《梅克爾下台倒數14天》BBC
* 歐洲女王曾經是梅克爾的眾多稱號之一。但現在,這位強大的德國總理,本月選舉後,將遠離政治,永遠離開她女王的標籤。
梅克爾是現任歐盟領導人中任職時間最長的領袖。她參加了大約 100 次歐盟峰會,經常被描述為“房間裡唯一的成年人”。
事實確實如此:她令人難忘地幫助引導歐盟度過了移民危機、歐債危機、Covid-19,甚至是英國退歐。
但這是兩個不同的梅克爾混合的故事。
她的歐洲遺產,就像她的國內遺產一樣,也是相互混合甚至矛盾的。
在她的家鄉,她仍受到批評——她掌舵德國的 16 年裡,她是一名 遲疑著Krisenmanagerin,或危機經理,經常等到最後一刻才採取行動;一個務實主義者,沒有遠見卓識——包括她在歐洲舞台上的記錄。
這些都很重要,因為在梅克爾離開政壇許久之後,它們都將成為她真正的歷史評價的核心。
務實主義者梅克爾可能已經幫助歐盟度過了無數生存危機。
但是,如果梅克爾作為歐盟最富有和最有影響力的國家的領導人,能夠更果斷地利用自己的長期地位,那麼她可能會讓歐盟變得更加虛弱和無舵。
以 2015 年歐元區危機為例。
即使是希臘火熱的財政部長亞尼斯·瓦魯法基斯也承認,梅克爾通過讓他的國家保持在貨幣中拯救了歐元,儘管希臘因此財政仍然拮据。
“確實,她最終負責維持歐元區的團結,因為如果希臘退出歐元區,我不相信它維持一體,”。
“但我對她的政策有一些非常強烈的不同意見。她對於歐元區從來沒有遠見。她從來沒有想過一旦她拯救了歐元區,該如何進一步處理它,而且她拯救它的方式變得非常分裂。無論是在德國還是在希臘。”
梅克爾知道大方向,但她太務實,走一步算一步。
希臘總理瓦魯法基斯 (Yanis Varoufakis) 引用了她強加於希臘的重大緊縮措施,批評她。
在雅典,2015 年反德和反歐盟的不滿情緒蔓延街頭。抗議者揮舞著梅克爾的標語牌,留著希特勒的小鬍子,有些人焚燒歐盟旗幟。
西班牙和義大利也被迫面對許多納稅人認為不公平的緊縮措施,他們認為,這是梅克爾強加給他們的。
於是義大利從一個狂熱的親歐派轉變為一個狂熱的歐洲懷疑論的國家。
憤怒的選民相信歐元區的規則是為了強大的德國利益而設計的,以支持其利潤豐厚的出口行業。
他們說,如果像德國這樣更強大、更富有的成員國不幫助較弱、陷入困境的成員國,他們就看不到加入歐盟或歐洲共同市場的意義。
當你需要他們時,德國納稅人在哪裡?他們想知道。
這導致了針對梅克爾的另一項批評:最終她的學說只是歐洲的“德國優先”學說。
你可能會說,這並不奇怪。
首先,每個國家當選的領導人都可能優先考慮他們的國家。
但是後來——這是德國特有的——因為納粹歷史,德國人和歷屆總理,常常對國際中扮演重要的領導角色,非常謹慎。
所以,歐洲女王的稱號當之無愧嗎?
梅克爾總理的確最終出手干預以拯救歐元區,但她也在歐盟內部引發了深刻的南北分歧。
在難民危機期間和 Covid 大流行開始時,這樣的分裂危機再次出現——南歐人感到被遺棄,他們總是首當其沖地面對這些緊急情況,而且孤立無援。
雖然最終他們仍然感謝梅克爾,即使她往往很晚才出手.才行動。
這就是為什麼她的歐盟歷史遺產好壞參半。
但她在歐盟也樹立了一個驚人的先例。
與之前的處理歐元危機慢吞吞不同,Covid-19 危機對像德國這樣的富裕國家,承擔了較貧窮的歐盟國家的疫苗需求及經濟債務。
這又突顯了德國總理必要會採取的激進立場,尤其她必須面對德國國內要求平衡預算的傳統壓力。
法國經濟部長Bruno Le Maire是歐盟 Covid 復甦基金的主要設計師,該基金由德國梅克爾夫人和法國總統馬克洪Emmanuel Macron) 共同向歐盟領導人提議。
由於梅克爾在大流行疾病時歐盟一體採購疫苗的勇氣,這位歐盟遊戲規則改變者認為:“事實證明,梅克爾能夠根據德國當前的思維方式做出決定,並支持歐洲大陸更好的整合和更高的效率.”
勒梅爾先生認為,梅克爾總理認為,如果她不簽約,歐洲在大流行之後的未來就會岌岌可危。
當然,另一種觀點是,梅克爾所以採取快速行動,仍然是以德國的最佳利益為首要考量。
她可能非常清楚,如果義大利、西班牙、法國或其他國家因大流行而在經濟上窒息,歐盟的單一市場可能會崩潰。
市場是德國企業的主要賺錢來源。
因此,危機經理梅克爾 (Angela Merkel) 挽起袖子,採取了戲劇性、務實的行動。
她不僅在德國,在其他地方創造了歷史和頭條新聞。
儘管此行達還沒有達到梅克爾對歐盟移民危機的回答所引發的令人興奮的程度。
2015 年夏末,梅克爾 (Angela Merkel) 向超過 100 萬難民和尋求庇護者開放德國邊境時,她登上了全世界的頭版——有人稱讚,有人嘲笑。
回到家鄉,一些人自豪地吹噓自己國家的 Willkommenkultur,他們歡迎他人的文化,以梅克爾 (Angela Merkel) 為標誌。
其他人被這些難民的到來激怒,湧向極右翼 AfD,促使其成為自第二次世界大戰結束以來第一個在德國聯邦議會中贏得席位的極右翼政黨。
她的移民決定對歐盟的影響是巨大的,也是喜憂參半的。
歐盟在 2012 年獲得了諾貝爾和平獎。然而,僅僅三年後,其成員國就開始相互封鎖邊境,以阻止難民進入,其中許多人是為了逃離曾經是英法分割殖民的敘利亞戰爭。
這位德國領導人的行動幫助恢復了歐盟作為歐盟創始原則第 2 條規定,人權捍衛者的聲譽。
據美國副國家安全顧問兼總統的得力助手本·羅德斯說,美國總統歐巴馬受到了她很大鼓舞。
“這是歐巴馬所處的時代,當時世界上很少有政治領導人會做一些他們知道會在政治上造成破壞民調、聲望的事情,儘管他們認為這是正確的事情。
“當梅克爾決定接納所有這些難民時,很明顯這會引起政治反彈,歐巴馬對此以及她為之辯護的方式,感到難以置信。”
根據羅德斯先生的說法,歐巴馬鼓勵德國總理更有力地為捍衛歐洲發聲,尤其是在川普當選和英國脫歐公投之後。
羅德斯先生說,到 2016 年底,歐巴馬先生開始相信梅克爾和柏林現在必將成為“自由民主秩序的重心”。
布魯塞爾從此沐浴在梅克爾的光芒中。
另一方面,你可能會問,為什麼梅克爾沒有向歐盟領導人施壓,讓他們在 2015 年移民危機之前做好更好的準備?
在敘利亞和利比亞發生事件之後,這並不令人意外。
絕望的難民和尋求庇護者在試圖非法越境進入歐洲的海上喪生,歐盟國家則在試圖將他們拒之門外時,進行假人道了表演。
先是人道主義,之後又是務實主義,梅克爾總理後來因在代表歐盟與土耳其獨裁總統埃爾多安(Recep Tayyip Erdogan)達成有爭議的協議中發揮的關鍵作用而受到國際特赦組織和難民組織的抨擊。
該協議要求土耳其不僅要防止難民和其他人登上開往歐洲的走私船,還要開始接回那些設法登陸希臘海岸的人。
還有更多“是的,但是”的例子,當談到梅克爾(Angela Merkel)時,所謂的歐盟捍衛人權的堡壘,已經是她的名字。
是的,今年夏天,她和其他 16 位歐盟領導人簽署了一封聯名信,以捍衛 LGBTQ+ 社區,當時就成員國匈牙利的一項新法律引發了激烈的爭議。
但多年來,梅克爾也被許多人視為匈牙利民主倒退的推動者。
匈牙利自封為“非自由派”的總理維克托·奧爾班直到最近還是梅克爾總理在布魯塞爾的中右翼 EPP 小組的成員,保證了它在歐洲議會中的更多席位和影響力。疏遠他是有問題的,她再次沒有採取果斷行動。
匈牙利及其歐盟盟友波蘭——德國企業的重要合作夥伴——令人得到的結論是,梅克爾和整個歐盟,在涉及其人權記錄和法治並不一致。
西班牙前外交部長兼世界銀行集團前副行長安娜·帕拉西奧(Ana Palacio)最近指責德國有效地領導了她所說的歐洲控制其非自由成員的“非戰略”。她說,如果德國想採取行動維護歐盟保護人權和法治的創始原則,它就會發生。
帕拉西奧女士還抨擊了歐盟的外交政策,將缺乏方向和“可疑決定”歸咎於梅克爾(Angela Merkel)的大門:從歐盟與土耳其的交易到與中國的全面投資協議。該協議於去年 12 月在德國擔任歐盟 6 個月輪值主席國結束時簽署,令當時即將上任的華盛頓拜登政府感到震驚。
2020年,中國是德國最重要的貨物貿易夥伴。
安格拉·梅克爾 (Angela Merkel) 經常受到抨擊,因為她似乎允許德國的貿易利益決定其國家的外交政策,從而對歐盟產生影響。
最後是搞好與俄羅斯的關係。
通過在俄羅斯和德國之間建造北溪 2 管道以確保更便宜的能源,她被指責削弱了歐盟的政治團結和戰略一致性,並讓普丁不感到他必須面對強大的歐盟影響力。
許多中歐和東歐國家反對這條管道。烏克蘭總統沃洛德米爾·澤倫斯基最近將北溪二號稱為“危險的地緣政治武器”。
梅克爾只堅稱,如果莫斯科濫用管道,歐盟將對其實施進一步製裁。
她的另一面,她一直是對烏克蘭制裁俄羅斯的熱情倡導者。 2020 年 8 月,當著名的俄羅斯反對派政治家阿列克謝·納瓦爾尼 (Alexei Navalny) 被毒死時,這位德國領導人讓他飛往柏林的一家醫院,在那裡她採取了非常不尋常的步驟,突然拜訪了他。
再一次混合面貌的梅克爾歷史臉孔。
這篇文章的目的並不是要求梅克爾 (Angela Merkel) 面對歐盟的所有弊病。
在布魯塞爾,梅克爾的師父科爾被視為現代歐盟的創始人。他支持歐元的想法,反對當時德國的多數輿論。他的理由是政治上的,而不是經濟上的。
科爾認為,共同貨幣將防止歐洲鄰國之間發生進一步的戰爭。
科爾還推動德國統一,這讓德國西部的納稅人付出了代價。通過這樣做,他使東歐和中歐更接近歐盟,即使加入歐盟的前景仍然很遙遠。
相比之下,安格拉·梅克爾 (Angela Merkel) 的歐洲王冠就不那麼好了。危機時期的關鍵歐盟人物?她只是讓幫派團結在一起的膠水?
是的。
她是一個自信的新歐盟未來的建築師?可能不是。
法國的埃馬紐埃爾·馬克洪 (Emmanuel Macron) 渴望獲得這個頭銜。
四年前在巴黎,他要求在宣布總統選舉勝利時演奏貝多芬的第九首——歐盟國歌。綽號“歐洲先生”的他有一個雄心勃勃的歐盟改革計劃,包括從美國獲得戰略自主權——或者至少減少對美國的依賴,但他需要安格拉·梅克爾的幫助。
幫助為所謂的歐洲法德發動機注入活力 - 並幫助德國納稅人的錢投資,使他的 21 世紀歐盟願景成為現實。
這在德國並不是最流行的想法,因為安吉拉·梅克爾 (Angela Merkel) 非常清楚。
多年來,她一再的反擊和無休止的拖延戰術,直到 Covid 復甦基金,導致她被悄悄地稱為 Nein 總理。
柏林對法國總統的政府有自己的綽號,Scattergun。顯然是因為他們不斷為歐洲提出各種不同的想法:從擁有自己的國防力量到環境建議,再到新的歐盟貿易精神和歐元貨幣整合。
無論德國的下一任總理在本月的選舉之後是誰,而且競選已經白熱化,他或她將缺乏安吉拉·梅克爾多年來在布魯塞爾積累的經驗和莊嚴。
埃馬紐埃爾·馬克洪(Emmanuel Macron)看到了歐盟議席頭上的默克爾形狀的洞,並希望填補它。
如果他這樣做,歐盟可能會發生一些重大變化。這位在法國被稱為愛麗舍宮皇帝的人,很想被加冕為歐洲之王。
不過,首先,他必須贏得四月份的法國總統大選。
這絕非易事。
For her part, Angela Merkel insists the EU will impose further sanctions on Moscow if it abuses the pipeline.
She has been a passionate advocate of sanctions against Russia over Ukraine. And when prominent Russian opposition politician Alexei Navalny was poisoned in August 2020, the German leader had him flown to a Berlin hospital, where she took the highly unusual step of paying him a surprise visit.
A mixed legacy once again.
The aim of this article is not, of course, to lay all EU ills at Angela Merkel's door.
But when it comes to EU legacies, it's worth taking a look, as German journalists have been doing, at her late political mentor, former German Chancellor Helmut Kohl.
In Brussels, he is viewed as a founding father of the modern-day European Union. He supported the idea of the euro, against majority public opinion in Germany at the time. His reasons were political, rather than economic. Helmut Kohl believed a common currency would prevent further wars between European neighbours.
Kohl also pushed for German reunification, to the cost of taxpayers in western Germany. In so doing, he brought Eastern and Central Europe that much closer to the EU, even if membership was still a far-off prospect.
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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.
impose economic sanctions 在 范國威 Gary Fan Facebook 的最佳貼文
‼️Breaking‼️突發‼️
美國財政部周四按《全球馬格尼茨基人權問責法》(The Global Magnitsky Act),宣佈制裁4名中國人及新疆公安局,其中包括新疆黨委書記陳全國、前政法委書記朱海侖、新疆維吾爾自治區政府副主席王明山,以及現任新疆維吾爾自治區公安廳黨委書記霍留軍,指他們涉及嚴重侵犯新疆少數民族的人權。
“Treasury Sanctions Chinese Entity and Officials Pursuant to Global Magnitsky Human Rights Accountability Act...
‼️Breaking‼️突發‼️
美國財政部周四按《全球馬格尼茨基人權問責法》(The Global Magnitsky Act),宣佈制裁4名中國人及新疆公安局,其中包括新疆黨委書記陳全國、前政法委書記朱海侖、新疆維吾爾自治區政府副主席王明山,以及現任新疆維吾爾自治區公安廳黨委書記霍留軍,指他們涉及嚴重侵犯新疆少數民族的人權。
“Treasury Sanctions Chinese Entity and Officials Pursuant to Global Magnitsky Human Rights Accountability Act
July 9, 2020
Washington – Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned one Chinese government entity and four current or former government officials in connection with serious rights abuses against ethnic minorities in the Xinjiang Uyghur Autonomous Region (XUAR). These designations include Chen Quanguo, the Communist Party Secretary of XUAR, and Zhu Hailun, a former Deputy Party Secretary of the XUAR. Also designated today is the Xinjiang Public Security Bureau (XPSB), as well as the current Director and Communist Party Secretary of the XPSB, Wang Mingshan, and the former Party Secretary of the XPSB, Huo Liujun. The entity and officials are being designated for their connection to serious human rights abuse against ethnic minorities in Xinjiang, which reportedly include mass arbitrary detention and severe physical abuse, among other serious abuses targeting Uyghurs, a Turkic Muslim population indigenous to Xinjiang, and other ethnic minorities in the region.
“The United States is committed to using the full breadth of its financial powers to hold human rights abusers accountable in Xinjiang and across the world,” said Secretary Steven T. Mnuchin.
This action is being taken pursuant to Executive Order (E.O.) 13818, “Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption,” which builds upon and implements the Global Magnitsky Human Rights Accountability Act.
These designations are the latest U.S. government actions in an ongoing effort to deter human rights abuses in the Xinjiang region. On July 1, 2020, the U.S. Department of State, along with the U.S. Department of the Treasury, the U.S. Department of Commerce, and the U.S. Department of Homeland Security, issued the Xinjiang Supply Chain Business Advisory, advising businesses with potential supply chain exposure to Xinjiang to consider the reputational, economic, and legal risks of involvement with entities that engage in human rights abuses in Xinjiang, such as forced labor. On May 22, 2020, the U.S. Department of Commerce added nine PRC entities related to human rights abuses in the Xinjiang region to the Commerce Entity List; this action complemented the October 2019 addition to the Commerce Entity List of 28 entities engaged in the PRC repression campaign in the Xinjiang region. Also, in October 2019, the U.S. Department of State announced a visa restriction policy under section 212 (a)(3)(C) of the Immigration and Nationality Act for PRC and Chinese Communist Party (CCP) officials responsible for, or complicit in, human rights abuses in Xinjiang.
CHEN QUANGUO AND ZHU HAILUN
The Xinjiang region in western China is home to Uyghurs, ethnic Kazakhs, ethnic Kyrgyz, and other traditionally Muslim minority groups. XUAR is the regional government of Xinjiang and falls under the governance of the PRC. Chen Quanguo (Chen) is the Party Secretary of the XUAR, a position he was appointed to in 2016, following Chen’s notorious history of intensifying security operations in the Tibetan Autonomous Region to tighten control over the Tibetan ethnic minorities. While Chen was already known for his ability to control “ethnic unrest,” when he got to Xinjiang, he had a deputy who understood the Xinjiang region, Zhu Hailun (Zhu), who for the past few decades had held several positions in the Chinese Communist Party, prior to holding the position of Party Secretary of the Xinjiang Political and Legal Committee (XPLC) from 2016 to 2019. In this role, Zhu was responsible for maintaining internal security and law enforcement in the XUAR; while Zhu left this role in 2019, he still currently serves as the Deputy Secretary of Xinjiang’s People’s Congress, a regional legislative body. Following his arrival to the region, Chen began implementing a comprehensive surveillance, detention, and indoctrination program in Xinjiang, targeting Uyghurs and other ethnic minorities through the XPSB.
As a part of Chen’s plans, the large-scale construction of mass detention camps, labelled “training centers,” greatly escalated in 2017, and as the Party Secretary of the XPLC, Zhu established the policies and procedures for managing these detention camps with the purported goal of using the camps to fight terrorism and maintain stability. Zhu’s policies outlined how the detention camps would operate, to include not allowing “escapes” and “abnormal deaths.” At the same time, former detainees of these detention camps report that deaths occurred among fellow detainees after torture and abuse at the hands of the security officials. A large focus of these detention camps was constant surveillance, even while detainees remain totally cut off from the outside world.
Chen is being designated for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in serious human rights abuse relating to the leader’s or official’s tenure, and Zhu is being designated for being a foreign person who is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse.
REPRESSION IN THE XUAR: XINJIANG PUBLIC SECURITY BUREAU, HUO LIUJUN, AND WANG MINGSHAN
Since at least late 2016, repressive tactics have been used by the XPSB against the Uyghurs and members of other ethnic minority groups in the region, including mass detentions and surveillance. The PRC’s surveillance has targeted members of religious and ethnic minority groups, as the Chinese government treats almost all expressions of faith as a sign of religious “extremism” or ethnic separatism. Targets of this surveillance are often detained and reportedly subjected to various methods of torture and “political reeducation.” According to press reporting, since at least 2017, more than one million Muslims have been held in these camps.
Under the command of Huo Liujun (Huo), leader of the XPSB from at least March 2017 to 2018, and Wang Mingshan (Wang), leader of the XPSB since at least May 2018, the XPSB has deployed the “Integrated Joint Operations Platform” (IJOP), an Artificial Intelligence (AI)-assisted computer system that created biometric records for millions of Uyghurs in the Xinjiang region. The XPSB, through the IJOP, uses digital surveillance systems to track Uyghurs’ movements and activities, to include surveilling who they interact with and what they read. In turn, IJOP uses this data to determine which persons could be potential threats; according to reports, some of these individuals are subsequently detained and sent to detention camps, being held indefinitely without charges or trial. The IJOP AI platform is one of the first examples of governments using AI for racial profiling. According to press reporting, the IJOP technology looks exclusively for Uyghurs, based on their appearance, and keeps records of their movements. The mass detention of Uyghurs is part of an effort by PRC authorities to use detentions and data-driven surveillance to create a police state in the Xinjiang region.
The XPSB is being designated for being a foreign person responsible for, or complicit in, or that has directly or indirectly engaged in, serious human rights abuse. Huo and Wang are each being designated for being a foreign person who is or has been a leader or official of an entity whose property and interests in property are blocked pursuant to E.O. 13818 as a result of activities related to the leaders’ or officials’ tenure.
SANCTIONS IMPLICATIONS
As a result of today’s action, all property and interests in property of the entity and individuals named above, and of any entities that are owned, directly or indirectly, 50 percent or more by them, individually, or with other blocked persons, that are in the United States or in the possession or control of U.S. persons, are blocked and must be reported to OFAC. Unless authorized by a general or specific license issued by OFAC or otherwise exempt, OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons. The prohibitions include the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person or the receipt of any contribution or provision of funds, goods or services from any such person.
GLOBAL MAGNITSKY
Building upon the Global Magnitsky Human Rights Accountability Act, the President signed E.O. 13818 on December 20, 2017, in which the President found that the prevalence of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States, had reached such scope and gravity that it threatens the stability of international political and economic systems. Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets. The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons.”
https://home.treasury.gov/news/press-releases/sm1055
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