(I) is a qualified foreign joint venture
or is licensed by a governmental authority
as a collective, cooperative, or private en-
terprise; or
(II) is wholly owned by a foreign per-
son,
shall not be considered to be state-owned.
(B) The term ‘‘qualified foreign joint ven-
ture’’ means any person—
(i) which is registered and licensed in
the agency or department of the Govern-
ment of the People’s Republic of China
concerned with foreign economic relations
and trade as an equity, cooperative, con-
tractual joint venture, or joint stock com-
pany with foreign investment;
(ii) in which the foreign investor part-
ner and a person of the People’s Republic
of China share profits and losses and joint-
ly manage the venture;
(iii) in which the foreign investor
partner holds or controls at least 25 per-
cent of the investment and the foreign in-
vestor partner is not substantially owned
or controlled by a state-owned enterprise of
the People’s Republic of China;
(iv) in which the foreign investor part-
ner is not a person of a country the gov-
ernment of which the Secretary of State
has determined under section 6(j) of the
Export Administration Act of 1979 to have
repeatedly provided support for acts of
international terrorism; and
(v) which does not use state-owned
enterprises of the People’s Republic of
China to export its goods or services.
(C) The term ‘‘person’’ means a natural
person, corporation, partnership, enterprise, in-
strumentality, agency, or other entity.
(D) The term ‘‘foreign investor partner’’
means—
(i) a natural person who is not a citi-
zen of the People’s Republic of China; and
(ii) a corporation, partnership, instru-
mentality, enterprise, agency, or other en-
tity that is organized under the laws of a
country other than the People’s Republic
of China and 50 percent or more of the
outstanding capital stock or beneficial in-
terest of such entity is owned (directly or
indirectly) by natural persons who are not
citizens of the People’s Republic of China.
(e) PETITION FOR CHANGE IN DUTY STATUS.—Any
person who believes that a person should be included on
or excluded from the list compiled by the Secretary under
subsection (d)(1) may request that the Secretary review
the status of such person.
SEC. 6. EFFECT OF GATT ENTRY ON MFN STATUS.
Notwithstanding the entry of the People’s Republic
of China into the General Agreement on Tariffs and
Trade, most-favored-nation treatment shall not be auto-
matically conferred on the products of the People’s Repub-
lic of China unless the People’s Republic of China satisfies
the standards described in section 3 and complies with sec-
tion 402 of the Trade Act of 1974 (19 U.S.C. 2432).
SEC. 7. SANCTIONS BY OTHER COUNTRIES.
If the President decides not to seek a continuation
of a waiver in 1994 under section 402(d) of the Trade
Act of 1974 for the People’s Republic of China, the Presi-
dent shall, during the 30-day period beginning on the date
that the President would have recommended to the Con-
gress that such a waiver be continued, undertake efforts
to ensure that members of the General Agreement on Tar-
iffs and Trade take similar action with respect to the Peo-
ple’s Republic of China.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) DETAINED AND IMPRISONED.—The terms
‘‘detained’’ and ‘‘imprisoned’’ include, but are not
limited to, incarceration in prisons, jails, labor re-
form camps, labor reeducation camps, and local po-
lice detention centers.
(2) ACCEPTABLE ACCOUNTING.—The term ‘‘ac-
ceptable accounting’’ includes—
(A) providing information regarding the lo-
cation of any person being held,
(B) the legal status of such person,
(C) if convicted, the sentence of such per-
son, and
(D) if released, when and with what re-
strictions.
(3) 
CONVICT, 
FORCED, 
OR
INDENTURED
LABOR.—The term ‘‘convict, forced, or indentured
labor’’ has the meaning given such term by section
307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(4) VIOLATIONS OF INTERNATIONALLY RECOG-
NIZED STANDARDS OF HUMAN RIGHTS.—The term
‘‘violations of internationally recognized standards of
human rights’’ includes, but is not limited to, tor-
ture, cruel, inhuman, or degrading treatment or
punishment, prolonged detention without charges
and trial, causing the disappearance of persons by
the abduction and clandestine detention of those per-
sons, secret judicial proceedings, and other flagrant
denial of the right to life, liberty, or the security of
any person.
(5) MISSILE TECHNOLOGY CONTROL REGIME.—
The term ‘‘Missile Technology Control Regime’’
means the agreement, as amended, between the
United States, the United Kingdom, the Federal Re-
public of Germany, France, Italy, Canada, and
Japan, announced on April 16, 1987, to restrict sen-
sitive missile-relevant transfers based on an annex of
missile equipment and technology.
(6) SIGNIFICANT
PROGRESS.—(A) The term
‘‘significant progress’’ in section 3, means the imple-
mentation of measures that will meaningfully reduce,
or lead to the end of, the practices identified in such
section.
(B) With regard to section 3(5)(E), progress
may not be determined to be ‘‘significant progress’’
if, after the date of the enactment of this Act, the
President determines that the People’s Republic of
China has transferred—
(i) ballistic missiles or missile launchers for
the M–9 or M–11 weapons systems to Syria,
Pakistan, or Iran; or
(ii) material, equipment, or technology that
would contribute significantly to the manufac-
ture of a nuclear explosive device to another
country and that the material, equipment, or
technology is to be used by such country in the
manufacture of such device.
Æ
HR 1890 IH——2