Sec. 7. Sanctions relating to undermining fundamental freedoms and autonomy in Hong Kong
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The President shall transmit to the appropriate congressional committees a report, in accordance with paragraph (2), that identifies each foreign person that the President determines, based on credible information, is knowingly responsible for any of the following: The actual or threatened rendition, arbitrary detention, torture, or forced confession of any individual in Hong Kong. Repeated acts or decisions which contravene the shared obligations of China and Hong Kong under the Joint Declaration and Basic Law and undermine the national interests of the United States in Hong Kong’s autonomy and the rule of law.
Other gross violations of internationally recognized human rights in Hong Kong. The President shall transmit— the report required under paragraph (1)— not later than 180 days after the date of the enactment of this Act; and not less frequently than annually thereafter in conjunction with the publication of the report required under section 301 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 ); and an update to the report required under paragraph
(1)not later than 15 days after any new credible information described in such paragraph becomes available. In preparing the report required under paragraph (1), the President shall consider the following: Information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees. Credible information obtained by other countries or nongovernmental organizations that monitor violations of human rights abuses. The report required under paragraph
(1)shall be submitted in unclassified form but may include a classified annex. The President shall impose the sanctions described in subsection
(c)with respect to each foreign person identified in the report required under subsection (a)(1). The sanctions described in this subsection are the following: The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person identified in the report required under subsection (a)(1) if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. A foreign person described in subsection (a)(1) and his or her immediate family members is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). A foreign person described in subsection (a)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. A revocation under clause
(i)shall— take effect immediately; and automatically cancel any other valid visa or entry documentation that is in the alien’s possession. Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. The penalties provided for in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph
(1)to the same extent that such penalties apply to a person that commits an unlawful act described in subsection
(a)of such section 206. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. The President may waive the application of sanctions under this section with respect to a foreign person identified in the report required under subsection (a)(1) if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. The President may terminate the application of sanctions under this section with respect to a foreign person if the President determines and reports to the appropriate congressional committees not less than 15 days before such termination takes effect that— credible information exists that such person did not engage in the activity for which sanctions were imposed; such person has been prosecuted appropriately for the activity for which sanctions were imposed; such person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a)(1) in the future; or the termination of the sanctions is in the national security interests of the United States. The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. In this subsection, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. In this section: The term admitted has the meanings given such term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term foreign person means a person that is not a United States person. The term knowingly means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. The term person means an individual or entity. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; or an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.
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Sec. 7
Sanctions relating to undermining fundamental freedoms and autonomy in Hong Kong
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