Hong Kong Economic and Trade Office (HKETO) Certification Act
This bill, titled the Hong Kong Economic and Trade Office (HKETO) Certification Act, would congressionally gate whether the Hong Kong Economic and Trade Offices (HKTOs) in the United States continue to receive certain privileges, exemptions, and immunities that were extended to them by a 1997 law. It requires the Secretary of State to include, in each required certification under the US-Hong Kong Policy Act of 1992, a separate determination on whether HKTOs merit those privileges. If Congress disapproves the certification, HKTO operations would terminate within about 180 days. If Congress approves the certification, HKTOs may continue for up to one year (or until the next certification), unless a disapproval resolution is enacted. The bill also imposes conditions on US contracting with HKTOs and sets out a policy stance regarding Hong Kong’s autonomy and human rights. In addition to the certification framework, the bill states that US government contracting with HKTOs for tourism, culture, or business activities is allowed only if HKTOs are certified to merit the privileges and no disapproval is enacted within a 90-day window, and if the contract does not promote or mask efforts to dismantle Hong Kong’s autonomy or to portray China in a way that undermines human rights or the rule of law. The bill also articulates a US policy that, as long as Hong Kong does not enjoy a high degree of autonomy, the US should avoid promoting Hong Kong as autonomous or engaging in propaganda favorable to the Hong Kong or PRC governments, while pursuing a broader human rights and judiciary reforms agenda.
Key Points
- 1Certification process on HKTO privileges: The Secretary of State must, within 30 days of enactment and with each required certification, determine whether HKTOs in the U.S. merit the privileges, exemptions, and immunities granted by the 1997 statute, and include a justification or national-security considerations.
- 2Termination vs. continuation timeline: If HKTOs no longer merit the privileges, their operations must end within 180 days of the determination. If they do merit the privileges, HKTOs may continue for one year after the certification (or until the next certification, whichever comes first), unless a disapproval resolution is enacted.
- 3Congressional disapproval mechanism: Congress can block the Secretary’s certification via a joint disapproval resolution, with detailed procedural rules for introduction, committee action, and floor consideration in both the House and Senate.
- 4Restrictions on contracting with HKTOs: U.S. government contracts with HKTOs for tourism, culture, or related activities may proceed only if HKTOs are certified as meriting the privileges, no disapproval is enacted within 90 days, and the contract does not support efforts to dismantle Hong Kong’s autonomy or portray HK/China in a way that undermines human rights.
- 5Broader policy stance on Hong Kong autonomy: The bill codifies a policy that the U.S. should avoid promoting Hong Kong as autonomous or assisting PRC/HKSAR propaganda while continuing to advocate for political prisoners, free press, fair elections, and an independent judiciary in Hong Kong.