Sec. 5413. ENDING CHINA’S DEVELOPING NATION STATUS
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## SEC. 5413 ENDING CHINA’S DEVELOPING NATION STATUS **[**[22 U.S.C. 6901 note](/us/usc/t22/s6901)**]** ###
(a)Finding; Statement of Policy ####
(1)Finding Congress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though China has grown to be the second largest economy in the world. ####
(2)Statement of policy It is the policy of the United States— #####
(A)to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; #####
(B)to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and #####
(C)to work with allies and partners of the United States to implement the policies described in subparagraphs
(A)and (B). ###
(b)Definitions In this section: ####
(1)The term “appropriate committees of Congress” means— #####
(A)the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with respect to subsection (c); and #####
(B)the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to subsection (d). ####
(2)The term “OECD” means the Organisation for Economic Co-operation and Development. ####
(3)The term “Secretary” means the Secretary of State. ####
(4)The term “WTO” means the World Trade Organization. ###
(c)Duties of the Secretary ####
(1)Report on development status in current treaty negotiations Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— #####
(A)identifies all current treaty negotiations in which— ######
(i)the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and ######
(ii)the People’s Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People’s Republic of China would seek to become a party to the treaty; and #####
(B)for each treaty negotiation identified pursuant to subparagraph (A), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties. ####
(2)Report on development status in existing organizations and treaties Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— #####
(A)identifies all international organizations or treaties of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties; #####
(B)describes the mechanisms for changing the country designation for each relevant treaty or organization; and #####
(C)for each of the organizations or treaties identified pursuant to subparagraph (A)— ######
(i)includes a list of countries that— ######
(I)are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and ######
(II)meet the World Bank classification for upper middle income or high-income countries; and ######
(ii)describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties. ####
(3)Mechanisms for changing development status #####
(A)In general In any international organization of which the United States and the People’s Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue— ######
(i)changing the status of the People’s Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or ######
(ii)the development of a mechanism described in clause
(i)to change the status of the People’s Republic of China in such organization from developing nation to developed nation. #####
(B)Waiver The President may waive the application of clause
(i)or
(ii)of subparagraph
(A)with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States. ####
(4)Exception This subsection shall not apply to the WTO or any treaty identified in subsection (d). ###
(d)Duties of the United States Trade Representative ####
(1)Report on special and differential treatment at the world trade organization Not later than 180 days after the date of the enactment of this Act, the United States Trade Representative shall submit a report to the appropriate committees of Congress that— #####
(A)identifies each provision of a WTO agreement that provides for special and differential treatment based on the self-declared development status of WTO members, including the People’s Republic of China; #####
(B)identifies— ######
(i)all current multilateral negotiations at the WTO in which proposed negotiating text would provide for special and differential treatment for WTO members; and ######
(ii)all current plurilateral negotiations at the WTO in which the People’s Republic of China is actively participating, or it is reasonably foreseeable that the People’s Republic of China would seek to become a party to the agreement, in which proposed negotiating text would provide for special and differential treatment for WTO members; #####
(C)for each negotiation identified pursuant to subparagraph (B), describes how the draft provisions as of the date of the report would provide different treatment or standards for enforcement based on the self-declared development status of WTO members; #####
(D)includes a list of WTO members that— ######
(i)self-declare as developing country WTO members; ######
(ii)meet the World Bank classification for upper middle-income or high-income countries; and ######
(iii)######
(I)are members of, or applicants to, the OECD; or ######
(II)account for not less than 0.5 percent of global merchandise trade annually for each of the most recently completed 5 calendar years; and #####
(E)describes how the WTO provides different treatment or standards for enforcement based on the self-declared development status of the WTO members. ####
(2)Sense of congress on mechanisms for changing special and differential treatment at the world trade organization It is the sense of Congress that the United States Trade Representative, in consultation with allies and partners of the United States, should— #####
(A)oppose the use of special and differential treatment by the People’s Republic of China at the WTO; #####
(B)work to preclude the People’s Republic of China from being eligible to use special and differential treatment in future WTO agreements; and #####
(C)work to set appropriate thresholds, based on objective criteria, for determining each country’s eligibility for special and differential treatment in current and future WTO negotiations, consistent with subparagraphs
(A)and (B).
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Sec. 5413
ENDING CHINA’S DEVELOPING NATION STATUS
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