S. 330: Combatting China’s Pilfering of Intellectual Property Act

This bill, titled the "Combatting China’s Pilfering of Intellectual Property Act," proposes measures to impose sanctions on individuals and entities associated with significant theft of intellectual property originating from the United States. The main goals of the bill are to confront and deter behaviors that undermine U.S. intellectual property rights by certain parties operating in China.

Key Provisions

Imposition of Sanctions

The President shall enact sanctions against individuals or entities in China that:

• Engage in a pattern of significant theft of U.S. intellectual property.
• Receive U.S. intellectual property that has been stolen by others.

Types of Sanctions

The sanctions may include:

• Asset Blocking: The ability to block U.S. transactions related to the assets of the individuals or entities identified.
• Visa Restrictions: Ineligibility for U.S. visas for certain individuals that are deemed to be involved in such thefts, including their immediate family members.
• Revocation of Current Visas: Any existing U.S. visas held by individuals covered under these sanctions will be revoked immediately.

Persons Subject to Sanctions

Sanctions may apply to:

• Individuals who are nationals of China acting alone or under the direction of Chinese entities.
• Entities that are formed under Chinese laws or are controlled by Chinese nationals.

Penalties for Violations

Violations of these sanctions can lead to penalties outlined under current U.S. law, specifically the International Emergency Economic Powers Act.

Presidential Authority

The President is granted authority to waive these sanctions on a case-by-case basis if it serves U.S. national security interests and must report on such decisions to Congress.

Reporting Requirements

The President is required to report to Congress detailing individuals or entities sanctioned under this bill within 180 days of its enactment, as well as methods for ensuring visa screening effectiveness against intellectual property theft.

Visa Restrictions

This bill mandates that visas will be denied to:

• Senior officials of the Chinese Communist Party, their families, cabinet members, and active-duty members of the People’s Liberation Army.

The visa restrictions apply unless the President certifies that China has ceased actions related to infringing U.S. intellectual property rights.

Definitions

The bill also defines key terms related to the sanctions and the individuals and entities covered, ensuring clarity in enforcement and implementation.

Termination of Sanctions

The President has the authority to terminate sanctions if the individuals or entities cease their intellectual property thefts, confirmed through appropriate certification.

Relevant Companies

• None found