Annual list of PRC entities carrying out mining involving forced labor or causing environmental harm in African countries

(a)

Definitions

In this Act:(1)

Artisanal and small-scale mining

The term artisanal and small-scale mining means a form of mining common in the developing world that—(A)typically employs rudimentary and low-cost extractive technologies and manual labor-intensive techniques;(B)is frequently subject to limited regulation; and(C)often features inhumane, harsh, and dangerous working conditions.(2)

Critical mineral

The term critical mineral has the meaning given that term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).(3)

Environmental harm to a protected area

The term environmental harm to a protected area means damage to the environment of a protected area, such as—(A)contamination of water resources, streams, rivers, lakes, or other bodies of water, including wells, aquifers, or soil;(B)soil degradation or erosion; or(C)degradation of aquatic or terrestrial ecosystems or biodiversity loss.(4)

Forced labor

The term forced labor has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).(5)

Large-scale mining

The term large-scale mining means capital-intensive, usually highly mechanized, typically industrial-scale mining carried out by large commercial entities.(6)

PRC entity

The term PRC entity means—(A)an entity under the ownership, control, or influence of—(i)the Government of the People’s Republic of China;(ii)the Chinese Communist Party; or(iii)a military, intelligence, or paramilitary entity of the Chinese Communist Party or the People’s Republic of China;(B)an entity that is organized under the laws of, or otherwise subject to the jurisdiction of, the People’s Republic of China (including Hong Kong and Macau);(C)an entity majority-owned, majority-controlled, or majority-financed by an entity described in subparagraph (A) or (B); or(D)a parent, subsidiary, affiliate, or contractor of an entity described in subparagraph (A), (B), or (C), including a joint venture in which an entity described in subparagraph (A), (B), or (C) holds a controlling interest.(7)

Protected area

The term protected area means any area that has received protected status in the country in which the area is located, such as a national park, game refuge, ecosystem reserve, or other nature preserve.(8)

Relevant congressional committees

The term relevant congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.(b)

In general

Not less frequently than once each year during the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall submit to the relevant congressional committees, and make publicly available, including on the internet, a list of—(1)each PRC entity that the Secretary reasonably assesses is carrying out mining, including large-scale mining or artisanal and small-scale mining, of critical minerals, gold, or iron in the Democratic Republic of the Congo, Nigeria, Guinea, Zambia, South Africa, Zimbabwe, or any other country in Africa—(A)using forced labor; or(B)in a manner that causes environmental harm to a protected area in the country concerned; and(2)each mine, mining zone, or concession at which such mining is carried out.(c)

Development of list

In developing each list required by subsection (b), the Secretary of State shall—(1)use open-source information, including from press sources and academic, non-profit, and other non-state research organizations or individual researchers, and information received, collected, or otherwise obtained by United States embassies; and(2)consult with the Secretary of Labor, through the Bureau of International Labor Affairs of the Department of Labor, the Secretary of Commerce, the Secretary of the Treasury, the Director of National Intelligence, and other heads of Federal departments and agencies, and the foreign country counterparts of such individuals in the countries specified in subsection (b)(1).(d)

Form

Each list required by subsection (b) shall be made publicly available and submitted to the relevant congressional committees in unclassified form, but the version submitted to the relevant congressional committees may include a classified annex, if warranted.