; and (iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ( 19 U.S.C. 2416 ). (2) Exception For purposes of paragraph (1), the term otherwise related legally or financially does not include a minority relationship or investment. (3) International agreements This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. (4) Certification for rail rolling stock (A) In general Except as provided in paragraph (5), as a condition of financial assistance made available in a fiscal year under section 5337, a recipient that operates rail fixed guideway service shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in paragraph (1). (B) Separate certification The certification required under this paragraph shall be in addition to any certification the Secretary establishes to ensure compliance with the requirements of paragraph (1). (5) Exception This subsection, including the certification requirement under paragraph (4), shall not apply to the award of a contract or subcontract made by a public transportation agency with a rail rolling stock manufacturer described in paragraph (1) if the manufacturer and the public transportation agency have a contract for rail rolling stock that was executed before the date of enactment of this subsection. (v) Cybersecurity certification for rail rolling stock and operations (1) Certification As a condition of financial assistance made available under this chapter, a recipient that operates a rail fixed guideway public transportation system shall certify that the recipient has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks. (2) Compliance For the process required under paragraph (1), a recipient of assistance under this chapter shall—