Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China, 34353-34355 [2020-12217]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Presidential Documents]
[Pages 34353-34355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12217]




                        Presidential Documents 



Federal Register / Vol. 85, No. 108 / Thursday, June 4, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 34353]]

                Proclamation 10043 of May 29, 2020

                
Suspension of Entry as Nonimmigrants of Certain 
                Students and Researchers From the People's Republic of 
                China

                By the President of the United States of America

                A Proclamation

                The People's Republic of China (PRC) is engaged in a 
                wide-ranging and heavily resourced campaign to acquire 
                sensitive United States technologies and intellectual 
                property, in part to bolster the modernization and 
                capability of its military, the People's Liberation 
                Army (PLA). The PRC's acquisition of sensitive United 
                States technologies and intellectual property to 
                modernize its military is a threat to our Nation's 
                long-term economic vitality and the safety and security 
                of the American people.

                The PRC authorities use some Chinese students, mostly 
                post-graduate students and post-doctorate researchers, 
                to operate as non-traditional collectors of 
                intellectual property. Thus, students or researchers 
                from the PRC studying or researching beyond the 
                undergraduate level who are or have been associated 
                with the PLA are at high risk of being exploited or co-
                opted by the PRC authorities and provide particular 
                cause for concern. In light of the above, I have 
                determined that the entry of certain nationals of the 
                PRC seeking to enter the United States pursuant to an F 
                or J visa to study or conduct research in the United 
                States would be detrimental to the interests of the 
                United States.

                NOW, THEREFORE, I, DONALD J. TRUMP, President of the 
                United States, by the authority vested in me by the 
                Constitution and the laws of the United States of 
                America, including sections 212(f) and 215(a) of the 
                Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) 
                and 1185(a), and section 301 of title 3, United States 
                Code, hereby find that the unrestricted entry into the 
                United States as nonimmigrants of persons described in 
                section 1 of this proclamation would, except as 
                provided for in section 2 of this proclamation, be 
                detrimental to the interests of the United States, and 
                that their entry should be subject to certain 
                restrictions, limitations, and exceptions. I therefore 
                hereby proclaim the following:

                Section 1. Suspension and Limitation on Entry. The 
                entry into the United States as a nonimmigrant of any 
                national of the PRC seeking to enter the United States 
                pursuant to an F or J visa to study or conduct research 
                in the United States, except for a student seeking to 
                pursue undergraduate study, and who either receives 
                funding from or who currently is employed by, studies 
                at, or conducts research at or on behalf of, or has 
                been employed by, studied at, or conducted research at 
                or on behalf of, an entity in the PRC that implements 
                or supports the PRC's ``military-civil fusion 
                strategy'' is hereby suspended and limited subject to 
                section 2 of this proclamation. For the purposes of 
                this proclamation, the term ``military-civil fusion 
                strategy'' means actions by or at the behest of the PRC 
                to acquire and divert foreign technologies, 
                specifically critical and emerging technologies, to 
                incorporate into and advance the PRC's military 
                capabilities.

                Sec. 2. Scope of Suspension and Limitation on Entry.

                    (a) Section 1 of this proclamation shall not apply 
                to:

(i) any lawful permanent resident of the United States;

[[Page 34354]]

(ii) any alien who is the spouse of a United States citizen or lawful 
permanent resident;

(iii) any alien who is a member of the United States Armed Forces and any 
alien who is a spouse or child of a member of the United States Armed 
Forces;

(iv) any alien whose travel falls within the scope of section 11 of the 
United Nations Headquarters Agreement or who would otherwise be allowed 
entry into the United States pursuant to United States obligations under 
applicable international agreements;

(v) any alien who is studying or conducting research in a field involving 
information that would not contribute to the PRC's military-civil fusion 
strategy, as determined by the Secretary of State and the Secretary of 
Homeland Security, in consultation with the appropriate executive 
departments and agencies (agencies);

(vi) any alien whose entry would further important United States law 
enforcement objectives, as determined by the Secretary of State, the 
Secretary of Homeland Security, or their respective designees, based on a 
recommendation of the Attorney General or his designee; or

(vii) any alien whose entry would be in the national interest, as 
determined by the Secretary of State, the Secretary of Homeland Security, 
or their respective designees.

                    (b) Nothing in this proclamation shall be construed 
                to limit the ability of an individual to seek asylum, 
                refugee status, withholding of removal, or protection 
                under the Convention Against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, 
                consistent with the laws of the United States.

                Sec. 3. Implementation and Enforcement. (a) Persons 
                covered by sections 1 or 2 of this proclamation shall 
                be identified by the Secretary of State or the 
                Secretary of State's designee, in his or her sole 
                discretion, pursuant to such standards and procedures 
                as the Secretary of State may establish. For purposes 
                of subsections 2(a)(v), 2(a)(vi), and 2(a)(vii) of this 
                proclamation, the Secretary of State shall provide for 
                identifications of aliens based on the further 
                determinations and recommendations provided for in 
                those subsections by the Attorney General and the 
                Secretary of Homeland Security.

                    (b) The Secretary of State shall implement this 
                proclamation as it applies to visas pursuant to such 
                procedures as the Secretary of State, in consultation 
                with the Secretary of Homeland Security, may establish 
                in the Secretary of State's discretion. The Secretary 
                of Homeland Security shall implement this proclamation 
                as it applies to the entry of aliens pursuant to such 
                procedures as the Secretary of Homeland Security, in 
                consultation with the Secretary of State, may establish 
                in the Secretary of Homeland Security's discretion.
                    (c) An alien who circumvents the application of 
                this proclamation through fraud, willful 
                misrepresentation of a material fact, or illegal entry 
                shall be a priority for removal by the Department of 
                Homeland Security.

                Sec. 4. Termination. This proclamation shall remain in 
                effect until terminated by the President. The Secretary 
                of State, in consultation with the Secretary of 
                Homeland Security, may at any time recommend that the 
                President continue, modify, or terminate this 
                proclamation.

                Sec. 5. Effective Date. This proclamation is effective 
                at 12:00 p.m. eastern daylight time on June 1, 2020.

                Sec. 6. Additional Measures. (a) The Secretary of State 
                shall consider, in the Secretary's discretion, whether 
                nationals of the PRC currently in the United States 
                pursuant to F or J visas and who otherwise meet the 
                criteria described in section 1 of this proclamation 
                should have their visas revoked pursuant to section 
                221(i) of the INA, 8 U.S.C. 1201(i).

                    (b) Within 60 days of the effective date of this 
                proclamation, the Secretary of State and the Secretary 
                of Homeland Security, in consultation with the

[[Page 34355]]

                heads of appropriate agencies, shall review 
                nonimmigrant and immigrant programs and shall recommend 
                to the President, through the Assistant to the 
                President for National Security Affairs, any other 
                measures requiring Presidential action that would 
                mitigate the risk posed by the PRC's acquisition of 
                sensitive United States technologies and intellectual 
                property.
                    (c) The Secretary of State and the Secretary of 
                Homeland Security shall, within the scope of their 
                respective authorities and in coordination with the 
                heads of appropriate agencies, take action to further 
                mitigate the risk posed by the PRC's acquisition of 
                sensitive United States technologies and intellectual 
                property. The Secretary of State and the Secretary of 
                Homeland Security shall report to the President, within 
                60 days of the effective date of this proclamation, 
                through the Assistant to the President for National 
                Security Affairs, any such planned and executed 
                actions.
                    (d) The Secretary of State and the Secretary of 
                Homeland Security shall consider issuing updated 
                regulations and guidance, as appropriate, implementing 
                the inadmissibility provisions in section 212(a)(3)(D) 
                of the INA, 8 U.S.C. 1182(a)(3)(D).

                Sec. 7. General Provisions. (a) Nothing in this 
                proclamation shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This proclamation shall be implemented 
                consistent with applicable law and subject to the 
                availability of appropriations.
                    (c) This proclamation is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-ninth day of May, in the year of our Lord two 
                thousand twenty, and of the Independence of the United 
                States of America the two hundred and forty-fourth.
                
                
                    (Presidential Sig.)

[FR Doc. 2020-12217
Filed 6-3-20; 8:45 am]
Billing code 3295-F0-P