Sec. 126. Report on subsidies provided by the Government of the People’s Republic of China
408 words·~2 min read·
/bill/118/s/5491/is/section-126·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 10 years, the Secretary of State, in coordination with the United States Trade Representative and the Secretary of Commerce, shall submit to the appropriate committees of Congress a report that identifies— patterns of direct and indirect subsidies provided by the central, provincial, or local governments of the PRC to state-owned enterprises and private entities under the direction or control of the Government of the PRC operating in economic sectors deemed by the Government of the PRC to be strategic sectors, including by identifying such sectors in major policy initiatives or by inclusion in the Chinese Communist Party’s five-year plans; discriminatory, non-market treatment favoring state-owned and private enterprises in the PRC and disadvantaging foreign market participants; any impacts that the activities outlined in paragraphs
(1)and
(2)have on United States national security and economic competitiveness; and any coordination with foreign allies and partners to address the impacts of the activities outlined in paragraphs
(1)and (2). In compiling the report under subsection (a), the Secretary of State shall consider— regulatory and other policies enacted or promoted by the central government of the PRC that— discriminate in favor of enterprises in the PRC that disadvantage foreign market participants; shield centrally administered, state-owned enterprises from competition; or otherwise suppress market-based competition; financial subsidies, including subsidized loans or below-market lending terms, from or promoted by the central, provincial, or local governments of the PRC or state-owned enterprises in the PRC that materially benefit enterprises in the PRC over foreign market participants in contravention of generally accepted market principles; 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) ); any impacts that the activities outlined in paragraphs (1), (2), and
(3)have on United States national security and economic competitiveness; and any coordination with foreign allies and partners to address the impacts of the activities outlined in paragraphs (1), (2), and (3). 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.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 126
Report on subsidies provided by the Government of the People’s Republic of China
Cites 1Cited by 0 across 0 sources