against such covered entity, need not demonstrate 
that irreparable harm would result from the failure 
to grant such injunction. 
‘‘(2) COVERED ENTITY DEFINED.—In this sub-
section, the term ‘covered entity’ means an entity (or 
subsidiary or affiliate thereof) that— 
‘‘(A) is providing or producing tele-
communications, software, or electronics equip-
ment; 
‘‘(B) has a headquarters or a principal 
place of business located in a region adminis-
tered or governed by the People’s Republic of 
China (excluding Taiwan); 
‘‘(C) was, on or after March 8, 2016, de-
nied export privileges; and 
‘‘(D) was, subsequent to such denial, re-
moved by the Secretary of Commerce from the 
List of Denied Persons maintained by the Bu-
reau of Industry and Security of the Depart-
ment of Commerce upon the restoration of such 
privileges.’’. 
SEC. 5. EXPORT PRIVILEGES ELIGIBILITY. 
(a) IN GENERAL.—Beginning on and after the date 
that is 180 days after the date of enactment of this Act, 
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a covered entity may only be eligible for export privileges 
if such covered entity— 
(1) certifies to the Attorney General that such 
covered entity— 
(A) with respect to patents in use by the 
covered entity, has entered into license agree-
ments with the United States persons that own 
such patents; 
(B) will abide by the laws of the United 
States; and 
(C) will not engage in cyber espionage, or 
the theft or misappropriation of intellectual 
property or trade secrets, on behalf of them-
selves or a state actor; and 
(2) maintains an export eligibility account in 
accordance with subsection (b). 
(b) EXPORT ELIGIBILITY ACCOUNTS.— 
(1) ESTABLISHMENT.—The Secretary of the 
Treasury, at the request of a covered entity, shall es-
tablish and manage an export eligibility account for 
the covered entity in accordance with this sub-
section. 
(2) ACCOUNT
BALANCE.—To establish eligi-
bility for export privileges under subsection (a), an 
account established under paragraph (1) shall— 
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(A) at the time such account is established, 
include an amount equal to $2,500,000,000 
provided by the covered entity; 
(B) have a balance accessible only— 
(i) by the Secretary of the Treasury 
for payments described in paragraph (3); 
and 
(ii) by the covered entity— 
(I) upon closure of the account; 
and 
(II) for purposes of making de-
posits to maintain the account in ac-
cordance with subparagraph (C); and 
(C) at all times after establishment, in-
clude a minimum of $600,000,000. 
(3) USE OF ACCOUNT.—Amounts in an account 
established under paragraph (1) may be used by the 
Secretary of the Treasury for payments— 
(A) made to a United States person; and 
(B) that— 
(i) relate to final judgments in a pat-
ent infringement action against the appli-
cable covered entity (including interest, at-
torney’s fees, and any other costs specified 
in such judgments); and 
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(ii) the covered entity failed to make. 
(4) CERTIFICATION.—The Attorney General, in 
consultation with the Secretary of the Treasury and 
the Secretary of Commerce, shall review and certify 
the account status of covered entities for purposes of 
eligibility for export privileges at least once every 7 
years. 
(5) NOTIFICATION.—The Attorney General 
shall notify United States Customs and Border Pro-
tection and the Bureau of Industry and Security of 
the Department of Commerce of the identities of 
covered entities without an account providing eligi-
bility for export privileges. 
(c) DEFINITIONS.—In this section: 
(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means an entity (or subsidiary or affiliate 
thereof) that— 
(A) is providing or producing telecommuni-
cations, software, or electronics equipment; 
(B) has a headquarters or a principal place 
of business located in a region administered or 
governed by the People’s Republic of China (ex-
cluding Taiwan); 
(C) was, on or after March 8, 2016, denied 
export privileges; and 
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(D) was, subsequent to such denial, re-
moved by the Secretary of Commerce from the 
List of Denied Persons maintained by the Bu-
reau of Industry and Security of the Depart-
ment of Commerce upon the restoration of such 
privileges. 
(2) EXPORT
PRIVILEGES.—The term ‘‘export 
privileges’’ means, with respect to items subject to 
the Export Administration Regulations (as codified 
in subchapter C of chapter VII of title 15, Code of 
Federal Regulations, or any successor regulations)— 
(A) the ability to engage in export and re-
export transactions involving such items; and 
(B) the access to such items. 
(3) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or national; 
(B) an alien lawfully present in the United 
States who has lawful status under the immi-
gration laws (as such term is defined in section 
101(a) of the Immigration and Nationality 
Act); 
(C) a partnership, corporation, or other 
legal entity organized under the laws of the 
United States; or 
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(D) a partnership, corporation, or other 
legal entity that is organized under the laws of 
a foreign country and is controlled by entities 
described in subparagraph (C) or a United 
States citizen. 
Æ 
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