Sec. 5104. Statement of policy to encourage the development of a corporate code of conduct for countering malign influence in the private sector
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It is the policy of the United States— to support business practices that are open, transparent, respect workers’ rights, and are environmentally conscious; to reaffirm the commitment of the United States to economic freedom, which is the bedrock of the United States economy and enables anyone in the United States to freely conduct business and pursue the American dream; to support freedom of expression for all people; to promote the security of United States supply chains and United States businesses against malign foreign influence; to welcome and commit to supporting business people from the People’s Republic of China who are in the United States to pursue the American dream, free from restrictions and surveillance, including freedom of inquiry and freedom of expression, that may be proscribed or restricted in the People’s Republic of China; to condemn and oppose xenophobia and racial discrimination in any form, including against Chinese businesspeople, entrepreneurs, and visitors in the United States; to recognize the threats posed to economic freedom and freedom of expression by the Government of the People's Republic of China, which are seeking to influence and interfere with United States businesses and distort United States markets for the gain of the People’s Republic of China, either directly or indirectly; to condemn the practice by the Government of the People's Republic of China of— direct and indirect surveillance and censorship and acts of retaliation by officials of that Government or their agents against businesspeople, entrepreneurs, and Chinese students and scholars; or harassment of their family members in the People’s Republic of China; to encourage United States businesses that conduct substantial business with or in the People’s Republic of China to collectively develop and commit to using best practices to ensure that their business in or with the People’s Republic of China is consistent with the policies of the United States; and to specifically encourage United States businesses to develop and agree to a code of conduct for business with or in the People’s Republic of China, pursuant to which a United States business would commit— to protect the free speech rights of its employees to, in their personal capacities, express views on global issues without fear that pressure from the Government of the People's Republic of China would result in them being retaliated against by the business; to ensure that products and services made by the business and sold in the People’s Republic of China do not enable the Government of the People's Republic of China to undermine fundamental rights and freedoms, for example by facilitating repression and censorship; to maintain robust due diligence programs to ensure that the business is not engaging in business with— the military of the People’s Republic of China; any Chinese entity subject to United States export controls without a required license; or any other Chinese actor that engages in conduct prohibited by the law of the United States; to disclose publicly any funding or support received from Chinese diplomatic missions or other entities linked to the Government of the People's Republic of China; to help mentor and support businesspeople and entrepreneurs from the People’s Republic of China to ensure that they can enjoy full economic freedom; to ensure that employees of the business in the People’s Republic of China are not subject to undue influence by the Government of the People's Republic of China at their workplace; and to ensure that agreements and practices of the business in the People’s Republic of China ensure the protection of intellectual property.