[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 96 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
S. RES. 96

 Commending the Government of Canada for upholding the rule of law and 
   expressing concern over actions by the Government of the People's 
   Republic of China in response to a request from the United States 
Government to the Government of Canada for the extradition of a Huawei 
                   Technologies Co., Ltd. executive.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2019

   Mr. Risch (for himself, Mr. Menendez, Mr. Gardner, Mr. Coons, Mr. 
  Romney, and Mr. Cruz) submitted the following resolution; which was 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
 Commending the Government of Canada for upholding the rule of law and 
   expressing concern over actions by the Government of the People's 
   Republic of China in response to a request from the United States 
Government to the Government of Canada for the extradition of a Huawei 
                   Technologies Co., Ltd. executive.

Whereas, on December 1, 2018, Canadian authorities detained Huawei Technologies 
        Co., Ltd. chief financial officer Meng Wanzhou based on an arrest 
        warrant issued pursuant to a request made by the United States under the 
        Extradition Treaty Between the United States of America and Canada, 
        signed at Washington December 3, 1971;
Whereas, on January 24, 2019, the United States filed a superseding indictment 
        in the United States District Court for the Eastern District of New York 
        against Huawei Technologies Co., Ltd. (``Huawei''), Huawei Device USA 
        Inc., Skycom Tech Co. Ltd. (``Skycom''), and Meng Wanzhou;
Whereas the January 24, 2019, indictment charges two counts of bank fraud; two 
        counts of conspiracy to commit bank fraud; one count of conspiracy to 
        commit wire fraud; two counts of bank fraud; one count of wire fraud; 
        one count of conspiracy to defraud the United States; two counts of 
        conspiracy to violate the International Emergency Economic Powers Act; 
        two counts of violations of the International Emergency Economic Powers 
        Act; one count of money laundering conspiracy; and one count of 
        conspiracy to obstruct justice;
Whereas the January 24, 2019, indictment charges that ``Huawei operated Skycom 
        as an unofficial subsidiary to obtain otherwise prohibited U.S.-origin 
        goods, technology, and services, including banking services, for 
        Huawei's Iran-based business while concealing the link to Huawei'';
Whereas the United States Government is seeking the extradition of Meng Wanzhou;
Whereas Canadian authorities granted Meng Wanzhou access to Chinese consular 
        officials, and she was able to engage a lawyer of her choice and was 
        released on bail pending the outcome of the extradition hearing;
Whereas the Chinese Ministry of Foreign Affairs strongly urged Canada ``to 
        immediately release'' Meng Wanzhou and threatened that otherwise ``it 
        will definitely have grave consequences, and [Canada] will have to bear 
        the full responsibility for it'';
Whereas the Government of the People's Republic of China detained Canadian 
        diplomat Michael Kovrig and Canadian executive Michael Spavor on 
        December 10, 2018, in apparent retaliation for the arrest of Meng 
        Wanzhou;
Whereas Michael Spavor and Michael Kovrig have faced harsh conditions while in 
        detention that include limited consular access, no access to a lawyer, 
        being unable to turn off the lights at night, and lengthy 
        interrogations, including in the case of Mr. Kovrig, about his official 
        activities during his previous tenure as an accredited diplomat in the 
        People's Republic of China, potentially in violation of the Vienna 
        Convention on Diplomatic Relations, done at Vienna April 18, 1961;
Whereas, on January 14, 2019, a third Canadian, Robert Schellenberg, in Chinese 
        custody for drug smuggling, had his case reviewed and his 15-year 
        sentence changed to the death penalty; and
Whereas the Department of State's Country Report on Human Rights Practices for 
        2017 stated that ``[a]rbitrary arrest and detention remained serious 
        problems'' in China and that Chinese judges ``regularly received 
        political guidance on pending cases, including instructions on how to 
        rule, from both the government and the CCP [Chinese Communist Party], 
        particularly in politically sensitive cases'': Now, therefore, be it
    Resolved, That the Senate--
            (1) commends the Government of Canada for upholding the 
        rule of law and complying with its international legal 
        obligations, including those pursuant to the Extradition Treaty 
        Between the United States of America and Canada, signed at 
        Washington December 3, 1971;
            (2) commends the Government of Canada for providing 
        consular access and due process for Huawei Technologies Co., 
        Ltd. chief financial officer Meng Wanzhou;
            (3) expresses concern over the Government of the People's 
        Republic of China's apparent arbitrary detention and abusive 
        treatment of Canadian nationals Michael Spavor and Michael 
        Kovrig in apparent retaliation for the Government of Canada's 
        detention of Meng Wanzhou; and
            (4) joins the Government of Canada in calling for the 
        immediate release of Michael Spavor and Michael Kovrig and for 
        due process for Canadian national Robert Schellenberg.
                                 <all>