Sec. 123. Report on subsidies provided by Government of People’s Republic of China
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/bill/117/s/4112/is/section-123·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than one year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in coordination with the United States Trade Representative and the Secretary of Commerce, shall submit to the appropriate congressional committees a report that identifies— subsidies provided by the central government of the People’s Republic of China to enterprises in the People’s Republic of China; and discriminatory treatment favoring enterprises in the People’s Republic of China over foreign market participants.
In compiling each report under subsection (a), the Secretary of State shall consider— regulatory and other policies enacted or promoted by the central government of the People’s Republic of China that— discriminate in favor of enterprises in the People’s Republic of China at the expense of foreign market participants; shield centrally administered, state-owned enterprises from competition; or otherwise suppress market-based competition; financial subsidies, including favorable lending terms, from or promoted by the central government of the People’s Republic of China or centrally administered, state-owned enterprises in the People’s Republic of China that materially benefit enterprises in the People’s Republic of China over foreign market participants in contravention of generally accepted market principles; and any subsidy that meets the definition of subsidy under article 1 of the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(12) ).
Each report required by subsection
(a)may be submitted in classified form. In carrying out this section, the Secretary of State, in coordination with the Secretary of Commerce and the United States Trade Representative, may, as necessary and appropriate, consult with— other Federal agencies, including independent agencies; the private sector; and civil society organizations with relevant expertise. In this section, the term appropriate congressional committees means— the Committee on Foreign Relations and the Committee on Finance of the Senate; and the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives.
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Sec. 123
Report on subsidies provided by Government of People’s Republic of China
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