
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6901]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                CHAPTER 77--UNITED STATES-CHINA RELATIONS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 6901. Findings

    The Congress finds the following:
        (1) In 1980, the United States opened trade relations with the 
    People's Republic of China by entering into a bilateral trade 
    agreement, which was approved by joint resolution enacted pursuant 
    to section 2435(c) of title 19.
        (2) Since 1980, the President has consistently extended 
    nondiscriminatory treatment to products of the People's Republic of 
    China, pursuant to his authority under section 2434 of title 19.
        (3) Since 1980, the United States has entered into several 
    additional trade-related agreements with the People's Republic of 
    China, including a memorandum of understanding on market access in 
    1992, two agreements on intellectual property rights protection in 
    1992 and 1995, and an agreement on agricultural cooperation in 1999.
        (4) Trade in goods between the People's Republic of China and 
    the United States totaled almost $95,000,000,000 in 1999, compared 
    with approximately $18,000,000,000 in 1989, representing growth of 
    approximately 428 percent over 10 years.
        (5) The United States merchandise trade deficit with the 
    People's Republic of China has grown from approximately 
    $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of 
    over 1,000 percent.
        (6) The People's Republic of China currently restricts imports 
    through relatively high tariffs and nontariff barriers, including 
    import licensing, technology transfer, and local content 
    requirements.
        (7) United States businesses attempting to sell goods to markets 
    in the People's Republic of China have complained of uneven 
    application of tariffs, customs procedures, and other laws, rules, 
    and administrative measures affecting their ability to sell their 
    products in the Chinese market.
        (8) On November 15, 1999, the United States and the People's 
    Republic of China concluded a bilateral agreement concerning terms 
    of the People's Republic of China's eventual accession to the World 
    Trade Organization.
        (9) The commitments that the People's Republic of China made in 
    its November 15, 1999, agreement with the United States promise to 
    eliminate or greatly reduce the principal barriers to trade with and 
    investment in the People's Republic of China, if those commitments 
    are effectively complied with and enforced.
        (10) The record of the People's Republic of China in 
    implementing trade-related commitments has been mixed. While the 
    People's Republic of China has generally met the requirements of the 
    1992 market access memorandum of understanding and the 1992 and 1995 
    agreements on intellectual property rights protection, other 
    measures remain in place or have been put into place which tend to 
    diminish the benefit to United States businesses, farmers, and 
    workers from the People's Republic of China's implementation of 
    those earlier commitments. Notably, administration of tariff-rate 
    quotas and other trade-related laws remains opaque, new local 
    content requirements have proliferated, restrictions on importation 
    of animal and plant products are not always supported by sound 
    science, and licensing requirements for importation and distribution 
    of goods remain common. Finally, the Government of the People's 
    Republic of China has failed to cooperate with the United States 
    Customs Service in implementing a 1992 memorandum of understanding 
    prohibiting trade in products made by prison labor.
        (11) The human rights record of the People's Republic of China 
    is a matter of very serious concern to the Congress. The Congress 
    notes that the Department of State's 1999 Country Reports on Human 
    Rights Practices for the People's Republic of China finds that 
    ``[t]he Government's poor human rights record deteriorated markedly 
    throughout the year, as the Government intensified efforts to 
    suppress dissent, particularly organized dissent.''.
        (12) The Congress deplores violations by the Government of the 
    People's Republic of China of human rights, religious freedoms, and 
    worker rights that are referred to in the Department of State's 1999 
    Country Reports on Human Rights Practices for the People's Republic 
    of China, including the banning of the Falun Gong spiritual 
    movement, denial in many cases, particularly politically sensitive 
    ones, of effective representation by counsel and public trials, 
    extrajudicial killings and torture, forced abortion and 
    sterilization, restriction of access to Tibet and Xinjiang, 
    perpetuation of ``reeducation through labor'', denial of the right 
    of workers to organize labor unions or bargain collectively with 
    their employers, and failure to implement a 1992 memorandum of 
    understanding prohibiting trade in products made by prison labor.

(Pub. L. 106-286, div. B, title II, Sec. 202, Oct. 10, 2000, 114 Stat. 
892.)


                               Short Title

    Pub. L. 106-286, div. B, title II, Sec. 201(a), Oct. 10, 2000, 114 
Stat. 891, provided that: ``This division [enacting this chapter] may be 
cited as the `U.S.-China Relations Act of 2000'.''


            Policy of the United States With Respect to Macau

    Pub. L. 106-570, title II, Dec. 27, 2000, 114 Stat. 3040, provided 
that:
``SEC. 201. SHORT TITLE.
    ``This title may be cited as the `United States-Macau Policy Act of 
2000'.
``SEC. 202. FINDINGS AND DECLARATIONS; SENSE OF CONGRESS.
    ``(a) Findings and Declarations.--Congress makes the following 
findings and declarations:
        ``(1) The continued economic prosperity of Macau furthers United 
    States interests in the People's Republic of China and Asia.
        ``(2) Support for democratization is a fundamental principle of 
    United States foreign policy, and as such, that principle naturally 
    applies to United States policy toward Macau.
        ``(3) The human rights of the people of Macau are of great 
    importance to the United States and are directly relevant to United 
    States interests in Macau.
        ``(4) A fully successful transition in the exercise of 
    sovereignty over Macau must continue to safeguard human rights in 
    and of themselves.
        ``(5) Human rights also serve as a basis for Macau's continued 
    economic prosperity, and Congress takes note of Macau's adherence to 
    the International Covenant on Civil and Political Rights and the 
    International Convention on Economic, Social, and Cultural Rights.
    ``(b) Sense of Congress.--It is the sense of Congress that--
        ``(1) the United States should play an active role in 
    maintaining Macau's confidence and prosperity, Macau's unique 
    cultural heritage, and the mutually beneficial ties between the 
    people of the United States and the people of Macau;
        ``(2) through its policies, the United States should contribute 
    to Macau's ability to maintain a high degree of autonomy in matters 
    other than defense and foreign affairs as promised by the People's 
    Republic of China and the Republic of Portugal in the Joint 
    Declaration, particularly with respect to such matters as trade, 
    commerce, law enforcement, finance, monetary policy, aviation, 
    shipping, communications, tourism, cultural affairs, sports, and 
    participation in international organizations, consistent with the 
    national security and other interests of the United States; and
        ``(3) the United States should actively seek to establish and 
    expand direct bilateral ties and agreements with Macau in economic, 
    trade, financial, monetary, mutual legal assistance, law 
    enforcement, communication, transportation, and other appropriate 
    areas.
``SEC. 203. CONTINUED APPLICATION OF UNITED STATES LAW.
    ``(a) Continued Application.--
        ``(1) In general.--Notwithstanding any change in the exercise of 
    sovereignty over Macau, and subject to subsections (b) and (c), the 
    laws of the United States shall continue to apply with respect to 
    Macau in the same manner as the laws of the United States were 
    applied with respect to Macau before December 20, 1999, unless 
    otherwise expressly provided by law or by Executive order issued 
    pursuant to paragraph (2).
        ``(2) Exception.--Whenever the President determines that Macau 
    is not sufficiently autonomous to justify treatment under a 
    particular law of the United States, or any provision thereof, 
    different from that accorded the People's Republic of China, the 
    President may issue an Executive order suspending the application of 
    paragraph (1) to such law or provision of law. The President shall 
    promptly notify the Committee on International Relations of the 
    House of Representatives and the Committee on Foreign Relations of 
    the Senate concerning any such determination and shall publish the 
    Executive order in the Federal Register.
    ``(b) Export Controls.--
        ``(1) In general.--The export control laws, regulations, and 
    practices of the United States shall apply to Macau in the same 
    manner and to the same extent that such laws, regulations, and 
    practices apply to the People's Republic of China, and in no case 
    shall such laws, regulations, and practices be applied less 
    restrictively to exports to Macau than to exports to the People's 
    Republic of China.
        ``(2) Rule of construction.--Paragraph (1) shall not be 
    construed as prohibiting the provision of export control assistance 
    to Macau.
    ``(c) International Agreements.--
        ``(1) In general.--Subject to subsection (b) and paragraph (2), 
    for all purposes, including actions in any court of the United 
    States, Congress approves of the continuation in force after 
    December 20, 1999, of all treaties and other international 
    agreements, including multilateral conventions, entered into before 
    such date between the United States and Macau, or entered into force 
    before such date between the United States and the Republic of 
    Portugal and applied to Macau, unless or until terminated in 
    accordance with law.
        ``(2) Exception.--If, in carrying out this subsection, the 
    President determines that Macau is not legally competent to carry 
    out its obligations under any such treaty or other international 
    agreement, or that the continuation of Macau's obligations or rights 
    under any such treaty or other international agreement is not 
    appropriate under the circumstances, the President shall take 
    appropriate action to modify or terminate such treaty or other 
    international agreement. The President shall promptly notify the 
    Committee on International Relations of the House of Representatives 
    and the Committee on Foreign Relations of the Senate concerning such 
    determination.
``SEC. 204. REPORTING REQUIREMENT.
    ``(a) In General.--Not later than 90 days after the date of the 
enactment of this Act [Dec. 27, 2000], and not later than March 31 of 
each of the years 2001, 2002, and 2003, the Secretary of State shall 
transmit to the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report on conditions in Macau of interest to the United States. The 
report shall describe--
        ``(1) significant developments in United States relations with 
    Macau, including any determination made under section 203;
        ``(2) significant developments related to the change in the 
    exercise of sovereignty over Macau affecting United States interests 
    in Macau or United States relations with Macau and the People's 
    Republic of China;
        ``(3) the development of democratic institutions in Macau;
        ``(4) compliance by the Government of the People's Republic of 
    China and the Government of the Republic of Portugal with their 
    obligations under the Joint Declaration; and
        ``(5) the nature and extent of Macau's participation in 
    multilateral forums.
    ``(b) Separate Part of Country Reports.--Whenever a report is 
transmitted to Congress on a country-by-country basis, there shall be 
included in such report, where applicable, a separate subreport on Macau 
under the heading of the country that exercises sovereignty over Macau.
``SEC. 205. DEFINITIONS.
    ``In this title:
        ``(1) Joint declaration.--The term `Joint Declaration' means the 
    Joint Declaration of the Government of the People's Republic of 
    China and the Government of the Republic of Portugal on the Question 
    of Macau, dated April 13, 1987.
        ``(2) Macau.--The term `Macau' means the territory that prior to 
    December 20, 1999, was the Portuguese Dependent Territory of Macau 
    and after December 20, 1999, became the Macau Special Administrative 
    Region of the People's Republic of China.''
