Sec. 8. Disclosure of transactions involving Xinjiang authorities
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The Secretary of Commerce shall require any person seeking any license under part I of subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 Stat. 2209; 50 U.S.C. 4811 et seq.) to provide, prior to the issuance of any license for export to the People’s Republic of China, including any Special Administrative Region thereof, to the Secretary either— a sworn written declaration listing all sales or transfers of products or services within the prior three years to any law enforcement, public safety, or state security agency, or provider of law enforcement, public safety, or state security services to any such agency, located within the Xinjiang Uighur Autonomous Region of the People’s Republic of China, irrespective of whether such products or services are subject to export control restrictions, which shall contain an annex specifically identifying any such sales or transfers which the applicant knows furthered or advanced the mass arbitrary detention or targeted surveillance of Turkic Muslims within the Xinjiang Uighur Autonomous Region of the People’s Republic of China; or a certification describing that such person has not knowingly engaged in any sales or transfers of products or services within the prior three years to any law enforcement, public safety, or state security agency, or provider of law enforcement, public safety, or state security services to any such agency, located within the Xinjiang Uighur Autonomous Region of the People’s Republic of China, irrespective of whether such products or services are subject to export control restrictions.
The Secretary of Commerce may waive or limit the requirement under subsection
(a)if— the Secretary provides a written certification to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the People’s Republic of China has ceased to detain or discriminate as a matter of policy against Turkic Muslims within the Xinjiang Uighur Autonomous Region on the basis of their religion, ethnicity, or actual or perceived political views; the Secretary determines, on a case-by-case basis, that the application of subsection
(a)to any particular person would be impracticable and the applicant for issuance of a license under part I of subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 commits in writing to submit to the Secretary of Commerce written records of any subsequent or pending sale or transfer that would have been required to be declared under subsection
(a)absent a finding of impracticability that occurs within three years of the date of issuance of the requested license within 30 days of the instigation of any such subsequent or pending sale of transfer; or the Secretary determines, on a case-by-case basis, and provides a written certification to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the application of subsection
(a)to any particular person with respect to a specific transaction would negatively impact the national security of the United States. On not less than an annual basis, the Secretary of Commerce shall provide to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate any declarations provided to the Secretary under subsection (a)(1) which contain information which demonstrates a person has engaged in transactions which likely contributed to the mass arbitrary detention or targeted surveillance of Turkic Muslims within the Xinjiang Uighur Autonomous Region of the People’s Republic of China. Notwithstanding clause
(ii)of section 1761(h)(2)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, a committee or subcommittee of Congress of appropriate jurisdiction may disclose any information made available under clause
(i)of such section that relates to any declaration provided to the Secretary of Commerce under subsection (a)(1) if such information— is redacted to only include information which demonstrates a person has engaged in transactions which likely contributed to the mass arbitrary detention or targeted surveillance of Turkic Muslims within the Xinjiang Uighur Autonomous Region of the People’s Republic of China; and does not contain any technical plans or other technical data consisting of nonpublic proprietary information of the applicant.
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Sec. 8
Disclosure of transactions involving Xinjiang authorities
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