Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People’s Republic of China
Record date: 2020-06-04
Proclamation 10043 of May 29, 2020 Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China A Proclamation The People's Republic of China (PRC) is engaged in a wide-ranging and heavily resourced campaign to acquire sensitive United States technologies and intellectual property, in part to bolster the modernization and capability of its military, the People's Liberation Army (PLA). The PRC's acquisition of sensitive United States technologies and intellectual property to modernize its military is a threat to our Nation's long-term economic vitality and the
What this record contains
- Federal Register document
- 2020-12217
- Publication date
- 2020-06-04
- Citation
- 85 FR 34353
- Issuing office
- Executive Office of the President
Official record excerpt
Proclamation 10043 of May 29, 2020 Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China A Proclamation The People's Republic of China (PRC) is engaged in a wide-ranging and heavily resourced campaign to acquire sensitive United States technologies and intellectual property, in part to bolster the modernization and capability of its military, the People's Liberation Army (PLA). The PRC's acquisition of sensitive United States technologies and intellectual property to modernize its military is a threat to our Nation's long-term economic vitality and the safety and security of the American people. The PRC authorities use some Chinese students, mostly post-graduate students and post-doctorate researchers, to operate as non-traditional collectors of intellectual property. Thus, students or researchers from the PRC studying or researching beyond the undergraduate level who are or have been associated with the PLA are at high risk of being exploited or co-opted by the PRC authorities and provide particular cause for concern. In light of the above, I have determined that the entry of certain nationals of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States would be detrimental to the interests of the United States. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a) , and section 301 of title 3, United States Code , hereby find that the unrestricted entry into the United States as nonimmigrants of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1 . Suspension and Limitation on Entry. The entry into the United States as a nonimmigrant of any national of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States, except for a student seeking to pursue undergraduate study, and who either receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of, or has been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC's “military-civil fusion strategy” is hereby suspended and limited subject to section 2 of this proclamation. For the purposes of this proclamation, the term “military-civil fusion strategy” means actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC's military capabilities. Sec. 2 . Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States; ( printed page 34354) (ii) any alien who is the spouse of a United States citizen or lawful permanent resident; (iii) any alien who is a member of the United States Armed Forces and any alien who is a spouse or child of a member of the United States Armed Forces; (iv) any alien whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who would otherwise be allowed entry into the United States pursuant to United States obligations under applicable international agreements; (v) any alien who is studying or conducting research in a field involving information that would not contribute to the PRC's military-civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security, in consultation with the appropriate executive departments and agencies (agencies); (vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or (vii) any alien whose entry would be in the national
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