Text: S.2386 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (07/31/2019)


116th CONGRESS
1st Session
S. 2386


To impose sanctions with respect to surveillance in the Xinjiang Uygur Autonomous Region of the People's Republic of China, and for other purposes.


IN THE SENATE OF THE UNITED STATES

July 31, 2019

Mr. Cruz (for himself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs


A BILL

To impose sanctions with respect to surveillance in the Xinjiang Uygur Autonomous Region of the People's Republic of China, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Targeting Invasive Autocratic Networks, And Necessary Mandatory Export Notifications Act of 2019” or the “TIANANMEN Act of 2019”.

SEC. 2. Definitions.

In this Act:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.

(2) ENTITY LIST.—The term “entity list” means the entity list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations.

(3) EXPORT ADMINISTRATION REGULATIONS.—The term “Export Administration Regulations” means subchapter C of chapter VII of title 15, Code of Federal Regulations.

(4) FOREIGN ENTITY.—The term “foreign entity” means any entity that is not a United States entity.

(5) ISSUER; SECURITY.—The terms “issuer” and “security” have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

(6) NATIONAL SECURITIES EXCHANGE.—The term “national securities exchange” means an exchange that is registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f).

(7) SURVEILLANCE.—The term “surveillance” means the tracking of individuals and the analysis of their behaviors.

(8) SURVEILLANCE TECHNOLOGY.—The term “surveillance technology” means goods and services, including software and hardware, that enable or facilitate surveillance, including video and imaging technology, facial recognition software, artificial intelligence, genetic engineering technology, Global Positioning System navigation technology, and data analytics.

(9) UNITED STATES ENTITY.—The term “United States entity” means an entity organized under the laws of the United States or any jurisdiction within the United States.

(10) UNITED STATES PERSON.—The term “United States person” means—

(A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; or

(B) a United States entity.

SEC. 3. Imposition of sanctions with respect to foreign entities that facilitate surveillance in Xinjiang.

(a) In general.—The President shall impose the sanctions described in subsection (c) with respect to each foreign entity on the list required by subsection (b).

(b) List required.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a list of foreign entities that the President determines, on or after such date of enactment, provide to the Government of the People’s Republic of China surveillance technology that is used by that Government to conduct surveillance in the Xinjiang Uygur Autonomous Region of the People’s Republic of China.

(2) CONSIDERATION OF CERTAIN ENTITIES.—

(A) IN GENERAL.—Before submitting each list required by paragraph (1), the President shall—

(i) make a determination with respect to whether to include each entity specified in subparagraph (B) on the list; and

(ii) submit each such determination to the appropriate congressional committees with the list.

(B) ENTITIES SPECIFIED.—The entities specified in this subparagraph are the following:

(i) Beijing Wanlihong Technology Co., Ltd.

(ii) China Communications Services Co., Ltd.

(iii) China Electronics Technology Group Corporation.

(iv) CloudWalk Technology Co., Ltd.

(v) Dahua Technology Co., Ltd.

(vi) Hangzhou Hikvision Digital Technology Co., Ltd.

(vii) Hebei Far East Communication System Engineering Co., Ltd.

(viii) iFlyTek Co., Ltd.

(ix) Megvii Technology Ltd.

(x) SenseTime.

(xi) Shanghai Yitu Technology Co., Ltd.

(xii) Xiamen Meiya Pico Information Co., Ltd.

(c) Sanctions.—The sanctions described in this subsection are the following:

(1) EXPORT CONTROLS.—The Secretary of Commerce shall include each entity on the list required by subsection (b) on the entity list.

(2) BLOCKING OF PROPERTY.—The President shall block and prohibit, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of an entity on the list required by subsection (b), or any corporate officer or primary shareholder of such an entity, if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(d) Implementation; penalties.—

(1) IMPLEMENTATION.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

(2) PENALTIES.—A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

SEC. 4. Identification of United States entities that conduct transactions that facilitate surveillance in Xinjiang.

(a) Identification.—Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a list of United States entities that, on or after such date of enactment, conduct a transaction with, or transfer goods to, a foreign entity on the list required by section 3(a).

(b) Disclosures to Securities and Exchange Commission.—A United States entity included on the list required by subsection (a) that is an issuer of securities that are listed on a national securities exchange shall disclose any transactions or transfers described in subsection (a) in which the entity engaged in the first report required to be filed with the Securities and Exchange Commission by section 13(a)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)(2)) after the identification of the entity under subsection (a).

SEC. 5. Continuation in effect of export controls with respect to Huawei Technologies Co. Ltd.

The Secretary of Commerce may not remove Huawei Technologies Co. Ltd., and its subsidiaries and affiliates, from the entity list until the President certifies to the appropriate congressional committees that Huawei Technologies Co. Ltd.—

(1) is not involved in activities that are contrary to the national security or foreign policy interests of the United States; and

(2) does not conduct or facilitate surveillance in the Xinjiang Uygur Autonomous Region of the People’s Republic of China by the Government of the People’s Republic of China.


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