On July 14, 2020, President Trump signed into law the Hong Kong Autonomy Act  (“HKAA”) providing for the imposition of sanctions on foreign persons who materially contribute to the undermining of Hong Kong’s autonomy by the Government of the People’s Republic of China (PRC) and foreign financial institutions who engage in significant transactions with such foreign persons.  During a press conference announcing the signing of the HKAA, President Trump also indicated that he had signed an Executive Order ending Hong Kong’s preferential treatment under the United States-Hong Kong Policy Act of 1992.

The HKAA is part of the US response to the new national security law imposed on Hong Kong by the PRC.   The passage of the HKAA follows US Secretary of State Pompeo’s certification to Congress in May 2020, that Hong Kong is no longer sufficiently autonomous from the PRC to warrant its preferential treatment.  For detailed information on these developments, please see our prior blog posts here and here.

To read the rest of this article by Terence Gilroy, Inessa Owens and Andrea Tovar, please go to our Sanctions blog here.  The rest of the article discusses:

  • Who Does the HKAA target?
  • What Sanctions Can Be Imposed Under the HKAA?
  • What Are the Likely Impacts of the HKAA?

Author

Terry Gilroy is a partner in the New York office of Baker McKenzie and a member of the Investigations Compliance and Ethics Practice Group. Prior to joining the Firm in 2018, Terry served as Americas Head of the Financial Crime Legal function at Barclays. Terry advises businesses and individuals on white collar and financial crime issues and has significant experience conducting investigations relating to compliance with the US Foreign Corrupt Practices Act (FCPA) and related bribery and corruption statutes, economic sanctions regulations as administered by the US Department of the Treasury's Office of Foreign Assets Control (OFAC), and the Bank Secrecy Act and related anti-money laundering (AML) regulations and statutes. Terry spent six years on active duty in the United States Army as a Field Artillery officer.

Author

Author

Andrea Tovar regularly advises multinational companies on cross-border commercial transactions and complex privacy and international trade matters. Andrea is also a member of the Firm’s Technology, Media & Telecoms Global Industry Group and Co-Chairs the North America Baker Unidos Affinity Group.