关于Proclamation的分析和疑问

几个重点：


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.
首先主要针对的是undergraduate以上的学历

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.

这段有点模糊 先说的是所有本科学位以上的F/J visa 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.

第一次读 以为是国家赞助的研究 或者和军事有关的F/J visa才ban
但是中间又加个and 难道国家赞助来做研究的是另一种身份进来的？还是说同时满足这两个条件（on F/J visa + receives funding or supports the PRC’s “military-civil fusion strategy”）才ban
military-civil fusion strategy在这里稍微做了一下解释

Section 1 of this proclamation shall not apply to:
这一段讲不适用的人当中写到
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);
所以最后的criteria还没出来 具体条件还是由the Secretary of State and the Secretary of Homeland Security来决定

再看一下Additional Measures：
The Secretary of State shall consider, in the Secretary’s discretion, whether nationals of the PRC currently in the United States pursuant to F or J visas and who otherwise meet the criteria described in section 1 of this proclamation should have their visas revoked pursuant to section 221(i) of the INA, 8 U.S.C. 1201(i).
Secretary of State来决定现在符合条件的在美国的这些学生签证是否被revoke

The Secretary of State and the Secretary of Homeland Security shall, within the scope of their respective authorities and in coordination with the heads of appropriate agencies, take action to further mitigate the risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property.  The Secretary of State and the Secretary of Homeland Security shall report to the President, within 60 days of the effective date of this proclamation, through the Assistant to the President for National Security Affairs, any such planned and executed actions.
Secretary of State 和 Secretary of Homeland Security在行政令发布的60天内作出最后的建议行动

The Secretary of State and the Secretary of Homeland Security shall consider issuing updated regulations and guidance, as appropriate, implementing the inadmissibility provisions in section 212(a)(3)(D) of the INA, 8 U.S.C. 1182(a)(3)(D).
最后regulation和guidance还是由Secretary of DHS决定


所以具体的criteria还是没有颁发。。。

MGen 发表于 2020-5-30 05:16
我觉得关于那个AND其实没啥区别，楼主只引了现在时receives，但后面还有has完成时，而且包括studied at。如 ...

LZ的疑问我在另外个帖子里也贴过，seeking to enter和一串who or who都是any national of the PRC的relative clause，只不过第一个seeking是reducing relative clause后面的who or who是restrictive relative clause，who之间是or的并列关系，所以这个and可以是要求取seeking后面和任意一个who的交集，也可以是seeking和任意一个who的并集，这两种解读cover的人群就不一样了，因为第一种解读限定了F/J，第二种解读对于who or who里面的任意一种condition就没有F/J的限定了。我发给律所研究移民法的美国朋友们看，他们画了半天venn diagram之后也表示这个and有点含糊不清。

MGen 发表于 2020-5-30 05:37
（顺便也回复一下楼主@VeniceBitch ）
我的意思是觉得无论交集并集基本没有区别，唯一的区别就是美本， ...

make sense.，我顺便回去又翻了一下去年伊朗学生被拒绝入境的新闻，其中一些人被CBP告知的理由是就是跟伊朗政府/军队有关联，但是在伊朗所有健康男性是都要服兵役的，因此这个理由也有些牵强，并不能这么就说他们有"关联"吧，所以以此类推如果想要真的不让入境的话帽子随手就可以找一个给你戴上了。
Several deported students said CBP accused them during questioning of concealing connections with the Iranian government they had allegedly established during the two years of military service all men in Iran must complete. Those students said they had fulfilled their military service doing low-level administrative tasks.

Elmi worked in an office that provided housing loans to army personnel. Javad, an incoming University of Pittsburgh student who declined to give his last name out of concern for future visa applications, said he was told by CBP officers at the Boston airport he was being deported because of a sanctions violation relating to his service, even though he had completed his military service filing paperwork in a dentistry office. Another student who declined to be identified said he was deported from Boston after officers found a photo on his phone showing him in military uniform.

白宫网站今天提供了另一篇类似于政策解读的小文章，提及这一政策“在表面上”不会扩大到全体学生。至于范围有多大，不得而知。

President Donald J. Trump Is Protecting America From China’s Efforts To Steal Technology And Intellectual Property

• Today’s actions will not affect students who come to the United States for legitimate reasons.
• Affected students are those who have been employed by or who studied or researched with Chinese entities that support China’s MCF strategy.
  

https://www.whitehouse.gov/brief ... ellectual-property/

是的，没错

供参考：
https://www.state.gov/remarks-an ... on/mcf-and-the-prc/

我觉得关于那个AND其实没啥区别，楼主只引了现在时receives，但后面还有has完成时，而且包括studied at。如果是过去待过就算的话那不就相当于全部非美本么，国内哪个高校还没有点支持中央战略的项目

那个60天说的是further action...是指更近一步的措施

意思就是以后大概率只能来美国读美本了？

LittleQwer 发表于 2020/05/30 05:19:34
那个60天说的是further action...是指更近一步的措施

措施都没颁布呢 是take action to further mitigate 不是further action ....

MGen 发表于 2020/05/30 05:16:05
我觉得关于那个AND其实没啥区别，楼主只引了现在时receives，但后面还有has完成时，而且包括studied at...

我的and 疑问就是 是不是需要满足同时是F/J和国家有关才禁
还是说只要是F/J就禁 感觉这个wording 有点奇怪

那美本的是不是master也没戏了。。