Sec. 308. Restrictions on export, reexport, and in-country transfers of certain items that provide a critical capability to the Government of China to suppress individual privacy, freedom, and other basic human rights
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In this section: The term Commerce Control List means the list set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. The terms export , in-country transfer , item , and reexport have the meaning given such terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). Not later than 120 days after the date of the enactment of this Act, and as appropriate thereafter, the President shall— identify any items that provide a critical capability to the Government of China, or any person acting on behalf of such government, to suppress individual privacy, freedom of movement, and other basic human rights, specifically through— surveillance, interception, and restriction of communications; monitoring of individual location or movement or restricting individual movement; monitoring or restricting access to and use of the internet; monitoring or restricting use of social media; identification of individuals through facial recognition, voice recognition, or biometric indicators; detention of individuals who are exercising basic human rights; and forced labor in manufacturing; and pursuant to the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.), include items identified pursuant to subparagraph
(A)on the Commerce Control List in a category separate from other items, as appropriate, on the Commerce Control List. Upon request, the head of a Federal agency shall provide full support and cooperation to the President in carrying out this subsection. In carrying out this subsection, the President shall consult with the relevant technical advisory committees of the Department of Commerce to ensure that the composition of items identified under paragraph (1)(A) and included on the Commerce Control List does not unnecessarily restrict commerce between the United States and the People’s Republic of China, consistent with the purposes of this subsection. Beginning not later than 180 days after the date of the enactment of this Act, the President shall, pursuant to the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.), require a license or other authorization for the export, reexport, or in-country transfer to or within the People’s Republic of China of an item identified pursuant to subsection (b)(1)(A) and included on the Commerce Control List. An application for a license or other authorization described in paragraph
(1)shall be subject to a presumption of denial. The President shall provide for notice and an opportunity for public comment, in accordance with section 553 of title 5, United States Code, with respect to action necessary to carry out this subsection. It shall be the policy of the United States to seek to harmonize United States export control regulations with international export control regimes with respect to the items identified pursuant to subsection (b)(1)(A), including through the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, done at The Hague December 1995, and other bilateral and multilateral mechanisms involving countries that export such items. Section 902(b)(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( Public Law 101–246 ; 22 U.S.C. 2151 note) is amended— in the matter preceding subparagraph (A), by inserting and Xinjiang Uyghur Autonomous Region after Tibet ; in subparagraph (D), by striking and at the end; in subparagraph (E), by striking or after the semicolon and inserting and ; and by adding the following: the ending of mass internment of ethnic Uyghurs and other Turkic Muslims in the Xinjiang Uyghur Autonomous Region, including the intrusive system of high-tech surveillance and policing in the region; or .
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- Pub. L. 101-246
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Sec. 308
Restrictions on export, reexport, and in-country transfers of certain items that provide a critical capability to the Government of China to suppress individual privacy, freedom, and other basic human rights
Pub. L.Pub. L. 101-246
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