What This Bill Does
This bill prevents the Secretary of Commerce from removing Huawei Technologies Co. Ltd. and its related companies from export control restrictions. The Secretary can only remove them if certain officials agree and verify specific conditions are met. The bill also requires the Commerce Department to add Honor Device Co. Ltd. to export control restrictions.
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Who It Affects
The Secretary of Commerce, the End-User Review Committee, the appropriate congressional committees (House Committee on Foreign Affairs and Senate Committee on Banking, Housing, and Urban Affairs), Huawei Technologies Co. Ltd. and its subsidiaries and affiliates, and Honor Device Co. Ltd.
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Key Provisions
- The Secretary of Commerce cannot remove Huawei or its related companies from the entity list (a list of restricted companies) or change their licensing policies without approval from the End-User Review Committee by unanimous vote, and the Secretary must certify that Huawei has not engaged in activities harmful to U.S. national security or foreign policy and will not do so in the future. (Sec. 2)
- The Secretary of Commerce cannot remove Huawei or its related companies from export controls unless the Secretary certifies that these companies are not owned, controlled or influenced by the Communist Party of China. (Sec. 2)
- The Secretary of Commerce must add Honor Device Co. Ltd. to the entity list and announce this decision in the Federal Register within 180 days after the bill becomes law. (Sec. 3)
- The Commerce Department must submit a report within 30 days of the bill becoming law and monthly thereafter listing all applications to export items to Huawei, its related companies, or Honor Device Co. Ltd., and whether those applications were approved or denied. (Sec. 4)
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What Changes
If this bill becomes law, the Commerce Department cannot remove Huawei Technologies Co. Ltd. and its subsidiaries and affiliates from export control restrictions unless very specific conditions are met and unanimous approval is obtained. Additionally, Honor Device Co. Ltd. must be added to the entity list within 180 days. The Commerce Department must also begin reporting regularly on license applications related to these companies.
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Important Definitions
- Entity list: A list kept by the Bureau of Industry and Security that restricts certain companies from receiving controlled exports. (Sec. 5)
- End-User Review Committee: A committee described in federal export control regulations that must provide unanimous approval for certain actions. (Sec. 5)
- Export Administration Regulations: Federal rules that control what items can be exported from the United States. (Sec. 5)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 686
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
JANUARY 31, 2023
Mr. STEUBE (for himself, Mr. WEBSTER of Florida, and Mr. SELF) intro-
duced the following bill; which was referred to the Committee on Foreign
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’’.
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•HR 686 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—
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(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
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(2) are not owned, controlled, or influenced by
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the Communist Party of China.
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SEC. 3. EXPORT CONTROLS WITH RESPECT TO HONOR DE-
19
VICE CO. LTD.
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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.
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•HR 686 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.
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(b) FORM.—The report required by subsection (a)
15
shall be submitted in unclassified form, but may contain
16
a classified annex.
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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.
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(2) END-USER REVIEW COMMITTEE.—The term
25
‘‘End-User Review Committee’’ means the End-User
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•HR 686 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.—
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The term ‘‘Export Administration Regulations’’
8
means subchapter C of chapter VII of title 15, Code
9
of Federal Regulations.
10
Æ
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