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Marco Rubio Brings Out Bill to Protect American Intellectual Property

Last week, U.S. Sen. Marco Rubio, R-Fla., introduced the “Depriving Enemy Nations of Integral Authorizations and Licenses (DENIAL) Act.”

The bill would have the U.S. Department of Commerce’s Bureau of Industry and Security (BIS)”adopt a presumption of denial for any end user from China or Russia, and to notify Congress before approving a license to either country” which would give Congress the “ability to block BIS from granting such a license” which “will create additional safeguards to ensure sensitive technology does not flow to our adversaries.”

Rubio’s office insisted BIS “is failing to stop our adversaries” and pointed to recent examples.

“China and Russia, from accessing sensitive and controlled technology. In 2021, BIS approved 88 percent of all license applications to transfer controlled technology to Chinese firms, including dangerous, blacklisted companies like Huawei,” Rubio’s office noted.

“The BIS’s current rubber-stamp approval process is a threat to our national security. The DENIAL Act would tighten up export controls so that we can keep American technology out of our enemies’ hands,” said Rubio.

U.S. Sen. Roger Wicker, R-Miss., is co-sponsoring the bill.

“China routinely steals American intellectual property, and Russia has similarly proven itself untrustworthy. The DENIAL Act would strengthen the security of our nation’s cutting-edge technology by tailoring our export controls to the unique challenges posed by these two nations,” said Wicker.

The bill was sent to the U.S. Senate Banking, Housing, and Urban Affairs Committee. So far, there is no companion measure over in the U.S. House.

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