Section 1 Short title
This Act may be cited as the “Keep Huawei on the Entity List Act”.
Keep Huawei on the Entity List Act
A BILL
To require the continuation in effect of export controls with respect to Huawei Technologies Co. Ltd., and for other purposes.
Sec. 2 Continuation in effect of export controls with respect to Huawei Technologies Co. Ltd
The Secretary of Commerce may not remove Huawei Technologies Co. Ltd., or its subsidiaries and affiliates, from the entity list or modify any of the licensing policies pursuant to its designation on the entity list, including the foreign direct product rule, unless the Secretary, with the concurrence of the End-User Review Committee by a unanimous vote of such Committee, certifies to the appropriate congressional committees that Huawei Technologies Co. Ltd., and its subsidiaries and affiliates—
have not engaged in activities that are contrary to United States national security or foreign policy interests and are unlikely to engage in such activities in the future; and
are not owned, controlled, or influenced by the Communist Party of China.
Sec. 3 Export controls with respect to Honor Device Co. Ltd
Sec. 4 Report
In general— Not later than 30 days after the date of the enactment of this Act, and on a monthly basis thereafter, the Secretary of Commerce shall submit to the appropriate congressional committees a report that—
identifies and describes all license applications received by the Department of Commerce to export, reexport, or transfer (in-country) items subject to the Export Administration Regulations to—
Huawei Technologies Co. Ltd., or its subsidiaries and affiliates; or
Honor Device Co. Ltd; and
identifies whether such license applications were approved or denied.
Form— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 5 Definitions
In this Act:
Appropriate congressional committees— The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
End-User Review Committee— The term End-User Review Committee means the End-User Review Committee described in Supplement No. 9 to part 748 of the Export Administration Regulations.
Entity list— The term entity list means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations.
Export Administration Regulations— The term Export Administration Regulations means subchapter C of chapter VII of title 15, Code of Federal Regulations.