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NOTE: The following report appears in both International Trade Today and Export Compliance Daily.

Hong Kong Bill Passes Unanimously in Senate, Then House Passes It With Just One 'No' Vote

If President Donald Trump signs the bill that passed the Senate unanimously Nov. 19 and passed the House 417-1 on Nov. 20, the secretary of state will have to certify within 180 days whether Hong Kong continues to warrant special treatment under U.S. law because of its special status under Chinese rule. It also requires a report by that date on whether items exported to Hong Kong that are on export controls lists are being transshipped.

However, even if the administration says Hong Kong is no longer autonomous enough to deserve special customs and export controls status, it can recommend that Hong Kong continue to receive those benefits if it says that removing them would be more harmful to Hong Kong's autonomy. The House took up the Senate versions, so there is no need for a conference between the two chambers.

Sen. Marco Rubio, R-Fla., had pushed for a vote on the bill, and he said, “Today, the United States Senate sent a clear message to Hong Kongers fighting for their long-cherished freedoms: we hear you, we continue to stand with you, and we will not stand idly by as Beijing undermines your autonomy." After the House vote, he tweeted that only a signature from the president is needed to make it law. "A powerful moment in which a united, bipartisan coalition made it clear that we #StandWithHongKong," he said.

Another bill, which prohibits exports to Hong Kong police of tear gas, pepper spray, rubber bullets, foam rounds, bean bag rounds, pepper balls, water cannons, handcuffs, shackles, stun guns and tasers, starting in 30 days, also passed with unanimous consent. It passed the House unanimously the next day.

China condemned the Hong Kong Human Rights and Democracy Act by saying through a Foreign Ministry spokesman: “This act neglects facts and truth, applies double standards and blatantly interferes in Hong Kong affairs and China's other internal affairs. ... China will have to take strong countermeasures to defend our national sovereignty, security and development interests if the US insists on making the wrong decisions."