[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 96 Agreed to Senate (ATS)]
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116th CONGRESS
1st Session
S. RES. 96
Commending the Government of Canada for upholding the rule of law and
expressing concern over actions by the Government of the People's
Republic of China in response to a request from the United States
Government to the Government of Canada for the extradition of a Huawei
Technologies Co., Ltd. executive.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2019
Mr. Risch (for himself, Mr. Menendez, Mr. Gardner, Mr. Coons, Mr.
Romney, Mr. Cruz, Mr. Johnson, Mrs. Blackburn, Mr. Isakson, Mr. Rubio,
and Mr. Inhofe) submitted the following resolution; which was referred
to the Committee on Foreign Relations
April 4, 2019
Reported by Mr. Risch, without amendment
May 7, 2019
Considered and agreed to
_______________________________________________________________________
RESOLUTION
Commending the Government of Canada for upholding the rule of law and
expressing concern over actions by the Government of the People's
Republic of China in response to a request from the United States
Government to the Government of Canada for the extradition of a Huawei
Technologies Co., Ltd. executive.
Whereas, on December 1, 2018, Canadian authorities detained Huawei Technologies
Co., Ltd. chief financial officer Meng Wanzhou based on an arrest
warrant issued pursuant to a request made by the United States under the
Extradition Treaty Between the United States of America and Canada,
signed at Washington December 3, 1971;
Whereas, on January 24, 2019, the United States filed a superseding indictment
in the United States District Court for the Eastern District of New York
against Huawei Technologies Co., Ltd. (``Huawei''), Huawei Device USA
Inc., Skycom Tech Co. Ltd. (``Skycom''), and Meng Wanzhou;
Whereas the January 24, 2019, indictment charges two counts of bank fraud; two
counts of conspiracy to commit bank fraud; one count of conspiracy to
commit wire fraud; two counts of bank fraud; one count of wire fraud;
one count of conspiracy to defraud the United States; two counts of
conspiracy to violate the International Emergency Economic Powers Act;
two counts of violations of the International Emergency Economic Powers
Act; one count of money laundering conspiracy; and one count of
conspiracy to obstruct justice;
Whereas the January 24, 2019, indictment charges that ``Huawei operated Skycom
as an unofficial subsidiary to obtain otherwise prohibited U.S.-origin
goods, technology, and services, including banking services, for
Huawei's Iran-based business while concealing the link to Huawei'';
Whereas the United States Government is seeking the extradition of Meng Wanzhou;
Whereas Canadian authorities granted Meng Wanzhou access to Chinese consular
officials, and she was able to engage a lawyer of her choice and was
released on bail pending the outcome of the extradition hearing;
Whereas the Chinese Ministry of Foreign Affairs strongly urged Canada ``to
immediately release'' Meng Wanzhou and threatened that otherwise ``it
will definitely have grave consequences, and [Canada] will have to bear
the full responsibility for it'';
Whereas the Government of the People's Republic of China detained Canadian
diplomat Michael Kovrig and Canadian executive Michael Spavor on
December 10, 2018, in apparent retaliation for the arrest of Meng
Wanzhou;
Whereas Michael Spavor and Michael Kovrig have faced harsh conditions while in
detention that include limited consular access, no access to a lawyer,
being unable to turn off the lights at night, and lengthy
interrogations, including in the case of Mr. Kovrig, about his official
activities during his previous tenure as an accredited diplomat in the
People's Republic of China, potentially in violation of the Vienna
Convention on Diplomatic Relations, done at Vienna April 18, 1961;
Whereas, on January 14, 2019, a third Canadian, Robert Schellenberg, in Chinese
custody for drug smuggling, had his case reviewed and his 15-year
sentence changed to the death penalty; and
Whereas the Department of State's Country Report on Human Rights Practices for
2018 stated that ``[a]rbitrary arrest and detention remained serious
problems'' in China and that Chinese judges ``regularly received
political guidance on pending cases, including instructions on how to
rule, from both the government and the CCP [Chinese Communist Party],
particularly in politically sensitive cases'': Now, therefore, be it
Resolved, That the Senate--
(1) commends the Government of Canada for upholding the
rule of law and complying with its international legal
obligations, including those pursuant to the Extradition Treaty
Between the United States of America and Canada, signed at
Washington December 3, 1971;
(2) commends the Government of Canada for providing
consular access and due process for Huawei Technologies Co.,
Ltd. chief financial officer Meng Wanzhou;
(3) expresses concern over the Government of the People's
Republic of China's apparent arbitrary detention and abusive
treatment of Canadian nationals Michael Spavor and Michael
Kovrig in apparent retaliation for the Government of Canada's
detention of Meng Wanzhou; and
(4) joins the Government of Canada in calling for the
immediate release of Michael Spavor and Michael Kovrig and for
due process for Canadian national Robert Schellenberg.
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