Massachusetts General Laws ch. 23A sec. 59 – Code of corporate standards relative to the People’s Republic of China; definitions
Section 59. (a) As used in this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:–
Terms Used In Massachusetts General Laws ch. 23A sec. 59
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Other entity: includes a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
"Person”, any individual and any partnership, firm, association, corporation, or other entity, or their subsidiaries;
"State agency”, all awarding authorities of the commonwealth, including, but not limited to, all executive offices, agencies, departments, commissions, and public institutions of higher education, and any office, department or division of the judiciary;
"State authority”, shall include, but not be limited to the Bay State Skills Corporation, centers of excellence, Community Economic Development Assistance Corporation, Community Development Finance Corporation, government land bank, Massachusetts Bay Transportation Authority, Massachusetts Business Development Corporation, Massachusetts Capital Resource Company, Massachusetts Convention Center Authority, Massachusetts Corporation for Educational Telecommunications, Massachusetts Educational Loan Authority, Massachusetts Health and Educational Facilities Authority, Massachusetts Higher Education Assistance Corporation, Massachusetts Housing Finance Agency, Massachusetts Horse Racing Authority, Massachusetts Industrial Finance Agency, Massachusetts industrial service program, Massachusetts Legal Assistance Corporation, Massachusetts Port Authority, Massachusetts Product Development Corporation, Massachusetts Technology Development Corporation, Massachusetts Technology Park Corporation, Massachusetts Department of Transportation, Massachusetts Water Resources Authority, Nantucket land bank, New England Loan Marketing Corporation, pension reserves investment management board, State College Building Authority, Southeastern Massachusetts University Building Authority, Thrift Institutions Fund for Economic Development, University of Lowell Building Authority, University of Massachusetts Building Authority, victim and witness board, and the Woods Hole, Martha’s Vineyard, and Nantucket Steamship Authority.
[ Introductory paragraph of subsection (b) effective until May 30, 2023. For text effective May 30, 2023, see below.]
(b) Any person who receives any economic development funds from a state agency or state authority shall sign a statement agreeing to comply with a code of corporate standards relative to any business interest in or involvement with or in the People’s Republic of China. The director of economic development shall prepare a form for setting forth such standards which shall include, at a minimum, adherence to the following principles:
[ Introductory paragraph of subsection (b) as amended by 2023, 7, Sec. 90 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
(b) Any person who receives any economic development funds from a state agency or state authority shall sign a statement agreeing to comply with a code of corporate standards relative to any business interest in or involvement with or in the People’s Republic of China. The director of MOBD shall prepare a form for setting forth such standards which shall include, at a minimum, adherence to the following principles:
(1) seek to ensure employment policies that do not entail discrimination based on sex, religion, ethnic or national background, political belief, nonviolent political activity, or political party membership;
(2) ensure, through consultation with relevant government authorities where appropriate, that methods of production used do not pose an unnecessary physical danger to workers, to neighboring populations and property, and to the surrounding environment;
(3) ensure that no convict or forced labor under penal sanctions is knowingly used;
(4) ensure that no goods that are mined, produced, or manufactured, in whole or in part, by convict or forced labor under penal sanctions are knowingly used;
(5) undertake to encourage freedom of assembly, association and expression, including without limitations, prevention of the termination of individuals who express political opinions whether or not at the workplace;
(6) discourage compulsory political indoctrination on the premises of the workplace; and
(7) when the opportunity arises, attempt to raise with the relevant agencies of the Chinese government those individuals detained, arrested, or convicted since June nineteen hundred and eighty-nine solely for nonviolent expression of their political views, or for peaceful religious or labor activity.