Reciprocal Access to Tibet Act

Floor Speech

Mr. McGOVERN. Mr. Speaker, today, I rise to introduce the Reciprocal Access to Tibet Act, H.R. 4851. This bipartisan bill promotes access to Tibetan areas of China for U.S. officials, journalists, and average citizens. Currently, travel restrictions on Tibet are more severe than for any other provincial-level entity of China.

These restrictions have negative consequences for both U.S. citizens and Tibetans. After an October 2013 bus crash with Americans on board, U.S. consular officers faced prolonged delays in obtaining access to Tibet, hindering their ability to serve Americans in distress; and restricted access to Tibet leaves Tibetans in virtual isolation from the world community, limiting international exchange and the ability to objectively assess the human rights situation there.

These restrictions are not reciprocal to the access that Chinese visitors generally enjoy in the U.S. As reciprocity is the basis for diplomacy, this bill renders inadmissible to the U.S. Chinese officials who design and implement these restrictions.

I urge my colleagues to join Congressman Pitts and me in promoting freer access to Tibet.

Reciprocal Access to Tibet Act of 2014

Purpose: To promote the freedom to travel by U.S. diplomats, journalists, and citizens in Tibetan areas of the People's Republic of China.

What it does: Prohibits visa access to the United States to Chinese officials in `senior leadership positions' from provinces with Tibetan populations, and others, if the Chinese government allows less U.S. access to Tibetan areas than it gives to non-Tibetan areas of the People's Republic of China (PRC).

How it works:

1. Report on access and leaders. The State Department is required to give Congress a report on (a) the level of access granted by Chinese authorities to U.S. diplomats, journalists, and tourists to Tibetan areas in the PRC, including a comparison with non-Tibetan areas, and (b) a list of `senior leadership positions' in Tibetan areas, including at the provincial level and some at the national level.

2. Visa ban. Chinese officials are not eligible for visa entry to the U.S., as follows--

`Senior leaders' from the Tibet Autonomous Region, if the Tibet Tourism Bureau permit has not been revoked;

`Senior leaders' from Sichuan, Qinghai, Yunnan and Gansu, if level of U.S. access to Tibetan areas in these provinces is more restricted than U.S. access to non-Tibetan areas;

`Senior leaders' at the regional and national level, if Tibet Tourism Bureau permit has not been revoked and if U.S. access to Tibetan areas in the four provinces is more restricted than U.S. access to non-Tibetan areas.

National interest waiver. The bill allows the Secretary of State to waive the prohibition if determined to be in the national interest.

Definitions. The report defines Tibetan areas as the Tibet Autonomous Region and the jurisdictions within the provinces of Sichuan, Qinghai, Yunnan and Gansu designated as autonomous for Tibetans. It provides definitions for `senior leadership positions' at the county, prefecture, provincial, and national level.

Non-binding language on visa reciprocity. Expresses Sense of the House that the Secretary should take into account the level of access granted to Tibetan areas when

Fact Sheet: Access to Tibet by Americans

WHAT CHINA SAYS: TIBET IS OPEN TO FOREIGNERS

The government of China sees tourism as a pillar of Tibet's economy. Chinese officials have said that Tibet is open to foreign visitors:

``[I]f a foreign official, reporter or scholar wants to go to Tibet as an individual to increase his or her understanding of the Tibetan people and their culture, we will welcome them.''--Zhu Weiqun, executive vice minister of the United Front Work Department, 2012. 1

``Many foreigners, including reporters, have traveled to Tibet for work, tours and interviews. I believe we'll see more foreigners coming to Tibet as the region develops and conditions improve constantly.''--Padma Trinley, chairman of the Tibet Autonomous Region legislature, 2013. 2

``We hope that (people) from all fields within the country and outside go to Tibet often to look around, study and travel, but as to some other aspects, we are not that welcoming.''--Qiangba Puncog, former chairman of the Tibet Autonomous Region legislature. 3

WHAT CHINA DOES: RESTRICT ACCESS TO TIBET BY FOREIGNERS

In reality, American tourists, diplomats and journalists still face many barriers to get into Tibet. All foreigners are required to get a special permit to enter the Tibet Autonomous Region (TAR)--a permit that is not required for any other provincial-level entity of the People's Republic of China. Travel to Tibetan areas outside the TAR is also tightly controlled.

Restrictions on U.S. tourists
American tourists are required to obtain the `Tibetan Tourist Permit' to enter the TAR. The permits can only be obtained through a Chinese government-run or -approved travel agency. In some cases, and depending on the area in Tibet one wants to visit, additional permits such as the ``Tibet Group Visa'', ``Alien's Travel Permit'' and ``Military Permit'' are required. 4

The State Department advises American travelers that ``permits are not always granted'' and that at ``certain times the PRC may not allow foreigners to enter an area it deems restricted.'' 5 It adds that the ``TAR remains a sensitive area for travel, and even when travel to Tibet is allowed, usually only Lhasa and part of Shan Nan are open to foreigners.'' 6

During certain times, the Chinese government closes off the entire TAR to foreign tourists for months, often with no warning. 7 Usually such closures coincide with what the Chinese government claims are ``sensitive periods'' such as during March, the anniversary of the Tibetan uprising in 1959, 8 or during the time of the Communist Party sessions in Beijing. 9 The Chinese government also imposes arbitrary rules on obtaining the Tibet travel permit. For example in 2012 and 2013 only groups of no less than five people could apply. 10 In 2014, this rule was then said to be no longer in effect, but it was reported that tours to Mount Kailash (a holy mountain and pilgrimage site for Hindus, Jains and Buddhists) and far western Tibet were not permitted at all after May 23, 2014. 11

Restrictions on U.S. journalists
American journalists have difficulty reporting from Tibet, and are subject to many of the same restrictions faced by tourists. The Washington Post reported that ``[T]here are more foreign journalists in North Korea than there are in Tibet.'' 12

The State Department has reported that ``[t]he Chinese government severely restricted travel by foreign journalists to Tibetan areas. Additionally, the Chinese government subjected Tibetans who spoke to foreign reporters, attempted to provide information to persons outside the country, ..... to harassment or detention.'' 13 In 2013 a few foreign journalists could get into Tibet only because they accepted a government-sponsored tour which made any independent reporting difficult. The State Department quotes Australian Journalist Rowan Callick saying, ``I had accepted an invitation from the State Council Information Office--the media arm of China's cabinet--to visit Tibet, since there is no other way in which journalists can enter without subterfuge.'' 14 During a February 2014 visit to China, Secretary of State John Kerry urged China's leaders to allow journalists, diplomats, and other observers unrestricted access to China's Tibetan areas. 15

Restrictions on U.S. diplomats
Diplomats face similar restrictions on access to Tibetan areas, limiting their ability to do reporting, monitoring and consular work. The State Department reported that its officials submitted more than 16 requests for diplomatic access to the TAR between May 2011 and November 2013, but only two were granted. Its report added, ``The Chinese government ..... repeatedly prevented foreign diplomatic personnel from visiting Tibetan areas outside the TAR for which permission was not officially required.'' 16

The Department also reported ``foreign diplomats who legally traveled in Tibetan areas outside the TAR ..... were repeatedly approached by local police and sometimes forced to leave without reasonable explanation.'' 17

The Chinese government has permitted two visits by two U.S. Ambassadors to Lhasa in recent years--by Ambassador Gary Locke in 2013 and Ambassador Jon Huntsman in 2010. Each was a three-day, government-organized trip, which was highly controlled, 18 and they did not visit areas in the TAR outside of Lhasa. On his visit, Ambassador Locke urged Beijing to open up Tibet to foreign diplomats, journalists and tourists. 19

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