Sec. 5202. Use of sanctions authorities with respect to the People's Republic of China

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Congress makes the following findings: Congress has provided the President with a broad range of tough authorities to impose sanctions to address malign behavior by the Government of the People's Republic of China and individuals and entities in the People’s Republic of China, including individuals and entities engaging in— intellectual property theft; cyber-related economic espionage; repression of ethnic minorities; the use of forced labor and other human rights abuses; abuses of the international trading system; illicit assistance to and trade with the Government of North Korea; and drug trafficking, including trafficking in fentanyl and other opioids.

Congress has in many cases mandated the imposition of sanctions and other measures with respect to individuals and entities identified as responsible for such behavior. The President should use the full range of authorities available to the President, including the authorities described in paragraph

(2)to impose sanctions and other measures to combat malign behavior by the Government of the People's Republic of China, entities owned or controlled by that Government, and other Chinese individuals and entities responsible for such behavior. The authorities described in this paragraph include the following: The Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note). Section 1637 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 50 U.S.C. 1708 ) (relating to addressing economic and industrial espionage in cyberspace). The Fentanyl Sanctions Act ( 21 U.S.C. 2301 et seq. ). The Hong Kong Autonomy Act ( Public Law 116–149 ; 22 U.S.C. 5701 note) (relating to the imposition of sanctions with respect to the erosion of certain obligations of the People’s Republic of China with respect to Hong Kong). Section 7 of the Hong Kong Human Rights and Democracy Act of 2019 ( Public Law 116–76 ; 22 U.S.C. 5701 note) (relating to the imposition of sanctions relating to undermining fundamental freedoms and autonomy in Hong Kong). Section 6 of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ; 22 U.S.C. 6901 note) (relating to the imposition of sanctions with respect to violations of human rights of minority groups in the Xinjiang Uyghur Autonomous Region). The Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ) (relating to the imposition of new export controls). Export control measures required to be maintained with respect to entities in the telecommunications sector of the People’s Republic of China, including under section 1260I of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1687) (relating to limiting the removal of Huawei Technologies Co. Ltd. from the entity list of the Bureau of Industry and Security). Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 41 U.S.C. 3901 note prec.) (relating to a prohibition on Federal Government contracts with entities that use telecommunications equipment or services produced by certain Chinese entities). The North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9201 et seq. ), including the amendments made to that Act by the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019 (title LXXI of Public Law 116–92 ; 22 U.S.C. 9201 note). Section 73 of the Bretton Woods Agreements Act ( 22 U.S.C. 286yy ), as added by section 7124 of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019 (title LXXI of Public Law 116–92 ; 22 U.S.C. 9201 note).

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