American Land and Property Protection Act
The American Land and Property Protection Act would prohibit the purchase of real estate in the United States by certain foreign nationals and entities deemed to be foreign adversaries. The President is empowered to take actions to enforce this prohibition, which would apply to both public and private real estate and cover nonresident aliens, foreign businesses, and any agent, trustee, or fiduciary connected to the governments listed (and related adversaries). The bill also defines who counts as a “foreign adversary” and expands the geographic reach of the United States to include its territories in defining the scope of the prohibition. In short, if enacted, the bill would bar specified governments and their affiliates (and certain designated organizations) from buying U.S. property, with the President responsible for implementing and enforcing the restriction.
Key Points
- 1Prohibition on real estate purchase: The President would take actions necessary to prohibit the purchase of public or private real estate in the United States by specified foreign actors.
- 2Who is restricted: Nonresident aliens, foreign businesses, and any agent, trustee, or fiduciary associated with the governments of the PRC, Russia, North Korea, Iran, and other foreign adversaries.
- 3Definition of “foreign adversary”: Includes the PRC (Hong Kong SAR, excluding Taiwan), Cuba, Iran, North Korea, Russia, Nicolas Maduro (Venezuela), and any organization designated as a foreign terrorist organization by the Secretary of State (per INA section 219). The term covers both states and certain designated actors.
- 4Scope of “United States”: Includes the U.S. (the 50 states) plus the District of Columbia and U.S. territories such as Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, and the U.S. Virgin Islands.
- 5Enforcement framework: The bill provides that the President shall take actions as may be necessary to implement the prohibition, with authority neither detailed nor limited by other provisions of law in the text provided. No specific penalties or enforcement mechanisms are set out in the excerpt.