Sec. 204. Review of petitions related to intellectual property theft and forced technology transfer
1,789 words·~8 min read·
/bill/116/s/4272/is/section-204·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate ; the Committee on Banking, Housing, and Urban Affairs of the Senate ; the Committee on Commerce, Science, and Transportation of the Senate ; the Committee on the Judiciary of the Senate ; the Committee on Foreign Affairs of the House of Representatives ; the Committee on Financial Services of the House of Representatives ; the Committee on Energy and Commerce of the House of Representatives ; and the Committee on the Judiciary of the House of Representatives .
The term Committee means the committee established or designated under subsection (b). The term foreign person means a person that is not a United States person. The term intellectual property means— any work protected by a copyright under title 17, United States Code; any property protected by a patent granted by the United States Patent and Trademark Office under title 35, United States Code; any word, name, symbol, or device, or any combination thereof, that is registered as a trademark with the United States Patent and Trademark Office under the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Lanham Act or the Trademark Act of 1946 ) ( 15 U.S.C. 1051 et seq.); a trade secret (as defined in section 1839 of title 18, United States Code); or any other form of intellectual property.
The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; or an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. The President shall— establish a multi-agency committee to carry out this section; or designate an existing multi-agency committee within the executive branch to carry out this section if the President determines that the existing committee has the relevant expertise and personnel to carry out this section.
The Committee shall be comprised of the following officials (or, subject to paragraph (3), a designee of any such official): The Secretary of the Treasury. The Secretary of Commerce. The Secretary of State. The Attorney General. The Director of National Intelligence. The heads of such other agencies as the President determines appropriate, generally or on a case-by-case basis. An official specified in paragraph
(2)may select a designee to serve on the Committee from among individuals serving in positions appointed by the President by and with the advice and consent of the Senate. The President shall appoint a chairperson and a vice chairperson of the Committee from among the members of the Committee. A United States person described in paragraph
(3)may submit a petition to the Committee requesting that the Committee— review, under subsection (d), a significant act or series of acts described in paragraph
(2)committed by a foreign person; and refer the matter to the President with a recommendation to impose sanctions under subsection
(e)to address any threat to the national security of the United States posed by the significant act or series of acts. A significant act or series of acts described in this paragraph is a significant act or series of acts of— theft of intellectual property of a United States person; or forced transfer of technology that is the intellectual property of a United States person. A United States person is described in this paragraph if— a court of competent jurisdiction in the United States has rendered a final judgment in favor of the United States person that— the foreign person identified in the petition submitted under paragraph
(1)committed the significant act or series of acts identified in the petition; the United States person is the owner of the intellectual property identified in the petition; and the foreign person is using that intellectual property without the permission of the United States person; and the United States person can provide clear and convincing evidence to the Committee that the value of the economic loss to the United States person resulting from the significant act or series of acts exceeds $10,000,000. Upon receiving a petition under subsection (c), the Committee shall conduct a review of the petition in order to determine whether the imposition of sanctions under subsection
(e)is necessary and appropriate to address any threat to the national security of the United States posed by the significant act or series of acts identified in the petition. After conducting a review under paragraph
(1)of a petition submitted under subsection (c), the Committee may take no action, dismiss the petition, or refer the petition to the President with a recommendation with respect to whether to impose sanctions under subsection (e). The President may impose the sanctions described in paragraph
(3)with respect to a foreign person identified in a petition submitted under subsection
(c)if the President determines that imposing such sanctions is necessary and appropriate to address any threat to the national security of the United States posed by the significant act or series of acts identified in the petition. Not later than 30 days after the Committee refers a petition to the President with a recommendation under subsection (d)(2), the President shall submit to the appropriate congressional committees a notice of the determination of the President under paragraph
(1)with respect to whether or not to impose sanctions described in paragraph
(3)with respect to each foreign person identified in the petition. Each notice required under this paragraph shall be submitted in unclassified form, but may include a classified annex. The sanctions that may be imposed under paragraph
(1)with respect to a foreign person identified in a petition submitted under subsection
(c)are the following: The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under— the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.); the Arms Export Control Act ( 22 U.S.C. 2751 et seq.); the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.); or any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. The President may prohibit any United States financial institution from making loans or providing credits to the person totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the person. The following prohibitions may be imposed against the person if the person is a financial institution: Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments. The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The President may prohibit the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the person. The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the person has any interest. The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the person. The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the person identified in the petition has any interest; dealing in or exercising any right, power, or privilege with respect to such property; or conducting any transaction involving such property. The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the person. The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the person. The President may impose on the principal executive officer or officers of the person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in this paragraph. The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection
(a)of that section. The Committee shall protect from disclosure any proprietary information submitted by a United States person and marked as business confidential information, unless the person submitting the information— had notice, at the time of submission, that the information would be released by the Committee; or subsequently consents to the release of the information. Proprietary information submitted by a United States person under this section shall be— considered to be trade secrets and commercial or financial information (as defined under section 552(b)(4) of title 5, United States Code); exempt from disclosure without the express approval of the person. The President may prescribe such licenses, orders, and regulations as are necessary to carry out this section, including with respect to the process by which United States persons may submit petitions under subsection (c).
Connectionstraces to 6
Traces to 6 documents
Citation graph
cites case law
Sec. 204
Review of petitions related to intellectual property theft and forced technology transfer
Cites 6Cited by 0 across 0 sources