[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.