Sec. 3. Additional prohibitions relating to foreign boycotts under Export Control Reform Act of 2018
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Section 1772 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4841 ) is amended— by amending paragraph
(1)to read as follows: to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries or international governmental organizations, or efforts by foreign countries or international governmental organizations to collect information that have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by foreign countries or international governmental organizations, against other countries friendly to the United States or against any United States person; ; and in paragraph (2), by inserting or international governmental organization after any foreign country . Section 1773 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4842 ) is amended— in subsection (a)— in paragraph (1)— in the matter preceding subparagraph (A)— by striking United States person and inserting covered person ; and by inserting after foreign country the following: or an international governmental organization, or efforts by a foreign country or international governmental organization to collect information that have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by a foreign country or international governmental organization, ; in subparagraph (A), by inserting or international governmental organization (as the case may be) after of the boycotting country ; in subparagraph (D)— by inserting
(i)after
(D); by inserting or with the international governmental organization (as the case may be) after in the boycotting country ; and by striking the last sentence and inserting the following: Furnishing information to a foreign country or international governmental organization in response to efforts by a foreign country or international governmental organization to collect information that have the effect of furthering or supporting a restrictive trade practice or boycott fostered or imposed by a foreign country or international governmental organization. Such information includes information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply)— with or in the country to which the restrictive trade practice or boycott applies; with any business concern organized under the laws of that country; with any national or resident of that country; or with any other person which is known or believed to be restricted from having any business relationship with or in a foreign country, or with an international governmental organization, that fosters or imposes the restrictive trade practice or boycott. Nothing in this paragraph shall prohibit the furnishing of normal business information in a commercial context as defined by the Secretary. ; and in subparagraph (F), by striking United States person and inserting covered person ; and in paragraph (2)(F), by striking United States person and inserting covered person ; and in paragraph (5), by striking United States person and inserting covered person ; in subsection (c), by inserting or international governmental organizations against other countries, or regarding efforts by foreign countries or international governmental organizations to collect information that have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by foreign countries or international governmental organizations after foreign countries ; and by adding at the end the following: In this section, the term covered person means— any domestic concern (including any permanent domestic establishment of any foreign concern); any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President; the government of the United States or any State, territory, or possession of the United States, or any subdivision, department, agency, or commission of any such government; or an individual who is— a United States resident or national (other than such an individual residing outside the United States and employed by other than a United States person); an owner, officer, director, employee, or agent of a domestic concern described in subparagraph
(A)or a foreign subsidiary or affiliate described in subparagraph
(B)or an officer, director, employee, or agent of an entity described in subparagraph (C); and acting in the individual’s official capacity as such an owner, officer, director, employee, or agent. For purposes of paragraph (1), the term domestic concern does not include an individual. . 1773(a) Section 1774 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4843 ) is amended— in subsection (a), by striking A person and inserting Except as provided in subsection (e), a person ; and by adding at the end the following: 1773(a) Whoever knowingly violates or conspires to or attempts to violate a regulation issued under section 1773(a) prohibiting an action described in paragraph
(2)shall be subject to only a monetary penalty under subsection
(a)or (b). An action described in this paragraph is any action described in subparagraphs
(A)through
(F)of section 1773(a)(1) taken by a covered person (as defined in section 1773(d)), or knowingly agreed to be taken by such a person, with respect to the person's activities in the interstate or foreign commerce of the United States, with the intent to comply with, further, or support— any boycott fostered or imposed by an international governmental organization against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation; or efforts by a foreign country or international governmental organization to collect information that have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by a foreign country or international governmental organization against a country described in subparagraph (A). . Part II of the Export Control Reform Act of 2018 is amended by adding at the end the following: In this part: The term international governmental organization includes— the United Nations, including organizations within the United Nations such as the United Nations Human Rights Council; and the European Union. The term efforts by a foreign country or international governmental organization to collect information that have the effect of furthering or supporting a restrictive trade practice or boycott fostered or imposed by a foreign country or international governmental organization includes efforts by the United Nations Human Rights Council to collect information for the establishment of a database of entities that operate, or have business relations with entities that operate, beyond Israel’s 1949 Armistice lines, including East Jerusalem. . The amendments made by this section shall take effect on the date of the enactment of this Act and apply with respect to actions described in section 1773(a) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4842(a) ) taken or knowingly agreed to be taken on or after such date of enactment.
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Sec. 3
Additional prohibitions relating to foreign boycotts under Export Control Reform Act of 2018
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