    [House Document 107-85]
    [From the U.S. Government Publishing Office]

    107th Congress, 1st Session - - - - - - - - - - - House Document 107-85

                    AN AGREEMENT BETWEEN THE UNITED STATES

                     AND THE SOCIALIST REPUBLIC OF VIETNAM

                              ON TRADE RELATIONS

                                   __________

                                    MESSAGE

                                      from

                       THE PRESIDENT OF THE UNITED STATES

                                  transmitting

        A COPY OF A PROCLAMATION THAT EXTENDS NONDISCRIMINATORY TARIFF
      TREATMENT TO THE PRODUCTS OF VIETNAM, PURSUANT TO 19 U.S.C. 2437(a)

        June 12, 2001.--Message and accompanying papers referred to the
                                   __________

                        U.S. GOVERNMENT PRINTING OFFICE
    89-011                     WASHINGTON : 2001

             Committee on Ways and Means and ordered to be printed
    To the Congress of the United States:
        In accordance with section 407 of the Trade Act of 1974, as
    amended (19 U.S.C. 2434) (the ``Trade Act''), I am transmitting
    a copy of a proclamation that extends nondiscriminatory tariff
    treatment to the products of Vietnam. As an annex to the
    proclamation, I also enclose the text of the ``Agreement
    Between the United States of America and the Socialist Republic
    of Vietnam on Trade Relations,'' which was signed on July 13,
    2000, including related annexes and exchanges of letters.
        Implementation of this Agreement will strengthen political
    relations between the United States and Vietnam and produce
    economic benefits for both countries. It will also help to
    reinforce political and economic reform in Vietnam.
        I believe that the Agreement is consistent with both the
    letter and spirit of the Trade Act. The Agreement provides for
    mutual extension of nondiscriminatory tariff treatment, while
    seeking to ensure overall reciprocity of economic benefits. The
    Agreement includes safeguard arrangements designed to ensure
    that imports from Vietnam will not disrupt the U.S. market.
        The Agreement also facilitates and expands the rights that
    U.S. businesses will have in conducting commercial transactions
    both within Vietnam and with Vietnamese nationals and business
    entities, and includes provisions dealing with settlement of
    commercial disputes, investment, financial transactions, and
    the establishment of government commercial offices. Vietnam
    also agrees to adopt standards for intellectual property
    protection that match the standards set forth in the WTO
    Agreement on Trade-Related Aspects of Intellectual Property
    Rights.
        On June 1, 2001, I waived application of subsections 402
    (a) and (b) of the Trade Act with respect to Vietnam. I urge
    that Congress act as soon as possible to approve, by a joint
    resolution referred to in section 151(b)(3) of the Trade Act,
    the extension of nondiscriminatory treatment to the products of
    Vietnam as provided for in the Agreement.

                                                        George W. Bush.
        The White House, June 8, 2001.
    To Implement the Agreement Between the United States of America and the
                Socialist Republic of Vietnam on Trade Relations

                                  ----------

                By the President of the United States of America

                                 a proclamation

        1. Pursuant to the authority vested in the President by the
    Constitution and the laws of the United States, and acting
    through duly empowered representatives, the United States
    entered into negotiations with representatives of the Socialist
    Republic of Vietnam (``Vietnam'') to conclude an agreement on
    trade relations between the United States and Vietnam.
        2. These negotiations were conducted in accordance with the
    requirements of the Trade Act of 1974, as amended (19 U.S.C.
    2431 et seq.) (the ``Trade Act'').
        3. As a result of these negotiations, an ``Agreement
    Between the United States of America and the Socialist Republic
    of Vietnam on Trade Relations'' (the ``Agreement''), including
    annexes and an exchange of letters which form an integral part
    of the Agreement, the foregoing in English and Vietnamese, was
    signed on July 13, 2000, by duly empowered representatives of
    the two Governments, and is set forth as an annex to this
    proclamation.
        4. The Agreement conforms to the requirements relating to
    bilateral commercial agreements set forth in section 405(b) of
    the Trade Act (19 U.S.C. 2435(b)).
        5. Chapter VII, Article 8:1 of the Agreement provides that
    the Agreement shall enter into force on the date of exchange of
    written notices of acceptance by the two Governments.
        6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c))
    provides that a bilateral commercial agreement providing
    nondiscriminatory treatment to the products of a country denied
    such treatment prior to the date of enactment of the Trade Act,
    and a proclamation implementing such agreement, shall take
    effect only if a joint resolution described in section
    151(b)(3) of the Trade Act (19 U.S.C. 2191(b)(3) that approves
    of the Agreement is enacted into law.
        7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes
    the President to embody in the Harmonized Tariff Schedule of
    the United States (HTS) the substance of the provisions of that
    Act, of other acts affecting import treatment, and actions take
    thereunder.
        Now, therefore, I, George W. Bush, President of the United
    States of America, acting under authority vested in me by the
    Constitution and the laws of the United States, including but
    not limited to, sections 404, 405, and 604 of the Trade Act, do
    proclaim that:
              (1) This proclamation shall become effective, the
            Agreement shall enter into force, and nondiscriminatory
            treatment shall be extended to the products of Vietnam,
            in accordance with the terms of the Agreement, and
            after Congress approves the Agreement by joint
            resolution, on the date of exchange of written notices
            of acceptance in accordance with Chapter VII, Article
            8:1 of the Agreement. The United States Trade
            Representative shall publish notice of the effective
            date in the Federal Register.
              (2) Effective with respect to articles entered, or
            withdrawn from warehouse for consumption, on or after
            the date provided in paragraph (1) of this
            proclamation, general note 3(b) to the HTS, enumerating
            those countries whose products are subject to duty at
            rates set forth in Rates of Duty Column 2 of the tariff
            schedule, is modified by striking out ``Socialist
            Republic Vietnam.''
        In witness whereof, I have hereunto set my hand this eighth
    day of June, in the year of our Lord two thousand one, and of
    the Independence of the United States of America the two
    hundred and twenty-fifth.

                                                        George W. Bush.