Sec. 103. Chinese Corporate Human Rights Abusers List; sanctions
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The Secretary of State, acting through the Under Secretary of State for Civilian Security, Democracy, and Human Rights and the head of the Office of the Under Secretary of State for Arms Control and International Security, shall, based on the most recent information available, identify each covered entity that— is engaged in, complicit in, or otherwise responsible for, directly or indirectly, gross violations of internationally recognized human rights or serious human rights abuses in the PRC; or undermines or poses an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, or otherwise presents an increased financial risk exposure for United States-based investors.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2030, the Secretary of State shall submit to appropriate committees of Congress a list, to be known as the Chinese Corporate Human Rights Abusers List , that— includes each covered entity identified pursuant to paragraph (1); and includes, as applicable, an explanation as to why a covered entity that was previously identified pursuant to paragraph
(1)is no longer so identified. The list required by paragraph
(2)shall be submitted in unclassified form, but may include a classified annex. The unclassified portion of the list required by paragraph
(2)shall be made accessible to the public online through publication on a relevant United States Government website and in the Federal Register. The Secretary of State shall, concurrently with the submission of the list required by paragraph (2), transmit a copy of such list to the Secretary of the Treasury, and the Director of National Intelligence. The Secretary of State shall also transmit a copy of such list to the Director of the Office of Foreign Assets Control of the Department of the Treasury for immediate implementation of the sanctions described in subsection
(b)against those covered entities included on such list. The Secretary of State shall make additions or deletions to the most recent list required by paragraph
(2)on an ongoing basis based on the latest information available. The Secretary may consult with the head of any appropriate Federal department or agency in making the determinations described in paragraph
(1)and shall transmit a copy of the list required by paragraph
(2)to the head of any such Federal department or agency for purposes of such consultation. The purchase or sale by a United States person of any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities, of any covered entity designated by the Secretary of State for placement on the Chinese Corporate Human Rights Abusers List is prohibited. The prohibitions in paragraph
(1)shall take effect: Beginning at 12:01 a.m. eastern daylight time on August 2, 2021, with respect to any covered entity included on the list required by subsection (a)(2) on such date. Beginning at 12:01 a.m. eastern daylight time on the date that is 60 days after the date of the determination in subsection
(a)with respect to any covered entity subsequently included on the list required by subsection (a)(2). The purchase or sale of publicly traded securities described in paragraph
(1)made solely to effect the divestment, in whole or in part, of such securities by a United States person is permitted prior to: 12:01 a.m. eastern daylight time on June 3, 2022, with respect to any covered entity included on the list required by subsection (a)(2) on such date. 12:01 a.m. eastern daylight time on the date that is 365 days after the date of the determination in subsection
(a)with respect to any covered entity subsequently included on the list required by subsection (a)(2). This subsection shall apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this Act, and notwithstanding any contract entered into or any license or permit granted before the date of this Act. The following actions are prohibited: Any transactions by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibitions set forth in this Act. Any conspiracy formed to violate any of the prohibitions set forth in this Act. The authorization provided in paragraph
(6)may be used to apply penalties provided for in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) with respect to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under paragraph
(6)to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of that Act. The Secretary of the Treasury, after consultation with the Secretary of State, the Secretary of Defense, the Director of National Intelligence, and the heads of other executive departments and agencies as deemed appropriate by the Secretary of the Treasury, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by the International Emergency Economic Powers Act, to carry out the purposes of this title. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All departments and agencies shall take all appropriate measures within their authority to carry out the provisions of this Act. Rules and regulations issued pursuant to this Act may, among other things, establish procedures to license transactions otherwise prohibited pursuant to this Act. But prior to issuing any license under this Act, the Secretary of the Treasury shall consult with the Secretary of State, the Secretary of Defense, and the Director of National Intelligence.
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Sec. 103
Chinese Corporate Human Rights Abusers List; sanctions
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