![]() However, unlike the HKAA, the Blocking Sanctions authorize sanctions to be immediately imposed once persons are identified by the Secretary of State and/or Secretary of the Treasury. Additionally, both regimes raise a potential dilemma: as compliance with US sanctions may be illegal under the broadly-worded National Security Law, companies may be forced to choose between complying with the National Security Law and complying with US sanctions. Both regimes target persons who allegedly undermine democratic processes and human rights in Hong Kong, and it is foreseeable that various Chinese entities will be subject to sanctions under both regimes. To some extent, the Blocking Sanctions overlap with the separate sanctions regime in the HKAA (the “HKAA Sanctions”). Furthermore, a wide range of alleged human rights abuses fall within scope of the Blocking Sanctions, including what is referred to in the Order as the undermining of Hong Kong’s democratic processes, peace or stability, the violation of the freedoms of expression, assembly and press enjoyed by the citizens of Hong Kong, and other “ gross violations of internationally recognized human rights or serious human rights abuses.” For example, the blocking sanctions pursuant to the Order (the “Blocking Sanctions”) may apply not only to those who are responsible for, or who are involved in, developing or implementing the National Security Law, but also to those who are involved, even indirectly, in the enforcement of the National Security Law via the arresting or imprisoning of individuals. The category of foreign persons that may be so identified is defined liberally in the Order. US persons are prohibited from dealing with the property and interests in property of such foreign persons, who, along with their immediate family, are also subject to visa bans. The Order enables the Secretary of State or the Treasury, in consultation with each other, to identify foreign persons deemed responsible for, or involved in, the development of the National Security Law or actions or policies that violate human rights in Hong Kong. ![]() ![]() The Order builds on and implements provisions of the HKAA, as well as the Hong Kong Human Rights and Democracy Act of 2019. For more information on the HKAA, please see our previous article. We explain the key provisions of the Order in further detail below. On August 7, 2020, the US Department of the Treasury imposed sanctions on 11 individuals pursuant to the Order. Together with the Hong Kong Autonomy Act 2020 (the “HKAA”), enacted on the same day, the Order is a response to the National Security Law and the latest in a series of recent actions targeting China. On July 14, 2020, US President Donald Trump issued Executive Order 13936 (the “Order”), which authorizes the imposition of sanctions on additional persons determined to be involved in China’s new national security law (the “National Security Law”) and revokes Hong Kong’s preferential trade treatment. ![]()
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