Deter PRC Support to the Russian War Effort Act
The bill authorizes the President to impose sanctions on persons associated with China for financial, material, or technological support contributing materially to Russia's military action in Ukraine. The sanctions include, for example, blocking transactions in U.S. property and prohibiting U.S. entry visas.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8544 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8544
To impose sanctions with respect to the transfer of arms and related
materiel by the People's Republic of China to the Russian Federation or
the evasion or circumvention of United States sanctions or multilateral
sanctions by the People's Republic of China with respect to the Russian
Federation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2022
Mr. Schiff (for himself, Ms. Escobar, Mrs. Murphy of Florida, Mr.
Krishnamoorthi, Mr. San Nicolas, Mr. Carson, Ms. Jackson Lee, Mr.
Swalwell, Mr. Malinowski, Ms. Garcia of Texas, Mr. Phillips, Mr.
Vargas, Mr. Quigley, Mr. Crow, and Mr. Case) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committees on the Judiciary, Financial Services, Ways
and Means, and Intelligence (Permanent Select), for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To impose sanctions with respect to the transfer of arms and related
materiel by the People's Republic of China to the Russian Federation or
the evasion or circumvention of United States sanctions or multilateral
sanctions by the People's Republic of China with respect to the Russian
Federation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deter PRC Support to the Russian War
Effort Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The People's Republic of China (in this section
referred to as the ``PRC'') and the Russian Federation have, in
recent years, forged a closer relationship, based largely on
their shared interest in challenging the rules-based
international order, in an attempt to reshape that order into
one that is more welcoming to their authoritarian systems of
government.
(2) The rhetoric of the PRC's leaders, including Xi
Jinping, who called for the unification ``by force'' of Taiwan
with the People's Republic of China, mirrors the Russian
Federation's justification for invading Ukraine, poses a danger
to international peace and security and the agreed to status
quo on Taiwan in the Three Communiques exchanged between
Beijing and Washington, and should be condemned by the
international community.
(3) On February 24, 2022, Russia launched an unprovoked and
unjustified full-scale invasion of Ukraine, and has since
killed and injured thousands of innocent Ukrainian civilians
across the country.
(4) The PRC's Foreign Ministry spokesperson refused to
categorize Russia's attacks as an ``invasion'' or ``war'' and
referred repeatedly to the Russian Federation's statements on
Ukraine, including reiterating criticisms of the North Atlantic
Treaty Organization (NATO) and blaming the United States for
starting the conflict.
(5) In the days and weeks since Russia's full-scale
invasion of Ukraine, the Biden Administration has imposed
several tranches of sanctions on Putin's Russia.
(6) On February 22, 2022, President Biden issued Executive
Order 14065, which blocks property of certain persons and
prohibits certain transactions with respect to continued
Russian efforts to undermine the sovereignty and territorial
integrity of Ukraine, and expands the scope of the national
emergency declared in Executive Order 13660 of March 6, 2014,
Executive Order 13661 of March 16, 2014, and Executive Order
13662 of March 20, 2014, and takes additional steps with
respect to Executive Order 13685 of December 19, 2014, and
Executive Order 13849 of September 20, 2018, finding that the
Russian Federation's purported recognition of the so-called
Donetsk People's Republic (DNR) or Luhansk People's Republic
(LNR) regions of Ukraine contradicts Russia's commitments under
the Minsk agreements and further threatens the peace,
stability, sovereignty, and territorial integrity of Ukraine,
and thereby constitutes an unusual and extraordinary threat to
the national security and foreign policy of the United States.
(7) On March 8, 2022, President Biden issued Executive
Order 14066, which prohibits certain imports and new
investments with respect to continued Russian Federation
efforts to undermine the sovereignty and territorial integrity
of Ukraine, and expands the scope of the national emergency
declared in Executive Order 14024 of April 15, 2021, and takes
additional steps with respect to Executive Order 14039 of
August 20, 2021, finding that the Russian Federation's
unjustified, unprovoked, unyielding, and unconscionable war
against Ukraine, including its recent further invasion in
violation of international law, including the United Nations
Charter, further threatens the peace, stability, sovereignty,
and territorial integrity of Ukraine, and thereby constitutes
an unusual and extraordinary threat to the national security
and foreign policy of the United States.
(8) On March 11, 2022, President Biden issued Executive
Order 14068, which further prohibits certain imports and new
investments with respect to continued Russian Federation
efforts to undermine the sovereignty and territorial integrity
of Ukraine, and takes additional steps with respect to the
national emergency declared in Executive Order 14024 of April
15, 2021, and Executive Order 14039 of August 20, 2021, and
expanded by Executive Order 14066 of March 8, 2022.
(9) On April 6, 2022, President Biden issued Executive
Order 14071, prohibiting new investment and certain services to
the Russian Federation in response to continued Russian
Federation aggression, and takes additional steps with respect
to the national emergency declared in Executive Order 14024 of
April 15, 2021, expanded by Executive Order 14066 of March 8,
2022, and relied on for additional steps taken in Executive
Order 14039 of August 20, 2021, and Executive Order 14068 of
March 11, 2022.
(10) In March 2022, as the Biden Administration continued
to increase pressure on Putin's regime through rollouts of the
aforementioned sanctions, the head of the PRC's banking and
insurance regulator said the PRC will not participate in the
sanctions regime Western nations imposed on Russia and ``will
continue to maintain normal economic, trade and financial
exchanges'' with Russia despite its aggression against Ukraine.
(11) Indeed, that same month, according to PRC customs
data, Russia bought 9,950 metric tons of alumina from the PRC,
which is nearly 10 times more than what it purchased in the
same period a year earlier. The PRC's first-quarter exports of
alumina to Russia are nearly six times the volume of all of
2021, suggesting the PRC may find new ways of providing support
to Russia.
(12) On June 28, 2022, the U.S. Department of Commerce,
Bureau of Industry and Security, added five Chinese companies
to the Entity List, in response to their continued support to
Russia's military efforts since the imposition of export
controls in response to Russia's invasion of Ukraine.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Russia's military invasion of Ukraine and the war
crimes and human rights violations committed by the Kremlin,
Russia's military, and Russia's intelligence and security
services against the people of Ukraine should be strongly
condemned;
(2) any country or entity that provides material support
for Russia's invasion is furthering Russia's unlawful
belligerence and committing of war crimes;
(3) Chinese Government officials and individuals and
entities associated with People's Republic of China that assist
the Russian Federation, including Russian Government officials
or individuals or entities associated with the Russian
Federation, by providing material support or in evading
sanctions imposed following the Russian Federation's invasion
of Ukraine are, in so doing, supporting the Russian
Federation's unprovoked attack on Ukraine and the Ukrainian
people, including alleged war crimes committed by Russian Armed
Forces against civilians;
(4) the President should continue to seek unity with
European and other key partners and to uphold sanctions that
continue to impose costs on Putin's regime and deplete the
Russian Federation's war chest;
(5) the President should impose sanctions with respect to
those sectors and individuals and entities of the Russian
Federation, including Russian Government officials, that are
evading sanctions imposed by the United States and allied
nations following Russia's invasion of Ukraine; and
(6) the President should encourage other European countries
and key partners to enact legislation that is similar to the
provisions of this Act.
SEC. 4. SANCTIONS WITH RESPECT TO THE TRANSFER OF ARMS AND RELATED
MATERIEL BY CHINA TO RUSSIA.
(a) Imposition of Sanctions.--
(1) In general.--The President is authorized to impose on a
PRC person one or more of the sanctions described in subsection
(b) if the President determines that such person has, on or
after the date of the enactment of this Act, knowingly--
(A) exported, transferred, or otherwise provided to
Russia financial, material, or technological support
that contributes materially to the ability of the
Government of Russia to undertake military action in
Ukraine, such as--
(i) acquiring chemical, biological, or
nuclear weapons or related technologies;
(ii) acquiring ballistic or cruise missile
capabilities;
(iii) acquiring advanced conventional
weapons;
(iv) acquiring significant defense
articles, defense services, or defense
information (as such terms are defined under
the Arms Export Control Act (22 U.S.C. 2751 et
seq.)); or
(v) acquiring items designated by the
President for purposes of the United States
Munitions List under section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1));
or
(B) facilitated or assisted in the evasion or
circumvention of United States sanctions or
multilateral sanctions with respect to the Russia.
(2) Applicability to other prc persons.--The sanctions
described in subsection (b) may also be imposed on any PRC
person that--
(A) is a successor entity to a PRC person described
in paragraph (1); or
(B) is owned or controlled by, or has acted for or
on behalf of, a PRC person described in paragraph (1)
and has engaged in a sanctionable activity described in
such paragraph.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall exercise all
powers granted by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) (except that the requirements of
section 202 of such Act (50 U.S.C. 1701) shall not apply) to
the extent necessary to block and prohibit all transactions in
all property and interests in property of the person if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Inadmissibility of certain individuals.--
(A) Ineligibility for visas and admission to the
united states.--An individual determined by the
President to be a person described in subsection (a)
is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--An individual
determined by the President to be a person described in
subsection (a) is subject to the following:
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall
cancel any other valid visa or entry
documentation that is in the person's
possession in accordance with section 221(i) of
the Immigration and Nationality Act.
(3) Other sanctions.--
(A) Export-import bank assistance for exports .--
The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of
any guarantee, insurance, extension of credit, or
participation in the extension of credit in connection
with the export of any goods or services to the person.
(B) Loans from united states financial
institutions.--The President may prohibit any United
States financial institution from making loans or
providing credits to the person in any 12-month period
unless the person is engaged in activities to relieve
human suffering and the loans or credits are provided
for such activities.
(C) Loans from international financial
institutions.--The President should direct the United
States Executive Director to each international
financial institution to use the voice and vote of the
United States to oppose any loan from the international
financial institution that would benefit the person.
(D) Prohibitions on financial institutions.--The
following prohibitions may be imposed against the
person if that person is a financial institution:
(i) Prohibition on designation as primary
dealer.--Neither the Board of Governors of the
Federal Reserve System nor the Federal Reserve
Bank of New York may designate, or permit the
continuation of any prior designation of, the
financial institution as a primary dealer in
United States Government debt instruments.
(ii) Prohibition on service as a repository
of government funds.--The financial institution
may not serve as agent of the United States
Government or serve as repository for United
States Government funds.
(E) Procurement sanction.--The United States
Government may not procure, or enter into any contract
for the procurement of, any goods or services from the
person.
(F) Foreign exchange.--The President may, pursuant
to such regulations as the President may prescribe,
prohibit any transactions in foreign exchange that are
subject to the jurisdiction of the United States and in
which the person has any interest.
(G) Banking transactions.--The President may,
pursuant to such regulations as the President may
prescribe, prohibit any transfers of credit or payments
between financial institutions or by, through, or to
any financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
person.
(H) Property transactions.--The President may,
pursuant to such regulations as the President may
prescribe, prohibit any other person from--
(i) acquiring, holding, withholding, using,
transferring, withdrawing, transporting,
importing, or exporting any property that is
subject to the jurisdiction of the United
States and with respect to which the person has
any interest;
(ii) dealing in or exercising any right,
power, or privilege with respect to such
property; or
(iii) conducting any transaction involving
such property.
(I) Ban on investment in equity or debt of
person.--The President may, pursuant to such
regulations or guidelines as the President may
prescribe, prohibit any United States person from
investing in or purchasing significant amounts of
equity or debt instruments of the person.
(J) Exclusion of corporate officers.--The President
may direct the Secretary of State to deny a visa to,
and the Secretary of Homeland Security to exclude from
the United States, any alien that the President
determines is a corporate officer or principal of, or a
shareholder with a controlling interest in, the person.
(K) Sanctions on principal executive officers.--The
President may impose on the principal executive officer
or officers of the person, or on persons performing
similar functions and with similar authorities as such
officer or officers, any of the sanctions under this
subsection.
(c) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(b)(2) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with 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, or other
applicable international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authority to block and
prohibit all transactions in all property and interests
in property under subsection (b)(1) shall not include
the authority to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment and excluding
technical data.
(d) Waiver.--The President may waive the application of sanctions
under subsection (b) with respect to a PRC person described in
subsection (a) if the President determines that such a waiver is in the
national interest of the United States.
(e) 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 and
1704) to carry out the purposes of this section.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) may apply to a person that
violates, attempts to violate, or conspires to violate, or
causes a violation of, subsection (a) of this section, or an
order or regulation prescribed under either such subsection, to
the same extent that such penalties apply to a person that
commits an unlawful act described in section 206(a) of the
International Emergency Economic Powers Act.
(f) Definitions.--In this section:
(1) China.--The term ``China'' means the People's Republic
of China.
(2) Financial, material, or technological support.--The
term ``financial, material, or technological support'' has the
meaning given such term in section 542.304 of title 31, Code of
Federal Regulations (or any corresponding similar regulation or
ruling).
(3) PRC person.--The term ``PRC person''--
(A) means--
(i) any citizen or national of China; or
(ii) any entity organized under the laws of
China or any jurisdiction within China; and
(B) includes the Government of China, the Chinese
Communist Party, and any Chinese State-owned
enterprise.
(4) International financial institution.--The term
``international financial institution'' has the meaning given
that term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
(5) Russia.--The term ``Russia'' means the Russian
Federation.
(6) United states person.--The term ``United States
person'' means--
(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.
SEC. 5. REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, and consistent
with the protection of intelligence sources and methods, the Director
of National Intelligence, in consultation with the Secretary of
Commerce, the Secretary of State, and the Secretary of Treasury as
appropriate, shall submit to the appropriate congressional committees a
report on whether and how the People's Republic of China, including the
Government of the People's Republic of China, the Chinese Communist
Party, any Chinese State-owned enterprise, and any other Chinese
entity, has provided support to the Russian Federation with respect to
its unprovoked invasion of and full-scale war against Ukraine.
(b) Matters To Be Included.--The report required by subsection (a)
shall include a discussion of the People's Republic of China support to
the Russian Federation with respect to--
(1) helping the Government of Russia or Russian entities
evade or circumvent United States sanctions or multilateral
sanctions;
(2) providing Russia with any technology, including
semiconductors classified as EAR99, that supports Russian
intelligence or military capabilities;
(3) establishing economic or financial arrangements that
will have the effect of alleviating the impact of United States
sanctions or multilateral sanctions; and
(4) providing any material, technical, or logistical
support, including to Russian military or intelligence agencies
and State-owned or State-linked enterprises.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form with a classified annex as necessary.
(d) Sunset.--The requirement to submit the report required by
subsection (a) shall terminate on the earlier of--
(1) the date on which the Director of National Intelligence
determines the conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the
enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Financial
Services of the House of Representatives; and
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on Banking,
Housing and Urban Affairs of the Senate.
SEC. 6. SUNSET.
The provisions of this Act shall take effect on the date of the
enactment of this Act, and such provisions, including any sanctions or
penalties imposed under this Act, shall terminate on the earlier of--
(1) the date on which the President determines the conflict
in Ukraine has ended; or
(2) the date that is 2 years after such date of enactment.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Ways and Means, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Ways and Means, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Ways and Means, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Ways and Means, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Ways and Means, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Immigration and Citizenship.