Protecting American Intellectual Property Act of 2020

To require the imposition of sanctions with respect to foreign persons that have engaged in significant theft of trade secrets of United States persons, and for other purposes. 1. Short title This Act may be cited as the Protecting American Intellectual Property Act of 2020 2. Imposition of sanctions with respect to theft of trade secrets of United States persons (a) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter, the President shall submit to the appropriate congressional committees a report— (A) identifying, for the 180-day period preceding submission of the report— (i) any foreign person that has engaged in, or benefitted from, significant and serial theft of trade secrets of United States persons, if the theft of such trade secrets is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States; (ii) any foreign person that has materially assisted or sponsored such theft; (iii) any foreign person that has provided financial, material, or technological support for, or goods or services in support of or to benefit from, such theft; (iv) any entity owned or controlled by, or that has acted or purported to act for or on behalf of, directly or indirectly, any foreign person identified under clause (i), (ii), or (iii); and (v) any chief executive officer or member of the board of directors of any foreign entity identified under clause (i), (ii), or (iii); and (B) describing the nature, objective, and outcome of the theft of trade secrets each foreign person described in subparagraph (A)(i) engaged in or benefitted from; and (C) assessing whether any chief executive officer or member of the board of directors described in clause (v) of subparagraph (A) engaged in, or benefitted from, activity described in clause (i), (ii), or (iii) of that subparagraph. (2) Exception The President is not required to include in a report required by paragraph (1) the name of any foreign person that is the subject of an active United States law enforcement investigation. (3) Form of report Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Authority To impose sanctions (1) Sanctions applicable to entities In the case of a foreign entity identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the President shall impose one of the following: (A) Blocking of property The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (B) Inclusion on denied persons list The President may include the entity on the Denied Persons List maintained by the Bureau of Industry and Security of the Department of Commerce pursuant to section 764.3(a)(2) of the Export Administration Regulations. (2) Sanctions applicable to individuals In the case of an individual identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the following shall apply: (A) Blocking of property The President shall, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (B) Visa ban; exclusion The Secretary of State shall deny a visa to the individual and revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (c) Exceptions (1) Intelligence activities This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 (2) Exception relating to importation of goods (A) In general The authority to impose sanctions under paragraph (1)(A) or (2)(A) of subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good (3) Exception to comply with international agreements Subsection (b)(2)(B) shall not apply with respect to the admission of an individual to the United States if such admission is necessary to comply with the obligations of the United States under 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, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements. (d) National security waiver The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver. (e) Termination of sanctions Sanctions imposed under subsection (b) with respect to a foreign person identified in a report submitted under subsection (a) shall terminate if the President certifies to the appropriate congressional committees that the person is no longer engaged in the activity identified in the report. (f) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or (2)(A) of subsection (b) or any regulation, license, or order issued to carry out that paragraph 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 (g) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (2) Export administration regulations The term Export Administration Regulations (3) Foreign entity The term foreign entity (4) Foreign person The term foreign person (5) Trade secret The term trade secret (6) Person The term person (7) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

Summary: Protecting American Intellectual Property Act of 2020 This bill imposes sanctions on certain foreign individuals and entities involved in the theft of trade secrets belonging to a U.S. individual or entity. The President shall periodically report to Congress a list of foreign individuals and entities that have knowingly engaged in, knowingly benefited from, or assisted in the significant theft of U.S. trade secrets that materially contributed to a significant threat to U.S. national security, foreign policy, or economic health. The report shall also list the foreign persons who are chief executive officers and board members of any foreign entity engaging in such theft. Individuals named in the report shall be subject to property- and visa-blocking sanctions. The President shall impose either property- or export-blocking sanctions on entities named in the report.