22 U.S.C. § 5723 — Rules and regulations

Page 1692 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5715 tive Region which do not involve travel to, from, or through other parts of the People’s Republic of China. (8) The United States should make every ef- fort to ensure that the negotiations described in paragraph (7) lead to procompetitive air service agreements. (Pub. L. 102–383, title I, § 104, Oct. 5, 1992, 106 Stat. 1451.) § 5715. Cultural and educational exchanges It is the sense of the Congress that the fol- lowing, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to cul- tural and educational exchanges with Hong Kong: (1) The United States should seek to main- tain and expand United States-Hong Kong re- lations and exchanges in culture, education, science, and academic research. The United States should encourage American participa- tion in bilateral exchanges with Hong Kong, both official and unofficial. (2) The United States should actively seek to further United States-Hong Kong cultural re- lations and promote bilateral exchanges, in- cluding the negotiating and concluding of ap- propriate agreements in these matters. (3) Hong Kong should be accorded separate status as a full partner under the Fulbright Academic Exchange Program (apart from the United Kingdom before July 1, 1997, and apart from the People’s Republic of China there- after), with the continuation or establishment of a Fulbright Commission or functionally equivalent mechanism. (4) The United States should actively en- courage Hong Kong residents to visit the United States on nonimmigrant visas for such purposes as business, tourism, education, and scientific and academic research, in accord- ance with applicable United States and Hong Kong laws. (5) Upon the request of the Legislative Coun- cil of Hong Kong, the Librarian of Congress, acting through the Congressional Research Service, should seek to expand educational and informational ties with the Council. (Pub. L. 102–383, title I, § 105, Oct. 5, 1992, 106 Stat. 1452.) SUBCHAPTER II—STATUS OF HONG KONG IN UNITED STATES LAW § 5721. Continued application of United States law (a) In general Notwithstanding any change in the exercise of sovereignty over Hong Kong, the laws of the United States shall continue to apply with re- spect to Hong Kong, on and after July 1, 1997, in the same manner as the laws of the United States were applied with respect to Hong Kong before such date unless otherwise expressly pro- vided by law or by Executive order under section 5722 of this title. (b) International agreements For all purposes, including actions in any court in the United States, the Congress ap- proves the continuation in force on and after July 1, 1997, of all treaties and other inter- national agreements, including multilateral conventions, entered into before November 27, 2019, between the United States and Hong Kong, or entered into before November 27, 2019, be- tween the United States and the United King- dom and applied to Hong Kong, unless or until terminated in accordance with law. If in car- rying out this subchapter, the President deter- mines that Hong Kong is not legally competent to carry out its obligations under any such trea- ty or other international agreement, or that the continuation of Hong Kong’s obligations or rights under any such treaty or other inter- national agreement is not appropriate under the circumstances, such determination shall be re- ported to the Congress in accordance with sec- tion 5731 of this title. (Pub. L. 102–383, title II, § 201, Oct. 5, 1992, 106 Stat. 1452; Pub. L. 116–76, § 4(a)(1), Nov. 27, 2019, 133 Stat. 1163.) Editorial Notes AMENDMENTS 2019—Subsec. (b). Pub. L. 116–76 substituted ‘‘Novem- ber 27, 2019’’ for ‘‘such date’’ in two places. § 5722. Presidential order (a) Presidential determination On or after July 1, 1997, whenever the Presi- dent determines that Hong Kong is not suffi- ciently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People’s Republic of China, the President may issue an Executive order suspending the ap- plication of section 5721(a) of this title to such law or provision of law. (b) Factor for consideration In making a determination under subsection (a) with respect to the application of a law of the United States, or any provision thereof, to Hong Kong, the President should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong. (c) Publication in Federal Register Any Executive order issued under subsection (a) shall be published in the Federal Register and shall specify the law or provision of law af- fected by the order. (d) Termination of suspension An Executive order issued under subsection (a) may be terminated by the President with re- spect to a particular law or provision of law whenever the President determines that Hong Kong has regained sufficient autonomy to jus- tify different treatment under the law or provi- sion of law in question. Notice of any such ter- mination shall be published in the Federal Reg- ister. (Pub. L. 102–383, title II, § 202, Oct. 5, 1992, 106 Stat. 1453.) § 5723. Rules and regulations The President is authorized to prescribe such rules and regulations as the President may deem appropriate to carry out this chapter. Page 1693 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5726 (Pub. L. 102–383, title II, § 203, Oct. 5, 1992, 106 Stat. 1453.) § 5724. Consultation with Congress In carrying out this subchapter, the President shall consult appropriately with the Congress. (Pub. L. 102–383, title II, § 204, Oct. 5, 1992, 106 Stat. 1453.) § 5725. Secretary of State report regarding the autonomy of Hong Kong (a) Certification (1) In general Except as provided in subsection (b), the Secretary of State, on at least an annual basis, and in conjunction with the report re- quired under section 5731 of this title, shall issue a certification to Congress that— (A) indicates whether Hong Kong con- tinues to warrant treatment under United States law in the same manner as United States laws were applied to Hong Kong be- fore July 1, 1997; (B) addresses— (i) commercial agreements; (ii) law enforcement cooperation, includ- ing extradition requests; (iii) sanctions enforcement; (iv) export controls, and any other agree- ments and forms of exchange involving dual use, critical, or other sensitive tech- nologies; (v) any formal treaties or agreements be- tween the United States and Hong Kong; (vi) other areas of bilateral cooperation that the Secretary determines to be rel- evant; and (vii) decision-making within the Govern- ment of Hong Kong, including executive, legislative, and judicial structures, includ- ing— (I) freedom of assembly; (II) freedom of speech; (III) freedom of expression; and (IV) freedom of the press, including the Internet and social media; (viii) universal suffrage, including the ultimate aim of the selection of the Chief Executive and all members of the Legisla- tive Council by universal suffrage; (ix) judicial independence; (x) police and security functions; (xi) education; (xii) laws or regulations regarding trea- son, secession, sedition, subversion against the Central People’s Government of the People’s Republic of China, or theft of state secrets; (xiii) laws or regulations regarding for- eign political organizations or bodies; (xiv) laws or regulations regarding polit- ical organizations; and (xv) other rights enumerated in the Uni- versal Declaration of Human Rights, done at Paris December 10, 1948, and the Inter- national Covenant on Civil and Political Rights, done at New York December 19, 1966; and (C) includes— (i) an assessment of the degree of any erosions to Hong Kong’s autonomy in each category listed in subparagraph (B) result- ing from actions by the Government of the People’s Republic of China that are incon- sistent with its commitments under the Basic Law or the Joint Declaration; (ii) an evaluation of the specific impacts to any areas of cooperation between the United States and Hong Kong resulting from erosions of autonomy in Hong Kong or failures of the Government of Hong Kong to fulfill obligations to the United States under international agreements within the categories listed in subpara- graph (B); and (iii) a list of any specific actions taken by the United States Government in re- sponse to any erosion of autonomy or fail- ures to fulfill obligations to the United States under international agreements identified in this certification and the re- port required under section 5731 of this title. (2) Factor for consideration In making each certification under para- graph (1), the Secretary of State should con- sider the terms, obligations, and expectations expressed in the Joint Declaration with re- spect to Hong Kong. (3) Additional certifications The certification under section (1) shall be issued annually, but the Secretary may issue additional certifications at any time if the Secretary determines it is warranted by cir- cumstances in Hong Kong. (b) Waiver authority (1) In general The Secretary of State may waive the appli- cation of subsection (a) if— (A) the Secretary determines that such a waiver is in the national security interests of the United States; and (B) on or before the date on which the waiver takes effect, the Secretary notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Af- fairs of the House of Representatives of the intent to waive such subsection; (2) Partial waiver Except for the list of actions described in subsection (a)(1)(C)(iii), the Secretary of State may waive relevant parts of the application of subsection (a) if the President issues an Exec- utive order under section 5722 of this title that suspends the application of any particular United States law to Hong Kong. (Pub. L. 102–383, title II, § 205, as added Pub. L. 116–76, § 4(a)(2), Nov. 27, 2019, 133 Stat. 1163.) § 5726. Treatment of Hong Kong applicants for visas to study or work in the United States (a) Visa eligibility for certain Hong Kong stu- dents Notwithstanding any other provision of law, applications for visas to enter, study, or work in the United States, which are submitted by oth-