A 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.

III 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 Re- public of China in response to a request from the United States Govern- ment 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 re- sponse 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 de- tained Huawei Technologies Co., Ltd. chief financial offi- VerDate Sep 11 2014 23:40 May 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR96.ATS SR96 dlhill on DSKBBY8HB2PROD with BILLS 2 SRES 96 ATS cer 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 su- perseding 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 viola- tions 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 extra- dition of Meng Wanzhou; Whereas Canadian authorities granted Meng Wanzhou access to Chinese consular officials, and she was able to engage VerDate Sep 11 2014 23:40 May 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR96.ATS SR96 dlhill on DSKBBY8HB2PROD with BILLS 3 SRES 96 ATS 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 Cana- dian 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 ac- tivities during his previous tenure as an accredited dip- lomat in the People’s Republic of China, potentially in violation of the Vienna Convention on Diplomatic Rela- tions, 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 prob- lems’’ in China and that Chinese judges ‘‘regularly re- ceived political guidance on pending cases, including in- structions on how to rule, from both the government and VerDate Sep 11 2014 23:40 May 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR96.ATS SR96 dlhill on DSKBBY8HB2PROD with BILLS 4 SRES 96 ATS the CCP [Chinese Communist Party], particularly in po- litically sensitive cases’’: Now, therefore, be it Resolved, That the Senate— 1 (1) commends the Government of Canada for 2 upholding the rule of law and complying with its 3 international legal obligations, including those pur- 4 suant to the Extradition Treaty Between the United 5 States of America and Canada, signed at Wash- 6 ington December 3, 1971; 7 (2) commends the Government of Canada for 8 providing consular access and due process for 9 Huawei Technologies Co., Ltd. chief financial officer 10 Meng Wanzhou; 11 (3) expresses concern over the Government of 12 the People’s Republic of China’s apparent arbitrary 13 detention and abusive treatment of Canadian nation- 14 als Michael Spavor and Michael Kovrig in apparent 15 retaliation for the Government of Canada’s detention 16 of Meng Wanzhou; and 17 (4) joins the Government of Canada in calling 18 for the immediate release of Michael Spavor and Mi- 19 chael Kovrig and for due process for Canadian na- 20 tional Robert Schellenberg. 21 Æ VerDate Sep 11 2014 23:40 May 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\SR96.ATS SR96 dlhill on DSKBBY8HB2PROD with BILLS