I 

118TH CONGRESS 

1ST SESSION H. R. 1368 

To impose sanctions with respect to the transfer of arms and related materiel 

by the People’s Republic of China to the Russian Federation or the 

evasion or circumvention of United States sanctions or multilateral sanctions by the People’s Republic of China with respect to the Russian 

Federation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2023 

Mr. SCHIFF (for himself, Ms. TITUS, Mr. QUIGLEY, Mr. PHILLIPS, Ms. GARCIA of Texas, Mr. VICENTE GONZALEZ of Texas, Mr. CROW, Ms. MCCOLLUM, Mr. CASE, Mr. SWALWELL, Ms. WILD, Mr. KRISHNAMOORTHI, Mr. 

KILDEE, and Ms. TOKUDA) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Ways and Means, and Oversight and Accountability, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To impose sanctions with respect to the transfer of arms 

and related materiel by the People’s Republic of China 

to the Russian Federation or the evasion or circumvention of United States sanctions or multilateral sanctions 

by the People’s Republic of China with respect to the 

Russian Federation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Deter PRC Support 

3 to the Russian War Effort Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The People’s Republic of China (in this sec7 tion referred to as the ‘‘PRC’’) and the Russian 

8 Federation have, in recent years, forged a closer re9 lationship, based largely on their shared interest in 

10 challenging the rules-based international order, in an 

11 attempt to reshape that order into one that is more 

12 welcoming to their authoritarian systems of govern13 ment. 

14 (2) The rhetoric of the PRC’s leaders, including 

15 Xi Jinping, who called for the unification ‘‘by force’’ 

16 of Taiwan with the People’s Republic of China, mir17 rors the Russian Federation’s justification for invad18 ing Ukraine, poses a danger to international peace 

19 and security and the agreed to status quo on Taiwan 

20 in the Three Communiques exchanged between Bei21 jing and Washington, and should be condemned by 

22 the international community. 

23 (3) On February 24, 2022, Russia launched an 

24 unprovoked and unjustified full-scale invasion of 

25 Ukraine, and in addition, the United Nation has re26 ported more than 7,800,000 Ukrainian refugees 


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1 forced to flee across Europe and more than 

2 5,000,000 internally displaced in Ukraine since Rus3 sia’s invasion began. 

4 (4) The PRC’s Foreign Ministry spokesperson 

5 refused to categorize Russia’s attacks as an ‘‘inva6 sion’’ or ‘‘war’’ and referred repeatedly to the Rus7 sian Federation’s statements on Ukraine, including 

8 reiterating criticisms of the North Atlantic Treaty 

9 Organization (NATO) and blaming the United 

10 States for starting the conflict. 

11 (5) Since Russia’s full-scale invasion of 

12 Ukraine, the Biden Administration has imposed sev13 eral tranches of sanctions on Putin’s Russia. 

14 (6) On February 22, 2022, President Biden 

15 issued Executive Order 14065, which blocks prop16 erty of certain persons and prohibits certain trans17 actions with respect to continued Russian efforts to 

18 undermine the sovereignty and territorial integrity of 

19 Ukraine, and expands the scope of the national 

20 emergency declared in Executive Order 13660 of 

21 March 6, 2014, Executive Order 13661 of March 

22 16, 2014, and Executive Order 13662 of March 20, 

23 2014, and takes additional steps with respect to Ex24 ecutive Order 13685 of December 19, 2014, and Ex25 ecutive Order 13849 of September 20, 2018, finding 


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1 that the Russian Federation’s purported recognition 

2 of the so-called Donetsk People’s Republic (DNR) or 

3 Luhansk People’s Republic (LNR) regions of 

4 Ukraine contradicts Russia’s commitments under 

5 the Minsk agreements and further threatens the 

6 peace, stability, sovereignty, and territorial integrity 

7 of Ukraine, and thereby constitutes an unusual and 

8 extraordinary threat to the national security and for9 eign policy of the United States. 

10 (7) On March 8, 2022, President Biden issued 

11 Executive Order 14066, which prohibits certain im12 ports and new investments with respect to continued 

13 Russian Federation efforts to undermine the sov14 ereignty and territorial integrity of Ukraine, and ex15 pands the scope of the national emergency declared 

16 in Executive Order 14024 of April 15, 2021, and 

17 takes additional steps with respect to Executive 

18 Order 14039 of August 20, 2021, finding that the 

19 Russian Federation’s unjustified, unprovoked, 

20 unyielding, and unconscionable war against Ukraine, 

21 including its recent further invasion in violation of 

22 international law, including the United Nations 

23 Charter, further threatens the peace, stability, sov24 ereignty, and territorial integrity of Ukraine, and 

25 thereby constitutes an unusual and extraordinary 


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1 threat to the national security and foreign policy of 

2 the United States. 

3 (8) On March 11, 2022, President Biden issued 

4 Executive Order 14068, which further prohibits cer5 tain imports and new investments with respect to 

6 continued Russian Federation efforts to undermine 

7 the sovereignty and territorial integrity of Ukraine, 

8 and takes additional steps with respect to the na9 tional emergency declared in Executive Order 14024 

10 of April 15, 2021, and Executive Order 14039 of 

11 August 20, 2021, and expanded by Executive Order 

12 14066 of March 8, 2022. 

13 (9) On April 6, 2022, President Biden issued 

14 Executive Order 14071, prohibiting new investment 

15 and certain services to the Russian Federation in re16 sponse to continued Russian Federation aggression, 

17 and takes additional steps with respect to the na18 tional emergency declared in Executive Order 14024 

19 of April 15, 2021, expanded by Executive Order 

20 14066 of March 8, 2022, and relied on for addi21 tional steps taken in Executive Order 14039 of Au22 gust 20, 2021, and Executive Order 14068 of March 

23 11, 2022. 

24 (10) In March 2022, as the Biden Administra25 tion continued to increase pressure on Putin’s reVerDate Sep 11 2014 04:57 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1368.IH H1368

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1 gime through rollouts of the aforementioned sanc2 tions, the head of the PRC’s banking and insurance 

3 regulator said the PRC will not participate in the 

4 sanctions regime Western nations imposed on Russia 

5 and ‘‘will continue to maintain normal economic, 

6 trade and financial exchanges’’ with Russia despite 

7 its aggression against Ukraine. 

8 (11) Indeed, that same month, according to 

9 PRC customs data, Russia bought 9,950 metric tons 

10 of alumina from the PRC, which is nearly 10 times 

11 more than what it purchased in the same period a 

12 year earlier. The PRC’s first-quarter exports of alu13 mina to Russia are nearly six times the volume of 

14 all of 2021, suggesting the PRC may find new ways 

15 of providing support to Russia. 

16 (12) On June 28, 2022, the U.S. Department 

17 of Commerce, Bureau of Industry and Security, 

18 added five Chinese companies to the Entity List, in 

19 response to their continued support to Russia’s mili20 tary efforts since the imposition of export controls in 

21 response to Russia’s invasion of Ukraine. 

22 (13) In December 2022, the PRC’s foreign 

23 minister stated his country would ‘‘deepen strategic 

24 mutual trust and mutually beneficial cooperation’’ 


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1 with Russia, and trade between the countries has 

2 continued to grow. 

3 (14) As of February 2023, reports based on 

4 customs records indicate Chinese state-owned and 

5 private companies have exported parts and equip6 ment to sanctioned Russian entities that could be fa7 cilitating Putin’s war. This includes shipments of 

8 helicopter equipment, jamming technology, drones, 

9 and jet-fighter parts to sanctioned Russian govern10 ment-owned defense firms. 

11 (15) On February 18, 2023, the Secretary of 

12 State publicly stated that Chinese companies were 

13 already providing non-lethal support to Russia’s war 

14 effort and the PRC was considering providing lethal 

15 support, including weapons and ammunition. 

16 SEC. 3. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) Russia’s military invasion of Ukraine and 

19 the war crimes and human rights violations com20 mitted by the Kremlin, Russia’s military, and Rus21 sia’s intelligence and security services against the 

22 people of Ukraine should be strongly condemned; 

23 (2) any country or entity that provides material 

24 support for Russia’s invasion is furthering Russia’s 

25 unlawful belligerence and committing of war crimes; 


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1 (3) Chinese Government officials and individ2 uals and entities associated with People’s Republic 

3 of China that assist the Russian Federation, includ4 ing Russian Government officials or individuals or 

5 entities associated with the Russian Federation, by 

6 providing material support or in evading sanctions 

7 imposed following the Russian Federation’s invasion 

8 of Ukraine are, in so doing, supporting the Russian 

9 Federation’s unprovoked attack on Ukraine and the 

10 Ukrainian people, including alleged war crimes com11 mitted by Russian Armed Forces against civilians; 

12 (4) the President should continue to seek unity 

13 with European and other key partners and to uphold 

14 sanctions that continue to impose costs on Putin’s 

15 regime and deplete the Russian Federation’s war 

16 chest; 

17 (5) the President should impose sanctions with 

18 respect to those sectors and individuals and entities 

19 of the Russian Federation, including Russian Gov20 ernment officials, that are evading sanctions im21 posed by the United States and allied nations fol22 lowing Russia’s invasion of Ukraine; and 

23 (6) the President should encourage other Euro24 pean countries and key partners to enact legislation 

25 that is similar to the provisions of this Act. 


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1 SEC. 4. SANCTIONS WITH RESPECT TO THE TRANSFER OF 

2 ARMS AND RELATED MATERIEL BY CHINA TO 

3 RUSSIA. 

4 (a) IMPOSITION OF SANCTIONS.— 

5 (1) IN GENERAL.—The President is authorized 

6 to impose on a PRC person one or more of the sanc7 tions described in subsection (b) if the President de8 termines that such person has, on or after the date 

9 of the enactment of this Act, knowingly— 

10 (A) exported, transferred, or otherwise pro11 vided to Russia financial, material, or techno12 logical support that contributes materially to 

13 the ability of the Government of Russia to un14 dertake military action in Ukraine, such as— 

15 (i) acquiring chemical, biological, or 

16 nuclear weapons or related technologies; 

17 (ii) acquiring ballistic or cruise missile 

18 capabilities; 

19 (iii) acquiring advanced conventional 

20 weapons; 

21 (iv) acquiring significant defense arti22 cles, defense services, or defense informa23 tion (as such terms are defined under the 

24 Arms Export Control Act (22 U.S.C. 2751 

25 et seq.)); or 


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1 (v) acquiring items designated by the 

2 President for purposes of the United 

3 States Munitions List under section 

4 38(a)(1) of the Arms Export Control Act 

5 (22 U.S.C. 2778(a)(1)); or 

6 (B) facilitated or assisted in the evasion or 

7 circumvention of United States sanctions or 

8 multilateral sanctions with respect to the Rus9 sia. 

10 (2) APPLICABILITY TO OTHER PRC PERSONS.— 

11 The sanctions described in subsection (b) may also 

12 be imposed on any PRC person that— 

13 (A) is a successor entity to a PRC person 

14 described in paragraph (1); or 

15 (B) is owned or controlled by, or has acted 

16 for or on behalf of, a PRC person described in 

17 paragraph (1) and has engaged in a 

18 sanctionable activity described in such para19 graph. 

20 (b) SANCTIONS DESCRIBED.—The sanctions de21 scribed in this subsection are the following: 

22 (1) BLOCKING OF PROPERTY.—The President 

23 shall exercise all powers granted by the International 

24 Emergency Economic Powers Act (50 U.S.C. 1701 

25 et seq.) (except that the requirements of section 202 


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1 of such Act (50 U.S.C. 1701) shall not apply) to the 

2 extent necessary to block and prohibit all trans3 actions in all property and interests in property of 

4 the person if such property and interests in property 

5 are in the United States, come within the United 

6 States, or are or come within the possession or con7 trol of a United States person. 

8 (2) INADMISSIBILITY OF CERTAIN INDIVID9 UALS.— 

10 (A) INELIGIBILITY FOR VISAS AND ADMIS11 SION TO THE UNITED STATES.—An individual 

12 determined by the President to be a person de13 scribed in subsection (a) is— 

14 (i) inadmissible to the United States; 

15 (ii) ineligible to receive a visa or other 

16 documentation to enter the United States; 

17 and 

18 (iii) otherwise ineligible to be admitted 

19 or paroled into the United States or to re20 ceive any other benefit under the Immigra21 tion and Nationality Act (8 U.S.C. 1101 et 

22 seq.). 

23 (B) CURRENT VISAS REVOKED.—An indi24 vidual determined by the President to be a perVerDate Sep 11 2014 04:57 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1368.IH H1368

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1 son described in subsection (a) is subject to the 

2 following: 

3 (i) Revocation of any visa or other 

4 entry documentation regardless of when 

5 the visa or other entry documentation is or 

6 was issued. 

7 (ii) A revocation under clause (i) shall 

8 cancel any other valid visa or entry docu9 mentation that is in the person’s posses10 sion in accordance with section 221(i) of 

11 the Immigration and Nationality Act. 

12 (3) OTHER SANCTIONS.— 

13 (A) EXPORT-IMPORT BANK ASSISTANCE

14 FOR EXPORTS.—The President may direct the 

15 Export-Import Bank of the United States not 

16 to give approval to the issuance of any guar17 antee, insurance, extension of credit, or partici18 pation in the extension of credit in connection 

19 with the export of any goods or services to the 

20 person. 

21 (B) LOANS FROM UNITED STATES FINAN22 CIAL INSTITUTIONS.—The President may pro23 hibit any United States financial institution 

24 from making loans or providing credits to the 

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1 son is engaged in activities to relieve human 

2 suffering and the loans or credits are provided 

3 for such activities. 

4 (C) LOANS FROM INTERNATIONAL FINAN5 CIAL INSTITUTIONS.—The President should di6 rect the United States Executive Director to 

7 each international financial institution to use 

8 the voice and vote of the United States to op9 pose any loan from the international financial 

10 institution that would benefit the person. 

11 (D) PROHIBITIONS ON FINANCIAL INSTI12 TUTIONS.—The following prohibitions may be 

13 imposed against the person if that person is a 

14 financial institution: 

15 (i) PROHIBITION ON DESIGNATION AS

16 PRIMARY DEALER.—Neither the Board of 

17 Governors of the Federal Reserve System 

18 nor the Federal Reserve Bank of New 

19 York may designate, or permit the continu20 ation of any prior designation of, the fi21 nancial institution as a primary dealer in 

22 United States Government debt instru23 ments. 

24 (ii) PROHIBITION ON SERVICE AS A

25 REPOSITORY OF GOVERNMENT FUNDS.— 


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1 The financial institution may not serve as 

2 agent of the United States Government or 

3 serve as repository for United States Gov4 ernment funds. 

5 (E) PROCUREMENT SANCTION.—The 

6 United States Government may not procure, or 

7 enter into any contract for the procurement of, 

8 any goods or services from the person. 

9 (F) FOREIGN EXCHANGE.—The President 

10 may, pursuant to such regulations as the Presi11 dent may prescribe, prohibit any transactions in 

12 foreign exchange that are subject to the juris13 diction of the United States and in which the 

14 person has any interest. 

15 (G) BANKING TRANSACTIONS.—The Presi16 dent may, pursuant to such regulations as the 

17 President may prescribe, prohibit any transfers 

18 of credit or payments between financial institu19 tions or by, through, or to any financial institu20 tion, to the extent that such transfers or pay21 ments are subject to the jurisdiction of the 

22 United States and involve any interest of the 

23 person. 

24 (H) PROPERTY TRANSACTIONS.—The 

25 President may, pursuant to such regulations as 


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1 the President may prescribe, prohibit any other 

2 person from— 

3 (i) acquiring, holding, withholding, 

4 using, transferring, withdrawing, trans5 porting, importing, or exporting any prop6 erty that is subject to the jurisdiction of 

7 the United States and with respect to 

8 which the person has any interest; 

9 (ii) dealing in or exercising any right, 

10 power, or privilege with respect to such 

11 property; or 

12 (iii) conducting any transaction in13 volving such property. 

14 (I) BAN ON INVESTMENT IN EQUITY OR

15 DEBT OF PERSON.—The President may, pursu16 ant to such regulations or guidelines as the 

17 President may prescribe, prohibit any United 

18 States person from investing in or purchasing 

19 significant amounts of equity or debt instru20 ments of the person. 

21 (J) EXCLUSION OF CORPORATE OFFI22 CERS.—The President may direct the Secretary 

23 of State to deny a visa to, and the Secretary of 

24 Homeland Security to exclude from the United 

25 States, any alien that the President determines 


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1 is a corporate officer or principal of, or a share2 holder with a controlling interest in, the person. 

3 (K) SANCTIONS ON PRINCIPAL EXECUTIVE

4 OFFICERS.—The President may impose on the 

5 principal executive officer or officers of the per6 son, or on persons performing similar functions 

7 and with similar authorities as such officer or 

8 officers, any of the sanctions under this sub9 section. 

10 (c) EXCEPTIONS.— 

11 (1) EXCEPTION FOR INTELLIGENCE ACTIVI12 TIES.—Sanctions under this section shall not apply 

13 to any activity subject to the reporting requirements 

14 under title V of the National Security Act of 1947 

15 (50 U.S.C. 3091 et seq.) or any authorized intel16 ligence activities of the United States. 

17 (2) EXCEPTION TO COMPLY WITH INTER18 NATIONAL OBLIGATIONS AND FOR LAW ENFORCE19 MENT ACTIVITIES.—Sanctions under subsection 

20 (b)(2) shall not apply with respect to an alien if ad21 mitting or paroling the alien into the United States 

22 is necessary— 

23 (A) to permit the United States to comply 

24 with the Agreement regarding the Head25 quarters of the United Nations, signed at Lake 


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1 Success June 26, 1947, and entered into force 

2 November 21, 1947, between the United Na3 tions and the United States, or other applicable 

4 international obligations; or 

5 (B) to carry out or assist law enforcement 

6 activity in the United States. 

7 (3) EXCEPTION RELATING TO IMPORTATION OF

8 GOODS.— 

9 (A) IN GENERAL.—The authority to block 

10 and prohibit all transactions in all property and 

11 interests in property under subsection (b)(1) 

12 shall not include the authority to impose sanc13 tions on the importation of goods. 

14 (B) GOOD DEFINED.—In this paragraph, 

15 the term ‘‘good’’ means any article, natural or 

16 man-made substance, material, supply or manu17 factured product, including inspection and test 

18 equipment and excluding technical data. 

19 (d) WAIVER.—The President may waive the applica20 tion of sanctions under subsection (b) with respect to a 

21 PRC person described in subsection (a) if the President 

22 determines that such a waiver is in the national interest 

23 of the United States. 

24 (e) IMPLEMENTATION; PENALTIES.— 


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1 (1) IMPLEMENTATION.—The President may ex2 ercise all authorities provided under sections 203 

3 and 205 of the International Emergency Economic 

4 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

5 the purposes of this section. 

6 (2) PENALTIES.—The penalties provided for in 

7 subsections (b) and (c) of section 206 of the Inter8 national Emergency Economic Powers Act (50 

9 U.S.C. 1705) may apply to a person that violates, 

10 attempts to violate, or conspires to violate, or causes 

11 a violation of, subsection (a) of this section, or an 

12 order or regulation prescribed under either such sub13 section, to the same extent that such penalties apply 

14 to a person that commits an unlawful act described 

15 in section 206(a) of the International Emergency 

16 Economic Powers Act. 

17 (f) DEFINITIONS.—In this section: 

18 (1) CHINA.—The term ‘‘China’’ means the Peo19 ple’s Republic of China. 

20 (2) FINANCIAL, MATERIAL, OR TECHNOLOGICAL

21 SUPPORT.—The term ‘‘financial, material, or techno22 logical support’’ has the meaning given such term in 

23 section 542.304 of title 31, Code of Federal Regula24 tions (or any corresponding similar regulation or rul25 ing). 


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1 (3) PRC PERSON.—The term ‘‘PRC person’’— 

2 (A) means— 

3 (i) any citizen or national of China; or 

4 (ii) any entity organized under the 

5 laws of China or any jurisdiction within 

6 China; and 

7 (B) includes the Government of China, the 

8 Chinese Communist Party, and any Chinese 

9 State-owned enterprise. 

10 (4) INTERNATIONAL FINANCIAL INSTITU11 TION.—The term ‘‘international financial institu12 tion’’ has the meaning given that term in section 

13 1701(c) of the International Financial Institutions 

14 Act (22 U.S.C. 262r(c)). 

15 (5) RUSSIA.—The term ‘‘Russia’’ means the 

16 Russian Federation. 

17 (6) UNITED STATES PERSON.—The term 

18 ‘‘United States person’’ means— 

19 (A) a United States citizen or an alien law20 fully admitted for permanent residence to the 

21 United States; or 

22 (B) an entity organized under the laws of 

23 the United States or of any jurisdiction within 

24 the United States, including a foreign branch of 

25 such an entity. 


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1 SEC. 5. SUNSET. 

2 The provisions of this Act shall take effect on the 

3 date of the enactment of this Act, and such provisions, 

4 including any sanctions or penalties imposed under this 

5 Act, shall terminate on the earlier of— 

6 (1) the date on which the President determines 

7 the conflict in Ukraine has ended; or 

8 (2) the date that is 2 years after such date of 

9 enactment. 

Æ 


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