Amendment on Endless Frontiers Act Addresses Trade Secrets

Sen. Lindsey Graham, R-S.C., has proposed that CBP be given the authority to exclude from entry into the U.S. any articles produced by a foreign firm that misappropriated a trade secret, when that theft has been proven by either a court or the International Trade Commission, under Section 337. The amendment, published May 24 in the Congressional Record, notes that the Section 337 process may not provide complete relief "because the foreign person has used or is reasonably likely to use the misappropriated trade secret in the home country of the foreign person or a third country."

In addition to an import ban, the amendment provides for the refusal of export licenses, sanctions and visa denials. The amendment is one of hundreds to the China package, and Majority Leader Chuck Schumer, D-N.Y., will decide which ones deserve debate time and a vote on the floor. He says he would like the package to get a vote this week.