[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3684

 To prohibit the importation into the United States of goods produced, 
 manufactured, or exported by the People's Liberation Army of China or 
            any Chinese defense industrial trading company.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 1996

Mr. Gilman (for himself Mr. Lantos, Mr. Solomon, Mr. Cox of California, 
Mr. Spence, Mr. Hyde, Mr. Smith of New Jersey, Mr. Wolf, Mr. Royce, Mr. 
Burton of Indiana, and Ms. Pelosi) introduced the following bill; which 
            was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To prohibit the importation into the United States of goods produced, 
 manufactured, or exported by the People's Liberation Army of China or 
            any Chinese defense industrial trading company.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--The Congress makes the following findings:
            (1) According to the Defense Intelligence Agency, the 
        People's Liberation Army of China owns and operates a number of 
        enterprises which produce both civilian and military products.
            (2) The General Staff Department of the People's Liberation 
        Army owns and operates Polytechnologies, which is the weapons 
        trading arm of the People's Liberation Army and has a 
        representative office in the United States.
            (3) The General Logistics Department of the People's 
        Liberation Army owns and operates a large international 
        conglomerate known as Xinxing Corporation, which also has a 
        representative office in the United States.
            (4) The People's Armed Police, which is partially 
        controlled by the People's Liberation Army, is responsible for 
        the occupation and suppression of dissent in Tibet and the 
        execution of prisoners throughout China, and provides guards 
        for the forced labor camp system in Laogai, China, owns and 
        operates China Jingan Equipment Import and Export, which also 
        has a representative office in the United States.
            (5) These and other enterprises owned by the People's 
        Liberation Army regularly export a great variety of products to 
        the United States, including, but not limited to, clothing, 
        toys, shoes, hand tools, fish, minerals, and chemicals.
            (6) The export of products allows the People's Liberation 
        Army to earn hard currency directly, which in turn can be used 
        to modernize its forces.
            (7) The average consumer in the United States is unaware 
        that products they are purchasing were produced by the People's 
        Liberation Army.
            (8) Trade with the People's Liberation Army effectively is 
        a subsidy of military operations of the People's Republic of 
        China.
            (9) The China National Nuclear Corporation exported illicit 
        nuclear technology to Pakistan in contravention of the Treaty 
        on the Non-Proliferation of Nuclear Weapons and the Arms Export 
        Control Act, thereby contributing to the threat of nuclear war 
        on the Indian Subcontinent.
            (10) Naval units of the People's Liberation Army have 
        committed aggression against the Republic of the Philippines 
        and threatened the United States Navy's right of free passage 
        in the South China Sea.
            (11) Chinese defense industrial trading companies have 
        transferred cruise missiles to Iran, thereby threatening the 
        safety of United States military personnel in the region.
            (12) Representatives of China North Industries Corporation, 
        a Chinese Government organization, have been indicted by the 
        United States Federal Government for smuggling of firearms and 
        conspiracy related thereto, importation of firearms without a 
        license, importation and sale of firearms with obliterated 
        serial numbers, and transfer and possession of machine guns in 
        violation of the laws of the United States.
            (13) Representatives of Poly Group, a Chinese Government 
        organization, have also been indicted by the United States 
        Federal Government for engaging in the unlawful activities 
        described in paragraph (12).
            (14) Representatives of China North Industries Corporation 
        attempted to sell solid rocket fuel to Iraq in the fall of 
        1990, contrary to a number of actions by the United Nations 
        Security Council.
    (b) Policy.--It is the policy of the United States to prohibit the 
importation into the United States of goods that are produced, 
manufactured, or exported by the People's Liberation Army or Chinese 
defense industrial trading companies.

SEC. 2. PROHIBITION ON CERTAIN IMPORTS.

    (a) In General.--Notwithstanding any other provision of law, no 
good that is produced, manufactured, or exported by the People's 
Liberation Army or a Chinese defense industrial trading company may be 
entered, or withdrawn from warehouse for consumption, into the customs 
territory of the United States.
    (b) Determination of Chinese Defense Industrial Trading 
Companies.--
            (1) In general.--Subject to paragraphs (2) and (3), not 
        later than 30 days after the date of the enactment of this Act, 
        the Secretary of the Treasury shall determine which persons are 
        Chinese defense industrial trading companies for purposes of 
        this Act. The Secretary shall publish a list of such persons in 
        the Federal Register.
            (2) Public hearing.--
                    (A) General rule.--Before making the determination 
                and publishing the list required by paragraph (1), the 
                Secretary of the Treasury shall hold a public hearing 
                for the purpose of receiving oral and written testimony 
                regarding the persons to be included on the list.
                    (B) Additions and deletions.--The Secretary of the 
                Treasury may add or delete persons from the list based 
                on information available to the Secretary or upon 
                receipt of a request containing sufficient information 
                to take such action.
            (3) Chinese defense industrial trading company.--For 
        purposes of making the determination required by paragraph (1), 
        the term ``Chinese defense industrial trading company''--
                    (A) means a person that is--
                            (i) engaged in manufacturing, producing, or 
                        exporting, and
                            (ii) affiliated with or owned, controlled, 
                        or subsidized by the People's Liberation Army, 
                        and
                    (B) includes any person identified in the United 
                States Defense Intelligence Agency publication numbered 
                VP-1920-271-90, dated September 1990, or PC-1921-57-95, 
                dated October 1995.
    (c) Effective Date.--Subsection (a) shall apply with respect to 
goods entered, or withdrawn from warehouse for consumption, on or after 
the 45th day after the date of the enactment of this Act.

SEC. 3. DEFINITION.

    For purposes of this Act, the term ``People's Liberation Army'' 
means any branch or division of the land, naval, or air military 
service or the police of the Government of the People's Republic of 
China.
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