The President's Executive Order on Hong Kong Normalization, 43413-43417 [2020-15646]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Presidential Documents]
[Pages 43413-43417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15646]




                        Presidential Documents 



Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 43413]]

                Executive Order 13936 of July 14, 2020

                
The President's Executive Order on Hong Kong 
                Normalization

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the United States-Hong Kong Policy 
                Act of 1992 (Public Law 102-393), the Hong Kong Human 
                Rights and Democracy Act of 2019 (Public Law 116-76), 
                the Hong Kong Autonomy Act of 2020, signed into law 
                July 14, 2020, the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) 
                (NEA), section 212(f) of the Immigration and 
                Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 
                301 of title 3, United States Code,

                I, DONALD J. TRUMP, President of the United States of 
                America, determine, pursuant to section 202 of the 
                United States-Hong Kong Policy Act of 1992, that the 
                Special Administrative Region of Hong Kong (Hong Kong) 
                is no longer sufficiently autonomous to justify 
                differential treatment in relation to the People's 
                Republic of China (PRC or China) under the particular 
                United States laws and provisions thereof set out in 
                this order. In late May 2020, the National People's 
                Congress of China announced its intention to 
                unilaterally and arbitrarily impose national security 
                legislation on Hong Kong. This announcement was merely 
                China's latest salvo in a series of actions that have 
                increasingly denied autonomy and freedoms that China 
                promised to the people of Hong Kong under the 1984 
                Joint Declaration of the Government of the United 
                Kingdom of Great Britain and Northern Ireland and the 
                Government of the People's Republic of China on the 
                Question of Hong Kong (Joint Declaration). As a result, 
                on May 27, 2020, the Secretary of State announced that 
                the PRC had fundamentally undermined Hong Kong's 
                autonomy and certified and reported to the Congress, 
                pursuant to sections 205 and 301 of the United States-
                Hong Kong Policy Act of 1992, as amended, respectively, 
                that Hong Kong no longer warrants treatment under 
                United States law in the same manner as United States 
                laws were applied to Hong Kong before July 1, 1997. On 
                May 29, 2020, I directed the heads of executive 
                departments and agencies (agencies) to begin the 
                process of eliminating policy exemptions under United 
                States law that give Hong Kong differential treatment 
                in relation to China.

                China has since followed through on its threat to 
                impose national security legislation on Hong Kong. 
                Under this law, the people of Hong Kong may face life 
                in prison for what China considers to be acts of 
                secession or subversion of state power--which may 
                include acts like last year's widespread anti-
                government protests. The right to trial by jury may be 
                suspended. Proceedings may be conducted in secret. 
                China has given itself broad power to initiate and 
                control the prosecutions of the people of Hong Kong 
                through the new Office for Safeguarding National 
                Security. At the same time, the law allows foreigners 
                to be expelled if China merely suspects them of 
                violating the law, potentially making it harder for 
                journalists, human rights organizations, and other 
                outside groups to hold the PRC accountable for its 
                treatment of the people of Hong Kong.

                I therefore determine that the situation with respect 
                to Hong Kong, including recent actions taken by the PRC 
                to fundamentally undermine Hong Kong's autonomy, 
                constitutes an unusual and extraordinary threat, which 
                has its source in substantial part outside the United 
                States, to the national security,

[[Page 43414]]

                foreign policy, and economy of the United States. I 
                hereby declare a national emergency with respect to 
                that threat.

                In light of the foregoing, I hereby determine and 
                order:

                Section 1. It shall be the policy of the United States 
                to suspend or eliminate different and preferential 
                treatment for Hong Kong to the extent permitted by law 
                and in the national security, foreign policy, and 
                economic interest of the United States.

                Sec. 2. Pursuant to section 202 of the United States-
                Hong Kong Policy Act of 1992 (22 U.S.C. 5722), I hereby 
                suspend the application of section 201(a) of the United 
                States-Hong Kong Policy Act of 1992, as amended (22 
                U.S.C. 5721(a)), to the following statutes:

                    (a) section 103 of the Immigration Act of 1990 (8 
                U.S.C. 1152 note);
                    (b) sections 203(c), 212(l), and 221(c) of the 
                Immigration and Nationality Act of 1952, as amended (8 
                U.S.C. 1153(c), 1182(l), and 1201(c), respectively);
                    (c) the Arms Export Control Act (22 U.S.C. 2751 et 
                seq.);
                    (d) section 721(m) of the Defense Production Act of 
                1950, as amended (50 U.S.C. 4565(m));
                    (e) the Export Control Reform Act of 2018 (50 
                U.S.C. 4801 et seq.); and
                    (f) section 1304 of title 19, United States Code.

                Sec. 3. Within 15 days of the date of this order, the 
                heads of agencies shall commence all appropriate 
                actions to further the purposes of this order, 
                consistent with applicable law, including, to:

                    (a) amend any regulations implementing those 
                provisions specified in section 2 of this order, and, 
                consistent with applicable law and executive orders, 
                under IEEPA, which provide different treatment for Hong 
                Kong as compared to China;
                    (b) amend the regulation at 8 CFR 212.4(i) to 
                eliminate the preference for Hong Kong passport holders 
                as compared to PRC passport holders;
                    (c) revoke license exceptions for exports to Hong 
                Kong, reexports to Hong Kong, and transfers (in-
                country) within Hong Kong of items subject to the 
                Export Administration Regulations, 15 CFR Parts 730-
                774, that provide differential treatment compared to 
                those license exceptions applicable to exports to 
                China, reexports to China, and transfers (in-country) 
                within China;
                    (d) consistent with section 902(b)(2) of the 
                Foreign Relations Authorization Act, Fiscal Years 1990 
                and 1991 (Public Law 101-246), terminate the export 
                licensing suspensions under section 902(a)(3) of such 
                Act insofar as such suspensions apply to exports of 
                defense articles to Hong Kong persons who are 
                physically located outside of Hong Kong and the PRC and 
                who were authorized to receive defense articles prior 
                to the date of this order;
                    (e) give notice of intent to suspend the Agreement 
                Between the Government of the United States of America 
                and the Government of Hong Kong for the Surrender of 
                Fugitive Offenders (TIAS 98-121);
                    (f) give notice of intent to terminate the 
                Agreement Between the Government of the United States 
                of America and the Government of Hong Kong for the 
                Transfer of Sentenced Persons (TIAS 99-418);
                    (g) take steps to end the provision of training to 
                members of the Hong Kong Police Force or other Hong 
                Kong security services at the Department of State's 
                International Law Enforcement Academies;
                    (h) suspend continued cooperation undertaken 
                consistent with the now-expired Protocol Between the 
                U.S. Geological Survey of the Department of the 
                Interior of the United States of America and Institute 
                of Space and Earth Information Science of the Chinese 
                University of Hong Kong Concerning Scientific and 
                Technical Cooperation in Earth Sciences (TIAS 09-1109);

[[Page 43415]]

                    (i) take steps to terminate the Fulbright exchange 
                program with regard to China and Hong Kong with respect 
                to future exchanges for participants traveling both 
                from and to China or Hong Kong;
                    (j) give notice of intent to terminate the 
                agreement for the reciprocal exemption with respect to 
                taxes on income from the international operation of 
                ships effected by the Exchange of Notes Between the 
                Government of the United States of America and the 
                Government of Hong Kong (TIAS 11892);
                    (k) reallocate admissions within the refugee 
                ceiling set by the annual Presidential Determination to 
                residents of Hong Kong based on humanitarian concerns, 
                to the extent feasible and consistent with applicable 
                law; and
                    (l) propose for my consideration any further 
                actions deemed necessary and prudent to end special 
                conditions and preferential treatment for Hong Kong.

                Sec. 4. All property and interests in property that are 
                in the United States, that hereafter come within the 
                United States, or that are or hereafter come within the 
                possession or control of any United States person, of 
                the following persons are blocked and may not be 
                transferred, paid, exported, withdrawn, or otherwise 
                dealt in:

                    (a) Any foreign person determined by the Secretary 
                of State, in consultation with the Secretary of the 
                Treasury, or the Secretary of the Treasury, in 
                consultation with the Secretary of State:

(i) to be or have been involved, directly or indirectly, in the coercing, 
arresting, detaining, or imprisoning of individuals under the authority of, 
or to be or have been responsible for or involved in developing, adopting, 
or implementing, the Law of the People's Republic of China on Safeguarding 
National Security in the Hong Kong Administrative Region;

(ii) to be responsible for or complicit in, or to have engaged in, directly 
or indirectly, any of the following:

  (A) actions or policies that undermine democratic processes or 
institutions in Hong Kong;

  (B) actions or policies that threaten the peace, security, stability, or 
autonomy of Hong Kong;

  (C) censorship or other activities with respect to Hong Kong that 
prohibit, limit, or penalize the exercise of freedom of expression or 
assembly by citizens of Hong Kong, or that limit access to free and 
independent print, online or broadcast media; or

  (D) the extrajudicial rendition, arbitrary detention, or torture of any 
person in Hong Kong or other gross violations of internationally recognized 
human rights or serious human rights abuse in Hong Kong;

(iii) to be or have been a leader or official of:

  (A) an entity, including any government entity, that has engaged in, or 
whose members have engaged in, any of the activities described in 
subsections (a)(i), (a)(ii)(A), (a)(ii)(B), or (a)(ii)(C) of this section; 
or

  (B) an entity whose property and interests in property are blocked 
pursuant to this order.

(iv) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of, any person whose property and interests in property are blocked 
pursuant to this section;

(v) to be owned or controlled by, or to have acted or purported to act for 
or on behalf of, directly or indirectly, any person whose property and 
interests in property are blocked pursuant to this section; or

[[Page 43416]]

(vi) to be a member of the board of directors or a senior executive officer 
of any person whose property and interests in property are blocked pursuant 
to this section.

                    (b) The prohibitions in subsection (a) of this 
                section apply except to the extent provided by 
                statutes, or in regulations, orders, directives, or 
                licenses that may be issued pursuant to this order, and 
                notwithstanding any contract entered into or any 
                license or permit granted before the date of this 
                order.

                Sec. 5. I hereby determine that the making of donations 
                of the types of articles specified in section 203(b)(2) 
                of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the 
                benefit of any person whose property and interests in 
                property are blocked pursuant to section 4 of this 
                order would seriously impair my ability to deal with 
                the national emergency declared in this order, and I 
                hereby prohibit such donations as provided by section 4 
                of this order.

                Sec. 6. The prohibitions in section 4(a) of this order 
                include:

                    (a) the making of any contribution or provision of 
                funds, goods, or services by, to, or for the benefit of 
                any person whose property and interests in property are 
                blocked pursuant to section 4(a) of this order; and
                    (b) the receipt of any contribution or provision of 
                funds, goods, or services from any such person.

                Sec. 7. The unrestricted immigrant and nonimmigrant 
                entry into the United States of aliens determined to 
                meet one or more of the criteria in section 4(a) of 
                this order, as well as immediate family members of such 
                aliens, or aliens determined by the Secretary of State 
                to be employed by, or acting as an agent of, such 
                aliens, would be detrimental to the interest of the 
                United States, and the entry of such persons into the 
                United States, as immigrants and nonimmigrants, is 
                hereby suspended. Such persons shall be treated as 
                persons covered by section 1 of Proclamation 8693 of 
                July 24, 2011 (Suspension of Entry of Aliens Subject to 
                United Nations Security Council Travel Bans and 
                International Emergency Economic Powers Act Sanctions). 
                The Secretary of State shall have the responsibility of 
                implementing this section pursuant to such conditions 
                and procedures as the Secretary has established or may 
                establish pursuant to Proclamation 8693.

                Sec. 8. (a) Any transaction that evades or avoids, has 
                the purpose of evading or avoiding, causes a violation 
                of, or attempts to violate any of the prohibitions set 
                forth in this order is prohibited.

                    (b) Any conspiracy formed to violate any of the 
                prohibitions set forth in this order is prohibited.

                Sec. 9. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the Federal Government by employees, grantees, or 
                contractors thereof.

                Sec. 10. For the purposes of this order:

                    (a) the term ``person'' means an individual or 
                entity;
                    (b) the term ``entity'' means a government or 
                instrumentality of such government, partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization, including an 
                international organization;
                    (c) the term ``United States person'' means any 
                United States citizen, permanent resident alien, entity 
                organized under the laws of the United States or any 
                jurisdiction within the United States (including 
                foreign branches), or any person in the United States; 
                and
                    (d) The term ``immediate family member'' means 
                spouses and children of any age.

                Sec. 11. For those persons whose property and interests 
                in property are blocked pursuant to this order who 
                might have a constitutional presence in the United 
                States, I find that because of the ability to transfer 
                funds or other assets instantaneously, prior notice to 
                such persons of measures to be taken pursuant to 
                section 4 of this order would render those measures

[[Page 43417]]

                ineffectual. I therefore determine that for these 
                measures to be effective in addressing the national 
                emergency declared in this order, there need be no 
                prior notice of a listing or determination made 
                pursuant to section 4 of this order.

                Sec. 12. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                take such actions, including adopting rules and 
                regulations, and to employ all powers granted to me by 
                IEEPA as may be necessary to implement this order. 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 of the United States shall take all 
                appropriate measures within their authority to 
                implement this order.

                Sec. 13. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                submit recurring and final reports to the Congress on 
                the national emergency declared in this order, 
                consistent with section 401(c) of the NEA (50 U.S.C. 
                1641(c)) and section 204(c) of IEEPA (50 U.S.C. 
                1703(c)).

                Sec. 14. (a) Nothing in this order shall be construed 
                to impair or otherwise affect:

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

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

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order 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.

                Sec. 15. If, based on consideration of the terms, 
                obligations, and expectations expressed in the Joint 
                Declaration, I determine that changes in China's 
                actions ensure that Hong Kong is sufficiently 
                autonomous to justify differential treatment in 
                relation to the PRC under United States law, I will 
                reconsider the determinations made and actions taken 
                and directed under this order.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    July 14, 2020.

[FR Doc. 2020-15646
Filed 7-16-20; 8:45 am]
Billing code 3295-F0-P