U.S. Lets Hong Kong Emergency Declaration Expire — But Core Trade Sanctions Remain

OFAC announced the expiration and simultaneously updated its Hong Kong-related sanctions list, removing designations tied solely to E.O. 13936 while affirming that separate statutory sanctions remained in full effect .

Which sanctions were lifted

The expiration removed sanctions on nine individuals — a mix of Hong Kong and mainland Chinese officials . Among those delisted were Hong Kong Secretary for Justice Paul Lam Ting-kwok, Hong Kong National Security Department Chief Sonny Au, and two former Hong Kong Police Commissioners, Raymond Siu and Stephen Lo . OFAC also removed several entities from its Specially Designated Nationals List that had been designated solely under E.O. 13936 .

Which sanctions remained in place

The expiration did not reverse E.O. 13936's revocation of Hong Kong's special trading status. The Treasury explicitly stated that the expiration "does not repeal or otherwise affect the Hong Kong Human Rights and Democracy Act of 2019 (HKHRDA)" or the Hong Kong Autonomy Act (HKAA) of 2020 . This meant Hong Kong continued to be treated on par with mainland China for U.S. customs purposes, losing its preferential tariff treatment .

Additionally, 39 other individuals — including Hong Kong leader John Lee and former leader Carrie Lam — remained under U.S. sanctions through separate legal authorities . The Ground News report noted that the expiration removed 48 individuals from one sanctions list, but 39 of those were immediately redesignated under the Hong Kong Autonomy Act .

All other Hong Kong-related restrictions imposed under legislation, rather than the executive order, continued unchanged .

U.S. government reaction

The Biden administration framed the non-renewal as a routine expiration of a time-limited emergency declaration, not a policy reversal. Officials stressed that Hong Kong's special trade status remained revoked and that core sanctions under the HKHRDA and other laws were untouched . The decision followed recent U.S.-China trade talks in Madrid, suggesting it was part of a broader diplomatic calibration .

Chinese government reaction

China's Ministry of Commerce (MOFCOM) was the first to break the news, calling it an "important step in implementing the consensus reached during China-US economic and trade talks in Madrid" . Beijing welcomed the move as a "positive" development in bilateral ties . However, Chinese officials also noted that the limited scope of the change meant Hong Kong's core trading status with the U.S. remained degraded.

Why the practical impact was limited

The practical effect was narrow. The revocation of Hong Kong's special preferential tariff treatment was not reversed, meaning Hong Kong continued to be treated on par with mainland China for U.S. customs purposes . The lifting of sanctions on nine officials was largely symbolic — the vast majority of sanctioned individuals (39) and all major trade restrictions remained in force .

Political observers and legal experts described the move as an "olive branch" aimed at improving diplomatic atmospherics rather than making a substantive change to Hong Kong's trade position . One observer quoted by the South China Morning Post called it a "friendly gesture" that was "significant" but added that little had changed for dozens of others whose sanctions had expired but who were then placed on a different list .

What it means going forward

For businesses and investors monitoring U.S.-Hong Kong trade relations, the key takeaway is that while the national emergency itself is gone, the most consequential sanctions — the loss of preferential tariff treatment and sanctions on 39 individuals — remain firmly in place. The expiration primarily affects a narrow set of sanctions tied to a single executive order, not the broader legislative framework that continues to constrain Hong Kong's trade status with the United States.

Analysts tracking U.S.-China relations will watch whether this limited move signals the potential for further thawing in bilateral ties, or whether it represents the ceiling of what the Biden administration is willing to offer Beijing on Hong Kong policy.