article: 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 April 13, 1987, 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-- (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 administration of Macau; (B) the Macau Special Administrative Region of the People's Republic of China, beginning on December 20, 1999, will continue to enjoy a high degree of autonomy on all matters other than defense and foreign affairs; (C) there is provision for implementation of a ``one country, two systems'' policy, under which Macau will retain its current lifestyle and legal, social, and economic systems until at least the year 2049; (D) the legislature of the Macau Special Administrative Region has been constituted by elections; and (E) provision is made for the continuation in force of agreements implemented as of December 20, 1999, and for the ability of the Macau Special Administrative Region to conclude new agreements. (2) The Congress declares its wish to see full implementation of the provisions of the Joint Declaration. (3) The Congress supports the policies and decisions reflected in the Joint Declaration. (4) It is the sense of the Congress that-- (A) Macau's continued economic prosperity furthers United States interests in the People's Republic of China and Asia; (B) support for democratization is a fundamental principle of United States foreign policy, and as such, that principle naturally applies to United States policy toward Macau, now and after December 19, 1999; and (C)(i) the human rights of the people of Macau are of great importance to the United States and are directly relevant to United States interests in Macau; (ii) a fully successful transition in the exercise of sovereignty over Macau must safeguard human rights in and of themselves; and (iii) human rights also serve as a basis for Macau's continued economic prosperity. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Macau'' means, prior to December 20, 1999, the Portuguese Dependent Territory of Macau, and on and after December 20, 1999, 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, of 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 maintaining Macau's confidence and prosperity, Macau's 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 contribute to Macau's ability to maintain a high degree of autonomy in matters other than defense and foreign affairs as promised 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 and applied to Macau, unless or until terminated in accordance with law. 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, the President shall establish with respect to Macau, within 90 days after the date of the enactment of this Act, such export control policies and regulations as he determines to be advisable in 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 the President 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. 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-- (1) significant developments in United States relations with Macau; (2) significant developments related to the 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.
summary: Title II: The Status of Macau in United States Law - Declares that U.S. laws (including treaties and international agreements and export controls the President determines is in the national security interest of the United States) shall continue to apply to Macau on or after December 20, 1999, unless otherwise expressly provided by law or by Executive order. (Sec. 202) Authorizes the President, whenever it is determined that Macau is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China, to issue an Executive order suspending the application of U.S. law. (Sec. 204) Directs the President to consult with Congress in carrying out this title. Title III: Reporting Provisions - Directs the Secretary of State to report to specified congressional committees on conditions in Macau of interest to the United States, including: (1) significant developments in U.S. relations with Macau (including the change in the exercise of sovereignty over it affecting U.S. interests there or the U.S. relations with Macau and China; (2) any significant problems or other developments arising with respect to the application of U.S. export controls to Macau; (3) the suspension (or termination of such suspension) with respect to the application of U.S. laws to Macau; (4) the application of treaties and other international agreements to Macau; (5) the development of democratic institutions in Macau; and (6) compliance by China and Portugal with their obligations 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.