Combatting Foreign Surveillance Spyware Sanctions Act

It is the policy of the United States—

(1) to act decisively against counterintelligence threats posed by foreign commercial spyware by degrading the ability of companies selling foreign commercial spyware to provide their services to users who act contrary to the national security or foreign policy interests of the United States;

(2) to act decisively against the individuals who lead entities selling foreign commercial spyware and who are involved in activities contrary to the national security or foreign policy interests of the United States; and

(3) to deter the use of foreign commercial spyware for improper purposes, such as to—

(A) target and intimidate perceived opponents;

(B) curb dissent;

(C) limit freedoms of expression, peaceful assembly, or association;

(D) enable other human rights abuses or suppression of civil liberties; or

(E) track or target United States persons.

In order to advance the policy objectives under subsection (a), the President may impose the sanctions described in subsection (c) with respect to—

(1) a covered entity the President determines to pose a risk to the national security of the United States which knowingly develops, maintains, owns, operates, brokers, markets, sells, leases, licenses, or otherwise makes available spyware that has enabled the targeting of United States Government officials, or personnel of the intelligence community;

(2) any foreign person who—

(A) is a current or former senior officer of an entity described in paragraph (1); and

(B) knowingly engages in, the sale of foreign commercial spyware, that allows for the targeting of United States Government officials, or personnel of the intelligence community; or

(3) any foreign person who—

(A) is an official of a foreign government or is acting for or on behalf of such official; and

(B) knowingly engages in the targeting of United States Government officials, or personnel of the intelligence community through the use of foreign commercial spyware.

The sanctions described in this subsection are the following:

The President may exercise all of the powers granted to the President under 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 property and interests in property of a person determined by the President to be subject to subsection (b) if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person.

In the case of a foreign person determined by the President to be subject to subsection (b) who is an individual, the foreign person 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.).

In the case of a foreign person determined by the President to be subject to subsection (b) who is an individual, the visa or other entry documentation of the person shall be revoked, regardless of when such visa or other entry documentation is or was issued. A revocation under this subparagraph shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the person’s possession.

Sanctions under this subsection shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary 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.

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 this subsection and shall issue such regulations, licenses, and orders as are necessary to carry out this subsection.

Any person that violates, attempts to violate, conspires to violate, or causes a violation of this subsection or any regulation, license, or order issued to carry out paragraph (1) shall be subject to the penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

Sanctions under this section shall not apply with respect to—

(1) 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

(2) any authorized intelligence or law enforcement activities of the United States.

Nothing in this Act may be construed to prohibit transactions associated with the official business of the Federal Government as carried out by employees, grantees, or contractors.

The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.

The authorities to impose sanctions authorized under this section shall not include the authority to impose sanctions on the importation of goods.

In this subsection, the term good means any article, natural, or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.

The authority to impose a new sanction under subsection (b) shall terminate on the date that is 7 years after the date of the enactment of this Act.

In this section:

The term foreign person means a person that is not a 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;

(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; or

(C) a person in the United States

The terms foreign commercial spyware, foreign company, spyware, and covered entity have the meanings given those terms in section 1102A of the National Security Act of 1947 (50 U.S.C. 3231 et seq.).

The term knowingly with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.