Pub. L. 101-246, tit. IX, sec. 901
FINDINGS AND STATEMENTS OF POLICY.
SEC. 901. FINDINGS AND STATEMENTS OF POLICY. (a) Findings.— The Congress finds that— (1) on June 4, 1989, the Government of the People’s Republic of China ordered an unprovoked, brutal, and indiscriminate assault on thousands of peaceful and unarmed demonstrators and onlookers in and around Tiananmen Square by units of the People’s Liberation Army, which resulted in at least 1,000 deaths and several thousand injuries; (2) the Chinese Government has executed dozens of individuals who participated in prodemocracy demonstrations or who protested the brutal military assault against peaceful demonstrators; (3) the Government of the People’s Republic of China is engaging in widespread mass arrests in the aftermath of the June 4, 1989, military assault in Tiananmen Square, which have resulted in the arrests of thousands of students, workers, and other civilians so far; (4) independent international human rights organizations, such as Amnesty International and Asia Watch, have documented daily incidences of arbitrary arrests, torture, and beatings by police and military forces in the People’s Republic of China; (5) the Chinese Government has established telephone hotlines and other local communications networks for the express purpose of identifying and imprisoning prodemocracy supporters and political dissidents throughout the country; (6) officials of the Chinese Government have grossly distorted the Government’s actions to suppress the prodemocracy movement, including the clandestine disposal of the bodies of demonstrators without informing their families, and have consistently denied that the massacre in and around Tiananmen Square took place or that abuses of human rights have occurred; (7) in an effort to conceal the truth about the Chinese Government’s brutal suppression of the prodemocracy movement, foreign journalists have been expelled and Voice of America broadcasts are being jammed; (8) in view of the widespread and continuing repression, noted Chinese intellectuals and advocates of peaceful democratic reform, Fang Lizhi and Li Shuxian, sought refuge at the United States Embassy in Beijing on June 3, 1989, and the United States exercised its prerogatives under longstanding practices of diplomatic missions by granting them refuge; and (9) the President has condemned the actions of the leaders of the People’s Republic of China against participants in the prodemocracy movement in China and has taken several concrete steps to respond to the repression of the movement, including— 104 STAT. 81 (A) suspending all exports of items on the United States Munitions List, including arms and defense related equipment, to the People’s Republic of China; (B) suspending high level government-government contact between the United States and the People’s Republic of China; (C) extending the visas of nationals of the People’s Republic of China currently in the United States; (D) offering humanitarian and medical assistance to the injured through the Red Cross; (E) instructing United States representatives to international financial institutions to seek delay in the consideration of loan requests that are made to those financial institutions and would benefit the People’s Republic of China; (F) suspending action on applications for the issuance by the Overseas Private Investment Corporation of new insurance and financing of investments in the People’s Republic of China by United States investors; (G) opposing the further liberalization of the guidelines of the group known as the Coordinating Committee (COCOM) regarding trade with the People’s Republic of China; (H) taking no further action to implement the agreement for cooperation between the United States and the People’s Republic of China relating to the uses of nuclear energy, thereby foreclosing the issuance of new licenses; and (I) suspending the license for the export of any United States manufactured satellites for launch on launch vehicles owned by the People’s Republic of China, including the two Aussat satellites and the Asiasat satellite. (b) Statements of Policy.— It is the sense of the Congress that— (1) the President is to be commended for his clear articulation of United States condemnation of the actions of the Government of the People’s Republic of China in the killing and persecution of the participants of the prodemocracy movement in the People’s Republic of China, and for the responses and measures by the President against the People’s Republic of China, which the Congress supports; (2) the consultative approach that the President has used in coordinating with other countries the United States response to the atrocities committed by the leaders of the People’s Republic of China should be supported; (3) it is essential that the United States speak in a bipartisan and unified voice in response to the events in the People’s Republic of China, and that the President be given the necessary flexibility to respond to rapidly changing situations so that the long-term interests of the United States are not damaged; (4) in this vein, the President should continue to emphasize to the leaders of the Government of the People’s Republic of China that resumption of normal diplomatic and military relations between the United States and the People’s Republic of China will depend directly on the Chinese Government’s halting of executions of prodemocracy movement supporters, releasing those imprisoned for their political beliefs, and increasing respect for internationally recognized human rights; 104 STAT. 82 (5) because human rights violations in a country as populous as the People’s Republic of China may have serious implications for the stability of the Asia-Pacific region, the United Nations should, in order to further regional security and peace, condemn the violent repression, mass arrests, abuse of African students, and executions of peaceful demonstrators by the Government of the People’s Republic of China and urge the Chinese Government to enter into negotiations with representatives of the prodemocracy movement; (6) United States policy toward the People’s Republic of China should be explicitly linked with the situation in Tibet, specifically as to whether— (A) martial law is lifted in Lhasa and other parts of Tibet; (B) Tibet is open to foreigners, including representatives of the international press and of international human rights organizations; (C) Tibetan political prisoners are released; and (D) the Government of the People’s Republic of China is entering into negotiations with representatives of the Dalai Lama on a settlement of the Tibetan question; (7) with respect to Hong Kong— (A) the President should convey to the leaders of the People’s Republic of China the importance of living up to its international undertaking with respect to the 1984 Joint Declaration for the future prosperity and stability of Hong Kong; and (B) the Secretary of State should convey to the Government of the United Kingdom the strong concern of the United States for continued respect for human rights in Hong Kong, and the need to accelerate progress toward representative government through free and fair direct elections; (8) the United States should offer admission to the United States to any national of the People’s Republic of China who is under threat of severe penalty as a result of participating in prodemocracy activities; and (9) the President should be commended for his courageous and appropriate action, in accordance with the Vienna Convention on Diplomatic Relations and customary international law, in swiftly providing temporary refuge to Fang Lizhi and Li Shuxian at the United States Embassy in Beijing, and the President should continue to provide refuge to those individuals to ensure their personal safety. (c) Additional Measures.— It is further the sense of the Congress that, in addition to the measures already taken or required to be taken by this title— (1) because systematic repression in China continues, the President should urge the Export-Import Bank of the United States to continue to postpone approval of any application for financing United States exports to the People’s Republic of China; (2) under the direction of the Secretary of the Treasury, the United States executive directors of the appropriate international financial institutions should continue to oppose the extension of loans or any other financial assistance by such institutions to the People’s Republic of China; 104 STAT. 83 (3) if systematic repression in China deepens, the President should review— (A) the advisability of continuing to extend most-favored-nation (MFN) trade treatment to Chinese products; (B) all bilateral trade agreements between the United States and the People’s Republic of China; (C) the bilateral commercial agreements governing Chinese-American cooperation on satellite launches; and (D) the Chinese-American Agreement for Cooperation on the Peaceful Uses of Atomic Energy, signed at Washington on July 23, 1985; (4) if systematic repression in China deepens, the President should consult— (A) with the members of the group known as the Coordinating Committee (COCOM) for the purpose of reviewing the current favorable treatment accorded to high technology exports to the People’s Republic of China; and (B) with the other signatories of the General Agreement on Tariffs and Trade (GATT) for the purpose of reviewing the People’s Republic of China’s observer status at meetings on GATT and reassessing the People’s Republic of China’s right to accede to GATT.