Sec. 306. Imposition of sanctions relating to forced labor
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Congress makes the following findings: The Government of China continues to use forced labor in prisons and has established a system of extrajudicial mass internment camps arbitrarily detaining as many as 1,800,000 Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim minority groups in the Xinjiang Uyghur Autonomous Region, who have been subjected to forced labor and severe human rights abuses. More than 80,000 Uyghurs were transferred out of Xinjiang to work in factories across the People’s Republic of China between 2017 and 2019, and some of them were sent directly from detention camps, according to public reports.
Based on International Labour Organization indicators of forced labor, Uyghur workers are subject to intimidation and threats, are placed in positions of dependency and vulnerability, face severe movement restrictions, are isolated, face abusive working conditions, and work excessive hours. Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees a report that identifies— each foreign person, including any official of the Government of China, that the President determines— knowingly, on or after such date of enactment, engages in, is responsible for, or facilitates forced labor in the People’s Republic of China, including by Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim minority groups from the Xinjiang Uyghur Autonomous Region and other regions of the People’s Republic of China; or knowingly, on or after such date of enactment, engages in, contributes to, assists, or provides financial, material, or technological support for, the importation into the United States of goods produced with forced labor in the People’s Republic of China; each Chinese entity that, on or after such date of enactment— directly or indirectly uses forced labor in the People’s Republic of China, including in the Xinjiang Uyghur Autonomous Region; or acts as an agent of an entity described in clause
(i)to import goods into the United States; goods made wholly or in part by forced labor in the People’s Republic of China, including in the Xinjiang Uyghur Autonomous Region; and each person that, on or after such date of enactment, sells such goods in the United States. The report required by paragraph
(1)shall be submitted in unclassified form but may include a classified annex. The President shall impose the following sanctions with respect to each foreign person identified under subsection (b)(1): 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 the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. An alien described in subsection (b)(1) 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.). An alien described in subsection (b)(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. Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes the following: A determination with respect to whether reasonable grounds exist to issue a withhold release order pursuant to section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) for each of the following: Yili Zhou Wan Garment Manufacturing Company. Zhihui Haipai Internet of Things Technology Company. Urumqi Shengshi Hua’er Culture Technology Limited Company. Litai Textiles, Huafu Fashion Company. Esquel Group headquartered in Hong Kong. Cofco Tunhe Company. If the President determines under subparagraph
(A)that reasonable grounds do not exist to issue a withhold release order with respect to an entity specified in that subparagraph, an explanation of the reasons for that determination. The report required by paragraph
(1)shall be submitted in unclassified form but may include a classified annex. 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 the extent necessary to carry out this section. A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection
(a)of that section. The President may waive the application of sanctions under this section with respect to a person 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 authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. In this subsection, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. In this section: The term Chinese entity means an entity organized under the laws of or otherwise subject to the jurisdiction of the People’s Republic of China. The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. The term forced labor has the meaning given that term in section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). The term foreign person means any person that is not a United States person. The term knowingly , 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 of any jurisdiction within the United States, including a foreign branch of such an entity.
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Sec. 306
Imposition of sanctions relating to forced labor
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