Executive Order 13936 · Signed Jul 14, 2020

85 FR 43413 · Published Jul 17, 2020 · Effective on signing

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The President's Executive Order on Hong Kong Normalization

Hong KongChina policyeconomic sanctionsnational emergencyexport controls

Signed by President Donald Trump

The order declares a national emergency over China's actions in Hong Kong and immediately strips Hong Kong of the special legal status the United States has extended to it since 1992, directing agencies to treat Hong Kong the same as mainland China across trade, immigration, arms exports, and other areas of law.

It also imposes IEEPA-backed asset freezes and travel bans on foreign persons responsible for undermining Hong Kong's autonomy, effective upon signing — making this one of the broadest single executive actions taken against China-related targets in recent years.

What this order does

What it orders

The order declares a national emergency based on China's imposition of national security legislation on Hong Kong, which the President determines constitutes an unusual and extraordinary threat to U.S. national security, foreign policy, and economy. It suspends the application of the United States-Hong Kong Policy Act's differential-treatment provisions across a range of statutes covering immigration, arms exports, export controls, and customs. It directs agency heads to begin regulatory amendments within 15 days, covering actions such as revoking Hong Kong export license exceptions, ending police training programs, terminating or suspending bilateral agreements on fugitive surrender and prisoner transfer, ending the Fulbright exchange program with China and Hong Kong, and terminating tax exemption agreements for international shipping.

It also immediately blocks all U.S.-based property and interests of foreign persons determined by the Secretary of State or Secretary of the Treasury to have been involved in coercing individuals under, or developing or implementing, China's Hong Kong national security law — and bans those persons and their immediate family members from entering the United States. A reversibility clause states the President will reconsider these determinations if China's actions ensure Hong Kong is sufficiently autonomous again.

Who it affects

U.S. businesses and individuals trading with or operating in Hong Kong, Hong Kong residents seeking U.S. visas or refugee status, foreign nationals subject to asset blocking and travel bans, U.S. exporters relying on Hong Kong license exceptions, and participants in Fulbright exchange programs traveling to or from Hong Kong or China.

Why it matters

Hong Kong loses the trade, immigration, and export-control advantages it has held under U.S. law since 1992. U.S. companies that used Hong Kong as a gateway distinct from mainland China now face the same restrictions that apply to China, and foreign officials linked to the national security crackdown face immediate asset freezes and entry bans.

What must happen and when

How the order is supposed to work

The Secretary of the Treasury, in consultation with the Secretary of State, holds primary IEEPA implementation authority and may adopt rules, regulations, and subdelegations within Treasury. Agency heads must begin all appropriate actions within 15 days. State and Treasury jointly designate sanctioned individuals; no prior notice to listed persons is required. The Secretary of the Treasury must submit recurring and final reports to Congress under NEA and IEEPA reporting requirements. The order includes a reversibility clause allowing the President to rescind measures if China restores Hong Kong's autonomy consistent with the 1984 Joint Declaration.

Actions and deadlines

  • Commence all appropriate actions to amend regulations and eliminate preferential treatment for Hong KongWithin 15 days of signing
  • Amend regulations under IEEPA that provide differential treatment for Hong Kong compared to ChinaWithin 15 days of signing
  • Amend 8 CFR 212.4(i) to eliminate preference for Hong Kong passport holders over PRC passport holdersWithin 15 days of signing
  • Revoke export license exceptions for exports, reexports, and transfers to Hong Kong under Export Administration RegulationsWithin 15 days of signing
  • Give notice of intent to suspend the U.S.-Hong Kong Fugitive Surrender AgreementWithin 15 days of signing
  • Give notice of intent to terminate the U.S.-Hong Kong Transfer of Sentenced Persons AgreementWithin 15 days of signing
  • Take steps to end police training for Hong Kong security services at State Department law enforcement academiesWithin 15 days of signing
  • Take steps to terminate the Fulbright exchange program for participants traveling to or from China or Hong KongWithin 15 days of signing
  • Give notice of intent to terminate the shipping tax exemption agreement with Hong KongWithin 15 days of signing
  • Propose further actions to end special conditions and preferential treatment for Hong KongNo deadline specified
  • Submit recurring and final reports to Congress on the national emergency declared in this orderNo deadline specified

Agencies directed to act

Department of StateDepartment of the TreasuryDepartment of CommerceDepartment of the InteriorDepartment of Defense

Authority and reach

Authorities cited

International Emergency Economic Powers Act (IEEPA)

Authorizes the President to regulate international commerce and freeze foreign assets during a declared national emergency.

National Emergencies Act

Governs how the President declares and maintains national emergencies and requires reports to Congress.

United States-Hong Kong Policy Act of 1992

Established the framework under which the U.S. treated Hong Kong differently from mainland China.

Section 212(f), Immigration and Nationality Act

Allows the President to suspend entry of any class of aliens deemed detrimental to U.S. interests.

3 U.S.C. § 301

Authorizes the President to delegate functions to executive branch officers.

Executive Order

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Executive Order 13936: The President's Executive Order on Hong Kong Normalization | EO Reporter