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S. 3574IntroducedSenate · nowHousePresidentLawIn committee
Sec. 8 · S. 3574

Declaratory and injunctive relief

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(a) Civil action authorized Any person, State, or governmental entity that is a party to, the subject of, or the target of a proceeding in a court of the People’s Republic of China described in section 3(a), and that has incurred or is incurring concrete costs, burdens, or restraints as a result of such proceeding, may bring a civil action in a United States district court for declaratory and injunctive relief. (b) Injury in fact For purposes of article III of the Constitution of the United States, an injury in fact shall be deemed to exist if the plaintiff demonstrates, to the satisfaction of the court— (1) participation in, or exposure to, a foreign judicial proceeding described in section 3; and (2) (A) legal expenses or compliance costs; (B) reputational injury; (C) a credible chilling effect on constitutionally protected speech or conduct; (D) impairment of property, contractual, or financial interests; or (E) a substantial risk of enforcement efforts affecting United States-based interests. (c) Relief In any action under this section, the court may— (1) declare the foreign judgment or proceeding is not recognizable or enforceable in the United States; and (2) grant appropriate injunctive relief to prevent any attempt to seek recognition or enforcement of such judgment.

Sec. 8: Declaratory and injunctive relief · Public Law Tracker