Pub. L. 116-222, sec. 3 (as amended)
ADDITIONAL DISCLOSURE.
SEC. 3. [15 U.S.C. 7214a] ADDITIONAL DISCLOSURE.
(a) Definitions.—In this section—
(1) the term “audit report” has the meaning given the term in section 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a));
(2) the term “Commission” means the Securities and Exchange Commission;
(3) the term “covered form”—
(A) means—
(i) the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation; and
(ii) the form described in section 249.220f of title 17, Code of Federal Regulations, or any successor regulation; and
(B) includes a form that—
(i) is the equivalent of, or substantially similar to, the form described in clause (i) or (ii) of subparagraph (A); and
(ii) a foreign issuer files with the Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or rules issued under that Act;
(4) the terms “covered issuer” and “non-inspection year” have the meanings given the terms in subsection (i)(1) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by section 2 of this Act; and
(5) the term “foreign issuer” has the meaning given the term in section 240.3b-4 of title 17, Code of Federal Regulations, or any successor regulation.
(b) Requirement.—Each covered issuer that is a foreign issuer and for which, during a non-inspection year with respect to the covered issuer, a registered public accounting firm described in subsection (i)(2)(A) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by section 2 of this Act, has prepared an audit report shall disclose in each covered form filed by that issuer that covers such a non-inspection year—
(1) that, during the period covered by the covered form, such a registered public accounting firm has prepared an audit report for the issuer;
(2) the percentage of the shares of the issuer owned by governmental entities in the foreign jurisdiction in which the issuer is incorporated or otherwise organized;
(3) whether governmental entities in the applicable foreign jurisdiction with respect to that registered public accounting firm have a controlling financial interest with respect to the issuer;
(4) the name of each official of the Chinese Communist Party who is a member of the board of directors of—
(A) the issuer; or
(B) the operating entity with respect to the issuer; and
(5) whether the articles of incorporation of the issuer (or equivalent organizing document) contains any charter of the Chinese Communist Party, including the text of any such charter.
- Cross-references to the US Code
- 15 U.S.C. 7214a