    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 10043 of May 29, 2020
    Suspension of Entry as Nonimmigrants of Certain Students and Researchers
    From the People's Republic of China
    By the President of the United States of America
    A Proclamation
    The People's Republic of China (PRC) is engaged in a wide-ranging and
    heavily resourced campaign to acquire sensitive United States
    technologies and intellectual property, in part to bolster the
    modernization and capability of its military, the People's Liberation
    Army (PLA). The PRC's acquisition of sensitive United States
    technologies and intellectual property to modernize its military is a
    threat to our Nation's long-term economic vitality and the safety and
    security of the American people.
    The PRC authorities use some Chinese students, mostly post-graduate
    students and post-doctorate researchers, to operate as non-traditional
    collectors of intellectual property. Thus, students or researchers from
    the PRC studying or researching beyond the undergraduate level who are
    or have been associated with the PLA are at high risk of being exploited
    or co-opted by the PRC authorities and provide particular cause for
    concern. In light of the above, I have determined that the entry of
    certain nationals of the PRC seeking to enter the United States pursuant
    to an F or J visa to study or conduct research in the United States
    would be detrimental to the interests of the United States.
    NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by
    the authority vested in me by the Constitution and the laws of the
    United States of America, including sections 212(f) and 215(a) of the
    Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), and
    section 301 of title 3, United States Code, hereby find that the
    unrestricted entry into the United States as nonimmigrants of persons
    described in section 1 of this proclamation would, except as provided
    for in section 2 of this proclamation, be detrimental to the interests
    of the United States, and that their entry should be subject to certain
    restrictions, limitations, and exceptions. I therefore hereby proclaim
    the following:

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    Section 1. Suspension and Limitation on Entry. The entry into the United
    States as a nonimmigrant of any national of the PRC seeking to enter the
    United States pursuant to an F or J visa to study or conduct research in
    the United States, except for a student seeking to pursue undergraduate
    study, and who either receives funding from or who currently is employed
    by, studies at, or conducts research at or on behalf of, or has been
    employed by, studied at, or conducted research at or on behalf of, an
    entity in the PRC that implements or supports the PRC's ``military-civil
    fusion strategy''; is hereby suspended and limited subject to section 2
    of this proclamation. For the purposes of this proclamation, the term
    ``military-civil fusion strategy''; means actions by or at the behest of
    the PRC to acquire and divert foreign technologies, specifically
    critical and emerging technologies, to incorporate into and advance the
    PRC's military capabilities.
    Sec. 2. Scope of Suspension and Limitation on Entry.

    (a) Section 1 of this proclamation shall not apply to:
    (i) any lawful permanent resident of the United States;
    (ii) any alien who is the spouse of a United States citizen or
    lawful permanent resident;
    (iii) any alien who is a member of the United States Armed Forces
    and any alien who is a spouse or child of a member of the United States
    Armed Forces;
    (iv) any alien whose travel falls within the scope of section 11 of
    the United Nations Headquarters Agreement or who would otherwise be
    allowed entry into the United States pursuant to United States
    obligations under applicable international agreements;
    (v) any alien who is studying or conducting research in a field
    involving information that would not contribute to the PRC's military-
    civil fusion strategy, as determined by the Secretary of State and the
    Secretary of Homeland Security, in consultation with the appropriate
    executive departments and agencies (agencies);
    (vi) any alien whose entry would further important United States law
    enforcement objectives, as determined by the Secretary of State, the
    Secretary of Homeland Security, or their respective designees, based on
    a recommendation of the Attorney General or his designee; or
    (vii) any alien whose entry would be in the national interest, as
    determined by the Secretary of State, the Secretary of Homeland
    Security, or their respective designees.
    (b) Nothing in this proclamation shall be construed to limit the
    ability of an individual to seek asylum, refugee status, withholding of
    removal, or protection under the Convention Against Torture and Other
    Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the
    laws of the United States.
    Sec. 3. Implementation and Enforcement. (a) Persons covered by sections
    1 or 2 of this proclamation shall be identified by the Secretary of
    State or the Secretary of State's designee, in his or her sole
    discretion, pursuant to such standards and procedures as the Secretary
    of State may establish. For purposes of subsections 2(a)(v), 2(a)(vi),
    and 2(a)(vii) of this proclamation, the Secretary of State shall provide
    for identifications of aliens based on the further determinations and
    rec-

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    0mmendations provided for in those subsections by the Attorney
    General and the Secretary of Homeland Security.
    (b) The Secretary of State shall implement this proclamation as it
    applies to visas pursuant to such procedures as the Secretary of State,
    in consultation with the Secretary of Homeland Security, may establish
    in the Secretary of State's discretion. The Secretary of Homeland
    Security shall implement this proclamation as it applies to the entry of
    aliens pursuant to such procedures as the Secretary of Homeland
    Security, in consultation with the Secretary of State, may establish in
    the Secretary of Homeland Security's discretion.
    (c) An alien who circumvents the application of this proclamation
    through fraud, willful misrepresentation of a material fact, or illegal
    entry shall be a priority for removal by the Department of Homeland
    Security.

    Sec. 4. Termination. This proclamation shall remain in effect until
    terminated by the President. The Secretary of State, in consultation
    with the Secretary of Homeland Security, may at any time recommend that
    the President continue, modify, or terminate this proclamation.
    Sec. 5. Effective Date. This proclamation is effective at 12:00 p.m.
    eastern daylight time on June 1, 2020.
    Sec. 6. Additional Measures. (a) The Secretary of State shall consider,
    in the Secretary's discretion, whether nationals of the PRC currently in
    the United States pursuant to F or J visas and who otherwise meet the
    criteria described in section 1 of this proclamation should have their
    visas revoked pursuant to section 221(i) of the INA, 8 U.S.C. 1201(i).
    (b) Within 60 days of the effective date of this proclamation, the
    Secretary of State and the Secretary of Homeland Security, in
    consultation with the heads of appropriate agencies, shall review
    nonimmigrant and immigrant programs and shall recommend to the
    President, through the Assistant to the President for National Security
    Affairs, any other measures requiring Presidential action that would
    mitigate the risk posed by the PRC's acquisition of sensitive United
    States technologies and intellectual property.
    (c) The Secretary of State and the Secretary of Homeland Security
    shall, within the scope of their respective authorities and in
    coordination with the heads of appropriate agencies, take action to
    further mitigate the risk posed by the PRC's acquisition of sensitive
    United States technologies and intellectual property. The Secretary of
    State and the Secretary of Homeland Security shall report to the
    President, within 60 days of the effective date of this proclamation,
    through the Assistant to the President for National Security Affairs,
    any such planned and executed actions.
    (d) The Secretary of State and the Secretary of Homeland Security
    shall consider issuing updated regulations and guidance, as appropriate,
    implementing the inadmissibility provisions in section 212(a)(3)(D) of
    the INA, 8 U.S.C. 1182(a)(3)(D).
    Sec. 7. General Provisions. (a) Nothing in this proclamation shall be
    construed to impair or otherwise affect:
    (i) the authority granted by law to an executive department or
    agency, or the head thereof; or
    (ii) the functions of the Director of the Office of Management and
    Budget relating to budgetary, administrative, or legislative proposals.

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    (b) This proclamation shall be implemented consistent with
    applicable law and subject to the availability of appropriations.
    (c) This proclamation is not intended to, and does not, create any
    right or benefit, substantive or procedural, enforceable at law or in
    equity by any party against the United States, its departments,
    agencies, or entities, its officers, employees, or agents, or any other
    person.
    IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
    May, in the year of our Lord two thousand twenty, and of the
    Independence of the United States of America the two hundred and forty-
    fourth.
    DONALD J. TRUMP