New Act Blocks Enforcement of Politically Motivated Chinese Court Judgments in the U.S.

The “Ending Chinese Lawfare Act” is designed to stop U.S. courts from recognizing or enforcing judgments handed down by courts in the People’s Republic of China (PRC) if those judgments are found to be politically motivated. The bill specifically targets cases where the proceeding was initiated or controlled by the Chinese Communist Party (CCP) or the PRC government and was substantially motivated by retaliation for protected political speech, lawful U.S. governmental actions, or the exercise of U.S. constitutional rights (SEC. 3).

Shielding Speech and Sovereignty

Think of this as a firewall for your First Amendment rights and U.S. sovereignty. If you’re an American journalist, activist, or businessperson who spoke out against the CCP, and a Chinese court issues a massive financial judgment against you—the U.S. court system is supposed to slam the door on any attempt to collect that money here. The bill explicitly states that a judgment cannot be enforced if doing so would penalize or chill speech protected by the First Amendment or interfere with U.S. sovereign authority (SEC. 7).

U.S. courts have a clear set of criteria to determine if a Chinese judgment is politically motivated, including the lack of judicial independence in the Chinese court, public statements by Chinese officials, and the nature of the claims themselves (SEC. 3). This is key because it acknowledges the reality that the CCP has ultimate authority over its courts, essentially using them as tools of state policy rather than impartial arbiters.

The Cost of Defense Is Covered

One of the most practical protections for everyday people is the fee-shifting provision. Dealing with international litigation is incredibly expensive, even if you win. Under this act, if a party attempts to enforce a prohibited Chinese judgment in a U.S. court, and you successfully oppose that enforcement, the court must award you all your reasonable attorney’s fees, costs, and expert witness fees (SEC. 4). This provision acts as a powerful deterrent, making it financially risky for anyone—including shell companies or proxies—to try and collect on these retaliatory judgments in the U.S.

Federal Court Takes the Lead

Currently, many foreign judgment enforcement cases start in state courts. This bill shifts the battleground by giving U.S. federal district courts original jurisdiction over any action seeking to recognize or enforce one of these politically motivated Chinese judgments (SEC. 5). This means if someone tries to enforce a judgment against you in a state court, you have the right to immediately remove that case to federal court, centralizing the expertise and ensuring a consistent application of this new federal law. The U.S. Attorney General also gains the right to intervene in these cases and submit statements on foreign policy interests, which the court must give “substantial weight” (SEC. 6).

Preemptive Protection for Targeted Individuals

The act also allows individuals or entities targeted by these Chinese court proceedings to proactively seek help in U.S. courts. If you’re facing costs, reputational damage, or a “chilling effect” on your protected speech because of a Chinese proceeding, you can file a civil lawsuit in federal court to get a declaration that the foreign judgment is unenforceable and an injunction to prevent collection attempts (SEC. 8). For instance, a small business owner who publicly criticized the Chinese government and is now facing a lawsuit back home can get ahead of the problem by getting a U.S. court to preemptively block any future enforcement attempts here.

While this bill offers strong protections, the determination of whether a proceeding was “materially supported” by the CCP is complex and relies heavily on judicial interpretation, which could lead to some initial inconsistency as courts figure out where to draw the line. Nevertheless, the core purpose is clear: to prevent foreign governments from weaponizing their courts against Americans who are simply exercising their rights.