as amended, known as the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 and also as the FREEDOM Support Act. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
22 U.S.C. § 5814 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5814. Repealed. Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217
text: Section, Pub. L. 102–511, title I, § 104, Oct. 24, 1992, 106 Stat. 3324; Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 596(d)], Nov. 29, 1999, 113 Stat. 1535, 1501A–126, required annual report on United States assistance for the independent states of the former Soviet Union.
heading: Restrictions on Assistance for New Independent States of Former Soviet Union; Report to Congress
text: Pub. L. 103–87, title V, § 560(g), Sept. 30, 1993, 107 Stat. 967, which related to restrictions on availability of funds to new independent states of the former Soviet Union and Secretary of State’s annual report, was repealed by Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.
Similar provisions relating to nonavailability of funds to any government of the new independent states of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other new independent state, were contained in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006, Pub. L. 109–102, title V, § 517(a), Nov. 14, 2005, 119 Stat. 2201, and were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:
Pub. L. 108–447, div. D, title V, § 517(a), Dec. 8, 2004, 118 Stat. 2996.
Pub. L. 108–199, div. D, title V, § 517(b), Jan. 23, 2004, 118 Stat. 173.
Pub. L. 108–7, div. E, title V, § 517(b), Feb. 20, 2003, 117 Stat. 185.
Pub. L. 107–115, title V, § 517(b), Jan. 10, 2002, 115 Stat. 2144.
Pub. L. 106–429, § 101(a) [title V, § 517(b)], Nov. 6, 2000, 114 Stat. 1900, 1900A–27.
Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 517(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–86.
Pub. L. 105–277, div. A, § 101(d) [title V, § 517(b)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–174.
Pub. L. 105–118, title II, [(c)], Nov. 26, 1997, 111 Stat. 2395.
Pub. L. 104–208, div. A, title I, § 101(c) [title II, [(d)]], Sept. 30, 1996, 110 Stat. 3009–121, 3009–130.
Pub. L. 104–107, title II, [(d)], Feb. 12, 1996, 110 Stat. 712.
Pub. L. 103–306, title II, Aug. 23, 1994, 108 Stat. 1616.
22 U.S.C. § 5822 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5822. Business and Agriculture Advisory Council
(a) Establishment
The President is authorized to establish an advisory council to be known as the Independent States Business and Agriculture Advisory Council (hereinafter in this section referred to as the “Council”)—
(1) to consult with and advise the President periodically regarding programs of assistance for the independent states of the former Soviet Union; and
(2) to evaluate, and consult periodically with the President regarding, the adequacy of bilateral and multilateral assistance programs that would facilitate exports by United States companies to, and investments by United States companies in, the independent states.
(b) Membership
The Council should consist of 15 members, appointed by the President, who are drawn from United States companies reflecting diverse businesses and perspectives that have experience and expertise in dealing with the independent states of the former Soviet Union. The President should designate one such member to serve as Chair of the Council. Five such members should be appointed upon the recommendation of the Speaker and the Minority Leader of the House of Representatives and 5 should be appointed upon the recommendation of the Majority Leader and Minority Leader of the Senate. Members of the Council shall receive no compensation from the United States Government by reason of their service on the Council.
(c) Staff
Upon request of the Chair of the Council, the head of any United States Government agency may detail, on a nonreimbursable basis, any of the personnel of such agency to the Council to assist the Council.
(Pub. L. 102–511, title III, § 302, Oct. 24, 1992, 106 Stat. 3333.)
heading: Termination of Advisory Councils
text: Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
22 U.S.C. § 5823 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5823. Funding for export promotion activities and capital projects
(a) Allocation of A.I.D. funds
The President is encouraged to use a portion of the funds made available for the independent states of the former Soviet Union under chapter 11 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2295 et seq.]—
(1) to fund the export promotion, finance, and related activities carried out pursuant to subsection (b)(1) of this section, including activities relating to the export of intermediary goods; and
(2) to fund capital projects, including projects for telecommunications, environmental cleanup, power production, and energy related projects.
(b) Export promotion, finance, and related activities
The Secretary of Commerce, as Chair of the Trade Promotion Coordination Committee, should, in conjunction with other members of that committee, design and implement programs to provide adequate commercial and technical assistance to United States businesses seeking markets in the independent states of the former Soviet Union, including the following:
(1) Increasing the United States and Foreign Commercial Service presence in the independent states, in particular in the Russian Far Eastern cities of Vladivostok and Khabarovsk.
(2) Preparing profiles of export opportunities for United States businesses in the independent states and providing other technical assistance.
(3) Utilizing the Market Development Cooperator Program under section 4723 of title 15.
(4) Developing programs specifically for the purpose of assisting small- and medium-sized businesses in entering commercial markets of the independent states. In carrying out this paragraph, the Secretary of Commerce, to the extent possible, should work directly with private sector organizations with proven experience in trade and economic relations with the independent states.
(5) Supporting projects undertaken by the United States business community on the basis of partnership, joint venture, contractual, or other cooperative agreements with appropriate entities in the independent states.
(6) Supporting export finance programs, feasibility studies, political risk insurance, and other related programs through increased funding and flexibility in the implementation of such programs.
(7) Supporting the Business Information Service (BISNIS) and its related programs.
(Pub. L. 102–511, title III, § 303, Oct. 24, 1992, 106 Stat. 3333.)
heading: References in Text
text: The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 11 of part I of the Act is classified generally to part XI (§ 2295 et seq.) of subchapter I of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
22 U.S.C. § 5824 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5824. Interagency working group on energy of the Trade Promotion Coordinating Committee
The Trade Promotion Coordinating Committee should utilize its interagency working group on energy to assist United States energy sector companies to develop a long-term strategy for penetrating the energy market in the independent states of the former Soviet Union. The working group should—
(1) work with officials from the independent states in creating an environment conducive to United States energy investment;
(2) help to coordinate assistance to United States companies involved with projects to clean up former Soviet nuclear weapons sites and commercial nuclear waste; and
(3) work with representatives from United States business and industry involved with the energy sector to help facilitate the identification of business opportunities, including the promotion of oil, gas, and clean coal technology and products, energy efficiency, and the formation of joint ventures between United States companies and companies of the independent nations.
(Pub. L. 102–511, title III, § 304, Oct. 24, 1992, 106 Stat. 3334.)
22 U.S.C. § 5825 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5825. Repealed. Pub. L. 104–66, title I, § 1021(e), Dec. 21, 1995, 109 Stat. 713
text: Section, Pub. L. 102–511, title III, § 305, Oct. 24, 1992, 106 Stat. 3335, directed Secretary of Commerce to submit to Congress annual reports describing implementation of business and commercial development provisions, analyzing programs of other industrialized countries, and examining trade practices of other Organization for Economic Cooperation and Development nations.
22 U.S.C. § 5826 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5826. Policy on combatting tied aid practices
Should the Secretary of the Treasury determine that foreign countries are engaged in tied aid practices with respect to any of the independent states of the former Soviet Union that violate the 1991 Helsinki agreement of the Organization for Economic Cooperation and Development, the President should give priority attention to combatting such practices.
(Pub. L. 102–511, title III, § 306, Oct. 24, 1992, 106 Stat. 3335.)
22 U.S.C. § 5827 (FOREIGN RELATIONS AND INTERCOURSE)
§ 5827. Technical assistance for Russian Far East
(a) Authorization
The President is authorized to provide technical assistance, through an American university in a region which received nonstop air service to and from the Russian Far East as of July 1, 1992, to facilitate the development of United States business opportunities, free markets, and democratic institutions in the Russian Far East.
(b) Authorization of appropriations
There are authorized to be appropriated $2,000,000 to carry out subsection (a) of this section.
(Pub. L. 102–511, title III, § 307, Oct. 24, 1992, 106 Stat. 3335.)
heading: Delegation of Functions
text: For delegation of certain functions of President under this section, see section 3(a) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended, set out as a note under section 5812 of this title.