S. 3655 — Hong Kong Economic and Trade Office (HKETO) Certification Act

This section requires the Secretary of State, not later than 30 days after enactment and as part of each certification under section 205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5725(a)(1)(A)), to determine whether the Hong Kong Economic and Trade Offices (HKETOs)—Hong Kong's official economic and trade missions in the United States—merit continued extension of privileges, exemptions, and immunities under current law (22 U.S.C. 288k, which applies International Organizations Immunities Act provisions to HKETOs). The determination must include a detailed report, potentially addressing U.S. national security interests. If the Secretary determines HKETOs no longer merit such treatment, the offices must terminate operations within 180 days after delivery of the determination to the appropriate congressional committees. If the Secretary determines they merit continued treatment, operations may proceed for one year following the certification or until the next certification, unless Congress enacts a disapproval resolution under expedited procedures—including committee discharge after 10 legislative days, guaranteed floor consideration in the Senate, and 10-hour debate limit on veto messages.

This section prohibits an entity of the U.S. government from entering into an agreement or partnership with the Hong Kong Economic and Trade Offices (HKETOs)—Hong Kong's official economic and trade missions in the United States—to promote tourism, culture, business, or other matters relating to Hong Kong on or after the date of enactment unless (1) the Secretary of State has submitted to the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs a determination under section 2(a)(1)(A) that the HKETOs merit extension of certain privileges, exemptions, and immunities; (2) a disapproval resolution under section 2(d) is not enacted during the 90-day period following submission of that determination; and (3) the agreement or partnership does not promote efforts by the government of the Hong Kong Special Administrative Region or the government of the People's Republic of China to justify dismantling Hong Kong's autonomy and freedoms guaranteed by the Sino-British Joint Declaration of 1984 or to portray either government as protecting the rule of law or human rights and civil liberties in Hong Kong.

This section establishes U.S. policy on promotion of the autonomy of the Hong Kong Special Administrative Region (HKSAR), conditioned on the Secretary of State's annual certification under the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5725(a)(1)) that Hong Kong does not warrant treatment under U.S. law in the same manner as before July 1, 1997. The policy directs U.S. government entities (1) not to knowingly assist in promoting Hong Kong or the HKSAR government as free, autonomous, or committed to human rights and rule of law while that determination persists; (2) to recognize such promotion as propaganda advancing the People's Republic of China's efforts to dismantle rights guaranteed by the International Covenant on Civil and Political Rights and Sino-British Joint Declaration; (3) not to engage in or assist People's Republic of China propaganda regarding Hong Kong; and (4) to engage the HKSAR government seeking release of political prisoners, an end to arbitrary detentions, resumption of a free press and fair elections open to all candidates, and restoration of an independent judiciary.