(H) to ensure that foreign governments— 
(i) demonstrate that the collection of 
undisclosed proprietary information is lim-
ited to that necessary to satisfy a legitimate 
and justifiable regulatory interest; and 
(ii) protect such information against 
disclosure, 
except 
in 
exceptional 
cir-
cumstances to protect the public, or where 
such information is effectively protected 
against unfair competition. 
(8) STATE-OWNED AND STATE-CONTROLLED EN-
TERPRISES.—The principal negotiating objective of 
the United States regarding competition by state- 
owned and state-controlled enterprises is to seek com-
mitments that— 
(A) eliminate or prevent trade distortions 
and unfair competition favoring state-owned and 
state-controlled enterprises to the extent of their 
engagement in commercial activity, and 
(B) ensure that such engagement is based 
solely on commercial considerations, 
in particular through disciplines that eliminate or 
prevent discrimination and market-distorting sub-
sidies and that promote transparency. 
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(9) LOCALIZATION
BARRIERS
TO
TRADE.—The 
principal negotiating objective of the United States 
with respect to localization barriers is to eliminate 
and prevent measures that require United States pro-
ducers and service providers to locate facilities, intel-
lectual property, or other assets in a country as a 
market access or investment condition, including in-
digenous innovation measures. 
(10) LABOR AND THE ENVIRONMENT.—The prin-
cipal negotiating objectives of the United States with 
respect to labor and the environment are— 
(A) to ensure that a party to a trade agree-
ment with the United States— 
(i) adopts and maintains measures im-
plementing internationally recognized core 
labor standards (as defined in section 
11(17)) and its obligations under common 
multilateral environmental agreements (as 
defined in section 11(6)), 
(ii) does not waive or otherwise dero-
gate from, or offer to waive or otherwise 
derogate from— 
(I) its statutes or regulations im-
plementing internationally recognized 
core labor standards (as defined in sec-
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tion 11(17)), in a manner affecting 
trade or investment between the United 
States and that party, where the waiv-
er or derogation would be inconsistent 
with one or more such standards, or 
(II) its environmental laws in a 
manner that weakens or reduces the 
protections afforded in those laws and 
in a manner affecting trade or invest-
ment between the United States and 
that party, except as provided in its 
law and provided not inconsistent with 
its obligations under common multilat-
eral environmental agreements (as de-
fined in section 11(6)) or other provi-
sions of the trade agreement specifi-
cally agreed upon, and 
(iii) does not fail to effectively enforce 
its environmental or labor laws, through a 
sustained or recurring course of action or 
inaction, 
in a manner affecting trade or investment be-
tween the United States and that party after 
entry into force of a trade agreement between 
those countries; 
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