Taiwan Conflict Deterrence Act of 2022

To deter Chinese aggression towards Taiwan by requiring the Secretary of the Treasury to publish a report on financial institutions and accounts connected to senior officials of the People’s Republic of China, to restrict financial services for certain immediate family of such officials, and for other purposes. 1. Short title This Act may be cited as the Taiwan Conflict Deterrence Act of 2022 2. Report on financial institutions and accounts connected to certain Chinese government officials (a) Financial institutions report (1) In general Not later than 90 days after the date that the President, pursuant to section 3(c) of the Taiwan Relations Act ( 22 U.S.C. 3302(c) (A) With respect to each of at least 10 natural persons described under subsection (b), at least 1 of whom is a natural person listed under paragraph (1) of such subsection (b) and at least 1 of whom is a natural person listed under paragraph (2) of such subsection (b), the estimated total funds that are held in financial institutions and are under direct or indirect control by such natural person and a description of such funds. (B) A list of any financial institutions that— (i) maintain an account in connection with significant funds described in subparagraph (A); or (ii) otherwise provide significant financial services to a natural person covered by the report. (2) Briefing required Not later than 30 days after submitting a report described under paragraph (1), the Secretary of the Treasury, or a designee of the Secretary, shall brief the appropriate Members of Congress on the funds covered by the report, including a description of how the funds were acquired, and any illicit or corrupt means employed to acquire or use the funds. (3) Exemptions The requirements described under paragraph (1) may not be applied with respect to a natural person or a financial institution, as the case may be, if the President determines: (A) The funds described under paragraph (1)(A) were primarily acquired through legal and noncorrupt means. (B) The natural person has agreed to provide significant cooperation to the United States for an important national security purpose with respect to China. (C) A financial institution has agreed to— (i) no longer maintain an account described under paragraph (1)(B)(i); (ii) no longer provide significant financial services to a natural person covered by the report; or (iii) provide significant cooperation to the United States for an important national security purpose with respect to China. (4) Waiver The President may waive any requirement described under paragraph (1) with respect to a natural person or a financial institution upon reporting to the appropriate Members of Congress that— (A) the waiver would substantially promote the objective of ending the threat described under paragraph (1); (B) the threat described under paragraph (1) is no longer present; or (C) the waiver is essential to the national security interests of the United States. (b) Natural persons described The natural persons described in this subsection are persons who, at the time of a report, are the following: (1) A member of the Politburo Standing Committee of the Chinese Communist Party. (2) A member of the Politburo of the Chinese Communist Party that is not described under paragraph (1). (3) A member of the Central Committee of the Chinese Communist Party that— (A) is none of the foregoing; and (B) performs any official duty that directly or indirectly affects Taiwan. (c) Form of report; public availability (1) Form The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex. (2) Public availability The Secretary of the Treasury shall make the unclassified portion of the report required under subsection (a) available to the public on the website and social media accounts of the Department of the Treasury— (A) in English, Chinese, and any other language that the Secretary finds appropriate; and (B) in precompressed, easily downloadable versions that are made available in all appropriate formats. 3. Prohibition on financial services for certain immediate family (a) In general The Secretary of the Treasury may prohibit a United States financial institution, and any person owned or controlled by a United States financial institution, from engaging in a significant transaction with— (1) a natural person covered by a report made under section 2(a); or (2) the immediate family of a person described under paragraph (1), if the Secretary finds that such immediate family benefits from funds described in the report. (b) Termination Subsection (a) shall have no force or effect on the earlier of— (1) the date that is 30 days after the date that the President reports to the appropriate Members of Congress that the threat described under section 2(a)(1) is no longer present; or (2) the date that is 25 years after the date that the Secretary of the Treasury submits the final report required under section 2(a)(1). 4. Definitions For purposes of this Act: (1) Appropriate Members of Congress The term appropriate Members of Congress (2) Financial institution The term financial institution (3) Foreign financial institution The term foreign financial institution (4) Funds The term funds (5) Immediate family The term immediate family (A) Such person’s spouse, father, mother, children, brothers, sisters, and grandchildren. (B) The father, mother, brothers, and sisters of such person’s spouse. (C) The spouse of a child, brother, or sister of such person. (6) United States financial institution The term United States financial institution U.S. financial institution

Summary: Taiwan Conflict Deterrence Act of 2022 This bill requires additional reporting regarding the domestic and foreign financial activity of specified Chinese officials. Specifically, the bill requires the Department of the Treasury, upon a determination by the President that a threat to the interests of the United States exists resulting from actions by China, to (1) report to Congress on funds held by certain members of the Chinese Communist Party, including the total amount of funds, a description of the funds, and a list of related financial institutions; and (2) brief Congress on how these funds were acquired and any illicit or corrupt means employed to acquire or use the funds. The bill also allows Treasury to prohibit significant transactions between U.S. financial institutions and these individuals.