th d congress session s. 3471 · 8 taida, the huafu fashion company, the kraft 9 heinz company,...

II

116TH CONGRESS 2D SESSION S. 3471

To ensure that goods made with forced labor in the Xinjiang Uyghur Autono-

mous Region of the People’s Republic of China do not enter the United

States market, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 12, 2020

Mr. RUBIO (for himself, Mr. MERKLEY, Mrs. BLACKBURN, Mr. VAN HOLLEN,

Mr. ROMNEY, Mr. YOUNG, Mr. DAINES, Mr. COTTON, Mr. CRUZ, Mr.

DURBIN, and Ms. WARREN) introduced the following bill; which was read

twice and referred to the Committee on Foreign Relations

A BILL To ensure that goods made with forced labor in the Xinjiang

Uyghur Autonomous Region of the People’s Republic

of China do not enter the United States market, and

for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Uyghur Forced Labor 4

Prevention Act’’. 5

SEC. 2. FINDINGS. 6

Congress makes the following findings: 7

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(1) In the Xinjiang Uyghur Autonomous Re-1

gion, the Government of the People’s Republic of 2

China has established a system of extrajudicial mass 3

internment camps arbitrarily detaining as many as 4

1,800,000 Uyghurs, Kazakhs, Kyrgyz, and members 5

of other Muslim minority groups who have been sub-6

jected to forced labor, torture, political indoctrina-7

tion, and severe human rights abuses. 8

(2) Forced labor exists within the Xinjiang 9

Uyghur Autonomous Region’s system of mass in-10

ternment camps, and throughout the region, and is 11

confirmed by the testimony of former camp detain-12

ees, satellite imagery, and official leaked documents 13

from the Government of the People’s Republic of 14

China as part of a targeted campaign of repression 15

of Muslim ethnic minorities. 16

(3) There is a very high risk that many fac-17

tories and other suppliers in the Xinjiang Uyghur 18

Autonomous Region are exploiting forced labor, ac-19

cording to reports from researchers, media, and civil 20

society groups. Audits to vet products and supply 21

chains in the Xinjiang Uyghur Autonomous Region 22

are not possible because of the extent to which 23

forced labor has contaminated the regional economy, 24

the mixing of involuntary labor with voluntary labor, 25


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the inability of witnesses to speak freely about work-1

ing conditions given heavy government surveillance 2

and coercion, and the strong incentive of government 3

officials to conceal government-sponsored forced 4

labor. 5

(4) In its June 2019 Trafficking in Persons Re-6

port, the Department of State found, ‘‘Authorities 7

offer subsidies incentivizing Chinese companies to 8

open factories in close proximity to the internment 9

camps, and local governments receive additional 10

funds for each inmate forced to work in these sites 11

at a fraction of minimum wage or without any com-12

pensation.’’. 13

(5) In September 2019, U.S. Customs and Bor-14

der Protection issued a ‘‘withhold release order’’ 15

with respect to garments produced by Hetian Taida 16

Apparel Co., Ltd., because of ‘‘suspected prison or 17

forced labor’’ from its factories in the Xinjiang 18

Uyghur Autonomous Region. 19

(6) In its 2019 Annual Report, the Congres-20

sional-Executive Commission on China found that 21

products reportedly produced with forced labor by 22

current and former mass internment camp detainees 23

included textiles, electronics, food products, shoes, 24

tea, and handicrafts. 25


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(7) According to public reports, companies that 1

are or have been suspected of directly employing 2

forced labor or sourcing from suppliers that are sus-3

pected of using forced labor include Adidas, Badger 4

Sportswear, Calvin Klein, the Campbell Soup Com-5

pany, the Coca-Cola Company, COFCO Tunhe Com-6

pany, Costco, Esquel Group, Esprit, H&M, Hetian 7

Taida, the Huafu Fashion Company, the Kraft 8

Heinz Company, Litai Textiles, Nike, Inc., Pata-9

gonia, Inc., Tommy Hilfiger, the Urumqi Shengshi 10

Huaer Culture Technology Company, the Yili Zhuo 11

Wan Garment Manufacturing Company, and the 12

Zhihui Haipai Internet of Things Technology Com-13

pany. 14

(8) Section 307 of the Tariff Act of 1930 (19 15

U.S.C. 1307) prohibits the importation into the 16

United States of ‘‘goods, wares, articles, and mer-17

chandise mined, produced, or manufactured wholly 18

or in part’’ by forced labor. Such merchandise is 19

subject to exclusion or seizure and may lead to 20

criminal investigation of the importer. 21

(9) The policies of the Government of the Peo-22

ple’s Republic of China are in contravention of inter-23

national human rights standards, including— 24


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(A) the Universal Declaration of Human 1

Rights and the International Covenant on Civil 2

and Political Rights, which the People’s Repub-3

lic of China has signed but not yet ratified; 4

(B) the International Covenant on Eco-5

nomic, Social, and Cultural Rights, ratified by 6

the People’s Republic of China in 2001; and 7

(C) the United Nations Protocol to Pre-8

vent, Suppress, and Punish Trafficking in Per-9

sons, Especially Women and Children (com-10

monly referred to as the ‘‘Palermo Protocol’’), 11

to which the People’s Republic of China is a 12

state party. 13

SEC. 3. STATEMENT OF POLICY. 14

It is the policy of the United States— 15

(1) to prohibit the importation of all goods pro-16

duced, in whole or in part, by forced labor from the 17

People’s Republic of China and particularly any such 18

goods produced in the Xinjiang Uyghur Autonomous 19

Region in the People’s Republic of China; 20

(2) to encourage the international community 21

to reduce the importation of any goods produced by 22

forced labor from the People’s Republic of China, 23

particularly those goods produced in the Xinjiang 24

Uyghur Autonomous Region; 25


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(3) to actively work to prevent, publicly de-1

nounce, and end human trafficking as a horrific as-2

sault on human dignity and to restore the lives of 3

those affected by human trafficking, a modern form 4

of slavery; 5

(4) to regard the prevention of atrocities as in 6

the national interest of the United States, including 7

efforts to prevent— 8

(A) torture; 9

(B) enforced disappearances; 10

(C) severe deprivation of liberty, including 11

mass internment, arbitrary detention, and wide-12

spread and systematic use of forced labor; and 13

(D) persecution targeting any identifiable 14

ethnic or religious group; and 15

(5) to address gross violations of human rights 16

in Xinjiang Uyghur Autonomous Region— 17

(A) through bilateral diplomatic channels 18

and multilateral institutions in which both the 19

United States and the People’s Republic of 20

China are members; and 21

(B) by using all the authorities available to 22

the United States Government, including visa 23

and financial sanctions, export restrictions, and 24

import controls. 25


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SEC. 4. DEFINITIONS. 1

In this Act: 2

(1) APPROPRIATE CONGRESSIONAL COMMIT-3

TEES.—The term ‘‘appropriate congressional com-4

mittees’’ means— 5

(A) the Committee on Foreign Relations 6

and the Committee on Banking, Housing, and 7

Urban Affairs of the Senate; and 8

(B) the Committee on Foreign Affairs and 9

the Committee on Financial Services of the 10

House of Representatives. 11

(2) ENTITY.—The term ‘‘entity’’ means a part-12

nership, association, trust, joint venture, corpora-13

tion, group, subgroup, or other organization. 14

(3) FORCED LABOR.—The term ‘‘forced labor’’ 15

has the meaning given that term in section 307 of 16

the Tariff Act of 1930 (19 U.S.C. 1307). 17

(4) FOREIGN PERSON.—The term ‘‘foreign per-18

son’’ means any person that is not a United States 19

person— 20

(A) an individual who is not a United 21

States citizen or an alien lawfully admitted for 22

permanent residence to the United States; or 23

(B) an entity that is not a United States 24

person. 25


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(5) PERSON.—The term ‘‘person’’ means an in-1

dividual or entity. 2

(6) UNITED STATES PERSON.—The term 3

‘‘United States person’’ means— 4

(A) an individual who is a United States 5

citizen or an alien lawfully admitted for perma-6

nent residence to the United States; 7

(B) an entity organized under the laws of 8

the United States or any jurisdiction within the 9

United States, including a foreign branch of 10

such an entity; or 11

(C) any person in the United States. 12

SEC. 5. REBUTTABLE PRESUMPTION THAT IMPORT PROHI-13

BITION APPLIES TO GOODS PRODUCED IN 14

THE XINJIANG UYGHUR AUTONOMOUS RE-15

GION. 16

(a) IN GENERAL.—Not later than 120 days after the 17

date of the enactment of this Act, and except as provided 18

in subsection (c)— 19

(1) the importation of goods described in sub-20

section (b) shall be deemed to be prohibited under 21

section 307 of the Tariff Act of 1930 (19 U.S.C. 22

1307); and 23

(2) such goods shall not be entitled to entry at 24

any of the ports of the United States. 25


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(b) GOODS DESCRIBED.—Goods described in this 1

subsection are any significant goods, wares, articles, and 2

merchandise mined, produced, or manufactured wholly or 3

in part— 4

(1) in the Xinjiang Uyghur Autonomous Region 5

of the People’s Republic of China; or 6

(2) by entities working with the government of 7

the Xinjiang Uyghur Autonomous Region under 8

‘‘poverty alleviation’’ or ‘‘mutual pairing assistance’’ 9

programs. 10

(c) EXCEPTION.—Subsection (a) shall not apply with 11

respect to a good if the Commissioner of U.S. Customs 12

and Border Protection— 13

(1) finds, by clear and convincing evidence, that 14

the good was not produced wholly or in part with 15

convict labor, forced labor, or indentured labor 16

under penal sanctions; and 17

(2) submits to the appropriate congressional 18

committees, and makes available to the public, a re-19

port on that finding. 20

SEC. 6. DETERMINATION OF WHETHER FORCED LABOR IN 21

THE XINJIANG UYGHUR AUTONOMOUS RE-22

GION CONSTITUTES AN ATROCITY. 23


date of the enactment of this Act, the Secretary of State 25


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shall submit to the appropriate congressional committees 1

a report that sets for the determination of the Secretary 2

with respect to whether the forced labor experienced by 3

Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim 4

minority groups in the Xinjiang Uyghur Autonomous Re-5

gion of the People’s Republic of China is systematic and 6

widespread and therefore constitutes an atrocity within 7

the meaning of section 6 of the Elie Wiesel Genocide and 8

Atrocities Prevention Act of 2018 (Public Law 115–441; 9

22 U.S.C. 2656 note). 10

(b) FORM.—The report required by subsection (a)— 11

(1) shall be submitted in unclassified form, but 12

may include a classified annex, if necessary; and 13

(2) may be submitted with the report required 14

by section 7. 15

SEC. 7. STRATEGY TO ADDRESS FORCED LABOR IN THE 16

XINJIANG UYGHUR AUTONOMOUS REGION. 17


date of the enactment of this Act, the Secretary of State, 19

in coordination with the heads of other appropriate Fed-20

eral agencies, shall submit to the appropriate congres-21

sional committees a report that details the strategy of the 22

United States to promote initiatives to enhance inter-23

national awareness of and to address the forced labor in 24


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the Xinjiang Uyghur Autonomous Region of the People’s 1

Republic of China. 2

(b) ELEMENTS OF STRATEGY.—The strategy re-3

quired by subsection (a) shall include— 4

(1) a plan to enhance bilateral and multilateral 5

outreach, including sustained engagement with the 6

governments of partners and allies of the United 7

States, to end the forced labor of Uyghurs, Kazakhs, 8

Kyrgyz, and members of other Muslim minority 9

groups in the Xinjiang Uyghur Autonomous Region; 10

(2) public affairs and public diplomacy cam-11

paigns, including options to work with news organi-12

zations and media outlets to publish opinion pieces 13

and secure public speaking opportunities for United 14

States Government officials on issues related to the 15

human rights situation, including forced labor, in 16

the Xinjiang Uyghur Autonomous Region; 17

(3) opportunities to coordinate and collaborate 18

with appropriate nongovernmental organizations and 19

private sector entities to raise awareness about prod-20

ucts made using forced labor in the Xinjiang Uyghur 21

Autonomous Region; and 22

(4) opportunities to provide assistance to 23

Uyghurs, Kazakhs, Kyrgyz, and members of other 24

Muslim minority groups, including those formerly 25


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detained in mass internment camps in the Xinjiang 1

Uyghur Autonomous Region. 2

(c) CONTENTS OF REPORT.—The report required by 3

subsection (a) shall include— 4

(1) a list of Chinese entities that— 5

(A) directly or indirectly use forced labor 6

in the Xinjiang Uyghur Autonomous Region; or 7

(B) act as agents of such entities to import 8

goods into the United States; 9

(2) a list of products made wholly or in part by 10

forced labor in the Xinjiang Uyghur Autonomous 11

Region; 12

(3) businesses that sold products in the United 13

States made wholly or in part with forced labor in 14

the Xinjiang Uyghur Autonomous Region; and 15

(4) actions taken by the executive branch to ad-16

dress forced labor in the Xinjiang Uyghur Autono-17

mous Region under existing authorities, including 18

under— 19

(A) the Trafficking Victims Protection Act 20

of 2000 (22 U.S.C. 7101 et seq.); 21

(B) section 307 of the Tariff Act of 1930 22

(19 U.S.C. 1307); 23


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(C) the Elie Wiesel Genocide and Atroc-1

ities Prevention Act of 2018 (Public Law 115– 2

441; 132 Stat. 5586); 3

(D) the Global Magnitsky Human Rights 4

Accountability Act (subtitle F of title XII of 5

Public Law 114–328; 22 U.S.C. 2656 note); 6

and 7

(E) section 8 of this Act. 8

(d) FORM OF REPORT.—The report required by sub-9

section (a) shall be submitted in unclassified form, but 10

may include a classified annex, if necessary. 11

(e) UPDATES.—Any updates to the strategic plan re-12

quired by subsection (a) shall be— 13

(1) provided quarterly, if applicable, through 14

briefings to the staff of the appropriate congres-15

sional committees; and 16

(2) included in subsequent years as part of the 17

annual report on trafficking in persons required by 18

section 110(b)(1) of the Trafficking Victims Protec-19

tion Act of 2000 (22 U.S.C. 7107(b)(1)). 20

(f) TERMINATION.—The requirements of this section 21

shall terminate on the date on which the President sub-22

mits to the appropriate congressional committees a certifi-23

cation that the Government of the People’s Republic of 24

China has ended mass internment, forced labor, and any 25


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other gross violations of human rights experienced by 1

Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim 2

minority groups in the Xinjiang Uyghur Autonomous Re-3

gion. 4

SEC. 8. IMPOSITION OF SANCTIONS. 5

(a) REPORT REQUIRED.— 6

(1) IN GENERAL.—Not later than 180 days 7

after the date of the enactment of this Act, and not 8

less frequently than annually thereafter, the Presi-9

dent shall submit to the appropriate congressional 10

committees a report that identifies each foreign per-11

son, including any official of the Government of the 12

People’s Republic of China, that the President deter-13

mines— 14

(A) knowingly engages in, is responsible 15

for, or facilitates the forced labor of Uyghurs, 16

Kazakhs, Kyrgyz, and members of other Mus-17

lim minority groups in the Xinjiang Uyghur 18

Autonomous Region; or 19

(B) knowingly engages in, contributes to, 20

assists, or provides financial, material, or tech-21

nological support for, the importation into the 22

United States of goods produced with forced 23

labor from the Xinjiang Uyghur Autonomous 24

Region. 25


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(2) FORM.—The report required by paragraph 1

(1) shall be submitted in unclassified form, but may 2

include a classified annex. 3

(b) IMPOSITION OF SANCTIONS.—The President shall 4

impose the following sanctions with respect to each foreign 5

person identified in the report required by subsection 6

(a)(1): 7

(1) ASSET BLOCKING.—The President shall ex-8

ercise all of the powers granted to the President 9

under the International Emergency Economic Pow-10

ers Act (50 U.S.C. 1701 et seq.) to the extent nec-11

essary to block and prohibit all transactions in prop-12

erty and interests in property of the foreign person 13

if such property and interests in property are in the 14

United States, come within the United States, or are 15

or come within the possession or control of a United 16

States person. 17

(2) INELIGIBILITY FOR VISAS, ADMISSION, OR 18

PAROLE.— 19

(A) VISAS, ADMISSION, OR PAROLE.—An 20

alien described in subsection (a)(1) is— 21

(i) inadmissible to the United States; 22

(ii) ineligible to receive a visa or other 23

documentation to enter the United States; 24

and 25


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(iii) otherwise ineligible to be admitted 1

or paroled into the United States or to re-2

ceive any other benefit under the Immigra-3

tion and Nationality Act (8 U.S.C. 1101 et 4

seq.). 5

(B) CURRENT VISAS REVOKED.— 6

(i) IN GENERAL.—An alien described 7

in subsection (a)(1) is subject to revocation 8

of any visa or other entry documentation 9

regardless of when the visa or other entry 10

documentation is or was issued. 11

(ii) IMMEDIATE EFFECT.—A revoca-12

tion under clause (i) shall— 13

(I) take effect immediately; and 14

(II) automatically cancel any 15

other valid visa or entry documenta-16

tion that is in the alien’s possession. 17

(c) IMPLEMENTATION; PENALTIES.— 18

(1) IMPLEMENTATION.—The President may ex-19

ercise the authorities provided to the President 20

under sections 203 and 205 of the International 21

Emergency Economic Powers Act (50 U.S.C. 1702 22

and 1704) to the extent necessary to carry out this 23

section. 24


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(2) PENALTIES.—A person that violates, at-1

tempts to violate, conspires to violate, or causes a 2

violation of subsection (b)(1) or any regulation, li-3

cense, or order issued to carry out that subsection 4

shall be subject to the penalties set forth in sub-5

sections (b) and (c) of section 206 of the Inter-6

national Emergency Economic Powers Act (50 7

U.S.C. 1705) to the same extent as a person that 8

commits an unlawful act described in subsection (a) 9

of that section. 10

(d) WAIVER.—The President may waive the applica-11

tion of sanctions under this section with respect to a per-12

son identified in the report required by subsection (a)(1) 13

if the President determines and certifies to the appro-14

priate congressional committees that such a waiver is in 15

the national interest of the United States. 16

(e) EXCEPTIONS.— 17

(1) EXCEPTION FOR INTELLIGENCE ACTIVI-18

TIES.—Sanctions under this section shall not apply 19

to any activity subject to the reporting requirements 20

under title V of the National Security Act of 1947 21

(50 U.S.C. 3091 et seq.) or any authorized intel-22

ligence activities of the United States. 23

(2) EXCEPTION TO COMPLY WITH INTER-24

NATIONAL OBLIGATIONS AND FOR LAW ENFORCE-25


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MENT ACTIVITIES.—Sanctions under subsection 1

(b)(2) shall not apply with respect to an alien if ad-2

mitting or paroling the alien into the United States 3

is necessary— 4

(A) to permit the United States to comply 5

with the Agreement regarding the Head-6

quarters of the United Nations, signed at Lake 7

Success June 26, 1947, and entered into force 8

November 21, 1947, between the United Na-9

tions and the United States, or other applicable 10

international obligations; or 11

(B) to carry out or assist law enforcement 12

activity in the United States. 13

(3) EXCEPTION RELATING TO IMPORTATION OF 14

GOODS.— 15

(A) IN GENERAL.—The authorities and re-16

quirements to impose sanctions authorized 17

under this section shall not include the author-18

ity or a requirement to impose sanctions on the 19

importation of goods. 20

(B) GOOD DEFINED.—In this paragraph, 21

the term ‘‘good’’ means any article, natural or 22

manmade substance, material, supply, or manu-23

factured product, including inspection and test 24

equipment, and excluding technical data. 25


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(f) TERMINATION OF SANCTIONS.—The President 1

may terminate the application of sanctions under this sec-2

tion with respect to a person if the President determines 3

and reports to the appropriate congressional committees 4

not less than 15 days before the termination takes effect 5

that— 6

(1) information exists that the person did not 7

engage in the activity for which sanctions were im-8

posed; 9

(2) the person has been prosecuted appro-10

priately for the activity for which sanctions were im-11

posed; 12

(3) the person has credibly demonstrated a sig-13

nificant change in behavior, has paid an appropriate 14

consequence for the activity for which sanctions were 15

imposed, and has credibly committed to not engage 16

in an activity described in subsection (a)(1) in the 17

future; or 18

(4) the termination of the sanctions is in the 19

national security interests of the United States. 20

(g) TERMINATION.—This section, and any sanctions 21

imposed under this section, shall terminate on the date 22

that is 5 years after the date of the enactment of this 23

Act. 24


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(h) DEFINITIONS.—In this section, the terms ‘‘ad-1

mission’’, ‘‘admitted’’, and ‘‘alien’’ have the meanings 2

given those terms in section 101 of the Immigration and 3

Nationality Act (8 U.S.C. 1101). 4

SEC. 9. DESIGNATION OF ADDITIONAL ENTITIES FOR IMPO-5

SITION OF SANCTIONS. 6


date of the enactment of this Act, the President shall sub-8

mit to the appropriate congressional committees a report 9

that includes the following: 10

(1) A determination with respect to whether 11

reasonable grounds exist to issue a withhold release 12

order pursuant to section 307 of the Tariff Act of 13

1930 (19 U.S.C. 1307) for each of the following: 14

(A) Yili Zhou Wan Garment Manufac-15

turing Company. 16

(B) Zhihui Haipai Internet of Things 17

Technology Company. 18

(C) Urumqi Shengshi Hua’er Culture 19

Technology Limited Company. 20

(D) Litai Textiles, Huafu Fashion Com-21

pany. 22

(E) Esquel Group headquartered in Hong 23

Kong. 24

(F) Cofco Tunhe Company. 25


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(2) If the President determines under para-1

graph (1) that reasonable grounds do not exist to 2

issue a withhold release order with respect to an en-3

tity specified in that paragraph, an explanation of 4

the reasons for that determination. 5

(b) FORM OF REPORT.—The report required by sub-6

section (a) shall be submitted in unclassified form, but 7

may include a classified annex. 8

SEC. 10. DISCLOSURES TO THE SECURITIES AND EX-9

CHANGE COMMISSION OF CERTAIN ACTIVI-10

TIES RELATED TO THE XINJIANG UYGHUR 11

AUTONOMOUS REGION. 12

(a) POLICY STATEMENTS.—It is the policy of the 13

United States— 14

(1) to protect United States investors, though 15

stronger disclosure requirements, alerting them to 16

the presence of Chinese and other entities complicit 17

in gross violations of human rights in United States 18

capital markets, including United States and foreign 19

entities that are listed on United States exchanges 20

and enable the mass internment and population sur-21

veillance of Uyghurs, Kazakhs, Kyrgyz, and other 22

Muslim minorities in the Xinjiang Uyghur Autono-23

mous Region of the People’s Republic of China or 24


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source products made with forced labor from that 1

region; and 2

(2) that such complicity represents a clear, ma-3

terial risk to the share values and corporate reputa-4

tions of those entities and therefore also to prospec-5

tive United States investors, particularly given that 6

the United States Government has imposed sanc-7

tions and export restrictions to target persons con-8

tributing to human rights abuses in the People’s Re-9

public of China. 10

(b) IN GENERAL.—Section 13 of the Securities Ex-11

change Act of 1934 (15 U.S.C. 78m) is amended by add-12

ing at the end the following new subsection: 13

‘‘(s) DISCLOSURE OF CERTAIN ACTIVITIES RELAT-14

ING TO THE XINJIANG UYGHUR AUTONOMOUS REGION.— 15

‘‘(1) IN GENERAL.—Each issuer required to file 16

an annual or quarterly report under subsection (a) 17

shall disclose in that report the information required 18

by paragraph (2) if, during the period covered by 19

the report, the issuer or any affiliate of the issuer— 20

‘‘(A) knowingly engaged in an activity with 21

an entity or the affiliate of an entity engaged 22

in creating or providing technology or other as-23

sistance to create mass population surveillance 24

systems in the Xinjiang Uyghur Autonomous 25


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Region of the People’s Republic of China, in-1

cluding any entity operating in the Xinjiang 2

Uyghur Autonomous Region and on the entity 3

list maintained by the Bureau of Industry and 4

Security and set forth in Supplement No. 4 to 5

part 744 of title 15, Code of Federal Regula-6

tions; 7

‘‘(B) knowingly engaged in an activity with 8

an entity or the affiliate of an entity building 9

and running detention facilities for Uyghurs, 10

Kazakhs, Kyrgyz, and members of other Mus-11

lim minority groups in the Xinjiang Uyghur 12

Autonomous Region; 13

‘‘(C) knowingly, directly or indirectly, en-14

gaged with an entity or the affiliate of an entity 15

to purchase or otherwise acquire significant 16

types or amounts of textiles made from material 17

produced or manufactured in the Xinjiang 18

Uyghur Autonomous Region; 19

‘‘(D) knowingly engaged in an activity with 20

an entity or the affiliate of an entity described 21

in section 5(c)(2) of the Uyghur Forced Labor 22

Prevention Act, including— 23

‘‘(i) any entity engaged in the ‘mutual 24

pairing assistance’ program, which sub-25


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sidizes the establishment of manufacturing 1

facilities in the Xinjiang Uyghur Autono-2

mous Region; or 3

‘‘(ii) any entity for which U.S. Cus-4

toms and Border Protection has issued a 5

withhold release order pursuant to section 6

307 of the Tariff Act of 1930 (19 U.S.C. 7

1307); or 8

‘‘(E) knowingly conducted any transaction 9

or had dealings with— 10

‘‘(i) any person the property and in-11

terests in property of which were blocked 12

by the Secretary of the Treasury for the 13

detention or abuse of Uyghurs, Kazakhs, 14

Kyrgyz, and other Muslim minorities in 15

the Xinjiang Uyghur Autonomous Region; 16

‘‘(ii) any person the property and in-17

terests in property of which are blocked 18

pursuant to the Global Magnitsky Human 19

Rights Accountability Act (subtitle F of 20

title XII of Public Law 114–328; 22 21

U.S.C. 2656 note); or 22

‘‘(iii) any person responsible for, or 23

complicit in, committing atrocities in the 24

Xinjiang Uyghur Autonomous Region. 25


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‘‘(2) INFORMATION REQUIRED.—If an issuer or 1

an affiliate of the issuer has engaged in any activity 2

described in paragraph (1), the issuer shall disclose 3

a detailed description of each such activity, includ-4

ing— 5

‘‘(A) the nature and extent of the activity; 6

‘‘(B) the gross revenues and net profits, if 7

any, attributable to the activity; and 8

‘‘(C) whether the issuer or the affiliate of 9

the issuer (as the case may be) intends to con-10

tinue the activity. 11

‘‘(3) NOTICE OF DISCLOSURES.—If an issuer 12

reports under paragraph (1) that the issuer or an 13

affiliate of the issuer has knowingly engaged in any 14

activity described in that paragraph, the issuer shall 15

separately file with the Commission, concurrently 16

with the annual or quarterly report under subsection 17

(a), a notice that the disclosure of that activity has 18

been included in that annual or quarterly report that 19

identifies the issuer and contains the information re-20

quired by paragraph (2). 21

‘‘(4) PUBLIC DISCLOSURE OF INFORMATION.— 22

Upon receiving a notice under paragraph (3) that an 23

annual or quarterly report includes a disclosure of 24


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an activity described in paragraph (1), the Commis-1

sion shall promptly— 2

‘‘(A) transmit the report to— 3

‘‘(i) the President; 4

‘‘(ii) the Committee on Foreign Rela-5

tions and the Committee on Banking, 6

Housing, and Urban Affairs of the Senate; 7

and 8

‘‘(iii) the Committee on Foreign Af-9

fairs and the Committee on Financial 10

Services of the House of Representatives; 11

and 12

‘‘(B) make the information provided in the 13

disclosure and the notice available to the public 14

by posting the information on the internet 15

website of the Commission. 16

‘‘(5) INVESTIGATIONS.—Upon receiving a re-17

port under paragraph (4) that includes a disclosure 18

of an activity described in paragraph (1), the Presi-19

dent shall— 20

‘‘(A) make a determination with respect to 21

whether— 22

‘‘(i) any investigation is needed into 23

the possible imposition of sanctions under 24

the Global Magnitsky Human Rights Ac-25


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countability Act (subtitle F of title XII of 1

Public Law 114–328; 22 U.S.C. 2656 2

note); or 3

‘‘(ii) any criminal investigation is war-4

ranted under a provision of law intended to 5

hold accountable individuals or entities in-6

volved in the importation of goods pro-7

duced by forced labor, including under sec-8

tion 1589 or 1761 of title 18, United 9

States Code, or section 545 of that title; 10

and 11

‘‘(B) not later than 180 days after initi-12

ating any such investigation, make a determina-13

tion with respect to whether sanctions should be 14

imposed or criminal proceedings initiated, as 15

the case may be, with respect to the issuer or 16

the affiliate of the issuer. 17

‘‘(6) SUNSET.—The provisions of this sub-18

section shall terminate on the date that is 30 days 19

after the date on which the President makes the cer-20

tification described in section 7(f) of the Uyghur 21

Forced Labor Prevention Act. 22

‘‘(7) MASS POPULATION SURVEILLANCE SYS-23

TEM DEFINED.—In this section, the term ‘mass pop-24

ulation surveillance system’ means installation and 25


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integration of facial recognition cameras, biometric 1

data collection, mobile phone surveillance, and artifi-2

cial intelligence technology with the ‘Sharp Eyes’ 3

and ‘Integrated Joint Operations Platform’ or other 4

technologies that are used by the security forces of 5

the People’s Republic of China for surveillance and 6

big-data predictive policing.’’. 7

(c) EFFECTIVE DATE.—The amendment made by 8

subsection (a) shall take effect with respect to reports re-9

quired to be filed with the Securities and Exchange Com-10

mission after the date that is 180 days after the date of 11

the enactment of this Act. 12

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th d congress session s. 3471 · 8 taida, the huafu fashion company, the kraft 9 heinz company,...

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