S 2384
American Investment Accountability Act
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Bill overview
The American Investment Accountability Act requires the Treasury and Commerce Secretaries to report to Congress on U.S. investments in entities linked to countries designated as ‘countries of concern,’ primarily China, Russia, Iran, North Korea, Cuba, and Venezuela. These reports will detail the value of direct and portfolio investments, as well as specific transactions involving U.S. businesses operating in these countries, aiming to increase transparency and accountability regarding U.S. financial ties to potentially adversarial nations.
Key provisions
- Requires the Treasury and Commerce Secretaries to submit regular reports to Congress on U.S. investments in countries of concern.
- Defines ‘countries of concern’ as nations considered foreign adversaries.
- Establishes criteria for identifying ‘covered United States businesses’ based on ownership and control.
- Mandates reporting on the value of direct and portfolio investments made by U.S. persons in these businesses and countries.
- Requires reporting on specific transactions like spin-offs, joint ventures, mergers, and acquisitions involving U.S. businesses and entities in countries of concern.
- Defines ‘offshore financial centers’ and requires reporting on investments channeled through them.
- Utilizes various sanctions lists to identify entities of concern.
- Specifies reporting periods of 90 days, with the first report due one year after enactment.
Who is affected
- U.S. Investors
- U.S. Businesses
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119th CONGRESS — 1st Session
S. 2384
IN THE SENATE OF THE UNITED STATES
A BILL
To monitor United States investments in entities that are controlled by foreign adversaries, and for other purposes.
This Act may be cited as the American Investment Accountability Act
.
The term appropriate congressional committees means—
the Committee on Armed Services of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Finance of the Senate;
the Committee on Foreign Relations of the Senate;
the Select Committee on Intelligence of the Senate;
the Committee on Armed Services of the House of Representatives;
the Committee on Financial Services of the House of Representatives;
the Committee on Foreign Affairs of the House of Representatives;
the Permanent Select Committee on Intelligence of the House of Representatives; and
the Committee on Ways and Means of the House of Representatives.
The term country of concern—
means a country the government of which is a foreign adversary, as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2)); and
includes—
The term covered United States business means any entity that—
is—
a corporation, partnership, or other association organized under the laws of the United States or of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States; or
is not a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)).
The term covered entity means any entity—
that—
is owned by the government of a country of concern;
is under the direct or indirect control of such a government;
is subject to the influence of such a government; or
is subject to intimidation by a public official of such a government;
not less than 25 percent of the ownership interest in which is held, in the aggregate, directly or indirectly, by not less than 1 entity—
that has a subsidiary or parent organization that—
that the Secretary of the Treasury considers to have an interest in property or interests in property of an entity in which not less than 25 percent of the ownership interest is held, in the aggregate, directly or indirectly, by not less than 1 entity included on a sanctions list.
The term direct investment has the meaning given that term in section 3 of the International Investment and Trade in Services Survey Act (22 U.S.C. 3102).
The term offshore financial center means any country, special administrative region, territory, or jurisdiction outside the United States that acts as an intermediary for investments originating in the United States and destined for countries of concern, through which, on an annual basis—
more than $100,000,000 in direct investments in countries of concern or covered entities are made; or
more than $500,000,000 in portfolio investments in countries of concern or covered entities are made.
The term portfolio investment has the meaning given that term in section 3 of the International Investment and Trade in Services Survey Act (22 U.S.C. 3102).
The term sanctions list means—
the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list
);
the list of foreign financial institutions subject to correspondent account or payable-through account sanctions maintained by the Office of Foreign Assets Control (commonly known as the CAPTA List
);
the list of persons operating in sectors of the Russian economy identified by the Secretary of the Treasury pursuant to Executive Order 13662 (commonly known as the Sectoral Sanctions Identifications List
); or
the Non-SDN Chinese Military Industrial Complex List maintained by the Office of Foreign Assets Control.
The term United States person has the meaning given that term in section 3 of the International Investment and Trade in Services Survey Act (22 U.S.C. 3102).
Not later than 1 year after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce shall submit to the appropriate congressional committees a report that identifies, for the period specified in subsection (e)—
the value of direct investments by United States persons in countries of concern, which shall—
the value of direct investments by United States persons in covered entities, which shall—
the number of direct investments by United States persons in countries of concern in excess of—
$5,000,000 in a single transaction; or
$10,000,000 in the aggregate.
Not later than 1 year after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that identifies, for the period specified in subsection (e)—
the value of portfolio investments by United States persons in countries of concern, which shall—
the value of portfolio investments by United States persons in covered entities, which shall—
be disaggregated by sector; and
account for investment occurring through offshore financial centers;
the number of portfolio investments by United States persons in countries of concern in excess of—
$10,000,000 in a single transaction; or
$25,000,000 in the aggregate; and
the value of portfolio investments by United States persons in initial offerings for sale to the public of common equity securities of covered entities and secondary market trading in such securities.
Not later than 1 year after the date of the enactment of this Act, and every 90 days thereafter, the Securities and Exchange Commission shall submit to the appropriate congressional committees a report that, for the period specified in subsection (e), identifies the following:
$5,000,000 in a single transaction; or
$10,000,000 in the aggregate.
The period specified in this subsection is—
in the case of the first report required by subsection (b), (c), or (d), the 1-year period preceding submission of the report; and
in the case of any subsequent report required by any such subsection, the 90-day period preceding submission of the report.