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Code · BILL · 117th Congress · H.R. 4521 (EAS) — 112 HR 4521 EAS: United States Innovation and Competition Act of 2021 · Sec. 71031

Sec. 71031. Report on manner and extent to which the Government of the People’s Republic of China exploits Hong Kong to circumvent United States laws and protections

749 words·~3 min read·/bill/117/hr/4521/eas/section-71031

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Title III of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 et seq. ) is amended by adding at the end the following: Not later than 180 days after the date of the enactment of this section, the Secretary of State and the United States Trade Representative shall jointly submit to the appropriate congressional committees a report on the manner and extent to which the Government of the People’s Republic of China uses the status of Hong Kong to circumvent the laws and protections of the United States. The report required by subsection
(a)shall include the following: In consultation with the Secretary of Commerce, the Secretary of Homeland Security, and the Director of National Intelligence— an assessment of how the Government of the People’s Republic of China uses Hong Kong to circumvent export controls of the United States; and a list of all significant incidents in which the Government of the People’s Republic of China used Hong Kong to circumvent those controls during the reporting period. In consultation with the Secretary of the Treasury and the Secretary of Commerce— an assessment of how the Government of the People’s Republic of China uses Hong Kong to circumvent antidumping or countervailing duties and duties under section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ) on merchandise exported to the United States from the People’s Republic of China; and a list of all significant incidents in which the Government of the People’s Republic of China used Hong Kong to circumvent those duties during the reporting period. In consultation with the Secretary of the Treasury, the Secretary of Homeland Security, and the Director of National Intelligence— an assessment of how the Government of the People’s Republic of China uses Hong Kong to circumvent sanctions imposed by the United States or pursuant to multilateral regimes; and a list of all significant incidents in which the Government of the People’s Republic of China used Hong Kong to circumvent those sanctions during the reporting period. In consultation with the Secretary of Homeland Security and the Director of National Intelligence— an assessment of how the Government of the People’s Republic of China uses formal or informal means to extradite or coercively move foreign nationals, including United States persons, from Hong Kong to the People’s Republic of China; and a list of foreign nationals, including United States persons, who have been formally or informally extradited or coercively moved from Hong Kong to the People’s Republic of China. In consultation with the Secretary of Defense, the Director of National Intelligence, and the Director of Homeland Security— an assessment of how the intelligence, security, and law enforcement agencies of the Government of the People’s Republic of China, including the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police, use the Hong Kong Security Bureau and other security agencies in Hong Kong to conduct espionage on foreign nationals, including United States persons, conduct influence operations, or violate civil liberties guaranteed under the laws of Hong Kong; and a list of all significant incidents of such espionage, influence operations, or violations of civil liberties during the reporting period. The report required by subsection
(a)shall be submitted in unclassified form, but may include a classified index. The unclassified portion of the report required by subsection
(a)shall be posted on a publicly available internet website of the Department of State. In this section: The term appropriate congressional committees means— the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. The term foreign national means a person that is neither— an individual who is a citizen or national of the People’s Republic of China; or an entity organized under the laws of the People’s Republic of China or of a jurisdiction within the People’s Republic of China. The term reporting period means the 5-year period preceding submission of the report required by subsection (a). 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. 71031
Report on manner and extent to which the Government of the People’s Republic of China exploits Hong Kong to circumvent United States laws and protections
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