Sec. 4. Imposition of sanctions with respect to economic or industrial espionage by foreign adversary entities
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On and after the date that is 30 days after the date of the enactment of this Act, the President
(a)may impose the sanctions described in subsection
(c)against any of the foreign persons described in subsection (b). A foreign person is described in this subsection if the President determines on or after the date of the enactment of this Act that the person is a foreign adversary entity that knowingly engages in— economic or industrial espionage with respect to trade secrets or proprietary information owned by United States persons; the provision of material support or services to a foreign adversaries’ military, intelligence, or other national security entities; or the violation of United States export control laws. The sanctions that may be imposed with respect to a foreign person under subsection
(b)are the following: The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. An alien described in subsection
(b)is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). An alien described in subsection
(b)is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. A revocation under clause
(i)shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien’s possession. Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. Sanctions under subsection (c)(2) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with— the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States; or other applicable international obligations. Sanctions under subsection (c)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to carry out or assist law enforcement activity in the United States. The President may waive the application of sanctions under this section with respect to a foreign person for renewable periods of not more than 180 days each if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that such a waiver is in the national security interests of the United States. The President may exercise the 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 the extent necessary to carry out this section. A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection
(a)or any regulation, license, or order issued to carry out that subsection 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 President shall establish procedures and guidelines for the implementation and enforcement of sanctions imposed under this section. Unless the exception in subparagraph
(B)applies, not later than one year after the date of the enactment of this Act, and for each of the 5 years thereafter, the President shall submit to the appropriate congressional committees a report on any notable developments regarding economic or industrial espionage activities by foreign persons. The President shall not be required to submit the annual report described by subparagraph
(A)if the President has imposed sanctions as authorized under this section within the previous calendar year. For purposes of this section, a transaction shall not be construed to include participation in an international standards-setting body or the activities of such a body.
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Sec. 4
Imposition of sanctions with respect to economic or industrial espionage by foreign adversary entities
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