[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1430 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1430

To set forth the policy of the United States with respect to Macau, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 1999

    Mr. Thomas (for himself and Mr. Smith of Oregon) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To set forth the policy of the United States with respect to Macau, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Macau Policy Act of 
1999''.

SEC. 2. FINDINGS AND DECLARATIONS.

    The Congress makes the following findings and declarations:
            (1) The Congress recognizes that under the Joint 
        Declaration of the Government of the People's Republic of China 
        and the Government of the Republic of Portugal on the Question 
        of Macau, dated April 13, 1987--
                    (A) the People's Republic of China and the Republic 
                of Portugal have agreed that the people's Republic of 
                China will resume the exercise of sovereignty over 
                Macau on December 20, 1999, and until that time, 
                Portugal will be responsible for the continuing 
                administration of Macau;
                    (B) the People's Republic of China has guaranteed 
                that, on and after December 20, 1999, the Macau Special 
                Administrative Region of the People's Republic of 
                China, will continue to enjoy a high degree of autonomy 
                on all matters other than defense and foreign affairs;
                    (C) the People's Republic of China will implement a 
                ``one country, two systems'' policy with respect to 
                Macau, under which Macau will retain its current legal, 
                social, and economic systems until at least the year 
                2049;
                    (D) provision is made for the continuation in force 
                of bilateral and multilateral agreements implemented as 
                of December 20, 1999, and for the ability of the Macau 
                Special Administrative Region to conclude new 
                agreements.
            (2) The Congress supports the full and complete 
        implementation of the provisions of the Joint Declaration.
            (3) The Congress supports the policies and objectives set 
        forth in the Joint Declaration.
            (4) It is the sense of the Congress that--
                    (A) continued economic prosperity in Macau furthers 
                United States interests in Asia and in our relationship 
                with the People's Republic of China;
                    (B)(i) support for principles of democracy is a 
                fundamental tenent of United States foreign policy, and 
                as such, will also play a central role in United States 
                policy toward Macau, now and after December 19, 1999; 
                and
                    (ii) safeguarding the human rights of the people of 
                Macau is of great importance to the United States and 
                is directly relevant to United States interests in 
                Macau;
                    (iii) a fully successful transition in the exercise 
                of sovereignty over Macau must safeguard those human 
                rights; and
                    (iv) human rights also serve as a basis for Macau's 
                continued economic prosperity.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) prior to December 20, 1999, the term ``Macau'' means 
        the Portuguese Dependent Territory of Macau, and on and after 
December 20, 1999, the term ``Macau'' means the Macau Special 
Administrative Region of the People's Republic of China;
            (2) the term ``Joint Declaration'' means the Joint 
        Declaration of the Government of the People's Republic of China 
        and the Government of the Republic of Portugal on the Question 
        of Macau, dated April 13, 1987; and
            (3) the term ``laws of the United States'' means provisions 
        of law enacted by the Congress.

                            TITLE I--POLICY

SEC. 101. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) the United States should play an active role before, 
        on, and after December 20, 1999, in assisting Macau in 
        maintaining its confidence and prosperity, its unique cultural 
        heritage, and the mutually beneficial ties between the people 
        of the United States and the people of Macau; and
            (2) through its policies, the United States should assist 
        Macau in maintaining a high degree of autonomy in matters other 
        than defense and foreign affairs as guaranteed by the People's 
        Republic of China and the Republic of Portugal in the Joint 
        Declaration, particularly with respect to such matters as 
        trade, commerce, law enforcement, finance, monetary policy, 
        aviation, shipping, communications, tourism, cultural affairs, 
        sports, and participation in international organizations, 
        consistent with the national security and other interests of 
        the United States.

           TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW

SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW.

    (a) In General.--Notwithstanding any change in the exercise of 
sovereignty over Macau, and subject to subsections (b) and (c), the 
laws of the United States shall continue to apply with respect to 
Macau, on and after December 20, 1999, in the same manner as the laws 
of the United States were applied with respect to Macau before such 
date unless otherwise expressly provided by law or by Executive order 
under section 202.
    (b) International Agreements.--For all purposes, including actions 
in any court of the United States, the Congress approves of the 
continuation in force on and after December 20, 1999, of all treaties 
and other international agreements, including multilateral conventions, 
entered into before such date between the United States and Macau, or 
entered into force before such date between the United States and the 
Republic of Portugal with respect to, or as applied to, Macau, unless 
or until terminated in accordance with laws. If, in carrying out this 
title, the President determines that Macau is not legally competent to 
carry out its obligations under any such treaty or other international 
agreement, or that the continuation of Macau's obligations or rights 
under any such treaty or other international agreement is not 
appropriate under the circumstances, the President shall promptly 
notify the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
concerning such determination, and shall take appropriate action to 
modify or terminate such treaty or other international agreement.
    (c) Export Controls.--Notwithstanding subsection (a) or any other 
provision of law, within 90 days after the date of the enactment of 
this Act the President--in close consultation with the relevant 
committees of the Congress--shall establish with respect to Macau, such 
export control policies and regulations as he determines to be 
necessary to protect fully the national security interests of the 
United States.

SEC. 202. PRESIDENTIAL ORDER.

    (a) Presidential Determination.--On or after December 20, 1999, 
whenever the President determines that Macau is not sufficiently 
autonomous to justify treatment under a particular law of the United 
States, or any provision thereof, different from that accorded the 
People's Republic of China, the President may issue an Executive order 
suspending the application of section 201(a) to such law or provision 
of law. The President shall promptly notify the Committee on 
International relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate concerning any such 
determination.
    (b) Factor for Consideration.--In making a determination under 
subsection (a) with respect to the application of a law of the United 
States, or any provision thereof, to Macau, the President should 
consider the terms, obligations, and expectations expressed in the 
Joint Declaration with respect to Macau.
    (c) Publication in Federal Register.--Any Executive order issued 
under subsection (a) shall be published in the Federal Register and 
shall specify the law or provision of law affected by the order.
    (d) Termination of Suspension.--An Executive order issued under 
subsection (a) may be terminated by the President with respect to a 
particular law or provision of law whenever the President determines 
that Macau has regained sufficient autonomy to justify treatment under 
the law or provision of law in question. Notice of any such termination 
shall be published in the Federal Register.

SEC. 203. RULES AND REGULATIONS.

    The President is authorized to prescribe such rules and regulations 
as he considers appropriate to carry out this Act.

SEC. 204. CONSULTATION WITH CONGRESS.

    In carrying out this title, the President shall consult 
appropriately with the Congress, in particular with--
            (1) the Committee on International Relations, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations, and the select 
        Committee on Intelligence of the Senate.

                    TITLE III--REPORTING PROVISIONS

SEC. 301. REPORTING REQUIREMENT.

    Not later than 90 days after the date of the enactment of this Act, 
and not later than March 31 of each of the years 2000, 2001, and 2002, 
the Secretary of State shall transmit to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate a report on conditions in Macau of interest to 
the United States. This report shall cover (in the case of the initial 
report) the period since the date of the enactment of this Act or (in 
the case of subsequent reports) the period since the most recent report 
pursuant to this section, and shall describe, inter alia--
            (1) significant developments in United States relations 
        with Macau;
            (2) significant developments related to any change in the 
        exercise of sovereignty over Macau affecting United States 
        interests in Macau or United States relations with Macau and 
        the People's Republic of China;
            (3) steps taken by the United States to implement section 
        201(c) (relating to export controls with respect to Macau), 
        including any significant problems or other developments 
        arising with respect to the application of United States export 
        controls to Macau;
            (4) the laws of the United States with respect to which the 
        application of section 201(a) (relating to the application of 
        United States laws to Macau) has been suspended pursuant to 
        section 202(a) or with respect to which such a suspension has 
        been terminated pursuant to section 202(d), and the reasons for 
        the suspension or termination, as the case may be;
            (5) the treaties and other international agreements with 
        respect to which the President has made a determination 
        described in the last sentence of section 201(b) (relating to 
        the application of treaties and other international agreements 
        to Macau), the reasons for each such determination, and the 
        steps taken as a result of such determination;
            (6) the development of democratic institutions in Macau;
            (7) compliance by the Government of the People's Republic 
        of China and the Government of the republic of Portugal with 
        their obligations under the Joint Declaration; and
            (8) the nature and extent of Macau's participation in 
        multilateral forums.

SEC. 302. SEPARATE PART OF COUNTRY REPORTS.

    Whenever a report is transmitted to the Congress on a country-by-
country basis, there shall be included in such report, where 
applicable, a separate subreport on Macau under the heading of the 
state that exercises sovereignty over Macau.
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