§5731. Reporting requirement — Inbound Citations
22 U.S.C. § 5731
Cited by 3 provisions in release 119-102.
Citations to 22 U.S.C. § 5731 as a whole
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(b) For all purposes, including actions in any court in the United States, the Congress approves the continuation in force on and after July 1, 1997, of all treaties and other international agreements, including multilateral conventions, entered into before November 27, 2019, between the United States and Hong Kong, or entered into before November 27, 2019, between the United States and the United Kingdom and applied to Hong Kong, unless or until terminated in accordance with law. If in carrying out this subchapter, the President determines that Hong Kong is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Hong Kong’s obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, such determination shall be reported to the Congress in accordance with section 5731 of this title.
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(1) Except as provided in subsection (b), the Secretary of State, on at least an annual basis, and in conjunction with the report required under section 5731 of this title, shall issue a certification to Congress that—(A) indicates whether Hong Kong continues to warrant treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997;(B) addresses—(i) commercial agreements;(ii) law enforcement cooperation, including extradition requests;(iii) sanctions enforcement;(iv) export controls, and any other agreements and forms of exchange involving dual use, critical, or other sensitive technologies;(v) any formal treaties or agreements between the United States and Hong Kong;(vi) other areas of bilateral cooperation that the Secretary determines to be relevant; and(vii) decision-making within the Government of Hong Kong, including executive, legislative, and judicial structures, including—(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 Legislative Council by universal suffrage;(ix) judicial independence;(x) police and security functions;(xi) education;(xii) laws or regulations regarding treason, 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 foreign political organizations or bodies;(xiv) laws or regulations regarding political organizations; and(xv) other rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, and the International 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) resulting from actions by the Government of the People’s Republic of China that are inconsistent 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 subparagraph (B); and(iii) a list of any specific actions taken by the United States Government in response to any erosion of autonomy or failures to fulfill obligations to the United States under international agreements identified in this certification and the report required under section 5731 of this title.
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(iii) a list of any specific actions taken by the United States Government in response to any erosion of autonomy or failures to fulfill obligations to the United States under international agreements identified in this certification and the report required under section 5731 of this title.