The President’s Executive Order on Hong Kong Normalization
Issued on: July 14, 2020
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, 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);
(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
(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 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.
DONALD J. TRUMP
THE WHITE HOUSE,
July 14, 2020.
united states-hong kong policy act 在 BusinessFocus Facebook 的最佳貼文
【#BF商業視野 港版國安法】美國若取消香港特殊地位,將有哪些影響?
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人大會議今日表決「港版國安法」草案,美國國務卿蓬佩奧美國時間周三(27日)(在人大表決前)表示,已經向國會提交報告,確認香港在中國政府管治之下,不再維持高度自治。意味香港不再保證享有回歸前特殊待遇,引起市場高度關注。若美國一旦取消香港特殊地位,不再視香港為一個「獨立關稅區」,將對香港造成哪些影響?
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「失去零關稅稅率 」
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美國一向視香港為「獨立關稅區」,這亦是香港特殊之處。換句話說,就是美方承諾讓香港在貿易上與中國內地享有不同待遇。近年來中美展開關稅戰,美國對中國進口商品加徵關稅或實施出口管制,但香港因享有特權而不會受直接影響。若美國取消香港特殊地位,不再視香港為一個「獨立關稅區」,美國徵收與中國同等的關稅及實施進出口限制,香港對中國的轉口價值將大大貶低。
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「企業來港設點將受限制」
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如香港特殊地位被取消,美國政府或會比照對待中國方式嚴查各類流入香港的資金,或是香港的資金進出受到美國一定的管制,到時香港的主權評級勢必被調降。外界也懷疑,美方可能強限制某些企業在香港設總部或加大力度監管資金,如真實施,相信香港作為金融中心的吸引力將較之前削弱。
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「不可購買敏感性技術」
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即使美方對中方實施出口管制,但香港仍可在美國出口管制下購買敏感技術。若美國取消香港特殊地位,香港要購買美國高科技產品相信將同樣受限。目前為止,香港仍可在美國出口管制下購買敏感性技術,例如超級電腦等,但要確保無不當用途。
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「赴美簽證不再獲獨立看待」
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《關係法》之下,香港特區護照獲美國承認,申請赴美簽證獲獨立看待。如香港特殊地位被動搖,相信白宮可能在簽證等方面繼續採取措施。目前為止,香港特區護照仍獲美國承認。
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什麼是《香港關係法》?
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美國國會於1992年通過《美國-香港政策法》(United States–Hong Kong Policy Act),又稱為《香港關係法》。在一國兩制的框架下,將香港區別於中國及美資在這個國際金融中心和自由港的營商。香港因擁有美方承認的「獨立關稅區」和獨立航運登記處等特殊地位,中國可藉此繞過美國的出口管制。例子有孟晚舟利用香港註冊公司,繞過歐美與伊朗做生意。
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united states-hong kong policy act 在 3Q 陳柏惟 Facebook 的最讚貼文
今天,我們可能會見證到 『一國兩制』 這個世紀大騙局,同時在香港和台灣的滅亡。在香港,是由於中國毀約,坑殺了香港人;在台灣,是因為台灣人的覺醒,唾棄了中國政客。
香港23條是什麼?
大意:禁止叛國、反裂國家、煽動叛亂、顛覆中共政府、和外國政治組織聯絡行為等等,這修法一直是香港的指標,關乎著一國兩制的門面。
2003年,23條立法讓50萬人上街,是反送中前最大反彈,讓港府暫緩立法,透過其他方式來壓迫港人。
這次中國直接開後門繞過23條,用後門條款,把中國法律放在基本法附件,直接立一個中國國內法,來鎮壓香港,根本不用香港立法會同意,也就是一國兩制實質死掉了。
注意,2019/11/24香港區議會選舉、中共潰敗,距離2018/11/24台灣地方選舉、親中勢力大勝,正好一年。但就在這個11月,武漢肺炎已經在社區開始流竄,而中國完全封鎖訊息。 1月武漢肺炎傳播到世界,中國一邊隱瞞消息,一邊收購防疫物資,特別也下令香港不能封鎖邊境,果然香港在防疫氣氛下,民主派政治活動瓦解。把民主派領導人抓一抓,去年遊行的學生判刑,再上街的我就打、就讓你失蹤。再趁兩會期間,中國不裝了,直接打香港給世界看。
中國渡過新年,病毒散播到世界後,就對香港動手。這是很可怕的歷史巧合。
在中國挫敗,民主派獲勝之時,新一波攻擊早就開始醞釀。我們永遠不能掉以輕心,唯一存活的準則是,只要和中國唱和的政治人物,就是拔掉,不要讓他多活一個月。
過去鄧小平搞一國兩制,其實想著的是台灣。當初原本是想藉著香港的例子 ,「吸引台灣」 來歸。然而放棄一國兩制,代表中國放棄40年來國策,將走中國天朝帝國主義的外交路線,直接侵略周邊國家。
中國怎樣對香港媒體、怎樣破壞香港經濟、怎樣在香港炒房、怎樣引入中國移民、怎樣扶植香港親共派、怎樣鎮壓反對人士、怎樣屠殺香港人民,就同樣會用在台灣人身上。
原本的「一國兩制」,中國能管轄的是香港的外交及國防,香港能用「中國香港」的名義參與國際組織,但若現在新國安法的介入,不少國際組織,會重新審視香港的參加資格,特別是世界貿易組織規定,獨立關稅區的要件,是成員在貿易事務上有「完全自治權」。因此香港在世界貿易組織賴以存活的「獨立關稅區」身份,很可能被取消。
1992 年,美國國會提出並通過《香港關係法》(United States–Hong Kong Policy Act),為1997 年香港主權正式移交回中國前作出相關準備,讓美資在香港的國際金融貿易,能夠以獨立關稅區的身份,有別於中國,香港的人權、民主和自治也間接受到了庇蔭。但在此法中,美國總統可以視情況頒布行政命令,停止香港「獨立關稅區」的身份。
若這被取消,香港華麗的榮景就是末日了。
但題外話是,很可能藉香港洗錢的部分中國高層會先崩潰。
美中對壘態勢越來越明確,中國內部政權恐怕也不太穩定,掌權者可能企圖轉移內部矛盾,拿香港作為祭品。
而美國國內,這兩年也以國安之名,公布加強外國在美投資新規:如果交易使得外國政府在這類公司中持有實質性權益,那麼交易就必須接受強制審查。很明顯的,美中貿易持續戰爭,美國現在在處理製造業撤出中國,比方蘋果airpods生產線設越南,而另外要撥原本中國20%的產能要去印度。再說到近期瑞幸咖啡案,引起美國監管機構的注意與憤怒,美國起訴中國企業時,經常在過程中,被中國以保護國家機密為由迴避。美國會不會順便加碼,組泛太平洋民主經濟大聯盟,連金融業也要開始對中防備,這是有可能的。
這告訴我們國際間明顯的趨勢,要跟誰做朋友、誰是我們的敵人,答案很好選!唯有獨立才是王道,和中國任何方式的結合,都將走向悲劇。
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