Breaking‼️
美東時間1月5日傍晚,川普以國家安全為由,用行政命令方式禁止阿里支付寶、微信支付、QQ錢包在內的8款中國應用程式(App)。
行政命令發佈後45天,禁止任何人與實體與這8款中國應用程式(App)進行交易。
按照日程,美國下任政府將在15天後,1月20日上任。
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美國商務部長在同一時間發聲明表示,已指示商務部按行政命令執行禁令,「支持川普總統保護美國人民隱私與安全,免於受到中國共產黨的威脅。」
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▫️8款App:
支付寶(Alipay)、掃描全能王(CamScanner)、QQ錢包(QQ Wallet)、茄子快傳(SHAREit)、騰訊QQ(Tencent QQ)、阿里巴巴旗下海外短視頻應用VMate、微信支付(WeChat Pay)和辦公型App WPS Office。
圖三:美國商務部聲明
圖四:美國國安顧問聲明
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▫️白宮行政命令全文:
The White House
Office of the Press Secretary
FOR IMMEDIATE RELEASE
January 5, 2021
EXECUTIVE ORDER
- - - - - - -
ADDRESSING THE THREAT POSED BY APPLICATIONS AND OTHER SOFTWARE DEVELOPED OR CONTROLLED BY CHINESE COMPANIES
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). Specifically, the pace and pervasiveness of the spread in the United States of certain connected mobile and desktop applications and other software developed or controlled by persons in the People's Republic of China, to include Hong Kong and Macau (China), continue to threaten the national security, foreign policy, and economy of the United States. At this time, action must be taken to address the threat posed by these Chinese connected software applications.
By accessing personal electronic devices such as smartphones, tablets, and computers, Chinese connected software applications can access and capture vast swaths of information from users, including sensitive personally identifiable information and private information. This data collection threatens to provide the Government of the People's Republic of China (PRC) and the Chinese Communist Party (CCP) with access to Americans' personal and proprietary information -- which would permit China to track the locations of Federal employees and contractors, and build dossiers of personal information.
The continuing activity of the PRC and the CCP to steal or otherwise obtain United States persons' data makes clear that there is an intent to use bulk data collection to advance China's economic and national security agenda. For example, the 2014 cyber intrusions of the Office of Personnel Management of security clearance records of more than 21 million people were orchestrated by Chinese agents. In 2015, a Chinese hacking group breached the United States health insurance company Anthem, affecting more than 78 million Americans. And the Department of Justice indicted members of the Chinese military for the 2017 Equifax cyber intrusion that compromised the personal information of almost half of all Americans.
In light of these risks, many executive departments and agencies (agencies) have prohibited the use of Chinese connected software applications and other dangerous software on Federal Government computers and mobile phones. These prohibitions, however, are not enough given the nature of the threat from Chinese connected software applications. In fact, the Government of India has banned the use of more than 200 Chinese connected software applications throughout the country; in a statement, India's Ministry of Electronics and Information Technology asserted that the applications were "stealing and surreptitiously transmitting users' data in an unauthorized manner to servers which have locations outside India."
The United States has assessed that a number of Chinese connected software applications automatically capture vast swaths of information from millions of users in the United States, including sensitive personally identifiable information and private information, which would allow the PRC and CCP access to Americans' personal and proprietary information.
The United States must take aggressive action against those who develop or control Chinese connected software applications to protect our national security.
Accordingly, I hereby order:
Section 1. (a) The following actions shall be prohibited beginning 45 days after the date of this order, to the extent permitted under applicable law: any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with persons that develop or control the following Chinese connected software applications, or with their subsidiaries, as those transactions and persons are identified by the Secretary of Commerce (Secretary) under subsection (e) of this section: Alipay, CamScanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay, and WPS Office.
(b) The Secretary is directed to continue to evaluate Chinese connected software applications that may pose an unacceptable risk to the national security, foreign policy, or economy of the United States, and to take appropriate action in accordance with Executive Order 13873.
(c) Not later than 45 days after the date of this order, the Secretary, in consultation with the Attorney General and the Director of National Intelligence, shall provide a report to the Assistant to the President for National Security Affairs with recommendations to prevent the sale or transfer of United States user data to, or access of such data by, foreign adversaries, including through the establishment of regulations and policies to identify, control, and license the export of such data.
(d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order.
(e) Not earlier than 45 days after the date of this order, the Secretary shall identify the transactions and persons that develop or control the Chinese connected software applications subject to subsection (a) of this section.
Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term "connected software application" means software, a software program, or group of software programs, designed to be used by an end user on an end-point computing device and designed to collect, process, or transmit data via the Internet as an integral part of its functionality.
(b) the term "entity" means a government or instrumentality of such government, partnership, association, trust, joint venture, corporation, group, subgroup, or other organization, including an international organization;
(c) the term "person" means an individual or entity;
(d) the term "personally identifiable information" (PII) is information that, when used alone or with other relevant data, can identify an individual. PII may contain direct identifiers (e.g., passport information) that can identify a person uniquely, or quasi-identifiers (e.g., race) that can be combined with other quasi-identifiers (e.g., date of birth) to successfully recognize an individual.
(e) the term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
Sec. 4. (a) The Secretary, in consultation with the Secretary of the Treasury and the Attorney General, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA, as may be necessary to implement this order. All agencies shall take all appropriate measures within their authority to implement this order.
(b) The heads of agencies shall provide, in their discretion and to the extent permitted by law, such resources, information, and assistance to the Department of Commerce as required to implement this order, including the assignment of staff to the Department of Commerce to perform the duties described in this order.
Sec. 5. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other persons or circumstances shall not be affected thereby.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 5, 2021.
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美帝商務部好貼心呀!
為咗Pompeo個「一張廢紙」報告嗰幾個關鍵字"foreign financial institution"、"significant transactions" 同 "knowing"出Q&A喎!
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買賣車、買機票、訂旅行團、出電話plan,都好似有啲嘢咁囉,因為剩係"institutions"都A-Z包含26類,仲要係「你應該知」就係知,大契雙眼就係證據。
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U.S. Department of The Treasury原文:
Publication of FAQs related to a report pursuant to section 5(a) of the Hong Kong Autonomy Act; Hong Kong-related Designation Updates
https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20201014
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hong kong policy act report 在 黃之鋒 Joshua Wong Facebook 的精選貼文
【時代雜誌投稿 —— 黃之鋒 x 鄺頌晴:Hong Kong Cannot Prosper Without Autonomy】
https://time.com/5844588/joshua-wong-hong-kong-cannot-prosper-without-autonomy/
By passing the resolution to develop legislation to “safeguard national security” in Hong Kong in its rubber stamp parliament, Beijing initiated “political mutual destruction” for itself and Hong Kong. Beijing’s plan to rein in Hong Kong—defying a worldwide outcry—is revenge on the democratic movement in Hong Kong which has been protesting since March 2019. It is also retaliation against the U.S. for passing the Hong Kong Human Rights and Democracy Act 2019.
On 27 May, U.S. Secretary of State Mike Pompeo issued a statement certifying that Hong Kong no longer warrants differential treatment under U.S. law. At the same time declaring, “No reasonable person can assert today that Hong Kong maintains a high degree of autonomy from China, given facts on the ground.” He also filed a report to the Congress, in accordance with the Act, grounding from the fact that Beijing assert its right to interpret all laws in Hong Kong in November 2019; the Liaison Office’s claims that it was exempted from Article 22 of the Basic Law in April 2020; and the national security law announced last week. He further added that the deployment of tear gas and the mass arrests and the dispatching of the People’s Armed Police into Hong Kong, all constituted a violation of the Basic Law and the Sino-British Joint Declaration. President Donald Trump will later have to invoke the U.S.-Hong Kong Policy Act of 1992 to respond with appropriate measures, possible approaches range from economic relations, to restrictions on immigration to cultural and educational exchanges.
The U.S. response to the events over the last year signifies that it has shifted from an appeasing “change for trade” to an unyielding foreign policy towards China. From the 1980s, the free world had been hoping China would liberalize and democratize itself as trade rapidly grew between it and the world. It was a false belief that opening up the Chinese market would lead to opening up of the Chinese mindset. However, such optimism has proved to be in vain.
The special arrangement under which the U.S. treats Hong Kong differently from China on politics, trade, commerce, and other areas, stems from Hong Kong maintaining sufficient autonomy. As a holdover from its time as a British Colony, Hong Kong has a different legal and economic system. Now as Beijing tightens its grip over the city, depriving Hong Kong of its last little bit of freedom and autonomy, the basis of that special agreement is compromised. Therefore the U.S. has every right to change its policy towards Hong Kong, regardless of Beijing’s snarling about “foreign intervention” and its attempts to use Hong Kong as a bargaining chip.
Beijing has long taken advantage of Hong Kong to gain access to foreign capital and other state-of-the-art technology products. Hong Kong, enjoying special legal treatments, is the favourite channel for mainland Chinese to ship funds offshore in defiance of Beijing’s control on cross-border capital flows, taxation and corruption inspections. Distrusting their own currency, many Chinese find the Hong Kong Dollar, which is linked to the U.S. Dollar, to be more reliable. Chinese companies have swarmed into Hong Kong, pretending to be “Hong Kong companies,” amid the Sino-American trade war. Leaders in Beijing continue to reap the benefits of this arrangement while the freedoms of Hong Kongers deteriorate.
Hong Kong has long proven its strategic role in the China-U.S. dynamics. The city can be used as a loophole against the free world if the special status remains unchanged while the city is totally subject to authoritative China. The act of inserting this new national security law in a top-down manner now risks all the benefits Beijing could and did exploit, but it is all of Beijing’s own doing. Beijing is dragging Hong Kong into a “political mutual destruction” that will costs us a high price, yet the hit is necessary.
As Hong Kong loses its special status, Beijing will lose its trump card against the free world. In response to American pressure, Beijing’s short-term reaction will be more forceful. It will further crack down on the political protest movement— targeting activists, electoral candidates and legislators who have participated in international advocacy. Yet, China’s economy will be hindered in the long run, even though China will surely pretend that it is “business as usual.” It remains to be seen how severe Washington’s measure regarding Hong Kong will be, but the global repercussions facing China in the aftermaths of the pandemic will also have a serious impact on its economy.
The U.S. termination of the city’s special status is aimed at stopped Beijing’s rogue behaviour and encouraging it to reverse course on Hong Kong. The prosperity of Hong Kong is based on its autonomy, not Beijing’s dictatorship. Beijing’s decision will drive our city into dire straits in all aspects—the stock market may plunge, unemployment numbers may rise and foreign businesses may flee. But at the same time we must acknowledge there is no room for a prosperous Hong Kong without adequate amount of freedom and human rights protection.
#國際戰線 #眾志國際連結
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反國安法外媒投稿:
英國獨立報 ft. Amon Yiu:China’s new security law will be the death of liberty in Hong Kong – that’s why thousands have hit the streets:https://www.independent.co.uk/voices/hong-kong-protests-china-security-law-joshua-wong
美國華盛頓郵報 ft. Glacier Kwong:This is the final nail in the coffin for Hong Kong’s autonomy:https://www.washingtonpost.com/opinions/2020/05/24/this-is-final-nail-coffin-hong-kongs-autonomy/
hong kong policy act report 在 One year of China's Hong Kong Security Law | DW News 的美食出口停車場
Global rights group Amnesty International sharply criticized the national security law the Chinese government imposed on Hong Kong one year ... ... <看更多>