Senate Amendment 6
S 576 - Session 125 (2023-2024)
Alien Ownership of Real Property

Senator Goldfinch proposes the following amendment (SR-576.JG0040S):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Article 1, Chapter 35, Title 15 of the S.C. Code is amended by adding:

Section 15-35-190.(A) For the purposes of this section:

(1) "Party controlled by a foreign adversary" means a legal entity engaged in litigation that:

(a) is wholly owned by a foreign adversary;

(b) is wholly owned by a citizen of a foreign adversary;

(c) is subject to the jurisdiction of a foreign adversary;

(d) has a foreign adversary as a dominant shareholder, directly or indirectly; or

(e) has one or a number of citizens of a foreign adversary whose cumulative ownership is as a dominant shareholder.

(2) "Foreign adversary" means any foreign government or nongovernment person determined by the United States Secretary of Commerce to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States citizens.

(3) "Dominant shareholder" means the single owner of ten percent or more of a legal entity engaged in commerce's stock, securities, or other indicia of ownership; or multiple owners of twenty percent or more of a legal entity engaged in commerce's stock, securities, or other indicia of ownership.

(4) "Abuse of process" means the misuse of the legal process for an ulterior purpose, improper purpose, or a purpose different than the proceeding's intended purpose.

(B) In a civil action initiated by or funded by a party controlled by a foreign adversary, or initiated by any party for the purpose of a foreign adversary deriving some benefit, the party adverse to the party controlled by a foreign adversary is entitled to summary judgment in his favor upon all or any part of the civil action if that party shows to the court that the party controlled by a foreign adversary is engaged in an abuse of process, including, but not limited to, the purpose of advancing the foreign adversary's economic, competitive, military, or political advantage rather than settling a dispute between private parties.

(C) If a summary judgment is entered against a party controlled by a foreign adversary, then the party controlled by a foreign adversary may appeal the summary judgment directly to the Supreme Court. The Supreme Court shall hear the appeal on an expedited schedule.