[Congressional Record Volume 165, Number 40 (Wednesday, March 6, 2019)]
[Senate]
[Page S1710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 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

  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:

                               S. Res. 96

       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.

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