Keep Huawei on the Entity List Act

I 117TH CONGRESS 1ST SESSION H. R. 1595 To require the continuation in effect of export controls with respect to Huawei Technologies Co. Ltd., and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 3, 2021 Mr. STEUBE (for himself, Mr. WALTZ, Mr. BABIN, Mr. CRAWFORD, Mr. GAETZ, Mr. WEBER of Texas, Mr. DIAZ-BALART, and Mr. JACKSON) in- troduced the following bill; which was referred to the Committee on For- eign Affairs A BILL To require the continuation in effect of export controls with respect to Huawei Technologies Co. Ltd., and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Keep Huawei on the 4 Entity List Act’’. 5 VerDate Sep 11 2014 22:22 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1595.IH H1595 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1595 IH SEC. 2. CONTINUATION IN EFFECT OF EXPORT CONTROLS 1 WITH RESPECT TO HUAWEI TECHNOLOGIES 2 CO. LTD. 3 The Secretary of Commerce may not remove Huawei 4 Technologies Co. Ltd., or its subsidiaries and affiliates, 5 from the entity list or modify any of the licensing policies 6 pursuant to its designation on the entity list, including 7 the foreign direct product rule, unless the Secretary, with 8 the concurrence of the End-User Review Committee by a 9 unanimous vote of such Committee, certifies to the appro- 10 priate congressional committees that Huawei Technologies 11 Co. Ltd., and its subsidiaries and affiliates— 12 (1) have not engaged in activities that are con- 13 trary to United States national security or foreign 14 policy interests and are unlikely to engage in such 15 activities in the future; and 16 (2) are not owned, controlled, or influenced by 17 the Communist Party of China. 18 SEC. 3. EXPORT CONTROLS WITH RESPECT TO HONOR DE- 19 VICE CO. LTD. 20 Not later than 180 days after the date of the enact- 21 ment of this Act, the Secretary of Commerce— 22 (1) shall designate Honor Device Co. Ltd. for 23 inclusion on the entity list; and 24 (2) shall publish a notification with respect to 25 such designation in the Federal Register. 26 VerDate Sep 11 2014 22:22 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1595.IH H1595 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1595 IH SEC. 4. REPORT. 1 (a) IN GENERAL.—Not later than 30 days after the 2 date of the enactment of this Act, and on a monthly basis 3 thereafter, the Secretary of Commerce shall submit to the 4 appropriate congressional committees a report that— 5 (1) identifies and describes all license applica- 6 tions received by the Department of Commerce to 7 export, reexport, or transfer (in-country) items sub- 8 ject to the Export Administration Regulations to— 9 (A) Huawei Technologies Co. Ltd., or its 10 subsidiaries and affiliates; or 11 (B) Honor Device Co. Ltd; and 12 (2) identifies whether such license applications 13 were approved or denied. 14 (b) FORM.—The report required by subsection (a) 15 shall be submitted in unclassified form, but may contain 16 a classified annex. 17 SEC. 5. DEFINITIONS. 18 In this Act: 19 (1) APPROPRIATE CONGRESSIONAL COMMIT- 20 TEES.—The term ‘‘appropriate congressional com- 21 mittees’’ means the Committee on Foreign Affairs of 22 the House of Representatives and the Committee on 23 Banking, Housing, and Urban Affairs of the Senate. 24 (2) END-USER REVIEW COMMITTEE.—The term 25 ‘‘End-User Review Committee’’ means the End-User 26 VerDate Sep 11 2014 22:22 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1595.IH H1595 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1595 IH Review Committee described in Supplement No. 9 to 1 part 748 of the Export Administration Regulations. 2 (3) ENTITY LIST.—The term ‘‘entity list’’ 3 means the list maintained by the Bureau of Industry 4 and Security and set forth in Supplement No. 4 to 5 part 744 of the Export Administration Regulations. 6 (4) EXPORT ADMINISTRATION REGULATIONS.— 7 The term ‘‘Export Administration Regulations’’ 8 means subchapter C of chapter VII of title 15, Code 9 of Federal Regulations. 10 Æ VerDate Sep 11 2014 22:22 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1595.IH H1595 kjohnson on DSK79L0C42PROD with BILLS