TIANANMEN Act of 2019

II 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, Hous- ing, and Urban Affairs A BILL To impose sanctions with respect to surveillance in the Xinjiang Uygur Autonomous Region of the People’s Re- public of China, 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 ‘‘Targeting Invasive 4 Autocratic Networks, And Necessary Mandatory Export 5 Notifications Act of 2019’’ or the ‘‘TIANANMEN Act of 6 2019’’. 7 SEC. 2. DEFINITIONS. 8 In this Act: 9 VerDate Sep 11 2014 04:51 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2386.IS S2386 kjohnson on DSK79L0C42 with BILLS 2 •S 2386 IS (1) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means— 3 (A) the Committee on Foreign Relations 4 and the Committee on Banking, Housing, and 5 Urban Affairs of the Senate; and 6 (B) the Committee on Foreign Affairs and 7 the Committee on Financial Services of the 8 House of Representatives. 9 (2) ENTITY LIST.—The term ‘‘entity list’’ 10 means the entity list maintained by the Bureau of 11 Industry and Security and set forth in Supplement 12 No. 4 to part 744 of the Export Administration 13 Regulations. 14 (3) EXPORT ADMINISTRATION REGULATIONS.— 15 The term ‘‘Export Administration Regulations’’ 16 means subchapter C of chapter VII of title 15, Code 17 of Federal Regulations. 18 (4) FOREIGN ENTITY.—The term ‘‘foreign enti- 19 ty’’ means any entity that is not a United States en- 20 tity. 21 (5) ISSUER; SECURITY.—The terms ‘‘issuer’’ 22 and ‘‘security’’ have the meanings given those terms 23 in section 3(a) of the Securities Exchange Act of 24 1934 (15 U.S.C. 78c(a)). 25 VerDate Sep 11 2014 04:51 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2386.IS S2386 kjohnson on DSK79L0C42 with BILLS 3 •S 2386 IS (6) NATIONAL SECURITIES EXCHANGE.—The 1 term ‘‘national securities exchange’’ means an ex- 2 change that is registered as a national securities ex- 3 change under section 6 of the Securities Exchange 4 Act of 1934 (15 U.S.C. 78f). 5 (7) SURVEILLANCE.—The term ‘‘surveillance’’ 6 means the tracking of individuals and the analysis of 7 their behaviors. 8 (8) SURVEILLANCE TECHNOLOGY.—The term 9 ‘‘surveillance technology’’ means goods and services, 10 including software and hardware, that enable or fa- 11 cilitate surveillance, including video and imaging 12 technology, facial recognition software, artificial in- 13 telligence, genetic engineering technology, Global Po- 14 sitioning System navigation technology, and data 15 analytics. 16 (9) UNITED STATES ENTITY.—The term 17 ‘‘United States entity’’ means an entity organized 18 under the laws of the United States or any jurisdic- 19 tion within the United States. 20 (10) UNITED STATES PERSON.—The term 21 ‘‘United States person’’ means— 22 (A) a United States citizen or an alien law- 23 fully admitted to the United States for perma- 24 nent residence; or 25 VerDate Sep 11 2014 04:51 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2386.IS S2386 kjohnson on DSK79L0C42 with BILLS 4 •S 2386 IS (B) a United States entity. 1 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR- 2 EIGN ENTITIES THAT FACILITATE SURVEIL- 3 LANCE IN XINJIANG. 4 (a) IN GENERAL.—The President shall impose the 5 sanctions described in subsection (c) with respect to each 6 foreign entity on the list required by subsection (b). 7 (b) LIST REQUIRED.— 8 (1) IN GENERAL.—Not later than 90 days after 9 the date of the enactment of this Act, and every 180 10 days thereafter, the President shall submit to the 11 appropriate congressional committees a list of for- 12 eign entities that the President determines, on or 13 after such date of enactment, provide to the Govern- 14 ment of the People’s Republic of China surveillance 15 technology that is used by that Government to con- 16 duct surveillance in the Xinjiang Uygur Autonomous 17 Region of the People’s Republic of China. 18 (2) CONSIDERATION OF CERTAIN ENTITIES.— 19 (A) IN GENERAL.—Before submitting each 20 list required by paragraph (1), the President 21 shall— 22 (i) make a determination with respect 23 to whether to include each entity specified 24 in subparagraph (B) on the list; and 25 VerDate Sep 11 2014 04:51 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2386.IS S2386 kjohnson on DSK79L0C42 with BILLS 5 •S 2386 IS (ii) submit each such determination to 1 the appropriate congressional committees 2 with the list. 3 (B) ENTITIES SPECIFIED.—The entities 4 specified in this subparagraph are the following: 5 (i) Beijing Wanlihong Technology Co., 6 Ltd. 7 (ii) China Communications Services 8 Co., Ltd. 9 (iii) China Electronics Technology 10 Group Corporation. 11 (iv) CloudWalk Technology Co., Ltd. 12 (v) Dahua Technology Co., Ltd. 13 (vi) Hangzhou Hikvision Digital Tech- 14 nology Co., Ltd. 15 (vii) Hebei Far East Communication 16 System Engineering Co., Ltd. 17 (viii) iFlyTek Co., Ltd. 18 (ix) Megvii Technology Ltd. 19 (x) SenseTime. 20 (xi) Shanghai Yitu Technology Co., 21 Ltd. 22 (xii) Xiamen Meiya Pico Information 23 Co., Ltd. 24 VerDate Sep 11 2014 04:51 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2386.IS S2386 kjohnson on DSK79L0C42 with BILLS 6 •S 2386 IS (c) SANCTIONS.—The sanctions described in this sub- 1 section are the following: 2 (1) EXPORT CONTROLS.—The Secretary of 3 Commerce shall include each entity on the list re- 4 quired by subsection (b) on the entity list. 5 (2) BLOCKING OF PROPERTY.—The President 6 shall block and prohibit, in accordance with the 7 International Emergency Economic Powers Act (50 8 U.S.C. 1701 et seq.), all transactions in all property 9 and interests in property of an entity on the list re- 10 quired by subsection (b), or any corporate officer or 11 primary shareholder of such an entity, if such prop- 12 erty and interests in property are in the United 13 States, come within the United States, or are or 14 come within the possession or control of a United 15 States person. 16 (d) IMPLEMENTATION; PENALTIES.— 17 (1) IMPLEMENTATION.—The President may ex- 18 ercise all authorities provided under sections 203 19 and 205 of the International Emergency Economic 20 Powers Act (50 U.S.C. 1702 and 1704) to carry out 21 this section. 22 (2) PENALTIES.—A person that violates, at- 23 tempts to violate, conspires to violate, or causes a 24 violation of subsection (c) or any regulation, license, 25 VerDate Sep 11 2014 04:51 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2386.IS S2386 kjohnson on DSK79L0C42 with BILLS 7 •S 2386 IS or order issued to carry out that subsection shall be 1 subject to the penalties set forth in subsections (b) 2 and (c) of section 206 of the International Emer- 3 gency Economic Powers Act (50 U.S.C. 1705) to the 4 same extent as a person that commits an unlawful 5 act described in subsection (a) of that section. 6 SEC. 4. IDENTIFICATION OF UNITED STATES ENTITIES 7 THAT CONDUCT TRANSACTIONS THAT FA- 8 CILITATE SURVEILLANCE IN XINJIANG. 9 (a) IDENTIFICATION.—Not later than 90 days after 10 the date of the enactment of this Act, and every 180 days 11 thereafter, the President shall submit to the appropriate 12 congressional committees a list of United States entities 13 that, on or after such date of enactment, conduct a trans- 14 action with, or transfer goods to, a foreign entity on the 15 list required by section 3(a). 16 (b) DISCLOSURES TO SECURITIES AND EXCHANGE 17 COMMISSION.—A United States entity included on the list 18 required by subsection (a) that is an issuer of securities 19 that are listed on a national securities exchange shall dis- 20 close any transactions or transfers described in subsection 21 (a) in which the entity engaged in the first report required 22 to be filed with the Securities and Exchange Commission 23 by section 13(a)(2) of the Securities Exchange Act of 24 VerDate Sep 11 2014 04:51 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2386.IS S2386 kjohnson on DSK79L0C42 with BILLS 8 •S 2386 IS 1934 (15 U.S.C. 78m(a)(2)) after the identification of the 1 entity under subsection (a). 2 SEC. 5. CONTINUATION IN EFFECT OF EXPORT CONTROLS 3 WITH RESPECT TO HUAWEI TECHNOLOGIES 4 CO. LTD. 5 The Secretary of Commerce may not remove Huawei 6 Technologies Co. Ltd., and its subsidiaries and affiliates, 7 from the entity list until the President certifies to the ap- 8 propriate congressional committees that Huawei Tech- 9 nologies Co. Ltd.— 10 (1) is not involved in activities that are contrary 11 to the national security or foreign policy interests of 12 the United States; and 13 (2) does not conduct or facilitate surveillance in 14 the Xinjiang Uygur Autonomous Region of the Peo- 15 ple’s Republic of China by the Government of the 16 People’s Republic of China. 17 Æ VerDate Sep 11 2014 04:51 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S2386.IS S2386 kjohnson on DSK79L0C42 with BILLS