I
106TH CONGRESS
2D SESSION
H. R. 5534
Providing that State and local laws prohibiting or otherwise restricting
economic activity with foreign countries are null and void.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 24, 2000
Mr. OXLEY introduced the following bill; which was referred to the Committee
on International Relations
A BILL
Providing that State and local laws prohibiting or otherwise
restricting economic activity with foreign countries are
null and void.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Uniform Trade Sanc-
tions Act’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Article VI of the United States Constitution
provides that the laws and treaties of the United
States are ‘‘the Supreme Law of the Land’’ and the
judges in every State shall be bound thereby.
(2) Article I, section 8, clause 3 of the Con-
stitution authorizes the Congress to regulate com-
merce with foreign nations, among the several
States, and among Indian tribes. This clause by im-
plication prohibits States from unreasonably bur-
dening or discriminating against such commerce un-
less Congress has authorized States to do so.
(3) The Supreme Court has also consistently
recognized in numerous decisions that the Federal
Government has complete and exclusive power over
the foreign affairs of the United States. The United
States District Court for the District of Massachu-
setts recently reiterated this exclusive foreign affairs
power in striking down the Massachusetts law im-
posing sanctions on Burma.
SEC. 3. INEFFECTIVENESS OF STATE AND LOCAL LAWS
REGULATING 
ECONOMIC 
ACTIVITY 
WITH
FOREIGN COUNTRIES.
(a) GENERAL RULE.—Any law of a State or local
unit of government that imposes any restriction or condi-
tion on economic activity with respect to a specified for-
eign country, or with a foreign country or nationals or en-
tities of a foreign country by reason of specified conduct
by such foreign country, nationals, or entities, shall have
no force or effect.
(b) SPECIFIC MEASURES DESCRIBED.—For purposes
of subsection (a), a restriction or condition on economic
activity with respect to a foreign country, national, or enti-
ty includes, but is not limited to, the following:
(1) The suspension, restriction, or prohibition
of exports or imports of any product, technology, or
service to or from that foreign country, national, or
entity.
(2) The suspension of, or any restriction or pro-
hibition on, providing goods or services to, or engag-
ing in any financial transaction with, the govern-
ment of that foreign country, national, or entity.
(3) Any restriction or prohibition on having a
place of business in that foreign country or with that
foreign national or entity.
(4) Any restriction or prohibition on being a
business entity that is owned or controlled by an-
other entity that engages in any of the activities sus-
pended, restricted, or prohibited as described in
paragraph (1), (2), or (3).
(5) Any restriction or prohibition on acquiring
or having an ownership interest in an entity that
provides goods or services as described in paragraph
(2), in an entity that has a place of business de-
scribed in paragraph (3), or in a business entity de-
scribed in paragraph (4).
(6) A measure imposing any prohibition, re-
striction, or condition on economic activity on any
foreign government, national, or entity on the
ground that such government, national, or entity
provides goods or services to, or engages in any fi-
nancial transaction with, the government of the for-
eign country, national, or entity referred to in the
matter preceding paragraph (1).
(7) A measure imposing any prohibition, re-
striction, or condition on economic activity on any
person that is a national of a foreign country, or on
any government or other entity of a foreign country,
on the ground that the government of that country
has not taken measures in cooperation with, or simi-
lar to, sanctions imposed by the applicable State or
local unit of government on the foreign country, na-
tional, or entity referred to in the matter preceding
paragraph (1).
(8) A measure that imposes taxes on economic
activity with the foreign country, national, or entity
referred to in the matter preceding paragraph (1).
SEC. 4. ENFORCEMENT.
(a) SUITS BY THE ATTORNEY GENERAL.—The Attor-
ney General, on behalf of the United States is authorized
to bring suit to declare invalid or enjoin enforcement of
any State or local restriction or condition to which this
Act applies on the ground that it has not force or effect.
(b) REMEDY NON-EXCLUSIVE; PRESERVATION
OF
OTHER REMEDIES.—Nothing in this Act shall be con-
strued to preclude or otherwise affect any suit by any per-
son to declare invalid or to enjoin any State or local law
on the ground that it is unconstitutional or on the ground
that it is inconsistent with a Federal law or regulation.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘financial transaction’’ has the
meaning given that term in section 1956(c) of title
18, United States Code.
(2) The term ‘‘State’’ includes the District of
Columbia and any commonwealth, territory, or pos-
session of the United States.
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