U.S. and Hong Kong (1999)

H.R.2415

Admiral James W. Nance Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (Engrossed Amendment as Agreed to by Senate)

HR 2415 EAS

In the Senate of the United States,

August 3, 1999.

Resolved, That the bill from the House of Representatives (H.R. 2415 ) entitled 'An Act to enhance security of United States missions and personnel overseas, to authorize appropriations for the Department of State for fiscal year 2000, and for other purposes.', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the 'Admiral James W. Nance Foreign Relations Authorization Act, Fiscal Years 2000 and 2001'.

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TITLE VI--ARMS CONTROL, NONPROLIFERATION, AND NATIONAL SECURITY

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Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

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SEC. 637. STATUS OF HONG KONG AND MACAO IN UNITED STATES EXPORT LAW.

(a) PRELICENSE VERIFICATION- Notwithstanding any other provision of law and except as provided in subsections (c) and (f), no license may be approved for the export to Hong Kong or Macao, as the case may be, of any item described in subsection (d) unless appropriate United States officials are provided the right and ability to conduct prelicense verification, in such manner as the United States considers appropriate, of the validity of the stated end-user, and the validity of the stated end-use, as specified on the license application.

(b) POST-SHIPMENT VERIFICATION- Notwithstanding any other provision of law and except as provided in subsections (c) and (f), in the event that appropriate United States officials are denied the ability to conduct post-shipment verification, in such manner as the United States considers appropriate, of the location and end-use of any item under their jurisdiction that has been exported from the United States to Hong Kong or Macao, then Hong Kong or Macao, as the case may be, shall thereafter be treated in the same manner as the People's Republic of China for the purpose of any export of any item described in subsection (d).

(c) WAIVER AUTHORITY- The Secretary of State, with respect to any item defined in subsection (d)(1), or the Secretary of Commerce, with respect to any item defined in subsection (d)(2), may waive or remove the imposition of the requirements imposed by subsections (a) and (b) upon a written finding, which shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives, that--

(1) the case that warranted the imposition of such requirements has been settled to the satisfaction of the United States; or

(2) there are specific reasons why the waiver or removal of such requirements is in the national interest of the United States.

(d) ITEM DEFINED- The term 'item' as used in this section means--

(1) any item controlled on the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778); or

(2) any item for which export controls are administered by the Department of Commerce for foreign policy or national security reasons.

(e) EFFECTIVE DATE- Effective January 1, 2000, this section shall apply to Macao.

(f) EXCEPTION- The provisions of this section do not apply to any activity subject to reporting under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).

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