[JPRT, 110th Congress]
[From the U.S. Government Publishing Office]
COMMITTEE ON FOREIGN AFFAIRS
COMMITTEE ON FOREIGN RELATIONS
=======================================================================
Legislation on
Foreign Relations
Through 2005
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
JOINT COMMITTEE PRINT
OCTOBER 2008
VOLUME III
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. House of Representatives
U.S. Senate
Legislation on Foreign Relations Through 2005--Volume III
COMMITTEE ON FOREIGN AFFAIRS
COMMITTEE ON FOREIGN RELATIONS
=======================================================================
Legislation on
Foreign Relations
Through 2005
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OCTOBER 2008
VOLUME III
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. House of Representatives
U.S. Senate
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
----------
U.S. GOVERNMENT PRINTING OFFICE
28-784 PDF WASHINGTON : 2008
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COMMITTEE ON FOREIGN AFFAIRS
HOWARD L. BERMAN, California, Chairman
GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California
BRAD SHERMAN, California DANA ROHRABACHER, California
ROBERT WEXLER, Florida DONALD A. MANZULLO, Illinois
ELIOT L. ENGEL, New York EDWARD R. ROYCE, California
BILL DELAHUNT, Massachusetts STEVE CHABOT, Ohio
GREGORY W. MEEKS, New York THOMAS G. TANCREDO, Colorado
DIANE E. WATSON, California RON PAUL, Texas
ADAM SMITH, Washington JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri MIKE PENCE, Indiana
JOHN S. TANNER, Tennessee JOE WILSON, South Carolina
GENE GREEN, Texas JOHN BOOZMAN, Arkansas
LYNN C. WOOLSEY, California J. GRESHAM BARRETT, South Carolina
SHEILA JACKSON LEE, Texas CONNIE MACK, Florida
RUBEN HINOJOSA, Texas JEFF FORTENBERRY, Nebraska
JOSEPH CROWLEY, New York MICHAEL T. McCAUL, Texas
DAVID WU, Oregon TED POE, Texas
BRAD MILLER, North Carolina BOB INGLIS, South Carolina
LINDA T. SANCHEZ, California LUIS G. FORTUNO, Puerto Rico
DAVID SCOTT, Georgia GUS BILIRAKIS, Florida
JIM COSTA, California VACANT
ALBIO SIRES, New Jersey
GABRIEL GIFFORDS, Arizona
RON KLEIN, Florida
BARBARA LEE, California
Robert R. King, Staff Director
Yleem Poblete, Republican Staff Director
______
COMMITTEE ON FOREIGN RELATIONS
JOSEPH R. BIDEN, Jr., Delaware, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
JOHN F. KERRY, Massachusetts CHUCK HAGEL, Nebraska
RUSSELL D. FEINGOLD, Wisconsin NORM COLEMAN, Minnesota
BARBARA BOXER, California BOB CORKER, Tennessee
BILL NELSON, Florida GEORGE V. VOINOVICH, Ohio
BARACK OBAMA, Illinois LISA MURKOWSKI, Alaska
ROBERT MENENDEZ, New Jersey JIM DeMINT, South Carolina
BENJAMIN L. CARDIN, Maryland JOHNNY ISAKSON, Georgia
ROBERT P. CASEY, Jr., Pennsylvania DAVID VITTER, Louisiana
JIM WEBB, Virginia JOHN BARRASSO, Wyoming
Antony J. Blinken, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
(ii)
FOREWORD
----------
This volume of legislation and related material is part of
a five volume set of laws and related material frequently
referred to by the Committees on International Relations of the
House of Representatives and Foreign Relations of the Senate,
amended to date and annotated to show pertinent history or
cross references.
Volumes I (A and B), II (A and B), III and IV contain
legislation and related material and are republished with
amendments and additions on a regular basis. Volume V, which
contains treaties and related material, will be revised as
necessary.
We wish to express our appreciation to Larry Q.
Nowels and Dianne E. Rennack of the Foreign Affairs, Defense,
and Trade Division of the Congressional Research Service of the
Library of Congress and Suzanne Kayne of the U.S. Government
Printing Office who prepared volume III of this year's
compilation.
Howard L. Berman,
Chairman, Committee on Foreign Affairs.
Joseph R. Biden, Jr.,
Chairman, Committee on Foreign Relations.
October 1, 2008.
(iii)
EXPLANATORY NOTE
----------
The body of statutory law set out in this volume was in
force, as amended, at the end of 2005.
This volume sets out ``session law'' as originally enacted
by Congress and published by the Archivist of the United States
as ``slip law'' and later in the series United States Statutes
at Large (as subsequently amended, if applicable). Amendments
are incorporated into the text and distinguished by a footnote.
Session law is organized in this series by subject matter in a
manner designed to meet the needs of the Congress.
Although laws enacted by Congress in the area of foreign
relations are also codified by the Law Revision Counsel of the
House of Representatives, typically in title 22 United States
Code, those codifications are not positive law and are not, in
most instances, the basis of further amendment by the Congress.
Cross references to the United States Code are included as
footnotes for the convenience of the reader.
All Executive orders and State Department delegations of
authority are codified and in force as of December 31, 2005.
Corrections may be sent to Dianne E. Rennack at the Library
of Congress, Congressional Research Service, Washington, D.C.,
20540-7460, or by e-mail at [email protected].
(v)
ABBREVIATIONS
----------
Bevans...................................... Treaties and Other
International Agreements
of the United States of
America, 1776-1949,
compiled under the
direction of Charles I.
Bevans.
CFR......................................... Code of Federal
Regulations.
EAS......................................... Executive Agreement
Series.
F.R......................................... Federal Register.
LNTS........................................ League of Nations Treaty
Series.
I Malloy, II Malloy......................... Treaties, Conventions,
International Acts,
Protocols, and Agreements
Between the United States
of America and Other
Powers, 1776-1909,
compiled under the
direction of the United
States Senate by William
M. Malloy.
R.S......................................... Revised Statutes.
Stat........................................ United States Statutes at
Large.
TIAS........................................ Treaties and Other
International Acts
Series.
TS.......................................... Treaty Series.
UNTS........................................ United Nations Treaty
Series.
U.S.C....................................... United States Code.
UST......................................... United States Treaties and
Other International
Agreements.
(vi)
C O N T E N T S
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Page
FOREWORD......................................................... iii
EXPLANATORY NOTE................................................. v
ABBREVIATIONS.................................................... vi
I. INTERNATIONAL FINANCIAL INSTITUTIONS.......................... 1
1. Authorization for U.S. Participation......................... 3
2. Authorization for Increased U.S. Participation............... 127
3. Other Legislation Relating to International Financial
Institutions................................................. 150
J. FOREIGN ECONOMIC POLICY: TARIFF AND TRADE LAWS................ 249
1. Trade Legislation and Related Documents...................... 256
2. Export-Import Bank........................................... 1215
3. Export Expansion............................................. 1332
4. Export Administration........................................ 1336
5. International Economic Sanctions............................. 1458
6. Johnson Act--Financial Transactions With Foreign Governments
(Public Law 80-772) (partial text)........................... 1690
7. Foreign Investment in the United States...................... 1691
8. Collection and Publication of Foreign Commerce and Trade
Statistics (Public Law 87-826)............................... 1717
9. Materials and Commodities.................................... 1724
10. Foreign Corrupt Practices.................................... 1741
APPENDICES....................................................... 1759
INDEX............................................................ 1805
(vii)
=======================================================================
I. INTERNATIONAL FINANCIAL INSTITUTIONS
CONTENTS
Page
1. Authorization for U.S. Participation.......................... 3
a. International Monetary Fund/World Bank Group............ 3
(1) Bretton Woods Agreements Act, as amended (Public
Law 79-171)...................................... 3
(2) Bretton Woods Agreements Act Amendments, 1980
(Public Law 96-389) (partial text)............... 37
(3) Bretton Woods Agreements Act Amendments, 1978
(Public Law 95-435) (partial text)............... 39
(4) International Development Association Act, as
amended (Public Law 86-565)...................... 41
(5) Special Facility for Sub-Saharan Africa (Title I
of H.R. 2253, as enacted into law by sec. 101(i)
of Public Law 99-190) (partial text)............. 49
(6) International Finance Corporation Act, as amended
(Public Law 84-350).............................. 51
(7) Multilateral Investment Guarantee Agency Act
(Title IV of H.R. 3570, as enacted into law by
sec. 101(e) of Public Law 100-202) (partial text) 56
b. Inter-American Development Bank......................... 61
(1) Inter-American Development Bank Act, as amended
(Public Law 86-147).............................. 61
(2) Inter-American Investment Corporation Act (Title
II of S. 2416, as introduced in the Senate on
March 13, 1984 and enacted into law by Public Law
98-473) (partial text)........................... 79
c. Asian Development Bank Act, as amended (Public Law 89-
369)................................................... 83
d. African Development Bank Act (Public Law 97-35) (partial
text).................................................. 96
e. African Development Fund Act, as amended (Public Law 94-
302) (partial text).................................... 101
f. European Bank for Reconstruction and Development Act
(Public Law 101-513) (partial text).................... 108
g. North American Development Bank......................... 113
(1) North American Development Bank Act (Public Law
103-182) (partial text).......................... 113
(2) North American Development Bank Amendments
(Public Law 108-215) (partial text).............. 120
h. Bank for Economic Cooperation and Development in the
Middle East and North Africa Act (Public Law 104-208)
(partial text)......................................... 124
2. Authorization for Increased U.S. Participation................ 127
a. International Development and Finance Act of 1989
(Public Law 101-240) (partial text).................... 127
b. Providing for U.S. Participation in a Capital Stock
Increase for the International Bank for Reconstruction
and Development and Replenishment of the African
Development Fund (H.R. 4645, as passed by the House on
September 28, 1988, and enacted into law by sec. 555 of
Public Law 100-461) (partial text)..................... 144
c. Providing for Increased Participation by the United
States in the Inter-American Development Bank, the
Asian Development Bank, and the African Development
Fund (Public Law 96-259) (partial text)................ 148
3. Other Legislation Relating to International Financial
Institutions................................................. 150
a. International Financial Institutions Act (Public Law 95-
118) (partial text).................................... 150
b. Mexican Debt Disclosure Act of 1995 (Public Law 104-6)
(partial text)......................................... 208
c. FREEDOM Support Act of 1992 (Public Law 102-511)
(partial text)......................................... 212
d. IFI Funding for Mines (Public Law 99-88) (partial text). 214
e. International Debt Forgiveness and International
Financial Institutions Reform (Public Law 106-429)
(partial text)......................................... 216
f. Foreign Operations Appropriations Instructions, Fiscal
Year 2006 (Public Law 109-102) (partial text).......... 220
g. International Lending Supervision Act of 1983 (Title IX
of Public Law 98-181).................................. 225
h. Multilateral Development Banks--Sense of Congress (Title
X of Public Law 98-181) (partial text)................. 234
i. Foreign Currency Reports (Public Law 93-110) (partial
text).................................................. 236
j. Par Value Modification Act, as amended (Public Law 92-
268)................................................... 242
k. Special Drawing Rights Act, as amended (Public Law 90-
349)................................................... 243
l. Convention on the Settlement of Investment Disputes Act
of 1966 (Public Law 89-532) (partial text)............. 245
m. National Advisory Council on International Monetary and
Financial Policies (Executive Order 11269, as amended). 246
=======================================================================
1. Authorization for U.S. Participation
a. International Monetary Fund/World Bank Group
(1) Bretton Woods Agreements Act, as amended
Public Law 79-171 [H.R. 3314], 59 Stat. 512, approved July 31, 1945; as
amended by Public Law 80-472 [S. 2202], 62 Stat. 137, approved April 3,
1948; Public Law 81-142 [H.R. 4332], 63 Stat. 298, approved June 29,
1949; Public Law 82-165 [H.R. 5113], 65 Stat. 373, approved October 10,
1951; Reorganization Plan No. 7 of 1953, August 1, 1953, 18 F.R. 4541,
67 Stat. 639: Public Law 83-570 [S. 3589], 68 Stat. 677, approved
August 9, 1954; Public Law 86-48 [S. 1094], 73 Stat. 80, approved June
17, 1959; Public Law 87-490 [H.R. 10162], 76 Stat. 105, approved June
19, 1962; Public Law 88-178 [H.R. 7405], 77 Stat. 334, approved
November 13, 1963; Public Law 89-31 [H.R. 6497], 79 Stat. 119, approved
June 2, 1965; Public Law 89-126 [S. 1742], 79 Stat. 519, approved
August 14, 1965; Public Law 91-599 [H.R. 18306], 84 Stat. 1657,
approved December 30, 1970; Public Law 93-94 [S. 1887], 87 Stat. 314,
approved August 15, 1973; Public Law 94-564 [H.R. 13955], 90 Stat.
2660, approved October 19, 1976; Public Law 95-118 [International
Financial Institutions Act; H.R. 5262], 91 Stat. 1067, approved October
3, 1977; Public Law 95-147 [H.R. 5675], 91 Stat. 1227 at 1228, approved
October 28, 1977; Public Law 95-435 [Bretton Woods Agreements Act
Amendments, 1978; H.R. 9214], 92 Stat. 1051, approved October 10, 1978;
Public Law 96-389 [Bretton Woods Agreements Act Amendments, 1980; S.
2271], 94 Stat. 1551, approved October 7, 1980; Public Law 97-35
[Omnibus Budget Reconciliation Act of 1981; H.R. 3982], 95 Stat. 357 at
740 and 746, approved August 13, 1981, Public Law 98-181 [Supplemental
Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153, approved November
30, 1983; Public Law 99-190 [Further Continuing Appropriations, 1986;
H.J. Res. 465], 99 Stat. 1185, approved December 19, 1985; Public Law
99-591 [Continuing Appropriations Act, 1987; H.J. Res. 738], 100 Stat.
3341, approved October 30, 1986; Public Law 100-202 [Continuing
Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December
22, 1987; H.R. 4645 as enacted by Public Law 100-461 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
101-240 [International Development and Finance Act of 1989; H.R. 2494],
103 Stat. 2492, approved December 19, 1989; Public Law 102-511 [FREEDOM
Support Act, S. 2532], 106 Stat. 3320, approved October 24, 1992;
Public Law 103-149 [South African Democratic Transition Support Act of
1993; H.R. 3225], 107 Stat. 1503, approved November 23, 1993; Public
Law 105-277 [Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; H.R. 4328] 112 Stat. 2681-1, approved October
21, 1998; Public Law 106-36 [Miscellaneous Trade and Technical
Corrections Act of 1999; H.R. 435] 113 Stat 127, approved June 25,
1999; Public Law 106-113 [Consolidated Appropriations Act, 2000; H.R.
3194] 113 Stat. 1501, approved November 29, 1999; and Public Law 106-
429 [Foreign Operations, Export Financing and Related Programs
Appropriations Act, 2001; H.R. 5526], 114 Stat. 1900, approved November
6, 2000
AN ACT To provide for the participation of the United States in the
International Monetary Fund and the International Bank for
Reconstruction and Development.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``Bretton Woods
Agreements Act.''
acceptance of membership
Sec. 2.\1\ The President is hereby authorized to accept
membership for the United States in the International Monetary
Fund (herein after referred to as the ``Fund''), and in the
International Bank for Reconstruction and Development
(hereinafter referred to as the ``Bank''), provided for the
Articles of Agreement of the Fund and the Articles of Agreement
of the Bank as set forth in the Final Act of the United Nations
Monetary and Financial Conference dated July 22, 1944, and
deposited in the archives of the Department of State.
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\1\ 22 U.S.C. 286.
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appointment of governors, executive directors, and alternates
Sec. 3.\2\ (a) The President, by and with the advice and
consent of the Senate, shall appoint a governor of the Fund who
shall also serve as governor of the Bank, and an executive
director of the Fund and an executive director of the Bank. The
executive directors so appointed shall also serve provisional
executive directors of the Fund and the Bank for the purposes
of the respective Articles of Agreement. The term of office for
the governor of the Fund and of the Bank shall be five years.
The term of office for the executive directors shall be two
years, but the executive directors shall remain in office until
their successors have been appointed.
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\2\ 22 U.S.C. 286a. See sec. 3 of the International Finance
Corporation Act, page 51. See sec. 3 of the International Development
Association Act, page 41.
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(b) The President, by and with the advice and consent of
the Senate, shall appoint an alternate for the governor of the
fund and an alternate for the governor of the Bank.\3\ The
President, by and with the advice and consent of the Senate,
shall appoint an alternate for each of the executive directors.
The alternate for each executive director shall be appointed
from among individuals recommended to the President by the
executive director. The terms of office for alternates for the
governor and the executive directors shall be the same as the
terms specified in subsection (a) for the governor and
executive directors.
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\3\ Public Law 93-94 (87 Stat. 314) struck out ``who shall also
serve as alternate for the governor of the bank'' and inserted in lieu
thereof ``and an alternate for the governor of the Bank''.
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(c) \4\ Should the provisions of Schedule D of the Articles
of Agreement of the Fund apply, the Governor of the Fund shall
also serve as councillor, shall designate an alternate for the
councillor, and may designate associates.
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\4\ Upon entry into force on April 1, 1978 of the amendments to the
Articles of Agreement to the IMF, subsecs. (c) and (d), as provided for
in sec. 2 of Public Law 94-564, became effective. The old subsec. (c)
language that was struck out was essentially the same as the new
subsec. (d)(1) but without references to the councillor or associate.
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(d) \4\ (1) \5\ No person shall be entitled to receive any
salary or other compensation from the United States for
services as a Governor, executive director, councillor,
alternate, or associate.
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\5\ Sec. 2 of Public Law 95-435 (92 Stat. 1051) added the paragraph
designation ``(1)'' and added paras. (2) and (3).
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(2) \5\ The United States executive director of the Fund
shall not be compensated by the Fund at a rate in excess of the
rate provided for an individual occupying a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code. The United States alternate executive
director of the Fund shall not be compensated by the Fund at a
rate in excess of the rate provided for an individual occupying
a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(3) \5\ The Secretary of the Treasury shall instruct the
United States executive director of the Fund to present to the
Fund's Executive Board a comprehensive set of proposals,
consistent with maintaining high levels of competence of Fund
personnel and consistent with the Articles of Agreement, with
the objective of assuring that salaries and other compensation
accorded Fund employees do not exceed those received by persons
filling similar levels of responsibility within national
government service or private industry. The Secretary shall
report these proposals together with any measures adopted by
the Fund's Executive Board to the Congress prior to February 1,
1979.
national advisory council on international monetary and financial
problems
Sec. 4.\6\ (a) In order to coordinate the policies and
operations of the representatives of the United States on the
Fund and the Bank and of all agencies of the Government which
make or participate in making foreign loans or which engage in
foreign financial, exchange or monetary transactions, there is
hereby established the National Advisory Council on
International Monetary and Financial Problems (hereinafter
referred to as the ``Council''), consisting of the Secretary of
the Treasury, as Chairman, the Secretary of State, the
Secretary of Commerce, the Chairman of the Board of Governors
of the Federal Reserve System,\7\ the President of the Export-
Import Bank of Washington, and during such period as the
Foreign Operations Administration shall continue to exist, the
Director of the Foreign Operations Administration.
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\6\ 22 U.S.C. 286b. See sec. 5 of the International Finance
Corporation Act, page 42. See sec. 4 of the International Development
Association Act and sec. 4 of the Inter-American Development Bank Act,
pages 51 and 62, respectively.
For revisions of functions and status of the Council, see
Reorganization Plan No. 4 of 1965 (sec. 16, sec. 3(a) and sec. 3(b)).
See also Executive Order 11269.
\7\ The material following ``Federal Reserve System,'' read as
follows in the original Act: ``and the Chairman of the Board of
Trustees of the Export-Import Bank of Washington''. Sec. 4(a) has been
amended as follows:
(1) The Economic Corporation Act of 1948 (62 Stat. 141), sec. 106
of which amended sec. 4(a) so as to include the Administrator for
Economic Cooperation ``during such period as the Economic Cooperation
Administration shall continue to exist'';
(2) The Mutual Security Act of 1951 (65 Stat. 378), sec. 501(e)(2)
of which amended sec. 4(a), by striking out ``Economic Cooperation
Administration'' and ``Administrator for Economic Cooperation'' and
inserting in lieu thereof ``Mutual Security Agency'' and ``Director for
Mutual Security'', respectively;
(3) Reorganization Plan No. 5 of 1953, effective June 30, 1953 (67
Stat. 637), sec. 7 of which abolished the function of the Chairman of
the Board of Directors of the Export-Import Bank of Washington of being
a member of the National Advisory Council;
(4) Reorganization Plan No. 7 of 1953, effective August 1, 1953 (67
Stat. 6400), sec. 4 of which provided that the Director of the Foreign
Operations Administration should be a member of the National Advisory
Council; and
(5) Public Law 83-570 (68 Stat. 677, 678), sec. 2 of which inserted
the part of the text quoted above following ``the Federal Reserve
System''.
Executive Order 10610 (20 F.R. 3179; effective July 1, 1955),
abolished the Foreign Operations Administration and the Office of
Director of the Foreign Operations Administration, and the membership
of the Director of the Foreign Operations Administration on the
National Advisory Council thereby expired by operation of law effective
on that date.
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(b)(1) The Council, after consultation with the
representatives of the United States on the Fund and the Bank,
shall recommend to the President general policy directives for
the guidance of the representatives of the United States on the
Fund and the Bank.
(2) The Council shall advise and consult with the President
and the representatives of the United States on the Fund and
the Bank on major problems arising in the administration of the
Fund and the Bank.
(3) The Council shall coordinate, by consultation or
otherwise, so far as is practicable, the policies and
operations of the representatives of the United States on the
Fund and the Bank, the Export-Import Bank of Washington and all
other agencies of the Government to the extent that they make
or participate in the making of foreign loans or engage in
foreign, financial, exchange or monetary transactions.
(4) Whenever, under the Articles of Agreement of the Fund
or the Articles of Agreement of the Bank, the approval, consent
or agreement of the United States is required before an act may
be done by the respective institutions, the decision as to
whether such approval, consent, or agreement, shall be given or
refused shall (to the extent such decision is not prohibited by
section 5 of this Act) be made by the Council, under the
general direction of the President. No governor, executive
director, or alternate representing the United States shall
vote in favor of any waiver of condition under article V,
section 4, or in favor of any declaration of the United States
dollar as a scarce currency under article VII, section 3, of
the Articles of Agreement of the Fund, without prior approval
of the Council.
(5) \8\ The Council shall make such reports and
recommendations to the President as he may from time to time
request, or as the Council may consider necessary to more
effectively or efficiently accomplish the purposes of this Act
or the purposes for which the Council is created.
---------------------------------------------------------------------------
\8\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(d)(1)
of the International Development and Finance Act of 1989 (Public Law
101-240; 103 Stat. 2518) repealed clauses (5) and (6), and redesignated
clauses (7) and (8) as clauses (5) and (6), respectively. Clauses (5)
and (6) formerly read as follows:
``(5) The Council shall transmit to the President and to the
Congress an annual report with respect to the participation of the
United States in the Fund and Bank.
``(6) Each such report shall contain such data concerning the
operations and policies of the Fund and Bank, such recommendations
concerning the Fund and Bank, and such other data and material as the
Council may deem appropriate.''.
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(6) \8\ The general policy objectives of the guidance of
the United States Executive Director of the Bank shall take
into account the effect that development assistance loans have
upon individual industry sectors and international commodity
markets--
(A) to minimize projected adverse impacts; and
(B) to avoid, wherever possible, government
subsidization of production and exports of
international commodities without regard to economic
conditions in the markets for such commodities.
(c) The representatives of the United States on the Fund
and the Bank, and the Export-Import Bank of Washington (and all
other agencies of the Government to the extent that they make
or participate in the making of foreign loans or engage in
foreign financial, exchange or monetary transactions) shall
keep the Council fully informed of their activities and shall
provide the Council with such further information or data in
their possession as the Council may deem necessary to the
appropriate discharge of its responsibilities under this Act.
certain acts not to be taken without authorization
Sec. 5.\9\ Unless Congress by law authorizes such action,
neither the President nor any person or agency shall on behalf
of the United States (a) request or consent to any change in
the quota of the United States under article III, section 2(a),
of the Articles of Agreement of the Fund; (b) propose a par
value for the United States dollar under paragraph 2, paragraph
4, or paragraph 10 of schedule C of the Articles of Agreement
of the Fund; (c) propose any change in the par value of the
United States dollar under paragraph 6 of schedule C of the
Articles of Agreement of the Fund, or approve any general
change in par values under paragraph 11 of schedule C; (d)
subscribe to additional shares of stock under article II,
section 3, of the Articles of Agreement of the Bank; (e) accept
any amendment under article XXVIII of the Articles of Agreement
of the Fund on article VIII of the Articles of Agreement of the
Bank; (f) make any loan to the Fund or the Bank; or (g) \10\
approve any disposition of Fund gold, unless the Secretary
certifies to the Congress that such disposition is necessary
for the Fund to restitute gold to its members, or for the Fund
to provide liquidity that will enable the Fund to meet member
country claims on the Fund or to meet threats to the systemic
stability of the international financial system. Unless
Congress by law authorizes such action, no governor or
alternate appointed to represent the United States shall vote
for an increase of capital stock of the Bank under article II,
section 2, of the Articles of Agreement of the Bank, if such
increase involves an increased subscription on the part of the
United States.\11\ Neither the President nor any person or
agency shall, on behalf of the United States, consent to any
borrowing (other than borrowing from a foreign government or
other official public source) by the Fund or funds denominated
in United States dollars, unless the Secretary of the Treasury
transmits a notice of such proposed borrowing to both Houses of
the Congress at least 60 days prior to the date on which such
borrowing is scheduled to occur.\12\
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\9\ 22 U.S.C. 286c. Upon entry into force on April 1, 1978, of the
amendments to the Articles of Agreement of the IMF, the first sentence
of sec. 5, as provided for by sec. 3 of Public Law 94-564, was amended
and restated. It formerly read as follows:
``Unless Congress by law authorizes such action, neither the
President nor any person or agency shall on behalf of the United States
(a) request or consent to any change in the quota of the United States
under article III, section 2, of the Articles of Agreement of the Fund;
(b) propose or agree to any change in the par value of the United
States dollar under article IV, section 5, or article XX, section 4, of
the Articles of Agreement of the Fund, or approve any general change in
par values under article IV, section 7; (c) subscribe to additional
shares of stock under article II, section 3, of the Articles of
Agreement of the Bank; (d) accept any amendment under article XVII of
the Articles of Agreement of the Fund or article VIII of the Articles
of Agreement of the Bank; (e) make any loan to the Fund or the Bank.''.
\10\ Clause (g), which had been added as part of the amendment
described in footnote 9, was further amended by sec. 4(a)(1) of Public
Law 95-147 (91 Stat. 1228) to read ``approve either the disposition of
more than 25 million ounces of Fund gold for the benefit of the Trust
Fund established by the Fund on May 6, 1976, or the establishment of
any additional trust fund whereby resources of the International
Monetary Fund would be used for the special benefit of a single member,
or of a particular segment of the membership, of the Fund.'' Although
it never became effective, the original clause (g) read as follows:
``(g) approve the establishment of any additional trust fund, for
the special benefit of a single member, or of a particular segment of
the membership, of the Fund.''.
Sec. 504(d)(1) of Public Law 106-113 (113 Stat. 1501A-317) further
amended clause (g) by striking the clause as read above and inserting
``approve any disposition of Fund gold, unless the Secretary certifies
to the Congress that such disposition is necessary for the Fund to
restitute gold to its members, or for the Fund to provide liquidity
that will enable the Fund to meet member country claims on the Fund or
to meet threats to the systemic stability of the international
financial system.''
\11\ Sec. 1(2) of Public Law 89-126 (79 Stat. 519) inserted ``, if
such increase involves an increased subscription on the part of the
United States''.
\12\ Sec. 811 of Public Law 98-181 (97 Stat. 1274) added this
sentence.
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depositories
Sec. 6.\13\ Any Federal Reserve Bank which is requested to
do so by the Fund or the Bank shall act as its depository or
its fiscal agent, and the Board of Governors of the Federal
Reserve System shall supervise and direct the carrying out of
these functions by the Federal Reserve banks.
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\13\ 22 U.S.C. 286d.
---------------------------------------------------------------------------
payment of subscriptions
Sec. 7. (a) Subsection (c) of section 10 of the Gold
Reserve Act of 1934, as amended (U.S.C. title 31, sec.
822a),\14\ is amended to read as follows:
---------------------------------------------------------------------------
\14\ Public Law 97-258 recodified title 31, U.S.C., and sec. 822a
became sec. 5302. Public Law 97-258, in redesignating sec. 822a as sec.
5302, also amended the text, and the amendment made to subsec. (c) by
this section was omitted.
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``(c) The Secretary of the Treasury is directed to use
$1,800,000,000 of the fund established in this section to pay
part of the subscription of the United States to the
International Monetary Fund; and any repayment thereof shall be
covered into the Treasury as a miscellaneous receipt.''.
(b) \15\ The Secretary of the Treasury is authorized to pay
the balance \16\ of the subscription of the United States to
the Fund not provided for in subsection (a) and to pay the
subscription of the United States to the Bank from time to time
when payments are required to be made to the Bank. For the
purpose of making these payments, the Secretary of the Treasury
is authorized to use as a public-debt transaction
$8,675,000,000 \16\ of the proceeds of any securities hereafter
issued under the Second Liberty Bond Act, as amended, and the
purposes for which securities may be issued under that Act are
extended to include such purpose. Payment under this subsection
of the subscription of the United States to the Fund or the
Bank and repayments thereof shall be treated as public-debt
transactions of the United States.
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\15\ 22 U.S.C. 286e.
\16\ Sec. 2 of Public Law 86-48 (73 Stat. 80) struck out ``of
$950,000,000'' after ``authorized to pay the balance'', and struck out
``$4,125,000,000'' and inserted in lieu thereof ``$8,675,000,000''.
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(c) For the purpose of keeping to a minimum the cost to the
United States of participation in the Fund and the Bank, the
Secretary of the Treasury, after paying the subscription of the
United States to the Fund, and any part of the subscription of
the United States to the Bank required to be made under article
II, section 7(i), of the Articles of Agreement of the Bank, is
authorized and directed to issue special notes of the United
States from time to time at par and to deliver such notes to
the Fund and the Bank in exchange for dollars to the extent
permitted by the respective Articles of Agreement. The special
notes provided for in this subsection shall be issued under the
authority and subject to the provisions of the Second Liberty
Bond Act, as amended, and the purposes for which securities may
be issued under that Act are extended to include the purposes
for which special notes are authorized and directed to be
issued under the subsection, but such notes shall bear no
interest, shall be non-negotiable, and shall be payable on
demand of the Fund or the Bank, as the case may be. The face
amount of special notes issued to the Fund under the authority
of this subsection and outstanding at any one time shall not
exceed in the aggregate the amount of the subscription of the
United States actually paid to the Fund and the dollar
equivalent of currencies and gold which the United States shall
have purchased from the Fund in accordance with Articles of
Agreement,\17\ and the face amount of such notes issued to the
Bank and outstanding at any one time shall not exceed in the
aggregate the amount of the subscription of the United States
actually paid to the Bank under article II, section 7(i), of
the Articles of Agreement of the Bank.
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\17\ Sec. 2 of Public Law 87-490 (76 Stat. 105) inserted ``and the
dollar equivalent of currencies and gold which the United States shall
have purchased from the Fund in accordance with Articles of
Agreement''.
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(d) Any payment made to the United States by the Fund or
the Bank as a distribution of net income shall be covered into
the Treasury as a miscellaneous receipt.
obtaining and furnishing information
Sec. 8.\18\ (a) Whenever a request is made by the Fund to
the United States as a member to furnish data under article
VIII, section 5, of the Articles of Agreement, of the Fund, the
President may, through any agency he may designate, require any
person to furnish such information as the President may
determine to be essential to comply with such request. In
making such determination the President shall seek to collect
the information only in such detail as is necessary to comply
with the request of the Fund. No information so acquired shall
be furnished to the Fund in such detail that the affairs of any
person are disclosed.
---------------------------------------------------------------------------
\18\ 22 U.S.C. 286f.
---------------------------------------------------------------------------
(b) In the event any person refuses to furnish such
information when requested to do so, the President, through any
designated governmental agency, may by subpoena require such
person to appear and testify or to appear and produce records
and other documents, or both. In case of contumacy by, or
refusal to obey a subpoena served upon any such person, the
district court for any district in which such person is found
or resides or transacts business, upon application by the
President or any governmental agency designated by him, shall
have jurisdiction to issue an order requiring such person to
appear and give testimony or appear and produce records and
documents, or both; and any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(c) It shall be unlawful for any officer or employee of the
Government, or for any adviser or consultant to the Government,
to disclose, otherwise than in the course of official duty, any
information obtained under this section, or to use such
information for his personal benefit. Whoever violates any of
the provisions of this subsection shall, upon conviction, be
fined not more than, $5,000, or imprisoned for not more than
five years, or both.
(d) The term ``person'' as used in this section means an
individual, partnership, corporation or association.
financial transactions with foreign governments in default
Sec. 9. The Act entitled ``An Act to prohibit financial
transactions with any foreign government in default of its
obligations to the United States'', approved April 13, 1934
(U.S.C. title 31, sec. 804a),\19\ is amended by adding at the
end thereof a new section to read as follows:
---------------------------------------------------------------------------
\19\ Sec. 21 of the Act of June 25, 1948 (62 Stat. 862) repealed 31
U.S.C. 804a. Matters related to financial transactions with foreign
governments in default to the United States are now covered by 18
U.S.C. 955.
---------------------------------------------------------------------------
``Sec. 3. While any foreign government is a member both of
the International Monetary Fund and of the International Bank
for Reconstruction and Development, this Act shall not apply to
the sale or purchase of bonds, securities, or other obligations
of such government or any political subdivision thereof or of
any organization or association acting for or on behalf of such
government or political subdivision, or to the making of any
loan to such government, political subdivision, organization,
or association.''.
jurisdiction and venue of actions
Sec. 10.\20\ For the purpose of any action which may be
brought within the United States or its Territories or
possessions by or against the Fund or the Bank in accordance
with the Articles of Agreement of the Fund or the Articles of
Agreement of the Bank, the Fund or the Bank, as the case may
be, shall be deemed to be an inhabitant of the Federal judicial
district in which its principal office in the United States is
located, and any such action at law or in equity to which
either the Fund or the Bank shall be a party shall be deemed to
arise under the laws of the United States, and the district
courts of the United States shall have original jurisdiction of
any such action. When either the Fund or the Bank is a
defendant in any such action, it may, at any time before the
trial thereof, remove such action from a State court into the
district court of the United States for the proper district by
following the procedure for removal of causes otherwise
provided by law.
---------------------------------------------------------------------------
\20\ 22 U.S.C. 286g.
---------------------------------------------------------------------------
status, immunities and privileges
Sec. 11.\21\ The provisions of article IX, sections 2 to 9,
both inclusive, and the first sentence of article VIII, section
2(b), of the Articles of Agreement of the Fund, and the
provisions of article VI, section 5(i), and article VII,
sections 2 to 9, both inclusive, of the Articles of Agreement
of the Bank, shall have full force and effect in the United
States and its Territories and possessions upon acceptance of
membership by the United States in, and the establishment of,
the Fund and the Bank, respectively.
---------------------------------------------------------------------------
\21\ 22 U.S.C. 286h.
---------------------------------------------------------------------------
stabilization loans by the bank
Sec. 12.\22\ The governor and executive director of the
Bank appointed by the United States are hereby directed to
obtain promptly an official interpretation by the Bank as to
its authority to make or guarantee loans for programs of
economic reconstruction and the reconstruction of monetary
systems, including loan-term stabilization loans. If the Bank
does not interpret its powers to include the making or
guaranteeing of such loans, the governor of the Bank
representing the United States is hereby directed to propose
promptly and support an amendment to the Articles of Agreement
for the purpose of explicitly authorizing the Bank, after
consultation with the Fund, to make or guarantee such loans.
The President is hereby authorized and directed to accept an
amendment to that effect on behalf of the United States.
---------------------------------------------------------------------------
\22\ 22 U.S.C. 286i.
---------------------------------------------------------------------------
stabilization operations by the fund
Sec. 13.\23\ (a) The governor and executive director of the
Fund appointed by the United States are hereby directed to
obtain promptly an official interpretation by the Fund as to
whether its authority to use its resources extends beyond
current monetary stabilization operations to afford temporary
assistance to members in connection with seasonal, cyclical,
and emergency fluctuations in the balance of payments of any
member for current transactions, and whether it has authority
to use its resources to provide facilities for relief,
reconstruction, or armaments, or to meet a large or sustained
outflow of capital on the part of any member.
---------------------------------------------------------------------------
\23\ 22 U.S.C. 286j.
---------------------------------------------------------------------------
(b) If the interpretation by the Fund answers in the
affirmative any of the questions stated in subsection (a), the
governor of the Fund representing the United States is hereby
directed to propose promptly and support an amendment to the
Articles of Agreement for the purpose of expressly negativing
such interpretation. The President is hereby authorized and
directed to accept an amendment to that effect on behalf of the
United States.
further promotion of international economic relations
Sec. 14.\24\ (a) \25\ In the realization that additional
measures of international economic cooperation are necessary to
facilitate the expansion and balanced growth of international
trade and render most effective the operations of the Fund and
the Bank, it is hereby declared to be the policy of the United
States to seek to bring about further agreement and cooperation
among nations and international bodies, as soon as possible, on
ways and means which will best reduce obstacles to and
restrictions upon international trade, eliminate unfair trade
practices, promote mutually advantageous commercial relations,
and otherwise facilitate the expansion and balanced growth of
international trade and promote the stability of international
economic relations. In considering the policies of the United
States in foreign lending and the policies of the Fund and the
Bank, particularly in conducting exchange transactions, the
Council and the United States representatives on the Fund and
the Bank shall give careful consideration to the progress which
has been made in achieving such agreement and cooperation.
---------------------------------------------------------------------------
\24\ 22 U.S.C. 286k.
\25\ Sec. 4(a)(2) of Public Law 95-147 (91 Stat. 1228) added
subsection designation ``(a)'' and a new subsec. (b).
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(b) \25\ The President shall, upon the request of any
committee of the Congress with legislative or oversight
jurisdiction over monetary policy or the International Monetary
Fund, provide to such committee any appropriate information
relevant to that committee's jurisdiction which is furnished to
any department or agency of the United States by the
International Monetary Fund. The President shall comply with
this provision consistent with United States membership
obligations in the International Monetary Fund and subject to
such limitations as are appropriate to the sensitive nature of
the information.
Sec. 15.\26\ (a) Any securities issued by International
Bank for Reconstruction and Development (including any guaranty
by the Bank, whether or not limited in scope), and any
securities guaranteed by the Bank as to both principal and
interest, shall be deemed to be exempted securities within the
meaning of paragraph (A)(2) of section 3 of the Act of May 27,
1933, as amended (U.S.C., title 15, sec. 77c), and paragraph
(a)(12) of section 3 of the Act of June 6, 1934, as amended
(U.S.C., title 15, sec. 78c). The Bank shall file with the
Securities and Exchange Commission such annual and other
reports with regard to such securities as the Commission shall
determine to be appropriate in view of the special character of
the Bank and its operations and necessary in the public
interest for the protection of investors.
---------------------------------------------------------------------------
\26\ 22 U.S.C. 286k-1. Sec. 2 of Public Law 81-142 (63 Stat. 298-
299) added sec. 15.
---------------------------------------------------------------------------
(b) \27\ * * * [Repealed--1989]
---------------------------------------------------------------------------
\27\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(d)(1)
of the International Development and Finance Act of 1989 (Public Law
101-240; 103 Stat. 2518) repealed sec. 15(b), which read as follows:
``The reports of the National Advisory Council provided for in
section 4(a)(6) of the Bretton Woods Agreements Act shall also cover
and include the effectiveness of the provisions of section 15(a) of
this Act and the exemption for securities issued by the Bank provided
by Section 8 of the National Bank Act in facilitating the operations of
the Bank and the extent to which the operations of the Bank may assist
in financing European recovery and the reconstruction and development
of the economic resources of member countries of the Bank and the
recommendations of the Council as to any modifications it may deem
desirable in the provisions of this Act.''.
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Sec. 16.\28\ (a) The United States Governor of the Fund is
authorized to request and consent to an increase of
$1,375,000,000 in the quota of the United States under article
III, section 2, of the articles of agreement of the Fund as
proposed in the resolution of the Board of Governors of the
Fund dated February 2, 1959.
---------------------------------------------------------------------------
\28\ 22 U.S.C. 286e-1.
---------------------------------------------------------------------------
(b) The United States Governor of the Bank is authorized
(1) to vote for increases in the capital stock of the Bank
under article II, section 2, of the Articles of Agreement of
the Bank, as recommended in the resolution of the Board of
Governors of the Bank dated February 2, 1959, and (2) if such
increases become effective to subscribe on behalf of the United
States to thirty-one thousand seven hundred and fifty
additional shares of stock under article II, section 3, of the
Articles of Agreement of the Bank.
Sec. 17.\29\ (a) In order to carry out the purposes of the
decision of January 5, 1962, and February 24, 1983, and January
27, 1997,\30\ as amended in accordance with their terms,\31\ of
the Executive Directors of the International Monetary Fund, the
Secretary of the Treasury is authorized to make loans, in an
amount not to exceed the equivalent of 6,712,000,000 \32\
Special Drawing Rights, limited to such amounts as are provided
in advance in appropriations Acts,\33\ except that prior to
activation, the Secretary of the Treasury shall certify that
supplementary resources are needed to forestall or cope with an
impairment of the international monetary system and that the
Fund has fully explored other means of funding,\34\ to the Fund
under article VII, section 1(i),\35\ of the Articles of
Agreement of the Fund. Any loan under the authority granted in
this subsection shall be made with due regard to the present
and prospective balance of payments and reserve position of the
United States.
---------------------------------------------------------------------------
\29\ 22 U.S.C. 286e-z. Public Law 87-490 (76 Stat. 105) added sec.
17.
\30\ Sec. 609(1)(A) of Public Law 105-277 (112 Stat. 2681-224)
struck out ``and February 24, 1983'' and inserted in lieu thereof
``February 24, 1983, and January 27, 1997''.
\31\ Sec. 802(a)(1) of Public Law 98-181 (97 Stat. 1268) inserted
``and February 24, 1983, as amended in accordance with their terms,''.
\32\ Sec. 609(1)(B) of Public Law 105-277 (112 Stat. 2681-224)
struck out ``4,250,000,000'' and inserted in lieu thereof
``6,712,000,000''.
\33\ Sec. 1101(b) of Public Law 98-181 (97 Stat. 1287) appropriated
for an increase in loans to the IMF under the General Arrangements to
Borrow, the dollar equivalent of 4,250 million Special Drawing Rights,
less $2 billion previously appropriated by Public Law 87-872.
\34\ Sec. 802(a)(1) of Public Law 98-181 (97 Stat. 1268) struck out
``not to exceed $2,000,000,000 outstanding at any one time'' and
inserted in lieu thereof the words to this point beginning with ``in an
amount not to exceed the equivalent of''.
\35\ Upon entry into force of the amendments to the Articles of
Agreement of the IMF on April 1, 1978, this reference to sec. 1(i) was
substituted in lieu of a reference to sec. 2(i), as had been provided
for by sec. 4 of Public Law 94-564.
---------------------------------------------------------------------------
(b) For the purpose of making loans to the International
Monetary Fund pursuant to this section, there is hereby
authorized to be appropriated 6,712,000,000 Special Drawing
Rights, except that prior to activation, the Secretary of the
Treasury shall certify whether supplementary resources are
needed to forestall or cope with an impairment of the
international monetary system and that the Fund has fully
explored other means of funding,\36\ to remain available until
expended to meet calls by the International Monetary Fund. Any
payments made to the United States by the International
Monetary Funds as a repayment on account of the principal of a
loan made under this section shall continue to be available for
loans to the International Monetary Fund.
---------------------------------------------------------------------------
\36\ Sec. 802(a)(2) of Public Law 98-181 (97 Stat. 1268) struck out
``$2,000,000,000'' and inserted in lieu thereof ``4,2500,000,000
Special Drawing Rights, except that prior to activation, the Secretary
of the Treasury shall certify whether supplementary resources are
needed to forestall or cope with an impairment of the international
monetary system and that the Fund has fully explored other means of
funding,''.
Sec. 609(2) of Public Law 105-277 (112 Stat. 2681-224) subsequently
struck out ``4,250,000,000'' and inserted in lieu thereof
``6,712,000,000''.
---------------------------------------------------------------------------
(c) Payments of interest and charges to the United States
on account of any loan to the International Monetary Fund shall
be covered into the Treasury as miscellaneous receipts. In
addition to the amount authorized in subsection (b), there is
hereby authorized to be appropriated such amounts as may be
necessary for the payment of charges in connection with any
purchases of currencies or gold by the United States from the
International Monetary Fund.
(d) \37\ Unless the Congress by law so authorizes, neither
the President, the Secretary of the Treasury, nor any other
person acting on behalf of the United States, may instruct the
United States Executive Director to the Fund to consent to any
amendment to the Decision of February 24, 1983, or the Decision
of January 27, 1997,\38\ of the Executive Directors of the
Fund, if the adoption of such amendment would significantly
alter the amount, terms, or conditions of participation by the
United States in the General Arrangements to Borrow or the New
Arrangements to Borrow, as applicable.\39\
---------------------------------------------------------------------------
\37\ Sec. 802(a)(3) of Public Law 98-181 (97 Stat. 1268) added
subsec. (d).
\38\ Sec. 609(3)(A) of Public Law 105-277 (112 Stat. 2681-224)
inserted ``or the Decision of January 27, 1997,'' after February 24,
1983,''.
\39\ Sec. 609(3)(B) of Public Law 105-277 (112 Stat. 2681-224)
inserted ``or the New Arrangements to Borrow, as applicable'' before
the period.
---------------------------------------------------------------------------
Sec. 18.\40\ Any purchases of currencies or gold by the
United States from the International Monetary Fund may be
transferred to and administered by the Fund established by
section 10 of the Gold Reserve Act of 1934, as amended (31
U.S.C. 822a),\41\ for use in accordance with the provisions of
that section. The Secretary of the Treasury is authorized to
utilize the resources of that fund for the purpose of any
repayments in connection with such transactions.
---------------------------------------------------------------------------
\40\ 22 U.S.C. 286-3. Public Law 87-490 (76 Stat. 105) added sec.
18.
\41\ Public Law 97-258 recodified title 31, U.S.C., and sec. 822a
became sec. 5302.
---------------------------------------------------------------------------
Sec. 19.\42\ The United States Governor of the Bank is
authorized to vote for an increase of $1,000,000,000 in the
authorized capital stock of the Bank under Article II, section
2, of the Articles of Agreement of the Bank, as recommended in
the report, dated November 6, 1962, to the Board of Governors
of the Bank by the Bank's Executive Directors.
---------------------------------------------------------------------------
\42\ 22 U.S.C. 286e-1a. Public Law 88-178 (77 Stat. 234) added sec.
19.
---------------------------------------------------------------------------
Sec. 20.\43\ (a) The United States Governor of the Fund is
authorized to consent to an increase of $1,035,000,000 in the
quota of the United States in the Fund.
---------------------------------------------------------------------------
\43\ 22 U.S.C. 286e-1b. Public Law 89-31 (79 Stat. 119) added sec.
20.
---------------------------------------------------------------------------
(b) In order to pay the increase in the United States
subscription to the Fund provided for in this section, there is
hereby authorized to be appropriated $1,035,000,000, to remain
available until expended.
Sec. 21.\44\ The United States Governor of the Bank is
authorized to agree to an amendment to the Articles of
Agreement of the Bank to permit the Bank to make, participate
in, or guarantee loans to the International Finance Corporation
for use in the lending operations of the latter.
---------------------------------------------------------------------------
\44\ 22 U.S.C. 286e-4. Public Law 89-126 (79 Stat. 519) added sec.
21.
---------------------------------------------------------------------------
Sec. 22.\45\ (a) The United States Governor of the Bank is
authorized to consent to an increase of $1,540,000,000 in the
quota of the United States in the Fund.
---------------------------------------------------------------------------
\45\ 22 U.S.C. 286e-1c. Public Law 91-599 (84 Stat. 1657) added
sec. 22.
---------------------------------------------------------------------------
(b) In order to pay the increase in the United States quota
in the Fund provided for in this section, there is hereby
authorized to be appropriated $1,540,000,000, to remain
available until expended.
Sec. 23.\46\ (a) The United States Governor of the Bank is
authorized (1) to vote for an increase of $3,000,000,000 in the
authorized capital stock of the Bank, and (2) if such increase
becomes effective, to subscribe on behalf of the United States
to two thousand four hundred and sixty-one additional shares of
the capital stock of the Bank.
---------------------------------------------------------------------------
\46\ 22 U.S.C. 286e-1d. Public Law 91-599 (84 Stat. 1657) added
sec. 23.
---------------------------------------------------------------------------
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there is
hereby authorized to be appropriated $246,100,000 to remain
available until expended.
Sec. 24.\47\ The United States Governor of the Bank is
authorized to accept the amendments to the Articles of
Agreement of the Fund approved in resolution numbered 31-4 of
the Board of Governors of the Fund.
---------------------------------------------------------------------------
\47\ 22 U.S.C. 286e-5. Sec. 1 of Public Law 94-564 (90 Stat. 2660)
added sec. 24.
---------------------------------------------------------------------------
Sec. 25.\48\ The United States Governor of the Bank is
authorized to consent to an increase in the quota of the United
States in the Fund equivalent to 1,705 million Special Drawing
Rights.
---------------------------------------------------------------------------
\48\ 22 U.S.C. 286e-1e. Sec. 1 of Public Law 94-564 (90 Stat. 2660)
added sec. 25.
---------------------------------------------------------------------------
Sec. 26.\49\ The United States Governor of the Bank is
directed to vote against the establishment of a Council
authorized under Article XII, Section 1 of the Fund Articles of
Agreement as amended, if under any circumstances the United
States' vote in the Council would be less than its weighted
vote in the Fund.
---------------------------------------------------------------------------
\49\ 22 U.S.C. 286e-6. Sec. 1 of Public Law 94-564 (90 Stat. 2660)
added sec. 26.
---------------------------------------------------------------------------
Sec. 27.\50\ (a) The United States Governor of the Bank is
authorized--
---------------------------------------------------------------------------
\50\ 22 U.S.C. 286e-1f. Sec. 201 of Public Law 95-118 (91 Stat.
1067) added sec. 27.
---------------------------------------------------------------------------
(1) to vote for an increase of seventy thousand
shares in the authorized capital stock of the Bank; and
(2) if such increase becomes effective, to subscribe
on behalf of the United States to thirteen thousand and
five additional shares of the capital stock of the
Bank: Provided, however, That any subscription to
additional shares shall be effective only to such
extent or in such amounts as are provided in advance in
appropriation Acts.\51\
---------------------------------------------------------------------------
\51\ Sec. 1312 of Public Law 97-35 (95 Stat. 740) amended and
restated the proviso clause in para. (2). It formerly read as follows:
``That any subscription to additional shares shall be made only after
the amount required for such description has been appropriated.''.
---------------------------------------------------------------------------
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there
are hereby authorized to be appropriated, without fiscal year
limitations, $1,568,856,318 for payment by the Secretary of the
Treasury.\52\
---------------------------------------------------------------------------
\52\ U.S. payments for this increase were made in the following
amounts and Public Laws: fiscal year 1978--$380 million ($38 million
paid-in capital; $342 million callable capital) (Public Law 95-148);
fiscal year 1979--$163.1 million ($16.3 million paid-in capital; $146.8
million callable capital) (Public Law 95-481); fiscal year 1980--$163.1
million ($16.3 million paid-in capital; $146.8 million callable
capital) (Public Law 96-123); fiscal year 1981--$328 million ($32.8
million paid-in capital; $295.2 million callable capital) (Public Law
96-536); fiscal year 1982 $371.7 million ($37.2 million paid-in
capital; $334.5 million callable capital) (Public Law 97-121); fiscal
year 1983--$163.2 million ($16.3 million paid-in capital; $146.9
million callable capital) (Public Law 97-377).
---------------------------------------------------------------------------
Sec. 28.\53\ (a) For the purpose of participation of the
United States in the Supplementary Financing Facility
(hereinafter referred to as the ``facility'') established by
the decision numbered 5508-(77/127) of the Executive Directors
of the Fund, the Secretary of the Treasury is authorized to
make resources available as provided in the decision numbered
5509-(77/127) of the Fund, in an amount not to exceed the
equivalent of 1,450 million Special Drawing Rights.
---------------------------------------------------------------------------
\53\ 22 U.S.C. 286e-7. Sec. 1 of Public Law 95-435 (92 Stat. 1051)
added sec. 28.
---------------------------------------------------------------------------
(b) The Secretary of the Treasury shall account, through
the Fund established by section 10 of the Gold Reserve Act of
1934 (31 U.S.C. 822a), for any adjustment in the value of
monetary assets held by the United States in respect to United
States participation in the facility.
(c) Notwithstanding any other provision of this section,
the authority of the Secretary to enter into agreements making
resources available under this section shall be limited to such
amounts as are appropriated in advance in appropriation Acts.
Effective October 1, 1978, there are hereby authorized to be
appropriated to the Secretary of the Treasury, without fiscal
year limitation, such sums as are necessary to carry out
subsection (a) of this section, but not to exceed an amount of
dollars equivalent to 1,450 million Special Drawing Rights.\54\
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\54\ Title V of Public Law 95-481 (92 Stat. 1600) stated:
``For the purpose of participation by the United States, in an
amount equivalent to 1,450,000,000 Special Drawing Rights, in the
Supplementary Financing Facility established by decision numbered 5508-
(77/127) of the Executive Directors of the Fund, as provided in the
decision numbered 5509-(77/127) of the Fund, and for the expenditures
resulting therefrom, not to exceed $1,831,640,000, to remain available
until the termination of the facility:''.
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Sec. 29.\55\ The Secretary of the Treasury shall instruct
the United States executive director to seek to assure that no
decision by the International Monetary Fund \56\ undermines or
departs from United States policy regarding the comparability
of treatment of public and private creditors in cases of debt
rescheduling where official United States credits are involved.
---------------------------------------------------------------------------
\55\ 22 U.S.C. 286e-8. Sec. 3 of Public Law 95-435 (92 Stat. 1052)
added sec. 29.
\56\ Sec. 5 of Public Law 96-389 (94 Stat. 1554) struck out ``on
the use of the facility'' after ``International Monetrary Fund''.
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Sec. 30.\57\ The Secretary of the Treasury shall instruct
the United States executive director on the Executive Board of
the International Monetary Fund to initiate a wide consultation
with the managing director of the Fund and other member country
executive directors with regard to encouraging the staff of the
Fund to formulate stabilization programs \58\ which, to the
maximum feasible extent, foster a broader base of productive
investment and employment, especially in those productive
activities which are designed to meet basic human needs.
---------------------------------------------------------------------------
\57\ 22 U.S.C. 286e-9. Sec. 4 of Public Law 95-435 (92 Stat. 1052)
added sec. 30. Sec. 541(f)(2) of International Development and Finance
Act of 1989 (Public Law 101-240; 103 Stat. 2518) struck out subsec.
designation ``(a)''.
\58\ Sec. 2(b) of Public Law 96-389 (94 Stat. 1553) struck out
``entered into pursuant to loans from the Supplementary Financing
Facility'' after ``stabilization programs''.
---------------------------------------------------------------------------
(b) \59\ * * * [Repealed--1989]
---------------------------------------------------------------------------
\59\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(d)(1)
of the International Development and Finance Act of 1989 (Public Law
101-240; 103 Stat. 2518) repealed subsec. (b). It formerly read as
follows:
``(b) In order to gain a better understanding of the social,
political and economic impact of the Fund's stabilization programs on
borrowing countries, especially as it relates to the poor majority
within those countries, the United States Governor of the Fund shall
prepare and submit, not later than 180 days after the close of each
calendar year, a report to the Congress. Such report shall evaluate, to
the maximum extent feasible, with respect to countries to which loans
are made during each year, the effects of policies of those countries
which result from the standby agreements on basic human needs in such
countries.''.
---------------------------------------------------------------------------
Sec. 31.\60\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\60\ Sec. 137(a)(1) of Public Law 97-35 (95 Stat. 746) repealed
sec. 31, which had required the Secretary of the Treasury to submit an
annual report to Congress on the status of human rights in countries
drawing on funds made available under the Supplementary Financing
Facility of the IMF. Originally added by sec. 4 of Public Law 95-435
(92 Stat. 1052). See sec. 701 of the International Financial
Institutions Act. See also sec. 116 of the Foreign Assistance Act of
1961 (Legislation on Foreign Relations Through 2005, vol. I-A) for a
reporting requirement on country human rights practices.
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Sec. 32.\61\ The United States Governor of the Fund is
authorized to consent to an increase in the quota of the United
States in the Fund equivalent to 4,202.5 million Special
Drawing Rights, limited to such amounts as are appropriated in
advance in appropriation Acts.\62\
---------------------------------------------------------------------------
\61\ 22 U.S.C. 286e-1g. Sec. 1 of Public Law 96-389 (94 Stat. 1551)
added sec. 32.
\62\ Sec. 11 of Public Law 96-389 (94 Stat. 1555) struck out ``to
such extent or in such amounts are provided in appropriation Acts'' and
inserted in lieu thereof ``limited to such amounts as are appropriated
in advance in appropriation Acts''.
Public Law 96-544 (94 Stat. 3213) provided: ``For an increase in
the United States quota in the International Monetary Fund, the dollar
equivalent of 4,202.5 million Special Drawing Rights (approximately
$5,537,839,000), to remain available until expended, and balances
equivalent to the current SDR value of the United States quota in the
Fund shall be merged with this appropriation.''.
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Sec. 33.\63\ (a) The President shall instruct the Secretary
of the Treasury, the Secretary of State, and other appropriate
Federal officials to use all appropriate means to encourage
countries, in formulating economic adjustment programs to deal
with their balance of payments difficulties, to design those
programs so as to safeguard, to the maximum feasible extent,
jobs, investment, real per capital income, policies to reduce
the gap in wealth between rich and poor, and social programs
such as health, housing, and education.
---------------------------------------------------------------------------
\63\ 22 U.S.C. 286s. Sec. 2(a) of Public Law 96-389 (94 Stat. 1551)
added sec. 33.
---------------------------------------------------------------------------
(b) To ensure the effectiveness of economic adjustment
programs supported by Fund resources and the reinforcement of
those programs by longer term efforts to promote sustained
growth and improved living conditions--
(1) United States representatives to the Fund shall
recommend and shall work for changes in Fund
guidelines, policies, and decisions that would--
(A) permit stand-by arrangements to be
extended beyond three years, as necessary to
enable Fund members to implement their economic
adjustment programs successfully;
(B) provide that in approving any economic
adjustment program the Fund shall take into
account the effect such program will have on
jobs, investment, real per capita income, the
gap in wealth between the rich and poor, and
social programs such as health, housing, and
education, in order to seek to minimize the
adverse impact of those adjustment programs on
basic human needs; and
(C) provide that letters of intent submitted
to the Fund in support of an economic
adjustment program reflect that the member
country has taken into account the effect such
program will have on the factors listed in
subparagraph (B);
(2)(A) before voting on the approval of any standby
arrangement with respect to any economic adjustment
program, the United States Executive Director shall
review--
(i) any analysis of factors prepared by the
Fund or the member country in accordance with
subparagraphs (B) and (C) of paragraph (1), or
(ii) if no such analysis is prepared and
available for such review, an analysis which
shall be prepared by the United States Governor
of the Fund which examines the effect of the
program on the factors listed in subparagraph
(B) of paragraph (1); and
(B) the United States Executive Director of the Fund
shall take into account the analysis reviewed pursuant
to subparagraph (A) of this paragraph in voting on
approval of that standby arrangement;
(3) United States representatives to the Fund, to the
Bank and to other appropriate institutions shall work
toward improving coordination among these institutions
and, in particular, shall work toward formulation of
programs in association with economic adjustment
programs supported by Fund resources which (A) will,
among other things, promote employment, investment,
real income per capita, improvements in income
distribution, and the objectives of social programs
such as health, housing, and education, and (B) will,
to the maximum extent feasible and consistent with the
borrowing country's need to improve its balance of
payments position within a reasonable period,
ameliorate any adverse effects of economic adjustment
programs on the poor;
(4) United States representatives to the Fund and the
Bank shall seek amendments to decisions on policies on
the use of Fund and Bank resources to provide that
where countries are seeking Extended Fund Facility or
upper credit tranche drawings from the Fund and are
eligible to receive financing from the Bank, the Fund
and Bank will coordinate their financing activities in
order--
(A) to take into account the effects of
economic adjustment programs on the areas
listed in clause (A) of paragraph (3),
(B) to provide, to the extent feasible, Bank
project loans designed to safeguard and further
basic human needs in countries adopting
economic adjustment programs supported by Fund
resources, and
(C) to provide, as appropriate, Bank
financing for programs of structural adjustment
that will facilitate development of a
productive economic base and greater attainment
of basic human needs objectives over the longer
term; and
(5) United States representatives to the Fund and the
Bank shall request the Fund and the Bank to provide
periodic analyses of the effects of economic adjustment
programs supported by Fund or Bank financing on jobs,
investment, real income per capita, income
distribution, and social programs such as health,
housing, and education.
(c) \64\ * * * [Repealed--1989]
---------------------------------------------------------------------------
\64\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(d)(1)
repealed subsec. (c). It formerly read as follows:
``(c) The National Advisory Council on International Monetary and
Financial Policies shall include in each of its annual reports to the
Congress a statement detailing the actions and progress made in
carrying out the requirements of subsections (a) and (b) of this
section.''.
---------------------------------------------------------------------------
Sec. 34.\65\ The Secretary of the Treasury, in consultation
with the United States Executive Director of the Fund, shall
study and, following consultations with member countries, shall
report to the Congress prior to May 15, 1981, with respect to--
---------------------------------------------------------------------------
\65\ 22 U.S.C. 286t. Sec. 4(b) of Public Law 96-389 (94 Stat. 1553)
added sec. 34.
---------------------------------------------------------------------------
(1) the current adequacy of Fund resources, together
with projected needs of the Fund over the next five
years;
(2) the feasibility of increasing Fund liquidity by
encouraging the Fund to borrow directly from the
governments of oil exporting countries;
(3) the feasibility of increasing Fund liquidity by
encouraging the Fund to borrow in private capital
markets through the issuance of securities backed by
Fund resources;
(4) the feasibility of an offer by the Fund of
incentives to oil exporting countries, including
financial guarantees by the Fund for government-to-
government loans to countries with balance-of-payments
deficits, in order to promote more direct recycling of
oil surpluses; and
(5) methods to enhance cooperation between commercial
banks and the Fund to promote the availability of
adequate resources for balance-of-payments financing.
Sec. 35.\66\ It is the sense of the Congress that the
Secretary of the Treasury and the United States Executive
Director of the Fund shall encourage member countries of the
Fund to negotiate a dollar-Special Drawing Rights substitution
account in which equitable burden sharing would exist among
participants in the account.
---------------------------------------------------------------------------
\66\ 22 U.S.C. 286u. Sec. 4(b) of Public Law 96-389 (94 Stat. 1554)
added sec. 35. A report required by sec. 35 from the Secretary of the
Treasury by May 15, 1981, concerning progress made in achieving the
goal stated in the section, was struck out by sec. 1371(a)(2) of Public
Law 97-35 (95 Stat. 746).
---------------------------------------------------------------------------
Sec. 36.\67\ It is the sense of the Congress that it is the
policy of the United States that Taiwan (before January 1,
1979, known as the Republic of China) shall be granted
appropriate membership in the Fund and that the United States
Executive Director of the Fund shall so notify the Fund.
---------------------------------------------------------------------------
\67\ 22 U.S.C. 286v. Sec. 6 of Public Law 96-389 (94 Stat. 1554)
added sec. 36.
---------------------------------------------------------------------------
Sec. 37.\68\ It is the policy of the United States that the
Palestine Liberation Organization should not be given
membership in the Fund or be given observer status or any other
official status at any meeting sponsored by or associated with
the Fund. The United States Executive Director of the Fund
shall promptly notify the Fund of such policy.
---------------------------------------------------------------------------
\68\ 22 U.S.C. 286w. Sec. 7 of Public Law 96-389 (94 Stat. 1554)
added sec. 37.
---------------------------------------------------------------------------
In the event that the fund provides either membership,
observer status, or any other official status to the Palestine
Liberation Organization, such action would result in a serious
diminution of United States support. Upon review of such
action, the President would be required to report his
recommendations to the Congress with regard to any further
United States participation in the Fund.\69\
---------------------------------------------------------------------------
\69\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
amended (Public Law 103-125; 107 Stat. 1309), authorized the President
to suspend certain provisions of law as they applied to the P.L.O. or
entities associated with it if certain conditions were met and the
President so certified and consulted with relevant congressional
committees. This authority was continued in the Middle East Peace
Facilitation Act of 1994 (Public Law 103-236), and again in the Middle
East Peace Facilitation Act of 1995 (Public Law 104-107).
The President issued certifications, as provided for in the 1993,
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
until July 1, 1995, by Presidential Determination No. 95-12 of December
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
F.R. 44725); until November 1, 1995, by Presidential Determination No.
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
57821); until March 31, 1996, by Presidential Determination No. 96-8 of
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
F.R. 32629); until February 12, 1997, by Presidential Determination No.
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
9903).
Authority to waive certain provisions is continued in general
provisions of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102); see secs.
534(d), 544, 547, and 550. See also sec. 555, restricting aid unless
the Secretary of State certifies that certain conditions have been met
pertaining to Palestinian statehood, sec. 558, prohibiting assistance
to the Palestinian Broadcasting Corporation, and sec. 559, West Bank
and Gaza Program.
On December 5, 1997, the President waived the provisions of sec.
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255);
further waived through November 26, 1998 (Presidential Determination
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999
(Presidential Determination No. 98-5; November 25, 1998; 63 F.R.
68145); through October 21, 1999 (Presidential Determination No. 99-25;
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65
F.R. 24852); through October 17, 2001 (Presidential Determination No.
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R.
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R.
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R.
62225).
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Sec. 38.\70\ It is the sense of the Congress that in
providing assistance through loans or other means to any
nation, in particular El Salvador and Nicaragua, the Fund and
the Bank should encourage programs which assist the private
sector to create an environment which will stabilize the
economy of the nation; and that the United States
representatives to the Fund and the Bank shall promote the use
of assistance by the Fund and the Bank to encourage such
programs.
---------------------------------------------------------------------------
\70\ 22 U.S.C. 286x. Sec. 8 of Public Law 96-389 (94 Stat. 1554)
added sec. 38.
---------------------------------------------------------------------------
Sec. 39.\71\ (a) The United States Governor of the Bank is
authorized--
---------------------------------------------------------------------------
\71\ 22 U.S.C. 286e-1h. Sec. 1311 of Public Law 97-35 (95 Stat.
740) added sec. 39.
---------------------------------------------------------------------------
(1) to vote to increase by three hundred and sixty-
five thousand shares the authorized capital stock of
the Bank; and
(2) to subscribe on behalf of the United States to
not more than seventy-three thousand and ten shares of
the capital stock of the Bank: Provided, however, That
not more than seven and one-half percent ($658,305,195)
of the price of the shares subscribed may be paid in to
the Bank on subscription, with the remainder of that
price ($8,149,256,155) being subject to call only when
a call on unpaid subscriptions is required to meet
obligations of the Bank for funds borrowed or on loans
guaranteed by it and not for use by the Bank in its
lending activities or for administrative expenses:
Provided further, That any subscription to such
additional shares shall be effective only to such
extent or in such amounts as are provided in advance in
appropriations Acts.
(b) In order to pay for the paid-in portion of the United
States subscription to the Bank provided for in this section,
there is authorized to be appropriated, without fiscal year
limitation, $658,305,195 for payment by the Secretary of the
Treasury: Provided further, That not more than $109,720,549 of
such sum may be made available for each of the fiscal years
1982, 1983, and 1984.\72\
---------------------------------------------------------------------------
\72\ U.S. payments for this increase were made in the following
amounts and Public Laws: fiscal year 1982--$1,462.9 million ($109.7
million paid-in capital; $1,353.2 million callable capital) (Public Law
97-121); fiscal year 1983--$1,463.1 million ($109.7 million paid-in
capital; $1,353.4 million callable capital) (Public Law 97-377); fiscal
year 1984--$1,062.9 million ($79.7 million paid-in capital; $983.2
million callable capital) (Public Law 98-151); fiscal year 1985--
$1,462.9 million ($109.7 million paid in capital; $1,353.2 million
callable capital) (Public Law 98-473); fiscal year 1985 supplemental--
$400 million ($30 million paid-in capital; $370 million callable
capital (Public Law 99-88); fiscal year 1986--$1,462.9 million ($109.7
million paid-in capital; $1.353.2 million callable capital) (Public Law
99-190), reduced by $4.7 million as a result of sequestration (Public
Law 99-177); fiscal year 1987--$744.1 million ($55.8 million paid-in
capital; $688.3 million callable capital) (Public Law 99-591); fiscal
year 1988--$477.5 million ($40.2 million paid-in capital; $437.3
million callable capital) (Public Law 100-202).
---------------------------------------------------------------------------
promoting conditions for exchange rate stability
Sec. 40.\73\ (a) In order to help assure that the resources
provided under section 41 are used to support pro-growth
policies which will help establish the economic conditions
necessary for more appropriate financial and exchange rate
alignment and stability, it is the sense of Congress that the
Secretary of the Treasury shall--
---------------------------------------------------------------------------
\73\ 22 U.S.C. 286y. Sec. 801 of Public Law 98-181 (97 Stat. 1267)
added sec. 40.
---------------------------------------------------------------------------
(1) in consultation with the Secretary of State and
the United States Trade Representative, initiate
discussions with other countries regarding the economic
dislocations which result from structural exchange rate
imbalances; and
(2) instruct the United States Executive Director of
the Fund to work for adoption of policies in the Funds,
both within the framework of Article IV (of the
Articles of Agreement of the Fund) consultations and
with respect to the conditions associated with Fund-
supported balance or payments adjustments programs,
which promote conditions contributing to the stability
of exchange rates and avoid the manipulation of
exchange rates between major currencies. Among other
initiatives, the Secretary of the Treasury shall
propose strengthening the article IV consultation
procedures of the Fund to attempt to ensure that
countries which are artificially maintaining
undervalued or overvalued rates of exchange agree to
adopt market determined exchange rates.
(b) In determining his vote on extensions of assistance to
any Fund borrower, the United States Executive Director of the
fund shall take into account whether such borrower's policies
are consistent with the requirements of article IV of the
Articles of Agreement of the Fund.
quota increase
Sec. 41.\74\ (a) The United States Governor of the Fund is
authorized to consent to an increase in the quota of the United
States in the Fund equivalent to 5,310,800,000 Special Drawing
Rights, limited to such amounts as are provided in advance in
appropriations Acts.\75\
---------------------------------------------------------------------------
\74\ 22 U.S.C. 286e-1i. Sec. 802(a)(4) of Public Law 98-181 (97
Stat. 1268) added sec. 41.
\75\ Sec. 1101(a) of Public Law 98-181 (97 Stat. 1287) appropriated
for an increase in the U.S. quota in the IMF, the dollar equivalent of
5,310,800,000 Special Drawing Rights.
---------------------------------------------------------------------------
(b)(1) The Secretary of the Treasury shall consult with the
chairman and the ranking minority member of--
(A) the Committee on Banking, Finance and Urban
Affairs \76\ and the Committee on Appropriations of the
House of Representatives, and any appropriate
subcommittee of each such committee; and
---------------------------------------------------------------------------
\76\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
---------------------------------------------------------------------------
(B) the Committee on Foreign Relations, the Committee
on Appropriations, and the Committee on Banking,
Housing, and Urban Affairs of the Senate, and any
appropriate subcommittee of each such committee,
for purposes of discussing the position of the executive branch
and the views of the Congress with respect to any international
negotiations being held to consider any future quota increase
for the International Monetary Fund which may involve an
increased contribution, subscription, or loan by the United
States.
(2) Such consultation shall be made--
(A) not later than thirty days before the initiation
of such international negotiations;
(B) during the period in which such negotiations are
being held, in a frequent and timely manner; and
(C) before a session of such negotiations is held at
which the United States representatives may agree to
such quota increase.
collection and exchange of information on monetary and financial
problems
Sec. 42.\77\ (a) It is the sense of the Congress that--
---------------------------------------------------------------------------
\77\ 22 U.S.C. 286z. Sec. 802(4) of Public Law 98-181 (97 Stat.
1269) added sec. 42.
---------------------------------------------------------------------------
(1) the lack of sufficient information currently
available to allow members of the Fund to make sound
and prudent decisions concerning their public and
private sector international borrowing, and to allow
lenders to make sound and prudent decisions concerning
their international lending, threatens the stability of
the international monetary system; and
(2) in recognition of the Fund's duties, as provided
particularly by article VIII of the Articles of
Agreement of the Fund, to act as a center for the
collection and exchange of information on monetary and
financial problems, the Fund should adopt necessary and
appropriate measures to ensure that more complete and
timely financial information will be available.
(b) To this end, the Secretary of the Treasury shall
instruct the United States Executive Director of the Fund to
initiate discussions with other directors of the Fund and with
Fund management, and to propose and vote for, the adoption of
procedures, within the Fund--
(1) to collect and disseminate information, on a
quarterly basis, from and to Fund members, and to such
other persons as the Fund deems appropriate,
concerning--
(A) the extension of credit by banks or
nonbanks to private and public entities,
including all government entities,
instrumentalities, and central banks of member
countries; and
(B) the receipt of such credit by those
private and public entities of member
countries, where such banks or nonbanks are not
principally established within the borders of
the member country to which the credits are
extended; and
(2) to disseminate publicly information which is
developed in the course of the Fund's collection, and
to review and comment on efforts which the Fund
determines would serve to enhance the informational
base upon which international borrowing and lending
decisions are taken.
(c) For purposes of this section, the term ``credit''
includes--
(1) outstanding loans to private and public entities,
including government entities, instrumentalities, and
central banks of any member, and
(2) unused lines of credit which have been made
available to those private and public entities of any
member,
where such loans or lines of credit are repayable in freely
convertible currency.
(d) The President is authorized to use the authority
provided under section 8 of this Act to require any person (as
defined in such section) subject to the jurisdiction of the
United States to provide such information as the Fund
determines to be necessary in order to carry out the provisions
of this section.
instructions to the united states executive director
Sec. 43.\78\ The Congress hereby finds that Communist
dictatorships result in severe constraints on labor and capital
mobility and other highly inefficient labor and capital supply
rigidities which contribute to balance-of-payments deficits in
direct contradiction of the goals of the International Monetary
Fund. Therefore, the Secretary of the Treasury shall instruct
the United States Executive Director of the Fund to actively
oppose any facility involving use of Fund credit by any
Communist dictatorship, unless the Secretary of the Treasury
certifies and documents in writing upon request and so notifies
and appears, if requested, before the Foreign Relations and
Banking, Housing and Urban Affairs Committees of the Senate and
the Banking, Finance and Urban Affairs Committee of the House
of Representatives, at least twenty-one days in advance of any
vote on such drawing that such drawing:
---------------------------------------------------------------------------
\78\ 22 U.S.C. 286aa. Sec. 804 of Public Law 98-181 (97 Stat. 1270)
added sec. 43. Sec. 4(b)(6) of the South African Democratic Transition
Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) struck out
subsec. designation ``(a)'' preceding the first paragraph in this
section, and repealed subsec. (b), which formerly read as follows:
``(b) The Congress hereby finds that the practice of apartheid
results in severe constraints on labor and capital mobility and other
highly inefficient labor and capital supply rigidities which contribute
to balance of payments deficits in direct contradiction of the goals of
the International Monetary Fund. Therefore, the President shall
instruct the United States Executive Director of the Fund to actively
oppose any facility involving use of Fund credit by any country which
practices apartheid unless the Secretary of the Treasury certifies and
documents in writing, upon request, and so notifies and appears, if
requested, before the Foreign Relations and Banking, Housing and Urban
Affairs Committees of the Senate and the Banking, Finance and Urban
Affairs Committee of the House of Representatives, at least twenty-one
days in advance of any vote on such drawing, that such drawing: (1)
would reduce the severe constraints on labor and capital mobility,
through such means as increasing access to education by workers and
reducing artificial constraints on worker mobility and substantial
reduction of racially-based restrictions on the geographical mobility
of labor; (2) would reduce other highly inefficient labor and capital
supply rigidities; (3) would benefit economically the majority of the
people of any country which practices apartheid; (4) is suffering from
a genuine balance of payments imbalance that cannot be met by recourse
to private capital markets. Should the Secretary not meet a request to
appear before the aforementioned Committees at least twenty-one days in
advance of any vote on any facility involving use of Fund credit by any
country practicing apartheid and certify and document in writing that
these four conditions have been met, the United States Executive
Director shall vote against such program.''.
---------------------------------------------------------------------------
(1) provides the basis for correcting the balance of
payments difficulties and restoring a sustainable
balance of payments position;
(2) would reduce the severe constraints on labor and
capital mobility or other highly inefficient labor and
capital supply rigidities and advances market-oriented
forces in that country; and
(3) is in the best economic interest of the majority
of the people in that country.
Should the Secretary not meet a request to appear before the
aforementioned Committees at least twenty-one days in advance
of any vote on any facility involving use of Fund credit by any
communist dictatorship and certify and document in writing that
these three conditions have been met, the United States
Executive Director shall vote against such program.
elimination of agricultural export subsidies
Sec. 44.\79\ The Secretary of the Treasury shall instruct
the United States Executive Director of the Fund to propose and
work for the adoption of a policy encouraging Fund members to
eliminate all predatory agricultural export subsidies which
might result in the reduction of other member countries'
exports.
---------------------------------------------------------------------------
\79\ 22 U.S.C. 286bb. Sec. 805 of Public Law 98-181 (97 Stat. 1271)
added sec. 44.
---------------------------------------------------------------------------
sustaining economic growth
Sec. 45.\80\ (a)(1) The President shall instruct the
Secretary of the Treasury, the Secretary of State, and other
appropriate Federal officials, and shall request the chairman
of the board of Governors of the Federal Reserve System, to use
all appropriate means to encourage countries to formulate
economic adjustment programs to deal with their balance of
payment difficulties and external debt owed to private banks.
---------------------------------------------------------------------------
\80\ 22 U.S.C. 286cc. Sec. 806 of Public Law 98-181 (97 Stat. 1272)
added sec. 45.
---------------------------------------------------------------------------
(2) Such economic adjustment programs should be designed to
safeguard, to the maximum extent feasible, international
economic growth, world trade, employment, and long-term
solvency of banks, and to minimize the likelihood of civil
disturbances in countries needing economic adjustment programs.
(b) To ensure the effectiveness of economic adjustment
programs supported by Fund resources--
(1) the United States Executive Director of the Fund
shall recommend and shall work for changes in Fund
guidelines, policies, and decisions which would--
(A) convert short-term bank debt which was
made at high interest rates into long-term debt
at lower rates of interest;
(B) assure that the annual external debt
service, which shall include principal,
interest, points, fees, and other charges
required of the country involved, is a
manageable and prudent per centage of the
projected annual export earning of such
country; and
(C) provide that in approving any economic
adjustment program the Fund shall take into
account the number of countries applying to the
Fund for economic adjustment programs and the
aggregate effects that such programs will have
on international economic growth, world trade,
exports and employment of other member
countries, and the long-term solvency of banks;
and
(2) except as provided in subsection (c) of this
section, the United States Executive Director of the
Fund shall oppose and vote against providing assistance
from the Fund for any economic adjustment program for a
country in which the annual external debt service
exceeds 85 per centum of the annual export earnings of
such country, unless the Secretary of the Treasury
first determines and provides written documentation to
the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate
and the Committee on Banking, Finance and Urban Affairs
of the House of Representatives that--\76\
(A) the economic adjustment program converts
high interest rate, short-term bank debt into
long-term debt at significantly narrower
interest rate spreads than the average interest
rate spreads prevailing on bank debt
reschedulings negotiated between August 1982
and August 1983 for countries receiving
assistance from the Fund for economic
adjustment programs in order to minimize the
burdens of adjustment on the debtor nation,
provided that such interest rate spreads are
consistent with that nation's need to obtain
adequate external private financing;
(B) the annual external debt service required
of the country involved is a manageable and
prudent percentage of the projected annual
export earnings of such country; and
(C) the economic adjustment program will not
have an adverse impact on international
economic growth, world trade, exports, and
employment of other member countries, and the
long-term solvency of banks.
(c) The provisions of subsection (b)(2) shall not apply in
any case in which the Secretary of the Treasury first
determines and provides written documentation to the Committee
on Banking, Housing, and Urban Affairs and the Committee on
Foreign Relations of the Senate and the Committee on Banking,
Finance and Urban Affairs of the House of Representatives
that--\76\
(1) an emergency exists in a nation that has applied
to the Fund for assistance that requires an immediate
short-term loan to avoid disrupting orderly financial
markets;
(2) a sudden decrease in export earnings in the
country applying to the Fund for assistance has
increased the ratio of annual external debt service to
annual export earnings, to greater than 85 per centum
for a period projected to be no more than one year; or
(3) other extraordinary circumstances exist which
warrant waiving the provisions of subsection (b)(2).
opposing fund bailouts of banks
Sec. 46.\81\ The Secretary of the Treasury shall instruct
the United States Executive Director of the Fund--
---------------------------------------------------------------------------
\81\ 22 U.S.C. 286dd. Sec. 807 of Public Law 98-181 (97 Stat. 1273)
added sec. 46.
---------------------------------------------------------------------------
(1) to oppose and vote against any Fund drawing by a
member country where, in his judgment, the Fund
resources would be drawn principally for the purpose of
repaying loans which have been imprudently made by
banking institutions to the member country; and
(2) to work to insure that the Fund encourages
borrowing countries and banking institutions to
negotiate, where appropriate, a rescheduling of debt
which is consistent with safe and sound banking
practices and the country's ability to pay.
international cooperation
Sec. 47.\82\ The Secretary of the Treasury shall instruct
the United States Executive Director of the Fund to propose
that the Fund adopt the following policies with respect to
international lending:
---------------------------------------------------------------------------
\82\ 22 U.S.C. 286ee. Sec. 809 of Public Law 98-181 (97 Stat. 1274)
added sec. 47.
---------------------------------------------------------------------------
(1) In its consultations with a member government on
its economic policies pursuant to article IV of the
Articles of Agreement of the Fund, the Fund should--
(A) intensify its examination of the trend
and volume of external indebtedness of private
and public borrowers in the member country and
comment, as appropriate, in its report to the
Executive Board from the viewpoint of the
contribution of such borrowings to the economic
stability of the borrower; and
(B) consider to what extent and in what form
these comments might be made available to the
international banking community and the public.
(2) As part of any Fund-approved stabilization
program, the Fund should give consideration to placing
limits on public sector external short- and long-term
borrowing.
(3) As a part of its annual report, and at such times
as it may consider desirable, the Fund should publish
its evaluation of the trend and volume of international
lending as it affects the economic situation of
lenders, borrowers, and the smooth functioning of the
international monetary system.
imf interest rates
Sec. 48.\83\ The Secretary of the Treasury shall instruct
the United States Executive Director of the Fund to propose and
work for the adoption of Fund policies regarding the rate of
remuneration paid on use of member's quota subscriptions and
the rate of charges on Fund drawings to bring those rates in
line with market rates.
---------------------------------------------------------------------------
\83\ 22 U.S.C. 286ff. Sec. 810 of Public Law 98-181 (97 Stat. 1274)
added sec. 48.
---------------------------------------------------------------------------
trade provisions
Sec. 49.\84\ (a)(1) The Secretary of the Treasury shall
instruct the United States Executive Director of each of the
multilateral development banks \85\ (in this section referred
to as the ``banks'') and of the Fund to initiate a wide
consultation with the Managing Director of each of the banks
\85\ and of the Fund and the other directors of the banks \85\
and of the Fund with regard to the development of financial
assistance policies which, to the maximum feasible extent--
---------------------------------------------------------------------------
\84\ 22 U.S.C. 286gg. Sec. 812 of Public Law 98-181 (97 Stat. 1275)
added sec. 49.
\85\ References to the multilateral development banks were added by
sec. 555 of the Foreign Assistance and Related Programs Appropriations
Act, 1987 (as contained in sec. 101(f) of the Continuing
Appropriations, 1987 (Public Law 99-591; 100 Stat. 3341-240)).
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(A) reduce obstacles to and restrictions upon
international trade and investment in goods and
services;
(B) eliminate unfair trade and investment practices;
and
(C) promote mutually advantageous economic relations.
(2) The Secretary of the Treasury shall work closely in
this effort with the Trade Policy Committee.
(3) As part of this effort, the Secretary of the Treasury
shall also instruct the United States Executive Director of
each of the banks \85\ and of the Fund to encourage close
cooperation between their staff and the GATT Secretariat.
(b)(1) The Secretary of the Treasury shall instruct the
United States Executive Director of each of the banks \85\ and
of the Fund, prior to the extension of any country of financial
assistance by the banks \85\ and by the Fund to work to have
the banks \85\ and the Fund obtain the agreement of such
country to eliminate, in a manner consistent with its balance
of payments adjustment program, unfair trade and investment
practices with respect to goods and services which the United
States Trade Representative, after consultation with the Trade
Policy Committee, has determined to have a significant
deleterious effect on the international trading system.
(2) Such practices include--
(A) the provision of predatory export subsidies,
employed in connection with the exporting of
agricultural commodities and products thereof to
foreign countries;
(B) the provision of other export subsidies, such as
government subsidized below-market interest rate
financing for commodities or manufactured goods;
(C) unreasonable import restrictions;
(D) the imposition of trade-related performance
requirements on foreign investment; and
(E) practices which are inconsistent with
international agreements.
(c)(1) In determining the United States position on
requests for periodic drawing under bank \85\ and Fund
programs, the Secretary of the Treasury shall take full account
of the progress countries have made in achieving targets for
eliminating or phasing out the practices referred to in
subsection (b) of this section.
(2) In the event that the United States supports a request
for drawing by a country that has not achieved the bank \85\
and Fund targets relating to such practices specified in its
program, the Secretary of the Treasury shall report to the
appropriate committees of the Congress the reasons for the
United States position.
(d) \86\ For purposes of this section, the term
``multilateral development banks'' means the International Bank
for Reconstruction and Development, the Inter-American
Development Bank, the African Development Bank, and the Asian
Development Bank.
---------------------------------------------------------------------------
\86\ Added by sec. 555(a) of the Foreign Assistance and Related
Programs Appropriations Act, 1987 (sec. 101(f) of the Continuing
Appropriations Act, 1987 (Public Law 99-591; 100 Stat. 3341)).
---------------------------------------------------------------------------
Sec. 50.\87\ * * * [Repealed--1989]
---------------------------------------------------------------------------
\87\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(d)(1)
repealed sec. 50. For original text, see sec. 813 of Public Law 98-181
(97 Stat. 1276).
---------------------------------------------------------------------------
capital stock increase
Sec. 51.\88\ (a) The United States Governor of the Bank is
authorized--
---------------------------------------------------------------------------
\88\ 22 U.S.C. 286e-1j. The Selective Capital Increase (SCI)
authorized by sec. 51 was added by sec. 301 of H.R. 2253, as enacted
into law by sec. 101(i) of the Further Continuing Appropriations, 1986
(Public Law 99-190; 99 Stat. 1291).
---------------------------------------------------------------------------
(1) to vote for an increase of seventy thousand
shares in the authorized capital stock of the Bank; and
(2) to subscribe on behalf of the United States to
twelve thousand four hundred and fifty-three additional
shares of the capital stock of the Bank, except that
any subscription to such additional shares shall be
effective only to such extent or in such amounts as are
provided in advance in appropriations Acts.
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there
are authorized to be appropriated, without fiscal year
limitation, $1,502,267,655 for payment by the Secretary of the
Treasury.
Sec. 52.\89\ The United States Governor of the Bank is
hereby authorized to agree to and to accept the amendment to
the Articles of Agreement in the proposed resolution entitled
``Amendment to the Articles of Agreement of the Bank''
forwarded to the United States on February 27, 1987.
---------------------------------------------------------------------------
\89\ Added by sec. 601 of H.R. 3750, as introduced by the House
Committee on Banking, Finance and Urban Affairs, on December 11, 1987,
and enacted into law by reference in Title I of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1988 (sec.
101(e) of the Continuing Appropriations; 1988 (Public Law 100-202; 101
Stat. 1329-1340)).
---------------------------------------------------------------------------
SEC. 53.\90\ CAPITAL STOCK INCREASE.
(a) Increase Authorized.--The United States Governor of the
Bank is authorized--
---------------------------------------------------------------------------
\90\ 22 U.S.C. 286e-1k. Added by sec. 1 of H.R. 4645, as reported
by the Committee on Banking, Finance, and Urban Affairs on September
22, 1988, and enacted into law by reference in sec. 555 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989 (Public Law 100-461; 102 Stat. 2268-36).
---------------------------------------------------------------------------
(1) to vote for an increase of 620,000 shares in the
authorized capital stock of the Bank; and
(2) to subscribe on behalf of the United States to
116,262 additional shares of the capital stock of the
Bank, except that any subscription to such additional
shares shall be effective only to such extent or in
such amounts as are provided in advance in
appropriations Acts.
(b) Authorization of Appropriations.--In order to pay for
the increase in the United States subscription to the Bank
provided for in this section, there are authorized to be
appropriated, without fiscal year limitation, $14,025,266,370
for payment by the Secretary of the Treasury.\91\
---------------------------------------------------------------------------
\91\ U.S. payment for this increase was made in the following
amounts and Public Laws: fiscal year 1989--$2,342.9 million ($50
million paid-in capital; $2,292.9 million callable capital) (Public Law
100-461); fiscal year 1990--$49.8 million paid-in capital (Public Law
101-167); fiscal year 1991--$3,010.2 million ($110.59 million paid-in
capital; $2,899.61 million callable capital) (Public Law 101-513);
fiscal year 1992--$2,302.99 million ($69.09 million paid-in capital;
$2,233.9 million callable capital) (Public Law 102-145, as amended by
Public Law 102-266); fiscal year 1993--$2,072.69 million ($62.18
million paid-in capital; $2,010.51 million callable capital) (Public
Law 102-391); fiscal year 1994--$1,860.7 million ($55.82 million paid-
in capital; $1,804.88 million callable capital) (Public Law 103-87).
Pursuant to Public Law 103-211 (108 Stat. 30), however, a portion of
fiscal year 1994 funds were rescinded. Paid-in capital was reduced by
$27.9 million, and callable capital was limited to not exceed $902.4
million. For fiscal year 1995--$766.9 million ($23.009 million paid-in
capital; $743.9 million callable capital) (Public Law 103-306).
---------------------------------------------------------------------------
SEC. 54.\92\ CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE
ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE
INTERNATIONAL MONETARY FUND.
(a) Contribution Authorized.--
---------------------------------------------------------------------------
\92\ 22 U.S.C. 286e-12. Sec. 301 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2500) added sec.
54.
---------------------------------------------------------------------------
(1) In general.--Subject to paragraph (2), the United
States Governor of the Fund may contribute $150,000,000
to the Interest Subsidy Account of the Enhanced
Structural Adjustment Facility of the Fund on behalf of
the United States.
(2) Condition.--The United States Governor of the
Fund may not make a commitment to contribute any amount
authorized to be contributed under paragraph (1) before
an amount equal to such amount has been appropriated
for such purpose.
(b) Limitation on Authorization of Appropriations.--To pay
for the contribution authorized by subsection (a), there are
authorized to be appropriated not to exceed $150,000,000,
without fiscal year limitation, for payment by the Secretary of
the Treasury.\93\
---------------------------------------------------------------------------
\93\ U.S. payment for this contribution was made in the following
amounts and Public Laws: fiscal year 1990--$139.4 million (Public Law
101-167); fiscal year 1991--$10.6 million (Public Law 101-513), reduced
by $0.2 million as a result of sequestration (Public Laws 99-177, 100-
119, and 101-508), restored by $0.2 million by a 1991 sequestration
restoration (Public law 102-27). For fiscal year 1992, sec. 115 of the
Further Continuing Appropriations (Public Law 102-145, as amended by
Public Law 102-266) ``Provided, That no funds are provided by this
joint resolution for `Contribution to the Enhanced Structural
Adjustment Facility of the International Monetary Fund' ''. For fiscal
year 1995--$0.025 million was contributed (Public Law 103-306). No
funds were appropriated for fiscal years 1996 through 2006.
---------------------------------------------------------------------------
Note.--Sec. 526(c) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1995 (108 Stat. 1632), provided, in part, the following
authorization requirement:
``(c) The Secretary of the Treasury may, to fulfill
commitments of the United States, * * * (2) contribute
to * * * the Interest Subsidy Account of the successor
to the Enhanced Structural Adjustment Facility of the
International Monetary Fund. * * * The amount
authorized to be appropriated * * * for payment of the
contribution to the Interest Subsidy Account of the
successor to the Enhanced Structural Adjustment
Facility of the International Monetary Fund is limited
to $25,000,000. The amount to be paid in respect of
each such contribution or subscription is authorized to
be appropriated without fiscal year limitation. Each
such subscription or contribution shall be effective
only to such extent or in such amounts as are provided
in advance in appropriations Acts.''.
Title I of Public Law 103-306 (108 Stat. 1610) made
available $25 million, to remain available until
expended, for the Interest Subsidy Account of the
successor to the Enhanced Structural Adjustment
Facility.
SEC. 55.\94\ DISCUSSIONS TO ENHANCE THE CAPACITY OF THE FUND TO
ALLEVIATE THE POTENTIALLY ADVERSE IMPACTS OF FUND
PROGRAMS ON THE POOR AND THE ENVIRONMENT.
The Secretary of the Treasury shall instruct the United
States Executive Director of the Fund to seek policy changes by
the Fund, through formal initiatives and through bilateral
discussions, which will result in--
---------------------------------------------------------------------------
\94\ 22 U.S.C. 286kk. Sec. 302 of the International Development and
Finance Act of 1989 (Public Law 101-240; 103 Stat. 2500) added sec. 55.
---------------------------------------------------------------------------
(1) the initiation of a systematic review of policy
prescriptions implemented by the Fund, for the purpose
of determining whether the Fund's objectives were met
and the social and environmental impacts of such policy
prescriptions; and
(2) the establishment of procedures which ensure the
inclusion, in future economic reform programs approved
by the Fund, of policy options which eliminate or
reduce the potential adverse impact on the well-being
of the poor or the environment resulting from such
programs.
SEC. 56.\95\ QUOTA INCREASE.
The United States Governor of the Fund may consent to an
increase in the quota of the United States in the Fund
equivalent to 8,608,500,000 Special Drawing Rights, limited to
such amounts as are provided in advance in appropriations
Acts.\96\
---------------------------------------------------------------------------
\95\ 22 U.S.C. 286e-1l. Sec. 1001 of the FREEDOM Support Act
(Public Law 102-511; 106 Stat. 3357) added sec. 56.
\96\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1636), provided the following:
---------------------------------------------------------------------------
``international monetary fund
---------------------------------------------------------------------------
``There is appropriated for an increase in the United States quota
in the International Monetary Fund, the dollar equivalent of 8,608.5
million Special Drawing Rights, to remain available until expended and,
among other uses, such funds may be used to promote efforts by the
International Monetary Fund to support monetary stability in member
countries through the instrumentality of currency boards.''.
---------------------------------------------------------------------------
SEC. 57.\97\ ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF
THE FUND.
The United States Governor of the Fund may agree to and
accept the amendments to the Articles of Agreement of the Fund
as proposed in the resolution numbered 45-3 of the Board of
Governors of the Fund that was approved by such Board on June
28, 1990.
---------------------------------------------------------------------------
\97\ 22 U.S.C. 286e-5b. Sec. 1001 of the FREEDOM Support Act
(Public Law 102-511; 106 Stat. 3357) added sec. 57.
---------------------------------------------------------------------------
SEC. 58.\98\ APPROVAL OF FUND PLEDGE TO SELL GOLD TO PROVIDE RESOURCES
FOR THE RESERVE ACCOUNT OF THE ENHANCED STRUCTURAL
ADJUSTMENT FACILITY TRUST.
The Secretary of the Treasury is authorized to instruct the
United States Executive Director of the Fund to vote to approve
the Fund's pledge to sell, if needed, up to 3,000,000 ounces of
the Fund's gold, to restore the resources of the Reserve
Account of the Enhanced Structural Adjustment Facility Trust to
a level that would be sufficient to meet obligations of the
Trust payable to lenders which have made loans to the Loan
Account of the Trust that have been used for the purpose of
financing programs to Fund members previously in arrears to the
Fund.
---------------------------------------------------------------------------
\98\ 22 U.S.C. 286e-13. Sec. 1001 of the FREEDOM Support Act
(Public Law 102-511; 106 Stat. 3357) added sec. 58.
---------------------------------------------------------------------------
SEC. 59.\99\ FUND POLICY CHANGES.
(a) Policy Changes Within the IMF.--The Secretary of the
Treasury shall instruct the United States Executive Director of
the Fund to promote regularly and vigorously in program
discussions and quota increase negotiations the following
proposals:
---------------------------------------------------------------------------
\99\ 22 U.S.C. 286ll. Sec. 1002 of the FREEDOM Support Act (Public
Law 102-511; 106 Stat. 3357) added sec. 59.
---------------------------------------------------------------------------
(1) Poverty alleviation, reduction of barriers to
economic and social progress, and progress toward
environmentally sound policies and programs.--(A)(i)
Considerations of poverty alleviation and the reduction
of barriers to economic and social progress should be
incorporated into all Fund programs and all
consultations under article IV of the Articles of
Agreement of the Fund.
(ii) Preparation of Policy Framework Papers should be
extended to all nations which have Fund programs and
active Bank or International Development Association
lending programs, and existence of a Policy Framework
Paper should be a precondition for new lending to such
nations by the Fund.
(iii) All Policy Framework Papers should articulate
the principal poverty, economic, and social measures
that the borrowing nation needs to address, and this
portion of the Policy Framework Paper (or a summary
thereof that includes specific measures and timing)
should be made available when the Policy Framework
Paper is submitted to the Executive Directors of the
Bank and of the Fund for consideration.
(iv) In considering whether to allocate resources of
the Fund to a borrower, the Fund should take into
consideration the nature of the program and commitment
of the borrower to address the issues referred to in
clause (iii).
(v) The Fund should establish procedures to enable
the Fund to cooperate with the Bank in evaluating the
effectiveness of the measures referred to in clause
(iii), at the levels of policy, project design,
monitoring, and reporting, in the international
financial institutions and in the borrowing nations.
(B)(i) The Fund should be encouraged to make further
progress toward environmentally sound policies and
programs.
(ii) The Fund should incorporate environmental
considerations into all Fund programs, including
consultations under article IV of the Articles of
Agreement of the Fund.
(iii) The Fund should be encouraged to support the
efforts of nations to implement systems of natural
resource accounting in their national income accounts.
(iv) The Fund should be encouraged to assist and
cooperate fully with the statistical research being
undertaken by the Organization for Economic Cooperation
and Development and by the United Nations in order to
facilitate development and adoption of a generally
applicable system for taking account of the depletion
or degradation of natural resources in national income
accounts.
(v) The Fund should be encouraged to consider and
implement, as appropriate, revisions in its national
income reporting systems consistent with such new
systems as are of general applicability.
(2) Policy audits.--(A) The Fund should conduct
periodic audits to review systematically the policy
prescriptions recommended and required by the Fund in
the areas of poverty and the environment.
(B) The purposes of such audits would be--
(i) to determine whether the Fund's
objectives were met; and
(ii) to evaluate the social and environmental
impacts of the implementation of the policy
prescriptions.
(C) Such audits would have access to all ongoing
programs and activities of the Fund and the ability to
review the effects of Fund-supported programs, on a
country-by-country basis, with respect to poverty,
economic development, and environment.
(D) Such audits should be made public as appropriate
with due respect to confidentiality.
(3) Ensuring policy options that increase the
productive participation of the poor.--The Fund should
establish procedures that ensure the focus of future
economic reform programs approved by the Fund on policy
options that increase the productive participation of
the poor in the economy.
(4) Public access to information.--(A) The Fund
should establish procedures for public access to
information.
(B) Such procedures shall seek to ensure access of
the public to information while paying due regard to
appropriate confidentiality.
(C) Policy Framework Papers and the supporting
documents prepared by the Fund's mission to a country
are examples of documents that should be made public at
an appropriate time and in appropriate ways.
(b) Progress Report.--Each annual report of the National
Advisory Council on International Monetary and Financial
Policies shall describe the following:
(1) The actions that the United States Executive
Director and other officials have taken to convince the
Fund to adopt the proposals set forth in subsection (a)
through formal initiatives before the Board and
management of the Fund, through bilateral discussions
with other member nations, and through any further
quota increase negotiations.
(2) The status of the progress being made by the Fund
in implementing the proposals set forth in subsection
(a).
(c) Study.--The Secretary of the Treasury shall instruct
the United States Executive Director to the Fund to urge the
Fund--
(1) to explore ways to increase the involvement and
participation of important ministries, national
development experts, environmental experts, free-market
experts, and other legitimate experts and
representatives from the loan-recipient country in the
development of Fund programs; and
(2) to report on the status of Fund efforts in this
regard.
SEC. 60.\100\ MEASURES TO REDUCE MILITARY SPENDING BY DEVELOPING
NATIONS.
(a) Development by the Fund of Means to Measure Military
Spending--
(1) Position of the united states.--The United States
Executive Director of the Fund shall use the voice and
vote of the United States to urge the Fund, in
consultation with the Bank, to continue to develop an
economic methodology to measure the level of military
spending by each developing country.
---------------------------------------------------------------------------
\100\ 22 U.S.C. 286mm. Sec. 1003 of the FREEDOM Support Act (Public
Law 102-511; 106 Stat. 3359) added sec. 60.
---------------------------------------------------------------------------
(2) Progress report to the congress.--No later than 1
year after the date of the enactment of this section,
the Secretary of the Treasury shall submit to the
Committee on Banking, Finance and Urban Affairs of the
House of Representatives \76\ and the Committee on
Banking, Housing, and Urban Affairs and the Committee
on Foreign Relations of the Senate a report on the
status of the development by the Fund of a workable
economic methodology to measure military pending by
developing countries.
(b) Annual Reports by Fund on Levels of Military Spending.--
The United States Executive Director of the Fund shall use the
voice and vote of the United States to urge the Fund, beginning
with 1994, to provide the Executive Board of the Fund with
annual reports stating the estimate by the Fund of the level of
military spending by each developing country in the immediately
preceding calendar year (or, with respect to developing
countries whose fiscal years are not calendar years, in the
most recently completed fiscal year of the developing country),
not later than the date of the annual fall Interim and
Development Committee meetings.
(c) Analysis and Assessment of Military Spending To Be
Included in Article IV Consultations by the Fund.--The United
States Executive Director of the Fund shall use the voice and
vote of the United States to urge the Fund, beginning no later
than the date of the first report provided as described in
subsection (b), to include in every article IV consultation
with a developing country an analysis of the level of military
spending by the developing country in the immediately preceding
calendar year (or, with respect to developing countries whose
fiscal years are not calendar years, in the most recently
completed fiscal year of the developing country).
SEC. 61.\101\ QUOTA INCREASE.
(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the
Fund equivalent to 10,622,500,000 Special Drawing Rights.
---------------------------------------------------------------------------
\101\ 22 U.S.C. 286e-1m. Sec. 608 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999 (division A,
sec. 101(d) of Public Law 105-277; 112 Stat. 2681-224), added sec. 61.
---------------------------------------------------------------------------
(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in
such amounts as are provided in advance in appropriations Acts.
SEC. 62.\102\ APPROVAL OF CONTRIBUTIONS FOR DEBT REDUCTIONS FOR THE
POOREST COUNTRIES.
For the purpose of mobilizing the resources of the Fund in
order to help reduce poverty and improve the lives of residents
of poor countries and, in particular, to allow those poor
countries with unsustainable debt burdens to receive deeper,
broader, and faster debt relief, without allowing gold to reach
the open market or otherwise adversely affecting the market
price of gold, the Secretary of the Treasury is authorized to
instruct the United States Executive Director of the Fund to
vote--
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\102\ 22 U.S.C. 286nn. Added by sec. 503(a) of the Foreign
Operations, Export Financing, and Related Appropriations Act, 2000
(enacted by reference in sec. 1000(a)(5) of Public Law 106-113; 113
Stat. 1501A-287). Sec. 503(b) of the Act provided the following:
``(b) Certification.--Within 15 days after the United States
Executive Director casts the votes necessary to carry out the
instruction described in section 62 of the Bretton Woods Agreements
Act, the Secretary of the Treasury shall certify to the Congress that
neither the profits nor the earnings on the investment of profits from
the gold sales made pursuant to the instruction or of the funds
attributable to United States participation in SCA-2 will be used to
augment the resources of any reserve account of the International
Monetary Fund for the purpose of making loans.''.
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(1) to approve an arrangement whereby the Fund--
(A) sells a quantity of its gold at
prevailing market prices to a member or members
in nonpublic transactions sufficient to
generate 2.226 billion Special Drawing Rights
in profits on such sales;
(B) immediately after, and in conjunction
with each such sale, accepts payment by such
member or members of such gold to satisfy
existing repurchase obligations of such member
or members so that the Fund retains ownership
of the gold at the conclusion of such payment;
and
(C) uses the earnings on the investment of
the profits of such sales through a separate
subaccount, only for the purpose of providing
debt relief from the Fund under the modified
Heavily Indebted Poor Countries (HIPC)
Initiative (as defined in section 1623 of the
International Financial Institutions Act); and
(D) * * * [Repealed--2000] \103\
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\103\ Sec. 101(a) of the Foreign Operations, Export Financing, and
Related Appropriations Act, 2001 (enacted by reference in sec. 101(a)
of Public Law 106-429; 114 Stat. 1900A-64), added ``and'' at the end of
subpara. (B) and struck out subpara. (D), which read, ``(D) shall not
use more than \9/14\ of the earnings on the investment of the profits
of such sales; and''.
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(2) to support a decision that shall terminate the
Special Contingency Account (SCA-2) of the Fund so that
the funds in the SCA-2 shall be made available to the
poorest countries. Any funds attributable to the United
States participation in the SCA-2 shall be used only
for debt relief from the Fund under the modified HIPC
Initiative.
SEC. 63.\104\ PRINCIPLES FOR INTERNATIONAL MONETARY FUND LENDING.
It is the policy of the United States to work to implement
reforms in the International Monetary Fund (IMF) to achieve the
following goals:
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\104\ 22 U.S.C. 286oo. Added by sec. 805 of the Foreign Operations,
Export Financing, and Related Appropriations Act, 2001 (enacted by
reference in sec. 101(a) of Public Law 106-429; 114 Stat. 1900A-67).
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(1) Short-term balance of payments financing.--
Lending from the general resources of the Fund should
concentrate chiefly on short-term balance of payments
financing.
(2) Limitations on medium-term financing.--Use of
medium-term lending from the general resources of the
Fund should be limited to a set of well-defined
circumstances, such as--
(A) when a member's balance of payments
problems will be protracted;
(B) such member has a strong structural
reform program in place; and
(C) the member has little or no access to
private sources of capital.
(3) Premium pricing.--Premium pricing should be
introduced for lending from the general resources of
the Fund, for greater than 200 per centum of a member's
quota in the Fund, to discourage excessive use of Fund
lending and to encourage members to rely on private
financing to the maximum extent possible.
(4) Redressing misreporting of information.--The Fund
should have in place and apply systematically a strong
framework of safeguards and measures to respond to,
correct, and discourage cases of misreporting of
information in the context of a Fund program,
including--
(A) suspending Fund disbursements and
ensuring that Fund lending is not resumed to
members that engage in serious misreporting of
material information until such time as
remedial actions and sanctions, as appropriate,
have been applied;
(B) ensuring that members make early
repayments, where appropriate, of Fund
resources disbursed on the basis of misreported
information;
(C) making public cases of serious
misreporting of material information;
(D) requiring all members receiving new
disbursements from the Fund to undertake
annually independent audits of central bank
financial statements and publish the resulting
audits; and
(E) requiring all members seeking new loans
from the Fund to provide to the Fund detailed
information regarding their internal control
procedures, financial reporting and audit
mechanisms and, in cases where there are
questions about the adequacy of these systems,
undertaking an on-site review and identifying
needed remedies.
(2) to support a decision that shall terminate the
Special Contingency Account 2 (SCA-2) of the Fund so
that the funds in the SCA-2 shall be made available to
the poorest countries. Any funds attributable to the
United States participation in SCA-2 shall be used only
for debt relief from the Fund under the modified HIPC
Initiative.
(2) Bretton Woods Agreements Act Amendments, 1980
Partial text of Public Law 96-389 [S. 2271], 94 Stat. 1551, approved
October 7, 1980
AN ACT To amend the Bretton Woods Agreements Act to authorize consent
to an increase in the United States quota in the International Monetary
Fund, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Note.--Except for the provisions included below,
Public Law 96-389 contained amendments to the Bretton
Woods Agreements Act and to the Bretton Woods
Agreements Acts Amendments, 1978. These are
incorporated in the text at the appropriate locations.
* * * * * * *
recycling balance-of-payments surpluses
Sec. 4. (a) \1\ It is the sense of the Congress that (1)
the interests of the United States and those of other member
countries require an effective International Monetary Fund
equipped with resources adequate to facilitate orderly balance-
of-payments adjustments; (2) persistent balance-of-payments
surpluses in oil exporting countries have placed, and will
continue to place, severe strains on the resources of oil
importing countries and on the liquidity of the Fund; (3) these
strains can only be relieved if the oil exporting countries
assume a greater burden for financing balance-of-payments
deficits through direct methods of recycling their surpluses
and through proportionally greater contributions to the Fund
and to the international lending institutions; and (4) the Fund
must explore innovative proposals to encourage more direct
recycling of oil surpluses and to increase its own liquidity.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 286t note.
---------------------------------------------------------------------------
* * * * * * *
Sec. 9.\2\ The United States Executive Director to the Fund
shall seek to insure (a) that Fund salaries do not exceed those
levels endorsed by the Fund Bank Joint Committee on Staff
Compensation Issues; and (b) that travel costs are minimized by
limiting first class and supersonic travel to instances where
no reasonable alternative exists.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 286a note.
---------------------------------------------------------------------------
role of gold in international monetary systems
Sec. 10.\3\ (a) The Secretary of the Treasury shall
establish and chair a commission consisting of--
---------------------------------------------------------------------------
\3\ 31 U.S.C. 5302 note.
---------------------------------------------------------------------------
(1) three members of the Board of Governors of the
Federal Reserve System and two members of the Council
of Economic Advisors, all of whom shall be designated
by the Secretary of the Treasury;
(2) one majority and one minority member of each from
(A) the Joint Economic Committee of the Congress, (B)
the Committee on Banking, Housing, and Urban Affairs of
the Senate, and (C) the Committee on Banking, Finance
and Urban Affairs of the House of Representatives,\4\
who shall be designated by the Speaker of the House of
Representatives and the President of the Senate,
respectively, upon the recommendations of the majority
and minority leaders of the respective Houses; and
---------------------------------------------------------------------------
\4\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
---------------------------------------------------------------------------
(3) four distinguished private citizens with
business, finance, or academic backgrounds who shall be
designated by the Secretary.
(b) The commission shall conduct a study to assess and make
recommendations with regard to the policy of the United States
Government concerning the role of gold in domestic and
international monetary systems, and shall transmit to the
Congress a report containing its findings and recommendations
not later than one year after the date of enactment of this
Act.
(c) Sums appropriated pursuant to section 5 of Public Law
95-612 shall be available to the commission to carry out its
functions.\5\
---------------------------------------------------------------------------
\5\ Sec. 5 of Public Law 95-612 (92 Stat. 3092) authorized ``not to
exceed $24,000,000 for fiscal year 1979, including sums for official
functions and reception and representation expenses, to carry out the
international affairs functions of the Department of the Treasury.''.
---------------------------------------------------------------------------
* * * * * * *
effective date
Sec. 12. This Act shall take effect on its date of
enactment, except that funds may not be appropriated under any
authorization contained in this Act for any period prior to
October 1, 1980.
(3) Bretton Woods Agreements Act Amendments, 1978
Partial text of Public Law 95-435 [H.R. 9214], 92 Stat. 1051, approved
October 10, 1978; as amended by Public Law 96-389 [S. 2271], 94 Stat.
1551, approved October 7, 1980; and Public Law 97-258 [H.R. 6128], 96
Stat. 877, approved September 13, 1982
AN ACT To amend the Bretton Woods Agreements Act to authorize the
United States to participate in the Supplementary Financing Facility of
the International Monetary Fund.
Note.--Except for the provisions included below,
Public Law 95-435 contained amendments to the Bretton
Woods Agreements Act and the Export Administration Act
of 1969. These are incorporated in the text at the
appropriate locations.
* * * * * * *
Sec. 5. (a) \1\ * * *
---------------------------------------------------------------------------
\1\ Sec. 2(a) of Public Law 96-67 (93 Stat. 415; September 21,
1979) repealed sec. 5(a), (c), (d), and (e), which provided for a
prohibition on imports into the United States from Uganda. During 1979,
prior to this repeal, several actions were taken pursuant to this Act.
On February 6, 1979, the President issued Executive Order 12117 (44
F.R. 7937) ``in order to provide for the consistent implementation of
import restrictions imposed against Uganda by Section 5(c)''. Both sec.
5(c) and the Executive Order provided for the lifting of this
prohibition if the President determined that Uganda was no longer
committing a consistent pattern of gross violations of human rights and
so certified to the Congress. Pursuant to this authority, the President
determined on May 15, 1979, that the Government of Uganda was no longer
violating human rights. This determination also has the effect of
revoking Executive Order 12117 and immediately allowed for the
resumption of imports from and exports to Uganda. Public Law 96-67,
then, legislatively repealed the appropriate subsections of Public Law
95-435.
---------------------------------------------------------------------------
(b) It is the sense of the Congress that the Government of
the United States should take steps to disassociate itself from
any foreign government which engages in the international crime
of genocide.
(c) * * *
(d) * * *
(e) * * *
Sec. 6.\2\ The Secretary of the Treasury shall instruct the
Executive Director of the United States to the International
Monetary Fund to work in opposition to any extension of
financial or technical assistance by the Supplemental Financing
Facility or by any other agency or facility of such Fund to any
country the government of which--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 286e-11.
---------------------------------------------------------------------------
(1) permits entry into the territory of such country
to any person who has committed an act of international
terrorism, including any act of aircraft hijacking, or
otherwise supports, encourages, or harbors such person;
or
(2) fails to take appropriate measures to prevent any
such person from committing any such act outside the
territory of such country.
Sec. 7.\3\ Congress reaffirms its commitment that the total
budget outlays of the United States Government for a fiscal
year may be not more than the receipts of the Government for
that year.
---------------------------------------------------------------------------
\3\ 31 U.S.C. 1103. Sec. 1 of Public Law 97-258 (96 Stat. 908)
amended and recodified title 31, U.S.C. Under that Act, sec. 7 was
amended and restated, and recodified from 31 U.S.C. 27 to 1103. As
originally enacted, sec. 7 required a balanced budget for fiscal year
1981. Sec. 3 of Public Law 96-389 (94 Stat. 1553) amended the text to
express congressional commitment to a balanced budget in fiscal year
1981.
(4) International Development Association Act, as amended
Public Law 86-565 [H.R. 11001], 74 Stat. 293, approved June 30, 1960;
as amended by Public Law 88-310 [S. 2214], 78 Stat. 200, approved May
26, 1964; Public Law 91-14 [H.R. 33], 83 Stat. 10, approved May 23,
1969; Public Law 92-247 [S. 2010], 86 Stat. 60, approved March 10,
1972; Public Law 93-373 [S. 2665], 88 Stat. 445, approved August 14,
1974; Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at 1068, approved
October 3, 1977; Public Law 97-35 [H.R. 3982], 95 Stat. 357 at 740,
approved August 13, 1981; Public Law 98-473 [Continuing Appropriations
Act 1985; H.J. Res. 648], 98 Stat. 1837 at 1884, approved October 12,
1984; by Public Law 99-190 [Further Continuing Appropriations, 1986;
H.J. Res. 465], 99 Stat. 1185, approved December 19, 1985; Public Law
100-202 [Continuing Appropriations, 1988; H.J. Res. 395], 101 Stat.
1329, approved December 22, 1987; Public Law 101-240 [International
Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492,
approved December 19, 1989; by Public Law 101-513 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1991; H.R.
5114], 104 Stat. 1979, approved November 5, 1990; by Public Law 108-199
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, Division D of Consolidated Appropriations,
2004; H.R. 2673], 118 Stat. 202, approved January 23, 2004; and Public
Law 109-102 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2243, approved November
14, 2005
AN ACT To provide for the participation of the United States in the
International Development Association.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Development Association Act''.
acceptance of membership
Sec. 2.\1\ The President is hereby authorized to accept
membership for the United States in the International
Development Association (hereinafter referred to as the
``Association''), provided for by the Articles of Agreement
(hereinafter referred to as the ``Articles'') of the
Association deposited in the archives of the International Bank
for Reconstruction and Development.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 284.
---------------------------------------------------------------------------
governor, executive director, and alternates
Sec. 3.\2\ The Governor and Executive Director of the
International Bank for Reconstruction and Development, and the
alternate for each of them, appointed under section 3 of the
Bretton Woods Agreements Act, as amended (22 U.S.C. 286a),
shall serve as Governor, Executive Director and alternates,
respectively, of the Association.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 284a.
---------------------------------------------------------------------------
national advisory council on international monetary and financial
problems
Sec. 4.\3\ The provisions of section 4 of the Bretton Woods
Agreements Act, as amended (22 U.S.C. 286b), shall apply with
respect to the Association to the same extent as with respect
to the International Bank for Reconstruction and Development
and the International Monetary Fund.\4\
---------------------------------------------------------------------------
\3\ 22 U.S.C. 284b.
\4\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(e)(4)
struck out the last sentence of this section, which read as follows:
``Reports with respect to the Association under paragraphs (5) and (6)
of subsection (b) of section 4 of said Act, as amended, shall be
included in the first report made thereunder after the establishment of
the Association and in each succeeding report.''.
---------------------------------------------------------------------------
certain acts not to be taken without authorization
Sec. 5.\5\ Unless Congress by law authorizes such action,
neither the President nor any person or agency shall, on behalf
of the United States, (a) subscribe to additional funds under
article III, section 1, of the articles; (b) accept any
amendment under article IX of the articles; or (c) make a loan
or provide other financing to the Association.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 284c.
---------------------------------------------------------------------------
depositories
Sec. 6.\6\ Any Federal Reserve bank which is requested to
do so by the Association shall act as its depository or as its
fiscal agent, and the Board of Governors of the Federal Reserve
System shall supervise and direct the carrying out of these
functions by the Federal Reserve banks.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 284d.
---------------------------------------------------------------------------
payment of subscriptions
Sec. 7.\7\ (a) There is hereby authorized to be
appropriated, without fiscal year limitation, for the
subscription of the United States to the Association,
$320,290,000.\8\
---------------------------------------------------------------------------
\7\ 22 U.S.C. 284e.
\8\ The U.S. subscription was payable in five annual installments,
one of $73,666,700 and four of $61,656,000.
---------------------------------------------------------------------------
(b) \9\ The United States Governor is hereby authorized (1)
to vote for an increase in the resources of the Association and
(2) to agree on behalf of the United States to contribute to
the Association the sum of $312 million, both as recommended by
the Executive Directors, in a report dated September 9, 1963,
to the Board of Governors of the Association. There is hereby
authorized to be appropriated out of funds supplied by the
Nation's taxpayers or out of funds borrowed on their credit,
without fiscal year limitation, $312 million to provide the
United States share of the increase in the resources of the
Association.
---------------------------------------------------------------------------
\9\ Sec. 1 of Public Law 88-310 (78 Stat. 200) redesignated
subsecs. (b) and (c) as subsecs. (c) and (d), respectively, and added a
new subsec. (b).
---------------------------------------------------------------------------
(c) \9\ For the purpose of keeping to a minimum the cost to
the United States of participation in the Association, the
Secretary of the Treasury \10\ is authorized and directed to
issue special notes of the United States from time to time, at
par, and to deliver such notes to the Association in exchange
for dollars to the extent permitted by the articles. The
special notes provided for in this subsection shall be issued
under the authority and subject to the provisions of the Second
Liberty Bond Act, as amended, and the purposes for which
securities may be issued under that Act are extended to include
the purposes for which special notes are authorized and
directed to be issued under this subsection, but such notes
shall bear no interest, shall be nonnegotiable, and shall be
payable on demand of the Association. The face amount of
special notes issued to the Association under the authority of
this subsection and outstanding at any one time shall not
exceed in the aggregate, the amount \10\ actually paid to the
Association under the articles.
---------------------------------------------------------------------------
\10\ Sec. 2 of Public Law 88-310 (78 Stat. 200) struck out ``,
after paying the requisite part of the subscription of the United
States in the Association required to be made under the articles,''
after ``Treasury''; and struck out ``of the subscription of the United
States'' which preceded ``actually'' in the last sentence.
---------------------------------------------------------------------------
(d) \9\ Any payment made to the United States by the
Association as a distribution of net income shall be covered
into the Treasury as a miscellaneous receipt.
jurisdiction and venue of actions
Sec. 8.\11\ For the purpose of any action which may be
brought within the United States, its possessions, or the
Commonwealth of Puerto Rico, by or against the Association in
accordance with the articles, the Association shall be deemed
to be an inhabitant of the Federal judicial district in which
its principal office in the United States is located, and any
such action at law or in equity to which the Association shall
be a party shall be deemed to arise under the laws of the
United States, and the district courts of the United States
shall have original jurisdiction of any such action. When the
Association is a defendant in any such action, it may, at any
time before the trial thereof, remove such action from a State
court into the district court of the United States for the
proper district by following the procedure for removal of
causes otherwise provided by law.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 284f.
---------------------------------------------------------------------------
status, immunities, and privileges
Sec. 9.\12\ The provisions of article VII, section 5(d),
and article VIII, sections 2 to 9, both inclusive, of the
articles shall have full force and effect in the United States,
its possessions, and the Commonwealth of Puerto Rico, upon
acceptance of membership by the United States in, and the
establishment of, the Association.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 284g.
---------------------------------------------------------------------------
Sec. 10.\13\ The United States Governor is hereby
authorized (1) to vote in favor of the second replenishment
resolutions providing for an increase in the resources of the
Association, and (2) to agree on behalf of the United States to
contribute to the Association the sum of $480,000,000, as
recommended by the Executive Directors in a report dated March
8, 1968, to the Board of Governors of the Association. There is
hereby authorized to be appropriated, without fiscal year
limitation, $480,000,000 for payment by the Secretary of the
Treasury of the United States share of the increase in the
resources of the Association.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 284h. Public Law 91-14 (83 Stat. 10) added sec. 10.
---------------------------------------------------------------------------
Sec. 11.\14\ The United States Governor is hereby
authorized to agree on behalf of the United States to
contribute to the Association three annual installments of
$320,000,000 each as recommended in the ``Report of the
Executive Directors to the Board of Governors on Additions to
IDA Resources: Third Replenishment,'' dated July 21, 1970.
There is hereby authorized to be appropriated, without fiscal
year limitation, the amounts necessary for payment by the
Secretary of the Treasury of three annual installments of
$320,000,000 each for the United States share of the increase
in the resources of the Association.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 284i. Sec. 1 of Public Law 92-247 (86 Stat. 60)
added sec. 11.
---------------------------------------------------------------------------
Sec. 12.\15\ The President shall instruct the United States
Executive Directors of the International Bank for
Reconstruction and Development and the International
Development Association to vote against any loan or other
utilization of the funds of the Bank and the Association for
the benefit of any country which has--
---------------------------------------------------------------------------
\15\ 22 U.S.C. 284j. Popularly referred to as the Gonzalez
amendment. Sec. 1 of Public Law 92-247 (86 Stat. 60) added sec. 12.
---------------------------------------------------------------------------
(1) nationalized or expropriated or seized ownership
or control of property owned by any United States
citizen or by any corporation, partnership, or
association not less than 50 per centum of which is
beneficially owned by United States citizens;
(2) taken steps to repudiate or nullify existing
contracts or agreements with any United States citizen
or any corporation, partnership, or association not
less than 50 per centum of which is beneficially owned
by United States citizens; or
(3) imposed or enforced discriminatory taxes or other
exactions, or restrictive maintenance or operational
conditions, or has taken other actions, which have the
effect of nationalizing, expropriating, or otherwise
seizing ownership or control of property so owned;
unless the President determines that (A) an arrangement for
prompt, adequate, and effective compensation has been made, (B)
the parties have submitted the dispute to arbitration under the
rules of the Convention for the Settlement of Investment
Disputes, or (C) good faith negotiations are in progress aimed
at providing prompt, adequate, and effective compensation under
the applicable principles of international law.
Sec. 13.\16\ The Secretary of the Treasury shall instruct
the United States Executive Directors of the International Bank
for Reconstruction and Development and the International
Development Association to vote against any loan or other
utilization of the funds of the Bank and the Association for
the benefit of any country with respect to which the President
has made a determination, and so notified the Secretary of the
Treasury, that the government of such country has failed to
take adequate steps to prevent narcotic drugs and other
controlled substances (as defined by the Comprehensive Drug
Abuse Prevention and Control Act of 1970) produced or
processed, in whole or in part, in such country, or transported
through such country, from being sold illegally within the
jurisdiction of such country to United States Government
personnel or their dependents, or from entering the United
States unlawfully. Such instruction shall continue in effect
until the President determines, and so notifies the Secretary
of the Treasury, that the government of such country has taken
adequate steps to prevent such sale or entry of narcotic drugs
and other controlled substances.
---------------------------------------------------------------------------
\16\ 22 U.S.C. 284k. Sec. 2 of Public Law 92-247 (86 Stat. 61)
added sec. 13.
---------------------------------------------------------------------------
Sec. 14.\17\ (a) The United States Governor is hereby
authorized to agree on behalf of the United States to pay to
the Association four annual installments of $375,000,000 each
as the United States contribution to the Fourth Replenishment
of the Resources of the Association.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 284l. Sec. 1 of Public Law 93-373 (88 Stat. 445)
added sec. 14.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution,
there is hereby authorized to be appropriated without fiscal
year limitation four annual installments of $375,000,000 each
for payment by the Secretary of the Treasury.
Sec. 15.\18\ * * * [Repealed--1977]
---------------------------------------------------------------------------
\18\ Formerly at 22 U.S.C. 284m. Sec. 702 of Public Law 95-118 (91
Stat. 1070) repealed sec. 15, which directed the U.S. Governor to vote
against any loan or assistance to any country which develops a nuclear
explosive device (unless such country was a party to the Treaty on the
Non-Proliferation of Nuclear Weapons).
---------------------------------------------------------------------------
Sec. 16.\19\ (a) The United States Governor is hereby
authorized to agree on behalf of the United States to pay to
the Association $2,400,000,000 as the United States
contribution to the fifth replenishment of the Resources of the
Association: Provided, however, That any commitment to make
such contributions shall be made subject to obtaining the
necessary appropriations.
---------------------------------------------------------------------------
\19\ 22 U.S.C. 284n. Sec. 401 of Public Law 95-118 (91 Stat. 1068)
added sec. 16.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution
provided for in this section, there are hereby authorized to be
appropriated, without fiscal year limitation, $2,400,000,000
for payment by the Secretary of the Treasury.
Sec. 17.\20\ (a) The United States Governor is authorized
to agree on behalf of the United States to pay to the
Association $3,240,000,000 as the United States contribution to
the sixth replenishment of the resources of the Association:
Provided, however, That any commitment to make such
contributions shall be made subject to obtaining the necessary
appropriations.
---------------------------------------------------------------------------
\20\ 22 U.S.C. 284o. Sec. 1321 of Public Law 97-35 (95 Stat. 740)
added sec. 17.
---------------------------------------------------------------------------
(b) In order to pay for the United States contributions
provided for in this section, there is authorized to be
appropriated, without fiscal year limitation, $3,240,000,000
for payment by the Secretary of the Treasury: Provided,
however, That not more than $850,000,000 of such sum may be
made available for the fiscal year 1982 and not more than
$945,000,000 of such sum may be made available for the fiscal
year 1983.\21\
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\21\ Appropriations for U.S. payments authorized in sec. 17 have
been provided in the following amounts and Public Laws: fiscal year
1981--$500 million (Public Law 97-12); fiscal year 1982--$700 million
(Public Law 97-121); fiscal year 1983--$700,000,000 (Public Law 97-
377); and $245 million (Public Law 98-63); fiscal year 1984--$945
million (Public Law 98-151); fiscal year 1985--$150 million (Public Law
98-473).
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Sec. 18.\22\ (a) The United States Governor is hereby
authorized to agree on behalf of the United States to pay to
the Association $2,250,000,000 as the United States
contribution to the seventh replenishment of the resources of
the Association, except that any commitment to make such
contributions shall be made subject to obtaining the necessary
appropriations.
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\22\ 22 U.S.C. 284p. Title I of the Foreign Assistance
Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations
Act, 1985; Public Law 98-473; 98 Stat. 1885), added sec. 18 by enacting
into law the amendment made by sec. 901 of S. 2582, as reported by the
Senate Committee on Foreign Relations on April 18, 1984, except for
subsec. (c) of such amendment.
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(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $2,250,000,000
for payment by the Secretary of the Treasury.\23\
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\23\ Appropriations for U.S. payments authorized in sec. 18 have
been provided in the following amounts and Public Laws: fiscal year
1985--$750 million (Public Law 98-473); fiscal year 1986--$700 million
(Public Law 99-190), reduced by $30.1 million as a result of
sequestration (Public Law 99-177); fiscal year 1987--$622.6 million
(Public Law 99-591); fiscal year 1987 supplemental--$207.5 million
(Public Law 100-71).
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special facility for sub-saharan africa
Sec. 19.\24\ (a) The Secretary of the Treasury shall pay to
the Special Facility for Sub-Saharan Africa, administered by
the Association, amounts appropriated pursuant to subsection
(b).
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\24\ 22 U.S.C. 284q and 284q note. Sec. 101(i) of the Further
Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1294)
added sec. 19, which enacted sec. 102 of H.R. 2253.
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(b) For purposes of the United States contribution provided
for in subsection (a), there are authorized to be appropriated,
without fiscal year limitation, $225,000,000.\25\
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\25\ Appropriations for U.S. payments authorized in sec. 19 have
been provided in the following amounts and Public Laws: fiscal year
1986--$75 million (actual contribution was $71.8 million resulting from
budgetary reductions mandated by Gramm-Rudman) (Public Law 99-190);
fiscal year 1987--$64.8 million (Public Law 99-591).
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Sec. 20.\26\ (a) The United States Governor is hereby
authorized to agree on behalf of the United States to pay to
the Association $2,875,000,000 to the eighth replenishment of
the resources of the Association, except that any commitment to
make such contributions shall be made subject to obtaining the
necessary appropriations.
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\26\ Added by sec. 101 of H.R. 3750 (as introduced on Dec. 11,
1987), which was enacted into law by reference in title II of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329 at 1329-
134).
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(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $2,875,000,000
for payment by the Secretary of the Treasury.\27\
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\27\ Appropriations for the U.S. contribution authorized in sec. 20
have been provided in the following amounts and Public Laws: fiscal
year 1988--$915 million (Public Law 100-202); fiscal year 1989--$995
million (Public Law 100-461); fiscal year 1990--$960 million (Public
Law 101-167); fiscal year 1991--$4.15 million (Public Law 101-513).
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SEC. 21.\28\ NINTH REPLENISHMENT.
(a) In General.--The United States Governor is hereby
authorized to agree on behalf of the United States to pay to
the Association $3,180,000,000 to the ninth replenishment of
the resources of the Association, subject to obtaining the
necessary appropriations.
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\28\ 22 U.S.C. 284s. Sec. 562(a)(1) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1991 (Public
Law 101-513; 104 Stat. 2032), added sec. 21.
Appropriations for the U.S. contribution to the ninth replenishment
were provided in the following amounts and Public Laws: fiscal year
1991--$1.1 billion (Public Law 101-513); fiscal year 1991
sequestration--$20.2 million (Public Laws 99-177, 100-119, 101-508);
fiscal year 1991 sequestration restoration--$20.2 million (Public Law
102-27); fiscal year 1992 continuing resolutions--$1.0 billion (Public
Laws 102-145, 102-266); fiscal year 1992 rescission--minus $32.5
million (Public Law 102-298); fiscal year 1993--$1.0 billion (Public
Law 102-391); fiscal year 1996--$79.7 million (Public Law 104-107).
The Foreign Operations and Related Programs Appropriations Acts of
1994 (Public Law 103-87; 107 Stat. 931), and 1997 (Public Law 104-208;
110 Stat. 3009), provided for participation in the tenth replenishment
in sec. 526 (107 Stat. 952), which authorized a contribution of $2.5
billion. Subsequent appropriations included: fiscal year 1994--$1,024.3
million (Public Law 103-87); fiscal year 1995--$1,235 million (Public
Law 103-306); fiscal year 1996--$616.2 million (Public Law 104-107);
fiscal year 1997--$700 million; fiscal year 1998--$234.5 million
(Public Law 105-118).
The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2425), provided
for participation in the eleventh replenishment, as follows:
---------------------------------------------------------------------------
``international financial institutions
---------------------------------------------------------------------------
``Sec. 560. (a) Authorizations.--The Secretary of the Treasury may,
to fulfill commitments of the United States: * * *(2) contribute on
behalf of the United States to the eleventh replenishment of the
resources of the International Development Association, * * * Each such
subscription or contribution shall be subject to obtaining the
necessary appropriations.''.
Appropriations for the U.S. contribution to the eleventh
replenishment have been provided in the following amounts and Public
Laws: fiscal year 1998--$800 million (Public Law 105-118); fiscal year
1999--$800 million (Public Law 105-277).
Sec. 594 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000 (enacted by reference in sec.
1000(a)(7) of Public Law 106-113; 113 Stat. 1501), provided for
participation in the twelfth replenishment, as follows:
---------------------------------------------------------------------------
``authorizations
---------------------------------------------------------------------------
``Sec. 594. The Secretary of The Treasury may, to fulfill
commitments of the United States: (1) effect the United States
participation in the * * * twelfth replenishment of the International
Development Association. The following amounts are authorized to be
appropriated without fiscal year limitation for payment by the
Secretary of the Treasury: * * * $2,410,000,000 for the International
Development Association.''.
Appropriations for the U.S. contribution have been provided in the
following amounts and Public Laws: fiscal year 2000--$775 million
(Public Law 106-113); fiscal year 1999 rescission--minus $3.7 million;
fiscal year 2001--$775 million (Public Law 106-429); fiscal year 2000
rescission--minus $1.7 million (Public Law 106-429); fiscal year 2002--
$92.4 million (Public Law 107-155).
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(b) Limitations on Authorization of Appropriations.--In order
to pay for the United States contribution provided for in
subsection (a), there are authorized to be appropriated,
without fiscal year limitation, $3,180,000,000 for payment by
the Secretary of the Treasury.
SEC. 22.\29\ THIRTEENTH REPLENISHMENT.
(a) Contribution Authority.--
(1) In general. --The United States Governor of the
Association may contribute on behalf of the United
States an amount equal to the amount appropriated under
subsection (b), pursuant to the resolution of the
Association entitled ``Additions to IDA Resources:
Thirteenth Replenishment''.
---------------------------------------------------------------------------
\29\ 22 U.S.C. 284t. Sec. 580 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004 (Public Law
108-119; 118 Stat. 202), added sec. 22.
---------------------------------------------------------------------------
(2) Subject to appropriations. --Any commitment to
make the contribution authorized by paragraph (1) shall
be effective only to such extent or in such amounts as
are provided in advance in appropriations Acts.
(b) Limitations on Authorization of Appropriations. --For
the contribution authorized by subsection (a), there are
authorized to be appropriated such sums as may be necessary for
payment by the Secretary of the Treasury, without fiscal year
limitation.\30\
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\30\Appropriations for the U.S. contribution to the thirteenth
replenishment were provided in the following amounts and Public Laws:
fiscal year 2003--$850 million (Public Law 108-7); fiscal year 2003
rescission--minus $5.5 million (Public Law 108-7); fiscal year 2004 --
$913.2 million (Public Law 108-199); fiscal year 2004 rescission--minus
$5.4 billion (Public Law 108-199); fiscal year 2005--$850 million
(Public Law 108-447); fiscal year 2005 rescission--minus $6.8 billion
(Public Law 108-447).
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SEC. 23.\31\ FOURTEENTH REPLENISHMENT.
(a) The United States Governor International Development
Association is authorized to contribute on behalf of the United
States $2,850,000,000 to the fourteenth replenishment of the
resources of the Association, subject to obtaining the
necessary appropriations.
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\31\ 22 U.S.C. 2842. Sec. 599C(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005 (Public Law
109-102; 119 Stat. 2243), added sec. 23.
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(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $2,850,000,000
for payment by the Secretary of the Treasury.\32\
---------------------------------------------------------------------------
\32\Appropriations for the U.S. contribution to the fourteenth
replenishment were provided in the following amounts and Public Laws:
fiscal year 2006--$950 million (Public Law 109-102); fiscal year 2006
rescission--minus $9.5 million (Public Law 109-148).
Sec. 599D of the Foreign Operations, Export Financing, and Related
Programs Appropriations, 2006 (Public Law 106-102; 119 Stat. 2243),
provided the following:
---------------------------------------------------------------------------
``anticorruption provisions
---------------------------------------------------------------------------
``Sec. 599D. Twenty percent of the funds appropriated by this Act
under the heading `International Development Association', shall be
withheld from disbursement until the Secretary of the Treasury
certifies to the appropriate congressional committees that--
``(1) World Bank procurement guidelines are applied to all
procurement financed in whole or in part by a loan from the
International Bank for Reconstruction and Development (IBRD) or a
credit agreement or grant from the International Development
Association (IDA);
``(2) the World Bank proposal `Increasing the Use of Country
Systems in Procurement' dated March 2005 has been withdrawn;
``(3) the World Bank is maintaining a strong central procurement
office staffed with senior experts who are designated to address
commercial concerns, questions, and complaints regarding procurement
procedures and payments under IDA and IBRD projects;
``(4) thresholds for international competitive bidding are
established to maximize international competitive bidding in accordance
with sound procurement practices, including transparency, competition,
and cost-effective results for the Borrowers;
``(5) all tenders under the World Bank's national competitive
bidding provisions are subject to the same advertisement requirements
as tenders under international competitive bidding; and
``(6) loan agreements are made public between the World Bank and
the Borrowers.''.
(5) Special Facility for Sub-Saharan Africa
Partial text of H.R. 2253 [Multilateral Development Bank Act of 1985]
as enacted into law by sec. 101(i) of the Further Continuing
Appropriations, 1986 (Public Law 99-190; 99 Stat. 1294), approved
December 19, 1985
Note.--Except for the provisions included below, H.R.
2253 contained amendments to the International
Development Association Act, the African Development
Fund Act, and the Bretton Woods Agreement Act. These
amendments are incorporated into the text at the
appropriate places.
* * * * * * *
TITLE I--SPECIAL FACILITY FOR SUB-SAHARAN AFRICA
SEC. 101. FINDINGS.
The Congress hereby finds that--
(1) Sub-Saharan Africa faces a virtually
unprecedented condition of human misery which threatens
the lives of one hundred and fifty million people;
(2) only the combined effort of both the African
nations themselves and international aid donors can
overcome the obstacles to economic development which
have given rise to conditions of famine, declining food
production, infant mortality, desertification, and
deteriorating infrastructure;
(3) international relief efforts have helped to
address the immediate crisis of starvation in Africa
and the United States has made important contributions
to this effort both bilaterally and through
contributions to the multilateral development
institutions;
(4) there is a serious shortfall in the external
capital resources necessary to support the policy
reform efforts of the African governments and to
achieve the long-term development necessary to avert a
chronic state of crisis in Sub-Saharan Africa;
(5) the Special Facility for Sub-Saharan Africa will
have as its primary goal the implementation of policy
reforms to help the African countries to help
themselves;
(6) to succeed, these efforts must be reinforced by
development resources;
(7) the appalling conditions prevalent in the
countries of Sub-Saharan Africa underscore the need for
the United States to participate in a coordinated
framework with the other aid donor countries; and
(8) the Special Facility for Sub-Saharan Africa
provides such a framework and it is in the
humanitarian, economic, and strategic interests of the
United States to participate.
* * * * * * *
(6) International Finance Corporation Act, as amended
Public Law 84-350 [S. 1894], 69 Stat. 669, approved August 11, 1955; as
amended by Public Law 87-185 [H.R. 6765], 75 Stat. 413, approved August
30, 1961; Public Law 89-126 [S. 1742], 79 Stat. 519, approved August
14, 1965; Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at 1068,
approved October 3, 1977; Public Law 99-190 [Further Continuing
Appropriations, 1986; H.J. Res. 465], 99 Stat. 1185, approved December
19, 1985; Public Law 101-240 [International Development and Finance Act
of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989; Public
Law 101-513 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November
5, 1990; Public Law 102-145 [Further Continuing Appropriations, Fiscal
Year 1992; H.J.Res. 360], 105 Stat. 968, approved October 28, 1991; and
Public Law 102-511 [FREEDOM Support Act, S. 2532], 106 Stat. 3320,
approved October 24, 1992
AN ACT To provide for the participation of the United States in the
International Finance Corporation.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Finance Corporation Act''.
acceptance of membership
Sec. 2.\1\ The President is hereby authorized to accept
membership for the United States in the International Finance
Corporation (hereinafter referred to as the Corporation),
provided for by the Articles of Agreement of the Corporation
deposited in the archives of the International Bank for
Reconstruction and Development.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 282.
---------------------------------------------------------------------------
governor, executive director, and alternates
Sec. 3.\2\ The governor and executive director of the
International Bank for Reconstruction and Development, and the
alternate for each of them, appointed under section 3 of the
Bretton Woods Agreements Act, as amended (22 U.S.C. 286a),
shall serve as governor, director and alternates, respectively,
of the Corporation.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 282a.
---------------------------------------------------------------------------
national advisory council on international monetary and financial
problems
Sec. 4.\3\ The provisions of section 4 of the Bretton Woods
Agreements Act, as amended (22 U.S.C. 286b), shall apply with
respect to the Corporation to the same extent as with respect
to the International Bank for Reconstruction and
Development.\4\
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\3\ 22 U.S.C. 282b.
\4\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(e)(1)
struck out the last sentence of this section, which read: ``Reports
with respect to the Corporation under paragraphs 5 and 6 of subsection
(b) of section 4 of said Act, as amended, shall be included in the
first report made thereunder after the establishment of the Corporation
and in each succeeding report.''.
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certain acts not to be taken without authorization
Sec. 5.\5\ Unless Congress by law authorizes such action,
neither the President nor any person or agency shall on behalf
of the United States (a) subscribe to additional shares of
stock under article II, section 3, of the Articles of Agreement
of the Corporation; (b) accept any amendment under article VII
of the Articles of Agreement of the Corporation; (c) make any
loan to the Corporation. The United States Governor of the
Corporation is authorized to agree to an amendment to article
III of the Articles of Agreement of the Corporation to
authorize the Corporation to make investments of its funds in
capital stock and to limit the exercise of voting rights by the
Corporation unless exercise of such rights is deemed necessary
by the Corporation to protect its interests, as proposed in the
resolution submitted by the Board of Directors on February 20,
1961.\6\ Unless Congress by law authorizes such action, no
governor or alternate representing the United States shall vote
for an increase of capital stock of the Corporation under
article II, section 2(c)(ii), of the Articles of Agreement of
the Corporation.
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\5\ 22 U.S.C. 282c.
\6\ Public Law 87-185 (75 Stat. 413) inserted this sentence
authorizing acceptance of an amendment to the articles of agreement of
the International Finance Corporation permitting investment in capital
stock.
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depositories
Sec. 6.\7\ Any Federal Reserve Bank which is requested to
do so by the Corporation shall act as its depository or as its
fiscal agent, and the Board of Governors of the Federal Reserve
System shall supervise and direct the carrying out of these
functions by the Federal Reserve banks.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 282d.
---------------------------------------------------------------------------
payment of subscriptions
Sec. 7.\8\ (a) The Secretary of the Treasury is authorized
to pay the subscription of the United States to the Corporation
and for this purpose is authorized to use as a public-debt
transaction not to exceed $35,168,000 of the proceeds of any
securities hereafter issued under the Second Liberty Bond Act,
as amended, and the purposes for which securities may be issued
under the Act are extended to include such purpose. Payment
under this subsection of the subscription of the United States
to the Corporation and any repayment thereof shall be treated
as public-debt transactions of the United States.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 282e.
---------------------------------------------------------------------------
(b) Any payment of dividends made to the United States by
the Corporation shall be covered into the Treasury as a
miscellaneous receipt.
jurisdiction and venue of actions
Sec. 8.\9\ For the purpose of any action which may be
brought within the United States or its Territories or
possessions by or against the Corporation in accordance with
the Articles of Agreement of the Corporation, the Corporation
shall be deemed to be an inhabitant of the Federal judicial
district in which its principal office in the United States is
located, and any such action at law or in equity to which the
Corporation shall be a party shall be deemed to arise under the
laws of the United States, and the district courts of the
United States shall have original jurisdiction of any such
action. When the Corporation is a defendant in any such action,
it may, at any time before the trial thereof, remove such
action from a State court into the district court of the United
States for the proper district by following the procedure for
removal of causes otherwise provided by law.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 282f.
---------------------------------------------------------------------------
status, immunities and privileges
Sec. 9.\10\ The provisions of article V, section 5(d), and
article VI, sections 2 to 9, both inclusive, of the Articles of
Agreement of the Corporation shall have full force and effect
in the United States and its Territories and possessions upon
acceptance of membership by the United States in, and the
establishment of, the Corporation.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 282g.
---------------------------------------------------------------------------
Sec. 10.\11\ The United States Governor of the Corporation
is authorized to agree to the amendments of the Articles of
Agreement of the Corporation to remove the prohibition therein
contained against the Corporation lending to or borrowing from
the International Bank for Reconstruction and Development, and
to place limitations on such borrowings.
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\11\ 22 U.S.C. 282h. Sec. 2 of Public Law 89-126 (79 Stat. 519)
added sec. 10.
---------------------------------------------------------------------------
Sec. 11.\12\ (a) The United States Governor of the
Corporation is authorized--
---------------------------------------------------------------------------
\12\ 22 U.S.C. 282i. Sec. 301 of Public Law 95-118 (91 Stat. 1068)
added sec. 11.
---------------------------------------------------------------------------
(1) to vote for an increase of five hundred and forty
thousand shares in the authorized capital stock of the
Corporation; and
(2) if such increase becomes effective, to subscribe
on behalf of the United States to one hundred and
eleven thousand four hundred and ninety-three
additional shares of capital stock of the Corporation:
Provided, however, That any commitment to make payment
for such additional subscriptions shall be made subject
to obtaining the necessary appropriations.
(b) In order to pay for the increase in the United States
subscription to the Corporation provided for in this section,
there are hereby authorized to be appropriated, without fiscal
year limitations, $111,493,000 for payment by the Secretary of
the Treasury.\13\
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\13\ Appropriation of funds for this increase in the U.S.
subscription have been made in the following amounts and Public Laws:
fiscal year 1978--$38 million (Public Law 95-148); fiscal year 1979--
$40 million (Public Law 95-481); fiscal year 1980--$33.4 million
(Public Law 96-123) (only $19 million of the fiscal year 1980
appropriation spent); fiscal year 1981--$0; fiscal year 1982--$14.4
million (Public Law 97-121).
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capital stock increase
Sec. 12.\14\ (a) The United States Governor of the
Corporation is authorized--
---------------------------------------------------------------------------
\14\ 22 U.S.C. 282j. Added byy sec. 101(i) of the Further
Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1294),
which enacted sec. 3 of H.R. 1948 as introduced April 3, 1985.
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(1) to vote for an increase of 650,000 shares in the
authorized capital stock of the Corporation; and
(2) to subscribe on behalf of the United States to
175,162 additional shares of the capital stock of the
Corporation, except that any subscription to additional
shares shall be effective only to such extent or in
such amounts as are provided in advance in
appropriations Acts.
(b) In order to pay for the increase in the United States
subscription to the Corporation provided for in this section,
there are authorized to be appropriated, without fiscal year
limitation, $175,162,000 for payment by the Secretary of the
Treasury.\15\
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\15\ Appropriation of funds for this increase have been made in the
following amounts and Public Laws: fiscal year 1986--$29 million
(Public Law 99-190), reduced by $1.2 million as a result of
sequestration (Public Law 99-177); fiscal year 1987 supplemental--$7.2
million (Public Law 100-71); fiscal year 1988--$20.3 million (Public
Law 100-202); fiscal year 1989--$4.9 million (Public Law 100-461);
fiscal year 1990--$75 million (Public Law 101-167); fiscal year 1991--
$40.3 million (Public Law 101-513).
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SEC. 13.\16\ SECURITIES ISSUED BY THE CORPORATION.
(a) Exemption from Securities Laws; Reports to Securities and
Exchange Commission.--Any securities issued by the Corporation
(including any guaranty by the Corporation, whether or not
limited in scope) and any securities guaranteed by the
Corporation as to both principal and interest shall be deemed
to be exempted securities within the meaning of section 3(a)(2)
of the Securities Act of 1933 and section 3(a)(12) of the
Securities Exchange Act of 1934. The Corporation shall file
with the Securities and Exchange Commission such annual and
other reports with regard to such securities as the Commission
shall determine to be appropriate in view of the special
character of the Corporation and its operations and necessary
in the public interest or for the protection of investors.
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\16\ Sec. 562(e)(1)(A) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2037) added sec. 13.
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(b) Authority of Securities and Exchange Commission to
Suspend Exemption: Reports to the Congress.--The Securities and
Exchange Commission, acting in consultation with the National
Advisory Council on International Monetary and Financial
Problems, is authorized to suspend the provisions of subsection
(a) at any time as to any or all securities issued or
guaranteed by the Corporation during the period of such
suspension. The Commission shall include in its annual reports
to the Congress such information as it shall deem advisable
with regard to the operations and effect of this section.
SEC. 14.\17\ CAPITAL STOCK INCREASE.
(a) Subscription Authorized.--
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\17\ 22 U.S.C. 282l. Sec. 125(a) of the Further Continuing
Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended by
Public Law 102-266; 106 Stat. 97), added sec. 14.
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(1) In general.--The United States Governor of the
Corporation may--
(A) vote for an increase of 1,000,000 shares
in the authorized capital stock of the
Corporation; and
(B) subscribe on behalf of the United States
to 250,000 additional shares of the capital
stock of the Corporation.
(2) Prior appropriation required.--The subscription
authority provided in paragraph (1) shall be effective
only to such extent or in such amounts as are provided
in advance in appropriations Acts.
(b) Limitations on Authorization of Appropriations.--In
order to pay for the subscription authorized in subsection (a),
there are authorized to be appropriated, without fiscal year
limitation, $50,000,000 for payment by the Secretary of the
Treasury.\18\
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\18\ Appropriation of funds for this increase have been made in the
following amounts and Public Laws: fiscal year 1992--$39.7 million
(Public Law 102-145, as amended by Public Law 102-266); fiscal year
1993--$35.76 (Public Law 102-391); fiscal year 1994--$35.76 (Public Law
103-87); fiscal year 1995--$68.741 million (Public Law 103-306); fiscal
year 1996--$60.9 million (of which not more than $5.27 million was
could be expended in fiscal year 1996) (Public Law 104-107); fiscal
year 1997--$6.65 million (Public Law 104-208).
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SEC. 15.\19\ AUTHORITY TO VOTE FOR CAPITAL INCREASES NECESSARY TO
SUPPORT ECONOMIC RESTRUCTURING IN THE INDEPENDENT
STATES OF THE FORMER SOVIET UNION.
The United States Governor of the Corporation may vote in
favor of any increase in the capital stock of the Corporation
that may be needed to accommodate the requirements of the
independent states of the former Soviet Union (as defined in
section 3 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992).
---------------------------------------------------------------------------
\19\ 22 U.S.C. 282m. Sec. 1005 of the FREEDOM Support Act (Public
Law 102-511; 106 Stat. 3361) added sec. 15.
---------------------------------------------------------------------------
SEC. 16.\20\ AUTHORITY TO AGREE TO AMENDMENTS TO THE ARTICLES OF
AGREEMENT.
The United States Governor of the Corporation is authorized
to agree to amendments to the Articles of Agreement of the
Corporation that would--
---------------------------------------------------------------------------
\20\ 22 U.S.C. 282n. Sec. 1006 of the FREEDOM Support Act (Public
Law 102-511; 106 Stat. 3361) added sec. 16.
---------------------------------------------------------------------------
(1) amend Article II, Section 2(c)(ii), to increase
the vote by which the Board of Governors of the
Corporation may increase the capital stock of the
Corporation from a three-fourths majority to a four-
fifths majority; and
(2) amend Article VII(a) to increase the vote by
which the Board of Governors of the Corporation may
amend the Articles of Agreement of the Corporation from
a four-fifths majority to an eighty-five percent
majority.
(7) Multilateral Investment Guarantee Agency Act
Partial text of H.R. 3570 as enacted into law by sec. 101(e) of Public
Law 100-202 [Continuing Appropriations, 1988; H.J. Res. 395], 101 Stat.
1329, approved December 22, 1987; as amended by Public Law 101-240
[International Development and Finance Act of 1989; H.R. 2494], 103
Stat. 2518, approved December 19, 1989
Note.--Sec. 101(e) of the Continuing Appropriations,
1988 (Public Law 100-202) enacted into law title IV of
H.R. 3570, as introduced in the House of
Representatives on December 11, 1987. The text of title
IV is set out below.
TITLE IV--MULTILATERAL INVESTMENT GUARANTEE AGENCY
Sec. 401. This title may be cited as the ``Multilateral
Investment Guarantee Agency Act''.
Sec. 402. This title shall be codified as subchapter XXVI
of chapter 7 of title 22 of the United States Code.
acceptance of membership
Sec. 403.\1\ The President is hereby authorized to accept
membership for the United States in the Multilateral Investment
Guarantee Agency (hereinafter in this title referred to as the
``Agency'') provided for by the Convention Establishing the
Multilateral Investment Guarantee Agency (hereinafter in this
title referred to as the ``Convention'') deposited in the
archives of the International Bank for Reconstruction and
Development (hereinafter in this title referred to as the
``Bank'').
---------------------------------------------------------------------------
\1\ 22 U.S.C. 290k.
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governor and alternate governor
Sec. 404.\2\ The Governor and Alternate Governor of the
Bank, appointed under section 3 of the Bretton Woods Agreements
Act, as amended (22 U.S.C. 286a), shall serve as Governor and
Alternate Governor, respectively, of the Agency.
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\2\ 22 U.S.C. 290k-1.
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instructions for united states director
Sec. 405.\3\ Immediately after taking office and prior to
the issuance by the Agency of its first guarantee, the United
States Director of the Agency shall propose and actively seek
the adoption by the Board of Directors of policies and
procedures under which the Agency will not issue guarantees in
respect of any proposed investment that would--
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\3\ 22 U.S.C. 290k-2.
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(1) be in any country which has not taken or is not
taking steps to afford internationally recognized
workers' rights to workers in that country;
(2) be subject to trade-distorting performance
requirements imposed by the host country that are
likely to result in a significant net reduction in--
(A) employment in the United States or other
member countries; or
(B) other trade benefits likely to accrue to
the United States or other member countries
from the investment; or
(3) increase a country's productive capacity in an
industry already facing excess worldwide capacity for
the same, similar or competing product, and cause
substantial injury to producers of such product in
another member country.
Sec. 406.\4\ Consistent with the purposes of section 405,
the Secretary of the Treasury shall--
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\4\ 22 U.S.C. 290k-3.
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(1) instruct the United States Directory to oppose,
and to actively seek the concurrence of other members
of the Board of Directors in opposing, any guarantee or
other investment promotion under consideration by the
Agency if the proposed investment would--
(A) be in any country which is not a
beneficiary developing country for purposes of
title V of the Trade Act of 1974 because it has
not taken or is not taking steps to afford
internationally-recognized workers' rights to
workers in that country;
(B) be subject to trade-distorting
performance requirements imposed by the host
country that are likely to result in a
significant net reduction in--
(i) employment in the United States;
or
(ii) other trade benefits likely to
accrue to the United States from the
investment; or
(C) likely increase a country's productive
capacity in an industry already facing excess
worldwide capacity for the same, similar or
competing product, and cause substantial injury
to producers of such products in the United
States; and
(2) within 12 months after the United States becomes
a member of the Agency and each year thereafter for the
3 succeeding years, conduct an independent evaluation
of the United States investments which have been
guaranteed by the Agency to determine--
(A) the anticipated net impact of such
investments on employment in and exports from
the United States, and
(B) the extent to which such investments were
made in countries which had not taken or are
not taking steps to afford internationally-
recognized workers' rights to workers in those
countries.
In the course of conducting each evaluation required under
paragraph (2), the Secretary shall actively solicit and take
into account the views of United States labor organization. The
Secretary shall furnish a copy of each such evaluation on its
completion to the Congress.
Sec. 407.\5\ Recognizing that United States participation
in the Agency represents an effort to enhance United States
trade prospects and strengthen the role of the United States
private sector in the development process, the Secretary of the
Treasury shall ensure regular and continuing consultations with
United States private sector representatives and
representatives of United States labor organizations, through
appropriate mechanisms, on policy directions and operations of
the Agency, and shall take account of those consultations in
determining the policies of the United States toward the
Agency.
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\5\ 22 U.S.C. 290k-4.
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applicability of bretton woods agreements act
Sec. 408.\6\ The provisions of section 4 of the Bretton
Woods Agreements Act shall apply with respect to the Agency to
the same extent as with respect to the Bank and the
International Monetary Fund.\7\
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\6\ 22 U.S.C. 290k-5.
\7\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(e)(5)
struck out the last sentence of this section, which read: ``Reports
with respect to the Agency under paragraphs (5) and (6) of section 4(b)
of such Act shall be included in the reports made thereunder after the
United States accepts membership in the Agency.''.
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restrictions
Sec. 409.\8\ Unless authorized by law, neither the
President nor any person or agency shall, on behalf of the
United States--
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\8\ 22 U.S.C 290k-6.
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(1) subscribe to additional shares of stock of the
Agency;
(2) vote for or agree to any amendment of the
Convention which increases the obligations of the
United States, or which changes the purpose or
functions of the Agency; or
(3) make a loan or provide other financing to the
Agency.
federal reserve banks as depositories
Sec. 410.\9\ Any Federal Reserve bank that is requested to
do so by the Agency shall act as its depository or as its
fiscal agent, and the Board of Governors of the Federal Reserve
System shall supervise and direct the carrying out of these
functions by the Federal Reserve banks.
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\9\ 22 U.S.C. 290k-7.
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subscription of stock
Sec. 411.\10\ (a) The Secretary of the Treasury is
authorized to subscribe on behalf of the United States to
20,519 shares of the capital stock of the Agency, except that
the subscription shall be effective only to such extent or in
such amounts as are provided in advance in appropriations acts.
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\10\ 22 U.S.C. 290 k-8. Sec. 594 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000 (enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
122), provided the following:
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``Authorizations
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``Sec. 594. The Secretary of The Treasury may, to fulfill
commitments of the United States: (1) effect the United States
participation in * * * the first general capital increase of the
Multilateral Investment Guarantee Agency * * * The following amounts
are authorized to be appropriated without fiscal year limitation for
payment by the Secretary of the Treasury: * * * $29,870,087 for paid-in
capital, and $139,365,533 for callable capital, of the Multilateral
Investment Guarantee Agency * * *''.
Appropriations for the U.S. contribution were made in the following
amounts and Public Laws: fiscal year 2000--$4 million paid-in capital,
$20 million callable capital (Public Law 106-113); fiscal year 2001--
$10 million paid-in capital, $50 million callable capital, fiscal year
2000 rescission--minus $0.022 million (Public Law 106-429); fiscal year
2002--$5 million paid-in capital, $25 million callable capital (Public
Law 107-155); fiscal year 2004--$1.124 million paid-in capital, $4.449
million callable capital, rescission--minus $0.007 million (Public Law
106-429).
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(b) In order to pay for United States subscription
authorized in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $222,015,580, for
payment by the Secretary of the Treasury.\11\
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\11\ The appropriation for the U.S. payment authorized in sec. 411
for fiscal year 1988 was $222 million ($44.4 million paid-in capital;
$177.6 million callable capital) (Public Law 100-202).
The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations
Act, 1988; Public Law 100-202; 101 Stat. 1329-132), also contained the
following provisions relating to the U.S. payment:
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``contribution to the multilateral investment guarantee agency
---------------------------------------------------------------------------
``For payment to the Multilateral Investment Guarantee Agency by
the Secretary of the Treasury, for the paid-in share of the capital
stock, $44,403,116, to remain available until expended: Provided, That
no such payment may be made prior to April 30, 1988: Provided further,
That no such payment may be made on or after April 30, 1988, unless the
Secretary of the Treasury certifies and reports to the Congress that
the United States Director of the Agency has proposed and actively
sought the adoption by the Agency of the policies and procedures
specified in section 405 of H.R. 3750, as enacted herein: Provided
further, That no such payment may be made on or after April 30, 1988,
unless the Secretary of the Treasury certifies and reports to the
Congress that the Board has adopted those policies and procedures, or
substantially similar policies and procedures, or that the United
States Director of the Agency will continue to propose and actively
seek the adoption by the Agency of those policies and procedures until
those policies and procedures, or substantially similar policies and
procedures, have been adopted by the Board and that the failure to make
such payment is likely to make the adoption of those policies and
procedures more difficult to achieve.''.
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(c) Any payment of dividends made to the United States by
the Agency shall be deposited into the Treasury as a
miscellaneous receipt.
jurisdiction of united states courts and enforcement of arbitral awards
Sec. 412.\12\ For the purposes of any civil action which
may be brought within the United States, its territories or
possessions, or the Commonwealth of Puerto Rico, by or against
the Agency in accordance with the Convention, including an
action brought to enforce an arbitral award against the Agency,
the Agency shall be deemed to be an inhabitant of the Federal
judicial district in which its principal office within the
United States or its agency appointed for the purpose of
accepting service or notice of service is located, and any such
action to which the Agency shall be a party shall be deemed to
arise under the laws of the United States, and the district
courts of the United States, including the courts enumerated in
section 460 of title 28, United States Code, shall have
original jurisdiction of any such action. When the Agency is a
defendant in any action in a State court, it may at any time
before the trial thereof remove the action into the appropriate
district court of the United States by following the procedure
for removal provided in section 1446 of title 28, United States
Code.
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\12\ 22 U.S.C. 290k-10.
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Sec. 413.\13\ Articles 43 through 48, inclusive, of the
Convention shall have full force and effect in the United
States, its territories and possessions, and the Commonwealth
of Puerto Rico, upon the entry into force of the Convention for
the United States.
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\13\ 22 U.S.C. 290k-11.
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Sec. 414.\14\ (a) An award of an arbitral tribunal
resolving a dispute arising under Article 57 or Article 58 of
the Convention shall create a right arising under a treaty of
the United States. The pecuniary obligations imposed by such an
award shall be enforced and shall be given the same full faith
and credit as if the award were a final judgment of a court of
general jurisdiction of one of the several States. The Federal
Arbitration Act (9 U.S.C. 1, et seq.) shall not apply to
enforcement of awards rendered pursuant to the Convention.
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\14\ 22 U.S.C. 290k-11.
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(b) The district courts of the United States (including the
courts enumerated in section 460 of title 28, United States
Code) shall have exclusive jurisdiction over actions and
proceedings under subsection (a) of this section, regardless of
the amount in controversy.
b. Inter-American Development Bank
(1) Inter-American Development Bank Act, as amended
Public Law 86-147 [S. 1928], 73 Stat. 299, approved August 7, 1959; as
amended by Public Law 88-259 [H.R. 7406], 78 Stat. 3, approved January
22, 1964; Public Law 89-6 [H.R. 45], 79 Stat. 23, approved March 24,
1965; Public Law 90-88 [H.R. 9547], 81 Stat. 226, approved September
22, 1967; Public Law 90-325 [H.R. 15364], 82 Stat. 168, approved June
4, 1968; Public Law 91-599 [H.R. 18306], 84 Stat. 1657, approved
December 30, 1970; Public Law 92-246 [S. 748], 86 Stat. 59, approved
March 10, 1972; Public Law 94-302 [H.R. 9721], 90 Stat. 591, approved
May 31, 1976; Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at 1070,
approved October 3, 1977; Public Law 96-259 [S. 662], 94 Stat. 429,
approved June 3, 1980; Public Law 97-35 [H.R. 3982], 95 Stat. 357 at
744, approved August 13, 1981; Public Law 98-181 [Supplemental
Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at 1284, approved
November 30, 1983; Public Law 100-202 [Continuing Appropriations, 1988;
H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987; Public Law
101-240 [International Development and Finance Act of 1989; H.R. 2494],
103 Stat. 2492, approved December 19, 1989; Public Law 102-391 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1993; H.R. 5368], 106 Stat. 1633, approved October 6, 1992; Public Law
103-306 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1995; H.R. 4426], 108 Stat. 1608, approved August
23, 1994; and Public Law 104-316 [General Accounting Office Act of
1996; H.R. 3864], 110 Stat. 3826, approved October 19, 1996
AN ACT To provide for the participation of the United States in the
Inter-American Development Bank.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``Inter-American
Development Bank Act''.
acceptance of membership
Sec. 2.\1\ The President is hereby authorized to accept
membership for the United States in the Inter-American
Development Bank (hereinafter referred to as the Bank),
provided for by the agreement establishing the bank
(hereinafter referred to as the agreement) deposited in the
archives of the Organization of American States.
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\1\ 22 U.S.C. 283.
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governor, alternate governor, and executive director
Sec. 3.\2\ (a) The President, by and with the advice and
consent of the Senate, shall appoint a Governor of the Bank and
an alternate for the governor. The term of office for the
governor and the alternate governor shall be five years, but
each shall remain in office until a successor has been
appointed.
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\2\ 22 U.S.C. 283a.
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(b) The President, by and with the advice and consent of
the Senate, shall appoint an Executive Director of the Bank and
an alternate Executive Director.\3\ Except as provided for in
article XV, section 3, of the agreement, the term of office for
the Executive Director shall be three years, but he shall
remain in office until a successor has been appointed.
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\3\ Sec. 21(b) of Public Law 91-599 (84 Stat. 1658) inserted ``and
an alternate Executive''.
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(c) No person shall be entitled to receive any salary or
other compensation from the United States for services as a
governor, alternate governor, or Executive Director.
national advisory council on international monetary and financial
problems
Sec. 4.\4\ The provisions of section 4 of the Bretton Woods
Agreements Act, as amended (22 U.S.C. 286b), shall apply with
respect to the International Bank for Reconstruction and
Development and the International Monetary Fund.\5\
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\4\ 22 U.S.C. 283b.
\5\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(e)(2)
struck out the last sentence of this section, which read: ``Reports
with respect to the Bank under paragraphs (5) and (6) of subsection (b)
of section 4 of said Act, as amended, shall be included in the first
report made thereunder after the establishment of the Bank and in each
succeeding report.''.
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certain acts not to be taken without authorization
Sec. 5.\6\ Unless Congress by law authorizes such action,
neither the President nor any person or agency shall, on behalf
of the United States, (a) subscribe to additional shares of
stock under article II, section 3, or article IIA, section
2,\7\ of the agreement; (b) request or consent to any change in
the quota of the United States under article IV, section 3, of
the agreement; (c) accept any amendment under article XII of
the agreement; or (d) make a loan or provide other financing to
the Bank, except that loans or other financing may be provided
to the Bank by a United States agency created pursuant to an
Act of Congress which is authorized by law to make loans or
provide other financing to international organizations. Unless
Congress by law authorizes such action, no governor or
alternate appointed to represent the United States shall vote
for any increase of capital stock of the Bank under article II,
section 2, or article IIA, section 1,\8\ of the agreement of
any increase in the resources of the Fund for Special
Operations under article IV, section 3(g) thereof.
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\6\ 22 U.S.C. 283c.
\7\ Sec. 103(a)(2) of Public Law 94-302 (90 Stat. 593) inserted ``,
or article IIA, section 2,''.
\8\ Sec. 103(a)(2) of Public Law 94-302 (90 Stat. 593) inserted
``or article IIA, section 1,''.
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depositories
Sec. 6.\9\ Any Federal Reserve bank which is requested to
do so by the Bank shall act as its depository or as its fiscal
agent and the Board of Governors of the Federal Reserve System
shall supervise and direct the carrying out of these functions
by the Federal Reserve banks.
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\9\ 22 U.S.C. 283d.
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payments of subscription
Sec. 7.\10\ (a) There is hereby authorized to be
appropriated, without fiscal year limitation, for the purchase
of thirty-five thousand shares of capital stock in the Bank,
$350 million. In addition, there is hereby authorized to be
appropriated, without fiscal year limitation, for payment of
the subscription of the United States to the Fund for Special
Operations, $100 million.\11\
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\10\ 22 U.S.C. 283e.
\11\ As of October 23, 1962, Congress had appropriated the entire
subscription. See the following appropriation Acts: 73 Stat. 445
(1959); 75 Stat. 721 (1961) and 76 Stat. 1168.
Title II of the Foreign Aid and Related Agencies Appropriation Act,
1964 (Public Law 88-258; 77 Stat. 862), contained the following
provision: ``For payment of subscriptions to the Inter-American
Development Bank for expansion of the Fund for Special Operations,
$50,000,000 to remain available until expended: Provided, That this
paragraph shall be effective only upon enactment into law of
authorizing legislation.''. Sec. 2(b) of Public Law 88-259 (79 Stat.
3), enacted such authorizing legislation.
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(b) For the purpose of keeping to a minimum the cost to the
United States of participation in the Bank, the Secretary of
the Treasury, after paying the requisite part of the
subscription and quota of the United States in the Bank
required to be made under article II, section 4, and article
IV, section 3, respectively, of the agreement, is authorized
and directed to issue special notes of the United States from
time to time, at par, and to deliver such notes to the Bank in
exchange for dollars to the extent permitted by the agreement.
The special notes provided for in this subsection shall be
issued under the authority and subject to the provisions of the
Second Liberty Bond Act, as amended, and the purposes for which
securities may be issued under that Act are extended to include
the purposes for which special notes are authorized and
directed to be issued under this subsection, but such notes
shall bear no interest, shall be nonnegotiable and shall be
payable on demand of the Bank. The face amount of special notes
issued to the Bank under the authority of this subsection and
outstanding at any one time shall not exceed, in the aggregate,
the amount of the subscription and quota of the United States
actually paid to the Bank under article II, section 4, and
article IV, section 3, respectively, of the agreement.
(c) Any payment made to the United States by the Bank as a
distribution of net income shall be covered into the Treasury
as a miscellaneous receipt.
jurisdiction and venue of action
Sec. 8.\12\ For the purpose of any action which may be
brought within the United States, its Territories or
possessions, or the Commonwealth of Puerto Rico by or against
the Bank in accordance with the agreement, the Bank shall be
deemed to be an inhabitant of the Federal judicial district in
which its principal office in the United States is located, and
any such action at law or in equity to which the Bank shall be
a party shall be deemed to arise under the laws of the United
States, and the district courts of the United States shall have
original jurisdiction of any such action. When the Bank is a
defendant in any such action, it may, at any time before the
trial thereof, remove such action from a State court into the
district court of the United States for the proper district by
following the procedure for removal of causes otherwise
provided by law.
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\12\ 22 U.S.C. 283f.
---------------------------------------------------------------------------
status, immunities and privileges
Sec. 9.\13\ The provisions of article X, section 4(c), and
article XI, sections 2 to 9, both inclusive, of the agreement
shall have full force and effect in the United States, its
Territories and possessions, and the Commonwealth of Puerto
Rico, upon acceptance of membership by the United States in,
and the establishment of, the Bank.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 283g.
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securities issued by bank as investment securities for national banks
Sec. 10. The last sentence of paragraph seven of section
5136 of the Revised Statutes, as amended (12 U.S.C. 24), is
amended by inserting after the words ``International Bank for
Reconstruction and Development'' the words ``or the Inter-
American Development Bank'' and by striking the words ``said
Bank'' and inserting in lieu thereof ``either of said Banks''.
securities issued by bank as exempt securities; report filed with
securities and exchange commission
Sec. 11.\14\ (a) Any securities issued by the Bank
(including any guarantee by the Bank, whether or not limited in
scope) in connection with raising of funds for including in the
Bank's \15\ capital resources as defined in article II, section
5, and article IIA, section 4,\15\ of the agreement, and any
securities guaranteed by the Bank as to both the principal and
interest to which the commitment in article II, section
4(a)(ii), or article IIA, section 3(c),\15\ of the agreement is
expressly applicable, shall be deemed to be exempted securities
within the meaning of paragraph (a)(2) of section 3 of the Act
of May 27, 1933, as amended (15 U.S.C. 77c), and paragraph
(a)(12) of section 3 of the Act of June 6, 1934, as amended (15
U.S.C. 78c). The Bank shall file with the Securities and
Exchange Commission such annual and other reports with regard
to such securities as the Commission shall determine to be
appropriate in view of the special character of the Bank and
its operations and necessary in the public interest or for the
protection of investors.
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\14\ 22 U.S.C. 283h.
\15\ Sec. 103(a)(3) of Public Law 94-302 (90 Stat. 593) struck out
``ordinary'' following ``Banks'', and inserted ``and article IIA,
section 4,'' and ``or article IIA, section 3(c),''.
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(b) The Securities and Exchange Commission, acting in
consultation with the National Advisory Council on
International Monetary and Financial Problems, is authorized to
suspend the provisions of subsection (a) at any time as to any
or all securities issued or guaranteed by the Bank during the
period of such suspension. The Commission shall include in its
annual reports to Congress such information as it shall deem
advisable with regard to the operations and effect of this
section and in connection therewith shall include any views
submitted for such purpose by any association of dealers
registered with the Commission.
Sec. 12.\16\ * * * [Repealed--1989]
---------------------------------------------------------------------------
\16\ Formerly at 22 U.S.C. 283i. Sec. 541(d)(3) of the
International Development and Finance Act of 1989 (Public Law 101-240;
103 Stat. 2518) repealed sec. 12.
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Sec. 13.\17\ The United States Governor of the Bank is
hereby authorized (1) to vote (A) for increases in the
authorized capital stock of the Bank under article II, section
2, of the agreement, and (B) for an increase in the resources
of the Fund for Special Operations under article IV, section 3,
of the agreement, all as recommended by the Executive Directors
in a report dated March 18, 1963, to the Board of Governors of
the Bank; (2) to agree on behalf of the United States to
subscribe to its proportionate share of the $1,000,000,000
increase in the authorized callable capital stock of the Bank;
and (3) to vote for an amendment to article VIII, section 3, of
the agreement to provide that the Board of Governors may, upon
certain conditions, increase by one the number of Executive
Directors.
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\17\ 22 U.S.C. 283j. Added by sec. 1 of Public Law 88-259 (78 Stat.
3). Sec. 2(a) of that Act authorized the appropriation of $411,760,000,
without fiscal year limitation, for payment of the increased U.S.
subscription under sec. 13.
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audit
Sec. 14.\18\ (a) The Secretary of the Treasury shall
instruct the United States Executive Director to propose the
establishment by the Board of Executive Directors of a program
of selective but continuing independent and comprehensive audit
of the Inter-American Development Bank, in accordance with such
terms of reference as the Board of Executive Directors itself
(or through a subcommittee) may prescribe. Such proposal shall
provide that the audit reports be submitted to the Board of
Executive Directors and to the Board of Governors.
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\18\ 22 U.S.C. 283j-1. Public Law 90-88 (81 Stat. 227) added sec.
14.
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(b) The Secretary of the Treasury shall prepare \19\ the
scope of the audit and the auditing and reporting standards for
the use of the United States Executive Directors in assisting
in the formulation of the terms of reference.
---------------------------------------------------------------------------
\19\ Sec. 111(b)(1) of Public Law 104-316 (110 Stat. 3833) struck
out ``Comptroller General of the United States shall prepare for the
Secretary of the Treasury'' and inserted in lieu thereof ``Secretary of
the Treasury shall prepare''.
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(c)\20\ The reports of the National Advisory Council on
International Monetary and Financial Policies to the Congress
shall include, among other things, an appraisal of the
effectiveness of the implementation and administration of the
loans made by the Bank based upon the audit reports. The
Comptroller General may \21\ review the reports of audit and
findings and issued and report to the Secretary of the Treasury
and the Congress any suggestions he might have in improving the
scope of the audit or auditing and reporting standards of the
independent auditing firm, group, or staff.
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\20\ Sec. 583(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (sec. 101(d) of Division I of
Public Law 105-277; 112 Stat. 2681-202), states that the requirements
of subsec. (c) shall no longer apply to the contents of the annual
report of the National Advisory Council on International Monetary and
Financial Policies, as required by sec. 1701 of the International
Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
262r).
\21\ Sec. 111(b)(2) of Public Law 104-316 (110 Stat. 3833) struck
out ``shall periodically'' and inserted in lieu thereof ``may''.
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fund for special operations of the bank
Sec. 15.\22\ (a) The United States Governor of the Bank is
hereby authorized to vote in favor of the resolution entitled
``Increase of Resources of the Fund for Special Operations''
proposed by the Governors at their annual meeting in April
1964, and now pending before the Board of Governors of the
Bank. Upon the adoption of such resolution, the United States
Governor is authorized to agree, on behalf of the United
States, to pay to the Fund for Special Operations of the Bank,
the sum of $750,000,000, in accordance with and subject to the
terms and conditions of such resolution.
---------------------------------------------------------------------------
\22\ 22 U.S.C. 283l. Added by Public Law 89-6 (70 Stat. 23) as sec.
14 and redesignated as sec. 15 by Public Law 90-88 (81 Stat. 226).
---------------------------------------------------------------------------
(b) There is hereby authorized to be appropriated without
fiscal year limitation, for the United States share in the
increase in the resources of the Fund for Special Operations of
the Bank, the sum of $750,000,000.
(c) With respect to any dollars herein provided, the voting
power of the United States shall be exercised for the purpose
of disapproving any loan from the Fund for Special Operations
of the Bank for any project, enterprise, or activity in any
country, during any period for which the President has
suspended assistance to the government of such country because
of any action taken on or after January 1, 1962, by the
government of such country or any government agency or
subdivision within such country as specified in paragraph (A),
(B), or (C) of subsection (e)(1) of section 620 of the Foreign
Assistance Act of 1961, as amended, and the failure of such
country within a reasonable time to take appropriate steps to
discharge its obligations or provide relief in accordance with
the provisions of such subsection.
Sec. 16.\23\ (a) The United States Governor of the Bank is
hereby authorized to vote in favor of the resolution entitled
``Increase of $1,200,000,000 in Resources of Fund for Special
Operations'' proposed by the Governors at their annual meeting
in April 1967 and now pending before the Board of Governors of
the Bank. Upon the adoption of such resolution, the United
States Governor is authorized to agree, on behalf of the United
States, to pay to the Fund for Special Operations of the Bank,
the sum of $900,000,000, in accordance with and subject to the
terms and conditions of such resolution, and subject to the
further condition that in consideration of the United States
balance-of-payments deficit any local cost financing, by
project or otherwise, with the funds authorized under this
section be held to the minimum possible level. The United
States Governor is also authorized to vote in favor of the
amendment to Annex C of the agreement, now pending before the
Board of Governors of the Bank, to modify the procedure
employed in the election of Executive Directors.
---------------------------------------------------------------------------
\23\ 22 U.S.C. 283m. Public Law 90-88 (81 Stat. 226) added sec. 16.
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(b) There is hereby authorized to be appropriated without
fiscal year limitation, for the United States share in the
increase in the resources of the fund for Special Operations of
the Bank, the sum of $900,000,000.
(c) The voting power of the United States shall be
exercised for the purpose of disapproving any loan which might
assist the recipient country directly or indirectly to acquire
sophisticated or heavy military equipment.
Sec. 17.\24\ (a) The United States Governor of the Bank is
hereby authorized (1) to vote for an increase in the authorized
capital stock of the Bank under article II, section 2, of the
agreement as recommended by the Board of Executive Directors in
its report of April 1967, to the Board of Governors of the
Bank; and (2) to agree on behalf of the United States to
subscribe to its proportionate share of the $1,000,000,000
increase in the authorized callable capital stock of the Bank.
---------------------------------------------------------------------------
\24\ 22 U.S.C. 283n. Public Law 90-325 (82 Stat. 168) added sec.
17.
---------------------------------------------------------------------------
(b) There is hereby authorized to be appropriated, without
fiscal year limitation, for payment by the Secretary of the
Treasury of the increased United States subscription to the
capital stock of the Inter-American Development Bank,
$411,760,000.
Sec. 18.\25\ (a) The United States Governor of the Bank is
hereby authorized to vote in favor of the two resolutions
proposed by the Governors at their annual meeting in April 1970
and now pending before the Board of Governors of the Bank,
which provide for (1) an increase in the authorized capital
stock to the Bank and additional subscriptions of members
thereto and (2) an increase in the resources of the Fund for
Special Operations and contributions thereto. Upon adoption of
such resolutions the United States Governor is authorized to
agree on behalf of the United States (1) to subscribe to
eighty-two thousand three hundred and fifty-two shares of
$10,000 par value of the increase in the authorized capital
stock of the Bank of which sixty-seven thousand three hundred
and fifty-two shall be callable shares and fifteen thousand
shall be paid in and (2) to pay to the Fund for Special
Operations an initial annual installment of $100,000,000 and,
upon further authorization by the Congress, two subsequent
annual installments of $450,000,000 each, in accordance with
and subject to the terms and conditions of such resolutions.
---------------------------------------------------------------------------
\25\ 22 U.S.C. 283o. Sec. 21 of Public Law 91-599 (84 Stat. 1658)
added sec. 18.
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(b) There are hereby authorized to be appropriated, without
fiscal year limitation, the amounts necessary for payment by
the Secretary of the Treasury of (1) three annual installments
of $450,000,000 each for the United States subscription to
paid-in capital stock of the Bank; (2) two installments of
$336,760,000 each for the United States subscription to the
callable capital stock of the Bank; and (3) one installment of
$100,000,000 for the United States share of the increase in the
resources of the Fund for Special Operations of the Bank.
Sec. 19.\26\ (a) The United States Governor of the Bank is
authorized to pay to the Fund for Special Operations two annual
installments of $450,000,000 each in accordance with and
subject to the terms and conditions of the resolution adopted
by the Board of Governors on December 31, 1970, concerning an
increase in the resources of the Fund for Special Operations
and contributions thereto.
---------------------------------------------------------------------------
\26\ 22 U.S.C. 283p. Public Law 92-246 (86 Stat. 59) added sec. 19.
---------------------------------------------------------------------------
(b) There are hereby authorized to be appropriated, without
fiscal year limitation, the amounts necessary for payment by
the Secretary of the Treasury of the two annual installments of
$450,000,000 each for the United States share of the increase
in the resources of the Fund for Special Operations of the
Bank.
Sec. 20.\27\ The United States Governor of the Bank is
authorized to agree to amendments to the provisions of the
articles of agreement as provided in proposed Board of
Governors resolutions entitled (a) ``Amendment of the
Provisions of the Agreement Establishing the Bank with Respect
to Membership and to Related Matters'' and (b) ``Amendment of
the Provisions of the Agreement Establishing the Bank with
Respect to the Election of Executive Directors.''
---------------------------------------------------------------------------
\27\ 22 U.S.C. 283q. Public Law 92-246 (86 Stat. 59) added sec. 20.
---------------------------------------------------------------------------
Sec. 21.\28\ The President shall instruct the United States
Executive Director of the Bank to vote against any loan or
other utilization of the funds of the Bank for the benefit of
any country which has--
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\28\ 22 U.S.C. 283r. Public Law 92-246 (86 Stat. 59) added sec. 21.
---------------------------------------------------------------------------
(1) nationalized or expropriated or seized ownership
or control of property owned by any United States
citizen or by any corporation, partnership, or
association not less than 50 per centum of which is
beneficially owned by United States citizens;
(2) take steps to repudiate or nullify existing
contracts or agreements with any United States citizen
or any corporation, partnership, or association not
less than 50 per centum of which is beneficially owned
by United States citizens; or
(3) imposed or enforced discriminatory taxes or other
exactions, or restrictive maintenance or operational
conditions, or has taken other actions, which have the
effect of nationalizing, expropriating, or otherwise
seizing ownership or control of property so owned;
unless the President determines that (A) an arrangement for
prompt, adequate, and effective compensation has been made, (B)
the parties have submitted the dispute to arbitration under the
rules of the Convention for the Settlement of Investment
Disputes, or (C) good faith negotiations are in progress aimed
at providing prompt, adequate, and effective compensation under
the applicable principles of international law.
Sec. 22.\29\ The Secretary of the Treasury shall instruct
the United States Executive Director of the Bank to vote
against any loan or other utilization of the funds of the Bank
for the benefit of any country with respect to which the
President has made a determination, and so notified the
Secretary of the Treasury, that the government of such country
has failed to take adequate steps to prevent narcotic drugs and
other controlled substances (as defined by the Comprehensive
Drug Abuse Prevention and Control Act of 1970) produced or
processed, in whole or in part, in such country, or transported
through such country, from being sold illegally within the
jurisdiction of such country to United States Government
personnel or their dependents, or from entering the United
States unlawfully. Such instruction shall continue in effect
until the President determines, and so notifies the Secretary
of the Treasury, that the government of such country has taken
adequate steps to prevent such sale or entry of narcotic drugs
and other controlled substances.
---------------------------------------------------------------------------
\29\ 22 U.S.C. 283s. Public Law 92-246 (86 Stat. 59) added sec. 22.
---------------------------------------------------------------------------
Sec. 23.\30\ The United States Governor of the Bank is
authorized to vote for three proposed resolutions of the Board
of Governors entitled (a) ``Amendments to the Agreement
Establishing the Bank with respect to the Creation of the
Inter-Regional Capital Stock of the Bank and to Related
Matters'', (b) ``General Rule Governing Admission of
Nonregional Countries to Membership in the Bank'', and (c)
``Increase in the Authorized Callable Ordinary Capital Stock
and Subscriptions Thereto in Connection with the Admission of
Nonregional Member Countries'', which were submitted to the
Board of Governors pursuant to a resolution of the Board of
Executive Directors approved on March 4, 1975.
---------------------------------------------------------------------------
\30\ 22 U.S.C. 283t. Sec. 103(a) of Public Law 94-302 added sec.
23.
---------------------------------------------------------------------------
Sec. 24.\31\ The United States Governor of the Bank is
authorized to agree to the amendments to article II, section
1(b) and article IV, section 3(b) of the Agreement Establishing
the Bank, as proposed by the Board of Executive Directors, to
provide for membership for the Bahamas and Guyana in the Bank
at such times and in accordance with such terms as the Bank may
determine.
---------------------------------------------------------------------------
\31\ 22 U.S.C. 283u. Sec. 103(a) of Public Law 94-302 added sec.
24.
---------------------------------------------------------------------------
Sec. 25.\32\ The United States Governor of the Bank is
authorized to agree to the amendments to article III, sections
1, 4, and 6(b) of the Agreement Establishing the Bank, as
proposed by the Board of Executive Directors, to provide for
lending to the Caribbean Development Bank.
---------------------------------------------------------------------------
\32\ 22 U.S.C. 283v. Sec. 103(a) of Public Law 94-302 added sec.
25.
---------------------------------------------------------------------------
Sec. 26.\33\ (a) The United States Governor of the Bank is
hereby authorized to vote in favor of two resolutions proposed
by the Governors at a special meeting in July 1975, and now
pending before the Board of Governors of the Bank, which
provide for (1) an increase in the authorized capital stock of
the Bank and additional subscriptions of members thereto and
(2) an increase in the resources of the Fund for Special
Operations and contributions thereto. Upon adoption of such
resolutions, the United States Governor is authorized to agree
on behalf of the United States (1) to subscribe to ninety-nine
thousand four hundred and seventy-four shares of $10,000 par
value of the increase in the authorized capital stock of the
Bank of which eighty-nine thousand five hundred and twenty-six
shall be callable shares and nine thousand nine hundred and
forty-eight shall be paid in and (2) to contribute to the Fund
for Special Operations $600,000,000, in accordance with and
subject to the terms and conditions of such resolutions.
---------------------------------------------------------------------------
\33\ 22 U.S.C. 283w. Sec. 101 of Public Law 94-302 added sec. 26.
---------------------------------------------------------------------------
(b) There are hereby authorized to be appropriated, without
fiscal year limitation, the amounts necessary for payment by
the Secretary of the Treasury of (1) $1,199,997,873 for the
United States subscription to the capital stock of the Bank and
(2) $600,000,000 for the United States share of the increase in
the resources of the Fund for Special Operations: Provided,
however, That not more than $15,677,000 may be made available
to the Fund for Special Operations for the fiscal year
1982.\34\
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\34\ Sec. 1351(c) of Public Law 97-35 (95 Stat. 744) added the
proviso clause.
Appropriations for U.S. payments authorized in secs. 26 and 27 have
been provided in the following amounts and Public Laws: fiscal year
1977--Bank capital stock, $376 million ($56 million paid-in capital;
$320 million callable capital) (Public Laws 94-441 and 95-26); Fund for
Special Operations, $160 million (Public Law 95-26); fiscal year 1978--
Bank capital stock, $365.2 million ($36.7 million paid-in capital;
$328.5 million callable capital); Fund for Special Operations, $114.7
million (Public Law 95-148); fiscal year 1979--Bank capital stock,
$588.7 million ($27.3 million paid-in capital; $561.4 million callable
capital); Fund for Special Operations, $175 million (Public Law 95-
481); fiscal year 1980--$0; fiscal year 1981--Fund for Special
Operations, $25 million (Public Law 96-536); fiscal year 1982--$0;
fiscal year 1983--Fund for Special Operations, $46.7 million (Public
Law 97-377); fiscal year 1984--Fund for Special Operations, $78.6
million (Public Law 98-151).
---------------------------------------------------------------------------
Sec. 27.\35\ (a) The United States Governor of the Bank is
hereby authorized to vote for an additional increase of one
hundred and eight thousand shares of $10,000 par value in the
authorized callable capital stock of the Bank as recommended in
the resolution of the Board of Governors entitled ``Increase of
US $4 Billion in the Authorized Capital Stock and Subscriptions
Thereto''. Upon adoption of a Board of Governors resolution
increasing the authorized capital stock of the Bank by such
amount, the United States Governor is authorized to agree on
behalf of the United States to subscribe to thirty-seven
thousand three hundred and three shares of $10,000 par value of
such additional increase in callable capital in accordance with
and subject to the terms and conditions of such resolution.
---------------------------------------------------------------------------
\35\ 22 U.S.C. 283x. Sec. 101 of Public Law 94-302 added sec. 27.
---------------------------------------------------------------------------
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there is
hereby authorized to be appropriated, without fiscal year
limitation, $450,002,218 for payment by the Secretary of the
Treasury.\33\
Sec. 28.\36\ (a) The United States Executive Director of
the Bank shall propose to the Board of Executive Directors of
the Bank the adoption of a resolution providing (1) that the
development and utilization of light-capital or intermediate
technologies should be accepted as major facets of the Bank's
development strategy, and (2) that such light-capital or
intermediate technologies should be developed and utilized as
soon as possible in all Bank activities. Such resolution shall
further provide that, by the close of the calendar year 1977,
some projects that employ primarily such light-capital or
intermediate technologies shall be designed and approved.
---------------------------------------------------------------------------
\36\ 22 U.S.C. 283z. Public Law 94-302 added this section.
Originally added as sec. 29, it was redesignated as sec. 28 by sec. 101
of Public Law 96-259 (94 Stat. 429). The original sec. 28, added by
sec. 103(a) of Public Law 94-302, directed the U.S. Executive Director
of the Bank to vote against any loan or assistance to any country
engaging in violations of human rights, was repealed by sec. 702 of
Public Law 95-118 (91 Stat. 1070). For references concerning U.S.
activity in the Bank and human rights, see title VII of the
International Financial Institutions Act, Public Law 95-118.
---------------------------------------------------------------------------
(b) The United States Governor of the Bank shall report to
the Congress no later than six months after the date of the
enactment of this section on the proposal made under subsection
(a), and no later than twelve months after such date on the
progress that has been made with respect to such proposal.
Sec. 29.\37\ (a) The United States Governor of the Bank is
authorized to vote for two resolutions which were proposed by
the Governors at a special meeting in December 1978 and are
pending before the Board of Governors of the Bank. These
resolutions provide for (1) an increase in the authorized
capital stock of the Bank and additional subscriptions thereto,
and (2) an increase in the resources of the Fund for Special
Operations and contributions thereto. Upon adoption of these
resolutions, the United States Governor is authorized on behalf
of the United States (A) to subscribe to two hundred twenty-
seven thousand eight hundred and ninety-six shares of the
increase in the authorized capital stock of the Bank, of which
two hundred ten thousand eight hundred and four shall be
callable and seventeen thousand and ninety-two shall be paid-
in, and (B) to contribute to the Fund for Special Operations
$630,000,000; except that any commitment to make such
subscriptions to paid-in and callable capital stock and to make
such contributions to the fund for Special Operations shall be
effective only to such extent or in such amounts as are
provided in advance in appropriation Acts.
---------------------------------------------------------------------------
\37\ 22 U.S.C. 283z-1. Sec. 101(2) of Public Law 96-259 (94 Stat.
429) added sec. 29.
---------------------------------------------------------------------------
(b) In order to pay for the increase in the United States
subscription and contribution provided for in this section,
there are authorized to be appropriated, without fiscal year
limitation, for payment by the Secretary of the Treasury (1)
$2,474,287,189 for the United States subscription to the
capital stock of the Bank, and (2) $630,000,000 for the United
States share of the increase in the resources of the Fund for
Special Operations: Provided, however, That for contributions
to the Fund for Special Operations, not more than $175,000,000
may be made available for the fiscal year 1982, and not more
than $105,000,000 may be made available for the fiscal year
1983.\38\
---------------------------------------------------------------------------
\38\ Sec. 1351(b) of Public Law 97-35 (95 Stat. 744) added the
proviso clause.
Appropriations for U.S. payments authorized in sec. 29 have been
provided in the following amounts and Public Laws: fiscal year 1980--
Bank capital stock, $588.7 million ($27.3 million paid-in capital;
$561.4 million callable capital); Fund for Special Operations, $175
million (Public Law 96-123); fiscal year 1981--Bank capital stock,
$612.2 million $51.5 million paid-in capital; $560.7 million callable
capital); Fund for Special Operations, $175 million (Public Law 96-
536); fiscal year 1982--Bank capital stock, $657.7 million ($48.1
million paid-in capital; $609.6 million callable capital); Fund for
Special Operations, $173.2 million (Public Law 97-121); fiscal year
1983--Bank capital stock, $615.6 million ($41.8 million paid-in
capital; $573.8 million callable capital); Fund for Special Operations,
$105 million (Public Law 97-377); fiscal year 1984--Fund for Special
Operations, $1.8 million (Public Law 98-151).
---------------------------------------------------------------------------
(c) For the purpose of keeping to a minimum the cost to the
United States, the Secretary of the Treasury--
(1) shall pay the United States contribution to the
Fund for Special Operations authorized by this section
by letter of credit in four annual installments; and
(2) shall take the steps necessary to obtain a
certification from the Bank that any undisbursed
balances resulting from drawdowns on such letter of
credit will not exceed at any time in the United States
share of expected disbursement requirements for the
following three-month period.
(d) None of the funds authorized to be appropriated by this
section may be used for any form of assistance to any country
which is not a member of the Bank.
Sec. 30.\39\ (a) The United States Governor of the Bank is
authorized on behalf of the United States to contribute to the
Fund for Special Operations $70,000,000: Provided, however,
That any commitment to make such contribution shall be made
subject to obtaining the necessary appropriations.
---------------------------------------------------------------------------
\39\ 22 U.S.C. 283z-2. Sec. 1351(a) of Public Law 97-35 (95 Stat.
744) added sec. 30.
---------------------------------------------------------------------------
(b) In order to pay for a portion of the increase in the
United States subscription to the capital stock of the Bank
provided for in section 29(a) and for the United States
contribution to the Fund for Special Operations provided for in
this section, there are authorized to be appropriated, without
fiscal year limitation, for payment by the Secretary of the
Treasury, (1) $274,920,799 for the United States subscription,
and (2) $70,000,000 for the United States contribution to the
Fund for Special Operations: Provided, however, That no funds
may be made available for such contribution to the Fund for
Special Operations for the fiscal year 1982.\40\
---------------------------------------------------------------------------
\40\ The Further Continuing Appropriations Act, 1983 (Public Law
97-377), provided the following funding during fiscal year 1983 for
this authorization: Bank capital stock, $274.9 million ($20.6 million
paid-in capital; $254.3 million callable capital); Fund for Special
Operations, $70 million.
---------------------------------------------------------------------------
Sec. 31.\41\ (a)(1) The United States Governor of the Bank
is authorized to vote for resolutions--
---------------------------------------------------------------------------
\41\ 22 U.S.C. 283z-3. Sec. 1001 of Public Law 98-181 (97 Stat.
1284) added sec. 31.
---------------------------------------------------------------------------
(A) Which were proposed by the Governors at a special
meeting in February 1983;
(B) Which are pending before the Board of Governors
of the Bank; and
(C) Which provide for--
(i) an increase in the authorized capital
stock of the Bank and subscriptions thereto;
and
(ii) an increase in the resources of the Fund
for Special Operations and contributions
thereto.
(2)(A) Upon adoption of the resolutions specified in
paragraph (1), the United States Governor of the Bank is
authorized on behalf of the United States to--
(i) subscribe to 427,396 shares of the increase in
the authorized capital stock of the bank; and
(ii) contribute $350,000,000 to the Fund for Special
Operations.
(B) any commitment to make such subscriptions to paid-in
and callable capital stock and to make such contributions to
the Fund for Special Operations shall be effective only to such
extent or in such amounts as are provided in advance in
appropriation Acts.
(b) In order to pay for the increase in the United States
subscription and contribution provided for in this section,
there are authorized to be appropriated, without fiscal year
limitation, for payment by the Secretary of the Treasury--
(1) $5,155,862,744 for the United States
subscriptions to the capital stock of the Bank; and
(2) $350,000,000 for the United States share of the
increase in the resources of the Fund for Special
Operations.\42\
---------------------------------------------------------------------------
\42\ Appropriations for U.S. payments authorized in sec. 31 have
been provided in the following amounts and Public Laws: fiscal year
1984--Bank capital stock, $844.5 million ($38 million paid-in capital;
$806.5 million callable capital); Fund for Special Operations, $0
(Public Law 98-151); fiscal year 1985--Bank capital stock, $844.5 ($38
million paid-in capital; $806.5 million callable capital); Fund for
Special Operations, $72.5 million (Public Law 98-473); fiscal year 1985
supplemental--Fund for Special Operations, $42.5 million; Bank capital
stock $889 million ($40 million paid-in capital; $849 million callable
capital) (Public Law 99-88); fiscal year 1986--Fund for Special
Operations, $40 million; Bank capital stock, $1,269 million ($38
million paid-in capital; $1,231 million callable capital) (Public Law
99-190), reduced by $1.6 million as a result of sequestration (Public
Law 99-177); fiscal year 1987--Fund for Special Operations, $17.3
million; Bank capital stock, $1,127.9 million ($16.4 million paid-in
capital; $1,111.6 million callable capital) (Public Law 99-591); fiscal
year 1988--Fund for Special Operations, $25.7 million; Bank capital
stock, $151 million ($31.6 million paid-in capital; $119.4 million
callable capital) (Public Law 100-202); fiscal year 1990--Fund for
Special Operations, $63.7 million; Bank capital stock, $31.6 million
(paid-in capital) (Public Law 101-167); fiscal year 1991--Bank capital
stock, $.14 million (paid-in capital) (Public Law 101-513).
---------------------------------------------------------------------------
Sec. 32.\43\ The United States Governor of the Inter-
American Development Bank is hereby authorized to agree to and
to accept the amendments to the Articles of Agreement in the
proposed resolution entitled ``Merger of Inter-regional and
Ordinary Capital Resources''.
---------------------------------------------------------------------------
\43\ 22 U.S.C 283z-4. Title I of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988 (sec. 101(e)
of the Continuing Appropriations, 1988; Public Law 100-202; 101 Stat.
1329-134), added sec. 32 by enacting into law the amendment made by
sec. 501 of H.R. 3750, as introduced by the House Committee on Banking,
Finance and Urban Affairs, on December 11, 1987.
---------------------------------------------------------------------------
SEC. 33.\44\ CAPITAL INCREASE; INCREASE IN RESOURCES OF FUND FOR
SPECIAL OPERATIONS.
(a) Authority To Vote for, and To Subscribe and Contribute
to, Increase in Authorized Capital Stock of Bank and Increase
in Resources of Fund for Special Operations.--
---------------------------------------------------------------------------
\44\ 22 U.S.C. 283z-5. Sec. 201 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2496) added sec.
33.
---------------------------------------------------------------------------
(1) Vote authorized.--The United States Governor of
the Bank is authorized to vote for resolutions which--
(A) were transmitted by the Board of
Executive Directors to the Governors of the
Bank by resolution of April 19, 1989;
(B) are pending before the Board of Governors
of the Bank; and
(C) provide for--
(i) an increase in the authorized
capital stock of the Bank and
subscriptions to the Bank; and
(ii) an increase in the resources of
the Fund for Special Operations and
contributions to the Fund.
(2) Subscription and contribution authority.--To the
extent and in the amounts provided in advance in
appropriations Acts, on adoption of the resolutions
described in paragraph (1), the United States Governor
of the Bank may, on behalf of the United States--
(A) subscribe to 760,112 shares of the
increase in the authorized capital stock of the
Bank; and
(B) contribute $82,304,000 to the Fund for
Special Operations.
(b) Limitation on Authorization of Appropriations.--To pay
for the subscription and contribution authorized under
subsection (a), there are authorized to be appropriated,
without fiscal year limitation, for payment by the Secretary of
the Treasury--
(1) $9,169,559,712, for the United States
subscription to the capital stock of the Bank; and
(2) $82,304,000, for the United States contribution
to the Fund for Special Operations.\45\
---------------------------------------------------------------------------
\45\ Appropriations for U.S. payments authorized in sec. 33 have
been provided in the following amounts and Public Laws: fiscal year
1991--Bank capital stock, $2,292.5 million ($57.31 million paid-in
capital; $2,235 million callable capital); Fund for Special Operations,
$20.6 million (Public Law 101-513); fiscal year 1992--Bank capital
stock, $2,258.7 million ($56.47 million paid-in capital; $2,202 million
callable capital); Fund for Special Operations, $20.27 million (Public
Law 102-145, as amended by Public Law 102-266); fiscal year 1993--Bank
capital stock, $2,258.7 million ($56.47 million paid-in capital; $2,202
million callable capital); Fund for Special Operations, $20.27 million
(Public Law 102-391); fiscal year 1994--Bank capital stock, $2,246.45
million ($56.17 million paid-in capital; $2,190.28 million callable
capital); Fund for Special Operations, $20.16 million (Public Law 103-
87); fiscal year 1995--$113.7 million ($2.8 million paid-in capital;
$110.9 million callable capital) (Public Law 103-306).
---------------------------------------------------------------------------
(c) Organizational Changes Required To Be Made Before Payment
for Subscription to Capital Stock and Contribution to the Fund
for Special Operations.--The Secretary of the Treasury may not
make any payment for the subscription and contribution
authorized under subsection (a) unless the Bank--
(1) has established an environmental unit with
responsibility for the development, evaluation, and
integration of Bank policies, projects, and programs
designed to promote environmentally sustainable
development in borrower countries;
(2) has increased the number of the staff of the Bank
with environmentally oriented responsibilities and
training;
(3) provides for an increase in the number of
environmentally beneficial projects and programs
financed by the Bank; and
(4) has designed a process for ensuring the access of
indigenous non-governmental organizations to the
process for designing projects and programs.
(d) Certification of Access to Bank Records Required Before
Payment for Subscription to Capital Stock and Contribution to
Fund for Special Operations.--The Secretary of the Treasury
shall not make any payment for the subscription and
contribution authorized under subsection (a) until the
Secretary, after consultation with the United States Executive
Director of the Bank, certifies to the Congress that--
(1) the Bank has given the Comptroller General of the
United States access to the audit memorandum issued by
the Auditor General of the Bank with respect to the
November 1987 disbursement of funds to the Government
of Nicaragua;
(2) the Bank has implemented and is continuing to
implement revised procedures issued in 1988 for
collecting loan services payments in arrears;
(3) the revised procedures referred to in paragraph
(2) satisfy the recommendations of the Auditor General
of the Bank; and
(4) the Comptroller General of the United States has
access to all documents of the Bank on the same terms
and under the same conditions as such documents are
made available to the United States Executive Director
of the Bank.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--Section 526(c) of the Foreign Operations, Export Financing, and Related Programs ``(c) The Secretary of the Treasury may, to fulfill commitments of the United States, (1) subscribe
to and make payments for shares of the Inter-American Development Bank, make contributions to the Fund
for Special Operations of that Bank, and vote for resolutions (including amendments to that Bank's
constitutive agreement), all in connection with the eighth general increase in resources of that Bank;
and * * * The amount authorized to be appropriated for payment for paid-in shares of the Inter-
American Development Bank is limited to $76,832,001, the amount authorized to be appropriated for
payment for callable shares of the Inter-American Development Bank is limited to $4,511,156,729, * * *
The amount to be paid in respect of each such contribution or subscription is authorized to be
appropriated without fiscal year limitation. Each such subscription or contribution shall be effective
only to such extent or in such amounts as are provided in advance in appropriations Acts.''.
Appropriations for U.S. payments for the eighth general increase have been provided in the following
amounts and Public Laws: fiscal year 1995--$1,622.7 million ($28.1 million paid-in capital; $1,523.8
million callable capital); Fund for Special Operations, $21.34 million (Public Law 103-306); fiscal
year 1996--$1,540.7 million ($26.0 million paid-in capital; $1,523.8 million callable capital), Fund
for Special Operations, $10 million (Public Law 104-107); fiscal year 1997--$1,529.3 million ($25.6
million paid-in capital, $1,503.7 million callable capital), Fund for Special Operations, $10 million
(Public Law 104-208).
Sec. 560(a) of Public Law 105-118 (111 Stat. 2425) provided authorization for continued participation
in the eighth general increase. The amount authorized to be appropriated for payment was $76,832,001
paid-in capital, and $4,511,156,729 callable capital.
Appropriations for U.S. payments have been provided in the following amounts and Public Laws: fiscal
year 1998--$1,529.3 million ($25.6 million paid-in capital, $1,503.7 million callable capital), Fund
for Special Operations, $20.8 million (Public Law 105-118); fiscal year 1999--$1,529.3 million ($25.6
million paid-in capital, $1,503.7 million callable capital), Fund for Special Operations, $21.2
million (Public Law 105-277); fiscal year 2000--$1,529.3 million ($25.6 million paid-in capital,
$1,503.7 million callable capital), Fund for Special Operations, $0 (Public Law 106-113).--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC 34.\46\ INVESTMENT IN HUMAN CAPITAL.
(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director of the Inter-
American Development Bank to propose and use the voice and vote
of such director, during the 4-year period beginning on January
1, 1990, to vigorously promote an increase in the proportion of
Bank lending in support of projects and programs which support
investments in human capital and to seek the rapid
implementation by the Bank of systematic mechanisms of
consultation with locally affected populations in borrower
countries either directly or through appropriate representative
non-governmental organizations.
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\46\ 22 U.S.C. 283a-6. Sec. 202(a) of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2498) added sec.
34.
Sec. 202(b) of that Act (22 U.S.C. 283z-6 note) provided the
following:
``(b) Report to the Congress.--The Chairman of the National
Advisory Council on International Monetary and Financial Policies shall
include in the report required by section 1701 of the International
Financial Institutions Act for fiscal year 1991 a report on the efforts
undertaken by the United States Executive Director of the Inter-
American Development Bank, and the progress to date, in achieving the
objectives of section 34 of the Inter-American Development Bank Act.''.
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(b) Investments in Human Capital Defined.--As used in
subsection (a), the term `investments in human capital' means
investments in projects, policies, and programs designed to
improve urban and rural health care and sanitation, basic
nutrition, education, the small-producer private sector, the
economic activities of women, and the development of indigenous
non-governmental organizations.
SEC. 35.\47\ LIMITATIONS ON POLICY BASED LENDING.
The Secretary of the Treasury shall--
---------------------------------------------------------------------------
\47\ 22 U.S.C. 283z-7. Sec. 203 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2498) added sec.
35.
---------------------------------------------------------------------------
(1) take all necessary steps to encourage the Bank to
limit the aggregate value of the policy based loans
made by the Bank (other than policy based loans made to
any country which the Bank has determined is
economically less developed or has a limited market
economy, which are used to purchase sovereign debt of
such country or to reduce the debt or debt service
burden of such country) during the 4-year period
beginning on January 1, 1990, to 25 percent of the
aggregate value of all loans made by the Bank during
such 4-year period;
(2) take all necessary steps to encourage the Bank to
limit the aggregate value of the policy based loans
made by the Bank to the government of a particular
country during such 4-year period, to 50 percent of the
aggregate value of all loans made by the Bank to such
government during such 4-year period;
(3) instruct the United States Executive Director of
the Bank to explore with the other Executive Directors
of the Bank ways to use a portion of the resources made
available to the Bank by reason of the subscription and
contribution described in section 33(a)(2) for debt
reduction and debt service reduction for countries
described in paragraph (1); and
(4) before the end of the 12-month period beginning
on the date of the enactment of this section, report to
the Congress on the matters described in paragraph (3).
SEC. 36.\48\ INCREASE IN LENDING TO THE CARIBBEAN.
The Secretary of the Treasury shall instruct the United
States Executive Director of the Bank to enter into discussions
with the management of the Bank and with other member country
governments to seek to increase Bank lending to the Caribbean
region, directly or through appropriate financial
intermediaries, for viable projects which will--
---------------------------------------------------------------------------
\48\ 22 U.S.C. 283z-8. Sec. 204 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2499) added sec.
36.
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(1) result in expanded regional economic integration,
diversification, and industrial and agricultural
production, and improved infrastructure; and
(2) seek to ensure equitable and environmentally
sustainable economic growth.
Sec. 37.\49\ (a) The Secretary of the Treasury is
authorized to contribute, and to make payment of, $500,000,000
to the Multilateral Investment Fund established pursuant to the
agreements of February 11, 1992: Provided, That such funds
shall only be disbursed from the Fund to countries that have
governments that are democratically elected, that do not harbor
or sponsor international terrorists; that do not fail to
cooperate in narcotics matters; and that do not engage in a
consistent pattern of gross violations of internationally
recognized human rights.
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\49\ 22 U.S.C. 283z-9. Sec. 594(b) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1993 (Public
Law 102-391; 106 Stat. 1693), added sec. 37.
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(b) There is hereby authorized to be appropriated without
fiscal year limitation $500,000,000 for the contribution
authorized in subsection (a).\50\
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\50\ Appropriations for U.S. contributions authorized in sec. 36(b)
have been provided in the following amounts and Public Laws: fiscal
year 1993--$90 million (Public Law 102-391); fiscal year 1994--$75
million (Public Law 103-87); fiscal year 1995--$75 million (Public Law
103-306); fiscal year 1996--$53.8 million (Public Law 104-107); fiscal
year 1997--$27.5 million (Public Law 104-208); fiscal year 1998--$30
million (Public Law 105-118); fiscal year 1999--$50 million (Public Law
105-227); fiscal year 2001--$10 million, fiscal year 2000 rescission--
minus $0.022 million (Public Law 106-429); fiscal year 2003--$24.591
million, rescission--minus $0.160 million (Public Law 108-007); fiscal
year 2004--$25 million, rescission--minus $0.148 million (Public Law
108-119); fiscal year 2005--$11 million, rescission--minus $0.090
million (Public Law 108-447).
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(c) If an Enterprise for the Americas Multilateral
Investment Fund is established pursuant to this section, the
Secretary of the Treasury shall instruct the United States
representative to the Fund not to vote in favor of any action
proposed to be taken by the Fund which may have a significant
adverse effect on the environment unless an assessment of the
impact of the action on the environment has been available for
at least 120 days before the vote.
SEC. 38.\51\ FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE
CARIBBEAN.
The Secretary of the Treasury shall direct the United
States Executive Director of the Bank to use the voice and vote
of the United States to support an increased focus on the
poorest countries in Latin America and the Caribbean, and on
poorer areas of better off countries, and to support programs
conducted by the Multilateral Investment Fund, particularly in
targeting low-income countries and populations, working with
nongovernmental organizations and training and assisting former
combatants from civil conflicts in Latin America.
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\51\ 22 U.S.C. 283z-10. Sec. 526(f) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1995 (Public
Law 103-306; 108 Stat. 1634), added sec. 38.
(2) Inter-American Investment Corporation Act
Partial text of Public Law 98-473 [Continuing Appropriations Act, 1985;
H.J. Res. 648], 98 Stat. 1837 at 1885, approved October 12, 1984; as
amended by Public Law 101-240 [International Development and Finance
Act of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989
Note.--Sec. 101 of the Continuing Appropriations Act,
1985 (Public Law 98-473) enacted into law title II of
S. 2416, as introduced in the Senate on March 13, 1984.
The text of title II of S. 2416 is set out below.
TITLE II--INTER-AMERICAN INVESTMENT CORPORATION ACT
Sec. 201. This title may be cited as the ``Inter-American
Investment Corporation Act''.
acceptance of membership
Sec. 202.\1\ The President is hereby authorized to accept
membership for the United States in the Inter-American
Investment Corporation (hereinafter in this title referred to
as the ``Corporation'') provided for by the agreement
establishing the Corporation (hereinafter in this title
referred to as the ``agreement'') deposited in the archives of
the Inter-American Development Bank.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 283aa.
---------------------------------------------------------------------------
governor and alternate governor
Sec. 203.\2\ The Governor and Executive Director of the
Inter-American Development Bank, and the alternate for each of
them, appointed under section 3 of the Inter-American
Development Bank Act, as amended (72 Stat. 299; 22 U.S.C. 283
et seq.), shall serve as Governor, Director, and alternates,
respectively, of the Corporation.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 283bb.
---------------------------------------------------------------------------
applicability of bretton woods agreements act
Sec. 204.\3\ The provisions of section 4 of the Bretton
Woods Agreements Act, as amended (59 Stat. 512, 22 U.S.C.
286b), shall apply with respect to the Corporation to the same
extent as with respect to the International Bank for
Reconstruction and Development and the International Monetary
Fund.\4\
---------------------------------------------------------------------------
\3\ 22 U.S.C. 283cc.
\4\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(e)(3)
struck out the last sentence of this section, which read: ``Reports
with respect to the Corporation under paragraphs (5) and (6) of
subsection (b) of section 4 of that Act shall be included in the first
and subsequent reports made thereunder after the United States accepts
membership in the Corporation.''.
---------------------------------------------------------------------------
restrictions
Sec. 205.\5\ (a) Unless authorized by law, neither the
President nor any person or agency shall, on behalf of the
United States--
---------------------------------------------------------------------------
\5\ 22 U.S.C. 283dd. As enrolled; the section does not include a
subsec. (b).
---------------------------------------------------------------------------
(1) subscribe to additional shares of stock of the
Corporation;
(2) vote for or agree to any amendment of the
agreement which increases the obligations of the United
States, or which changes the purpose or functions of
the Corporation; or
(3) make a loan or provide other financing to the
Corporation.
federal reserve banks as depositories
Sec. 206.\6\ Any Federal Reserve bank which is requested to
do so by the Corporation shall act as its depository or as its
fiscal agent, and the Board of Governors of the Federal Reserve
System shall supervise and direct the carrying out of these
functions by the Federal Reserve banks.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 283ee.
---------------------------------------------------------------------------
subscription of stock
Sec. 207.\7\ (a) The Secretary of the Treasury is
authorized to subscribe on behalf of the United States to five
thousand one hundred shares of the capital stock of the
Corporation: Provided, however, That the subscription shall be
effective only to such extent or in such amounts as are
provided in advance in appropriations Acts.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 283ff. Sec. 594 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113 (113 Stat. 1501A-
122), provided the following:
---------------------------------------------------------------------------
``Authorizations
---------------------------------------------------------------------------
``Sec. 594. The Secretary of The Treasury may, to fulfill
commitments of the United States: (1) effect the United States
participation in * * * the first general capital increase of the Inter-
American Investment Corporation. * * * The following amounts are
authorized to be appropriated without fiscal year limitation for
payment by the Secretary of the Treasury: * * * $125,180,000 for paid-
in capital of the Inter-American Investment Corporation * * *''.
Appropriations for the U.S. contribution have been provided in the
following amounts and Public Laws: fiscal year 2000--$16 million
(Public Law 106-113); fiscal year 2001--$25 million, fiscal year
rescission--minus $0.055 million (Public Law 106-429); fiscal year
2002--$18 million (Public Law 107-155); fiscal year 2003--$18.352
million, rescission--minus $0.119 million (Public Law 108-7).
---------------------------------------------------------------------------
(b) There is authorized to be appropriated, without fiscal
year limitation, for payment by the Secretary of the Treasury
of the subscription of the United States for those shares,
$51,000,000.\8\
---------------------------------------------------------------------------
\8\ Appropriations for U.S. payments authorized in sec. 207 have
been provided in the following amounts and Public Laws: fiscal year
1985--$10 million (Public Law 98-473); fiscal year 1985 supplemental--
$3 million (Public Law 99-88); fiscal year 1986--$11.7 million (Public
Law 99-190), reduced by $0.5 million as a result of sequestration
(Public Law 99-177); fiscal year 1988--$1.3 million (Public Law 100-
202); fiscal year 1991--$13 million (Public Law 101-513); fiscal year
1992--$12.3 million (Public Law 102-145, as amended by Public Law 102-
266), reduced by $4 million as a result of a rescission (Public Law
102-298) (However, only $5,000 in undisbursed funds were available to
comply with the rescission at the time of enactment of Public Law 102-
298).
---------------------------------------------------------------------------
(c) Any payment of dividends made to the United States by
the corporation shall be deposited into the Treasury as a
miscellaneous receipt.
jurisdiction of united states courts
Sec. 208.\9\ For the purposes of any civil action which may
be brought within the United States, its territories or
possessions, or the Commonwealth of Puerto Rico, by or against
the Corporation in accordance with the agreement, the
Corporation shall be deemed to be an inhabitant of the Federal
judicial district in which its principal office within the
United States or its agent appointed for the purpose of
accepting service or notice of service is located, and any such
action to which the Corporation shall be a party shall be
deemed to arise under the laws of the United States, and the
district courts of the United States, including the courts
enumerated in section 460 of title 28, United States Code,
shall have original jurisdiction of any such action. When the
Corporation is a defendant in any action in a State court, it
may at any time before the trial thereof remove the action into
the appropriate district court of the United States by
following the procedure for removal provided in section 1446 of
title 28, United States Code.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 283gg.
---------------------------------------------------------------------------
effectiveness of agreement
Sec. 209.\10\ Article VI, section 4(c), and article VII,
sections 2 to 9, both inclusive, of the agreement shall have
full force and effect in the United States, its territories and
possessions, and the Commonwealth of Puerto Rico, upon
acceptance of membership by the United States in the
Corporation.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 283hh.
---------------------------------------------------------------------------
securities issued by the corporation
Sec. 210.\11\ (a) Any securities issued by the Corporation
(including any guarantee by the corporation, whether or not
limited in scope) in connection with the raising of funds for
inclusion in the Corporation's resources as defined in article
II, section 2 of the agreement, and any securities guaranteed
by the Corporation as to both principal and interest to which
the commitment in article II, section 2(e) of the agreement is
expressly applicable, shall be deemed to be exempted securities
within the meaning of section 3(a)(2) of the Securities Act of
1933 (15 U.S.C. 77c) and section 3(a)(12) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c). The Corporation shall
file with the Securities and Exchange Commission such annual
and other reports with regard to such securities as the
Commission shall determine to be appropriate in view of the
special character of the corporation and its operations as
necessary in the public interest or for the protection of
investors.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 283ii.
---------------------------------------------------------------------------
(b) The Securities and Exchange Commission, acting in
consultation with such agency or officer as the President \12\
shall designate, is authorized to suspend the provisions of
subsection (a) at any time as to any or all securities issued
or guaranteed by the Corporation during the period of such
suspension. The Commission shall include in its annual reports
to Congress such information as it shall deem advisable with
regard to the operations and effect of this section and in
connection therewith shall include any views submitted for such
purpose by any association of dealers registered with the
Commission.
---------------------------------------------------------------------------
\12\ Sec. 2 of Executive Order 12567 (October 2, 1986; 51 F.R.
35495) delegated the functions vested in the President to the Secretary
of the Treasury.
---------------------------------------------------------------------------
technical amendments
Sec. 211. * * *
c. Asian Development Bank Act, as amended
Public Law 89-369 [H.R. 12563], 80 Stat. 71, approved March 16, 1966;
as amended by Public Law 92-245 [S. 749], 86 Stat. 57, approved March
10, 1972; Public Law 93-189 [S. 1443], 87 Stat. 714 at 732, approved
December 17, 1973; Public Law 93-537 [S. 2193], 88 Stat. 1735, approved
December 22, 1974; Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at
1068, approved October 3, 1977; Public Law 96-259 [S. 662], 94 Stat.
429 at 430, approved June 3, 1980; Public Law 96-465 [Foreign Service
Act of 1980; H.R. 6790], 94 Stat. 2071 at 2160, approved October 17,
1980; Public Law 97-35 [Omnibus Budget Reconciliation Act of 1981; H.R.
3982], 95 Stat. 357 at 744, approved August 13, 1981; Public Law 98-181
[Supplemental Appropriations Act, 1984; [H.R. 3959], 97 Stat. 1153 at
1285, approved November 30, 1983; Public Law 100-202 [Continuing
Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December
22, 1987; Public Law 102-145 [Further Continuing Appropriations, Fiscal
Year 1992; H.J. Res. 360, as amended by Public Law 102-266], 105 Stat.
968 at 106 Stat. 97, approved October 28, 1991; Public Law 108-199
[Division D of the Consolidated Appropriations Act, 2004; H.R. 2673],
118 Stat. 3 at 118 Stat. 204, approved January 23, 2003; and Public Law
109-102 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved November
14, 2005
AN ACT To provide for the participation of the United States in the
Asian Development Bank.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Asian Development Bank Act''.
acceptance of membership
Sec. 2.\1\ The President is hereby authorized to accept
membership for the United States in the Asian Development Bank
(hereinafter referred to as the ``Bank'') provided for by the
agreement establishing the Bank (hereinafter referred to as the
``agreement'') deposited in the archives of the United Nations.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 285.
---------------------------------------------------------------------------
Sec. 3.\2\ (a) The President, by and with the advice and
consent of the Senate, shall appoint a Governor of the Bank, an
alternative for the Governor, and a Director of the Bank.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 285a.
---------------------------------------------------------------------------
(b) No person shall be entitled to receive any salary or
other compensation from the United States for services as a
Governor or Alternate Governor. The Director may, in the
discretion of the President, receive such compensation,
allowances, and other benefits as, together with those received
by him from the Bank, will equal those authorized for a chief
of mission under the Foreign Service Act of 1980.\3\
---------------------------------------------------------------------------
\3\ The references to the chief of mission and to the Foreign
Service Act of 1980 were inserted by sec. 2206(a)(1) of Public Law 96-
465 (94 Stat. 2160). The references formerly pertained to the Chief of
Mission, class 2, and to the Foreign Service Act of 1946, respectively.
---------------------------------------------------------------------------
Sec. 4.\4\, \5\ The policies and operations of
the representatives of the United States on the Bank shall be
coordinated with other United States policies in such manner as
the President shall direct.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 285b.
\5\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(d)(2)
repealed subsec. (b), which required an annual report to be submitted
to the Congress by a designee of the President on U.S. participation in
the Asian Development Bank.
Sec. 541(f)(3) of that Act also struck out subsec. designation
``(a)'' as a technical amendment.
---------------------------------------------------------------------------
(b) \5\ * * *
Sec. 5.\6\ Unless the Congress by law authorizes such
action, neither the President nor any person or agency shall,
on behalf of the United States, (a) subscribe to additional
shares of stock of the Bank; (b) vote for or agree to any
amendment of the agreement which increases the obligations of
the United States, or which would change the purpose of
functions of the Bank; or (c) make a loan or provide other
financing to the Bank, except that funds for technical
assistance not to exceed 1,000,000 in any one year may be
provided to the Bank by a United States agency created pursuant
to an Act of Congress which is authorized by law to provide
funds to international organizations.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 285c. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 22 Stat.
2425), provided the following:
---------------------------------------------------------------------------
``international financial institutions
---------------------------------------------------------------------------
``Sec. 560. (a) Authorizations.--The Secretary of the Treasury may,
to fulfill commitments of the United States: (1) effect the United
States participation in the first general capital increase of the
European Bank for Reconstruction and Development, subscribe to and make
payment for 100,000 additional shares of the capital stock of the Bank
on behalf of the United States; and (2) contribute on behalf of the
United States to the eleventh replenishment of the resources of the
International Development Association, to the sixth replenishment of
the Asian Development Fund, a special fund of the Asian Development
Bank. The following amounts are authorized to be appropriated without
fiscal year limitation for payment by the Secretary of the Treasury:
(1) $285,772,500 for paid-in capital, and 984,327,500 for callable
capital of the European Bank for Reconstruction and Development; (2)
$1,600,000,000 for the International Development Association; (3)
$400,000,000 for the Asian Development Fund; and (4) $76,832,001 for
paid-in capital, and $4,511,156,729 for callable capital of the Inter-
American Development Bank in connection with the eighth general
increase in the resources of that Bank. Each such subscription or
contribution shall be subject to obtaining the necessary
appropriations.''.
Public Law 105-118 authorized appropriations for the Asian
Development Fund in the amount of $400 million which was paid in the
following amounts and Public Laws: fiscal year 1998--$150 million ($50
million for contributions previously due) (Public Law 105-118); fiscal
year 1999--$210 million ($187 million for contributions previously due)
(Public Law 105-277). fiscal year 2000--$77 million (Public Law 106-
113); and fiscal year 2001--$72 million (Public Law 106-429).
---------------------------------------------------------------------------
depositories
Sec. 6.\7\ Any Federal Reserve bank which is requested to
do so by the Bank shall act as its depository or as its fiscal
agent, and the Board of Governors of the Federal Reserve System
shall supervise and direct the carrying out of these functions
by the Federal Reserve banks.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 285d.
---------------------------------------------------------------------------
payment of subscriptions
Sec. 7.\8\ (a) There is hereby authorized to be
appropriated, without fiscal year limitation, for the purchase
of twenty thousand shares of capital stock of the Bank,
$200,000,000.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 285e.
---------------------------------------------------------------------------
(b) Any payment made to the United States by the Bank as a
distribution of net income shall be covered into the Treasury
as a miscellaneous receipt.\9\
---------------------------------------------------------------------------
\9\ Appropriations for U.S. payments authorized in sec. 7 have been
provided in the following amounts and Public Laws: fiscal year 1966--
$140 million ($100 million paid-in capital; $40 million callable
capital) (Public Law 89-426); fiscal year 1969--$20 million callable
capital (Public Law 90-581); fiscal year 1970--$20 million callable
capital (Public Law 91-194); fiscal year 1971--$20 million callable
capital (Public Law 92-18).
---------------------------------------------------------------------------
jurisdiction and venue of actions
Sec. 8.\10\ For purpose of any civil action which may be
brought within the United States, its territories or
possessions, or the Commonwealth of Puerto Rico, by or against
the Bank in accordance with the agreement, the Bank shall be
deemed to be an inhabitant of the Federal judicial district in
which its principal office or agency in the United States is
located, and any such action to which the Bank shall be a party
shall be deemed to arise under the laws of the United States,
and the district courts of the United States, including the
courts enumerated in title 28, section 460, United States Code,
shall have original jurisdiction of any such action. When the
Bank is defendant in any action in a State court, it may, at
any time before the trial thereof, remove such action into the
direct court of the United States for the proper district by
following the procedure for removal of causes otherwise
provided by law.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 285f.
---------------------------------------------------------------------------
status, immunities, and privileges
Sec. 9.\11\ The agreement, and particularly articles 49
through 56, shall have full force and effect in the United
States, its territories and possessions, and the Commonwealth
of Puerto Rico, upon acceptance of membership by the United
States in, and the establishment of, the Bank. The President,
at the time of deposit of the instrument of acceptance of
membership by the United States in the Bank, shall also deposit
a declaration that the United States retains for itself and its
political subdivisions the right to tax salaries and emoluments
paid by the Bank to its citizens or nationals.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 285g.
---------------------------------------------------------------------------
securities issued by bank as investment securities for national banks
Sec. 10. The last sentence of paragraph 7 of section 5136
of the Revised Statutes, as amended (12 U.S.C. 24), is amended
by striking the word ``or'' after the words ``International
Bank for Reconstruction and Development'' and inserting a comma
in lieu thereof, and by inserting after the words ``the Inter-
American Development Bank'' the words ``or the Asian
Development Bank''.
securities issued by bank as exempt securities; report filed with
securities and exchange commission
Sec. 11.\12\ (a) Any securities issued by the Bank
(including any guarantee by the Bank, whether or not limited in
scope) in connection with raising of funds for inclusion in the
Bank's ordinary capital resources as defined in article 7 of
the agreement and any securities guaranteed by the Bank as to
both principal and interest to which the commitment in article
6, section 5, of the agreement is expressly applicable, shall
be deemed to be exempted securities within the meaning of
paragraph (a)(2) of section 3 of the Act of May 27, 1933, as
amended (15 U.S.C. 77c), and paragraph (a)(12) of section 3 of
the Act of June 6, 1934, as amended (15 U.S.C. 78c). The Bank
shall file with the Securities and Exchange Commission such
annual and other reports with regard to such securities as the
Commission shall determine to be appropriate in view of the
special character of the Bank and its operations and necessary
in the public interest or for the protection of investors.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 285h.
---------------------------------------------------------------------------
(b) The Securities and Exchange Commission, acting in
consultation with such agency or officer as the President shall
designate, is authorized to suspend the provisions of
subsection (a) at any time as to any or all securities issued
or guaranteed by the Bank during the period of such suspension.
The Commission shall include in its annual reports to Congress
such information as it shall deem advisable with regard to the
operations and effect of this section and in connection
therewith shall include any views submitted for such purpose by
any association of dealers registered with the Commission.
Sec. 12.\13\ (a) Subject to the provisions of this Act, the
United States Governor of the Bank is authorized to enter into
an agreement with the Bank providing for a United States
contribution of $100,000,000 to the Bank in two annual
installments of $60,000,000 and $40,000,000, beginning in
fiscal year 1972. This contribution is referred to hereinafter
in this Act as the ``United States Special Resources''.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 285i. Public Law 92-245 (86 Stat. 59) added sec. 12.
---------------------------------------------------------------------------
(b) The United States Special Resources shall be made
available to the Bank pursuant to the provisions of this Act
and article 19 of the Articles of Agreement of the Bank, and in
a manner consistent with the Bank's Special Funds Rules and
Regulations.
Sec. 13.\14\ (a) The United States Special Resources shall
be used to finance specific high priority development projects
and programs in developing member countries of the Bank with
emphasis on such projects and programs in the Southeast Asia
region.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 285j. Public Law 92-245 (86 Stat. 59) added sec. 13.
---------------------------------------------------------------------------
(b) The United States Special Resources shall be used by
the Bank only for--
(1) making development loans on terms which may be
more flexible and bear less heavily on the balance of
payments than those established by the Bank for its
ordinary operations; and
(2) providing technical assistance credits on a
reimbursable basis.
(c)(1) The United States Special Resources may be expended
by the Bank only for procurement in the United States of goods
produced in, or services supplied from, the United States,
except that the United States Governor, in consultation with
the National Advisory Council on International Monetary and
Financial Policies, may allow eligibility for procurement in
other member countries from the United States Special Resources
if he determines that such procurement eligibility would
materially improve the ability of the Bank to carry out the
objectives of its special funds resources and would be
compatible with the international financial position of the
United States.
(2) The United States Special Resources may be used to pay
for administrative expenses arising from the use of the United
States Special Resources, but only to the extent such expenses
are not covered from the Bank's service fee or income from use
of United States Special Resources.
(d) All financing of programs and projects by the Bank from
the United States Special Resources shall be repayable to the
Bank by the borrowers in United States dollars.
Sec. 14.\15\ (a) The letters of credit provided for in
section 15 shall be issued to the Bank only to the extent that
at the time of issuance the cumulative amount of the United
States Special Resources provided to the Bank (A) constitute a
minority of all special funds contributions to the Bank, and
(B) are no greater than the largest cumulative contribution of
any other single country contributing to the special funds of
the Bank.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 285k. Public Law 92-245 (86 Stat. 59) added sec. 14.
---------------------------------------------------------------------------
(b) The United States Governor of the Bank shall give due
regard to the principles of (A) utilizing all special funds
resources on an equitable basis, and (B) significantly shared
participation by other contributors in each special fund to
which United States Special Resources are provided.
Sec. 15.\16\ The United States Special Resources will be
provided to the Bank in the form of a nonnegotiable,
noninterest-bearing, letter of credit which shall be payable to
the Bank at par value on demand to meet the cost of eligible
goods and services, and administrative costs authorized
pursuant to section 13(c) of this Act.
---------------------------------------------------------------------------
\16\ 22 U.S.C. 285l. Public Law 92-245 (86 Stat. 59) added sec. 15.
---------------------------------------------------------------------------
Sec. 16.\17\ The United States shall have the right to
withdraw all or part of the United States Special Resources and
any accrued resources derived therefrom under the procedures
provided for in section 8.03 of the Special Funds Rules and
Regulations of the Bank.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 285m. Public Law 92-245 (86 Stat. 59) added sec. 16.
---------------------------------------------------------------------------
Sec. 17.\18\ For the purpose of providing United States
Special Resources to the Bank there is hereby authorized to be
appropriated $100,000,000 \19\ all of which shall remain
available until expended.
---------------------------------------------------------------------------
\18\ 22 U.S.C. 285n. Public Law 92-245 (86 Stat. 59) added sec. 17.
\19\ Sec. 28 of Public Law 93-189 (87 Stat. 732) struck out
``$60,000,000 for fiscal year 1972 and $40,000,000 for fiscal year
1973'' and inserted in lieu thereof ``$100,000,000''.
---------------------------------------------------------------------------
Sec. 18.\20\ The President shall instruct the United States
Executive Director of the Asian Development Bank to vote
against any loan or other utilization of the funds of the Bank
for the benefit of any country which has--
---------------------------------------------------------------------------
\20\ 22 U.S.C. 285o. Public Law 92-245 (86 Stat. 59) added sec. 18,
popularly referred to as the Gonzalez amendment.
---------------------------------------------------------------------------
(1) nationalized or expropriated or seized ownership
or control of property owned by any United States
citizen or by any corporation, partnership, or
association not less than 50 per centum of which is
beneficially owned by United States citizens;
(2) taken steps to repudiate or nullify existing
contracts or agreements with any United States citizen
or any corporation, partnership, or association not
less than 50 per centum of which is beneficially owned
by United States citizens; or
(3) imposed or enforced discriminatory taxes or other
exactions, or restrictive maintenance or operational
conditions, or has taken other actions, which have the
effect of nationalizing expropriating, or otherwise
seizing ownership or control of property so owned;
unless the President determines that (A) an arrangement for
prompt, adequate, and effective compensation has been made, (B)
the parties have submitted the dispute to arbitration under the
rules of the Convention for the Settlement of Investment
Disputes, or (C) good faith negotiations are in progress aimed
at providing prompt, adequate, and effective compensation under
the applicable principles of international law.
Sec. 19.\21\ The Secretary of the Treasury shall instruct
the United States Executive Director of the Asian Development
Bank to vote against any loan or other utilization of the funds
of the Bank for the benefit of any country with respect to
which the President has made a determination, and so notified
the Secretary of the Treasury, that the government of such
country has failed to take adequate steps to prevent narcotic
drugs and other controlled substances (as defined by the
Comprehensive Drug Abuse Prevention and Control Act of 1970)
produced or processed, in whole or in part in such country, or
transported through such country, from being sold illegally
within the jurisdiction of such country to United States
Government personnel or their dependents, or from entering the
United States unlawfully. Such instruction shall continue in
effect until the President determines, and so notified the
Secretary of the Treasury, that the government of such country
has taken adequate steps to prevent such sale or entry of
narcotic drugs and other controlled substances.
---------------------------------------------------------------------------
\21\ 22 U.S.C. 285p. Public Law 92-245 (86 Stat. 59) added sec. 19.
---------------------------------------------------------------------------
Sec. 20.\22\ (a) The United States Governor of the Bank is
authorized to subscribe on behalf of the United States to
thirty thousand additional shares of the capital stock of the
Bank in accordance with and subject to the terms and conditions
of Resolution Numbered 46 adopted by the Bank's Board of
Governors on November 30, 1971.
---------------------------------------------------------------------------
\22\ 22 U.S.C. 285q. Public Law 93-537 (88 Stat. 1735) added sec.
20.
---------------------------------------------------------------------------
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there is
hereby authorized to be appropriated without fiscal year
limitation $361,904,726 for payment by the Secretary of the
Treasury.\23\
---------------------------------------------------------------------------
\23\ Appropriations for U.S. payments authorized in sec. 20 have
been provided in the following amounts and Public Laws: fiscal year
1975--$130.64 million ($24.13 paid in capital) (Public Law 94-11),
$96.51 non-appropriated callable capital; fiscal year 1976--$120.64
million ($24.13 paid-in capital; $96.51 callable capital) (Public Law
94-330); fiscal year 1977--$120.64 million ($24.13 million paid in
capital; $66.35 callable capital) (Public Law 94-441), $30.16 non-
appropriated callable capital.
---------------------------------------------------------------------------
Sec. 21.\24\ (a) The United States Governor of the Bank is
hereby authorized to agree to contribute on behalf of the
United States $50,000,000 to the special funds of the Bank.
This contribution shall be made available to the Bank pursuant
to the provisions of article 19 of the articles of agreement of
the Bank.
---------------------------------------------------------------------------
\24\ 22 U.S.C. 285r. Public Law 93-537 (88 Stat. 1735) added sec.
21.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution to
the special funds, there is hereby authorized to be
appropriated without fiscal year limitation $50,000,000 for
payment by the Secretary of the Treasury.
Sec. 22.\25\ (a) The United States Governor of the Bank is
authorized to subscribe on behalf of the United States to
sixty-seven thousand and five hundred additional shares of the
capital stock of the Bank: Provided, however, That any
subscription to additional shares shall be effective only to
such extent or in such amounts as are provided in advance in
appropriations Acts.\26\
---------------------------------------------------------------------------
\25\ 22 U.S.C. 285s. Sec. 501 of Public Law 95-118 (91 Stat. 1068)
added sec. 22.
\26\ sec. 1353 of Public Law 97-35 (95 Stat. 745) amended and
restated the proviso clause. It previously read as follows: `'That any
subscription to additional shares shall be made only after the amount
required for such subscription has been appropriated.''.
---------------------------------------------------------------------------
(b) In order to pay for the increase in the United States
subscription to the Bank provided in this section, there are
hereby authorized to be appropriated without fiscal year
limitation $814,286,250 for payment by the Secretary of the
Treasury.\27\
---------------------------------------------------------------------------
\27\ Appropriations for U.S. payments authorized in sec. 22 have
been provided in the following amounts and Public Laws: fiscal year
1978--$168 million ($16.8 million paid-in capital; $151.2 million
callable capital) (Public Law 95-481); fiscal year 1979--$194.5 million
($19.5 million paid-in capital; $175 million callable capital) (Public
Law 95-481); fiscal year 1980--$153.7 million ($15.4 million paid-in
capital; $138.3 million callable capital) (Public Law 96-123); fiscal
year 1981--$248.4 million ($24.8 million paid-in capital; $223.4
million callable capital) (Public Law 96-536); fiscal year 1982--$47.3
million ($4.7 million paid-in capital; $42.6 million callable capital)
(Public Law 97-121); fiscal year 1983--$2.4 million ($0.2 million paid-
in capital; $2.2 million callable capital) (Public Law 97-377).
---------------------------------------------------------------------------
Sec. 23.\28\ (a) The United States Governor of the Bank is
hereby authorized to contribute on behalf of the United States
$180,000,000 to the Asian Development Fund, a special fund of
the Bank: Provided, however, That any commitment to make such
contribution shall be made subject to obtaining the necessary
appropriations.
---------------------------------------------------------------------------
\28\ 22 U.S.C. 285t. Sec. 501 of Public Law 95-118 (91 Stat. 1068)
added sec. 23.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution to
the Asian Development Fund provided for in this section, there
are hereby authorized to be appropriated without fiscal year
limitation
$180,000,000 for payment by the Secretary of the Treasury:
Provided, however, That not more than $14,116,177 may be made
available for such contribution for the fiscal year 1982.\29\
---------------------------------------------------------------------------
\29\ Sec. 1352(c) of Public Law 97-35 (95 Stat. 745) added the
proviso clause.
Appropriations for U.S. payments authorized in sec. 23 have been
provided in the following amounts and Public Laws: fiscal year 1978--
$49.5 million (Public Law 95-148); fiscal year 1979--$70.5 million
(Public Law 95-481); fiscal year 1980--$0; fiscal year 1981--$3.5
million (Public Law 96-536); fiscal year 1982--$7.8 million (Public Law
97-121); fiscal year 1983--$20.4 million (Public Law 97-377); fiscal
year 1984--$0; fiscal year 1985--$28.2 million (Public Law 98-473).
---------------------------------------------------------------------------
Sec. 24.\30\ (a) The United States Governor of the Bank is
authorized to contribute on behalf of the United States
$378,250,000 to the Asian Development Fund, a special fund of
the Bank, except that any commitment to make such contribution
shall be made subject to obtaining the necessary
appropriations.
---------------------------------------------------------------------------
\30\ 22 U.S.C. 285u. Sec. 201 of Public Law 96-259 (94 Stat. 430)
added sec. 24.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution to
the Asian Development Fund provided for in this section, there
are authorized to be appropriated, without fiscal year
limitation, $378,250,000 for payment by the Secretary of the
Treasury: Provided, however, That not more than $111,250,000 of
such sum may be made available for the fiscal year 1982, and
not more than $44,500,000 of such sum may be made available for
the fiscal year 1983.\31\
---------------------------------------------------------------------------
\31\ Sec. 1352(b) of Public Law 97-35 (95 Stat. 744) added the
proviso clause.
Appropriations for U.S. payments authorized in sec. 24 have been
provided in the following amounts and Public Laws: fiscal year 1980--
$111.3 million (Public Law 96-123); fiscal year 1981--$111.3 million
(Public Law 96-536); fiscal year 1982--$108.3 million (Public Law 97-
121); fiscal year 1983--$44.5 million (Public Law 97-377); fiscal year
1984--$3 million (Public Law 98-151).
---------------------------------------------------------------------------
(c) For the purpose of keeping to a minimum the cost to the
United States, the Secretary of the Treasury--
(1) shall pay the United States contribution to the
Asian Development Fund authorized by this section by
letter of credit in four annual installments; and
(2) shall take the steps necessary to obtain a
certification from the Bank that any undisbursed
balances resulting from draw-downs on such letter of
credit will not exceed at any time the United States
share of expected disbursement requirements for the
following three-month period.
Sec. 25.\32\ It is the sense of the Congress that it is the
policy of the United States that Taiwan (before January 1,
1979, known as the Republic of China) \33\ shall be permitted
to retain membership in the Asian Development Bank and that the
United States Executive Director of the Bank shall notify the
Bank that a serious review of future United States
participation, including any future payments to the Asian
Development Fund, would ensure if Taiwan were expelled from the
Bank.
---------------------------------------------------------------------------
\32\ 22 U.S.C. 285v. Sec. 501 of Public Law 95-118 (91 Stat. 1068)
added sec. 25.
\33\ Sec. 550 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1673), provided the following regarding Taiwan's designation:
---------------------------------------------------------------------------
``membership designation in asian development bank
---------------------------------------------------------------------------
``Sec. 550. It is the sense of the Congress that the United States
Government should use its influence in the Asian Development Bank to
secure reconsideration of that institution's decision to designate
Taiwan (the Republic of China) as `Taipei, China'. It is further the
sense of the Congress that the Asian Development Bank should resolve
this dispute in a fashion that is acceptable to Taiwan (the Republic of
China).''.
This language was first enacted as sec. 566 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1988.
---------------------------------------------------------------------------
Sec. 26.\34\ (a) The United States Governor of the Bank is
authorized to contribute on behalf of the United States
$66,750,000 to the Asian Development Fund, a special fund of
the Bank: Provided, however, That any commitment to make such
contribution shall be made subject to obtaining the necessary
appropriations.
---------------------------------------------------------------------------
\34\ 22 U.S.C. 285w. Sec. 1352(a) of Public Law 97-35 (95 Stat.
744) added sec. 26.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution to
the Asian Development Fund provided for in this section, there
is authorized to be appropriated, without fiscal year
limitation, $66,750,000 for payment by the Secretary of the
Treasury: Provided, however, That no funds may be made
available for such contribution for the fiscal year 1982.\35\
---------------------------------------------------------------------------
\35\ Sec. 101(b)(1) of the Further Continuing Appropriations Act,
1983 (Public Law 97-377), provided $66.75 million during fiscal year
1983 for this authorization.
---------------------------------------------------------------------------
Sec. 27.\36\ (a)(1) The United States Governor of the Bank
is authorized to subscribe on behalf of the United States to
one hundred twenty-three thousand three hundred and seventy-
five additional shares of the capital stock of the Bank.
---------------------------------------------------------------------------
\36\ 22 U.S.C. 285x. Sec. 1002 of Public Law 98-181 (97 Stat. 1285)
added sec. 27.
---------------------------------------------------------------------------
(2) Any subscription to the capital stock of the Bank shall
be effective only to such extent or in such amounts as are
provided in advance in appropriation Acts.\37\
---------------------------------------------------------------------------
\37\ Appropriations for U.S. payments authorized in sec. 27 have
been provided in the following amounts and Public Laws: fiscal year
1984--$264.6 million ($13.2 million paid-in capital; $251.4 million
callable capital) (Public Law 98-151); fiscal year 1985--$264.6 million
($13.2 million paid-in capital; $251.4 million callable capital)
(Public Law 98-473); fiscal year 1986--$238.1 million ($11.9 million
paid-in capital; $226.2 million callable capital) (Public Law 99-190),
reduced by $0.5 million as a result of sequestration (Public Law 99-
177); fiscal year 1987--$264.6 million ($13.2 million paid-in capital;
$251.4 million callable capital) (Public Law 99-591); fiscal year
1988--$291.6 million ($15.1 million paid-in capital; $276.5 million
callable capital) (Public Law 100-202).
---------------------------------------------------------------------------
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in subsection (a), there
are authorized to be appropriated, without fiscal year
limitation, $1,322,999,476 for payment by the Secretary of the
Treasury.
(c)(1) The Congress hereby finds that--
(A) the Republic of China (Taiwan) is a charter
member in good standing of the Asian Development Bank;
(B) the Republic of China has grown from a borrower
to a lender in the Asian Development Bank; and
(C) the Republic of China provides, through its
economic success, a model for other nations in Asia.
(2) It is the sense of the Congress that--
(A) Taiwan, Republic of China, should remain a full
member of the Asian Development Bank, and that its
status within that body should remain unaltered no
matter how the issue of the People's Republic of
China's application for membership is disposed of;
(B) the President and the Secretary of State should
express support of Taiwan, Republic of China, making it
clear that the United States will not countenance
attempts to expel Taiwan, Republic of China, from the
Asian Development Bank; and
(C) the Secretary of the Senate and Clerk of the
House shall transmit a copy of this resolution to the
President with the request that he transmit such copy
to the Board of Governors of the Asian Development
Bank.
Sec. 28.\38\ (a)(1) The United States Governor of the Bank
is authorized to contribute on behalf of the United States
$520,000,000 to the Asian Development Fund, a special fund of
the Bank.
---------------------------------------------------------------------------
\38\ 22 U.S.C. 285y. Sec. 1002 of Public Law 98-181 (97 Stat. 1286)
added sec. 28.
---------------------------------------------------------------------------
(2) Any commitment to make the contribution authorized in
paragraph (1) shall be made subject to obtaining the necessary
appropriations.
(b) In order to pay for the United States contribution to
the Asian Development Fund provided for in this section, there
are authorized to be appropriated, without fiscal year
limitation, $520,000,000 for payment by the Secretary of the
Treasury.\39\
---------------------------------------------------------------------------
\39\ Appropriations for U.S. payments authorized in sec. 28 for the
Third Replenishment (ADF IV), have been provided in the following
amounts and Public Laws: fiscal year 1984--$97 million (Public Law 98-
151); fiscal year 1985--$100.0 million (Public Law 98-473); fiscal year
1985 supplemental--$63 million (Public Law 99-88); fiscal year 1986--
$100 million (Public Law 99-190), reduced by $4.3 million in
sequestration (Public Law 99-177) ; fiscal year 1987--$91.4 million
(Public Law 99-591); fiscal year 1988--$28 million (Public Law 100-
202); fiscal year 1989--$44.8 million (Public Law 100-461).
---------------------------------------------------------------------------
Sec. 29.\40\ (a) The United States Governor of the Bank is
authorized to contribute on behalf of the United States
$584,280,000 to the Asian Development Fund, a special fund of
the Bank, except that any commitment to make such contributions
shall be made subject to obtaining the necessary
appropriations.
---------------------------------------------------------------------------
\40\ 22 U.S.C. 285z. Sec. 29, authorizing a Fourth ADF
Replenishment (ADF V), was added by sec. 201 of H.R. 3750, as reported
by the House Committee on Banking, Finance and Urban Affairs, on
December 11, 1987, and enacted into law by reference in Title I of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations,
1988, Public Law 100-202; 101 Stat. 1329 at 1329-134).
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $584,280,000 for
payment by the Secretary of the Treasury.\41\
---------------------------------------------------------------------------
\41\ Appropriations for U.S. payments authorized in sec. 29 have
been provided in the following amounts and Public Laws: fiscal year
1989--$107.5 million (Public Law 100-461); fiscal year 1990--$177.2
million (Public Law 101-167), reduced by $2.2 million in sequestration
(Public Law 101-239); fiscal year 1991--$126.9 million (Public Law 101-
513), reduced by $2.4 million in sequestration (Public Law 101-508),
$2.4 million restored (Public Law 102-27); fiscal year 1992--$124.9
million (Public Law 102-145, as amended by Public Law 102-266); fiscal
year 1993--$49.98 million (Public Law 102-391).
The fiscal year 1993 appropriations further required: ``That prior
to obligating any of the funds appropriated under this heading for the
Asian Development Fund, the Secretary of the Treasury shall submit a
certification to the Committee on Appropriations that none of such
funds will be made available for China.''.
---------------------------------------------------------------------------
SEC. 30.\42\ CAPITAL INCREASE.
(a) Subscription Authorized.--(1) The United States
Governor of the Bank may subscribe on behalf of the United
States to 35,230 additional shares of the capital stock of the
Bank. (2) Any subscription by the United States to the capital
stock of the Bank shall be effective only to such extent or in
such amounts as are provided in advance in appropriations Acts.
---------------------------------------------------------------------------
\42\ 22 U.S.C. 285aa. Sec. 30 was added by sec. 125(b) of the
Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-
145, as amended by Public Law 102-266; 106 Stat. 97).
---------------------------------------------------------------------------
(b) Limitations on Authorization of Appropriations.--In
order to pay for the increase in the United States subscription
to the Bank provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$213,000,000 for payment by the Secretary of the Treasury.\43\
---------------------------------------------------------------------------
\43\ Appropriations for U.S. payments authorized in sec. 30 have
been provided in the following amounts and Public Laws: fiscal year
1992--$0; fiscal year 1993--$316.53 million ($38.01 million paid-in
capital; 278.52 million callable capital) (Public Law 102-391); fiscal
year 1994--$108.46 million ($13.03 million paid-in capital; $95.44
callable capital) (Public Law 103-87).
---------------------------------------------------------------------------
SEC. 31.\44\ ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.
(a) Contribution Authority.--
(1) In general.--The United States Governor of the
Bank may contribute on behalf of the United States an
amount equal to the amount appropriated under
subsection (b), pursuant to the resolution of the Bank
entitled ``Seventh Replenishment of the Asian
Development Fund.
---------------------------------------------------------------------------
\44\ 22 U.S.C. 285bb. Sec. 582 of the Foreign Operations, Export
Financing, and Related Programs Appropriations, Fiscal Year 2004
(division D of Public Law 108-199; 118 Stat. 204), added sec. 31.
---------------------------------------------------------------------------
(2) Subject to appropriations.--Any commitment to
make the contribution authorized by paragraph (1) shall
be effective only to such extent or in such amounts as
are provided in advance in appropriations Acts.
(b) Limitations on Authorization of Appropriations.--For
the contribution authorized by subsection (a), there are
authorized to be appropriated such sums as may be necessary for
payment by the Secretary of the Treasury, without fiscal year
limitation.\45\
---------------------------------------------------------------------------
\45\ Appropriations for U.S. payments authorized in sec. 31 have
been provided in the following amounts and Public Laws: fiscal year
2002--$98 million (Public Law 107-155; fiscal year 2003--$97.886
million, rescission--minus $0.636 million (Public Law 108-007); fiscal
year 2004--$144.421 million, rescission--minus $0.852 million (Public
Law 108-119; fiscal year 2005--$100 million, rescission--minus $0.800
million (Public Law 108-447; fiscal year 2006--$100 million,
rescission--minus $1 million (Public Law 109-102).
---------------------------------------------------------------------------
SEC. 32.\46\ EIGHTH REPLENISHMENT.
(a) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $461,000,000 to the
eighth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
---------------------------------------------------------------------------
\46\ 22 U.S.C. 285cc. Sec. 599C(c) of the Foreign Operations,
Export Financing, and Related Programs Appropriations, Fiscal Year 2006
(Public Law 109-102; 119 Stat. 2243), added sec. 32.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $461,000,000 for
payment by the Secretary of the Treasury.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (H.R.
``authorization requirement ``Sec. 526. Funds appropriated by Title I through V of this Act may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956: Provided, That the Secretary of the Treasury is authorized to agree on behalf
of the United States to participate in the tenth replenishment of the resources of the International
Development Association, the fifth replenishment of the Asian Development Fund, and the replenishment
of the permanent Global Environment Facility, subject to obtaining the necessary appropriations:''.
Appropriations for U.S. payments to participate in the Asian Development Fund sixth replenishment
have been provided in the following amounts and Public Laws: fiscal year 1993--$12.523 million (Public
Law 102-391); fiscal year 1994--$62.5 million (Public Law 103-87); fiscal year 1995--$167.96 million
(Public Law 103-306); fiscal year 1996--$100 million (Public Law 104-107); fiscal year 1997--$100
million (Public Law 104-208); fiscal year 1998--$50 million (Public Law 105-118); fiscal year 1999--
$187 million (Public Law 105-227); fiscal year 2002--$17 million (Public Law 107-115).--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (H.R.
``asian development bank ``Sec. 568. The Secretary of the Treasury may, to fulfill commitments of the United States, subscribe
to and make payments for shares of the Asian Development Bank in connection with the fourth general
capital increase of the Bank. The amount authorized to be appropriated for paid-in shares of the Bank
is limited to $66,614,647; the amount authorized to be appropriated for payment for callable shares of
the Bank is limited to $3,264,178,021. The amount to be paid in respect of each subscription is
authorized to be appropriated without fiscal year limitation. Any subscription by the United States to
the capital stock of the Bank shall be effective only to such extent or in such amounts as are
provided in advance in appropriations Acts.''.
Appropriations for U.S. payments to participate in the fourth general capital increase have been
provided in the following amounts and Public Laws: fiscal year 1996--$661.08 million ($13.22 paid-in
capital; $647.86 callable capital) (Public Law 104-107); fiscal year 1997--$661.08 million ($13.22
paid-in capital; $647.86 callable capital) (Public Law 104-208); fiscal year 1998--$661.08 million
($13.22 million paid-in capital, $647.86 callable capital) (Public Law 105-118); fiscal year 1999--
$661.08 million ($13.22 million paid-in capital, $647.86 callable capital) (Public Law 105-277);
fiscal year 2000--$661.08 million ($13.73 million paid-in capital, $672.75 callable capital) (Public
Law 106-113).--------------------------------------------------------------------------------------------------------------------------------------------------------
d. African Development Bank Act
Partial text of Public Law 97-35 [H.R. 3982], 95 Stat. 357 at 741,
approved August 13, 1981; as amended by Public Law 100-202 [Continuing
Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December
22, 1987; Public Law 101-240 [International Development and Finance Act
of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989; and
Public Law 101-513 [Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved
November 5, 1990
AN ACT To provide for reconciliation pursuant to section 301 of the
first concurrent resolution on the budget for the fiscal year 1982.
* * * * * * *
TITLE XIII--INTERNATIONAL AFFAIRS
* * * * * * *
Subtitle B--International Development Banks
* * * * * * *
PART 3--AFRICAN DEVELOPMENT BANK
short title
Sec. 1331. This part may be cited as the ``African
Development Bank Act''.
acceptance of membership
Sec. 1332.\1\ The President is hereby authorized to accept
membership for the United States in the African Development
Bank (hereinafter in this part referred to as the ``Bank'')
provided for by the agreement establishing the Bank
(hereinafter in this part referred to as the ``agreement'')
deposited in the archives of the United Nations.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 290i.
---------------------------------------------------------------------------
governor and alternate governor
Sec. 1333.\2\ (a) The President, by and with the advice and
consent of the Senate, shall appoint a Governor, an Alternate
Governor, and a Director \3\ of the Bank. The term of office
for the Governor and the Alternate Governor shall be five
years, subject at any time to termination of appointment or to
reappointment. The Governor and Alternate Governor shall remain
in office until a successor has been appointed.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 290i-1.
\3\ Sec. 562(b)(3) of Public Law 101-513 (104 Stat. 2034) struck
out ``Governor and an Alternate Governor'' and inserted in lieu thereof
``Governor, an Alternate Governor, and a Director''.
---------------------------------------------------------------------------
(b) No person shall be entitled to receive any salary or
other compensation from the United States for services as a
Governor or Alternate Governor, except for reasonable expenses
to attend meetings of the Board of Governors.
(c) The Governor, or in the Governor's absence the
Alternate Governor, on the instructions of the President,\4\
shall cast the votes of the United States for the Director to
represent the United States in the Bank.
---------------------------------------------------------------------------
\4\ Sec. 3 of Executive Order 12403 (Feb. 8, 1983; 48 F.R. 6087)
delegated this authority vested in the President to the Secretary of
the Treasury.
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director or alternate director; allowances
Sec. 1334.\5\ The Director or Alternate Director
representing the United States, if citizens of the United
States, may, in the discretion of the President,\4\ receive
such compensation, allowances, and other benefits as, together
with those received from the Bank and from the African
Development fund, may not exceed those authorized for a chief
of mission under the Foreign Service Act of 1980.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 290i-2.
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applicability of bretton woods agreements act
Sec. 1335.\6\ The provisions of section 4 of the Bretton
Woods Agreements Act (22 U.S.C. 286b) shall apply with respect
to the Bank to the same extent as with respect to the
International Bank for Reconstruction and Development and the
International Monetary Fund.\7\
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\6\ 22 U.S.C. 290i-3.
\7\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(e)(7)
struck out the last sentence of this section which read: ``Reports with
respect to the Bank under paragraphs (5) and (6) of section 4 of that
Act shall be included in the first and subsequent reports made
thereunder after the United States accepts membership in the Bank.''.
---------------------------------------------------------------------------
restrictions
Sec. 1336.\8\ (a) Unless authorized by law, neither the
President, nor any person or agency, shall, on behalf of the
United States--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 290i-4. As enrolled; the section does not include a
subsec. (b).
---------------------------------------------------------------------------
(1) subscribe to additional shares of stock of the
Bank;
(2) vote for or agree to any amendment of the
agreement which increases the obligations of the United
States, or which changes the purpose or functions of
the Bank; or
(3) make a loan or provide other financing to the
Bank, except that funds for technical assistance may be
provided to the Bank by a United States agency created
pursuant to an Act of Congress which is authorized by
law to provide funds to international organizations.
federal reserve banks as depositories
Sec. 1337.\9\ Any Federal Reserve bank which is requested
to do so by the Bank shall act as its depository or as its
fiscal agent, and the Board of Governors of the Federal Reserve
System shall supervise and direct the carrying out of these
functions by the Federal Reserve banks.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 290i-5.
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subscription of stock
Sec. 1338.\10\ (a) The President \4\ is authorized to agree
to subscribe on behalf of the United States to twenty-nine
thousand eight hundred and twenty shares of the capital stock
of the Bank: Provided, however, That the subscription shall be
effective only to such extent or in such amounts as are
provided in advance in appropriations Acts.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 290i-6.
---------------------------------------------------------------------------
(b) There is authorized to be appropriated, without fiscal
year limitation, for payment by the Secretary of the Treasury
of the initial United States subscription to twenty-nine
thousand eight hundred and twenty shares of the capital stock
of the Bank, $359,733,570: Provided, however, That not more
than $17,986,679 of such sum may be available for paid in
subscriptions to the Bank for each of the fiscal years 1982,
1983, and 1984.\11\
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\11\ Appropriations for U.S. payments authorized in sec. 1338 have
been provided in the following amounts and Public Laws: fiscal year
1981--$72 million ($18 million paid-in capital; $54 million callable
capital) (Public Law 97-12); fiscal year 1982--$0; fiscal year 1983--
$0; fiscal year 1984--$72 million ($18 million paid-in capital; $54
million callable capital) (Public Law 98-151); fiscal year 1985--$72
million ($18 million paid-in capital; $54 million callable capital)
(Public Law 98-473); fiscal year 1986--$64.8 million ($16.2 million
paid-in capital; $48.6 million callable capital) (Public Law 99-190),
reduced by $0.7 million as a result of sequestration (Public Law 99-
177); fiscal year 1987--$55.9 million ($13.9 million paid-in capital;
$41.9 million callable capital) (Public Law 99-591); fiscal year 1987
supplemental--$23.9 million ($6.5 million paid-in capital; $17.4
million callable capital) (Public Law 100-71).
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(c) Any payment or distributions of moneys from the Bank to
the United States shall be covered into the Treasury as a
miscellaneous receipt.
jurisdiction of united states courts
Sec. 1339.\12\ For the purposes of any civil action which
may be brought within the United States, its territories or
possessions, or the Commonwealth of Puerto Rico, by or against
the Bank in accordance with the agreement, the Bank shall be
deemed to be an inhabitant of the Federal judicial district in
which its principal office within the United States or its
agent appointed for the purpose of accepting service or notice
of service is located, and any such action to which the Bank
shall be a party shall be deemed to arise under the laws of the
United States, and the district courts of the United States,
including the courts enumerated in section 460 of title 28,
United States Code, shall have original jurisdiction of any
such action. When the Bank is defendant in any action in a
State court, it may at any time before the trial thereof remove
the action into the appropriate district court of the United
States by following the procedure for removal provided in
section 1446 of title 28, United States Code.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 290i-7.
---------------------------------------------------------------------------
effectiveness of agreement
Sec. 1340.\13\ Paragraph 5 of article 49, articles 50
through 59, and the other provisions of the agreement shall
have full force and effect in the United States, its
territories and possessions, and the Commonwealth of Puerto
Rico, upon acceptance of membership by the United States in the
Bank. The President, at the time of deposit of the instrument
of acceptance of membership by the United States in the Bank,
shall also deposit a declaration as provided in article 64,
paragraph 3, of the agreement that the United States retains
for itself and its political subdivisions the right to tax
salaries and emoluments paid by the Bank to United States
citizens or nationals.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 290i-8.
---------------------------------------------------------------------------
securities issued by the bank
Sec. 1341.\14\ (a) Any securities issued by the Bank
(including any guarantee by the Bank, whether or not limited in
scope) in connection with the raising of funds for inclusion in
the Bank's ordinary capital resources as defined in article 9
of the agreement and any securities guaranteed by the Bank as
to both principal and interest to which the commitment in
article 7, paragraph 4(a), of the agreement is expressly
applicable, shall be deemed to be exempted securities within
the meaning of section 3(a)(2) of the Securities Act of 1933
(15 U.S.C. 77c) and section 3(a)(12) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c). The Bank shall file with the
Securities and Exchange Commission such annual and other
reports with regard to such securities as the Commission shall
determine to be appropriate in view of the special character of
the Bank and its operations as necessary in the public interest
or for the protection of investors.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 290i-9.
---------------------------------------------------------------------------
(b) The Securities and Exchange Commission, acting in
consultation with such agency or officer as the President shall
designate,\4\ is authorized to suspend the provisions of
subsection (a) at any time as to any or all securities issued
or guaranteed by the Bank during the period of such suspension.
The Commission shall include in its annual reports to Congress
such information as it shall deem advisable with regard to the
operations and effect of this section and in connection
therewith shall include any views submitted for such purpose by
any association of dealers registered with the Commission.
technical amendments
Sec. 1342. (a) The seventh sentence of paragraph 7 of
section 5136 of the Revised Statutes of the United States (12
U.S.C. 24) is amended by striking out ``or'' after ``the Inter-
American Development Bank'' and inserting in lieu thereof a
comma, and by inserting ``or the African Development Bank''
after ``the Asian Development Bank''.
(b) * * *
(c) * * *
(d) Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) is
amended by striking out ``and'' after ``the Asian Development
Bank,'' and inserting ``and the African Development Bank,''
after ``the African Development Fund,''.
Sec. 1343.\15\ (a) The United States Governor of the Bank
is authorized to agree to subscribe on behalf of the United
States to fifty-nine thousand, six hundred and thirty-two
shares of the capital stock of the Bank, except that the
subscription shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 290i-10. Sec. 1343 was added by title I of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations,
1988; Public Law 100-202; 101 Stat. 1329-134), which enacted into law
the amendment made by sec. 301 of H.R. 3750, as introduced by the House
Committee on Banking, Finance and Urban Affairs, on December 11, 1987.
---------------------------------------------------------------------------
(b) In order to pay for the United States subscription
authorized in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $719,370,633, for
payment by the Secretary of the Treasury.\16\
---------------------------------------------------------------------------
\16\ Appropriations for the U.S. share of the fourth general
capital increase as authorized in sec. 1343 have been made in the
following amounts and Public Laws: fiscal year 1988--$143.9 million ($9
million paid-in capital; $134.9 million callable capital) (Public Law
100-202); fiscal year 1989--$142 million ($7.3 million paid-in capital;
$135.1 million callable capital) (Public Law 100-461); fiscal year
1990--$144.4 million ($9.6 million paid-in capital; $134.2 million
callable capital) (Public Law 101-167), reduced by $0.11 million as a
result of sequestration (Public Law 101-239); fiscal year 1991--$145.5
million ($10.1 million paid-in capital; $135.4 million callable
capital), reduced by $0.19 million as a result of sequestration (Public
Law 101-508), $0.19 restored (Public Law 102-27); fiscal year 1992--
$141.7 million ($8.85 million paid-in capital; $132.8 million callable
capital) (Public Law 102-145, as amended by Public Law 102-266); fiscal
year 1993--$0; fiscal year 1994--$0; fiscal year 1995--$2.1 million
($133,000 paid-in capital, $2.0 million callable capital) (Public Law
103-306).
Sec. 594 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in
sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-122), provided
the following:
---------------------------------------------------------------------------
``Authorizations
---------------------------------------------------------------------------
``Sec. 594. The Secretary of the Treasury may, to fulfill
commitments of the United States (1) effect the United States
participation in the fifth general capital increase of the African
Development Bank * * * . The following amounts are authorized to be
appropriated without fiscal year limitation for payment by the
Secretary of the Treasury: $40,847,011 for paid-in capital, and
$639,932,485 for callable capital, of the African Development Bank; * *
* .''.
Appropriations for the increase were made in the following amounts
and Public Laws: fiscal year 2000--$68.1 million ($4.1 million paid-in
capital, $64 million callable capital) (Public Law 106-113); fiscal
year 2001--$103.6 million ($6.1 million paid-in capital, rescission--
minus $0.013 million; $97.5 million callable capital) (Public Law 106-
429); fiscal year 2002--$85 million ($5.1 million paid-in capital,
$79.992 million callable capital) (Public Law 107-115); fiscal year
2003--$84.7 million ($5.104 million paid-in capital, rescission--minus
$0.033 million, $79.603 million callable capital) (Public Law 108-7);
fiscal year 2004--$84.2 million ($5.105 million paid-in capital,
resicssion--minus $0.030 million, $79.14 million callable capital)
(Public Law 108-199); fiscal year 2005--$83.6 million ($4.1 million
paid-in capital, rescission--minus $0.030 million; $79.533 million
callable capital) (Public Law 108-447); fiscal year 2006--$92 million
($3.638 million paid-in capital, $88.334 million callable capital)
(Public Law 109-102).
e. African Development Fund Act, as amended
Partial text of Public Law 94-302 [H.R. 9721], 90 Stat. 591, approved
May 31, 1976; as amended by Public Law 95-118 [H.R. 5262], 91 Stat.
1067 at 1069, approved October 3, 1977; Public Law 96-259 [S. 662], 94
Stat. 429 at 430, approved June 3, 1980; Public Law 96-465 [H.R. 6790],
94 Stat. 2071 at 2161, approved October 17, 1980; Public Law 98-181
[Supplemental Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at
1286, approved November 30, 1983; Public Law 99-190 [Further Continuing
Appropriations, 1986; H.J. Res. 465], 99 Stat. 1294, approved December
19, 1985; H.R. 4645 as enacted into law by Public Law 100-461 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
101-240 [International Development and Finance Act of 1989; H.R. 2494],
103 Stat. 2492, approved December 19, 1989; Public Law 102-145 [Further
Continuing Appropriations, Fiscal Year 1992; H.J. Res. 360, as amended
by Public Law 102-266], 105 Stat. 968 at 106 Stat. 98, approved October
28, 1991; Public Law 108-199 [Division D of the Consolidated
Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 at 118 Stat. 204,
approved January 23, 2003; and Public Law 109-102 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2006; H.R.
3057], 119 Stat. 2172, approved November 14, 2005
AN ACT To provide for increased participation by the United States in
the Inter-American Development Bank, to provide for the entry of
nonregional members and the Bahamas and Guyana in the Inter-American
Development Bank, to provide for the participation of the United States
in the African Development Fund, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--AFRICAN DEVELOPMENT FUND
Sec. 201. This title may be cited as the ``African
Development Fund Act''.
Sec. 202.\1\ The President is hereby authorized to accept
participation for the United States in the African Development
Fund (hereinafter referred to as the ``Fund'') provided for by
the agreement establishing the Fund (hereinafter referred to as
the ``agreement'') deposited in the archives of the United
Nations.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 290g.
---------------------------------------------------------------------------
Sec. 203.\2\ (a) The President by and with the advice and
consent of the Senate, shall appoint a Governor, and an
Alternate Governor, of the Fund.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 290g-1.
---------------------------------------------------------------------------
(b) The Governor, or in his absence the Alternate Governor,
on the instructions of the President, shall cast the votes of
the United States for the Director to represent the United
States in the Fund. The Director representing the United States
and his Alternate, if they are citizens of the United States,
may, in the discretion of the President, receive such
compensation, allowances, and other benefits not exceeding
those authorized for a chief of mission, under the Foreign
Service Act of 1980.\3\
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\3\ The references to the chief of mission and to the Foreign
Service Act of 1980 were inserted by Public Law 96-465 (94 Stat. 2161).
These references formerly pertained to the Chief of Mission, class 2,
and to the Foreign Service Act of 1946, respectively.
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Sec. 204.\4\ The provisions of section 4 of the Bretton
Woods Agreements Act, as amended (22 U.S.C. 286b), shall apply
with respect to the Fund to the same extent as with respect to
the International Bank for Reconstruction and Development and
the International Monetary Fund.\5\
---------------------------------------------------------------------------
\4\ 22 U.S.C. 290g-2.
\5\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(e)(6)
struck out the last sentence of this section, which read: ``Reports
with respect to the Fund under paragraphs (5) and (6) of subsection 4
of said Act, as amended, shall be included in the first report made
thereunder after the United States accepts participation in the
Fund.''.
---------------------------------------------------------------------------
Sec. 205.\6\ Unless Congress by law authorizes such action,
neither the President nor any person or agency, shall, on
behalf of the United States:
---------------------------------------------------------------------------
\6\ 22 U.S.C. 290g-3.
---------------------------------------------------------------------------
(a) agree to an increase in the subscription of the
United States to the Fund;
(b) vote for or agree to any amendment of the
agreement which increases the obligations of the United
States, or which would change the purpose of functions
of the Fund; or
(c) make a loan or provide other financing to the
Fund, except that funds for technical assistance may be
provided to the Fund by a United States agency created
pursuant to an Act of Congress which is authorized by
law to provide funds to international organizations.
Sec. 206.\7\ (a) There is hereby authorized to be
appropriated without fiscal year limitation, as the United
States subscription, $25,000,000 to be paid by the Secretary of
the Treasury to the Fund in three annual installments of
$9,000,000, $8,000,000, and $8,000,000.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 290g-4.
---------------------------------------------------------------------------
(b) Any repayment or distribution of moneys from the Fund
to the United States shall be covered into the Treasury as a
miscellaneous receipt.
Sec. 207.\8\ Any Federal Reserve bank which is requested to
do so by the President shall act as a depository for the Fund,
and the Board of Governors of the Federal Reserve System shall
supervise and direct the carrying out of these functions by the
Federal Reserve banks.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 290g-5.
---------------------------------------------------------------------------
Sec. 208.\9\ For the purpose of any civil action which may
be brought within the United States, its territories or
possessions, or the Commonwealth of Puerto Rico, by or against
the Fund in accordance with the agreement, the Fund shall be
deemed to be an inhabitant of the Federal judicial district in
which its principal office or agency appointed for the purpose
of accepting service or notice of service is located, and any
such action to which the Fund shall be party shall be deemed to
arise under the laws of the United States, and the district
courts of the United States (including the courts enumerated in
title 28, section 460, United States Code) shall have original
jurisdiction of any such action. When the Fund is defendant in
any action in a State court, it may, at any time before the
trial thereof, remove any such action into the district court
of the United States for the proper district by following the
procedure for removal of causes otherwise provided by law.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 290g-6.
---------------------------------------------------------------------------
Sec. 209.\10\ The agreement, including without limitation
articles 41 through 50, shall have full force and effect in the
United States, its territories and possessions, and the
Commonwealth of Puerto Rico, upon the acceptance of
participation by the United States in, and the entry into force
of, the Fund. The President, at the time of deposit of the
instrument of acceptance of participation of the United States
in the Fund, shall also deposit a declaration that the United
States retains for itself and its political subdivisions the
right to tax salaries and emoluments paid by the Fund to its
citizens or nationals and may deposit a declaration providing
for reservations on other matters set forth in article 58.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 290g-7.
---------------------------------------------------------------------------
Sec. 210.\11\ The President shall instruct the United
States Governor of the Fund to cause the Executive Director
representing the United States in the Fund to cast the votes of
the United States against any loan or other utilization of the
funds of the Fund for the benefit of any country which has--
---------------------------------------------------------------------------
\11\ 22 U.S.C. 290g-8.
---------------------------------------------------------------------------
(1) nationalized or expropriated or seized ownership
or control of property owned by any United States
citizen or by any corporation, partnership, or
association not less than 50 per centum of which is
beneficially owned by United States citizens;
(2) taken steps repudiate or nullify existing
contracts or agreements with any United States citizen
or any corporation, partnership, or association not
less than 50 per centum of which is beneficially owned
by United States citizens; or
(3) imposed or enforced discriminatory taxes or other
exactions, or restrictive maintenance or operational
conditions, or has taken other actions, which have the
effect of nationalizing, expropriating, or otherwise
seizing ownership or control of property so owned;
unless the President determines that (A) an arrangement for
prompt, adequate, and effective compensation has been made, (B)
the parties have submitted the dispute to arbitration under the
rules of the Convention for the Settlement of Investment
Disputes,\12\ or (C) good faith negotiations are in progress
aimed at providing prompt, adequate, and effective compensation
under the applicable principles of international law.
---------------------------------------------------------------------------
\12\ See Legislation on Foreign Relations, vol. V, for text.
---------------------------------------------------------------------------
Sec. 211.\13\ (a) The United States Governor is hereby
authorized to contribute on behalf of the United States
$50,000,000 to the African Development Fund, which would
represent an additional United States contribution to the first
replenishment. The Secretary of the Treasury is directed to
begin discussions with other donor nations to the African
Development Fund for the purpose of setting amounts and of
reviewing and possibly changing the voting structure within the
Fund. Provided, however, That any commitment to make such
contribution shall be made subject to obtaining the necessary
appropriations.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 290g-10. This section, added as sec. 212 by sec. 601
of Public Law 95-118 (91 Stat. 1069), was redesignated as sec. 211 by
sec. 301(1) of Public Law 96-259 (94 Stat. 430). The original sec. 211,
which directed the U.S. Governor of the Fund to vote against any loans
or assistance to any country engaging in violations of human rights,
was repealed by sec. 702 of Public Law 95-118 (91 Stat. 1070). For
references to the African Development Fund and human rights, see title
VII of Public Law 95-118.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution to
the African Development Fund provided for in this section there
are authorized to be appropriated without fiscal year
limitation $50,000,000 for payment by the Secretary of the
Treasury.\14\
---------------------------------------------------------------------------
\14\ Appropriations for U.S. payment authorized in sec. 211 (AFDF
I) were provided in the following amount and Public Law: fiscal year
1979--$25 million (Public Law 95-481).
---------------------------------------------------------------------------
Sec. 212.\15\ (a) The United States Governor of the Fund is
authorized to contribute on behalf of the United States
$125,000,000 to the Fund as the United States contribution to
the second replenishment of the resources of the Fund, except
that any commitment to make such contribution shall be made
subject to obtaining the necessary appropriations.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 290g-11. Sec. 301(2) of Public Law 96-259 (94 Stat.
430) added sec. 212.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution
provided for in this section, there is authorized to be
appropriated, without fiscal year limitation, $125,000,000 for
payment by the Secretary of the Treasury.\16\
---------------------------------------------------------------------------
\16\ Appropriations for U.S. payments authorized in sec. 212 (AFDF
II) were provided in the following amounts and Public Laws: fiscal year
1980--$25 million (Public Law 96-123); fiscal year 1981--$41.7 million
(Public Law 96-536); fiscal year 1982--$58.3 million (Public Law 97-
121).
---------------------------------------------------------------------------
(c) For the purpose of keeping to a minimum the cost of the
United States, the Secretary of the Treasury--
(1) shall pay the United States contribution to the
African Development Fund authorized by this section by
letter of credit in three annual installments; and
(2) shall take the steps necessary to obtain a
certification from the Fund that any undisbursed
balances resulting from drawdowns on such letter of
credit will not exceed at any time the United States
share of expected disbursement requirements for the
following three-month period.
Sec. 213.\17\ (a)(1) The United States Governor of the Fund
is authorized to contribute on behalf of the United States
$150,000,000 to the Fund as the United States contribution to
the third replenishment of the resources of the Fund.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 290g-12. Sec. 1003 of Public Law 98-181 (97 Stat.
1286) added sec. 213.
---------------------------------------------------------------------------
(2) Any commitment to make the contribution authorized in
paragraph (1) shall be made subject to obtaining the necessary
appropriations.
(b) In order to pay for the United States contribution
provided for in this section, there are authorized to be
appropriated, without fiscal year limitation, $150,000,000 for
payment by the Secretary of the Treasury.\18\
---------------------------------------------------------------------------
\18\ Appropriations for U.S. payments authorized in sec. 213 (AFDF
III) were provided in the following amounts and Public Laws: fiscal
year 1983--$50 million (Public Law 97-377); fiscal year 1984--$50
million (Public Law 98-151); fiscal year 1985--$50 million (Public Law
98-473).
---------------------------------------------------------------------------
united states contribution
Sec. 214.\19\ (a)(1) The United States Governor of the Fund
is authorized to contribute $225,000,000 to the fourth
replenishment of the resources of the Fund.
---------------------------------------------------------------------------
\19\ 22 U.S.C. 290g-13. sec. 201 of the Multilateral Development
Bank Act of 1985 (H.R. 2253, enacted by reference in sec. 101(i) of the
Further Continuing Appropriations, 1986; Public Law 99-190; 99 Stat.
1294) added sec. 214.
---------------------------------------------------------------------------
(2) Any commitment to make the contribution authorized in
paragraph (1) shall be made subject to obtaining the necessary
appropriations.
(b) In order to pay for the United States contribution
provided for in this section, there are authorized to be
appropriated, without fiscal year limitation, $225,000,000 for
payment by the Secretary of the Treasury.\20\
---------------------------------------------------------------------------
\20\ Appropriations for U.S. payments authorized in sec. 214 (AFDF
IV) were provided in the following amounts and Public Laws: fiscal year
1986--$62.2 million (Public Law 99-190), reduced by $2.7 million as a
result of sequestration (Public Law 99-177); fiscal year 1987--$53.8
million (Public Law 99-591); fiscal year 1987 supplemental--$36.6
million (Public Law 100-71); fiscal year 1988--$75 million (Public Law
100-202).
---------------------------------------------------------------------------
SEC. 215.\21\ FIFTH REPLENISHMENT.
(a) Contribution Authorized.--The United States Governor of
the Fund is authorized to contribute $315,000,000 to the fifth
replenishment of the resources of the Fund, except that such
authority shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.
---------------------------------------------------------------------------
\21\ 22 U.S.C. 290g-14. Sec. 2 of H.R. 4645, as enacted into law by
sec. 555 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268),
added sec. 215.
---------------------------------------------------------------------------
(b) Authorization of Appropriations.--In order to pay for
the United States contribution provided for in this section,
there are authorized to be appropriated, without fiscal year
limitation, $315,000,000 for payment by the Secretary of the
Treasury.\22\
---------------------------------------------------------------------------
\22\ Appropriations for U.S. payments authorized in sec. 215 (AFDF
V) for the fifth replenishment of the African Development Fund was
provided in the following amounts and Public Laws: fiscal year 1989--
$105 million (Public Law 100-461); fiscal year 1990--$104.5 million
(Public Law 101-167); fiscal year 1991--$105.5 million (Public Law 101-
513), reduced by $2 million as a result of sequestration (Public Law
101-508), further reduced by $2 million as a result of sequestration
(Public Law 102-27).
---------------------------------------------------------------------------
SEC. 216.\23\ SIXTH REPLENISHMENT.
(a) Contribution Authorized.--The United States Governor of
the Fund is authorized to contribute $405,000,000 to the sixth
replenishment of the resources of the Fund, except that such
authority shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.
---------------------------------------------------------------------------
\23\ 22 U.S.C. 290g-15. Sec. 125(c) of the Further Continuing
Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended by
Public Law 102-266), added sec. 216.
---------------------------------------------------------------------------
(b) Limitations on Authorization of Appropriations.--In
order to pay for the United States contribution provided for in
this section, there are authorized to be appropriated, without
fiscal year limitation, $135,000,000 for payment by the
Secretary of the Treasury.\24\
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\24\ Appropriations for U.S. payments authorized in sec. 216 (AFDF
VI) for the sixth replenishment of the African Development Fund was
provided in the following amounts and Public Laws: fiscal year 1992--
$103.9 million (Public Law 102-145, as amended by Public Law 102-266);
fiscal year 1993--$103.9 million (Public Law 102-391); fiscal year
1994--$135 million (Public Law 103-87); fiscal year 1995--$124,229
million, rescission--minus $62.015 million (Public Law 103-306.
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SEC. 217.\25\ NINTH REPLENISHMENT.
(a) Contribution Authority.--
(1) In general.--The United States Governor of the
Fund may contribute on behalf of the United States an
amount equal to the amount appropriated under
subsection (b), pursuant to the resolution of the Fund
entitled ``The Ninth General Replenishment of Resources
of the African Development Fund.
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\25\ 22 U.S.C. 290g-16. Sec. 583 of the Foreign Operations
Appropriations, Export Financing, and Related Programs Appropriations,
2004 (Division D of Public Law 108-199; 118 Stat. 204), added sec. 217.
---------------------------------------------------------------------------
(2) Subject to appropriations.--Any commitment to
make the contribution authorized by paragraph (1) shall
be effective only to such extent or in such amounts as
are provided in advance in appropriations Acts.
(b) Limitations on Authorization of Appropriations.--For
the contribution authorized by subsection (a), there are
authorized to be appropriated such sums as may be necessary for
payment by the Secretary of the Treasury, without fiscal year
limitation.\26\
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\26\ Appropriations for U.S. payments authorized in sec. 217 (AFDF
IX) for the ninth replenishment of the African Development Fund were
provided in the following amounts and Public Laws: fiscal year 2003--
$108.073 million, rescission--minus $0.702 million (Public Law 108-7;
fiscal year 2004--$112,725 million, rescission--minus $0.665 million
(Public Law 108-199); fiscal year 2005--$106 million, rescission--minus
$0.85 million (Public Law 108-447); fiscal year 2006--$135.7 million
(Public Law 109-102).
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SEC. 218.\27\ TENTH REPLENISHMENT.
(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $407,000,000 to the
tenth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
---------------------------------------------------------------------------
\27\ 22 U.S.C. 290g-17. Sec. 599C(b) of the Foreign Operations
Appropriations, Export Financing, and Related Programs Appropriations,
2006 (Public Law 109-102; 119 Stat. 2243), added sec. 218.
---------------------------------------------------------------------------
(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $407,000,000 for
payment by the Secretary of the Treasury.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--Sec. 526(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations ``(c) The Secretary of the Treasury may, to fulfill commitments of the United States, * * * (2)
contribute to * * * the African Development Fund in connection with the seventh general replenishment
of its resources, * * *. The amount to be paid in respect of each such contribution or subscription is
authorized to be appropriated without fiscal year limitation. Each such subscription or contribution
shall be effective only to such extent or in such amounts as are provided in advance in appropriations
Acts.''. Appropriations for U.S. payments to participate in the seventh general replenishment have been
provided in the following amounts and Public Laws: fiscal year 1998--$45 million (Public Law 105-118);
fiscal year 1999--$128 million (Public Law 105-277); fiscal year 1999 rescission--$1 million (Public
Law 106-113).--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Sec. 594 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000
``Authorizations ``Sec. 594. The Secretary of The Treasury may, to fulfill commitments of the United States: (1) * * *
; and (2) contribute on behalf of the United States to the eighth replenishment of the resources of
the African Development Fund * * * . The following amounts are authorized to be appropriated without
fiscal year limitation for payment by the Secretary of the Treasury: * * * $300,000,000 for the
African Development Fund * * * ''.
Appropriations for U.S. participation in the eighth replenishment were made in the following amounts
and Public Laws: fiscal year 2000--$127 million (Public Law 106-113); fiscal year 2001--$100 million,
rescission--minus $0.22 million (Public Law 106-429); fiscal year 2002--$100 million (Public Law 107-
155).--------------------------------------------------------------------------------------------------------------------------------------------------------
f. European Bank for Reconstruction and Development Act
Sec. 562(c) of Public Law 101-513 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991; H.R. 5114],
104 Stat. 1979 at 2034, approved November 5, 1990
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1991, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1991, and for other purposes, namely:
* * * * * * *
general authorizations
Sec. 562. General Authorizations.--
* * * * * * *
international banking provisions
* * * * * * *
(c) European Bank for Reconstruction and Development.--
(1) \1\ Short title.--This subsection may be cited as
the ``European Bank for Reconstruction and Development
Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 290l note.
---------------------------------------------------------------------------
(2) \2\ Acceptance of membership.--The President is
hereby authorized to accept membership for the United
States in the European Bank for Reconstruction and
Development (in this subsection referred to as the
``Bank'') provided for by the agreement establishing
the Bank (in this subsection referred to as the
``Agreement''), signed on May 29, 1990.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 290l.
---------------------------------------------------------------------------
(3) \3\ Governor and alternate governor.--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 290l-1.
---------------------------------------------------------------------------
(A) Appointment.--The President, by and with
the advice and consent of the Senate, shall
appoint a Governor of the Bank, an alternate
for the Governor, and a Director of the Bank.
(B) Compensation.--Any person who serves as a
Governor of the Bank or as an alternate for the
Governor may not receive any salary or other
compensation from the United States by reason
of such service.
(4) \4\ Applicability of certain provisions of the
bretton woods agreements act.--Section 4 of the Bretton
Woods Agreements Act shall apply to the Bank in the
same manner in which such section applies to the
International Bank for Reconstruction and Development
and the International Monetary Fund.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 290l-2.
---------------------------------------------------------------------------
(5) \5\ Federal reserve banks as depositories.--Any
Federal Reserve Bank which is requested to do so by the
Bank may act as its depository, or as its fiscal agent,
and the Board of Governors of the Federal Reserve
System shall exercise general supervision over the
carrying out of these functions.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 290l-3.
---------------------------------------------------------------------------
(6) \6\ Subscription of stock.--
---------------------------------------------------------------------------
\6\ 22 U.S.C. 290l-4.
The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998 (Public Law 105-118, 22 Stat. 2425), provided
for participation in the eleventh replenishment, as follows:
---------------------------------------------------------------------------
``international financial institutions
---------------------------------------------------------------------------
``Sec. 560. (a) Authorizations.--The Secretary of the Treasury may,
to fulfill commitments of the United States: (1) effect the United
States participation in the first general capital increase of the
European Bank for Reconstruction and Development, subscribe to and make
payment for 100,000 additional shares of the capital stock of the Bank
on behalf of the United States; * * * . The following amounts are
authorized to be appropriated without fiscal year limitation for
payment by the Secretary of the Treasury: (1) $285,772,500 for paid-in
capital, and $984,327,500 for callable capital of the European Bank for
Reconstruction and Development; * * *. Each such subscription or
contribution shall be subject to obtaining the necessary
appropriations.''.
Appropriations for the U.S. contribution have been provided in the
following amounts and Public Laws: fiscal year 1998--$159 million
($35.8 million paid-in capital, $123.2 million callable capital)
(Public Law 105-118); fiscal year 1999--$159 million ($35.8 million
paid-in capital, $123.2 million callable capital) (Public Law 105-277);
fiscal year 2000--$159 million ($35.8 million paid-in capital, $123.2
million callable capital) (Public Law 106-113); fiscal year 2001--
$158.9 million ($35.8 million paid-in capital, $123.2 million callable
capital minus fiscal year 2000 recission--$0.79 million) (Public Law
106-429); fiscal year 2002--$159 million ($35.8 million paid-in
capital, $123.2 million callable capital) (Public Law 107-115); fiscal
year 2003--$159.1 million ($35.8 million paid-in capital, $123.3
million callable capital, rescission--minus $0.233 million) (Public Law
108-7); fiscal year 2004--$156.7 million ($35.4 million paid-in
capital, rescission--minus $0.209 million, $121.4 million callable
capital) (Public Law 108-199); fiscal year 2005--$157.4 million ($35.4
million paid-in capital, rescission--minus $0.283 million, $122 million
callable capital) (Public Law 108-447); fiscal year 2006--$3.3 million
($1.016 million paid-in capital, $2.25 million callable capital)
(Public Law 109-102).
---------------------------------------------------------------------------
(A) Subscription authority.--
(i) In general.--The Secretary of the
Treasury may subscribe on behalf of the
United States to 100,000 shares of the
capital stock of the Bank.
(ii) Effectiveness of subscription
commitment.--Any commitment to make
such subscription shall be effective
only to such extent or in such amounts
as are provided for in advance by
appropriations Acts.
(B) Limitations on authorization of
appropriations.--For payment by the Secretary
of the Treasury of the subscription of the
United States for shares described in
subparagraph (A), there are authorized to be
appropriated $1,167,010,000 without fiscal year
limitation.\7\
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\7\ Appropriations for U.S. subscription authorized in para. (6)
were provided in the following amounts and Public Laws: fiscal year
1991--$233.4 million ($70 million paid-in capital, $163.38 callable
capital) (Public Law 101-513), reduced by $1.3 million as a result of
sequestration (Public Law 101-508), $1.3 million restored (Public Law
102-27); fiscal year 1992--$230 million ($68.99 million paid-in
capital, $160.97 callable capital) (Public Law 102-145, as amended by
Public Law 102-266); fiscal year 1993--$200 million ($60 million paid
in capital, $140 million callable capital) (Public Law 102-391); fiscal
year 1994--$0; fiscal year 1995--$230.6 million ($69.18 million paid-in
capital; $161.42 million callable capital) (Public Law 103-306); fiscal
year 1996--$233.33 million ($70 million paid-in capital; $163.33
callable capital) (Public Law 104-107); fiscal year 1997--$39.73
million ($11.92 million paid-in capital; $27.81 million callable
capital) (Public Law 104-208).
Sec. 579 of Public Law 101-513 (104 Stat. 2045), as continued by
Public Law 102-145, as amended, further provided the following:
---------------------------------------------------------------------------
``withholding of obligations for the european bank for reconstruction and
development
---------------------------------------------------------------------------
``Sec. 579. (a) None of the funds made available by this Act for
the European Bank for Reconstruction and Development may be obligated
until the President reaches an agreement or agreements, as necessary,
with the Polish Government or with other creditors, the authority to
enter into which he is hereby granted notwithstanding any other
provision of law, which accurately reflect the real collectability of
the debts of the Polish Government to the Government of the United
States and which adjusts the amount of debt and debt service payable by
the Polish Government to the Government of the United States
accordingly, subject to the following conditions:
---------------------------------------------------------------------------
``(1) an International Monetary Fund agreement is in effect with respect
to Poland, and it is clear that it is the intent of the Polish Government
to continue full implementation of that program, and
``(2) the recent historic change of the Polish Government into a
democracy has been maintained, and
``(3) the Polish Government is seeking comparable treatment of both
public and private external debt.
---------------------------------------------------------------------------
``(b) If the President determines that, in order to substantially
increase the probability of other creditor governments and commercial
bankers taking actions adjusting or restructuring their Polish debt to
reflect its real collectability, it is best for the United States to
use the authority contained in subsection (a), then the President may
exercise the authority of subsection (a) unilaterally.
``(c) Funds may be obligated notwithstanding subsection (a) subject
to the regular notification procedures of the Committees on
Appropriations.''.
---------------------------------------------------------------------------
(C) Disposition of net income distributions
by the bank.--Any payment made to the United
States by the Bank as a distribution of net
income shall be covered into the Treasury as a
miscellaneous receipt.
(7) \8\ Jurisdiction and venue of civil actions by or
against the bank.--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 290l-5.
---------------------------------------------------------------------------
(A) Jurisdiction.--The United States district
courts shall have original and exclusive
jurisdiction of any civil action brought in the
United States by or against the Bank.
(B) Venue.--For purposes of section 1391(b)
of title 28, United States Code, the Bank shall
be deemed to be a resident of the judicial
district in which the principal office of the
Bank in the United States, or its agent
appointed for the purpose of accepting service
or notice of service, is located.
(8) \9\ Effectiveness of agreement.--The Agreement
shall have full force and effect in the United States,
its territories and possessions, and the Commonwealth
of Puerto Rico, upon acceptance of membership by the
United States in the Bank and the entry into force of
the Agreement.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 290l-6.
---------------------------------------------------------------------------
(9) \10\ Exemption from securities laws for certain
securities issued by the bank; reports required.--
---------------------------------------------------------------------------
\10\ 22 U.S.C. 290l-7.
---------------------------------------------------------------------------
(A) Exemption from securities laws; reports
to securities and exchange commission.--Any
securities issued by the Bank (including any
guaranty by the Bank, whether or not limited in
scope) in connection with the raising of funds
for inclusion in the Bank's ordinary capital
resources as defined in article 7 of the
Agreement and any securities guaranteed by the
Bank as to both principal and interest to which
the commitment in article 6, paragraph 4, of
the Agreement is expressly applicable, shall be
deemed to be exempted securities within the
meaning of section 3(a)(2) of the Securities
Act of 1933 and section 3(a)(12) of the
Securities Exchange Act of 1934. The Bank shall
file with the Securities and Exchange
Commission such annual and other reports with
regard to such securities as the Commission
shall determine to be appropriate in view of
the special character of the Bank and its
operations and necessary in the public interest
or for the protection of investors.
(B) Authority of securities and exchange
commission to suspend exemption; reports to the
congress.--The Securities and Exchange
Commission, acting in consultation with such
agency or officer as the President shall
designate, may suspend the provisions of
subparagraph (A) at any time as to any or all
securities issued or guaranteed by the Bank
during the period of such suspension. The
Commission shall include in its annual reports
to the Congress such information as it shall
deem advisable with regard to the operations
and effect of this paragraph.
(10) Technical amendments.--
(A) Annual report required on participation
of the united states in the bank.--Section
1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)) is
amended by inserting ``European Bank for
Reconstruction and Development,'' before
``International Development Association,''.
(B) Exemption from limitations and
restrictions on power of national banking
associations to deal in and underwrite
investment securities of the bank.--The 7th
sentence of paragraph 7 of section 5136 of the
Revised Statutes of the United States (12
U.S.C. 24) is amended by inserting ``the
European Bank for Reconstruction and
Development,'' before ``the Inter-American
Development Bank,''.
(C) Benefits for united states citizen-
representatives to the bank.--Section 51 of the
Act entitled ``An Act to authorize United
States participation in increases in the
resources of certain international financial
institutions, to provide for an annual audit of
the Exchange Stabilization Fund by the General
Accounting Office, and for other purposes.''
(Public Law 91-599; 22 U.S.C. 276c-2) is
amended by inserting ``the European Bank for
Reconstruction and Development,'' before ``the
Inter-American Development Bank,''.
(11) \11\ Congressional consultations.--During
negotiations on the establishment of operational
guidelines for the Bank, the Secretary of the Treasury
shall--
---------------------------------------------------------------------------
\11\ 22 U.S.C. 290l-8. Sec. 584 of Public Law 101-513 (104 Stat.
2046; 22 U.S.C. 290l-8 note), as continued by Public Law 102-145, as
amended, provided:
---------------------------------------------------------------------------
``european bank for reconstruction and development
---------------------------------------------------------------------------
``Sec. 584. In all negotiations concerning the structure, bylaws,
and operating procedures of the European Bank for Reconstruction and
Development (EBRD), the Secretary of the Treasury shall vigorously
seek--
---------------------------------------------------------------------------
``(1) establishment of procedures for environmental assessment of all
proposed operations with potentially significant environmental impacts;
``(2) establishment of an environmental unit with sufficient staff to
review proposed operations, monitor compliance with environmental
provisions, and provide overall policy guidance;
``(3) establishment of procedures for systematic consultation with and
involvement of the public and interested nongovernmental organizations,
including an opportunity for comment by local communities which may be
affected by EBRD operations and establishment of a system of public
notification and comment during the development of EBRD policies and
operating procedures; and
``(4) agreement that a significant portion of the EBRD's funds shall be
devoted to projects focused on environmental restoration and protection.''.
(A) consult on a regular and timely basis
with the Committee on Banking, Finance and
Urban Affairs \12\ and the Committee on
Appropriations of the House of Representatives,
and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate;
---------------------------------------------------------------------------
\12\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
---------------------------------------------------------------------------
(B) seek to ensure that procedures and
mechanisms are established, including the
creation of specific departments or staffs
within the Bank, which will allow the Bank to
assess the impact of any loans, guarantees, or
other activities on the environment and on
internationally recognized human rights in
borrower countries; and
(C) report, through consultation within 90
days after the date of the enactment of this
Act, to the Committees specified in
subparagraph (A) on the progress of efforts to
create such procedures and mechanisms.
g. North American Development Bank
(1) North American Development Bank Act
Partial text of Public Law 103-182 [North American Free Trade Agreement
Implementation Act; H.R. 3450], 107 Stat. 2057, approved December 8,
1993; as amended by Public Law 108-215 [H.R. 254], 118 Stat. 579,
approved April 5, 2004
AN ACT To implement the North American Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of American in Congress assembled,
* * * * * * *
TITLE V--NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE AND OTHER PROVISIONS
* * * * * * *
Subtitle D--Implementation of NAFTA Supplemental Agreements
* * * * * * *
part 2--north american development bank and related provisions
SEC. 541.\1\ NORTH AMERICAN DEVELOPMENT BANK.
(a) Acceptance of Membership.--The President is hereby
authorized to accept membership for the United States in the
North American Development Bank (hereafter in this part
referred to as the ``Bank'') provided for in Chapter II of the
Border Environment Cooperation Agreement (hereafter in this
part referred to as the ``Cooperation Agreement'').
---------------------------------------------------------------------------
\1\ 22 U.S.C. 290m. See also Executive Order 12916 (May 13, 1994;
59 F.R. 25779), implementing the agreement between the United States
and Mexico to establish the North American Development Bank.
---------------------------------------------------------------------------
(b) Subscription of Stock.--
(1) Subscription authority.--
(A) In general.--The Secretary of the
Treasury may subscribe on behalf of the United
States up to 150,000 shares of the capital
stock of the Bank.
(B) Effectiveness of subscription.--Except as
provided in paragraph (3), any such
subscription shall be effective only to such
extent or in such amounts as are provided in
advance in appropriations Acts.
(2) Limitations on authorization of appropriations.--
For payment by the Secretary of the Treasury of the
subscription of the United States for shares described
in paragraph (1), there are authorized to be
appropriated $1,500,000,000 ($225,000,000 of which may
be used for paid-in capital and $1,275,000,000 of which
may be used for callable capital) without fiscal year
limitation.\2\
---------------------------------------------------------------------------
\2\ Appropriations for the U.S. subscription were provided in the
following amounts and Public Laws: fiscal year 1995--$375 million
($56.25 million paid-in capital; $318.75 callable capital) (Public Law
103-182); fiscal year 1996--$375 million ($56.25 million paid-in
capital; $318.75 million callable capital) (Public Law 104-107); fiscal
year 1997--$375 million ($56.0 million paid-in capital; $318.75 million
callable capital) (Public Law 104-208), fiscal year 1998--$375 million
($56.5 million paid-in capital; $318.75 callable capital) (Public Law
105-118).
---------------------------------------------------------------------------
(3) Funding; limitation on callable capital
subscriptions.--
(A) Funding.--For fiscal year 1995, the
Secretary of the Treasury shall pay to the Bank
out of any sums in the Treasury not otherwise
appropriated the sum of $56,250,000 for the
paid-in portion of the United States share of
the capital stock of the Bank, 10 percent of
which may be transferred by the Bank to the
President pursuant to section 543 to pay for
the cost of direct and guaranteed Federal
loans.
(B) Limitation on callable capital
subscriptions.--For fiscal year 1995, the
Secretary of the Treasury shall subscribe to
the callable capital portion of the United
States share of the capital stock of the Bank
in an amount not to exceed $318,750,000.
(4) Disposition of net income distributed by the
facility.--Any payment made to the United States by the
Bank as a distribution of net income shall be covered
into the Treasury as a miscellaneous receipt.
(c) Compensation of Board Members.--No person shall be
entitled to receive any salary or other compensation from the
Bank or the United States for services as a Board member.
(d) Applicability of Bretton Woods Agreements Act.--The
provisions of section 4 of the Bretton Woods Agreements Act
shall apply with respect to the Bank to the same extent as with
respect to the International Bank for Reconstruction and
Development and the International Monetary Fund.
(e) Restrictions.--Unless authorized by law, neither the
President nor any person or agency shall, on behalf of the
United States--
(1) subscribe to additional shares of stock of the
Bank;
(2) vote for or agree to any amendment of the
Cooperation Agreement which increases the obligations
of the United States, or which changes the purpose or
functions of the Bank; or
(3) make a loan or provide other financing to the
Bank.
(f) Federal Reserve Banks as Depositories.--Any Federal
Reserve bank that is requested to do so by the Bank shall act
as its depository or as its fiscal agent, and the Board of
Governors of the Federal Reserve System shall supervise and
direct the carrying out of these functions by the Federal
Reserve banks.
(g) Jurisdiction of United States Courts and Enforcement of
Arbitral Awards.--For the purpose of any civil action which may
be brought within the United States, its territories or
possessions, or the Commonwealth of Puerto Rico, by or against
the Bank in accordance with the Cooperation Agreement,
including an action brought to enforce an arbitral award
against the Bank, the Bank shall be deemed to be an inhabitant
of the Federal judicial district in which its principal office
within the United States or its agency appointed for the
purpose of accepting service or notice of service is located,
and any such action to which the Bank shall be a party shall be
deemed to arise under the laws of the United States, and the
district courts of the United States, including the courts
enumerated in section 460 of title 28, United States Code,
shall have original jurisdiction of any such action. When the
Bank is a defendant in any action in a State court, it may at
any time before trial remove the action into the appropriate
district court of the United States by following the procedure
for removal provided in section 1446 of title 28, United States
Code.
(h) Exemption From Securities Laws for Certain Securities
Issued by the Bank; Reports Required.--
(1) Exemptions from limitations and restrictions on
the power of national banking associations to deal in
and underwrite investment securities of the bank.--The
seventh sentence of the seventh undesignated paragraph
of section 5136 of the Revised Statutes of the United
States (12 U.S.C. 24), is amended by inserting ``the
North American Development Bank,'' after ``Inter-
American Development Bank,''.
(2) Exemption from securities laws for certain
securities issued by the bank; reports required.--Any
securities issued by the Bank (including any guarantee
by the Bank, whether or not limited in scope) in
connection with the raising of funds for inclusion in
the Bank's capital resources as defined in Section 4 of
Article II of Chapter II of the Cooperation Agreement,
and any securities guaranteed by the Bank as to both
the principal and interest to which the commitment in
Section 3(d) of Article II of Chapter II of the
Cooperation Agreement is expressly applicable, shall be
deemed to be exempted securities within the meaning of
section 3(a)(2) of the Securities Act of 1933 (15
U.S.C. 77c), and section 3(a)(12) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c). The Bank shall
file with the Securities and Exchange Commission such
annual and other reports with regard to such securities
as the Commission shall determine to be appropriate in
view of the special character of the Bank and its
operations and necessary in the public interest or for
the protection of investors.
(3) Authority of securities and exchange commission
to suspend exemption; reports to the congress.--The
Securities and Exchange Commission, acting in
consultation with the National Advisory Council on
International Monetary and Financial Problems, is
authorized to suspend the provisions of paragraph (2)
at any time as to any or all securities issued or
guaranteed by the Bank during the period of such
suspension. The Commission shall include in its annual
reports to Congress such information as it shall deem
advisable with regard to the operations and effect of
this subsection and in connection therewith shall
include any views submitted for such purpose by any
association of dealers registered with the Commission.
SEC. 542.\3\ STATUS, IMMUNITIES, AND PRIVILEGES.
Article VIII of Chapter II of the Cooperation Agreement
shall have full force and effect in the United States, its
territories and possessions, and the Commonwealth of Puerto
Rico, upon entry into force of the Cooperation Agreement.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 290m-1.
---------------------------------------------------------------------------
SEC. 543.\4\ COMMUNITY ADJUSTMENT AND INVESTMENT PROGRAM.
(a) The President.--(1) The President may enter into an
agreement with the Bank that facilitates implementation by the
President of a program for community adjustment and investment
in support of the Agreement pursuant to chapter II of the
Cooperation Agreement (hereafter in this section referred to as
the ``community adjustment and investment program'').
---------------------------------------------------------------------------
\4\ 22 U.S.C. 290m-2.
---------------------------------------------------------------------------
(2) The President may receive from the Bank 10 percent of
the paid-in capital actually paid to the Bank by the United
States for the President to carry out, without further
appropriations, through Federal agencies and their loan and
loan guarantee programs, the community adjustment and
investment program, pursuant to an agreement between the
President and the Bank.
(3) The President may select one or more Federal agencies
that make loans or guarantee the repayment of loans to assist
in carrying out the community adjustment and investment
program, and may transfer the funds received from the Bank to
such agency or agencies for the purpose of assisting in
carrying out the community adjustment and investment program.
(4)(A) Each Federal agency selected by the President to
assist in carrying out the community adjustment and investment
program shall use the funds transferred to it by the President
from the Bank to pay for the costs of direct and guaranteed
loans, as defined in section 502 of the Congressional Budget
Act of 1974, and, as appropriate, other costs associated with
such loans, all subject to the restrictions and limitations
that apply to such agency's existing loan or loan guarantee
program.
(B) Funds transferred to an agency under subparagraph (A)
shall be in addition to the amount of funds authorized in any
appropriations Act to be expended by that agency for its loan
or loan guarantee program.
(5) The President shall--
(A) establish guidelines for the loans and loan
guarantees to be made under the community adjustment
and investment program;
(B) endorse the grants made by the Bank for the
community adjustment and investment program, as
provided in Article I, section 1(b), and Article III,
section 11(a), of Chapter II of the Cooperation
Agreement; and
(C) endorse any loans or guarantees made by the Bank
for the community adjustment and investment program, as
provided in Article I, section 1(b), and Article III,
section 6 (a) and (c) of Chapter II of the Cooperation
Agreement.
(b) Advisory Committee.--
(1) Establishment.--The President shall establish an
advisory committee to be known as the Community
Adjustment and Investment Program Advisory Committee
(in this section referred to as the ``Advisory
Committee'') in accordance with the provisions of the
Federal Advisory Committee Act.
(2) Membership.--
(A) In general.--The Advisory Committee shall
consist of 9 members of the public, appointed
by the President, who, collectively,
represent--
(i) community groups whose
constituencies include low-income
families;
(ii) any scientific, professional,
business, nonprofit, or public interest
organization or association which is
neither affiliated with, nor under the
direction of, a government;
(iii) for-profit business interests;
and
(iv) other appropriate entities with
relevant expertise.
(B) Representation.--Each of the categories
described in clauses (i) through (iv) of
subparagraph (A) shall be represented by no
fewer than 1 and no more than 3 members of the
Advisory Committee.
(3) Function.--It shall be the function of the
Advisory Committee--
(A) to provide advice to the President
regarding the implementation of the community
adjustment and investment program, including
advice on the guidelines to be established by
the President for the loans and loan guarantees
to be made pursuant to subsection (a)(4),
advice on identifying the needs for adjustment
assistance and investment in support of the
goals and objectives of the Agreement, taking
into account economic and geographic
considerations, and advice on such other
matters as may be requested by the President;
and
(B) to review on a regular basis the
operation of the community adjustment and
investment program and provide the President
with the conclusions of its review.
(4) Terms of members.--
(A) In general.--Each member of the Advisory
Committee shall serve at the pleasure of the
President.
(B) Chairperson.--The President shall appoint
a chairperson from among the members of the
Advisory Committee.
(C) Meetings.--The Advisory Committee shall
meet at least annually and at such other times
as requested by the President or the
chairperson. A majority of the members of the
Advisory Committee shall constitute a quorum.
(D) Reimbursement for expenses.--The members
of the Advisory Committee may receive
reimbursement for travel, per diem, and other
necessary expenses incurred in the performance
of their duties, in accordance with the Federal
Advisory Committee Act.
(E) Staff and facilities.--The Advisory
Committee may utilize the facilities and
services of employees of any Federal agency
without cost to the Advisory Committee, and any
such agency is authorized to provide services
as requested by the Committee.
(c) Ombudsman.--The President shall appoint an ombudsman to
provide the public with an opportunity to participate in the
carrying out of the community adjustment and investment
program.
(1) Function.--It shall be the function of the
ombudsman--
(A) to establish procedures for receiving
comments from the general public on the
operation of the community adjustment and
investment program, to receive such comments,
and to provide the President with summaries of
the public comments; and
(B) to perform an independent inspection and
programmatic audit of the operation of the
community adjustment and investment program and
to provide the President with the conclusions
of its investigation and audit.
(2) Authorization of appropriations.--There are
authorized to be appropriated to the President, or such
agency as the President may designate, $25,000 for
fiscal year 1995 and for each fiscal year thereafter,
for the costs of the ombudsman.
(d) Reporting Requirement.--The President shall submit to
the appropriate congressional committees an annual report on
the community adjustment and investment program (if any) that
is carried out pursuant to this section. Each report shall
state the amount of the loans made or guaranteed during the 12-
month period ending on the day before the date of the report.
SEC. 544.\5\ DEFINITION.
For purposes of this part, the term ``Border Environment
Cooperation Agreement'' (referred to in this part as the
``Cooperation Agreement'') means the November 1993 Agreement
Between the Government of the United States of America and the
Government of the United Mexican States Concerning the
Establishment of a Border Environment Cooperation Commission
and a North American Development Bank.
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\5\ 22 U.S.C. 290m-3.
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SEC. 545.\6\ AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER
ENVIRONMENT COOPERATION AGREEMENT.
The President may agree to amendments to the Cooperation
Agreement that--
(1) enable the Bank to make grants and nonmarket rate
loans out of its paid-in capital resources with the
approval of its Board; and
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\6\ 22 U.S.C. 290m-4. Sec. 1(a) of Public Law 108-215 (118 Stat.
579) added sec. 545.
---------------------------------------------------------------------------
(2) amend the definition of ``border region'' to
include the area in the United States that is within
100 kilometers of the international boundary between
the United States and Mexico, and the area in Mexico
that is within 300 kilometers of the international
boundary between the United States and Mexico.
SEC. 546.\7\ GRANTS OUT OF PAID-IN CAPITAL RESOURCES.
(a) In General.--The President shall instruct the United
States Federal Government representatives on the Board of
Directors of the North American Development Bank to oppose any
proposal where grants out of the Bank's paid-in capital
resources, except for grants from paid-in capital authorized
for the community adjustment and investment program under the
Bank's charter of 1993, would--
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\7\ 22 U.S.C. 290m-5. Sec. 1(b) of Public Law 108-215 (118 Stat.
579) added sec. 546.
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(1) be made to a project that is not being financed,
in part, by loans; or
(2) account for more than 50 percent of the financing
of any individual project.
(b) Exception.--
(1) General rule.--The requirements of subsection (a)
shall not apply in cases where--
(A) the President determines there are
exceptional economic circumstances for making
the grant and consults with the Committee on
Foreign Relations of the Senate and the
Committee on Financial Services of the House of
Representatives; or
(B)(i) the grant is being made for a project
that is so small that obtaining a loan is
impractical; and
(ii) the grant does not exceed $250,000.
(2) Limitation.--Not more than an aggregate of
$5,000,000 in grants may be made under this subsection.
* * * * * * *
(2) North American Development Bank Amendments
Partial text of Public Law 108-215 [H.R. 254], 118 Stat. 579, approved
April 5, 2004
AN ACT to authorize the President of the United States to agree to
certain amendments to the Agreement between the Government of the
United States of America and the Government of the United Mexican
States concerning the establishment of a Border Environment Cooperation
Commission and a North American Development Bank, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER
ENVIRONMENT COOPERATION AGREEMENT; GRANT AUTHORITY.
(a) Amendment Authority.--Part 2 of subtitle D of title V
of Public Law 103-182 (22 U.S.C. 290m-290m-3) is amended by
adding at the end the following: * * * \1\
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\1\ Subsec. (a) added sec. 545 to the North American Development
Bank Act; subsec. (b) added sec. 546 to that Act; see page 118.
---------------------------------------------------------------------------
(b) Grant Authority.--* * *
(c) Clerical Amendment.--* * *
SEC. 2.\2\ ANNUAL REPORT.
The Secretary of the Treasury shall submit annually to the
Committee on Financial Services of the House of Representatives
and the Committee on Foreign Relations of the Senate a written
report on the North American Development Bank, which addresses
the following issues:
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\2\ 22 U.S.C. 290m-6.
---------------------------------------------------------------------------
(1) The number and description of the projects that
the North American Development Bank has approved. The
description shall include the level of market-rate
loans, non-market-rate loans, and grants used in an
approved project, and a description of whether an
approved project is located within 100 kilometers of
the international boundary between the United States
and Mexico or within 300 kilometers of the
international boundary between the United States and
Mexico.
(2) The number and description of the approved
projects in which money has been dispersed.
(3) The number and description of the projects which
have been certified by the Border Environment
Cooperation Commission, but yet not financed by the
North American Development Bank, and the reasons that
the projects have not yet been financed.
(4) The total of the paid-in capital, callable
capital, and retained earnings of the North American
Development Bank, and the uses of such amounts.
(5) A description of any efforts and discussions
between the United States and Mexican governments to
expand the type of projects which the North American
Development Bank finances beyond environmental
projects.
(6) A description of any efforts and discussions
between the United States and Mexican governments to
improve the effectiveness of the North American
Development Bank.
(7) The number and description of projects authorized
under the Water Conservation Investment Fund of the
North American Development Bank.
SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION
FOR TEXAS IRRIGATORS AND AGRICULTURAL PRODUCERS IN
THE LOWER RIO GRANDE RIVER VALLEY.
(a) Findings.--The Congress finds that--
(1) Texas irrigators and agricultural producers are
suffering enormous hardships in the lower Rio Grande
River valley because of Mexico's failure to abide by
the 1944 Water Treaty entered into by the United States
and Mexico;
(2) over the last 10 years, Mexico has accumulated a
1,500,000-acre fee water debt to the United States
which has resulted in a very minimal and inadequate
irrigation water supply in Texas;
(3) recent studies by Texas A&M University show that
water savings of 30 percent or more can be achieved by
improvements in irrigation system infrastructure such
as canal lining and metering;
(4) on August 20, 2002, the Board of the North
American Development Bank agreed to the creation in the
Bank of a Water Conservation Investment Fund, as
required by Minute 308 to the 1944 Water Treaty, which
was an agreement signed by the United States and Mexico
on June 28, 2002; and
(5) the Water Conservation Investment Fund of the
North American Development Bank stated that up to
$80,000,000 would be available for grant financing of
water conservation projects, which grant funds would be
divided equally between the United States and Mexico.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) water conservation projects are eligible for
funding from the North American Development Bank under
the Agreement Between the Government of the United
States of America and the Government of the United
Mexican States Concerning the Establishment of a Border
Environment Cooperation Commission and a North American
Development Bank; and
(2) the Board of the North American Development Bank
should support qualified water conservation projects
which can assist Texas irrigators and agricultural
producers in the lower Rio Grande River Valley.
SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION
IN THE SOUTHERN CALIFORNIA AREA.
It is the sense of the Congress that the Board of the North
American Development Bank should support--
(1) the development of qualified water conservation
projects in southern California and other eligible
areas in the 4 United States border States, including
the conjunctive use and storage of surface and ground
water, delivery system conservation, the re-regulation
of reservoirs, improved irrigation practices,
wastewater reclamation, regional water management
modeling, operational and optimization studies to
improve water conservation, and cross-border water
exchanges consistent with treaties; and
(2) new water supply research and projects along the
Mexico border in southern California and other eligible
areas in the 4 United States border States to
desalinate ocean seawater and brackish surface and
groundwater, and dispose of or manage the brines
resulting from desalination.
SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
NADBANK PROJECTS FOR WHICH FINANCE WATER
CONSERVATION OR IRRIGATORS AND AGRICULTURAL
PRODUCERS IN THE SOUTHWEST UNITED STATES.
(a) Findings.--The Congress finds as follows:
(1) Irrigators and agricultural producers are
suffering enormous hardships in the southwest United
States. The border States of California, Arizona, New
Mexico, and Texas are suffering from one of the worst
droughts in history. In Arizona, this is the second
driest period in recorded history and the worst since
1904.
(2) In spite of decades of water conservation in the
southwest United States, irrigated agriculture uses
more than 60 percent of surface and ground water.
(3) The most inadequate water supplies in the United
States are in the Southwest, including the lower
Colorado River basin and the Great Plains River basins
south of the Platte River. In these areas, 70 percent
of the water taken from the stream is not returned.
(4) The amount of water being pumped out of
groundwater sources in many areas is greater than the
amount being replenished, thus depleting the
groundwater supply.
(5) On August 20, 2002, the Board of the North
American Development Bank agreed to the creation in the
bank of a Water Conservation Investment Fund.
(6) The Water Conservation Investment Fund of the
North American Development Bank stated that up to
$80,000,000 would be available for grant financing of
water conservation projects, which grant funds would be
divided equally between the United States and Mexico.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) water conservation projects are eligible for
funding from the North American Development Bank under
the Agreement Between the Government of the United
States of America and the Government of the United
Mexican States Concerning the Establishment of a Border
Environment Cooperation Commission and a North American
Development Bank;
(2) the Board of the North American Development Bank
should support qualified water conservation projects
that can assist irrigators and agricultural producers;
and
(3) the Board of the North American Development Bank
should take into consideration the needs of all of the
border states before approving funding for water
projects, and strive to fund water conservation
projects in each of the border states.
SEC. 6. SENSE OF THE CONGRESS REGARDING FINANCING OF PROJECTS.
(a) In General.--It is the sense of the Congress that the
Board of the North American Development Bank should support the
financing of projects, on both sides of the international
boundary between the United States and Mexico, that address
coastal and the problem of pollution in both countries having
an environmental impact along the Pacific Ocean and Gulf of
Mexico shores of the United States and Mexico.
(b) Air Pollution.--It is the sense of the Congress that
the Board of the North American Development Bank should support
the financing of projects, on both sides of the international
boundary between the United States and Mexico, which address
air pollution.
h. Bank for Economic Cooperation and Development in the Middle East and
North Africa Act
Title VII of sec. 101(c) of Public Law 104-208 [Omnibus Consolidated
Appropriations Act for Fiscal Year 1997; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
TITLE VII--MIDDLE EAST DEVELOPMENT BANK
SEC. 701.\1\ SHORT TITLE.
This title may be cited as the ``Bank for Economic
Cooperation and Development in the Middle East and North Africa
Act.''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 290o note.
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SEC. 702.\2\ ACCEPTANCE OF MEMBERSHIP.
The President is hereby authorized to accept membership for
the United States in the Bank for Economic Cooperation and
Development in the Middle East and North Africa (in this title
referred to as the ``Bank'') provided for by the agreement
establishing the Bank (in this title referred to as the
``Agreement''), signed on May 31, 1996.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 290o.
---------------------------------------------------------------------------
SEC. 703.\3\ GOVERNOR AND ALTERNATE GOVERNOR.
(a) Appointment.--At the inaugural meeting of the Board of
Governors of the Bank, the Governor and the alternate for the
Governor of the International Bank for Reconstruction and
Development, appointed pursuant to section 3 of the Bretton
Woods Agreements Act, shall serve ex-officio as a Governor and
the alternate for the Governor, respectively, of the Bank. The
President, by and with the advice and consent of the Senate,
shall appoint a Governor of the Bank and an alternate for the
Governor.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 290o-1.
---------------------------------------------------------------------------
(b) Compensation.--Any person who serves as a Governor of
the Bank or as an alternate for the Governor may not receive
any salary or other compensation from the United States by
reason of such service.
SEC. 704.\4\ APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON WOODS
AGREEMENTS ACT.
Section 4 of the Bretton Woods Agreements Act shall apply
to the Bank in the same manner in which such section applies to
the International Bank for Reconstruction and Development and
the International Monetary Fund.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 290o-2.
---------------------------------------------------------------------------
SEC. 705.\5\ FEDERAL RESERVE BANKS AS DEPOSITORIES.
Any Federal Reserve Bank which is requested to do so by the
Bank may act as its depository, or as its fiscal agent, and the
Board of Governors of the Federal Reserve System shall exercise
general supervision over the carrying out of these functions.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 290o-3.
---------------------------------------------------------------------------
SEC. 706.\6\ SUBSCRIPTION OF STOCK.
(a) Subscription Authority.--
---------------------------------------------------------------------------
\6\ 22 U.S.C. 290o-4.
---------------------------------------------------------------------------
(1) In general.--The Secretary of the Treasury may
subscribe on behalf of the United States to not more
than 7,011,270 shares of the capital stock of the Bank.
(2) Effectiveness of subscription commitment.--Any
commitment to make such subscription shall be effective
only to such extent or in such amounts as are provided
for in advance by appropriations Acts.
(b) Limitations on Authorization of Appropriations.--For
payment by the Secretary of the Treasury of the subscription of
the United States for shares described in subsection (a), there
are authorized to be appropriated $1,050,007,800 without fiscal
year limitation.
(c) Limitations on Obligation of Appropriated Amounts for
Shares of Capital Stock.--
(1) Paid-in capital stock.--
(A) In general.--Not more than $105,000,000
of the amounts appropriated pursuant to
subsection (b) may be obligated for
subscription to shares of paid-in capital
stock.
(B) Fiscal year 1997.--Not more than
$52,500,000 of the amounts appropriated
pursuant to subsection (b) for fiscal year 1997
may be obligated for subscription to shares of
paid-in capital stock.
(2) Callable capital stock.--Not more than
$787,505,852 of the amounts appropriated pursuant to
subsection (b) may be obligated for subscription to
shares of callable capital stock.
(d) Disposition of Net Income Distributions by the Bank.--
Any payment made to the United States by the Bank as a
distribution of net income shall be covered into the Treasury
as a miscellaneous receipt.
SEC. 707.\7\ JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR AGAINST THE
BANK.
(a) Jurisdiction.--The United States district courts shall
have original and exclusive jurisdiction of any civil action
brought in the United States by or against the Bank.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 290o-5.
---------------------------------------------------------------------------
(b) Venue.--For purposes of section 1391(b) of title 28,
United States Code, the Bank shall be deemed to be a resident
of the judicial district in which the principal office of the
Bank in the United States, or its agent appointed for the
purpose of accepting service or notice of service, is located.
SEC. 708.\8\ EFFECTIVENESS OF AGREEMENT.
The Agreement shall have full force and effect in the
United States, its territories and possessions, and the
Commonwealth of Puerto Rico, upon acceptance of membership by
the United States in the Bank and the entry into force of the
Agreement.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 290o-6.
---------------------------------------------------------------------------
SEC. 709.\9\ EXEMPTION FROM SECURITIES LAWS FOR CERTAIN SECURITIES
ISSUED BY THE BANK; REPORTS REQUIRED.
(a) Exemption from Securities Laws; Reports to Securities
and Exchange Commission.--Any securities issued by the Bank
(including any guaranty by the Bank, whether or not limited in
scope) in connection with borrowing of funds, or the guarantee
of securities as to both principal and interest, shall be
deemed to be exempted securities within the meaning of section
3(a)(2) of the Securities Act of 1933 and section 3(a)(12) of
the Securities Exchange Act of 1934. The Bank shall file with
the Securities and Exchange Commission such annual and other
reports with regard to such securities as the Commission shall
determine to be appropriate in view of the special character of
the Bank and its operations and necessary in the public
interest or for the protection of investors.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 290o-7.
---------------------------------------------------------------------------
(b) Authority of Securities and Exchange Commission to
Suspend Exemption; Reports to the Congress.--The Securities and
Exchange Commission, acting in consultation with such agency or
officer as the President shall designate, may suspend the
provisions of subsection (a) at any time as to any or all
securities issued or guaranteed by the Bank during the period
of such suspension. The Commission shall include in its annual
reports to the Congress such information as it shall deem
advisable with regard to the operations and effect of this
section.
SEC. 710. TECHNICAL AMENDMENTS.
(a) Annual Report Required on Participation of the United
States in the Bank.--Section 1701(c)(2) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(2)) is amended by
inserting ``Bank for Economic Cooperation and Development in
the Middle East and North Africa,'' after ``Inter-American
Development Bank''.
(b) Exemption from Limitations and Restrictions on Power of
National, Banking Associations To Deal in and Underwrite
Investment Securities of the Bank.--The seventh sentence of
paragraph 7 of section 5136 of the Revised Statutes of the
United States (12 U.S.C. 24) is amended by inserting ``Bank for
Economic Cooperation and Development in the Middle East and
North Africa,'' after ``the Inter-American Development Bank''.
(c) Benefits for United States Citizen-Representatives to
the Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2)
is amended by inserting ``the Bank for Economic Cooperation and
Development in the Middle East and North Africa,'' after ``the
Inter-American Development Bank,''.
2. Authorization for Increased U.S. Participation
a. International Development and Finance Act of 1989
Partial text of Public Law 101-240 [H.R. 2494], 103 Stat. 2492,
approved December 19, 1989
Note.--This Act consists largely of amendments to
Public Laws governing international financial
institutions. Such amendments have been incorporated
into those Public Laws at the appropriate places.
AN ACT To reauthorize the Export-Import Bank tied aid credit fund and
pilot interest subsidy program, to provide for the participation of the
United States in a replenishment of the Inter-American Development Bank
and in the Enhanced Structural Adjustment Facility of the International
Monetary Fund, to improve the safety and soundness of the United States
banking system and encourage the reduction of the debt burdens of the
highly indebted countries, to encourage the multilateral development
banks to engage in environmentally sustainable lending practices and
give greater priority to poverty alleviation, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``International Development and Finance Act of 1989''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
TITLE I--EXPORT-IMPORT BANK ACT AMENDMENTS
SEC. 101. EXPORT-IMPORT BANK ACT AMENDMENTS. * * *
(e) Report With Respect to Loan Loss Reserves.--Before the
end of the 6-month period beginning on the date of the
enactment of this section, the Export-Import Bank of the United
States shall submit a report to the Congress explaining why the
Bank has not established a loan loss reserve. In preparing such
report, the Bank shall--
(1) determine if the establishment of a loan loss
reserve would result in the unproductive
characterization of the creditworthiness of certain
types of borrowers;
(2) consult with the appropriate Executive branch
entities to determine the budgeting and financial
management implications of establishing a loan loss
reserve;
(3) review whether, and the extent to which similar
bilateral and multilateral lending institutions make
provision against loan losses; and
(4) report on the steps needed to return the Bank to
profitability.
* * * * * * *
SEC. 103.\2\ EXPORT-IMPORT PROGRAMS TO THE PEOPLE'S REPUBLIC OF CHINA
PROHIBITED UNLESS CERTAIN CONDITIONS ARE MET.
(a) Notwithstanding any other provision of law and subject to
the provisions of subsections (b) and (c), the Export-Import
Bank of the United States shall not finance any trade with, nor
extend any loan, credit, credit guarantee, insurance or
reinsurance to the People's Republic of China.
---------------------------------------------------------------------------
\2\ 12 U.S.C. 635 note.
---------------------------------------------------------------------------
(b) The prohibitions described in subsection (a) of this
section shall not apply to food or agricultural commodities.
(c) The President may waive the prohibitions in subsection
(a) if he makes a report to Congress either--
(1) that the Government of the People's Republic of
China has made progress on a program of political
reform throughout the country, as well as in Tibet,
which includes--
(A) lifting of martial law;
(B) halting of executions and other reprisals
against individuals for the nonviolent
expression of their political beliefs;
(C) release of political prisoners;
(D) increased respect for internationally
recognized human rights, including freedom of
expression, the press, assembly, and
association; and
(E) permitting a freer flow of information,
including an end to the jamming of Voice of
America and greater access for foreign
journalists; or
(2) \3\ it is in the national interest of the United
States to terminate a suspension under subsection (a).
---------------------------------------------------------------------------
\3\ On December 19, 1989 (same date as enactment of this Act), the
President reported to the Speaker of the House of Representatives and
President of the Senate the following:
``Pursuant to the authority vested in me by subsection 103(c)(2) of
the International Development and Finance Act of 1989 (the `Act'), and
as President of the United States, I hereby report that it is in the
national interest of the United States to terminate the suspensions
under subsection 103(a) of the Act of programs of the Export-Import
Bank of the United States for the People's Republic of China. I am
thereby waiving the prohibitions on the Export-Import Bank's financing
any trade with, and on extending any loan, credit, credit guarantee,
insurance or reinsurance to the People's Republic of China as provided
in subsection 103(a).'' [Weekly Compilation of Presidential Documents.
December 25, 1989, vol. 235, no. 51, p. 1973.]
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TITLE II--INTER-AMERICAN DEVELOPMENT BANK \4\
* * * * * * *
---------------------------------------------------------------------------
\4\ Secs. 201 through 204 amended the Inter-American Development
Bank Act.
---------------------------------------------------------------------------
SEC. 205. SENSE OF THE CONGRESS THAT INTER-AMERICAN DEVELOPMENT BANK
LOANS SHOULD REDUCE DEPENDENCE ON ILLICIT
NARCOTICS.
It is the sense of the Congress that, whenever possible and
appropriate, loans made by the Inter-American Development Bank
during the 4-year period beginning on January 1, 1990, should
promote economic development which will reduce the growing
economic dependence on the production and transit of illicit
narcotics in certain borrower countries.
* * * * * * *
TITLE IV--INTERNATIONAL DEBT PROVISIONS \5\
SEC. 401. SHORT TITLE.
This title may be cited as the ``Foreign Debt Reserving Act
of 1989''.
---------------------------------------------------------------------------
\5\ 12 U.S.C. 3901 note.
---------------------------------------------------------------------------
SEC. 402.\6\ ADDITIONAL RESERVE REQUIREMENTS.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\6\ 12 U.S.C. 3904a note.
---------------------------------------------------------------------------
(1) since the adoption of the International Lending
Supervision Act of 1983, the credit quality of loans by
United States banking institutions to highly indebted
countries has deteriorated and the prospects for full
repayment of such loans have diminished;
(2) in general during this period, the level of
country exposure and transfer risk associated with
loans by United States banking institutions to highly
indebted countries has not been adequately reflected in
the reserve levels established by many individual
United States banking institutions or the reserve
requirements imposed by Federal banking agencies
pursuant to such Act;
(3) during the last 3 years and particularly in
recent months, United States banking institutions have
increased their reserves for possible losses from loans
to highly indebted countries but such reserves remain,
in some cases, significantly lower than reserves
established by banking institutions in a number of
foreign countries and may not be adequate to deal with
potential risks; and
(4) in order to fulfill the purposes of such Act, the
Federal banking agencies should take a more active role
in reviewing reserve levels established by United
States banking institutions for potential losses from
loans to highly indebted countries and in requiring
appropriate levels of both special and general reserves
to reflect the increased risk of such loans.
(b) \7\ In General.--* * *
---------------------------------------------------------------------------
\7\ Sec. 402(b) amended the International Lending Supervision Act
of 1983 (12 U.S.C. 3901 et seq.) by inserting a new sec. 905A.
---------------------------------------------------------------------------
SEC. 403. REPORT ON MARK TO MARKET ACCOUNTING.
(a) Report Required.--Before the end of the 90-day period
beginning on the date of the enactment of this section, the
Board of Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation, and the Comptroller of the
Currency shall jointly report to the Committee on Banking,
Finance and Urban Affairs \8\ of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate on the merits of mark to market accounting treatment as
an appropriate accounting treatment for the sovereign debt of
highly indebted countries which is held by United States
commercial banks.
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\8\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
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(b) Contents of Report.--The report required under subsection
(a) shall include--
(1) a discussion of the merits of mark to market
accounting treatment as the appropriate accounting
treatment for the sovereign debt of highly indebted
countries which is held by United States commercial
banks; and
(2) a description of the factors which the Board of
Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation, and the Comptroller of
the Currency will consider in future assessments of the
applicability of mark to market accounting to such
debt.
SEC. 404. STUDY ON ELIMINATION OF CAPITAL FLIGHT.
(a) In General.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International
Monetary Fund to propose that the Fund conduct a study on
multilateral means by which the banking industry might help
reverse capital flight from countries which are engaged in debt
restructuring, including--
(1) the feasibility of disclosing the names of
account holders whose accounts may consist of flight
capital, and the balances of such accounts;
(2) the usefulness of such disclosures in deterring
the creation and maintenance of such accounts, and how
such deterrence would operate or be defeated;
(3) the extent to which any such information is
gathered and to whom such information is made
available;
(4) the receptiveness of such countries to the
disclosure of such information;
(5) the difficulties in, and the cost of, collecting
such information and overcoming legal obstacles used to
disguise the true ownership of such deposits, including
the feasibility of using the threat of confiscatory
penalties to prevent the disguising of the ownership of
deposits;
(6) the usefulness of using taxes as a means to
encourage the repatriation of flight capital; and
(7) the applicability (if any) of efforts to
facilitate the identification, tracing, seizure, and
forfeiture of drug crime proceeds, and to prevent the
use of the banking system and of financial institutions
for the purpose of money laundering.
(b) Flight Capital Defined.--As used in subsection (a), the
term ``flight capital'' means any asset--
(1)(A) which is deposited in a banking institution
for safekeeping or investment purposes; or
(B) for which a financial institution serves as a
conduit, an agent, or a fiduciary in a transaction; and
(2) the owner of which may be a legal resident of a
country other than the country in which the institution
is located.
(c) Report to the Congress.--Not later than the end of the
180-day period beginning on the date of the enactment of this
Act, the Secretary of the Treasury shall submit to the Chairman
of the Committee on Banking, Finance and Urban Affairs \8\ of
the House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on the
actions taken and studies completed as required by subsection
(a).
SEC. 405. FACTORS TO BE TAKEN INTO ACCOUNT IN DEVELOPING UNITED STATES
POLICY TOWARD DEBT REDUCTION FOR CERTAIN HIGHLY
INDEBTED COUNTRIES; REPORT TO THE CONGRESS.
(a) Factors To Be Taken Into Account.--In developing the
policy of the United States Government with respect to debt
reduction for each highly indebted country which has a
substantial share of the export market for 1 or more
agricultural commodities the export market for which the United
States also has a substantial share, the Secretary of the
Treasury shall consider among other factors the effects of such
policy on:
(1) United States exports of such commodities.
(2) The world price of such commodities.
(3) Domestic agricultural production and land
distribution patterns in such country.
(4) The volume of exports from such country of
agricultural commodities the export market for which
such country has a substantial share of.
(5) Basic nutrition levels in such country.
(b) Report to the Congress.--Before the end of the 12-month
period beginning on the date of the enactment of this section,
the Secretary of the Treasury shall submit a report to the
Congress on the potential impact of such policy on such factors
in the highly indebted countries.
(c) Highly Indebted Country Defined.--As used in this
section, the term ``highly indebted country'' means any country
designated as a ``Highly Indebted Country'' in the annual World
Debt Tables most recently published by the International Bank
for Reconstruction and Development before the date of the
enactment of this section.
SEC. 406. SENSE OF THE CONGRESS THAT AGREEMENTS TO REDUCE DEBT BURDEN
SHOULD BE ACCOMPANIED BY TRADE LIBERALIZATION.
(a) Findings.--The Congress finds that--
(1) Third World debtor nations have often been forced
to raise trade barriers in order to accumulate foreign
exchange surpluses to repay debt obligations;
(2) trade flows between such nations and the United
States have lessened due to the debt crisis;
(3) the reduction of trade barriers would benefit the
world economy and promote economic growth; and
(4) the Brady plan encourages debt reduction
agreements on behalf of domestic financial
institutions.
(b) Sense of the Congress.--It is the sense of Congress that
the Secretary of the Treasury should continue to encourage
trade liberalization as an element of economic reform programs.
SEC. 407.\9\ LINKAGE OF DEBT REDUCTION LOANS TO REDUCTION IN DRUG
TRAFFICKING; REPORT TO CONGRESS.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\9\ 22 U.S.C. 2291 note.
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(1) the Brady Initiative is a positive step,
recognizing as it does the need for reducing the debt
and debt service burdens of the indebted developing
countries;
(2) the multilateral development banks should, as
part of this debt reduction process, encourage such
countries to further reform their economies by reducing
their dependence on production and trafficking of
illicit narcotics; and
(3) reduction of debt should relieve some of the
financial burden on these countries, and thereby enable
them to rely on legal income-generating activities.
(b) Instruction of United States Executive Directors.--The
Secretary of the Treasury shall instruct the United States
Executive Director of each multilateral development bank that,
in voting with respect to loans from the multilateral
development bank to reduce the debt and debt burden of
borrowing countries which are major producers, processors,
traffickers, or exporters of illegal drugs to the United
States, the Executive Director shall give preference to those
countries which show marked improvement in reducing the volume
of cultivation, processing, trafficking, and export to the
United States of illegal drugs. In making a determination under
the preceding sentence with respect to a country's improvement,
the Secretary of the Treasury shall consult with the heads of
the relevant agencies.
(c) Report to Congress.--The Secretary of the Treasury shall
include, in the detailed accounting required by section 2018(c)
of the International Narcotics Control Act of 1986 (22 U.S.C.
2191 note), relating to multilateral development bank
assistance for drug eradication and crop substitution programs,
an additional discussion of the steps taken and the progress
made in implementing the goals set forth in subsection (b) of
this section, and further steps needed to secure the
achievement of these goals.
(d) Definitions.--As used in this section--
(1) the term ``multilateral development bank''
includes the International Bank for Reconstruction and
Development, the International Development Association,
the International Finance Corporation, the Inter-
American Development Bank, the Inter-American
Investment Corporation, the Asian Development Bank, the
African Development Bank, and the African Development
Fund; and
(2) the term ``illegal drugs'' means ``narcotic and
psychotropic drugs and other controlled substances'',
as defined in section 481(e)(3) \10\ of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(i)(3)).
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\10\ Formerly read ``section 481(i)(3)''. Sec. 6 of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4932) provided that: ``Any reference in any provision of law
enacted before the date of enactment of this Act to section 481(e) or
481(i) of that Act shall be deemed to be a reference to section 489 or
section 481(e) * * * respectively''.
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TITLE V--ALLEVIATION OF POVERTY; ENVIRONMENTAL PROVISIONS; DEBT-FOR-
DEVELOPMENT SWAPS; CONSOLIDATION OF REPORTING REQUIREMENTS
Subtitle A--Alleviation of Poverty
SEC. 501.\11\ INCREASING THE PRODUCTIVE ECONOMIC PARTICIPATION OF THE
POOR. * * *
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\11\ Sec. 501 amended the International Financial Institutions Act,
redesignating sec. 1613 as sec. 1614 (as added by sec. 206 of this
Act), and adding a new sec. 1613 (22 U.S.C. 262p-5). Sec. 1614 is
further redesignated as sec. 1617 by sec. 512 of this Act, which also
adds new secs. 1614 through 1616.
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Subtitle B--International Debt Exchanges and the Environment
SEC. 511. SENSE OF THE CONGRESS RESOLUTION REGARDING ENVIRONMENTAL
POLICY AND INTERNATIONAL DEBT EXCHANGES.
It is the sense of the Congress that--
(1) the Secretary of the Treasury should include
support for sustainable development and conservation
projects when providing a framework for negotiating or
facilitating exchanges or reductions of commercial debt
of foreign countries; and
(2) that in assisting or facilitating the reduction
of debt of heavily indebted foreign countries, through
multilateral institutions such as the International
Monetary Fund or the International Bank for
Reconstruction and Development, the Secretary of State
and the Secretary of the Treasury should--
(A) support efforts to provide adequate
resources for sustainable development and
conservation projects as a component of the
restructured commercial bank debt of that
country; and
(B) in providing such support, seek to assure
that--
(i) the host government, or a local
nongovernmental organization acting
with the support of the host
government, has identified conservation
or sustainable development projects it
will target for assistance;
(ii) there will be in place an
organization, either governmental or
nongovernmental, that will have the
commitment to assure the long-term
viability of the project; and
(iii) the allocation of the resources
provided for conservation and
sustainable development projects
through the debt restructuring
agreement is done in a manner that will
not overwhelm or distort economic
conditions in the host country.
SEC. 512.\12\ MULTILATERAL DEVELOPMENT BANKS AND DEBT-FOR-NATURE
EXCHANGES. * * *
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\12\ Sec. 512 redesignated sec. 1614 of the International Financial
Institutions Act (as earlier redesignated by sec. 501 of this Act), as
sec. 1617, and inserted new secs. 1614 through 1616.
---------------------------------------------------------------------------
Subtitle C--Environmental Impact Assessments
SEC. 521.\13\ ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED
MULTILATERAL DEVELOPMENT BANK ACTIONS. * * *
---------------------------------------------------------------------------
\13\ Sec. 521 amended title XIII of the International Financial
Institutions Act by adding a new sec. 1308 (22 U.S.C. 262m-7),
redesignated as sec. 1307.
---------------------------------------------------------------------------
Subtitle D--Debt-for-Development Swaps
SEC. 531.\14\ ENCOURAGEMENT OF DEBT-FOR-DEVELOPMENT SWAPS THROUGH LOCAL
CURRENCY REPAYMENT.
(a) Statement of Policy.--It is the sense of the Congress
that--
---------------------------------------------------------------------------
\14\ 12 U.S.C. 3901 note.
---------------------------------------------------------------------------
(1) debt-for-development swaps, where payment is made
in local currency at the free market rate, serve a
useful purpose by providing banking institutions with
constructive opportunities for the reduction of the
external debt of highly indebted developing countries
in a process that involves the participation of
private, nonprofit groups in providing a stimulus to
the economic and social development of such developing
countries;
(2) debt-for-development swaps provide highly
indebted developing countries with a creative method of
reducing external debt burdens, while promoting their
economic growth and restructuring objectives;
(3) banking institutions should give careful
consideration to engaging in such swaps as one means of
strengthening overall loan portfolios through the
reduction of high external debt burdens while expanding
economic opportunities through private sector
initiatives; and
(4) in order to avoid any bias against such swaps in
the regulatory framework applicable to the financial
reporting of banking institutions, where payment is
made in local currency at the free market rate,
appropriate recognition of the fair market exchange
value of the currency so received should be made.
(b) Notification Relating to Local Currency Repayment Through
Debt-for-Development Swaps.--Before the end of the 6-month
period beginning on the date of the enactment of this section,
each appropriate Federal banking agency shall adopt uniform
guidelines that will effectuate the policy set forth in
subsection (a) concerning the regulatory framework and
accounting treatment of debt-for-development swaps involving
repayment in local currency at the free market rate. For the
purpose of such guidelines, the impact of such swaps on
reported loan loss reserves shall be determined by valuing
currency received in such swaps at fair market exchange value.
(c) Definitions.--As used in this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the meaning
given such term in section 903(1) of the International
Lending Supervision Act of 1983.
(2) Banking institution.--The term ``banking
institution'' has the meaning given such term in
section 903(2) of the International Lending Supervision
Act of 1983.
(3) Debt-for-development swap.--The term ``debt-for-
development swap'' has the meaning given such term in
section 1608(b)(2) of the International Financial
Institutions Act.
(4) Highly indebted country.--The term ``highly
indebted country'' means any country designated as a
``Highly Indebted Country'' in the annual World Debt
Tables most recently published by the International
Bank for Reconstruction and Development before the date
of the enactment of this section.
Subtitle E--Consolidation of Certain Reporting Requirements
SEC. 541.\15\ CONSOLIDATION OF CERTAIN REPORTING REQUIREMENTS. * * *
---------------------------------------------------------------------------
\15\ Sec. 541 amended the International Financial Institutions Act
by adding new titles XVII, XVIII, and XIX. As these new titles
consolidate several reporting requirements, sec. 541 also repealed
duplicative requirements in other legislation relating to international
financial institutions.
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TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. SENSE OF THE CONGRESS THAT THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT AND THE
INTERNATIONAL MONETARY FUND SHOULD EXPEDITIOUSLY
ACT UPON LOAN REQUESTS FROM POLAND.
It is the sense of the Congress that, based on the
liberalization of Poland's economic system and the opening of
its economic system to market forces, the Secretary of the
Treasury should instruct the United States Executive Directors
of the International Bank for Reconstruction and Development
and of the International Monetary Fund to urge upon their
colleagues that their respective institutions move as
expeditiously as possible in considering and acting upon loan
requests from, and in disbursing approved loans to, Poland.
SEC. 602. SENSE OF THE CONGRESS SUPPORTING ASSISTANCE BY MULTILATERAL
LENDING INSTITUTIONS TO ESTABLISH FINANCIAL
INSTITUTIONS IN POLAND.
It is the sense of the Congress that the Secretary of the
Treasury should instruct the United States Executive Directors
of the multilateral development banks (as defined in section
1617 of the International Financial Institutions Act), of the
International Finance Corporation, and of the Multilateral
Investment Guarantee Agency to enter into discussions with the
other executive directors of such institutions and, in such
discussions, urge such institutions to consider and act
promptly upon (and, in the case of the Multilateral Investment
Guarantee Agency, after Poland becomes a member country of such
institution) requests by individuals and private businesses in,
and the Government of, Poland for financial and technical
assistance in the establishment of financial institutions
(including institutions such as credit unions, thrift
institutions, and commercial banks) and businesses involved in
the provision of credit and financial services.
SEC. 603. SENSE OF THE CONGRESS RELATING TO CONDITIONAL FINANCIAL
ASSISTANCE BY MULTILATERAL LENDING INSTITUTIONS TO
POLAND.
It is the sense of the Congress that the Secretary of the
Treasury should instruct the United States Executive Directors
of the multilateral development banks (as defined in section
1617 of the International Financial Institutions Act), of the
International Monetary Fund, of the International Finance
Corporation, and of the Multilateral Investment Guarantee
Agency to enter into discussions with the other executive
directors of such institutions and propose that such
institutions not provide financial assistance or debt
forgiveness to Poland until the government of Poland allows and
facilitates privately owned entities established in foreign
countries to invest in private commercial ventures in Poland.
SEC. 604. SENSE OF THE CONGRESS OPPOSING THE MAKING OF CERTAIN LOANS OR
THE EXTENSION OF CERTAIN FINANCIAL AND TECHNICAL
ASSISTANCE TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--The Congress finds that--
(1) the Government of the People's Republic of China
ordered the People's Liberation Army to brutally attack
peaceful demonstrators who had assembled in Tiananmen
Square;
(2) this attack violated the human rights of the
demonstrators;
(3) several thousand innocent and defenseless
protesters were killed in the initial assault;
(4) these violations of human rights have evolved
into a pattern of continuing repression and reprisals
against citizens throughout China as evidenced by the
beating of alleged dissidents, the order to the army to
shoot ``rioters''--the Chinese Government's term for
the peaceful demonstrators--on sight, the mass arrest
of students and workers, the public declarations by
government-controlled media that physicists Fang Lizhi
and Li Shuxian (who are being given refuge in the
United States Embassy in Beijing) are ``guilty'' before
being afforded due process, and the banning of all
independent, unofficial prodemocracy organizations;
(5) the Government of the People's Republic of China
is trying to suppress truthful accounts of the actions
taken in Beijing and throughout the country, by, among
other things, expelling foreign journalists, including
the local bureau chief of the Voice of America, from
the country;
(6) the People's Republic of China has received
almost $8,000,000,000 in development loans from the
International Bank for Reconstruction and Development,
and increasing amounts of assistance from the Asian
Development Bank;
(7) it is morally repugnant that, through such
multilateral development banks, United States taxpayer
dollars are used to support the present policies of the
People's Republic of China;
(8) such development loans cannot be justified on
economic grounds because economic development and
market reforms cannot be achieved in the environment of
repression that now clearly exists there; and
(9) the People's Republic of China is engaging in ``a
pattern of gross violations of internationally
recognized human rights . . . such as flagrant denial
to life, liberty, and the security of person''.
(b) Statement of Policy.--It is the sense of the Congress
that the President should--
(1) instruct the United States Executive Directors of
the International Bank for Reconstruction and
Development and the Asian Development Bank to use their
voices and votes to oppose the making of any loan or
the extension of any financial or technical assistance
to the People's Republic of China, in accordance with
section 701(f) of the International Financial
Institutions Act; and
(2) consider the People's Republic of China to be a
country described in section 701(a)(1) of such Act
until the President determines that the repression and
reprisals against persons in connection with the
prodemocracy demonstrations have ended.
TITLE VII--MISCELLANEOUS
SEC. 701.\16\ SHORT TITLE.
This title may be cited as the ``Global Environmental
Protection Assistance Act of 1989''.
---------------------------------------------------------------------------
\16\ 22 U.S.C. 2151 note.
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PART A--COMMERCIAL DEBT-FOR-NATURE EXCHANGES
SEC. 711.\17\ AMENDMENT TO THE FOREIGN ASSISTANCE ACT. * * *
---------------------------------------------------------------------------
\17\ Sec. 711 added a new chapter 7 to part I of the Foreign
Assistance Act of 1961, titled ``Debt-for-Nature Exchanges''. For text,
see Legislation on Foreign Relations Through 2005, vol. I-A.
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PART B--MULTILATERAL FOREIGN ASSISTANCE COORDINATION
SEC. 721. GENERAL POLICY.
It is the sense of the Congress that the Secretary of State
should seek to develop an increased consideration of global
warming, tropical deforestation, sustainable development, and
biological diversity among the highest goals of bilateral
foreign assistance programs of all countries.
SEC. 722. POLICY ON NEGOTIATIONS.
(a) In General.--The Secretary of State, acting through the
United States representative to the Development Assistance
Committee of the Organization for Economic Coordination and
Development (OECD), should initiate, at the earliest
practicable date, negotiations among member countries on a
coordinated approach to global warming, tropical deforestation,
sustainable development, and biological diversity through
bilateral assistance programs that would include--
(1) increased consideration of the impact of
developmental projects on global warming, tropical
deforestation, and biological diversity;
(2) reduction or elimination of funding for those
projects that exacerbate those problems;
(3) coordinated research and development of projects
that emphasize sustainable use or protection of
tropical forests and support for local conservation
efforts;
(4) expanded use of forgiveness of foreign assistance
debt in exchange for policy changes or programs that
address problems associated with global warming,
tropical deforestation, sustainable development, and
biological diversity;
(5) increased use of foreign assistance funds and
technical assistance in support of local conservation,
restoration, or sustainable development efforts and
debt-for-nature exchanges;
(6) improved exchange of information on energy
efficiency and solar and renewable energy sources, and
a greater emphasis on the use of those sources of
energy in developmental projects; and
(7) increased use of environmental experts in the
field to assess development projects for their impact
on global warming, tropical deforestation, and
biological diversity.
(b) Implementation of Agreement.--Negotiations described in
subsection (a) shall seek to ensure that the recommended
changes are implemented as quickly as possible by member
countries of the Development Assistance Committee.
PART C--TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES \18\
SEC. 731.\19\ DEFINITIONS.
In this part:
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\18\ Sec. 1611 of the Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 1113) added part C, secs. 731 through 739.
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(1) Carbon sequestration.--The term ``carbon
sequestration'' means the capture of carbon dioxide
through terrestrial, geological, biological, or other
means, which prevents the release of carbon dioxide
into the atmosphere.
---------------------------------------------------------------------------
\19\ 22 U.S.C. 7901. Sec. 1611 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1113) added sec. 731.
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(2) Greenhouse gas.--The term ``greenhouse gas''
means carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride.
(3) Greenhouse gas intensity.--The term ``greenhouse
gas intensity'' means the ratio of greenhouse gas
emissions to economic output.
SEC. 732.\20\ REDUCTION OF GREENHOUSE GAS INTENSITY.
(a) Lead Agency.--
(1) In general.--The Department of State shall act as
the lead agency for integrating into United States
foreign policy the goal of reducing greenhouse gas
intensity in developing countries.
---------------------------------------------------------------------------
\20\ 22 U.S.C. 7902. Sec. 1611 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1113) added sec. 732.
---------------------------------------------------------------------------
(2) Reports.--
(A) Initial report.--Not later than 180 days
after the date of enactment of this part, the
Secretary of State shall submit to the
appropriate authorizing and appropriating
committees of Congress an initial report, based
on the most recent information available to the
Secretary from reliable public sources, that
identifies the 25 developing countries that are
the largest greenhouse gas emitters, including
for each country--
(i) an estimate of the quantity and
types of energy used;
(ii) an estimate of the greenhouse
gas intensity of the energy,
manufacturing, agricultural, and
transportation sectors;
(iii) a description the progress of
any significant projects undertaken to
reduce greenhouse gas intensity;
(iv) a description of the potential
for undertaking projects to reduce
greenhouse gas intensity;
(v) a description of any obstacles to
the reduction of greenhouse gas
intensity; and
(vi) a description of the best
practices learned by the Agency for
International Development from
conducting previous pilot and
demonstration projects to reduce
greenhouse gas intensity.
(B) Update.--Not later than 18 months after
the date on which the initial report is
submitted under subparagraph (A), the Secretary
shall submit to the appropriate authorizing and
appropriating committees of Congress, based on
the best information available to the
Secretary, an update of the information
provided in the initial report.
(C) Use.--
(i) Initial report.--The Secretary of
State shall use the initial report
submitted under subparagraph (A) to
establish baselines for the developing
countries identified in the report with
respect to the information provided
under clauses (i) and (ii) of that
subparagraph.
(ii) Annual reports.--The Secretary
of State shall use the annual reports
prepared under subparagraph (B) and any
other information available to the
Secretary to track the progress of the
developing countries with respect to
reducing greenhouse gas intensity.
(b) Projects.--The Secretary of State, in coordination with
Administrator of the United States Agency for International
Development, shall (directly or through agreements with the
World Bank, the International Monetary Fund, the Overseas
Private Investment Corporation, and other development
institutions) provide assistance to developing countries
specifically for projects to reduce greenhouse gas intensity,
including projects to--
(1) leverage, through bilateral agreements, funds for
reduction of greenhouse gas intensity;
(2) increase private investment in projects and
activities to reduce greenhouse gas intensity; and
(3) expedite the deployment of technology to reduce
greenhouse gas intensity.
(c) Focus.--In providing assistance under subsection (b), the
Secretary of State shall focus on--
(1) promoting the rule of law, property rights,
contract protection, and economic freedom; and
(2) increasing capacity, infrastructure, and
training.
(d) Priority.--In providing assistance under subsection (b),
the Secretary of State shall give priority to projects in the
25 developing countries identified in the report submitted
under subsection (a)(2)(A).
SEC. 733.\21\ TECHNOLOGY INVENTORY FOR DEVELOPING COUNTRIES.
(a) In General.--The Secretary of Energy, in coordination
with the Secretary of State and the Secretary of Commerce,
shall conduct an inventory of greenhouse gas intensity reducing
technologies that are developed, or under development in the
United States, to identify technologies that are suitable for
transfer to, deployment in, and commercialization in the
developing countries identified in the report submitted under
section 732(a)(2)(A).
---------------------------------------------------------------------------
\21\ 22 U.S.C. 7903. Sec. 1611 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1113) added sec. 733.
---------------------------------------------------------------------------
(b) Report.--Not later than 180 days after the completion of
the inventory under subsection (a), the Secretary of State and
the Secretary of Energy shall jointly submit to Congress a
report that--
(1) includes the results of the completed inventory;
(2) identifies obstacles to the transfer, deployment,
and commercialization of the inventoried technologies;
(3) includes results from previous Federal reports
related to the inventoried technologies; and
(4) includes an analysis of market forces related to
the inventoried technologies.
SEC. 734.\22\ TRADE-RELATED BARRIERS TO EXPORT OF GREENHOUSE GAS
INTENSITY REDUCING TECHNOLOGIES.
(a) In General.--Not later than 1 year after the date of
enactment of this part, the United States Trade Representative
shall (as appropriate and consistent with applicable bilateral,
regional, and mutual trade agreements)--
---------------------------------------------------------------------------
\22\ 22 U.S.C. 7904. Sec. 1611 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1113) added sec. 734.
---------------------------------------------------------------------------
(1) identify trade-relations barriers maintained by
foreign countries to the export of greenhouse gas
intensity reducing technologies and practices from the
United States to the developing countries identified in
the report submitted under section 732(a)(2)(A); and
(2) negotiate with foreign countries for the removal
of those barriers.
(b) Annual Report.--Not later than 1 year after the date on
which a report is submitted under subsection (a)(1) and
annually thereafter, the United States Trade Representative
shall submit to Congress a report that describes any progress
made with respect to removing the barriers identified by the
United States Trade Representative under subsection (a)(1).
SEC. 735.\23\ GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGY EXPORT
INITIATIVE.
(a) In General.--There is established an interagency working
group to carry out a Greenhouse Gas Intensity Reducing
Technology Export Initiative to--
---------------------------------------------------------------------------
\23\ 22 U.S.C. 7905. Sec. 1611 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1113) added sec. 735.
---------------------------------------------------------------------------
(1) promote the export of greenhouse gas intensity
reducing technologies and practices from the United
States;
(2) identify developing countries that should be
designated as priority countries for the purpose of
exporting greenhouse gas intensity reducing
technologies and practices, based on the report
submitted under section 732(a)(2)(A);
(3) identify potential barriers to adoption of
exported greenhouse gas intensity reducing technologies
and practices based on the reports submitted under
section 734; and
(4) identify previous efforts to export energy
technologies to learn best practices.
(b) Composition.--The working group shall be composed of--
(1) the Secretary of State, who shall act as the head
of the working group;
(2) the Administrator of the United States Agency for
International Development;
(3) the United States Trade Representative;
(4) a designee of the Secretary of Energy;
(5) a designee of the Secretary of Commerce; and
(6) a designee of the Administrator of the
Environmental Protection Agency.
(c) Performance Reviews and Reports.--Not later than 180 days
after the date of enactment of this part and each year
thereafter, the interagency working group shall--
(1) conduct a performance review of actions taken and
results achieved by the Federal Government (including
each of the agencies represented on the interagency
working group) to promote the export of greenhouse gas
intensity reducing technologies and practices from the
United States; and
(2) submit to the appropriate authorizing and
appropriating committees of Congress a report that
describes the results of the performance reviews and
evaluates progress in promoting the export of
greenhouse gas intensity reducing technologies and
practices from the United States, including any
recommendations for increasing the export of the
technologies and practices.
SEC. 736.\24\ TECHNOLOGY DEMONSTRATION PROJECTS.
(a) In General.--The Secretary of State, in coordination with
the Secretary of Energy and the Administrator of the United
States Agency for International Development, shall promote the
adoption of technologies and practices that reduce greenhouse
gas intensity in developing countries in accordance with this
section.
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\24\ 22 U.S.C. 7906. Sec. 1611 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1113) added sec. 736.
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(b) Demonstration Projects.--
(1) In general.--The Secretaries and the
Administrator shall plan, coordinate, and carry out, or
provide assistance for the planning, coordination, or
carrying out of, demonstration projects under this
section in at least 10 eligible countries, as
determined by the Secretaries and the Administrator.
(2) Eligibility.--A country shall be eligible for
assistance under this subsection if the Secretaries and
the Administrator determine that the country has
demonstrated a commitment to--
(A) just governance, including--
(i) promoting the rule of law;
(ii) respecting human and civil
rights;
(iii) protecting private property
rights; and
(iv) combating corruption; and
(B) economic freedom, including economic
policies that--
(i) encourage citizens and firms to
participate in global trade and
international capital markets;
(ii) promote private sector growth
and the sustainable management of
natural resources; and
(iii) strengthen market forces in the
economy.
(3) Selection.--In determining which eligible
countries to provide assistance to under paragraph (1),
the Secretaries andthe Administrator shall consider--
(A) the opportunity to reduce greenhouse gas
intensity in the eligible country; and
(B) the opportunity to generate economic
growth in the eligible country.
(4) Types of projects.--Demonstration projects under
this section may include--
(A) coal gasification, coal liquefaction, and
clean coal projects;
(B) carbon sequestration projects;
(C) cogeneration technology initiatives;
(D) renewable projects; and
(E) lower emission transportation.
SEC. 737.\25\ FELLOWSHIP AND EXCHANGE PROGRAMS.
The Secretary of State, in coordination with the Secretary of
Energy, the Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, shall carry out fellowship and
exchange programs under which officials from developing
countries visit the United States to acquire expertise and
knowledge of best practices to reduce greenhouse gas intensity
in their countries.
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\25\ 22 U.S.C. 7907. Sec. 1611 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1113) added sec. 737.
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SEC. 738.\26\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this part.
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\26\ 22 U.S.C. 7908. Sec. 1611 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1113) added sec. 738.
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SEC. 739.\27\ EFFECTIVE DATE.
Except as otherwise provided in this part, this part takes
effect on October 1, 2005.
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\27\ 22 U.S.C. 7901 note. Sec. 1611 of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 1113) added sec. 739.
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TITLE VIII--EFFECTIVE DATE
SEC. 801.\28\ EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect on the date of
the enactment of this Act.
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\28\ 22 U.S.C. 262d note.
b. Providing for U.S. Participation in a Capital Stock Increase for the
International Bank for Reconstruction and Development and Replenishment
of the African Development Fund
Partial text of H.R. 4645 as passed by the House on September 28, 1988,
and enacted into law by sec. 555 of Public Law 100-461 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988
A BILL To provide for participation by the United States in a capital
stock increase of the International Bank for Reconstruction and
Development and a replenishment of the African Development Fund, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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\1\ Sec. 1 amended the Bretton Woods Agreements Act (22 U.S.C. 286
et seq.).
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SECTION 1.\1\ * * *
SEC. 2.\2\ * * *
SEC. 3.\3\ POLICY BASED LENDING FOR DEBT REDUCTION.
(a) Criteria.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development to initiate discussions with
other directors of such bank and to advocate and support the
facilitation of voluntary market-based programs for the
reduction of sovereign debt and the promotion of sustainable
economic development, which, if implemented, would--
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\2\ Sec. 2 amended the African Development Fund Act (22 U.S.C. 290g
et seq.).
\3\ 22 U.S.C. 286hh.
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(1) not require any organization or government to
participate in such a program;
(2) result in debt reduction for each participating
country tailored to the particular situation of each
country;
(3) provide assistance to participating countries
conditioned on the implementation of economic reforms,
and the preservation of economic reforms previously
implemented, by the country that are consistent with
the principles of sustainable development;
(4) encourage participating countries to make
economic adjustments steadily and over a period of time
in order to achieve policy reform;
(5) use debt reduction techniques that would not
compensate commercial banks for the reduction in the
value of such debt, but would serve as a catalyst for
new lending;
(6) involve such bank in lending for purposes of debt
reduction and conversion only where such involvement
would not lower the credit rating of such bank;
(7) not require public sector funding beyond that
provided through any capital increase for such bank,
and any replenishment for the International Development
Association, which is agreed to by the member countries
of such institutions; and
(8) accomplish debt reduction, not as an end, but as
a means to greater growth and investment in, and the
restoration of voluntary private lending to,
participating countries for environmentally and
economically sustainable development.
(b) Policy Based Lending for Debt Reduction and Sustainable
Growth.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development to initiate discussions with
other directors of such bank and to propose that policy based
loans be made by such bank for, among other reasons,
facilitating a reduction in the debt service burden of any
country which is participating in a voluntary market-based
program for debt reduction described in subsection (c).
(c) Voluntary Market-Based Program for Debt Reduction and
Sustainable Growth.--In connection with the discussions
initiated pursuant to subsection (b), The Secretary shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development to
propose that a country be considered to be participating in a
voluntary market-based program of debt reduction for purposes
of subsection (b) if the creditors of such country agree to
significantly reduce the debt service of such country through
forgiveness of a percentage of the interest owed by such
country on any sovereign debt or through any other means.
(d) Reports.--Not later than March 1, 1989, March 1, 1991,
and March 1, 1993, respectively, the Secretary of the Treasury
shall submit to the Committee on Banking, Finance and Urban
Affairs \4\ of the House of Representatives and the Committee
on Foreign Relations of the Senate 3 reports each of which--
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\4\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
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(1) describes the long term strategy and lending
programs of the International Bank for Reconstruction
and Development for reducing and managing the debt
burden of the countries designated as ``Highly Indebted
Countries'' in the 1987-1988 World Debt Tables
published by such bank, and summarize the long term
strategy and lending programs of such bank for other
seriously indebted countries;
(2) contains an explanation of the measures taken by
such bank to facilitate the reduction of the debt
burden of the countries designated as ``Highly Indebted
Countries'' in the 1987-1988 World Debt Tables
published by such bank;
(3) describes the extent (if any) to which such bank
has implemented the measures described in subsections
(b) and (c); and
(4) describes the success each of such countries has
had in managing and reducing their debt burdens and
achieving sustainable and equitable economic growth as
measured by criteria including the ratio of debt
service to exports, the ratio of debt to gross national
product, net resource flows, and per capita income.
(e) Review by House Banking Committee.--On receipt of each
report required to be submitted pursuant to subsection (d), and
after consultation with the Secretary of the Treasury, the
Committee on Banking, Finance and Urban Affairs \4\ of the
House of Representatives shall forward such report to the
Committee on Appropriations of the House of Representatives
with an assessment by the Committee on Banking, Finance and
Urban Affairs \4\ describing the effect on the international
debt situation of funding the subscription of the United States
to the shares of capital stock of the International Bank for
Reconstruction and Development due for payment by the United
States in the then next fiscal year.
SEC. 4.\5\ LIMITATIONS ON WORLD BANK POLICY BASED LENDING; ACTIONS
REQUIRED TO BE TAKEN TO OPPOSE EXCESSIVE POLICY
BASED LENDING BY WORLD BANK.
The Secretary of the Treasury shall--
---------------------------------------------------------------------------
\5\ 22 U.S.C. 286ii.
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(1) take all necessary steps to encourage the
International Bank for Reconstruction and Development
to limit--
(A) the aggregate value of the policy based
loans made by such bank (other than for the
purpose described in section 3(b)) in any
fiscal year of such bank beginning after June
30, 1989, to 25 percent of the aggregate value
of all loans made by such bank in such fiscal
year; and
(B) the aggregate value of the policy based
loans made by such bank to the government of a
particular country (other than for the purpose
described in section 3(b)) in any fiscal year
of such bank beginning after June 30, 1989, and
occurring during any period of 3 consecutive
fiscal years of such bank (determined after
disregarding any such fiscal year in which such
bank did not make a policy based loan to such
government), to 50 percent of the aggregate
value of all loans made by such bank to such
government during such 3-year period;
(2) instruct the United States Executive Director of
such bank to propose and actively seek the adoption by
the board of Executive Directors of such bank of a
resolution establishing as official bank operating
policy for fiscal years 1990 through 1995 of such bank
the limits specified in paragraph (1); and
(3) until the resolution described in paragraph (2)
is adopted, undertake, in consultation with the
Secretary of State, discussions with other member
country governments to secure the consent and
cooperation of such governments with respect to the
adoption of the limits specified in paragraph (1).
SEC. 5.\6\ PARTIAL GUARANTEES IN CONNECTION WITH DEBT REDUCTION FOR
BORROWER COUNTRIES.
The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development to initiate discussion with
other directors of such bank and to propose that such bank
establish criteria under which such bank would provide partial
guarantees on debt service payments by borrower countries to
private creditors when such guarantees would serve a catalytic
role in facilitating final agreement on financing packages
which involve significant debt reduction.
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\6\ 22 U.S.C. 286jj.
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* * * * * * *
SEC. 12. SENSE OF CONGRESS REGARDING IMPROVING ACCESS OF SMALL
BUSINESSES TO WORLD BANK PROCUREMENT.
It is the sense of the Congress that the Secretary of the
Treasury should--
(1) attach a high priority to facilitating the
efforts of small businesses to gain access to the
process for bidding on contracts offered by the
International Bank for Reconstruction and Development
for--
(A) the procurement of goods and services
associated with projects financed by such bank;
and
(B) consulting services required in the
operation of such bank;
(2) coordinate the efforts of the Department of the
Treasury with the efforts of other appropriate agencies
of the United States Government, particularly with
regard to the dissemination of information on specific
opportunities offered by such bank to assist small
businesses located in the United States; and
(3) encourage the United States Executive Director of
such bank to work with the management of such bank in
developing programs within such bank designed to
improve opportunities for small businesses located in
member countries of such bank to bid successfully for
contracts described in paragraph (1).
* * * * * * *
c. Providing for Increased Participation by the United States in the
Inter-American Development Bank, the Asian Development Bank, and the
African Development Fund
Partial text of Public Law 96-259 [S. 662], 94 Stat. 429, approved June
3, 1980; as amended by Public Law 97-375 [Congressional Reports
Elimination Act of 1982; H.R. 6005], 99 Stat. 1821, approved December
21, 1982; and Public Law 101-240 [International Development and Finance
Act of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989
AN ACT To provide for increased participation by the United States in
the Inter-American Development Bank, the Asian Development Bank, and
the African Development Fund.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Note.--Except for the provisions included below, this
Act consisted of amendments to the Inter-American
Development Bank Act, the Asian Development Bank Act,
the African Development Fund Act, and the Act of
October 3, 1977. These amendments have been
incorporated at the appropriate places.
* * * * * * *
TITLE VI--USE OF RENEWABLE RESOURCES FOR ENERGY PRODUCTION
Sec. 601.\1\ The Congress finds that--
---------------------------------------------------------------------------
\1\ 22 U.S.C. 262j note.
---------------------------------------------------------------------------
(1) without an adequate supply of energy at
affordable prices the world's poor will continue to be
deprived of jobs, food, water, shelter, and clothing,
and poor countries will continue to be economically and
politically unstable;
(2) dependence on increasingly expensive fossil fuel
resources consumes too much of the capital available to
poor countries with the result that funds are not
available to meet the basic needs of poor people;
(3) in many developing countries the cost of large
central generators and long distance electrical
distribution makes it unlikely that rural energy by
means of a national grid will contribute to meeting the
needs of poor people;
(4) only one of eight rural inhabitants lives in an
area which has access to electricity and even fewer
rural inhabitants actually have or can afford
electricity;
(5) wood, animal and agricultural waste, and other
``noncommercial'' fuels still supply about half the
total energy in developing countries and all but a
seventh in rural sectors;
(6) growing dependence of the world's poor on wood
for heating and cooking has forced the overcutting of
forests and as a consequence erosion and loss of
available agricultural land; and
(7) recent initiatives by the international financial
institution to develop and utilize decentralized solar,
hydro, biomass, geothermal, and wind energy should be
significantly expanded to make renewable energy
resources increasingly available to the world's poor on
a wide scale.
Sec. 602.\2\ (a) The United States Government, in
connection with its voice and vote in the Inter-American
Development Bank, the African Development Fund, and the Asian
Development Bank, shall encourage such institutions--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 262j.
---------------------------------------------------------------------------
(1) to promote the decentralized production of
renewable energy;
(2) to identify renewable resources to produce energy
in rural development projects and determine the
feasibility of substituting them for systems using
fossil fuel;
(3) to train personnel in developing technologies for
getting energy from renewable resources;
(4) to support research into the use of renewable
resources, including hydropower, biomass, solar
photovoltaic, and solar thermal;
(5) to support an information network to make
available to policymakers the full range of energy
choices;
(6) to broaden their energy planning, analyses, and
assessments to include consideration of the supply of,
demand for, and possible uses of renewable resources;
and
(7) to coordinate with the Agency for International
Development and other aid organizations in supporting
effective rural energy programs.
(b) For purposes of this section, the term ``renewable
resource'' means an energy resource which--
(1) meets the needs of rural communities;
(2) saves capital without wasting labor;
(3) is modest in scale and simple to install and
maintain and which can be managed by local individuals;
(4) is acceptable and affordable; and
(5) does not damage the environment.
(c) \3\ * * * [Repealed--1982]
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\3\ Public Law 97-375 (99 Stat. 1821) repealed sec. 602(c), which
previously read as follows:
``(c) The Secretary of the Treasury, in consultation with the
Director of the United States International Development Cooperation
Agency, shall report to the Congress not later than six months after
the date of enactment of this Act and annually thereafter on the
progress toward achieving the goals set forth in this title.''.
3. Other Legislation Relating to International Financial Institutions
a. International Financial Institutions Act
Partial text of Public Law 95-118 [H.R. 5262], 91 Stat. 1067, approved
October 3, 1977; as amended by Public Law 96-259 [S. 662], 94 Stat. 429
at 431, approved June 3, 1980; Public Law 97-35 [H.R. 3982], 95 Stat.
357 at 743 and 745, approved August 13, 1981; Public Law 97-375
[Congressional Reports Elimination Act of 1982; H.R. 6005], 96 Stat.
1819 at 1826, approved December 21, 1982; Public Law 98-181
[Supplemental Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at
1286, approved November 30, 1983; Public Law 100-202 [Continuing
Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December
22, 1987; H.R. 4645 as passed by the House on September 28, 1988, and
enacted into law by Public Law 100-461 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989; H.R. 4637],
102 Stat. 2268, approved October 1, 1988; Public Law 101-240
[International Development and Finance Act; H.R. 2494], 103 Stat. 2492,
approved December 19, 1989; Public Law 101-513 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1991; H.R.
5114], 104 Stat. 1979, approved November 5, 1990; Public Law 102-511
[FREEDOM Support Act, S. 2532], 106 Stat. 3320, approved October 24,
1992; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; H.R. 2333], 107 Stat. 382, approved April 30,
1994; Public Law 103-306 [Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1995; H.R. 4426], 108 Stat. 1608,
approved August 23, 1994; Public Law 104-132 [Antiterrorism and
Effective Death Penalty Act of 1996; S. 735], 110 Stat. 1214, approved
April 24, 1996; Public Law 104-188 [Small Business Job Protection Act;
H.R. 3448], 110 Stat. 1755, approved August 20, 1996; Public Law 104-
208 [Omnibus Consolidated Appropriations Act for Fiscal Year 1997; H.R.
3610], 110 Stat. 3009, approved September 30, 1996; Public Law 105-118
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998; H.R. 2159], 111 Stat. 2386, approved November
26, 1997; Public Law 105-277 [Omnibus Consolidated Appropriations Act
for Fiscal Year 1999; H.R. 4328], 112 Stat. 2681, approved October 21,
1998; Public Law 105-292 [International Religious Freedom Act of 1998;
H.R. 2431] 112 Stat. 2787, approved October 27, 1998; Public Law 106-31
[1999 Emergency Supplemental Appropriations Act; H.R. 1141] 113 Stat
57, approved May 21, 1999; Public Law 106-36 [Miscellaneous Trade and
Technical Corrections Act of 1999, H.R. 435], 113 Stat. 127, approved
June 15, 1999; Public Law 106-113 [Fiscal Year 2000 Consolidated
Appropriations Act; H.R. 3194], 113 Stat. 1501, approved November 29,
1999; Public Law 106-200 [Trade and Development Act of 2000, H.R. 434],
approved May 18, 2000; Public Law 106-429 [Foreign Operations, Export
Financing and Related Programs Appropriations Act, 2001; H.R. 4811],
114 Stat. 1900, approved November 6, 2000; Public Law 108-25 [United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003; H.R. 1298], 117 Stat. 747, approved May 27, 2003; Public Law 108-
447 [Foreign Operations, Export Financing and Related Programs
Appropriations Act, 2005; division D of the Consolidated Appropriations
Act, 2005; H.R. 4818], 118 Stat. 3037, approved December 8, 2004;
Public Law 108-458 [9/11 Commission Implementation Act of 2004; S.
2845], 118 Stat. 3860, approved December 17, 2004; and Public Law 109-
102 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2241, approved November
14, 2005
Note.--Except for the provisions noted below, this
Act consists of amendments to the Bretton Woods
Agreements Act, International Finance Corporation Act,
International Development Association Act, Asian
Development Bank Act, African Development Fund Act, and
the Inter-American Development Bank Act.
AN ACT To provide for increased participation by the United States in
the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Asian Development Bank and the Asian Development Fund,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1.\1\ This Act may be cited as the International
Financial Institutions Act.
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\1\ Sec. 1361(a) of Public Law 97-35 (95 Stat. 745) added sec. 1.
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TITLE I--PURPOSE AND POLICY; DECLARATION OF CONGRESSIONAL INTENT IN
RESPECT TO CONTINUED PARTICIPATION OF THE UNITED STATES GOVERNMENT IN
INTERNATIONAL FINANCIAL INSTITUTIONS FOSTERING ECONOMIC DEVELOPMENT IN
LESS DEVELOPED COUNTRIES
Sec. 101.\2\ (a) It is the sense of Congress that--
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\2\ 22 U.S.C. 262c.
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(1) for humanitarian, economic, and political
reasons, it is in the national interest of the United
States to assist in fostering economic development in
the less developed countries of this world;
(2) the development-oriented international financial
institutions have proved themselves capable of playing
a significant role in assisting economic development by
providing to less developed countries access to capital
and technical assistance and soliciting from them
maximum self-help and mutual cooperation;
(3) this has been achieved with minimal risk of
financial loss to contributing countries;
(4) such institutions have proved to be an effective
mechanism for sharing the burden among developed
countries of stimulating economic development in the
less developed world; and
(5) although continued United States participation in
the international financial institutions is an
important part of efforts by the United States to
assist less developed countries, more of this burden
should be shared by other developed countries. As a
step in that direction, in future negotiations, the
United States should work toward aggregate
contributions to future replenishments to international
financial institutions covered by this Act not to
exceed 25 per centum.
(b) The Congress recognizes that economic development is a
long-term process needing funding commitments to international
financial institutions. It also notes that the availability of
funds for the United States contribution to international
financial institutions is subject to the appropriations
process.
* * * * * * *
TITLE VII--HUMAN RIGHTS
Sec. 701.\3\, \4\ (a) \5\ The United States
Government, in connection with its voice and vote in the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
African Development Fund, the Asian Development Bank, the
African Development Bank, the European Bank for Reconstruction
and Development, and the International Monetary Fund,\6\ shall
advance the cause of human rights, including by seeking to
channel assistance toward countries other than those whose
governments engage in--
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\3\ 22 U.S.C. 262d.
\4\ Sec. 701 was invoked in sec. 586G(a)(5) of the Iraq Sanctions
Act of 1990, as contained in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2052).
See also sec. 561, related to war criminals, and sec. 563, related
to funding for Serbia, in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
Stat. 2172, et. seq.).
See also sec. 1621 of this Act.
\5\ Sec. 823(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 512), provided the
following:
``(a) In General.--The Secretary of the Treasury shall instruct the
United States executive director to each of the international financial
institutions described in section 701(a) of the International Financial
Institutions Act (22 U.S.C. 262d(a)) to use the voice and vote of the
United States to oppose any use of the institution's funds to promote
the acquisition of unsafeguarded special nuclear material or the
development, stockpiling, or use of any nuclear explosive device by any
non-nuclear-weapon state.''.
See also amendment and note at subsec. (b)(3) of this section.
\6\ Sec. 1342(b) of Public Law 97-35 (95 Stat. 743) added the
reference to the African Development Bank. Sec. 1008(a) of the FREEDOM
Support Act (Public Law 102-511; 106 Stat. 3361) added the reference to
the European Bank for Reconstruction and Development and the
International Monetary Fund.
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(1) a \7\ pattern of gross violations of
internationally recognized human rights, such as
torture or cruel, inhumane, or degrading treatment or
punishment, prolonged detention without charges, or
other flagrant denial to life, liberty, and the
security of person; or
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\7\ Sec. 1004(1) of Public Law 98-181 (97 Stat. 1286) struck out
the word ``consistent'' which previously appeared at this point.
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(2) provide refuge to individuals committing acts of
international terrorism by hijacking aircraft.
(b) Further, the Secretary of the Treasury shall instruct
each Executive Director of the above institutions to consider
in carrying out his duties:
(1) specific actions by either the executive branch
or the Congress as a whole on individual bilateral
assistance programs because of human rights
considerations;
(2) the extent to which the economic assistance
provided by the above institutions directly benefit the
needy people in the recipient country;
(3) \8\ whether the recipient country--
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\8\ Sec. 823(b) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 512), amended and
restated subsec. (b)(3). It formerly read as follows:
``(3) whether the recipient country has detonated a nuclear device
or is not a State Party to the Treaty on Non-Proliferation of Nuclear
Weapons or both; and''.
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(A) is seeking to acquire unsafeguarded
special nuclear material (as defined in section
830(8) of the Nuclear Proliferation Prevention
Act of 1994) or a nuclear explosive device (as
defined in section 830(4) of that Act);
(B) is not a State Party to the Treaty on the
Non-Proliferation of Nuclear Weapons; or
(C) has detonated a nuclear explosive device;
and
(4) in relation to assistance for the Socialist
Republic of Vietnam, the People's Democratic Republic
of Laos, Russia and the other independent states of the
former Soviet Union (as defined in section 3 of the
Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992),\9\ and
Democratic Kampuchea (Cambodia), the responsiveness of
the governments of such countries in providing a more
substantial accounting of Americans missing in action.
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\9\ Sec. 1008(b) of the FREEDOM Support Act (Public Law 102-511;
106 Stat. 3362) inserted ``Russia and the other independent states of
the former Soviet Union (as defined in section 3 of the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets Support Act
of 1992),'' after ``Laos,''.
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(c) \10\ (1) The Secretary of the Treasury shall report
annually \11\ on all loans considered by the Boards of
Executive Directors of the institutions listed in subsection
(a) to the Chairman and ranking minority member of the
Committee on Banking, Finance and Urban Affairs \12\ of the
House of Representatives, or the designees of such Chairman and
ranking minority member, and the Chairman and ranking minority
member of the Committee on Foreign Relations of the Senate.
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\10\ Sec. 541(c) of the International Development and Finance Act
of 1989 (Public Law 101-240; 103 Stat. 2517) amended and restated
subsec. (c).
\11\ Sec. 1103(g) of Public Law 106-569 (114 Stat. 3031) struck out
``Not later than 30 days after the end of each calendar quarter, the
Secretary of the Treasury shall report quarterly'' and inserted in lieu
thereof ``The Secretary of the Treasury shall report annually''.
\12\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
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(2) Each report required by paragraph (1) shall--
(A) include a list of all loans considered by the
Board of Executive Directors of the institutions listed
in subsection (a) and shall specify with respect to
each such loan--
(i) the institution involved;
(ii) the date of final action;
(iii) the borrower;
(iv) the amount;
(v) the project or program;
(vi) the vote of the United States
Government;
(vii) the reason for United States Government
opposition, if any;
(viii) the final disposition of the loan; and
(ix) if the United States Government opposed
the loan, whether the loan meets basic human
needs;
(B) indicate whether the United States has opposed
any loan, financial assistance, or technical assistance
to a country on human rights grounds;
(C) indicate whether the United States has voted in
favor of a loan, financial assistance, or technical
assistance to a country with respect to which the
United States had, in the preceding 2 years, opposed a
loan, financial assistance, or technical assistance on
human rights grounds; and
(D) in cases where the United States changed its
voting position from opposition to support or from
support to opposition, on human rights grounds--
(i) indicate the policy considerations that
were taken into account in the development of
the United States voting position;
(ii) describe human rights conditions in the
country involved;
(iii) indicate how the United States voted on
all other loans, financial assistance, and
technical assistance to such country during the
preceding 2 years; and
(iv) contain information as to how the United
States voting position relates to the overall
United States Government policy on human rights
in such country.
(d) The United States Government, in connection with its
voice and vote in the institutions listed in subsection (a),
shall seek to channel assistance to projects which address
basic human needs of the people of the recipient country.\13\
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\13\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(e)(8)
of that Act repealed the last sentence of this subsection.
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(e) In determining whether a country is in gross violation
of internationally recognized human rights standards, as
defined by the provisions of subsection (a), the United States
Government shall give consideration to the extent of
cooperation of such country in permitting an unimpeded
investigation of alleged violations of internationally
recognized human rights by appropriate international
organizations including, but not limited to, the International
Committee of the Red Cross, Amnesty International, the
International Commission of Jurists, and groups or persons
acting under the authority of the United Nations or the
Organization of American States.
(f) The United States Executive Directors of the
institutions listed in subsection (a) are authorized and
instructed to oppose any loan, any extension of financial
assistance, or any technical assistance to any country
described in subsection (a) (1) or (2), unless such assistance
is directed specifically to programs which serve the basic
human needs of the citizens of such country.
The \14\ Secretary of the Treasury or his delegate shall
consult frequently and in a timely manner with the chairmen and
ranking minority members of the Committee on Banking, Finance
and Urban Affairs \12\ of the House of Representatives and of
the Committee on Foreign Relations of the Senate \15\ to inform
them regarding any prospective changes in policy direction
toward counties which have or recently have had poor human
rights records.
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\14\ This sentence was enacted as para. (2) of subsec. (g) by sec.
501(b) of Public Law 96-259 (94 Stat. 432). Sec. 541 of the
International Development and Finance Act of 1989 (Public Law 101-240;
103 Stat. 2518) consolidated several reporting requirements into new
secs. 1701 through 1703 and titles XVIII and XIX of the International
Financial Institutions Act and repealed duplicative requirements in
other legislation. Sec. 541(d)(4) of that Act repealed subsec. (g)(1).
Sec. 562(b)(2) of Public Law 101-513 (104 Stat. 2034) subsequently
struck out paragraph designation ``(2)'' at the beginning of this
paragraph.
\15\ Sec. 562(b)(2) of Public Law 101-513 (104 Stat. 2034) struck
out ``specified in paragraph (1)'' and inserted ``of the Committee on
Banking, Finance and Urban Affairs of the House of Representatives and
of the Committee on Foreign Relations of the Senate''. See also note
12.
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(g)\16\ In determining whether the government of a country
engages in a pattern of gross violations of internationally
recognized human rights, as described in subsection (a), the
President shall give particular consideration to whether a
foreign government--
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\16\ Sec. 422 of the International Religious Freedom Act of 1998
(Public Law 105-292; 112 Stat. 2810) added subsec. (g).
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(1) has engaged in or tolerated particularly severe
violations of religious freedom, as defined in section
3 of the International Religious Freedom Act of 1998;
or
(2) has failed to undertake serious and sustained
efforts to combat particularly severe violations of
religious freedom when such efforts could have been
reasonably undertaken.
Sec. 702. Section 28 of the Inter-American Development Bank
Act, as amended (22 U.S.C. 283y), section 211 of the Act of May
31, 1976 (22 U.S.C. 290g-9), and section 15 of the
International Development Association Act, as amended (22
U.S.C. 284m), are repealed.
Sec. 703.\17\ (a) The Secretary of State and the Secretary
of the Treasury shall initiate a wide consultation designed to
develop a viable standard for the meeting of basic human needs
and the protection of human rights and a mechanism for acting
together to insure that the rewards of international economic
cooperation are especially available to those who subscribe to
such standards and are seen to be moving toward making them
effective in their own system of governance.
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\17\ 22 U.S.C. 262c note.
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(b) Not later than one year after the date of enactment of
this Act, the Secretary of State and the Secretary of the
Treasury shall report to the President of the Senate and the
Speaker of the House of Representatives on the progress made in
carrying out this section.
Sec. 704.\18\ The President shall direct the United States
Executive Directors of such international financial
institutions to take all appropriate actions to keep the
salaries and benefits of the employees of such institutions to
levels comparable to salaries and benefits of employees of
private business and the United States Government in comparable
positions.
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\18\ 22 U.S.C. 262e. Sec. 501 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102; 119 Stat. 2195), provided the following:
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``compensation for united states executive directors to international
financial institutions
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``Sec. 501. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
or while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
``(b) For purposes of this section `international financial
institutions' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.''.
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Sec. 705.\19\ The President shall direct the United States
Governor of the International Bank for Reconstruction and
Development, the United States Governor of the International
Finance Corporation, the United States Governor of the
International Development Association, the United States
Governor of the Inter-American Development Bank, the United
States Governor of the Asian Development Bank, and the United
States Governor of the African Development Fund, to consult
with the other Governors of those institutions concerning
adoption of an amendment to the Articles of Agreement of their
respective institutions to establish human rights standards to
be considered in connection with each application for
assistance.
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\19\ 22 U.S.C. 262d note. Sec. 501(c) of Public Law 96-259 (94
Stat. 432) added sec. 705.
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TITLE VIII--LIGHT CAPITAL TECHNOLOGY
Sec. 801.\20\ The United States Government, in connection
with its voice and vote in the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the African Development Fund, the
Asian Development Bank, and the African Development Bank,\21\
shall promote the development and utilization of light capital
technologies, otherwise known as intermediate, appropriate, or
village technologies, by such international institutions as
major facets of their development strategies, with major
emphasis on the production and conservation of energy through
light capital technologies.\22\
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\20\ 22 U.S.C. 262f.
\21\ Sec. 1342(c) of Public Law 97-35 (95 Stat. 743) added the
reference to the African Development Bank.
\22\ Subsec. (b), which previously appeared at this point and had
required an annual report on the goals expressed in this title, was
struck out by sec. 1371(b) of Public Law 97-35 (95 Stat. 746).
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TITLE IX--HUMAN NUTRITION IN DEVELOPING COUNTRIES
Sec. 901.\23\ The Congress declares it to be the policy of
the United States, in connection with its voice and vote in the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
African Development Fund, the Asian Development Fund, and the
Asian Development Bank, to combat hunger and malnutrition and
to encourage economic development in the developing countries,
with emphasis on assistance to those countries that are
determined to improve their own agricultural production, by
seeking to channel assistance for agriculturally related
development to projects that would aid in fulfilling domestic
food and nutrition needs and in alleviating hunger and
malnutrition in the recipient country. The United States
representatives to the institutions named in this section shall
oppose any loan or other financial assistance for establishing
or expanding production for export of palm oil, sugar, or
citrus crops if such loan or assistance will cause injury to
United States producers of the same, similar, or competing
agricultural commodity.\22\
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\23\ 22 U.S.C. 262g.
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TITLE X--EFFECTIVE DATE
Sec. 1001.\24\ This Act shall take effect on the date of
its enactment, except that no funds authorized to be
appropriated by any amendment contained in title II, III, IV,
V, or VI may be available for use or obligation prior to
October 1, 1977.
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\24\ 22 U.S.C. 282r note.
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TITLE XI--TARGETING ASSISTANCE TO THE NEEDY \25\
Sec. 1101.\26\ (a) The Congress finds that there is a need
for concerted international efforts to deal with the problems
of malnutrition, low life expectancy, childhood disease,
underemployment, and low productivity in developing countries.
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\25\ Sec. 1361(b) of Public Law 97-35 (95 Stat. 745) added titles
XI and XII.
\26\ 22 U.S.C. 262g-1.
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(b) The Congress notes with approval that the Inter-
American Development Bank, under the terms of its Fifth
Replenishment, has adopted the target that 50 percent of its
lending benefit the poorest groups and has developed a usable
methodology for determining the proportion of its lending which
benefits such groups.
Sec. 1102.\27\ (a) The Secretary of the Treasury shall
consult with representatives of other member countries of the
International Bank for Reconstruction and Development, the
International Development Association, the Asian Development
Bank, the African Development Fund, and the African Development
Bank (if the United States becomes a member of that Bank), for
the purpose of establishing guidelines within each of those
institutions which specify that, in a manner consistent with
the purposes and charters of those institutions, a specified
proportion of the annual lending by each institution shall be
designed to benefit needy people, primarily by financing sound,
efficient, productive, self-sustaining projects designed to
benefit needy people in developing countries, thus helping poor
people improve their conditions of life.
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\27\ 22 U.S.C. 262g-2.
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(b) The Congress finds that projects to construct basic
infrastructure, to expand productive capacity (including
private enterprise), and to address social problems can all
meet the objectives of this section if they are designed and
implemented properly. For the purposes of this title, ``needy
people'' means those people living in ``absolute'' or
``relative'' poverty as determined under the standards employed
by the International Bank for Reconstruction and Development
and the International Development Association.
Sec. 1103.\28\ * * * [Repealed--1989]
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\28\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(d)(4)
repealed sec. 1103.
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TITLE XII--CONGRESSIONAL CONSULTATIONS \25\
Sec. 1201.\29\ The Secretary of the Treasury or his
designee shall consult with the Chairman and the Ranking
Minority Member of--
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\29\ 22 U.S.C. 262g-3.
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(1) the Committee on Banking, Finance and Urban
Affairs \12\ of the House of Representatives, the
Committee on Appropriations of the House of
Representatives, and the appropriate subcommittee of
each such committee, and
(2) the Committee on Foreign Relations of the Senate,
the Committee on Appropriations of the Senate, and the
appropriate subcommittee of each such committee,
for the purpose of discussing the position of the executive
branch and the views of the Congress with respect to any
international negotiations being held to consider future
replenishments or capital expansions of any multilateral
development bank which may involve an increased contribution or
subscription by the United States. Such consultation shall be
made (A) not later than 30 days before the initiation of such
international negotiations, (B) during the period in which such
negotiations are being held, in a frequent and timely manner,
and (C) before a session of such negotiations is held at which
the United States representatives may agree to such a
replenishment or capital expansion.
TITLE XIII--THE ENVIRONMENT \30\
Sec. 1301.\31\ The Congress finds that--
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\30\ Titles XIII through XVI were added by sec. 701 of H.R. 3750,
as introduced by the House Committee on Banking, Finance and Urban
Affairs, on Dec. 11, 1987, and enacted into law by Title I of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988, (sec. 101(e) of the Continuing
Appropriations, 1988; Public Law 100-202; 101 Stat. 1329 at 1329-134).
See also sec. 533 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2013; 22 U.S.C. 262l), and sec. 532 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1993 (Public
Law 102-391; 106 Stat. 1666; 22 U.S.C. 262l), relating to environment
and global warming, in Legislation on Foreign Relations Through 2005,
vol. I-A.
\31\ 22 U.S.C. 262m.
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(1) United States assistance to the multilateral
development banks should promote sustainable use of
natural resources and the protection of the
environment, public health, and the status of
indigenous peoples in developing countries;
(2) multilateral development bank projects, policies,
and loans have failed in some cases to provide adequate
safeguards for the environment, public health, natural
resources, and indigenous peoples;
(3) many development efforts of the multilateral
development banks are more enduring and less costly if
based on consultations with directly affected
population groups and communities;
(4) developing country governments sometimes do not
ensure that appropriate policies and procedures are in
place to use natural resources sustainably or consult
with affected population groups and communities, where
costs could be reduced or benefits made more enduring;
and
(5) in general, the multilateral development banks do
not yet provide systematic and adequate assistance to
their borrowers to encourage sustainable resource use
and consultation with affected communities, where costs
could be reduced or benefits made more enduring.
Sec. 1302.\32\ The Secretary of the Treasury and the
Secretary of State, in cooperation with the Administrator of
the Agency for International Development, shall vigorously
promote mechanisms to strengthen the environmental performance
of these banks. These mechanisms shall include strengthening
organizational, administrative, and procedural arrangements
within the banks which will substantially improve management of
assistance programs necessary to ensure the sustainable use of
natural resources and the protection of indigenous peoples.
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\32\ 22 U.S.C. 262m-1.
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Sec. 1303.\33\ (a)(1) In the course of reviewing assistance
proposals of the multilateral development banks, the
Administrator of the Agency for International Development, in
consultation with the Secretary of the Treasury and the
Secretary of State, shall ensure that other agencies and
appropriate United States embassies and overseas missions of
the Agency for International Development are instructed to
analyze, where feasible, the environmental impacts of
multilateral development loans well in advance of such loans'
approval by the relevant institutions to determine whether the
proposals will contribute to the sustainable development of the
borrowing country.
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\33\ 22 U.S.C. 262m-2.
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(2) To the extent possible, such reviews shall
address the economic viability of the project, adverse
impacts on the environment, natural resources, public
health, and indigenous peoples, and recommendations as
to measures, including alternatives, that could
eliminate or mitigate adverse impacts.
(3) If there is reason to believe that any such loan
is particularly likely to have substantial adverse
impacts, the Administrator of the Agency for
International Development, in consultation with the
Secretary of the Treasury and the Secretary of State,
shall ensure that an affirmative investigation of such
impacts is undertaken in consultation with relevant
Federal agencies. If not classified under the national
security system of classification, the information
collected pursuant to this paragraph shall be made
available to the public.
(b)(1) \34\ The Secretary of the Treasury shall instruct
the Executive Directors representing the United States at the
multilateral development banks as defined by section 1307(g) to
urge the management and other directors of each such bank, to
provide sufficient time between the circulation of assistance
proposals and bank action on those proposals, in order to
permit their evaluation by major shareholder governments.
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\34\ Sec. 593(b) of the Foreign Operations, Export Financing and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-391; 118 Stat. 3037), added the paragraph designation (1), struck
out ``International Bank for Reconstruction and Development, the Inter-
American Development Bank, the Asian Development Bank, and the African
Development Bank'' and inserted in lieu thereof ``multilateral
development banks as defined by section 1307(g)'', and added paras. (2)
and (3).
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(2) \34\ The Secretary of the Treasury shall instruct such
Executive Directors to work with other countries' Executive
Directors and multilateral development bank management to--
(A) improve the procedures of each multilateral
development bank for providing its board of directors
with a complete and accurate record regarding public
consultation before they vote on proposed projects with
significant environmental implications; and
(B) revise bank procedures to consistently require
public consultation on operational policy proposals or
revisions that have significant environmental or social
implications.
(3) \34\ Progress under this subsection shall be
incorporated into Treasury's required annual report to Congress
on the environmental performance of the multilateral
development banks.
(c) Based on the information obtained during the evaluation
referred to in subsection (a) and other available information,
the Administrator of the Agency for International Development,
in consultation with the Secretary of the Treasury and the
Secretary of State, shall identify those assistance proposals
likely to have adverse impacts on the environment, natural
resources, public health, or indigenous peoples. The proposals
so identified shall be transmitted to the Committee on
Appropriations and the Committee on Banking, Finance and Urban
Affairs of the House of Representatives and the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate, not later than June 30 and December 31 of each year
following the date of enactment of this title.
(d) The Secretary of the Treasury shall forward reports
concerning information received under subsection (a) to the
Executive Director representing the United States in the
appropriate bank with instructions to seek to eliminate or
mitigate adverse impacts which may result from the proposal.
Sec. 1304.\35\ The Secretary of the Treasury, in
consultation with the Secretary of State and the Administrator
of the Agency for International Development, shall create a
system for cooperative exchange of information with other
interested member countries on assistance proposals of the
multilateral development banks.
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\35\ 22 U.S.C. 262m-3.
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Sec. 1305.\36\ The Secretary of the Treasury shall instruct
the United States Executive Directors of the multilateral
development banks to support the strengthening of educational
programs within each multilateral development bank to improve
the capacity of mid-level managers to initiate and manage
environmental aspects of development activities, and to train
officials of borrowing countries in the conduct of
environmental analyses.
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\36\ 22 U.S.C. 262m-4.
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Sec. 1306.\37\ (a) The Secretary of the Treasury shall
instruct the United States Executive Director of each
multilateral development bank to vigorously and continuously
urge that each bank identify and develop methods and procedures
to insure that in addition to economic and technical
considerations, unquantified environmental values be given
appropriate consideration in decisionmaking, and include in the
documents circulated to the Board of Executive Directors
concerning each assistance proposal a detailed statement, to
include assessment of the benefits and costs of environmental
impacts and possible mitigating measures, on the environmental
impact of the proposed action, any adverse environmental
effects which cannot be avoided if the proposal is implemented,
and alternatives to the proposed action.
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\37\ 22 U.S.C. 262m-5.
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(b) The Secretary of the Treasury shall instruct the United
States Executive Director of each multilateral development bank
to vigorously and continuously promote--
(1) increases in the proportion of loans supporting
environmentally beneficial policies, projects, and
project components;
(2) the establishment of environmental programs in
appropriate policy-based loans for the purpose of
improving natural resource management, environmental
quality, and protection of biological diversity;
(3) increases in the proportion of staff with
professional training and experience in ecology and
related areas and in the areas of anthropological and
sociological impact analysis to ensure systematic
appraisal and monitoring of environmental and
sociocultural impacts of projects and policies;
(4) active and systematic encouragement of
participation by borrowing countries nongovernmental
environmental, community and indigenous peoples'
organizations at all stages of preparations for country
lending strategies, policy based loans, and loans that
may have adverse environmental or sociocultural
impacts; and
(5) full availability to concerned or affected non-
governmental and community organization, early in the
preparation phase and at all subsequent stages of
planning of full documentary information concerning
details of design and potential environmental and
sociocultural impacts of proposed loans.
SEC. 1307.\38\ ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED
MULTILATERAL DEVELOPMENT BANK ACTIONS.
(a) \39\ Assessment Required Before Favorable Vote on
Proposal.--The Secretary of the Treasury shall instruct the
United States Executive Director of each multilateral
development bank not to vote in favor of any proposal
(including but not limited to any loan, credit, grant,
guarantee) which would result or be likely to result in
significant impact on the environment, unless the Secretary,
after consultation with the Secretary of State and the
Administrators of the United States Agency for International
Development and the Environmental Protection Agency, determines
that for at least 120 days before the date of the vote--
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\38\ 22 U.S.C. 262m-7. Popularly referred to as the Pelosi
amendment. Added by sec. 521 of the International Development and
Finance Act of 1989 (Public Law 101-240; 103 Stat. 2511), as sec. 1308.
The same Act repealed the standing sec. 1307 and redesignated this sec.
as sec. 1307. The repealed sec. 1307 (formerly at 22 U.S.C. 262m-6) had
required an annual report be submitted by Secretary of the Treasury,
with consultation from others in the Administration, to several
committees on progress being made to implement the objectives of title
XIII.
\39\ Sec. 593(a) of the Foreign Operations, Export Financing and
Related Programs Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 3037) amended and restated subsec. (a). It previously read as
follows:
``(a) Assessment Required Before Favorable Vote on Action.--
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``(1) In general.--Beginning 2 years after the date of the enactment of
this section, the Secretary of the Treasury shall instruct the United
States Executive Director of each multilateral development bank not to vote
in favor of any action proposed to be taken by the respective bank which
would have a significant effect on the human environment, unless for at
least 120 days before the date of the vote--
``(A) an assessment analyzing the environmental impacts of the proposed
action and of alternatives to the proposed action has been completed by the
borrower or the institution, and been made available to the board of
directors of the institution; and
``(B) except as provided in paragraph (2), such assessment or a
comprehensive summary of such assessment has been made available to the
multilateral development bank, affected groups, and local nongovernmental
organizations.
``(2) Exceptions and reports.--
``(A) Exceptions.--The requirement of paragraph (1)(B) shall not apply
where the Secretary finds compelling reasons to believe that disclosure in
any case described in paragraph (1) would jeopardize the confidential
relationship between the borrower and the respective bank.
``(B) Reports by secretary.--The Secretary shall submit a quarterly
report in writing to the Committees specified in subsection (f)(1) of the
findings described in subparagraph (A).''.
(1) an assessment analyzing the environmental impacts
of the proposed action, including associated and
cumulative impacts, and of alternatives to the proposed
action, has been completed by the borrower or the bank
and has been made available to the board of directors
of the bank; and
(2) such assessment or a comprehensive summary of the
assessment (with proprietary information redacted) has
been made available to affected groups, and local
nongovernmental organizations and notice of its
availability in the country and at the bank has been
posted on the bank's website.
(b) Access to Assessments in All Member Countries.--The
Secretary of the Treasury shall seek the adoption of policies
and procedures, through discussions and negotiations with the
other member countries of the multilateral development banks
and with the management of such banks, which result in access
by governmental agencies and interested members of the public
of such member countries, to environmental assessments or
documentary information containing comprehensive summaries of
such assessments which discuss the environmental impact of
prospective projects and programs being considered by such
banks. Such assessments or summaries should be made available
to such governmental agencies and interested members of the
public at least 120 days before scheduled board action, and
public participation in review of the relevant environmental
information should be encouraged.
(c) Consideration of Assessment.--The Secretary of the
Treasury shall--
(1) ensure that an environmental impact assessment or
comprehensive summary of such assessment described in
subsection (a) accompanies loan proposals through the
agency review process; and
(2) take into consideration recommendations from all
other interested Federal agencies and interested
members of the public.
(d) Development of Procedures for Systematic Environmental
Assessment.--The Secretary of the Treasury, in consultation
with other Federal agencies, including the Environmental
Protection Agency, the Department of State, and the Council on
Environmental Quality, shall--
(1) instruct the United States Executive Director of
each multilateral development bank to initiate
discussions with the other executive directors of the
respective bank and to propose that the respective bank
develop and make available to member governments of,
and borrowers from, the respective bank, within 18
months after the date of the enactment of this section,
a procedure for the systematic environmental assessment
of development projects for which the respective bank
provides financial assistance, taking into
consideration the Guidelines and Principles for
Environmental Impact Assessment promulgated by the
United Nations Environmental Programme and other
bilateral or multilateral assessment procedures; and
(2) in determining the position of the United States
on any action proposed to be taken by a multilateral
development bank, develop and prescribe procedures for
the consideration of, among other things--
(A) the environmental impact assessment of
the action described in subsection (a);
(B) interagency and public review of such
assessment; and
(C) other environmental review and
consultation of such action that is required by
other law.
(e) Use of United States Personnel.--The Secretary of the
Treasury, in consultation with the Secretary of State, the
Secretary of the Interior, the Administrator of the
Environmental Protection Agency, the Chairman of the Council on
Environmental Quality, the Administrator of the Agency for
International Development, and the Administrator of the
National Oceanic and Atmospheric Administration, shall--
(1) make available to the multilateral development
banks, without charge, appropriate United States
Government personnel to assist in--
(A) training bank staff in environmental
impact assessment procedures;
(B) providing advice on environmental issues;
(C) preparing environmental studies for
projects with potentially significant
environmental impacts; and
(D) preparing documents for public release,
and developing procedures to provide for the
inclusion of interested nongovernmental
organizations in the environmental review
process; and
(2) encourage other member countries of such banks to
provide similar assistance.
(f) Reports.--
(1) In general.--The Secretary of the Treasury shall
submit to the Committees on Foreign Relations and
Environment and Public Works of the Senate and the
Committee on Banking, Finance and Urban Affairs \12\ of
the House of Representatives--
(A) not later than the end of the 1-year
period beginning on the date of the enactment
of this section, a progress report on the
efficacy of efforts by the United States to
encourage consistent and timely environmental
impact assessment of actions proposed to be
taken by the multilateral development banks and
on the progress made by the multilateral
development banks in developing and instituting
environmental assessment policies and
procedures; and
(B) not later than January 1, 1993, a
detailed report on the matters described in
subparagraph (A).
(2) Availability of reports.--The reports required by
paragraph (1) shall be made available to the member
governments of, and the borrowers from, the
multilateral development banks, and to the public.
(g) \40\ Multilateral Development Bank Defined.--In this
title, the term ``multilateral development bank'' means the
International Bank for Reconstruction and Development, the
European Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guarantee
Agency, the African Development Bank, the African Development
Fund, the Asian Development Bank, the Inter-American
Development Bank, the Inter-American Investment Corporation,
any other institution (other than the International Monetary
Fund) specified in section 1701(c)(2), and any subsidiary of
any such institution.
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\40\ Subsec. (g), which was added by sec. 560(b)(3) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1998 (Public Law 105-118; 111 Stat. 2426), was amended and restated by
sec. 593(a)(2) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3037).
It previously read as follows:
``(g) For purposes of this section, the term `multilateral
development bank' means any of the institutions named in section
1303(b) of this Act, and the International Finance Corporation.''.
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TITLE XIV--AGRICULTURAL AND COMMODITY PRODUCTION \30\
Sec. 1401.\41\ The Congress hereby finds the following:
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\41\ 22 U.S.C. 262n.
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(1) The financing of certain programs and projects by
multilateral development banks has been of great
concern insofar as the programs and projects have been
detrimental to the interests of American farmers and
the agribusiness sector.
(2) an increase in rural income in developing
countries will generally result in an increase in
exports of United States agricultural and food
products.
Sec. 1402.\42\ The Secretary of the Treasury, after
consultations with the Secretary of Agriculture and the
Secretary of the Interior (to the extent appropriate) on
markets and prices for commodities, shall periodically instruct
the United States Executive Director of each multilateral
development bank to work with other executive directors of the
respective bank to continue to--
---------------------------------------------------------------------------
\42\ 22 U.S.C. 262n-1.
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(1) support activities which result in broad
increases in income and employment and enhance
purchasing power in developing countries, particularly
among the rural poor; and
(2) encourage diversification away from single crop
or product economies in developing countries to help
reduce wide fluctuations in commodity prices and the
adverse impact of abrupt changes in the terms of trade.
Sec. 1403.\43\ (a) The Secretary of the Treasury shall take
all appropriate steps to discourage multilateral development
banks from financing projects which will result in the
production of commodities, products, or minerals for export
that will be in surplus in world markets at the time such
production begins.
---------------------------------------------------------------------------
\43\ 22 U.S.C. 262n-2.
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(b) The Secretary of the Treasury shall instruct the United
States Executive Directors of the multilateral development
banks to use the voice and vote of the United States in the
respective banks--
(1) to oppose financing by the respective bank of
projects which produce, or will produce, commodities,
products, or minerals for export if--
(A) the commodity, product, or mineral is
subsidized in a manner which is inconsistent
with Article XVI.3 of the GATT 1994 as defined
in section 2(1)(B) of the Uruguay Round
Agreements Act, or article 3.1(a) of the
Agreement on Subsidies and Countervailing
Measures referred to in section 101(d)(12) of
that Act; \44\
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\44\ Sec. 1102(b)(1) of the Miscellaneous Trade and Technical
Corrections Act of 1999 (Public Law 106-36; 113 Stat. 133) struck out
``General Agreement on Tariffs and Trade or Article 10 of the
Agreements on Interpretation and Application of Articles VI, XVI, and
XXIII of the General Agreement on Tariffs and Trade'' and inserted in
lieu thereof ``GATT 1994 as defined in section 2(1)(B) of the Uruguay
Round Agreements Act, or article 3.1(a) of the Agreement on Subsidies
and Countervailing Measures referred to in section 101(d)(12) of that
Act''.
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(B) support from financial sources other than
multilateral development banks does not
accompany such financing; and
(2) to oppose financing by the respective bank for
production of a commodity, product, or mineral for
export which--
(A) is likely to be in surplus on world
markets at the time such production begins; and
(B) when exported, is likely to cause injury
to United States producers within the meaning
of Article 15 of the Agreement on Subsidies and
Countervailing Measures referred to in
subparagraph (A).\45\
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\45\ Sec. 1102(b)(1) of the Miscellaneous Trade and Technical
Corrections Act of 1999 (Public Law 106-36; 113 Stat. 133) struck out
``Article 6 of the Agreement on Interpretation and Application of
Articles VI, XVI, and XXIII of the General Agreement on Tariffs and
Trade'' and inserted in lieu thereof ``Article 15 of the Agreement on
Subsidies and Countervailing Measures referred to in subparagraph
(A)''.
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SEC. 1404.\46\ REDUCTION OF BARRIERS TO INTERNATIONAL TRADE.
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\46\ 22 U.S.C. 262n-3. Added by sec. 611 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1999 (sec.
101(d) of division A of Public Law 105-277; 112 Stat. 2681-228).
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The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to
use aggressively the voice and vote of the United States to
vigorously promote policies to encourage the opening of markets
for agricultural commodities and products by requiring
recipient countries to make efforts to reduce trade barriers.
TITLE XV--OTHER POLICIES \30\
Sec. 1501.\47\ (a) In any negotiations concerning
replenishment or an increase in capital for any multilateral
development bank, the Secretary of the Treasury shall propose,
as a principal point for negotiations, the following
institutional reforms:
---------------------------------------------------------------------------
\47\ 22 U.S.C. 262o.
---------------------------------------------------------------------------
(1) The establishment of a unified program within
each multilateral development bank to assess the extent
to which bank lending benefits the least advantaged
members of society, particularly women and the poor,
and to increase the extent to which such members
benefit from future bank lending.
(2) The establishment of an office or other
administrative procedures within each multilateral
development bank to--
(A) provide in-country liaison services for
nongovernmental organizations operating at the
community level;
(B) monitor the impact of project and
nonproject lending on local populations; and
(C) ensure compliance with loan
conditionalities, especially loan
conditionalities relating to the protection of
the quality of life of the poor and the rights
of aboriginal minorities.
(3) A major increase in the number of members of the
professional staff of each regional multilateral
development bank with training in environmental or
social impact analysis or natural science, including--
(A) recruitment of additional permanent
professional staff; and
(B) training programs for existing staff
members in these subject areas.
(4) With respect to the International Bank for
Reconstruction and Development, the establishment of a
program for policy-based lending to promote the
sustainable use of renewable resources and the
protection of the environment in borrowing countries.
(5) An increase in the length of any review period
established by any multilateral development bank for
board review of staff recommendations by such time as
would be sufficient to allow the governments of member
countries to review and comment on the staff
recommendations before any action is taken by the board
of directors of such bank on the recommendations.
(b) The Secretary of the Treasury shall instruct the United
States Executive Director of each multilateral development bank
to request the management of such bank to prepare an annual
report which identifies and describes the most exemplary
lending practices or loan components implemented during the
preceding year with respect to each of the following lending
policy goals for each major borrowing country or country group:
(1) Benefit to the poor.
(2) Involvement of nongovernmental organizations and
local and indigenous populations in loan design,
implementation, planning, and monitoring.
(3) Integration of, consideration of, and concern for
environmental quality and the sustainable use of
natural resources into loan design, implementation,
planning, and monitoring.
(4) Recognition of and support for the economic and
social development of women.
SEC. 1502.\48\ MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY
INVOLVEMENT IN THE ECONOMIES OF RECIPIENT
COUNTRIES.
(a) Consideration of Commitment To Achieving Certain
Goals.--
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\48\ 22 U.S.C. 262o-1. Sec. 526(d) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1995 (Public
Law 103-306; 108 Stat. 1633) added sec. 1502.
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(1) \49\ In general.--The Secretary of the Treasury
shall instruct the United States Executive Directors of
the international financial institutions (as defined in
section 1701(c)(2)) to promote growth in the
international economy by taking into account, when
considering whether to support or oppose loan proposals
at these institutions, the extent to which the
recipient government has demonstrated a commitment to
achieving the following goals:
---------------------------------------------------------------------------
\49\ As enrolled; no para. (2) was enacted.
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(A) to provide accurate and complete data on
the annual expenditures and receipts of the
armed forces;
(B) to establish good and publicly
accountable governance, including an end to
excessive military involvement in the economy;
and
(C) to make substantial reductions in
excessive military spending and forces.
(b) Steps To Achieve Goals Required.--The Secretary of the
Treasury shall instruct the United States Executive Directors
of the international financial institutions (as so defined) to
promote a policy at each institution under which--
(1) the respective institution monitors closely and,
through regular policy consultations with recipient
governments, seeks to influence the composition of
public expenditure in favor of funding growth and
development priorities and away from unproductive
expenditure, including excessive military expenditures;
(2) the respective institution supports lending
operations which assist efforts of recipient
governments to promote good governance, including
public participation, and reduce military expenditures;
and
(3) the allocation of resources and the extension of
credit by the respective institution takes into account
the performance of recipient governments in the areas
of good governance, ending excessive military
involvement in the economy and reducing excessive
military expenditures.
SEC. 1503.\50\ ADVOCACY OF POLICIES TO ENHANCE THE GENERAL
EFFECTIVENESS OF THE INTERNATIONAL MONETARY FUND.
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\50\ 22 U.S.C. 262o-2. Added by sec. 610(a) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1999 (sec. 101(d) of division A of Public Law 105-277; 112 Stat. 2681-
224).
Sec. 504 of the Emergency Supplemental Appropriations, 2000 (sec.
1000(a)(5) of Public Law 106-113; 113 Stat. 1501A-317), provided the
following:
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``sec. 504. additional provisions
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``(a) Publication of IMF Operational Budgets.--The Secretary of the
Treasury shall instruct the United States Executive Director at the
International Monetary Fund to use the voice, vote, and influence of
the United States to urge vigorously the International Monetary Fund to
publish the operational budgets of the International Monetary Fund, on
a quarterly basis, not later than one year after the end of the period
covered by the budget.
``(b) Report to the Congress Showing Costs of United States
Participation in the International Monetary Fund.--The Secretary of the
Treasury shall prepare and transmit to the Committees on Banking and
Financial Services, on Appropriations, and on International Relations
of the House of Representatives and the Committees on Banking, Housing,
and Urban Affairs, on Foreign Relations, and on Appropriations of the
Senate a quarterly report, which shall be made readily available to the
public, on the costs or benefits of United States participation in the
International Monetary Fund and which shall detail the costs and
benefits to the United States, as well as valuation gains or losses on
the United States reserve position in the International Monetary Fund.
``(c) Continuation of Forgoing of Reimbursement of IMF for Expenses
of Administering ESAF.--The Secretary of the Treasury shall instruct
the United States Executive Director at the International Monetary Fund
to use the voice, vote, and influence of the United States to urge
vigorously the International Monetary Fund to continue to forgo
reimbursements of the expenses incurred by the International Monetary
Fund in administering the Enhanced Structural Adjustment Facility,
until the Heavily Indebted Poor Countries Initiative (as defined in
section 1623 of the International Financial Institutions Act) is
terminated.
``(d) No Gold Sales by International Monetary Fund Without Prior
Authorization by the Congress.--(1) The first sentence of section 5 of
the Bretton Woods Agreements Act (22 U.S.C. 286c) is amended in clause
(g) by striking ``approve either the disposition of more than 25
million ounces of Fund gold for the benefit of the Trust Fund
established by the Fund on May 6, 1976, or the establishment of any
additional trust fund whereby resources of the International Monetary
Fund would be used for the special benefit of a single member, or of a
particular segment of the membership, of the Fund.'' and inserting
``approve any disposition of Fund gold, unless the Secretary certifies
to the Congress that such disposition is necessary for the Fund to
restitute gold to its members, or for the Fund to provide liquidity
that will enable the Fund to meet member country claims on the Fund or
to meet threats to the systemic stability of the international
financial system.''.
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``(2) Not less than 30 days prior to the entrance by the United States
into international negotiations for the purpose of reaching agreement on
the disposition of Fund gold whereby resources of the Fund would be used
for the special benefit of a single member, or of a particular segment of
the membership of the Fund, the Secretary of the Treasury shall consult
with the Committees on Banking and Financial Services, on Appropriations,
and on International Relations of the House of Representatives and the
Committees on Foreign Relations, on Appropriations, and on Banking, Housing
and Urban Affairs of the Senate.
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``(e) Annual Report by GAO on Consistency of IMF Practices With
Statutory Policies.--The Comptroller General of the United States shall
annually prepare and submit to the Congress of the United States a
written report on the extent to which the practices of the
International Monetary Fund are consistent with the policies of the
United States, as expressly contained in Federal law applicable to the
International Monetary Fund.''.
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(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund to use aggressively the voice and
vote of the Executive Director to do the following:
(1) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund in
structuring programs and assistance so as to promote
policies and actions that will contribute to exchange
rate stability and avoid competitive devaluations that
will further destabilize the international financial
and trading systems.
(2) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund in
promoting market-oriented reform, trade liberalization,
economic growth, democratic governance, and social
stability through--
(A) establishing an independent monetary
authority, with full power to conduct monetary
policy, that provides for a non-inflationary
domestic currency that is fully convertible in
foreign exchange markets;
(B) opening domestic markets to fair and open
internal competition among domestic enterprises
by eliminating inappropriate favoritism for
small or large businesses, eliminating elite
monopolies, creating and effectively
implementing anti-trust and anti-monopoly laws
to protect free competition, and establishing
fair and accessible legal procedures for
dispute settlement among domestic enterprises;
(C) privatizing industry in a fair and
equitable manner that provides economic
opportunities to a broad spectrum of the
population, eliminating government and elite
monopolies, closing loss-making enterprises,
and reducing government control over the
factors of production;
(D) economic deregulation by eliminating
inefficient and overly burdensome regulations
and strengthening the legal framework
supporting private contract and intellectual
property rights;
(E) establishing or strengthening key
elements of a social safety net to cushion the
effects on workers of unemployment and
dislocation; and
(F) encouraging the opening of markets for
agricultural commodities and products by
requiring recipient countries to reduce trade
barriers.
(3) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund, in
concert with appropriate international authorities and
other international financial institutions (as defined
in section 1701(c)(2)), in strengthening financial
systems in developing countries, and encouraging the
adoption of sound banking principles and practices,
including the development of laws and regulations that
will help to ensure that domestic financial
institutions meet strong standards regarding capital
reserves, regulatory oversight, and transparency.
(4) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund, in
concert with appropriate international authorities and
other international financial institutions (as defined
in section 1701(c)(2)), in facilitating the development
and implementation of internationally acceptable
domestic bankruptcy laws and regulations in developing
countries, including the provision of technical
assistance as appropriate.
(5) Vigorously promote policies that aim at
appropriate burden-sharing by the private sector so
that investors and creditors bear more fully the
consequences of their decisions, and accordingly
advocate policies which include--
(A) strengthening crisis prevention and early
warning signals through improved and more
effective surveillance of the national economic
policies and financial market development of
countries (including monitoring of the
structure and volume of capital flows to
identify problematic imbalances in the inflow
of short and medium term investment capital,
potentially destabilizing inflows of offshore
lending and foreign investment, or problems
with the maturity profiles of capital to
provide warnings of imminent economic
instability), and fuller disclosure of such
information to market participants;
(B) accelerating work on strengthening
financial systems in emerging market economies
so as to reduce the risk of financial crises;
(C) consideration of provisions in debt
contracts that would foster dialogue and
consultation between a sovereign debtor and its
private creditors, and among those creditors;
(D) consideration of extending the scope of
the International Monetary Fund's policy on
lending to members in arrears and of other
policies so as to foster the dialogue and
consultation referred to in subparagraph (C);
(E) intensified consideration of mechanisms
to facilitate orderly workout mechanisms for
countries experiencing debt or liquidity
crises;
(F) consideration of establishing ad hoc or
formal linkages between the provision of
official financing to countries experiencing a
financial crisis and the willingness of market
participants to meaningfully participate in any
stabilization effort led by the International
Monetary Fund;
(G) using the International Monetary Fund to
facilitate discussions between debtors and
private creditors to help ensure that financial
difficulties are resolved without inappropriate
resort to public resources; and
(H) the International Monetary Fund
accompanying the provision of funding to
countries experiencing a financial crisis
resulting from imprudent borrowing with efforts
to achieve a significant contribution by the
private creditors, investors, and banks which
had extended such credits.
(6) Vigorously promote policies that would make the
International Monetary Fund a more effective mechanism,
in concert with appropriate international authorities
an other international financial institutions (as
defined in section 1701(c)(2)), for promoting good
governance principles within recipient countries by
fostering structural reforms, including procurement
reform, that reduce opportunities for corruption and
bribery, and drug-related money laundering.
(7) Vigorously promote the design of International
Monetary Fund programs and assistance so that
governments that draw on the International Monetary
Fund channel public funds away from unproductive
purposes, including large ``show case'' projects and
excessive military spending, and toward investment in
human and physical capital as well as social programs
to protect the neediest and promote social equity.
(8) Work with the International Monetary Fund to
foster economic prescriptions that are appropriate to
the individual economic circumstances of each recipient
country, recognizing that inappropriate stabilization
programs may only serve to further destabilize the
economy and create unnecessary economic, social, and
political dislocation.
(9) Structure the International Monetary Fund
programs and assistance so that the maintenance and
improvement of core labor standards are routinely
incorporated as an integral goal in the policy dialogue
with recipient countries, so that--
(A) recipient governments commit to affording
workers the right to exercise internationally
recognized core worker rights, including the
right of free association and collective
bargaining through unions of their own
choosing;
(B) measures designed to facilitate labor
market flexibility are consistent with such
core worker rights; and
(C) the staff of the International Monetary
Fund surveys the labor market policies and
practices of recipient countries and recommends
policy initiatives that will help to ensure the
maintenance or improvement of core labor
standards.
(10) Vigorously promote International Monetary Fund
programs and assistance that are structured to the
maximum extent feasible to discourage practices which
may promote ethnic or social strife in a recipient
country.
(11) Vigorously promote recognition by the
International Monetary Fund that macroeconomic
developments and policies can affect and be affected by
environmental conditions and policies, and urge the
International Monetary Fund to encourage member
countries to pursue macroeconomic stability while
promoting environmental protection.
(12) Facilitate greater International Monetary Fund
transparency, including by enhancing accessibility of
the International Monetary Fund and its staff,
fostering a more open release policy toward working
papers, past evaluations, and other International
Monetary Fund documents, seeking to publish all Letters
of Intent to the International Monetary Fund and Policy
Framework Papers, and establishing a more open release
policy regarding Article IV consultations.
(13) Facilitate greater International Monetary Fund
accountability and enhance International Monetary Fund
self-evaluation by vigorously promoting review of the
effectiveness of the Office of Internal Audit and
Inspection and the Executive Board's external
evaluation pilot program and, if necessary, the
establishment of an operations evaluation department
modeled on the experience of the International Bank for
Reconstruction and Development, guided by such key
principles as usefulness, credibility, transparency,
and independence.
(14) Vigorously promote coordination with the
International Bank for Reconstruction and Development
and other international financial institutions (as
defined in section 1701(c)(2)) in promoting structural
reforms which facilitate the provision of credit to
small businesses, including microenterprise lending,
especially in the world's poorest, heavily indebted
countries.
(15) \51\ Work with the International Monetary Fund
to--
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\51\ Sec. 7703(a) of the 9/11 Commission Implementation Act of 2004
(title VII of Public Law 108-458; 118 Stat. 3860) added para. (15).
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(A) foster strong global anti-money
laundering (AML) and combat the financing of
terrorism (CFT) regimes;
(B) ensure that country performance under the
Financial Action Task Force anti-money
laundering and counterterrorist financing
standards is effectively and comprehensively
monitored;
(C) ensure note is taken of AML and CFT
issues in Article IV reports, International
Monetary Fund programs, and other regular
reviews of country progress;
(D) ensure that effective AML and CFT regimes
are considered to be indispensable elements of
sound financial systems; and
(E) emphasize the importance of sound AML and
CFT regimes to global growth and development..
(b) Coordination With Other Executive Departments.--To the
extent that it would assist in achieving the goals described in
subsection (a), the Secretary of the Treasury shall pursue the
goals in coordination with the Secretary of State, the
Secretary of Labor, the Secretary of Commerce, the
Administrator of the Environmental Protection Agency, the
Administrator of the Agency for International Development, and
the United States Trade Representative.
SEC. 1504.\52\ ADMINISTRATIVE PROVISIONS.
(a) Achievement of Certain Policy Goals.--The Secretary of
the Treasury should instruct the United States Executive
Director at each multilateral development institution to inform
the institution of the following United States policy goals,
and use the voice and vote of the United States to achieve the
goals at the institution before June 30, 2005:
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\52\ 22 U.S.C. 262o-3. Sec. 581 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004 (division D of
Public Law 108-199; 118 Stat. 202) added sec. 1504.
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(1) No later than 60 calendar days after the Board of
Directors of the institution approves the minutes of a
Board meeting, the institution shall post on its
website an electronic version of the minutes, with
material deemed too sensitive for public distribution
redacted.
(2) The institution shall keep a written transcript
or electronic recording of each meeting of its Board of
Directors and preserve the transcript or recording for
at least 10 years after the meeting.
(3) All public sector loan, credit and grant
documents, country assistance strategies, sector
strategies, and sector policies prepared by the
institution and presented for endorsement or approval
by its Board of Directors, with materials deemed too
sensitive for public distribution redacted or withheld,
shall be made available to the public 15 calendar days
before consideration by the Board or, if not then
available, when the documents are distributed to the
Board. Such documents shall include the resources and
conditionality necessary to ensure that the borrower
complies with applicable laws in carrying out the terms
and conditions of such documents, strategies, or
policies, including laws pertaining to the integrity
and transparency of the process such as public
consultation, and to public health and safety and
environmental protection.
(4) The institution shall post on its website an
annual report containing statistical summaries and case
studies of the fraud and corruption cases pursued by
its investigations unit.
(5) The institution shall require that any health,
education, or poverty-focused loan, credit, grant,
document, policy, or strategy prepared by the
institution includes specific outcome and output
indicators to measure results, and that the indicators
and results be published periodically during the
execution, and at the completion, of the project or
program.
(6) The institution shall establish a plan and
schedule for conducting regular, independent audits of
internal management controls and procedures for meeting
operational objectives, complying with Bank policies,
and preventing fraud, and making reports describing the
scope and findings of such audits available to the
public.
(7) The institution shall establish effective
procedures for the receipt, retention, and treatment
of: (A) complaints received by the Bank regarding
fraud, accounting, mismanagement, internal accounting
controls, or auditing matters; and (B) the
confidential, anonymous submission by employees of the
Bank of concerns regarding fraud, accounting,
mismanagement, internal accounting controls, or
auditing matters.
(b) Not later than September 1, 2004, and 6 months
thereafter, the Secretary of the Treasury shall submit a report
to the appropriate congressional committees describing the
actions taken by each multilateral development institution to
implement the policy goals described in subsection (a), and any
further actions that need to be taken to fully implement such
goals.
(c) Publication of Written Statements Regarding Inspection
Mechanism Cases.--No later than 60 calendar days after a
meeting of the Board of Directors of a multilateral development
institution, the Secretary of the Treasury should provide for
publication on the website of the Department of the Treasury of
any written statement presented at the meeting by the United
States Executive Director at the institution concerning--
(1) a project on which a claim has been made to the
inspection mechanism of the institution; or
(2) a pending inspection mechanism case.
(d) Congressional Briefings.--The Secretary of the Treasury
or the designee of the Secretary should brief the appropriate
congressional committees, when requested, on the steps that
have been taken by the United States Executive Director at any
multilateral development institution, and by any such
institution, to implement the measures described in this
section.
(e) Publication of ``No'' Votes and Abstentions by the
United States.--Each month, the Secretary of the Treasury
should provide for posting on the website of the Department of
the Treasury of a record of all ``no'' votes and abstentions
made by the United States Executive Director at any
multilateral development institution on any matter before the
Board of Directors of the institution.
(f) Multilateral Development Institution Defined.--In this
section, the term ``multilateral development institution''
shall have the meaning given in section 1701(c)(3).
SEC. 1505.\53\ PROMOTION OF POLICY GOALS.
(a) The Secretary of the Treasury shall instruct the United
States Executive Director at each multilateral development bank
to inform each such bank and the executive directors of each
such bank of the policy of the United States as set out in this
section and to actively promote this policy and the goals set
forth in section 1504 of this Act. It is the policy of the
United States that each bank should--
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\53\ 22 U.S.C. 262o-4. Sec. 599B of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102; 119 Stat. 2241), added sec. 1505.
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(1) require the bank's employees, officers and
consultants to make an annual disclosure of their
financial interests and income and of any other
potential source of conflict of interest;
(2) link project and program design and results to
management and staff performance appraisals, salaries,
and bonuses;
(3) implement voluntary disclosure programs for firms
and individuals participating in projects financed by
such bank;
(4) ensure that all loan, credit, guarantee, and
grant documents and other agreements with borrowers
include provisions for the financial resources and
conditionality necessary to ensure that a person or
country that obtains financial support from a bank
complies with applicable bank policies and national and
international laws in carrying out the terms and
conditions of such documents and agreements, including
bank policies and national and international laws
pertaining to the comprehensive assessment and
transparency of the activities related to access to
information, public health, safety, and environmental
protection;
(5) implement clear anti-corruption procedures
setting forth the circumstances under which a person
will be barred from receiving a loan, contract, grant,
guarantee or credit from such bank, make such
procedures available to the public, and make the
identity of such person available to the public;
(6) coordinate policies across multilateral
development banks on issues including debarment, cross-
debarment, procurement guidelines, consultant
guidelines, and fiduciary standards so that a person
that is debarred by one such bank is subject to a
rebuttable presumption of ineligibility to conduct
business with any other such bank during the specific
ineligibility period;
(7) require each bank borrower and grantee and each
bidder, supplier and contractor for MDB projects to
comply with the highest standard of ethics prohibiting
coercive, collusive, corrupt and fraudulent practices,
such as are defined in the World Bank's Procurement
Guidelines of May, 2004;
(8) maintain a functionally independent
Investigations Office, Auditor General Office and
Evaluation Office that are free from interference in
determining the scope of investigations (including
forensic audits), internal auditing (including
assessments of management controls for meeting
operational objectives and complying with bank
policies), performing work and communicating results,
and that regularly report to such bank's board of
directors and, as appropriate and in a manner
consistent with such functional independence of the
Investigations Office and the Auditor General Office,
to the bank's President;
(9) require that each candidate for adjustment or
budget support loans demonstrate transparent budgetary
and procurement processes including budget publication
and public scrutiny prior to loan or grant approval;
(10) require that for each project where compensation
is to be provided to persons adversely affected by the
project, such persons have recourse to an impartial and
responsive mechanism to receive and resolve complaints.
The mechanism should be easily accessible to all
segments of the affected community without impeding
access to other judicial or administrative remedies and
without retribution;
(11) implement best practices in domestic laws and
international conventions against corruption for
whistleblower and witness disclosures and protections
against retaliation for internal and lawful public
disclosures by the bank's employees and others affected
by such bank's operations who challenge illegality or
other misconduct that could threaten the bank's
mission, including: (1) best practices for legal
burdens of proof; (2) access to independent
adjudicative bodies, including external arbitration
based on consensus selection and shared costs; and (3)
results that eliminate the effects of proven
retaliation; and
(12) require, to the maximum extent possible, that
all draft country strategies are issued for public
consideration no less than 45 days before the country
strategy is considered by the multilateral development
bank board of directors.
(b) The Secretary of the Treasury shall, beginning thirty
days after the enactment of this Act and within sixty calendar
days of the meeting of the respective bank's Board of Directors
at which such decisions are made, publish on the Department of
the Treasury website a statement or explanation of the United
States position on decisions related to: (1) operational
policies; and (2) any proposal which would result or be likely
to result in a significant effect on the environment.
(c) In this section the term ``multilateral development
bank'' has the meaning given that term in section 1307 of the
International Financial Institutions Act (22 U.S.C. 262m-7) and
also includes the European Bank for Reconstruction and
Development and the Global Environment Facility.
TITLE XVI--HUMAN WELFARE \30\
Sec. 1601.\54\ (a) The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development and the
International Development Association to initiate discussions
with other directors of the respective institutions and to
propose that--
---------------------------------------------------------------------------
\54\ 22 U.S.C. 262p.
---------------------------------------------------------------------------
(1) guidelines be established which reflect clear and
tangible concern for the impact adjustment lending
programs, and the activities in support of which such
lending is made, have and will have on human welfare;
and
(2) impact statements be required which assess the
effect an adjustment lending program, and the
activities in support of which such lending is made,
will have on the poor of the country to which such
lending is made.
(b) In the discussions referred to in subsection (a) with
respect to the impact statement described in paragraph (2) of
such subsection, the United States Executive Director should
propose that such impact statements--
(1) specify what the projected effects of the
adjustment loan will be on the poor;
(2) explain what procedures have been or will be
taken to strengthen the in-country capacity of the
borrower to--
(A) monitor nutrition levels in a timely
manner; and
(B) measure the impact an adjustment loan,
and the policies and activities in support of
which such loan is made, has on the living
standards of the country's population,
especially the poorest; and
(3) indicate specifically what steps the borrower
will take to--
(A) mitigate any adverse effect the policies
and activities in support of which an
adjustment loan is made are expected to have on
the living standards of the poor (including the
use of the proceeds of any adjustment loan,
project aid, or other compensatory measure to
mitigate such effect); and
(B) maximize the extent of the participation
of the poor in the economic benefits resulting
from an adjustment loan.
(c) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International
Development Association to request the management of the
respective institutions to prepare a report for distribution to
member governments no later than June 30, 1988, that--
(1) assesses the impact on the poor of structural
adjustment in countries to which structural adjustment
lending has been made; and
(2) specifies the steps that have been or will be
taken by the respective institution to--
(A) mitigate any adverse effect of adjustment
lending, and the activities in support of which
such lending is made, on the living standards
of the poor in the countries to which such
loans are made; and
(B) ensure the participation of the poor in
the economic benefits resulting from adjustment
lending and the activities in support of which
such lending is made.
(d) For purposes of this section and section 1302, the term
``adjustment lending'' means nonproject lending in support of
structural macroeconomic reforms or sectoral economic reform.
Sec. 1602.\55\ (a) The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development and the
International Development Association to initiate discussions
with other directors of such institutions and to propose the
establishment of a Grassroots Collaboration Program to develop
improved mechanisms for involving, directly or indirectly,
nongovernmental organizations in the design, implementation,
and monitoring of development projects financed by, or
development policies established by, such bank or association
in order to alleviate poverty and promote environmental
protection, including--
---------------------------------------------------------------------------
\55\ 22 U.S.C. 262p-1.
---------------------------------------------------------------------------
(1) encouraging nongovernmental organizations in
borrowing countries to participate in all stages of
project planning and country strategy activities to--
(A) minimize any adverse impact of such
projects or activities on the poor people of
such country;
(B) minimize any adverse impact of such
projects or activities on the environment of
such country; and
(C) maximize the extent to which such
projects or activities will benefit the poor
people of such country;
(2) increasing the direct involvement of
nongovernmental organizations in project design,
implementation, or monitoring whenever such
organizations have a distinct comparative advantage
over other entities in providing such services by
virtue of their grassroots involvement with poor
people, especially women, in a borrowing country;
(3) providing microenterprise credit for small scale
economic activities through nongovernmental
organizations;
(4) supporting the enhancement of the institutional
capacity of nongovernmental organizations in borrowing
countries as development practitioners; and
(5) establishing or supporting jointly funded
intermediary mechanisms with nongovernmental
organizations to facilitate increased collaboration
between such bank or association and nongovernmental
organizations in borrowing countries.
(b) It is the sense of the Congress that the Grassroots
Collaboration Program described in subsection (a) should be
implemented and financed as part of the normal operations of
the International Bank for Reconstruction and Development and
the International Development Association.
(c) To the extent the activities under the Grassroots
Collaboration Program described in subsection (a) need more
flexible financing, it is the sense of the Congress that--
(1) such activities could be funded through a grant
from the net income of the International Bank for
Reconstruction and Development; and
(2) an initial grant of not less than $50,000,000
should be made for such activities with subsequent
annual allocations of such additional amounts as may be
necessary to allow the Grassroots Collaboration Program
to maximize collaboration with nongovernmental
organizations in the alleviation of poverty and the
protection of the environment.
(d) \56\ * * * [Repealed--1989]
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\56\ Sec. 541 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
reporting requirements into new secs. 1701 through 1703 and titles
XVIII and XIX of the International Financial Institutions Act and
repealed duplicative requirements in other legislation. Sec. 541(d)(4)
repealed subsec. (d).
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(e) \57\ Each annual report to the Congress by the National
Advisory Council on International Monetary and Financial
Policies shall describe the status of the establishment and
operation of the Grassroots Collaboration Program described in
subsection (a), the activities undertaken by the Program, and
the sum of the amounts expended by the Program.
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\57\ Sec. 583(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (sec. 101(d) of division I of
Public Law 105-277; 112 Stat. 2681-202) states that the requirements of
subsec. (e) shall no longer apply to the contents of the annual report
of the National Advisory Council on International Monetary and
Financial Policies, as required by sec. 1701 of the International
Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
262r).
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Sec. 1603.\58\ (a) The Secretary of the Treasury shall
instruct the United States Executive Directory of the
International Bank for Reconstruction and Development and the
International Development Association to initiate discussions
with other directors of such Bank or Association to propose
that--
---------------------------------------------------------------------------
\58\ 22 U.S.C. 262p-2.
---------------------------------------------------------------------------
(1) in carrying on the activities of the Bank or
Association, the Bank or Association take such steps as
may be necessary to increase access for the poor people
of a borrowing country to formal sources of credit; and
(2) the Bank or Association include a requirement in
all appropriate project and nonproject agreements, as a
condition for assistance under such agreements, that
the borrowing country identify and remove unreasonable
legal and regulatory barriers to--
(A) the establishment or operation of
organizations which extend credit; and
(B) the provision of credit to
microenterprises for small scale economic
activities.
(b) The Secretary of the Treasury shall instruct the United
States Executive Directors of the African Development Bank and
the Asian Development Bank to initiate discussions with other
directors of the respective banks and to propose that each such
bank--
(1) examine the Program for the Financing of Small
Projects of the Inter-American Development Bank and the
steps taken by such bank to link the Program to the
mainstream operation of the bank; and
(2) explore ways and means to establish similar
program within the respective banks to provide credit
to microenterprises for small scale economic
activities.
(c) \59\ Each annual report to the Congress by the National
Advisory Council on International Monetary and Financial
Policies shall describe the status of the microenterprise
credit promotion activities of each of the institutions
referred to in subsection (a) or (b).
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\59\ Sec. 583(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (sec. 101(d) of division I of
Public Law 105-277; 112 Stat. 2681-202) states that the requirements of
subsec. (c) shall no longer apply to the contents of the annual report
of the National Advisory Council on International Monetary and
Financial Policies, as required by sec. 1701 of the International
Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
262r).
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Sec. 1604.\60\ (a) Congress hereby declares that it is the
policy of the United States that multilateral development banks
should--
---------------------------------------------------------------------------
\60\ 22 U.S.C. 262p-3.
---------------------------------------------------------------------------
(1) fully involve women in borrowing countries in the
identification, planning, implementation, and
evaluation of mainstream development activities
financed by such banks;
(2) recognize and support women's direct and indirect
roles in the economic development of their countries
and communities;
(3) recognize and support women's direct and indirect
roles in the education and social development of, the
maintenance of the health of, and in the provision of
adequate nutrition for, family members and communities,
especially children;
(4) work to remove legal and customary barriers which
impede the full participation of women in economic and
social development, such as lack of access to credit,
property rights, education, health care, and government
services; and
(5) involve women's groups in borrowing countries in
project identification and preparation in order to
factor their assessments of women's economic and social
needs into project design.
(b) The Secretary of the Treasury shall instruct--
(1) the United States Executive Director of the
International Bank for Reconstruction and Development
and the International Development Association to
support attempts to strengthen the role of the Women in
Development division in policy development, project
design and implementation, and evaluation; and
(2) the United States Executive Directors of the
regional and multilateral development banks to support
exploring the establishment of a mechanism, or the
strengthening of any existing mechanism, within each of
the respective banks, to advise, advocate, and promote
the full integration of women in the planning, design,
implementation, and evaluation of lending activities
both in borrowing countries and within the banks.
(c) \61\ Each annual report to the Congress by the National
Advisory Council on International Monetary and Financial
Policies shall describe the actions taken by the multilateral
development banks to implement the policies established under
this section.
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\61\ Sec. 583(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (sec. 101(d) of division I of
Public Law 105-277; 112 Stat. 2681-202) states that the requirements of
subsec. (c) shall no longer apply to the contents of the annual report
of the National Advisory Council on International Monetary and
Financial Policies, as required by sec. 1701 of the International
Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
262r).
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Sec. 1605.\62\ The Secretary of the Treasury shall instruct
the United States Executive Director of each multilateral
development bank to initiate discussions with other executive
directors of the respective bank and to propose that the bank
take such steps as may be necessary--
---------------------------------------------------------------------------
\62\ 22 U.S.C. 262p-4.
---------------------------------------------------------------------------
(1) to determine, at the time an initial feasibility
study is conducted with respect to a proposed project
and to the fullest extent possible, the impact such
project would have on indigenous people in the
borrowing country;
(2) to ensure compliance with loan conditionalities
relating to the protection of the rights of indigenous
people to lands and resources; and
(3) to consult with indigenous people, and
nongovernmental organizations representing indigenous
people, at every phase of loan design, planning,
implementation, and monitoring.
SEC. 1606.\63\ LOAN PROGRAMS TO REDUCE ECONOMIC DEPENDENCE ON ILLICIT
NARCOTICS.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\63\ 22 U.S.C. 262p-4a. Sec 1606 was added by sec. 6 of H.R. 4645
as enacted into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
The sec. 1606 previously appearing at this point was redesignated as
sec. 1612.
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(1) the illicit narcotics epidemic currently
afflicting the United States represents a direct threat
to the well-being of every United States citizen;
(2) every effective means must be pursued to reduce
the foreign production and subsequent importation into
the United States of illicit narcotics;
(3) the multilateral development banks can play an
integral role in efforts to control the production of
illicit narcotics;
(4) producer country narcotics eradication programs
will not be effective unless such programs provide an
economic alternative to the production of narcotics;
(5) efforts to address the illicit narcotics epidemic
through production control are doomed to failure unless
greater effort is applied to curb use of and demand for
illicit narcotics; and
(6) the appropriate role for the multilateral
development banks in the ``War Against Drugs'' is
through coordinating and financing alternative economic
opportunities in producer and trafficking countries.
(b) Loan Programs to Reduce Economic Dependence on Illicit
Narcotics.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development and the United States Executive
Director of the Inter-American Development Bank to initiate
discussion with other executive directors of such institutions
and to advocate and support the creation, within such
institutions, of specific country lending programs and policies
(including crop substitution, creation of roads conducive to
the expansion of markets for licit goods, other infrastructure
development measures such as development projects generating
employment, agricultural extension assistance, and region-
specific development plans) which are particularly oriented to
reducing or eliminating the economic dependence of regions of
borrowing countries known to be areas in which illicit
narcotics are produced or trafficked, on such production and
trafficking.
(c) Coordination Among Assistance Programs Designed to
Reduce Economic Dependency on Illicit Narcotics.--In addition,
the Secretary of the Treasury should instruct the United States
Executive Director of the International Bank for Reconstruction
and Development and the United States Executive Director of the
Inter-American Development Bank to encourage such institutions
to provide coordination among other multilateral and bilateral
assistance programs designed to reduce the economic dependence
of regions of borrowing countries known to be areas in which
illicit narcotics are produced or trafficked, on such
production and trafficking.
SEC. 1607.\64\ DIRECTIVES REGARDING GOVERNMENT-OWNED ENTERPRISES IN
COUNTRIES RECEIVING WORLD BANK LOANS.
(a) Finding.--The Congress finds that a principal focus of
United States Government policy in the multilateral development
banks has been and should be to foster greater development of
the private sector in member borrowing countries of such banks.
---------------------------------------------------------------------------
\64\ 22 U.S.C. 262p-4b. Sec. 1607 was added by sec. 7 of H.R. 4645
as enacted into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
---------------------------------------------------------------------------
(b) Technical Assistance to Transform Government-Owned
Enterprises Into Privately Owned Enterprises.--In order to
assist and strengthen the advancement of ongoing efforts to
have the International Bank for Reconstruction and Development
play a key role in building a viable private sector in member
borrowing countries of such bank, and to further assist such
bank in its determination to facilitate the transfer of
government-owned enterprises in such countries to private
ownership, the Secretary of the Treasury shall instruct the
United States Executive Director of such bank to vigorously
encourage the provision of technical assistance to such
countries (relying, where appropriate, on the expertise of the
International Finance Corporation or the Multilateral
Investment Guarantee Agency) to transform enterprises owned, in
whole or part, by the governments of such countries into
privately owned, self-sufficient enterprises. Such technical
assistance may involve the valuation of the assets of such
government-owned enterprises, the assessment of tender offers,
and the creation or strengthening of market-based mechanisms to
facilitate such a transfer of ownership.
(c) Reports.--
(1) In general.--The United States Executive Director
of the International Bank for Reconstruction and
Development shall submit 3 reports to the Congress on--
(A) the progress made in transforming
government owned enterprises into privately
owned enterprises as described in subsection
(b);
(B) the performance of the privately owned
enterprises resulting from such transformation;
and
(C) the contributions of development finance
companies toward strengthening the private
sector in member borrowing countries.
(2) Timing.--The United States Executive Director of
the International bank for Reconstruction and
Development shall submit to the Congress the first
report required by paragraph (2) within 1 year after
the date of the enactment of this section, and shall
submit additional reports 12 months, and 24 months,
after the date the first report is submitted.
SEC. 1608.\65\ INITIATION OF DISCUSSIONS TO FACILITATE DEBT-FOR-
DEVELOPMENT SWAPS FOR HUMAN WELFARE AND
ENVIRONMENTAL CONSERVATION.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\65\ 22 U.S.C. 262p-4c. Sec. 1608 was added by sec. 8 of H.R. 4645
as enacted into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
---------------------------------------------------------------------------
(1) voluntary debt-for-development swaps in heavily
indebted developing nations can simultaneously
facilitate reduction of the burden of external
indebtedness and increase the resources available
within the country for charitable, educational, and
scientific purposes, including environmental
conservation, educational, and scientific purposes,
including environmental conservation, education, human
welfare, health, agricultural research and development,
microenterprise credit, and development of indigenous
nonprofit organizations; and
(2) heavily indebted developing countries may desire
to facilitate such swaps to the maximum extent
consistent with sound domestic economic management and
minimization of inflationary impact.
(b) Initiation of Discussions to Facilitate Debt-For-
Development Swaps for Human Welfare and Environmental
Conservation.--
(1) In general.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development
to initiate discussions with the directors of such
bank, the International Development Association, and
the International Finance Corporation and propose that
such institutions provide advice and assistance, as
appropriate, to borrowing country governments desiring
to facilitate debt-for-development swaps, on mechanisms
(including trust funds) to accomplish this purpose,
particularly in the context of debt rescheduling, which
mechanisms result in sound management of the
macroeconomic impact of such swaps on such countries,
and preserve the value of the capital obtained through
such swaps.
(2) Definitions.--As used in this section:
(A) Debt-for-development swap.--The term
``debt-for-development swap'' means the
purchase of qualified debt by, or the donation
of such debt to, an organization described in
section 501(c)(3) of the Internal Revenue Code
of 1986 which is exempt from taxation under
section 501(a) of such Code, and the subsequent
transfer of such debt to an organization
located in such foreign country in exchange for
an undertaking by such tax-exempt organization,
such foreign government, or such foreign
organization to engage in a charitable,
educational, or scientific activity.
(B) Qualified debt.--The term ``qualified
debt'' means--
(i) sovereign debt issued by a
foreign government;
(ii) debt owed by private
institutions in the country governed by
such foreign government; and
(iii) debt owed by institutions in
the country governed by such foreign
government, which are owned, in part,
by private persons and, in part, by
public institutions.
SEC. 1609.\66\ INITIATION OF DISCUSSIONS TO FACILITATE FINANCING OF
HUMAN WELFARE AND NATURAL RESOURCE PROGRAMS IN SUB-
SAHARAN AFRICA IN CONNECTION WITH DEBT REDUCTION
AND CONVERSION.
(a) Finding.--The Congress finds that--
---------------------------------------------------------------------------
\66\ 22 U.S.C. 262p-4d. Added by sec. 9 of H.R. 4645 as enacted
into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
---------------------------------------------------------------------------
(1) the heavy burden of debt borne by sub-Saharan
governments undermines efforts by such governments to
finance projects and programs designed to promote
charitable, educational, and scientific purposes,
including education, human welfare, health,
agricultural research and development, and
conservation, restoration and enhancement of the
natural resource base; and
(2) the financing of programs to promote such
charitable, educational, and scientific purposes should
be facilitated in the context of reducing and
converting sovereign debt of sub-Saharan governments,
as encouraged in the final communique of the June 1988
economic summit conference in Toronto, Canada, through
such means as--
(A) concessional interest rates;
(B) extended repayment periods; or
(C) partial or complete write-offs of debt
service obligations.
(b) Initiation of Discussions To Facilitate Financing of
Human Welfare and Natural Resource Programs in Sub-Saharan
Africa in Connection With Debt Reduction and Conversion.--The
Secretary of the Treasury shall instruct the United States
Executive Director of the African Development Bank and the
African Development Fund to initiate discussions with the
directors of such institutions and propose that such
institutions, jointly with the International Bank for
Reconstruction and Development, International Development
Association, and the International Finance Corporation, as
appropriate, provide advice and assistance to government
creditors holding sovereign debt of any sub-Saharan government,
and to sub-Saharan governments which desire to finance programs
with local currencies obtained through debt reduction and
conversion to promote charitable, educational, and scientific
(including conservation and restoration of natural resources)
purposes, as a condition of reducing or converting such
sovereign debt.
SEC. 1610.\67\ EXTENT TO WHICH BORROWING COUNTRY GOVERNMENTS HAVE
HONORED DEBT-FOR-DEVELOPMENT SWAP AGREEMENTS TO BE
CONSIDERED AS FACTOR IN MAKING LOANS TO SUCH
BORROWERS.
(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development to
initiate discussions with the directors of such bank and
propose that such bank consider, as an important factor in
making loans to borrowing country governments, the history of
compliance by such governments with, and the extent to which
such governments have honored, agreements entered into by such
governments as part of any debt-for-development swap which
requires such governments to set aside or otherwise limit the
use of real property to conservation purposes.
---------------------------------------------------------------------------
\67\ 22 U.S.C. 262p-4e. Sec. 1610 was added by sec. 10 of H.R. 4645
as enacted into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
---------------------------------------------------------------------------
(b) Definitions.--As used in this section:
(1) Debt-for-development swap.--The term ``debt-for-
development swap'' means the purchase of qualified debt
by, or the donation of such debt to, an organization
described in section 501(c)(3) of the Internal Revenue
code of 1986 which is exempt from taxation under
section 501(a) of such Code, and the subsequent
transfer of such debt to an organization located in
such foreign country in exchange for an undertaking by
such tax-exempt organization, such foreign government,
or such foreign organization to engage in a charitable,
educational, or scientific activity.
(2) Qualified debt.--The term ``qualified debt''
means--
(A) sovereign debt issued by a foreign
government;
(B) debt owed by private institutions in the
country governed by such foreign government;
and
(C) debt owed by institutions in the country
governed by such foreign government which are
owned, in part, by private persons and, in
part, by public institutions.
SEC. 1611.\68\ ASSISTANCE TO COUNTRIES TO DEVELOP STATISTICAL
ASSESSMENT OF THE WELL-BEING OF THE POOR.
(a) Finding.--The Congress finds that--
---------------------------------------------------------------------------
\68\ 22 U.S.C. 262p-4f. Added by sec. 11 of H.R. 4645 as enacted
into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
---------------------------------------------------------------------------
(1) improvements in the capacity of developing
countries to measure and monitor regularly the
nutritional and physical well-being of the poorest 40
percent of the population of each of such countries is
essential to the development of policies to reduce
absolute poverty;
(2) internationally accepted statistical indicators
that measure reliably the extent of absolute poverty
and identify the location and characteristics of the
poor are being developed and refined to guide policy
formulation and target assistance to the poor;
(3) such guidance by indicators is, however, not able
to be used in some developing countries, especially the
poorest countries, due to the woeful unavailability of
statistical data;
(4) the International Bank for Reconstruction and
Development and the International Development
Association have the technical and financial capability
to assist borrowing country governments to develop such
statistical measurement capabilities for social
indicators necessary for the design and monitoring of
poverty-reduction policies for such governments;
(5) availability of social indicator data is also
essential to the work of such institutions,
particularly in monitoring the impact of structural
adjustment lending on the poor; and
(6) availability of such indicators will also
facilitate the measurement of progress in the
alleviation of poverty by other donor agencies, public
and private.
(b) Assistance to Countries to Develop Statistical
Assessment of the Well-Being of the Poor.--The Secretary of the
treasury shall instruct the United States Executive Director of
the International Bank for Reconstruction and Development and
the International Development Association to advocate and
support, as an immediate priority, assistance by such
institutions to borrowing country governments to develop
appropriate statistical measures for assessing the physical
well-being of the poor, by sex and age, by using such
indicators as mortality, health, education, and nutrition, as
well as wealth and income, and maintain and publish such
indicators on an ongoing basis.
SEC. 1612.\69\ DIRECTIVES REGARDING GOVERNMENT-OWNED ENTERPRISES IN
COUNTRIES RECEIVING IADB LOANS.
(a) Finding.--The Congress finds that a principal focus of
United States Government policy in the multilateral development
banks has been and should be to foster greater development of
the private sector in member borrowing countries of such banks.
---------------------------------------------------------------------------
\69\ 22 U.S.C. 262p-4g. Sec. 206 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2499),
redesignated sec. 1612 as 1613 (originally enacted as sec. 1605,
ultimately redesignated as sec. 1622), and added sec. 1612.
---------------------------------------------------------------------------
(b) Technical Assistance to Transform Government-Owned
Enterprises Into Privately Owned Enterprises.--In order to
assist and strengthen the advancement of ongoing efforts to
have the Inter-American Development Bank play a key role in
building a viable private sector in member borrowing countries
of such bank, and to further assist such bank in its
determination to facilitate the transfer of government-owned
enterprises in such countries to private ownership, the
Secretary of the Treasury shall instruct the United States
Executive Director of such bank to vigorously encourage the
provision of technical assistance to such countries to
transform enterprises owned, in whole or in part, by the
governments of such countries into privately owned, self-
sufficient enterprises. Such technical assistance may involve
the valuation of the assets of such government-owned
enterprises, the assessment of tender offers, and the creation
or strengthening of market-based mechanisms to facilitate such
a transfer of ownership.
SEC. 1613.\70\ DISCUSSIONS TO INCREASE THE PRODUCTIVE ECONOMIC
PARTICIPATION OF THE POOR; REPORTS.
(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director for each
multilateral development bank to vigorously and continually
advocate, in all replenishment negotiations and in discussion
with other directors of such bank and with such bank, the
following:
---------------------------------------------------------------------------
\70\ 22 U.S.C. 262p-4h. Sec. 501 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2505)
redesignated sec. 1613 (originally enacted as sec. 1605, ultimately
redesignated as sec. 1622), and added sec. 1613.
---------------------------------------------------------------------------
(1) A major objective of such bank's operations and
financing in each borrowing country, as a long term
priority, should be to increase the productive role of
the poor in the economy of such country.
(2) Such bank should encourage and assist each
borrowing country to develop sustainable national plans
and strategies to eliminate the causes and alleviate
the manifestations of poverty which keep the poor from
leading economically and socially productive lives.
Such plans and strategies should give attention to--
(A) the enhancement of human resources,
including programs for basic nutrition, primary
health services, basic education, and safe
water and basic sanitation;
(B) access to income-generating activities,
employment, and productive assets such as land
and credit; and
(C) consultation with public sector social
agencies and local non-governmental
organizations.
(3) As an integral element of ongoing policy dialogue
with each borrowing country to design structural
adjustment plans and project lending programs, such
bank should provide assistance consistent with
achieving the objectives of the country's national plan
for increasing the productive economic participation of
the poor. Such dialogue should be conducted with
government agencies working in social and economic
sectors and with non-governmental groups in the
borrowing country, especially those that have
grassroots involvement with poor people.
(4) In an annual review document, such bank should
describe the extent to which the goal of increasing the
productive economic participation of the poor is being
advanced or retarded and the steps that are being taken
to overcome obstacles to its fulfillment. Such review
should be based on information contained in the bank's
country implementation review documents and in the
country strategy documents for each borrowing country.
Such country strategy documents should describe the
national strategy for productive economic participation
of the poor and the steps the bank plans to take to
assist the borrowing country during the period covered
by the country strategy document.
(5) Such bank should assist countries in assessing
and monitoring progress in achieving poverty
alleviation goals and targets through measurement by
appropriate social indicators.
(6) Such bank should adopt procedures and budgetary
allocations for administrative purposes, and establish
appropriate staffing levels, to ensure that adequate
resources are available to implement the bank's program
for enhancing the productive economic participation of
the poor, in consultation with non-governmental groups.
(7) Such bank should adopt, as a separate and major
criterion in the allocation of concessional financing
resources, a preferential allocation to each country
which undertakes significant efforts to enhance the
productive economic participation of the poor.
(8) Such bank should require each country which
receives structural adjustment assistance to have in
place, after a reasonable phase-in period, a strategy
to enhance the productive economic participation of the
poor.
(b) Progress Report.--Before the end of the 1-year period
beginning on the date of the enactment of this section, the
Secretary of the Treasury shall submit to the Committee on
Banking, Finance and Urban Affairs \12\ and the Committee on
Appropriations of the House of Representatives, and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate, a report on the following:
(1) The status of advocacy and progress being made to
implement the objectives of subsection (a), describing
the success to date, the obstacles encountered, and
future expectations of progress.
(2) A description of the progress to date in
achieving the purposes of section 1611, including the
institutional capacity and effort devoted to assisting
in the development of statistical measures to assess
the well-being of the poor.
(3) A description and evaluation of the progress to
date in developing effective mechanisms for involving
non-governmental organizations, directly or indirectly,
in the design, implementation, and monitoring of
development projects, programs, and policies of the
multilateral development banks.
SEC. 1614.\71\ MULTILATERAL DEVELOPMENT BANKS AND DEBT-FOR-NATURE
EXCHANGES.
(a) Directions to the United States Executive Directors.--
The Secretary of the Treasury shall direct the United States
Executive Directors of the multilateral development banks to--
---------------------------------------------------------------------------
\71\ 22 U.S.C. 262p-4i. Sec. 512 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2508)
redesignated sec. 1614 (originally enacted as sec. 1605) as sec. 1617
(ultimately as sec. 1622), and added secs. 1614 through 1616.
---------------------------------------------------------------------------
(1) negotiate for the creation in each respective
multilateral development bank, except where the
Secretary of the Treasury determines that the
provisions of this subsection have previously been met,
of a department that will--
(A) be responsible for environmental
protection and resource conservation, including
support for restoration, protection, and
sustainable use policies;
(B) develop and monitor strict environmental
guidelines and policies to govern lending
activities; and
(C) actively promote, coordinate and
facilitate debt-for-nature exchanges and the
restoration, protection, and sustainable use of
tropical forests, renewable natural resources,
endangered ecosystems and species in debtor
countries;
(2) support and encourage the approval of
multilateral development bank loans which include
provisions that foster and facilitate the
implementation of a sound and effective environmental
policy in the borrowing country;
(3) encourage the banks to assist such countries in
reducing and restructuring private debt through the use
of a portion of a project or policy based environmental
loan in ways which will enable such countries to buy
back private debt at a rate of discount available for
such debt, at auction in the secondary market or
through negotiations with creditors holding such debt;
(4) seek to ensure that staff of each bank facilitate
debtor countries' collaboration with local and
international non-governmental or private organizations
in implementing debt-for-nature exchanges; and
(5) seek to ensure that each bank adopts policy
guidelines which to the maximum extent possible provide
for--
(A) the inclusion of sustainable use policies
in loan agreements negotiated with borrower
members;
(B) the adoption of economic programs to
foster sound environmental policies; and
(C) the provision of debtor countries' policy
changes or significant increases in financial
resources for use in at least 1 of the
following--
(i) restoration, protection, or
sustainable use of the world's oceans
and atmosphere;
(ii) restoration, protection, or
sustainable use of diverse animal and
plant species;
(iii) establishment, restoration,
protection, and maintenance of parks
and reserves;
(iv) development and implementation
of sound systems of natural resource
management;
(v) development and support of local
conservation programs;
(vi) training programs to strengthen
conservation institutions and increase
scientific, technical, and managerial
capabilities of individuals and
organizations involved in conservation
efforts;
(vii) efforts to generate knowledge,
increase understanding, and enhance
public commitment to conservation;
(viii) design and implementation of
sound programs of land and ecosystem
management; and
(ix) promotion of regenerative
approaches in farming, forestry, and
watershed management.
(b) Negotiation of Guidelines for Restoration, Protection, or
Sustainable Use Policies.--The United States Executive
Directors of the multilateral development banks shall seek to
negotiate with the other executive directors to provide
guidelines for restoration, protection, or sustainable use
policies. Pending the outcome of such negotiations, the United
States Executive Directors shall consider restoration,
protection, or sustainable use policies to be those which--
(1) support development that maintains and restores
the renewable natural resource base so that present and
future needs of debtor countries' populations can be
met, while not impairing critical ecosystems and not
exacerbating global environmental problems;
(2) are environmentally sustainable in that resources
are conserved and managed in an effort to remove
pressure on the natural resource base and to make
judicious use of the land so as to sustain growth and
the availability of all natural resources;
(3) support development that does not exceed the
limits imposed by local hydrological cycles, soil,
climate, vegetation, and human cultural practices;
(4) promote the maintenance and restoration of soils,
vegetation, hydrological cycles, wildlife, critical
ecosystems (tropical forests, wetlands, and coastal
marine resources), biological diversity and other
natural resources essential to economic growth and
human well-being and shall, when using natural
resources, be implemented to minimize the depletion of
such natural resources; and
(5) take steps, wherever feasible, to prevent
pollution that threatens human health and important
biotic systems and to achieve patterns of energy
consumption that meet human needs and relies on
renewable resources.
(c) Inclusion of Certain Items in Guidelines.--The United
States Executive Directors shall endeavor to include the
provisions of paragraphs (1) through (5) of subsection (b) in
the guidelines developed through the negotiations specified in
this section.
SEC. 1615.\72\ PROMOTION OF LENDING FOR THE ENVIRONMENT.
The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development to initiate discussions with the
other executive directors of such bank and the management of
such bank and propose that, in order to reduce the future need
for bank lending for reforestation and restoration of
environmentally degraded areas, the bank establish a project
and policy based environmental lending program (including a
loan a portion of which could be used to reduce and restructure
private debt), to be made available to interested countries
with a demonstrated commitment to natural resource
conservation, which would be based on--
---------------------------------------------------------------------------
\72\ 22 U.S.C. 262p-4j. Sec. 512 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2508) added sec.
1615.
---------------------------------------------------------------------------
(1) the estimated long-term economic return which
could be expected from the sustainable use and
protection of tropical forests, including the value of
tropical forests for indigenous people and for science;
(2) the value derived from such services as--
(A) watershed management;
(B) soil erosion control;
(C) the maintenance and improvement of--
(i) fisheries;
(ii) water supply regulation for
industrial development;
(iii) food;
(iv) fuel;
(v) fodder; and
(vi) building materials for local
communities;
(D) the extraction of naturally occurring
products from locally controlled protected
areas; and
(E) indigenous knowledge of the management
and use of natural resources; and
(3) the long-term benefits expected to be derived
from maintaining biological diversity and climate
stabilization.
SEC. 1616.\73\ PROMOTION OF INSTITUTION-BUILDING FOR NONGOVERNMENTAL
ORGANIZATIONS CONCERNED WITH THE ENVIRONMENT.
The Secretary of the Treasury shall instruct the United
States Executive Directors of the multilateral development
banks to vigorously promote the adoption of policies and
procedures which seek to--
---------------------------------------------------------------------------
\73\ 22 U.S.C. 262p-4k. Sec. 512 of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2510) added sec.
1616.
---------------------------------------------------------------------------
(1) increase collaboration with, and, where
necessary, strengthen, nongovernmental organizations in
such countries which are concerned with environmental
protection by providing appropriate assistance and
support for programs and activities on environmental
protection; and
(2) encourage international collaboration for
information exchange and project enhancement with
nongovernmental organizations in developing countries
which are concerned with environmental protection and
government agencies and private voluntary organizations
in developed countries which are concerned with
environmental protection.
SEC. 1617.\74\ IMPROVEMENT OF INTERACTION BETWEEN INTERNATIONAL BANK
FOR RECONSTRUCTION AND DEVELOPMENT AND
NONGOVERNMENTAL ORGANIZATIONS.
(a) In General.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development to propose, and urge the
Executive Board and the management of the bank to develop and
implement specific mechanisms designed to--
---------------------------------------------------------------------------
\74\ 22 U.S.C. 262p-4l. Added by sec. 562(a)(2) of Public Law 101-
513 (104 Stat. 2032). The former sec. 1617 was redesignated as sec.
1620, and subsequently redesignated as sec. 1622 by Public Law 103-306.
---------------------------------------------------------------------------
(1) substantially improve the ability of the staff of
the bank to interact with nongovernmental organizations
and other local groups that are affected by loans made
by the bank to borrower countries; and
(2) delegate to the field offices of the bank in
borrowing countries greater responsibility for
decisions with respect to proposals for projects in
such countries that are to be financed by the bank.
(b) Certain Mechanisms Urged.--The mechanisms described in
subsection (a) shall include, at a minimum, the following
measures:
(1) An instruction to the management of the bank to
undertake efforts to appropriately train and
significantly increase the number of bank professional
staff (based in Washington, District of Columbia, as of
the date of the enactment of this section) assigned, on
a rotating basis, to field offices of the bank in
borrower countries.
(2) The assignment to at least 1 professional in each
field office of the bank in a borrower country of
responsibility for relations with local nongovernmental
organizations, and for the preparation and submission
to appropriate staff of the bank of a report on the
impact of project loans to be made by the bank to the
country, based on views solicited from local people who
will be affected by such loans, which shall be included
as part of the project appraisal report.
(3) The establishment of the Grassroots Collaboration
Program described in section 1602(a).
(4) Before a project loan is made to a borrower
country, the country is to be required to hold open
hearings on the proposed project during project
identification and project preparation.
(5) The establishment of assessment procedures which
allow affected parties and nongovernmental
organizations to review information describing a
prospective project or policy loan design, in a timely
manner, before the loan is submitted to the Executive
Board for approval.
SEC. 1618.\75\ POPULATION, HEALTH, AND NUTRITION PROGRAMS.
The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development to urge the bank to support an
increase in the amount the bank lends annually to support
population, health, and nutrition programs of the borrower
countries.
---------------------------------------------------------------------------
\75\ 22 U.S.C. 262p-4m. Sec. 562(a)(2) of Public Law 101-513 (104
Stat. 2032) added sec. 1618.
---------------------------------------------------------------------------
SEC. 1619.\76\ EQUAL EMPLOYMENT OPPORTUNITIES.
The Secretary of the Treasury shall instruct the United
States Executive Directors of the multilateral development
banks and of the International Monetary Fund to use the voices
and votes of the Executive Directors to urge their respective
banks and the Fund to adopt a policy which provides, and
implement procedures which ensure, that such banks and the
Fund, and the affiliates of such banks and of the Fund, shall
not discriminate against any person on the basis of race,
ethnicity, gender, color, or religious affiliation in any
determination related to employment.
---------------------------------------------------------------------------
\76\ 22 U.S.C. 262p-4n. Sec. 562(b)(1) of Public Law 101-513 (104
Stat. 2032) added sec. 1619.
---------------------------------------------------------------------------
SEC. 1620.\77\ RESPECT FOR INDIGENOUS PEOPLES.
The Secretary of the Treasury shall direct the United
States Executive Directors of the international financial
institutions (as defined in section 1701(c)(2)) and the United
States representative to the council of the Global Environment
Facility administered by the International Bank for
Reconstruction and Development to use the voice and vote of the
United States to bring about the creation and full
implementation of policies designed to promote respect for and
full protection of the territorial rights, traditional
economies, cultural integrity, traditional knowledge and human
rights of indigenous peoples.
---------------------------------------------------------------------------
\77\ 22 U.S.C. 262p-4o. Sec. 526(e) of Public Law 103-306 (108
Stat. 1633) added sec. 1620.
---------------------------------------------------------------------------
SEC. 1621.\78\ ENCOURAGEMENT OF FAIR LABOR PRACTICES.
(a) The Secretary of the Treasury shall direct the United
States Executive Directors of the international financial
institutions (as defined in section 1701(c)(2)) to use the
voice and vote of the United States to urge the respective
institution--
---------------------------------------------------------------------------
\78\ 22 U.S.C. 262p-4p. Added by sec. 526(e) of Public Law 103-306
(108 Stat. 1633).
---------------------------------------------------------------------------
(1) to adopt policies to encourage borrowing
countries to guarantee internationally recognized
worker rights (within the meaning of section 507(4)
\79\ of the Trade Act of 1974) and to include the
status of such rights as an integral part of the
institution's policy dialogue with each borrowing
country;
---------------------------------------------------------------------------
\79\ Sec. 1954(b)(4) of Public Law 104-188 (110 Stat. 1928) struck
out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
---------------------------------------------------------------------------
(2) in developing the policies referred to in
paragraph (1), to use the relevant conventions of the
International Labor Organization, which have set forth,
among other things, the right of association, the right
to organize and bargain collectively, a prohibition on
the use of any form of forced or compulsory labor, and
certain minimum labor standards that take into account
differences in development levels among nations
including a minimum age for the employment of children,
acceptable conditions of work with respect to minimum
wages, hours of work, and occupational safety and
health; and
(3) to establish formal procedures to screen projects
and programs funded by the institution for any negative
impact in a borrowing country on the rights referred to
in paragraph (1).
(b) The Secretary of the Treasury shall submit to the
Committee on Banking, Finance and Urban Affairs \12\ of the
House of Representatives and the Committee on Foreign Relations
of the Senate by the end of each fiscal year a report on the
extent to which each borrowing country guarantees
internationally recognized worker rights to its labor force and
on progress toward achieving each of the goals described in
subsection (a).
SEC. 1621.\80\ OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
(a) In General.--The then Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other use of the
funds of the respective institution to or for a country for
which the Secretary of State has made a determination under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371).
---------------------------------------------------------------------------
\80\ 22 U.S.C. 262p-4q. Added by sec. 327 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.
1257), resulting in two ``Sec. 1621''.
Similar language had previously been adopted in annual foreign
assistance appropriations acts since fiscal year 1988.
See also sec. 360 of the USA PATRIOT Act of 2001 (Public Law 107-
56; 115 Stat. 329), as amended, which states:
---------------------------------------------------------------------------
``sec. 360. use of authority of united states executive directors.
---------------------------------------------------------------------------
``(a) Action by the President.--If the President determines that a
particular foreign country has taken or has committed to take actions
that contribute to efforts of the United States to respond to, deter,
or prevent acts of international terrorism, the Secretary may,
consistent with other applicable provisions of law, instruct the United
States Executive Director of each international financial institution
to use the voice and vote of the Executive Director to support any loan
or other utilization of the funds of the respective institutions for
such country, or any public or private entity within such country.
``(b) Use of Voice and Vote.--The Secretary may instruct the United
States Executive Director of each international financial institution
to aggressively use the voice and vote of the Executive Director to
require an auditing of disbursements at such institution to ensure that
no funds are paid to persons who commit, threaten to commit, or support
terrorism.
``(c) Definition.--For purposes of this section, the term
`international financial institution' means an institution described in
section 1701(c)(2) of the International Financial Institutions Act (22
U.S.C. 262r(c)(2)).''.
---------------------------------------------------------------------------
(b) Definition.--For purposes of this section, the term
``international financial institution'' includes--
(1) the International Bank for Reconstruction and
Development, the International Development Association,
and the International Monetary Fund;
(2) wherever applicable, the Inter-American Bank, the
Asian Development Bank, the European Bank for
Reconstruction and Development, the African Development
Bank, and the African Development Fund; and
(3) any similar institution established after the
date of enactment of this section.
Sec. 1622.\81\ For purposes of this title and titles XIV
and XV--
---------------------------------------------------------------------------
\81\ 22 U.S.C. 262p-5. Sec. 1622, originally added as sec. 1605 by
Public Law 100-202 (101 Stat. 1329 at 1329-134), was redesignated as
sec. 1612 by sec. 6 of H.R. 4645 as enacted into law by Public Law 100-
461 (102 Stat. 2268). This section was redesignated as sec. 1613 by
sec. 206 of Public Law 101-240 (103 Stat. 2499), further redesignated
as sec. 1614 by sec. 501 of that Act, and further redesignated as sec.
1617 by that Act. Sec. 562(a)(2) of Public Law 101-513 (104 Stat. 2032)
redesignated as sec. 1619 and added new secs. 1617 and 1618. This
section was further redesignated as sec. 1620 by sec. 562(b)(1) of
Public Law 101-513 (104 Stat. 2033), which added a new sec. 1619. The
section was further redesignated as sec. 1622 by sec. 526(e) of Public
Law 103-306 (108 Stat. 1633), which added new secs. 1620 and 1621.
---------------------------------------------------------------------------
(1) the term ``multilateral development bank'' means
the International Bank for Reconstruction and
Development, the International Development Association,
and the regional multilateral development banks; and
(2) the term ``regional multilateral development
bank'' means the Inter-American Development Bank, the
African Development Bank, the African Development Fund,
and the Asian Development Bank.
SEC. 1623.\82\ IMPROVEMENT OF THE HEAVILY INDEBTED POOR COUNTRIES
INITIATIVE.
---------------------------------------------------------------------------
\82\ 22 U.S.C. 262p-6. Added by sec. 502 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2000 (Public
Law 106-113; 113 Stat. 1501A-313).
---------------------------------------------------------------------------
(a) Improvement of the HIPC Initiative.--In order to
accelerate multilateral debt relief and promote human and
economic development and poverty alleviation in heavily
indebted poor countries, the Congress urges the President to
commence immediately efforts, with the Paris Club of Official
Creditors, as well as the International Monetary Fund (IMF),
the International Bank for Reconstruction and Development
(World Bank), and other appropriate multilateral development
institutions to accomplish the following modifications to the
Heavily Indebted Poor Countries Initiative:
(1) Focus on poverty reduction, good governance,
transparency, and participation of citizens.--A country
which is otherwise eligible to receive cancellation of
debt under the modified Heavily Indebted Poor Countries
Initiative may receive such cancellation only if the
country has committed, in connection with social and
economic reform programs that are jointly developed,
financed, and administered by the World Bank and the
IMF--
(A) to enable, facilitate, or encourage the
implementation of policy changes and
institutional reforms under economic reform
programs, in a manner that ensures that such
policy changes and institutional reforms are
designed and adopted through transparent and
participatory processes;
(B) to adopt an integrated development
strategy to support poverty reduction through
economic growth, that includes monitorable
poverty reduction goals;
(C) to take steps so that the financial
benefits of debt relief are applied to programs
to combat poverty (in particular through
concrete measures to improve economic
infrastructure, basic services in education,
nutrition, and health, particularly treatment
and prevention of the leading causes of
mortality) and to redress environmental
degradation;
(D) to take steps to strengthen and expand
the private sector, encourage increased trade
and investment, support the development of free
markets, and promote broad-scale economic
growth;
(E) to implement transparent policy making
and budget procedures, good governance, and
effective anticorruption measures;
(F) to broaden public participation and
popular understanding of the principles and
goals of poverty reduction, particularly
through economic growth, and good governance;
and
(G) to promote the participation of citizens
and nongovernmental organizations in the
economic policy choices of the government.
(2) Faster debt relief.--The Secretary of the
Treasury should urge the IMF and the World Bank to
complete a debt sustainability analysis by December 31,
2000, and determine eligibility for debt relief, for as
many of the countries under the modified Heavily
Indebted Poor Countries Initiative as possible.
(b) Heavily Indebted Poor Countries Review.--The Secretary
of the Treasury, after consulting with the Committees on
Banking and Financial Services and International Relations of
the House of Representatives, and the Committees on Foreign
Relations and Banking, Housing, and Urban Affairs of the
Senate, shall make every effort (including instructing the
United States Directors at the IMF and World Bank) to ensure
that an external assessment of the modified Heavily Indebted
Poor Countries Initiative, including the reformed Enhanced
Structural Adjustment Facility program as it relates to that
Initiative, takes place by December 31, 2001, incorporating the
views of debtor governments and civil society, and that such
assessment be made public.
(c) Definition.--The term `modified Heavily Indebted Poor
Countries Initiative' means the multilateral debt initiative
presented in the Report of G-7 Finance Ministers on the Koln
Debt Initiative to the Koln Economic Summit, Cologne, Germany,
held from June 18-20, 1999.
SEC. 1624.\83\ REFORM OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY.
The Secretary of the Treasury shall instruct the United
States Executive Directors at the International Bank for
Reconstruction and Development (World Bank) and the
International Monetary Fund (IMF) to use the voice and vote of
the United States to promote the establishment of poverty
reduction strategy policies and procedures at the World Bank
and the IMF that support countries' efforts under programs
developed and jointly administered by the World Bank and the
IMF that have the following components:
---------------------------------------------------------------------------
\83\ 22 U.S.C. 262p-7. Added by sec. 502 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2000 (Public
Law 106-113; 113 Stat. 1501A-313).
---------------------------------------------------------------------------
(1) The development of country-specific poverty
reduction strategies (Poverty Reduction Strategies)
under the leadership of such countries that--
(A) will be set out in poverty reduction
strategy papers (PRSPs) that provide the basis
for the lending operations of the International
Development Association (IDA) and the reformed
Enhanced Structural Adjustment Facility (ESAF);
(B) will reflect the World Bank's role in
poverty reduction and the IMF's role in
macroeconomic issues;
(C) will make the IMF's and the World Bank's
advice and operations fully consistent with the
objectives of poverty reduction through broad-
based economic growth; and
(D) should include--
(i) implementation of transparent
budgetary procedures and mechanisms to
help ensure that the financial benefits
of debt relief under the modified
Heavily Indebted Poor Countries
Initiative (as defined in section 1623)
are applied to programs that combat
poverty; and
(ii) monitorable indicators of
progress in poverty reduction.
(2) The adoption of procedures for periodic
comprehensive reviews of reformed ESAF and IDA programs
to help ensure progress toward longer-term poverty
goals outlined in the Poverty Reduction Strategies and
to allow adjustments in such programs.
(3) The publication of the PRSPs prior to Executive
Board review of related programs under IDA and the
reformed ESAF.
(4) The establishment of a standing evaluation unit
at the IMF, similar to the Operations Evaluation
Department of the World Bank, that would report
directly to the Executive Board of the IMF and that
would undertake periodic reviews of IMF operations,
including the operations of the reformed ESAF,
including--
(A) assessments of experience under the
reformed ESAF programs in the areas of poverty
reduction, economic growth, and access to basic
social services;
(B) assessments of the extent and quality of
participation in program design by citizens;
(C) verifications that reformed ESAF programs
are designed in a manner consistent with the
Poverty Reduction Strategies; and
(D) prompt release to the public of all
reviews by the standing evaluation unit.
(5) The promotion of clearer conditionality in IDA
and reformed ESAF programs that focuses on reforms most
likely to support poverty reduction through broad-based
economic growth.
(6) The adoption by the IMF of policies aimed at
reforming ESAF so that reformed ESAF programs are
consistent with the Poverty Reduction Strategies.
(7) The adoption by the World Bank of policies to
help ensure that its lending operations in countries
eligible for debt relief under the modified Heavily
Indebted Poor Countries Initiative are consistent with
the Poverty Reduction Strategies.
(8) Strengthening the linkage between borrower
country performance and lending operations by IDA and
the reformed ESAF on the basis of clear and monitorable
indictors.
(9) Full public disclosure of the proposed objectives
and financial organization of the successor to the ESAF
at least 90 days before any decision by the Executive
Board of the IMF to consider its adoption.
SEC. 1625.\84\ MODIFICATION OF THE ENHANCED HIPC INITIATIVE.
(a) Authority.--
(1) In general.--The Secretary of the Treasury should
immediately commence efforts within the Paris Club of
Official Creditors, the International Bank for
Reconstruction and Development, the International
Monetary Fund, and other appropriate multilateral
development institutions to modify the Enhanced HIPC
Initiative so that the amount of debt stock reduction
approved for a country eligible for debt relief under
the Enhanced HIPC Initiative shall be sufficient to
reduce, for each of the first 3 years after the date of
enactment of this section or the Decision Point,
whichever is later--
---------------------------------------------------------------------------
\84\ 22 U.S.C. 262p-8. Sec. 501 of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
108-25; 117 Stat. 747) added sec. 1625.
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(A) the net present value of the outstanding
public and publicly guaranteed debt of the
country--
(i) as of the decision point if the
country has already reached its
decision point; or
(ii) as of the date of enactment of
this Act, if the country has not
reached its decision point,
to not more than 150 percent of the annual value of
exports of the country for the year preceding the
Decision Point; and
(B) the annual payments due on such public
and publicly guaranteed debt to not more than--
(i) 10 percent or, in the case of a
country suffering a public health
crisis (as defined in subsection (e)),
not more than 5 percent, of the amount
of the annual current revenues received
by the country from internal resources;
or
(ii) a percentage of the gross
national product of the country, or
another benchmark, that will yield a
result substantially equivalent to that
which would be achieved through
application of subparagraph (A).
(2) Limitation.--In financing the objectives of the
Enhanced HIPC Initiative, an international financial
institution shall give priority to using its own
resources.
(b) Relation to Poverty and the Environment.--Debt
cancellation under the modifications to the Enhanced HIPC
Initiative described in subsection (a) should not be
conditioned on any agreement by an impoverished country to
implement or comply with policies that deepen poverty or
degrade the environment, including any policy that--
(1) implements or extends user fees on primary
education or primary health care, including prevention
and treatment efforts for HIV/AIDS, tuberculosis,
malaria, and infant, child, and maternal well-being;
(2) provides for increased cost recovery from poor
people to finance basic public services such as
education, health care, clean water, or sanitation;
(3) reduces the country's minimum wage to a level of
less than $2 per day or undermines workers' ability to
exercise effectively their internationally recognized
worker rights, as defined under section 526(e) of the
Foreign Operations, Export Financing and Related
Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p);
\85\ or
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\85\ Sec. 526(e) of the Foreign Operations, Export Financing and
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
Stat. 1634) added sec. 1621 to this Act.
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(4) promotes unsustainable extraction of resources or
results in reduced budget support for environmental
programs.
(c) Conditions.--A country shall not be eligible for
cancellation of debt under modifications to the Enhanced HIPC
Initiative described in subsection (a) if the government of the
country--
(1) has an excessive level of military expenditures;
(2) has repeatedly provided support for acts of
international terrorism, as determined by the Secretary
of State under section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1))
or section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a));
(3) is failing to cooperate on international
narcotics control matters; or
(4) engages in a consistent pattern of gross
violations of internationally recognized human rights
(including its military or other security forces).
(d) Programs To Combat HIV/AIDS and Poverty.--A country
that is otherwise eligible to receive cancellation of debt
under the modifications to the Enhanced HIPC Initiative
described in subsection (a) may receive such cancellation only
if the country has agreed--
(1) to ensure that the financial benefits of debt
cancellation are applied to programs to combat HIV/AIDS
and poverty, in particular through concrete measures to
improve basic services in health, education, nutrition,
and other development priorities, and to redress
environmental degradation;
(2) to ensure that the financial benefits of debt
cancellation are in addition to the government's total
spending on poverty reduction for the previous year or
the average total of such expenditures for the previous
3 years, whichever is greater;
(3) to implement transparent and participatory
policy-making and budget procedures, good governance,
and effective anticorruption measures; and
(4) to broaden public participation and popular
understanding of the principles and goals of poverty
reduction.
(e) Definitions.--In this section:
(1) Country suffering a public health crisis.--The
term ``country suffering a public health crisis'' means
a country in which the HIV/AIDS infection rate, as
reported in the most recent epidemiological data for
that country compiled by the Joint United Nations
Program on HIV/AIDS, is at least 5 percent among women
attending prenatal clinics or more than 20 percent
among individuals in groups with high-risk behavior.
(2) Decision point.--The term ``Decision Point''
means the date on which the executive boards of the
International Bank for Reconstruction and Development
and the International Monetary Fund review the debt
sustainability analysis for a country and determine
that the country is eligible for debt relief under the
Enhanced HIPC Initiative.
(3) Enhanced hipc initiative.--The term ``Enhanced
HIPC Initiative'' means the multilateral debt
initiative for heavily indebted poor countries
presented in the Report of G-7 Finance Ministers on the
Cologne Debt Initiative to the Cologne Economic Summit,
Cologne, June 18-20, 1999.
TITLE XVII--CONSOLIDATED REPORTING REQUIREMENTS \86\
SEC. 1701.\87\ ANNUAL REPORT BY CHAIRMAN OF THE NATIONAL ADVISORY
COUNCIL ON INTERNATIONAL MONETARY AND FINANCIAL
POLICIES.
(a) In General.--The Chairman shall report annually to the
Speaker of the House of Representatives, the President of the
Senate, and to the President of the United States on the
participation of the United States in the international
financial institutions. The Chairman shall present such report
to the Speaker of the House of Representatives and the
President of the Senate not later than April 1 of each year
following the close of the fiscal year covered by such report,
except that the report for fiscal year 1989 shall be submitted
not later than June 1, 1990.
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\86\ Sec. 541(a) of the International Development and Finance Act
of 1989 (Public Law 101-240; 103 Stat. 2514) added titles XVII, XVIII,
and XIX.
\87\ 22 U.S.C. 262r. Sec. 583 of the Foreign Operations, Export
Financing, and Related Appropriations Act, 1999 (sec. 101(d) of
division A of Public Law 105-277; 112 Stat. 2681-202), provided the
following:
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``national advisory council on international monetary policies
---------------------------------------------------------------------------
``Sec. 583. (a) Notwithstanding any other provision of law, each
annual report required by subsection 1701 (a) of the International
Financial Institutions Act, as amended (Public Law 95-118, U.S.C.
262r), shall comprise--
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``(1) an assessment of the effectiveness of the major policies and
operations of the international financial institutions;
``(2) the major issues affecting United States participation;
``(3) the major developments in the past year;
``(4) the prospects for the coming year;
``(5) the progress made and steps taken to achieve United States policy
goals (including major policy goals embodied in current law) with respect
to the international financial institutions; and
``(6) such data and explanations concerning the effectiveness,
operations, and policies of the international financial institutions, and
other such data and material as the Chairman may deem appropriate.
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``(b) The requirements of Sections 1602(e), 1603(c), 1604(c), and
1701(b) of the International Financial Institutions Act, as amended
(Public Law 95-118, 22 U.S.C. 262p-1, 262p-2, 262p-3 and 262(r)),
Section 2018(c) of the International Narcotics Control Act of 1986, as
amended (Public Law 99-570, 22 U.S.C. 2291 note), Section 407(c) of the
Foreign Debt Reserving Act of 1989 (Public Law 101-240, 22 U.S.C. 2291
note), Section 14(c) of the Inter-American Development Bank Act, as
amended (Public Law 86-147, 22 U.S.C. 283j-1(c)), and Section 1102 of
the Freedom for Russia and Emerging Eurasian Democracies and Open
Markets Support Act of 1992 (Public Law 102-511)(22 U.S.C. 286ll(b))
shall no longer apply to the contents of such annual reports.''.
See also secs. 603, 606, and 607 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999 (sec. 101(d)
of division A of Public Law 105-277; 112 Stat. 2681-220), in Legislaton
on Foreign Relations Through 2005, vol. I-A, beginning at page 1097.
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(b) \88\ Contents of Reports.--Each annual report required
by subsection (a) shall contain--
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\88\ Sec. 583(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (sec. 101(d) of division I of
Public Law 105-277; 112 Stat. 2681-202) states that the requirements of
subsec. (b) shall no longer apply to the contents of the annual report
of the National Advisory Council on International Monetary and
Financial Policies, as required by sec. 1701 of the International
Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
262r).
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(1) such data and explanations concerning the
effectiveness, operations, and policies of the
international financial institutions, such
recommendations concerning the international financial
institutions, and such other data and material as the
Chairman may deem appropriate;
(2) the reports on each specific issue and topic
which is required by any other provision of law to be
included in the report of the National Advisory Council
on International Monetary and Financial Policies
required by section 4(b)(5) of the Bretton Woods
Agreements Act, as in effect immediately before the
date of the enactment of this section;
(3) a description of each loan or other form of
financial assistance approved by any international
financial institution during the fiscal year covered by
such report, and a discussion of how such loan or
financial assistance will benefit the people,
particularly the poor people, of the recipient country;
(4) a review of the success achieved through the
multilateral development banks in reducing or
eliminating import restrictions and unfair export
subsidies which--
(A) have been determined to be consistent
with international agreements; and
(B) have a serious adverse impact on the
United States;
(5) a description of the actions taken and the
progress made in carrying out subsections (a) and (b)
of section 45 of the Bretton Woods Agreements Act;
(6) the report required by section 2018(c) of the
International Narcotics Act of 1986 (title II of Public
Law 99-570), discussing the actions taken and progress
made in encouraging the multilateral development banks
to finance drug eradication and crop substitution
programs;
(7) a description of the progress made by the United
States Executive Director of the International Monetary
Fund with respect to the goals of section 55 of the
Bretton Woods Agreements Act;
(8) a description of the status of procedures in the
multilateral development banks specifically designed to
increase the productive role of the poor in the
economies of the nations which are borrowers from such
banks;
(9) in consultation with the Secretary of State, a
report on the progress toward achieving the goals of
title VII (other than section 704), including the
information required to be reported pursuant to section
701(c), and, for the fiscal year 1990, the report
described in section 1613;
(10) in consultation with the Secretary of State and
the Administrator of the Agency for International
Development, an assessment of the progress being made
to implement the objectives of title XIII; and
(11) a report on--
(A) the progress made in transforming
government-owned enterprises into privately
owned enterprises as described in section
1612(b);
(B) the performance of the privately owned
enterprises resulting from such transformation;
and
(C) the contributions of development finance
companies toward strengthening the private
sector in member borrowing countries.
(c) Definitions.--As used in this title, title XVIII, and
title XIX:
(1) Chairman.--The term ``Chairman'' means the
Chairman of the National Advisory Council on
International Monetary and Financial Policies.
(2) International financial institutions.--The term
``international financial institutions'' means the
International Monetary Fund, International Bank for
Reconstruction and Development, European Bank for
Reconstruction and Development,\89\ International
Development Association, International Finance
Corporation, Multilateral Investment Guarantee Agency,
African Development Bank, African Development Fund,
Asian Development Bank, Inter-American Development
Bank, Bank for Economic Cooperation and Development in
the Middle East and North Africa,\90\ and Inter-
American Investment Corporation.
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\89\ Sec. 562(c)(10)(A) of Public Law 101-513 (104 Stat. 2036)
inserted ``European Bank for Reconstruction and Development,''.
\90\ Sec. 710(a) of sec. 101(c) of title I of Public Law 104-208
(110 Stat. 3009) inserted ``Bank for Economic Cooperation and
Development in the Middle East and North Africa,''.
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(3) Multilateral development institutions.--The term
``multilateral development institutions'' means the
international financial institutions other than the
International Monetary Fund.
(4) Multilateral development banks.--The term
``multilateral development banks'' means the
multilateral development institutions other than the
Multilateral Investment Guarantee Agency.
(d) Testimony Required.--Upon request of the Committee on
Banking, Finance and Urban Affairs \12\ of the House of
Representatives, the Chairman shall testify before the
Committee to support and explain each annual report required by
subsection (a). If the President has delegated to a person or
persons other than the Chairman the authority to manage United
States participation in the international financial
institutions which was vested in the President by section 1(b)
of the Reorganization Plan No. 4 of 1965, such person or
persons shall, upon request of the Committee, accompany the
Chairman and testify before the Committee with regard to such
report. The Chairman and such other person or persons shall
assess, in their testimony, the effectiveness of the
international financial institutions, the major issues
affecting United States participation, the major developments
in the past year, the prospects for the coming year, United
States policy goals with respect to the international financial
institutions, and any specific issues addressed to them by any
member of the Committee.
(e) \91\ Advisory Committee on IMF Policy.--
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\91\ Added by sec. 610(b) of the Foreign Operations, Export
Financing, and Related Appropriations Act, 1999 (sec. 101(d) of
division A of Public Law 105-277; 112 Stat. 2681-228).
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(1) In General.--The Secretary of the Treasury should
establish an International Monetary Fund Advisory
Committee (in this subsection referred to as ``The
Advisory Committee'').
(2) Membership--The Advisory Committee should consist
of members appointed by the Secretary of the Treasury,
after appropriate consultations with the relevant
organizations. Such members should include
representatives from industry, representatives from
agriculture, representatives from organized labor,
representatives from banking and financial services,
and representatives from nongovernmental environmental
and human rights organizations.
SEC. 1702.\92\ TRANSMISSION TO THE CONGRESS OF OPERATING SUMMARIES OF
THE MULTILATERAL DEVELOPMENT BANKS.
The Secretary of the Treasury shall transmit to the
Congress, on a monthly basis, current copies of the Monthly
Operating Summary of the International Bank for Reconstruction
and Development, showing the loan proposals or appraisal
reports under consideration and the status of those loan
proposals or appraisal reports within the Bank. The Secretary
of the Treasury shall also transmit to the Congress, at such
times as may be appropriate, comparable documents prepared by
the other multilateral development banks which show the loans
or credits under consideration in the other multilateral
development banks.
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\92\ 22 U.S.C. 262r-1.
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SEC. 1703.\93\ COMBINED REPORT ON EFFECT OF PENDING MULTILATERAL
DEVELOPMENT BANK LOANS ON ENVIRONMENT, NATURAL
RESOURCES, PUBLIC HEALTH, AND INDIGENOUS PEOPLES.
Not later than April 1 and October 1 of each year, the
Administrator of the Agency for International Development, in
consultation with the Secretary of the Treasury and the
Secretary of State, shall submit to the Committee on
Appropriations and the Committee on Banking, Finance and Urban
Affairs \12\ of the House of Representatives, and the Committee
on Appropriations and the Committee on Foreign Relations of the
Senate, as a combined report, the reports required by section
1303(c) of this Act and by section 537(h)(2) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (sec. 1(e) of Public Law 100-202).
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\93\ 22 U.S.C. 262r-2.
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SEC. 1704.\94\ REPORTS ON FINANCIAL STABILIZATION PROGRAMS LED BY THE
INTERNATIONAL MONETARY FUND IN CONJUNCTION WITH
FINANCING FROM THE EXCHANGE STABILIZATION FUND.
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\94\ 22 U.S.C. 262r-3. Added by sec. 612 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act (sec. 101(d)
of division A of Public Law 105-277; 112 Stat. 2681-228).
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(a) In General.--The Secretary of the Treasury, in
consultation with the Secretary of Commerce and other
appropriate Federal agencies, shall prepare reports on the
implementation of financial stabilization programs (and any
material terms and conditions thereof) led by the International
Monetary Fund in countries in connection with which the United
States has made a commitment to provide, or has provided
financing from the stabilization fund established under section
5302 of title 31, United States Code. The reports should
include the following:
(1) A description of the condition of the economies
of countries requiring the financial stabilization
programs, including the monetary, fiscal, and exchange
rate policies of the countries.
(2) A description of the degree to which the
countries requiring the financial stabilization
programs have fully implemented financial sector
restructuring and reform measures required by the
International Monetary Fund, including--
(A) ensuring full respect for the commercial
orientation of commercial bank lending;
(B) ensuring that governments will not
intervene in bank management and lending
decisions (except in regard to prudential
supervision);
(C) the enactment and implementation of
appropriate financial reform legislation;
(D) strengthening the domestic financial
system and improving transparency and
supervision; and
(E) the opening of domestic capital markets.
(3) A description of the degree to which the
countries requiring the financial stabilization
programs have fully implemented reforms required by the
International Monetary Fund that are directed at
corporate governance and corporate structure,
including--
(A) making nontransparent conglomerate
practices more transparent through the
application of internationally accepted
accounting practices, independent external
audits, full disclosure, and provision of
consolidated statements; and
(B) ensuring that no government subsidized
support or tax privileges will be provided to
bail out individual corporations, particularly
in the semiconductor, steel, and paper
industries.
(4) A description of the implementation of reform
measures required by the International Monetary Fund to
deregulate and privatize economic activity by ending
domestic monopolies, undertaking trade liberalization,
and opening up restricted areas of the economy to
foreign investment and competition.
(5) A detailed description of the trade policies of
the countries, including any unfair trade practices or
adverse effects of the trade policies on the United
States.
(6) A description of the extent to which the
financial stabilization programs have resulted in
appropriate burden-sharing among private sector
creditors, including rescheduling of outstanding loans
by lengthening maturities, agreements of debt
reduction, and the extension of new credit.
(7) A description of the extent to which the economic
adjustment policies of the International Monetary Fund
and the policies of the government of the country
adequately balance the need for financial
stabilization, economic growth, environmental
protection, social stability, and equity for all
elements of the society.
(8) Whether International Monetary Fund involvement
in labor market flexibility measures has had a negative
effect on core worker rights, particularly the rights
of free association and collective bargaining.
(9) A description of any pattern of abuses of core
worker rights in recipient countries.
(10) The amount, rate of interest, and disbursement
and repayment schedules of any funds disbursed from the
stabilization fund established under section 5302 of
title 31, United States Code, in the form of loans,
guarantees, or swaps, in support of the financial
stabilization programs.
(11) The amount, rate of interest, and disbursement
and repayment schedules of any funds disbursed by the
International Monetary Fund to the countries in support
of the financial stabilization programs.
(b) \95\ Timing.--Not later than March 15, 1999, and
semiannually thereafter, the Secretary of the Treasury shall
submit to the Committees on Banking and Financial Services and
International Relations of the House of Representatives and the
Committees on Foreign Relations, and Banking, Housing, and
Urban Affairs of the Senate, a report on the matters described
in subsection (a).
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\95\ Added by sec. 404(b) of the Trade and Development Act of 2000
(Public Law 106-200; 114 Stat. 292).
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SEC. 1705.\96\ ANNUAL REPORT AND TESTIMONY ON THE STATE OF THE
INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND
COMPLIANCE WITH IMF AGREEMENTS
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\96\ 22 U.S.C. 262r-4. Added by sec. 613 of The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1999 (sec.
101(d) of division A of Public Law 105-277; 112 Stat. 2681-230).
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(a) Access to Materials.--Not later than October 1 of each
year, the Secretary of the Treasury shall submit to the
Committees on Banking and Financial Services \12\ and on Ways
and Means of the House of Representatives and the Committees on
Finance and on Foreign Relations of the Senate \97\ a written
report on (1) \98\ the progress (if any) made by the United
States Executive Director at the International Monetary Fund to
adopt the policies and reform its internal procedures in the
manner described in section 1503, and (2) the progress made by
the International Monetary Fund in adopting and implementing
the policies described in section 801(c)(1)(B) of the Foreign
Operations, Export Financing, and Related Appropriations Act,
2001.
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\97\ Sec. 404(c) of the Trade and Development Act of 2000 (Public
Law 106-200; 114 Stat. 292) struck out ``Committee on Banking and
Financial Services of the House of Representatives and the Committee on
Foreign Relations'' and inserted in lieu thereof ``Committees on
Banking and Financial Services and on Ways and Means of the House of
Representatives and the Committees on Finance and on Foreign Relations
of the Senate.''
\98\ Sec. 803(c)(1) and (2) of the Foreign Operations, Export
Financing, and Related Programs Appropriations, 2001 (Public Law 106-
429; 114 Stat. 1900A-67) inserted ``(1)'' before ``the progress'' and
added clause (2).
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(b) Testimony.--After submitting the report required by
subsection (a) but not later than March 1 of each year, the
Secretary of the Treasury shall appear before the Committee on
Banking and Financial Services of the House of Representatives
and the Committee on Foreign Relations of the Senate and
present testimony on--
(1) any progress made in reforming the International
Monetary Fund;
(2) the status of efforts to reform the international
financial system;
(3) the compliance of countries which have received
assistance from the International Monetary Fund with
agreements made as a condition of receiving the
assistance; and
(4) \99\ the status of implementation of
international anti-money laundering and
counterterrorist financing standards by the
International Monetary Fund, the multilateral
development banks, and other multilateral financial
policymaking bodies.
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\99\ Sec. 7703(b) of the Implementation of the 9/11 Commission
Implementation Act of 2004 (title VII of Public Law 108-458; 118 Stat.
3860) added para. (4).
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SEC. 1706.\100\ * * * [REPEALED--2000]
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\100\ 22 U.S.C. 262r-5. This section, added by sec. 614 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1999 (sec. 101(d) of division A of Public Law 105-
277; 112 Stat. 2681-230), was subsequently repealed by sec. 592 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (Public Law 106-429; 114 Stat. 1900A-59). The
section, as amended, had read as follows:
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``sec. 1706. audits of the international monetary fund
---------------------------------------------------------------------------
``(a) Access to Materials.--Not later than 30 days after the date
of the enactment of this section, the Secretary of the Treasury shall
certify to the Committees on Banking and Financial Services and Ways
and Means of the House of Representatives and the Committees on Finance
and on Foreign Relations of the Senate that the Secretary has
instructed the United States Executive Director at the International
Monetary Fund to facilitate timely access by the General Accounting
Office to information and documents of the International Monetary Fund
needed by the Office to perform financial reviews of the International
Monetary Fund that will facilitate the conduct of United States Policy
with respect to the Fund.
``(b) Reports.--Not later than September 30, 1999, and annually
thereafter, the Comptroller General of the United States shall prepare
and submit to the committees specified in subsection (a), the Committee
on Appropriations of the House of Representatives, and the Committee on
Appropriations of the Senate a report on the financial operations of
the Fund during the preceding year, which shall include--
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``(1) the current financial condition of the International Monetary Fund;
``(2) the amount, rate of interest, disbursement schedule, and repayment
schedule for any loans that were initiated or outstanding during the
preceding calendar year, and with respect to disbursement schedules, the
report shall identify and discuss in detail any conditions required to be
fulfilled by a borrower country before a disbursement is made;
``(3) a detailed description of whether the trade policies of borrower
countries permit free and open trade by the United States and other foreign
countries in the borrower countries;
``(4) a detailed description of the export policies of borrower countries
and whether the policies may result in increased export of their products,
goods, or services to the United States which may have significant adverse
effects on, or result in unfair trade practices against or affecting United
States companies, farmers, or communities;
``(5) a detailed description of any conditions of International Monetary
Fund loans which have not been met by borrower countries, including a
discussion of the reasons why such conditions were not met, and the actions
taken by the International Monetary Fund due to the borrower country's
noncompliance;
``(6) an identification of any borrower country and loan on which any
loan terms or conditions were renegotiated in the preceding calendar year,
including a discussion of the reasons for the renegotiation and any new
loan terms and conditions; and
``(7) a specification of the total number of loans made by the
International Monetary Fund from its inception through the end of the
period covered by the report, the number and percentage (by number) of such
loans that are in default or arrears, and the identity of the countries in
default or arrears, and the number of such loans that are outstanding as of
the end of period covered by the report and the aggregate amount of the
outstanding loans and the average yield (weighted by loan principal) of the
historical and outstanding loan portfolios of the International Monetary
Fund.''.
TITLE XVIII--EXPORT ENHANCEMENT \86\
SEC. 1801.\101\ MULTILATERAL DEVELOPMENT BANK PROCUREMENT.
(a) Executive Directors.--The Secretary of the Treasury
shall instruct the United States Executive Director of each
multilateral development bank to attach a high priority to
promoting opportunities for exports for goods and services from
the United States and, in carrying out this function, to
investigate thoroughly any complaints from United States
bidders about the awarding of procurement contracts by the
multilateral development banks to ensure that all contract
procedures and rules of the banks are observed and that United
States firms are treated fairly.
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\101\ 22 U.S.C. 262s. Originally enacted as sec. 3202 of the
Omnibus Trade and Competitiveness Act of 1988 (Public Law 100-418; 102
Stat. 1107), sec. 541(b)(1) of the International Development and
Finance Act of 1989 (Public Law 101-240; 103 Stat. 2517) transferred
text to this Act and redesignated such as sec. 1801.
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(b) Officer of Procurement.--
(1) Establishment.--The Secretary of the Treasury
shall designate, within the Office of International
Affairs in the Department of the Treasury, an officer
of multilateral development bank procurement.
(2) Function.--The officer shall act as the liaison
between the Department of the Treasury, the Department
of Commerce, and the United States Executive Directors'
offices in the multilateral development banks, in
carrying out this section. The officer shall cooperate
with the Department of Commerce in efforts to improve
opportunities for multilateral development bank
procurement by United States companies.
(b) \102\ Multilateral Development Bank Defined.--As used in
this section, the term ``multilateral development bank''
includes the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the Inter-American Investment Corporation,
the Asian Development Bank, the African Development Bank, and
the African Development Fund.
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\102\ As enrolled; should read ``(c)''.
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SEC. 1802.\103\ PROCUREMENT OPPORTUNITIES FOR UNITED STATES FIRMS.
The Secretary of the Treasury shall instruct the United
States Executive Directors of the multilateral development
institutions to take all possible steps to ensure that
information relating to potential procurement opportunities for
United States firms is expeditiously communicated to the
Secretary of the Treasury, the Secretary of State, and the
Secretary of Commerce, and is disseminated as widely as
possible to large and small businesses.
---------------------------------------------------------------------------
\103\ 22 U.S.C. 262s-1.
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SEC. 1803.\104\ COMMERCIAL SERVICE OFFICERS AND MULTILATERAL
DEVELOPMENT BANK PROCUREMENT.
(a) Appointment of Commercial Service Officers To Serve
with Executive Directors.--The Secretary of Commerce, in
consultation with the Secretary of the Treasury, shall appoint
a procurement officer, who is a representative of the
International Trade Administration or a Commercial Service
Officer of the United States and Foreign Commercial Service, to
serve, on a full-time or part-time basis, with each of the
Executive Directors of the multilateral development banks in
which the United States participates.
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\104\ 22 U.S.C. 262s-2. Originally enacted as sec. 2302 of the
Omnibus Trade and Competitiveness Act of 1988 and codified at 15 U.S.C.
4722. Sec. 541(b)(2) of the International Development and Finance Act
of 1989 (Public Law 101-240; 103 Stat. 2517) transferred sec. 2302 to
this Act and redesignated it as sec. 1803. Sec. 541(b)(2) also struck
out subsec. (c), which provided definitions for ``multilateral
development bank''; see sec. 1701(c) of this Act.
Sec. 501 of the Jobs Through Exports Act of 1992 (Public Law 102-
549; 106 Stat. 3663; 22 U.S.C. 262s-2 note) provided the following:
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``sec. 501. additional procurement offers.
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``(a) Appointment.--The Secretary of Commerce, in consultation with
the Secretary of the Treasury, shall appoint one or more full-time
additional procurement officers, for each multilateral development
bank, to promote exports of goods and services from the United States
by doing the following:
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``(1) Acting as the liaison between the business community and one or
more multilateral development banks, whether or not the banks have offices
in the United States. The Secretary of Commerce shall ensure that the
procurement officer has access to, and disseminates to United States
businesses, information relating to projects which are being proposed by
the multilateral development bank involved, and bid specifications and
deadlines for projects about to be developed by the bank. The procurement
officer shall make special efforts to disseminate such information to
small- and medium-sized businesses interested in participating in such
projects. The procurement officer shall explore opportunities for
disseminating such information through private sector, nonprofit
organizations.
``(2) Taking actions to assure that United States businesses are fully
informed of bidding opportunities for projects for which loans have been
made by the multilateral development bank involved.
``(3) Taking actions to assure that United States businesses can focus on
projects in which they have a particular interest or competitive advantage,
and to permit them to compete and have an equal opportunity in submitting
timely and conforming bidding documents.
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``(b) Definition.--As used in this section, the term `multilateral
development bank' has the meaning given that term in section 1701(c) of
the International Financial Institutions Act (22 U.S.C. 262r(c)).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $1,000,000 for each of the
fiscal years 1993 and 1994 to carry out this section. Amounts
appropriated pursuant to this subsection shall be available only for
the purpose of making the appointment of additional procurement
officers required by subsection (a).''.
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(b) Functions of Officers.--Each procurement officer
appointed under subsection (a) shall assist the United States
Executive Director with respect to whom such officer is
appointed in promoting opportunities for exports of goods and
services from the United States by doing the following:
(1) Acting as the liaison between the business
community and the multilateral development bank
involved, whether or not the bank has offices in the
United States. The Secretary of Commerce shall ensure
that the procurement officer has access to, and
disseminates to United States businesses, information
relating to projects which are being proposed by the
multilateral development bank, and bid specifications
and deadlines for projects about to be developed by the
bank. The procurement officer shall make special
efforts to disseminate such information to small and
medium-sized businesses interested in participating in
such projects. The procurement officer shall explore
opportunities for disseminating such information
through private sector, nonprofit organizations.
(2) Taking actions to assure that United States
businesses are fully informed of bidding opportunities
for projects for which loans have been made by the
multilateral development bank involved.
(3) Taking actions to assure that United States
businesses can focus on projects in which they have a
particular interest or competitive advantage, and to
permit them to compete and have an equal opportunity in
submitting timely and conforming bidding documents.
TITLE XIX--PERSONNEL PRACTICES \86\
SEC. 1901.\105\ PERSONNEL PRACTICES.
(a) Statement of Policy.--It shall be the policy of the
United States that no initiatives, discussions, or
recommendations concerning the placement or removal of any
personnel employed by the international financial institutions
shall be based on the political philosophy or activity of the
individual under consideration.
---------------------------------------------------------------------------
\105\ 22 U.S.C. 262t.
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(b) Consultation.--The Secretary of the Treasury shall
consult with the Chairman and the ranking minority member of
the Committee on Banking, Finance and Urban Affairs \12\ of the
House of Representatives and the Committee on Foreign Relations
of the Senate before any discussion or recommendations by any
official of the United States Government concerning the
placement or removal of any principal officer of any
international financial institutions.
b. Mexican Debt Disclosure Act of 1995
Title IV of Public Law 104-6 [Emergency Supplemental Appropriations and
Rescissions for the Department of Defense to Preserve and Enhance
Military Readiness Act of 1995; H.R. 889], 109 Stat. 73, approved April
10, 1995
AN ACT Making emergency supplemental appropriations and rescissions to
preserve and enhance the military readiness of the Department of
Defense for the fiscal year ending September 30, 1995, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE IV--MEXICAN DEBT DISCLOSURE ACT OF 1995
SEC. 401.\1\ SHORT TITLE.
This title may be cited as the ``Mexican Debt Disclosure
Act of 1995''.
---------------------------------------------------------------------------
\1\ 31 U.S.C. 5302 note.
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SEC. 402. FINDINGS.
The Congress finds that--
(1) Mexico is an important neighbor and trading
partner of the United States;
(2) on January 31, 1995, the President approved a
program of assistance to Mexico, in the form of swap
facilities and securities guarantees in the amount of
$20,000,000,000, using the exchange stabilization fund;
(3) the program of assistance involves the
participation of the Board of Governors of the Federal
Reserve System, the International Monetary Fund, the
Bank for International Settlements, the International
Bank for Reconstruction and Development, the Inter-
American Development Bank, the Bank of Canada, and
several Latin American countries;
(4) the involvement of the exchange stabilization
fund and the Board of Governors of the Federal Reserve
System means that United States taxpayer funds will be
used in the assistance effort to Mexico;
(5) assistance provided by the International Monetary
Fund, the International Bank for Reconstruction and
Development, and the Inter-American Development Bank
may require additional United States contributions of
taxpayer funds to those entities;
(6) the immediate use of taxpayer funds and the
potential requirement for additional future United
States contributions of taxpayer funds necessitates
congressional oversight of the disbursement of funds;
and
(7) the efficacy of the assistance to Mexico is
contingent on the pursuit of sound economic policy by
the Government of Mexico.
SEC. 403.\2\ PRESIDENTIAL REPORTS.
(a) Reporting Requirement.--Not later than June 30, 1995,
and every 6 months thereafter, the President shall transmit to
the appropriate congressional committees a report concerning
all guarantees issued to, and short-term and long-term currency
swaps with, the Government of Mexico by the United States
Government, including the Board of Governors of the Federal
Reserve System.
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\2\ In memoranda of April 14, 1995 (60 F.R. 19485), May 17, 1995
(60 F.R. 27395), and June 29, 1995 (60 F.R. 35113), the President
delegated to the Secretary of the Treasury reporting requirements in
secs. 403 and 406 of this Act.
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(b) Contents of Reports.--Each report described in
subsection (a) shall contain a description of the following
actions taken, or economic situations existing, during the
preceding 6-month period or, in the case of the initial report,
during the period beginning on the date of enactment of this
Act:
(1) Changes in wage, price, and credit controls in
the Mexican economy.
(2) Changes in taxation policy of the Government of
Mexico.
(3) Specific actions taken by the Government of
Mexico to further privatize the economy of Mexico.
(4) Actions taken by the Government of Mexico in the
development of regulatory policy that significantly
affected the performance of the Mexican economy.
(5) Consultations concerning the program approved by
the President, including advice on economic, monetary,
and fiscal policy, held between the Government of
Mexico and the Secretary of the Treasury (including any
designee of the Secretary) and the conclusions
resulting from any periodic reviews undertaken by the
International Monetary Fund pursuant to the Fund's loan
agreements with Mexico.
(6) All outstanding loans, credits, and guarantees
provided to the Government of Mexico, by the United
States Government, including the Board of Governors of
the Federal Reserve System, set forth by category of
financing.
(7) The progress the Government of Mexico has made in
stabilizing the peso and establishing an independent
central bank or currency board.
(c) Summary of Treasury Department Reports.--In addition to
the information required to be included under subsection (b),
each report required under this section shall contain a summary
of the information contained in all reports submitted under
section 404 during the period covered by the report required
under this section.
SEC. 404. REPORTS BY THE SECRETARY OF THE TREASURY.
(a) Reporting Requirement.--Beginning on the last day of
the first month which begins after the date of enactment of
this Act, and on the last day of every month thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report concerning all guarantees
issued to, and short-term and long-term currency swaps with,
the Government of Mexico by the United States Government,
including the Board of Governors of the Federal Reserve System.
(b) Contents of Reports.--Each report described in
subsection (a) shall include a description of the following
actions taken, or economic situations existing, during the
month in which the report is required to be submitted:
(1) The current condition of the Mexican economy.
(2) The reserve positions of the central bank of
Mexico and data relating to the functioning of Mexican
monetary policy.
(3) The amount of any funds disbursed from the
exchange stabilization fund pursuant to the program of
assistance to the Government of Mexico approved by the
President on January 31, 1995.
(4) The amount of any funds disbursed by the Board of
Governors of the Federal Reserve System pursuant to the
program of assistance referred to in paragraph (3).
(5) Financial transactions, both inside and outside
of Mexico, made during the reporting period involving
funds disbursed to Mexico from the exchange
stabilization fund or proceeds of Mexican Government
securities guaranteed by the exchange stabilization
fund.
(6) All outstanding guarantees issued to, and short-
term and medium-term currency swaps with, the
Government of Mexico by the Secretary of the Treasury,
set forth by category of financing.
(7) All outstanding currency swaps with the central
bank of Mexico by the Board of Governors of the Federal
Reserve System and the rationale for, and any expected
costs of, such transactions.
(8) The amount of payments made by customers of
Mexican petroleum companies that have been deposited in
the account at the Federal Reserve Bank of New York
established to ensure repayment of any payment by the
United States Government, including the Board of
Governors of the Federal Reserve System, in connection
with any guarantee issued to, or any swap with, the
Government of Mexico.
(9) Any setoff by the Federal Reserve Bank of New
York against funds in the account described in
paragraph (8).
(10) To the extent such information is available,
once there has been a setoff by the Federal Reserve
Bank of New York, any interruption in deliveries of
petroleum products to existing customers whose payments
were setoff.
(11) The interest rates and fees charged to
compensate the Secretary of the Treasury for the risk
of providing financing.
SEC. 405. TERMINATION OF REPORTING REQUIREMENTS.
The requirements of sections 403 and 404 shall terminate on
the date that the Government of Mexico has paid all obligations
with respect to swap facilities and guarantees of securities
made available under the program approved by the President on
January 31, 1995.
SEC. 406.\3\ PRESIDENTIAL CERTIFICATION REGARDING SWAP OF CURRENCIES TO
MEXICO THROUGH EXCHANGE STABILIZATION FUND OR
FEDERAL RESERVE.
(a) In General.--Notwithstanding any other provision of
law, no loan, credit, guarantee, or arrangement for a swap of
currencies to Mexico through the exchange stabilization fund or
by the Board of Governors of the Federal Reserve System may be
extended or (if already extended) further utilized, unless and
until the President submits to the appropriate congressional
committees a certification that--
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\3\ The President issued certifications as required by subsec. (a)
in memoranda for the Secretary of the Treasury on April 14, 1995 (60
F.R. 19485), May 17, 1995 (60 F.R. 27395), and June 29, 1995 (60 F.R.
35113). The memoranda, furthermore, delegated to the Secretary of the
Treasury, reporting requirements in secs. 403 and 406 of this Act.
---------------------------------------------------------------------------
(1) there is no projected cost (as defined in the
Credit Reform Act of 1990) to the United States from
the proposed loan, credit, guarantee, or currency swap;
(2) all loans, credits, guarantees, and currency
swaps are adequately backed to ensure that all United
States funds are repaid;
(3) the Government of Mexico is making progress in
ensuring an independent central bank or an independent
currency control mechanism;
(4) Mexico has in effect a significant economic
reform effort; and
(5) the President has provided the documents
described in paragraphs (1) through (28) of House
Resolution 80, adopted March 1, 1995.\4\
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\4\ For text of H. Res. 80 as adopted by the House on March 1,
1995, see Congressional Record, pages H2444 through H2445.
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(b) Treatment of Classified or Privileged Material.--For
purposes of the certification required by subsection (a)(5),
the President shall specify, in the case of any document that
is classified or subject to applicable privileges, that, while
such document may not have been produced to the House of
Representatives, in lieu thereof it has been produced to
specified Members of Congress or their designees by mutual
agreement among the President, the Speaker of the House, and
the chairmen and ranking members of the Committee on Banking
and Financial Services, the Committee on International
Relations, and the Permanent Select Committee on Intelligence
of the House.
SEC. 407. DEFINITIONS.
For purposes of this title, the following definitions shall
apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committees on International Relations and Banking and
Financial Services of the House of Representatives, the
Committees on Foreign Relations and Banking, Housing,
and Urban Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and the
Senate.
(2) Exchange stabilization fund.--The term ``exchange
stabilization fund'' means the stabilization fund
referred to in section 5302(a)(1) of title 31, United
States Code.
c. FREEDOM Support Act of 1992
Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved
October 24, 1992
AN ACT To support freedom and open markets in the independent states of
the former Soviet Union, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Freedom for Russia and
Emerging Eurasian Democracies and Open Markets Support Act of
1992'' or the ``FREEDOM Support Act''.
* * * * * * *
TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS
Note.--Title X amendments to the Bretton Woods
Agreements Act, International Finance Corporation Act,
and the International Financial Institutions Act have
been incorporated into those Acts at the appropriate
places.
* * * * * * *
SEC. 1004.\1\ SUPPORT FOR MACROECONOMIC STABILIZATION IN THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION.
(a) In General.--In order to promote macroeconomic
stabilization and the integration of the independent states of
the former Soviet Union into the international financial
system, enhance the opportunities for trade, improve the
climate for foreign investment, and strengthen the process of
transformation of the former socialist economies into free
enterprise systems and thereby progressively enhance the well-
being of the citizens of these states, the United States should
in appropriate circumstances take a leading role in organizing
and supporting multilateral efforts at macroeconomic
stabilization and debt rescheduling, conditioned on the
appropriate development and implementation of comprehensive
economic reform programs.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5812 note.
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(b) Currency Stabilization.--In furtherance of the purposes
and consistent with the conditions described in subsection (a),
the Congress expresses its support for United States
participation, in sums of up to $3,000,000,000, in a currency
stabilization fund or funds for the independent states of the
former Soviet Union.
(c) Study of the Need for and Feasibility of a Currency
Stabilization Fund for Ukraine.--The Secretary of the Treasury
shall instruct the United States Executive Director of the
International Monetary Fund to use the voice and vote of the
United States to urge the Fund to conduct a study of the need
for and feasibility of a currency stabilization fund for
Ukraine, and, if it is found that such a fund is needed and is
feasible, which considers and makes recommendations with
respect to the economic and policy conditions required for the
success of such a fund.
* * * * * * *
SEC. 1007.\1\ REPORT ON DEBT OF THE FORMER SOVIET UNION HELD BY
COMMERCIAL FINANCIAL INSTITUTIONS.
The Secretary of the Treasury, using information available
from the International Monetary Fund, the International Bank
for Reconstruction and Development, and other appropriate
international financial institutions, shall report to the
Congress, not later than one year after the date of enactment
of this Act, on the debt incurred by the former Soviet Union
that is held by commercial financial institutions outside the
independent states of the former Soviet Union that are
obligated on such debt.
* * * * * * *
SEC. 1009. MULTILATERAL INVESTMENT GUARANTEES FOR THE INDEPENDENT
STATES OF THE FORMER SOVIET UNION.
Not later than 60 days after the date of enactment of this
Act, the United States Director of the Multilateral Investment
Guarantee Agency shall transmit to the Congress a report
analyzing--
(1) the investments in the independent states of the
former Soviet Union which have been guaranteed by the
Agency; and
(2) the demand for investment guarantees of the type
provided by the Agency for investments in the
independent states.
d. IFI Funding for Mines
Partial text of Public Law 99-88 [Supplemental Appropriations Act,
1985; H.R. 2577], 99 Stat. 293, approved August 15, 1985; as amended by
Public Law 102-285 [National Geologic Mapping Act of 1992, H.R. 2763],
106 Stat. 166, approved May 18, 1992
AN ACT Making supplemental appropriations for the fiscal year ending
September 30, 1985, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I
* * * * * * *
CHAPTER V
* * * * * * *
DEPARTMENT OF STATE
* * * * * * *
General Provisions
Sec. 501.\1\ The Secretary of the Treasury shall instruct
the United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
the Inter-American Development Bank, the International Monetary
Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States
to oppose any assistance by these institutions, using funds
appropriated or made available pursuant to this Act or any
other Act, for the production of any copper commodity for
export or for the financing of the expansion, improvement, or
modernization of copper mining, smelting, and refining
capacity.
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\1\ 22 U.S.C. 262k note.
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Sec. 502.\2\ (a) United States active participation in
international financial institution activity is based on our
national objective of furthering the economic and social
development of the nations of the world, in particular the
developing nations. The attainment of this national objective
is most effectively realized through a world economic and
financial system which is both free and stable. Therefore, it
is the intent of the United States Congress that United States
financial assistance to the international financial
institutions should be primarily directed to those projects
that would not generate excess commodity supplies in world
markets, displace private investment initiatives or foster
departures from a market-oriented economy.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 262k.
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(b) The Secretary of the Treasury shall instruct the
representatives of the United States to the international
financial institutions described in subsection (d) to take into
account in their review of loans, credits, or other utilization
of the resources of their respective institutions, the effect
that country adjustment programs would have upon individual
industry sectors and international commodity markets in order
to--
(1) minimize any projected adverse impacts on such
sector or markets of making such loans, credits, or
utilization of resources; and
(2) avoid whenever possible government subsidization
of production and exports of international commodities
without regard to economic conditions in the markets
for such commodities.
(c) More specifically, the following criteria should be
considered as a basis for a vote by the respective United
States Executive Director to each of the international
financial institutions described in subsection (d) against a
project proposal involving the creation of new capacity or the
expansion, improvement, or modification of mining, smelting,
refining, and fabricating of minerals and metal products:
(1) analysis shows that the risks, returns, and
incentives of a project are such that it could be
financed at reasonable terms by commercial lending
services.
(2) Analysis by the United States Bureau of Mines \3\
indicates that surplus capacity in the industry for the
primary product of the defined project would exist over
half the period of the economic life of the project
because of projected world demand and capacity
conditions.
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\3\ Sec. 10(b) of Public Law 102-285 (106 Stat. 172) changed the
name of the Bureau of Mines to the United States Bureau of Mines,
effective May 18, 1992.
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(3) United States imports of the commodity constitute
less than 50 percent of the domestic production of the
primary product in those cases where the United States
is the substantial producer of such commodities.
(d) The international financial institutions referred to in
subsections (a) and (b) are the International Monetary Fund,
the International Bank for Reconstruction and Development, the
International Development Association, the Inter-American
Development Bank, the Asian Development Bank, and the African
Development Bank.
* * * * * * *
e. International Debt Forgiveness and International Financial
Institutions Reform
Partial text of Public Law 106-429 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001; H.R. 5526,
enacted by reference in sec. 101(a) of Public Law 106-429], 114 Stat.
1900, approved November 6, 2000
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2001, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND INTERNATIONAL FINANCIAL
INSTITUTIONS REFORM
SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
INITIATIVE
(a) Repeal of Limitation on Availability of Earnings on
Profits of Nonpublic Gold Sales.--* * *
(b) Contributions to HIPC Trust Fund.--
(1) Authorization of appropriations for
contributions.--There is authorized to be appropriated
for the period beginning October 1, 2000, and ending
September 30, 2003, $435,000,000 for purposes of United
States contributions to the Heavily Indebted Poor
Countries (HIPC) Trust Fund administered by the Bank.
(2) Availability of amounts.--Amounts appropriated
pursuant to the authorization of appropriations in
paragraph (1) shall remain available until expended.
(c) Certification Required.--
(1) In general.--Except as provided in paragraph (2),
not later than 30 days after the date of enactment of
this Act, the Secretary shall certify to the
appropriate congressional committees that the following
requirements are satisfied:
(A) Implementation by the bank of certain
policies.--The Bank is implementing--
(i) policies providing for the
suspension of a loan if funds are being
diverted for purposes other than the
purpose for which the loan was
intended;
(ii) policies seeking to prevent
loans from displacing private sector
financing;
(iii) policies requiring that loans
other than project loans must be
disbursed
(I) on the basis of specific
prior reforms; or
(II) incrementally upon
implementation of specific
reforms after initial
disbursement;
(iv) policies seeking to minimize the
number of projects receiving financing
that would displace a population
involuntarily or be to the detriment of
the people or culture of the area into
which the displaced population is to be
moved;
(v) policies vigorously promoting
open markets and liberalization of
trade in goods and services;
(vi) policies providing that
financing by the Bank concentrates
chiefly on projects and programs that
promote economic and social progress
rather than short-term liquidity
financing; and
(vii) policies providing for the
establishment of appropriate
qualitative and quantitative indicators
to measure progress toward graduation
from receiving financing on
concessionary terms, including an
estimated timetable by which countries
may graduate over the next 15 years.
(B) Implementation by the fund of certain
policies.--The Fund is implementing--
(i) policies providing for the
suspension of a financing if funds are
being diverted for purposes other than
the purpose for which the financing was
intended;
(ii) policies seeking to ensure that
financing by the Fund normally serves
as a catalyst for private sector
financing and does not displace such
financing;
(iii) policies requiring that
financing must be disbursed--
(I) on the basis of specific
prior reforms; or
(II) incrementally upon
implementation of specific
reforms after initial
disbursement;
(iv) policies vigorously promoting
open markets and liberalization of
trade in goods and services;
(v) policies providing that financing
by the Fund concentrates chiefly on
short-term balance of payments
financing; and
(vi) policies providing for the use,
in conjunction with the Bank, of
appropriate qualitative and
quantitative indicators to measure
progress toward graduation from
receiving financing on concessionary
terms, including an estimated timetable
by which countries may graduate over
the next 15 years.
(2) Exception.--In the event that the Secretary
cannot certify that a policy described in paragraph
(1)(A) or (1)(B) is being implemented, the Secretary
shall, not later than 30 days after the date of
enactment of this Act, submit a report to the
appropriate congressional committees on the progress,
if any, made by the Bank or the Fund in adopting and
implementing such policy, as the case may be.
SEC. 802. STRENGTHENING PROCEDURES FOR MONITORING USE OF FUNDS BY
MULTILATERAL DEVELOPMENT BANKS
(a) In General.--The Secretary shall instruct the United
States Executive Director of each multilateral development bank
to exert the influence of the United States to strengthen the
bank's procedures and management controls intended to ensure
that funds disbursed by the bank to borrowing countries are
used as intended and in a manner that complies with the
conditions of the bank's loan to that country.
(b) Progress Evaluation.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report evaluating
the progress made toward achieving the objectives of subsection
(a), including a description of--
(1) any progress made in improving the supervision,
monitoring, and auditing of programs and projects
supported by each multilateral development bank, in
order to identify and reduce bribery and corruption;
(2) any progress made in developing each multilateral
development bank's priorities for allocating
anticorruption assistance;
(3) country-specific anticorruption programs
supported by each multilateral development bank;
(4) actions taken to identify and discipline
multilateral development bank employees suspected of
knowingly being involved in corrupt activities; and
(5) the outcome of efforts to harmonize procurement
practices across all multilateral development banks.
SEC. 803. REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF
INTERNATIONAL FINANCIAL INSTITUTIONS
(a) Annual Report on Financial Operations.--Beginning 180
days after the date of enactment of this Act, or October 31,
2000, whichever is later, and on October 31 of each year
thereafter, the Comptroller General of the United States shall
submit to the appropriate congressional committees a report on
the sufficiency of audits of the financial operations of each
multilateral development bank conducted by persons or entities
outside such bank.
(b) Annual Report on United States Supported Policies.--
Beginning 180 days after the date of enactment of this Act, or
October 31, 2000, whichever is later, and on October 31 of each
year thereafter, the Secretary shall submit a report to the
appropriate congressional committees on--
(1) the actions taken by recipient countries, as a
result of the assistance allocated to them by the
multilateral development banks under programs referred
to in section 802(b), to strengthen governance and
reduce the opportunity for bribery and corruption; and
(2) how International Development Association-
financed projects contribute to the eventual graduation
of a representative sample of countries from reliance
on financing on concessionary terms and international
development assistance.
(c) * * *
(d) Report on Debt Relief.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees on the
history of debt relief programs led by, or coordinated with,
international financial institutions, including but not limited
to--
(1) the extent to which poor countries and the
poorest-of-the-poor benefit from debt relief, including
measurable evidence of any such benefits; and
(2) the extent to which debt relief contributes to
the graduation of a country from reliance on financing
on concessionary terms and international development
assistance.
* * * * * * *
SEC. 806. DEFINITIONS
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate, and the Committee on
Banking and Financial Services and the Committee on
Appropriations of the House of Representatives.
(2) Bank.--The term ``Bank'' means the International
Bank for Reconstruction and Development.
(3) Fund.--The term ``Fund'' means the International
Monetary Fund.
(4) International financial institutions.--The term
``international financial institutions'' means the
multilateral development banks and the International
Monetary Fund.
(5) Multilateral development banks.--The term
``international financial institutions'' means the
International Bank for Reconstruction and Development,
the International Finance Corporation, the Inter-
American Development Bank, the Asian Development Bank,
the Inter-American Investment Corporation, the African
Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and
the Multilateral Investment Guarantee Agency.
(6) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001''.
f. Foreign Operations Appropriations Instructions, Fiscal Year 2006
Partial text of Public Law 109-102 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006; H.R. 3057],
119 Stat. 2172, approved November 14, 2005
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2006, and
for other purposes.
Note.--Sections from the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
2006, that follow provide instructions, restrictions,
and other provisions pertaining to U.S. participation
in international financial institutions. For the
complete text of P.L. 109-102, see Legislation on
Foreign Relations Through 2005, vol. I-A.
* * * * * * *
TITLE V--GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 501. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while any
alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
* * * * * * *
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
* * * * * * *
war criminals
Sec. 561. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means a
city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
* * * * * * *
special debt relief for the poorest
Sec. 565. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation, to
pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security forces)
does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
* * * * * * *
anticorruption provisions
Sec. 599D. Twenty percent of the funds appropriated by this
Act under the heading ``International Development
Association'', shall be withheld from disbursement until the
Secretary of the Treasury certifies to the appropriate
congressional committees that--
(1) World Bank procurement guidelines are applied to
all procurement financed in whole or in part by a loan
from the International Bank for Reconstruction and
Development (IBRD) or a credit agreement or grant from
the International Development Association (IDA);
(2) the World Bank proposal ``Increasing the Use of
Country Systems in Procurement'' dated March 2005 has
been withdrawn;
(3) the World Bank is maintaining a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions,
and complaints regarding procurement procedures and
payments under IDA and IBRD projects;
(4) thresholds for international competitive bidding
are established to maximize international competitive
bidding in accordance with sound procurement practices,
including transparency, competition, and cost-effective
results for the Borrowers;
(5) all tenders under the World Bank's national
competitive bidding provisions are subject to the same
advertisement requirements as tenders under
international competitive bidding; and
(6) loan agreements are made public between the World
Bank and the Borrowers.
* * * * * * *
g. International Lending Supervision Act of 1983
Partial text of Public Law 98-181 [Supplemental Appropriations Act,
1984; H.R. 3959], 97 Stat. 1153 at 1278, approved November 30, 1983; as
amended by Public Law 100-418 [Omnibus Trade and Competitiveness Act of
1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public Law
101-240 [International Development and Finance Act of 1989; H.R. 2494],
103 Stat. 2492, approved December 19, 1989; and Public Law 104-208
[Economic Growth and Regulatory Paperwork Reduction Act of 1996, title
II of the Omnibus Consolidated Appropriations Act for Fiscal Year 1997;
H.R. 3610], 110 Stat. 3009, approved September 30, 1996
AN ACT Making supplemental appropriations for the fiscal year ending
September 30, 1984, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE IX--INTERNATIONAL LENDING SUPERVISION
short title
Sec. 901. This title may be cited as the ``International
Lending Supervision Act of 1983''.
declaration of policy
Sec. 902.\1\ (a)(1) It is the policy of the Congress to
assure that the economic health and stability of the United
States and the other nations of the world shall not be
adversely affected or threatened in the future by imprudent
leading practices or inadequate supervision.
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\1\ 12 U.S.C. 3901.
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(2) This shall be achieved by strengthening the bank
regulatory framework to encourage prudent private
decisionmaking and by enhancing international coordination
among bank regulatory authorities.
(b) The Federal banking agencies shall consult with the
banking supervisory authorities of other countries to reach
understandings aimed at achieving the adoption of effective and
consistent supervisory policies and practices with respect to
international lending.
definitions
Sec. 903.\2\ For purposes of this title--
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\2\ 12 U.S.C. 3902.
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(1) the term ``appropriate Federal banking agency''
has the same meaning given such term in section 3(q) of
the Federal Deposit Insurance Act, except that for
purposes of this title such term means the Board of
Governors of the Federal Reserve System for--
(A) bank holding companies and any nonbank
subsidiary thereof;
(B) Edge Act corporations organized under
section 25(a) of the Federal Reserve Act; and
(C) Agreement Corporations operating under
section 25 of the Federal Reserve Act; and
(2) the term ``banking institution'' means--
(A)(i) an insured bank as defined in section
3(h) of the Federal Deposit Insurance Act or
any subsidiary of an insured bank;
(ii) an Edge Act corporation organized under
section 25(a) of the Federal Reserve Act; and
(iii) an Agreement Corporation operating
under section 25 of the Federal Reserve Act;
and
(B) to the extent determined by the
appropriate Federal banking agency, any agency
or branch of a foreign bank, and any commercial
lending company owned or controlled by one or
more foreign banks or companies that control a
foreign bank as those terms are defined in the
International Banking Act of 1978. The term
``banking institution'' shall not include a
foreign bank.
strengthened supervision of international lending
Sec. 904.\3\ (a) Each appropriate Federal banking agency
shall evaluate banking institution foreign country exposure and
transfer risk for use in banking institution examination and
supervision.
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\3\ 12 U.S.C. 3903.
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(b) Each such agency shall establish examination and
supervisory procedures to assure that factors such as foreign
country exposure and transfer risk are taken into account in
evaluating the adequacy of the capital of banking institutions.
reserves
Sec. 905.\4\ (a)(1) Each appropriate Federal banking agency
shall require a banking institution to establish and maintain a
special reserve whenever, in the judgment of such appropriate
Federal banking agency--
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\4\ 12 U.S.C. 3904.
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(A) the quality of such banking institution's assets
has been impaired by a protracted inability of public
or private borrowers in a foreign country to make
payments on their external indebtedness as indicated by
such factors, among others, as--
(i) a failure by such public or private
borrowers to make full interest payments on
external indebtedness.
(ii) a failure to comply with the terms of
any restructured indebtedness; or
(iii) a failure by the foreign country to
comply with any International Monetary Fund or
other suitable adjustment program; or
(B) no definite prospects exist for the orderly
restoration of debt service.
(2) Such reserves shall be charged against current income
and shall not be considered as part of capital and surplus or
allowances for possible loan losses for regulatory,
supervisory, or disclosure purposes.
(b) The appropriate Federal banking agencies shall analyze
the results of foreign loan rescheduling negotiations, assess
the loan loss risk reflected in rescheduling agreements, and,
using the powers set forth in section 908 (regarding capital
adequacy), ensure that the capital and reserve positions of
United States banks are adequate to accommodate potential
losses on their foreign loans.
(c) The appropriate Federal banking agencies shall
promulgate regulations or orders necessary to implement this
section within 120 days after the date of the enactment of this
title.
additional reserve requirements
Sec. 905A.\5\ (a) In General.--Each appropriate Federal
banking agency shall review the exposure to risk of United
States banking institutions arising from the medium- and long-
term loans made by such institutions that are outstanding to
any highly indebted country. Each agency shall provide
direction to such institutions regarding additions to general
reserves maintained by each banking institution for potential
loan losses and special reserves required by such agency
arising from such review.
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\5\ 12 U.S.C. 3904a. Sec. 402(b) of the International Development
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2501) added sec.
905A. Sec. 402(a) of that Act also provided the following, titled
``Additional Reserve Requirements'':
``(a) Findings.--The Congress finds that--
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``(1) since the adoption of the International Lending Supervision Act of
1983, the credit quality of loans by United States banking institutions to
highly indebted countries has deteriorated and the prospects for full
repayment of such loans have diminished;
``(2) in general during this period, the level of country exposure and
transfer risk associated with loans by United States banking institutions
to highly indebted countries has not been adequately reflected in the
reserve levels established by many individual United States banking
institutions or the reserve requirements imposed by Federal banking
agencies pursuant to such Act;
``(3) during the last 3 years and particularly in recent months, United
States banking institutions have increased their reserves for possible
losses from loans to highly indebted countries but such reserves remain, in
some cases, significantly lower than reserves established by banking
institutions in a number of foreign countries and may not be adequate to
deal with potential risks; and
``(4) in order to fulfill the purposes of such Act, the Federal banking
agencies should take a more active role in reviewing reserve levels
established by United States banking institutions for potential losses from
loans to highly indebted countries and in requiring appropriate levels of
both special and general reserves to reflect the increased risk of such
loans.''.
(b) Determination of Institutional Exposure to Risk.--In
determining the exposure of an institution to risk for purposes
of subsection (a), the appropriate Federal banking agency--
(1) shall determine whether any country exposure that
is, and has been for at least 2 years, rated in the
category ``Other Transfer Risk Problems'' or the
category ``Substandard'' by the Interagency Country
Exposure Review Committee should be reevaluated;
(2) may exempt, in full or in part, from reserve
requirements established pursuant to subsection (a),
any loan--
(A) to a country that enters into a debt
reduction, debt service reduction, or financing
program with its bank creditors that is
supported by the International Bank for
Reconstruction and Development or the
International Monetary Fund; or
(B) secured, in whole or in part, by
appropriate collateral for payment of interest
or principal;
(3) take into account any other factors which bear on
such exposure and the particular circumstances of the
institution; and
(4) shall consider as indicators of risk, where
appropriate, the average reserve levels maintained by
or required of banking institutions in foreign
countries and secondary market prices for such loans.
(c) Timing and Report.--
(1) Determined by agency.--Except as provided in
paragraph (3), each appropriate Federal banking agency
shall determine the timing of any addition to reserves
required by subsection (a).
(2) Report.--Each appropriate Federal banking agency
shall include in each report required to be made under
section 913(d) after 1989 a report on the actions taken
pursuant to this section.
(3) Deadline.--Each Federal agency required to
undertake a review described in subsection (a) shall
complete the review not later than December 31, 1990.
(d) Highly Indebted Country Defined.--As used in this
section, the term ``highly indebted country'' means any country
designated as a ``Highly Indebted Country'' in the annual World
Debt Tables most recently published by the International Bank
for Reconstruction and Development before the date of the
enactment of this section.
accounting for fees on international loans
Sec. 906.\6\ (a)(1) In order to avoid excessive debt
service burdens on debtor countries, no banking institution
shall charge, in connection with the restructuring of an
international loan, any fee exceeding the administrative cost
of the restructuring unless it amortizes such fee over the
effective life of each such loan.
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\6\ 12 U.S.C. 3905.
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(2)(A) Each appropriate Federal banking agency shall
promulgate such regulations as are necessary to further carry
out the provisions of this subsection.
(B) The requirement of paragraph (1) shall take effect on
the date of the enactment of this section.
(b)(1) Subject to subsection (a), the appropriate Federal
banking agencies shall promulgate regulations for accounting
for agency, commitment, management and other fees charged by a
banking institution in connection with an international loan.
(2) Such regulations shall establish the accounting
treatment of such fees for regulatory, supervisory, and
disclosure purposes to assure that the appropriate portion of
such fees is accrued in income over the effective life of each
such loan.
(3) The appropriate Federal banking agencies shall
promulgate regulations or orders necessary to implement this
subsection within 120 days after the date of the enactment of
this title.
collection and disclosure of certain international lending data
Sec. 907.\7\ (a) Each appropriate Federal banking agency
shall require, by regulation, each banking institution with
foreign country exposure to submit, no fewer than four times
each calendar year, information regarding such exposure in a
format prescribed by such regulations.
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\7\ 12 U.S.C. 3906.
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(b) Each appropriate Federal banking agency shall require,
by regulation, banking institutions to disclose to the public
information regarding material foreign country exposure in
relation to assets and to capital.
(c) The appropriate Federal banking agencies shall
promulgate regulations or orders necessary to implement this
section within 120 days after the date of the enactment of this
title.
capital adequacy
Sec. 908.\8\ (a)(1) Each appropriate Federal banking agency
shall cause banking institutions to achieve and maintain
adequate capital by establishing minimum levels of capital for
such banking institutions and by using such other methods as
the appropriate Federal banking agency deems appropriate.
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\8\ 12 U.S.C. 3907.
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(2) Each appropriate Federal banking agency shall have the
authority to establish such minimum level of capital for a
banking institution as the appropriate Federal banking agency,
in its discretion, deems to be necessary or appropriate in
light of the particular circumstances of the banking
institution.
(b)(1) Failure of a banking institution to maintain capital
at or above its minimum level as established pursuant to
subsection (a) may be deemed by the appropriate Federal banking
agency, in its discretion, to constitute an unsafe and unsound
practice within the meaning of section 8 of the Federal Deposit
Insurance Act.
(2)(A) In addition to, or in lieu of, any other action
authorized by law, including paragraph (1), the appropriate
Federal banking agency may issue a directive to a banking
institution that fails to maintain capital at or above its
required level as established pursuant to subsection (a).
(B)(i) Such directive may require the banking institution
to submit and adhere to a plan acceptable to the appropriate
Federal banking agency describing the means and timing by which
the banking institution shall achieve its required capital
level.
(ii) Any such directive issued pursuant to this paragraph,
including plans submitted pursuant thereto, shall be
enforceable under the provisions of section 8(i) of the Federal
Deposit Insurance Act to the same extent as an effective and
outstanding order issued pursuant to section 8(b) of the
Federal Deposit Insurance Act which has become final.
(3)(A) Each appropriate Federal banking agency may consider
such banking institution's progress in adhering to any plan
required under this subsection whenever such banking
institution, or an affiliate thereof, or the holding company
which controls such banking institution, seeks the requisite
approval of such appropriate Federal banking agency for any
proposal which would divert earnings, diminish capital, or
otherwise impede such banking institution's progress in
achieving its minimum capital level.
(B) Such appropriate Federal banking agency may deny such
approval where it determines that such proposal would adversely
affect the ability of the banking institution to comply with
such plan.
(C) The Chairman of the Board of Governors of the Federal
Reserve System and the Secretary of the Treasury shall
encourage governments, central banks, and regulatory
authorities of other major banking countries to work toward
maintaining and, where appropriate, strengthening the capital
bases of banking institutions involved in international
lending.
foreign loan evaluations
Sec. 909.\9\ (a)(1) In any case in which one or more
banking institutions extend credit, whether by loan, lease,
guarantee, or otherwise, which individually or in the aggregate
exceeds $20,000,000, to finance any project which has as a
major objective the construction or operation of any mining
operation, any metal or mineral primary processing operation,
any fabricating facility or operation, or any metal-making
operations (semi and finished) located outside the United
States or its territories and possessions, a written economic
feasibility evaluation of such foreign project shall be
prepared and approved in writing by a senior official of the
banking institution, or, if more than one banking institution
is involved, the lead banking institution, prior to the
extension of such credit.
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\9\ 12 U.S.C. 3908.
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(2) Such evaluation shall--
(A) take into account the profit potential of the
project, the impact of the project on world markets,
the inherent competitive advantages and disadvantages
of the project over the entire life of the project, and
the likely effect of the project upon the overall long-
term economic development of the country in which the
project is located; and
(B) consider whether the extension of credit can
reasonably be expected to be repaid from revenues
generated by such foreign project without regard to any
subsidy, as defined in international agreements,
provided by the government involved or any
instrumentality of any country.
(b) Such economy feasibility evaluations shall be reviewed
by representatives of the appropriate Federal banking agencies
whenever an examination by such appropriate Federal banking
agency is conducted.
(c)(1) The authorities of the Federal banking agencies
contained in section 8 of the Federal Deposit Insurance Act and
in section 910 of this Act, except those contained in section
910(d), shall be applicable to this section.
(2) No private right of action or claim for relief may be
predicated upon this section.
general authorities
Sec. 910.\10\ (a)(1) The appropriate Federal banking
agencies are authorized to interpret and define the terms used
in this title, and each appropriate Federal banking agency
shall prescribe rules or regulations or issue orders as
necessary to effectuate the purposes of this title and to
prevent evasions thereof.
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\10\ 12 U.S.C. 3909.
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(2) The appropriate Federal banking agency is authorized to
apply the provisions of this title to any affiliate of an
insured bank, but only to affiliates for which it is the
appropriate Federal banking agency, in order to promote uniform
application of this title or to prevent evasions thereof.
(3) For purposes of this section, the term ``affiliate''
shall have the same meaning as in section 23A of the Federal
Reserve Act, except that the term ``member bank'' in such
section shall be deemed to refer to an ``insured bank'', as
such term is used in section 3(h) of the Federal Deposit
Insurance Act.
(b) The appropriate Federal banking agencies shall
establish uniform systems to implement the authorities provided
under this title.
(c)(1) The powers and authorities granted in this title
shall be supplemental to and shall not be deemed in any manner
to derogate from or restrict the authority of each appropriate
Federal banking agency under section 8 of the Federal Deposit
Insurance Act or any other law including the authority to
require additional capital or reserves.
(2) Any such authority may be used by any appropriate
Federal banking agency to ensure compliance by a banking
institution with the provisions of this title and all rules,
regulations, or orders issued pursuant thereto.
(d)(1) Any banking institution which violates, or any
officer, director, employee, agent, or other person
participating in the conduct of the affairs of such banking
institution, who violates any provision of this title or any
rule, regulation, or order, issued under this title, shall
forfeit and pay a civil penalty of not more than $1,000 per day
for each day during which such violation continues.
(2) Such violations shall be deemed to be a violation of a
final order under section 8(i)(2) of the Federal Deposit
Insurance Act and the penalty shall be assessed and collected
by the appropriate Federal banking agency under the procedures
established by, and subject to the rights afforded to parties
in, such section.
gao audit authority
Sec. 911.\11\ (a)(1) Under regulations of the Comptroller
General, the Comptroller General shall audit the appropriate
Federal banking agencies (as defined in section 903 of this
title), but may carry out an on site examination of an open
insured bank or bank holding company only if the appropriate
Federal banking agency has consented in writing.
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\11\ 12 U.S.C. 3910. Sec. 8(b) of the GAO Human Capital Reform Act
of 2004 (Public Law 108-271; 118 Stat. 814; 31 U.S.C. 702 note)
provided: ``Any reference to the General Accounting Office in any law,
rule, regulation, certificate, directive, instruction, or other
official paper in force on the date of enactment of this Act shall be
considered to refer and apply to the Government Accountability
Office.''.
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(2) An audit under this subsection may include a review or
evaluation of the international regulation, supervision, and
examination activities of the appropriate Federal banking
agency, including the coordination of such activities with
similar activities of regulatory authorities of a foreign
government or international organization.
(3) Audits of the Federal Reserve Board and Federal Reserve
banks may not include--
(A) transactions for, or with, a foreign central
bank, government of a foreign country, or nonprivate
international financing organization;
(B) deliberations, decisions, or actions on monetary
policy matters, including discount window operations,
reserves of member banks, securities credit, interests
on deposits, or open market operations;
(C) transactions made under the direction of the
Federal Open Market Committee; or
(D) a part of a discussion or communication among or
between members of the Board of Governors of the
Federal Reserve System and officers and employees of
the Federal Reserve System related to subparagraphs (A)
through (C) of this paragraph.
(b)(1)(A) Except as provided in this subsection, an officer
or employee of the General Accounting Office may not disclose
information identifying an open bank, an open bank holding
company, or a customer of an open or closed bank or bank
holding company.
(B) The Comptroller General may disclose information
related to the affairs of a closed bank or closed bank holding
company identifying a customer of the closed bank or closed
bank holding company only if the Comptroller General believes
the customer had a controlling influence in the management of
the closed bank or closed bank holding company or was related
to or affiliated with a person or group having a controlling
influence.
(2) An officer or employee of the General Accounting Office
may discuss a customer, bank, or bank holding company with an
official of an appropriate Federal banking agency and may
report an apparent criminal violation to an appropriate law
enforcement authority of the United States Government or a
State.
(3) This subsection does not authorize an officer or
employee of an appropriate Federal banking agency to withhold
information from a committee of the Congress authorized to have
the information.
(c)(1)(A) To carry out this section, all records and
property of or used by an appropriate Federal banking agency,
including samples of reports of examinations of a bank or bank
holding company the Comptroller General considers statistically
meaningful and workpapers and correspondence related to the
reports shall be made available to the Comptroller General,
including such records and property pertaining to the
coordination of international regulation, supervision and
examination activities of an appropriate Federal banking
agency.
(B) The Comptroller General shall give each appropriate
Federal banking agency a current list of officers and employees
to whom, with proper identification, records and property may
be made available, and who may make notes or copies necessary
to carry out an audit.
(C) Each appropriate Federal banking agency shall give the
Comptroller General suitable and lockable offices and
furniture, telephones, and access to copying facilities.
(2) Except for the temporary removal of workpapers of the
Comptroller General that do not identify a customer of a open
or closed bank or bank holding company, an open bank, or an
open bank holding company, all workpapers of the Comptroller
General and records and property of or used by an appropriate
Federal banking agency that the Comptroller General possesses
during an audit, shall remain in such agency. The Comptroller
General shall prevent unauthorized access to records or
property.
equal representation for the federal deposit insurance corporation
Sec. 912.\12\ As one of the three Federal bank regulatory
and supervisory agencies, and as the insurer of the United
States banks involved in international lending, the Federal
Deposit Insurance Corporation shall be given equal
representation with the Board of Governors of the Federal
Reserve System and the Office of the Comptroller of the
Currency on the Committee on Banking Regulations and
Supervisory Practices of the Group of Ten Countries and
Switzerland.
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\12\ 12 U.S.C. 3911.
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Sec. 913.\13\ * * * [Repealed--1996]
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\13\ Formerly at 12 U.S.C. 3912. Sec. 2224(c) of title II of Public
Law 104-208 (110 Stat. 3009) repealed sec. 913, which had required the
Treasury Department to issue reports to Congress on international
lending operations of banking institutions.
h. Multilateral Development Banks--Sense of Congress
Partial text of Public Law 98-181 [Supplemental Appropriations Act,
1984; H.R. 3959], 97 Stat. 1153 at 1286, approved November 30, 1983
Note.--Except for the provisions included below,
title X of this Act consists of amendments to the
Inter-American Development Bank Act, the Asian
Development Bank Act, and the African Development Fund
Act. These amendments have been incorporated at the
appropriate places in the text.
AN ACT Making supplemental appropriations for the fiscal year ending
September 30, 1984, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE X--MULTILATERAL DEVELOPMENT BANKS
* * * * * * *
study
Sec. 1005. (a) It is the sense of Congress that--
(1) the multilateral development institutions serve
an invaluable role in promoting developing abroad;
(2) foreign direct investment, trade, and commercial
lending make a contribution at least equal to that of
development assistance in promoting development;
(3) United States economic interests are vitally
affected by conditions in developing countries; and
(4) the multilateral development banks already play
an important, although indirect, role in encouraging
private investment flows.
(b)(1)(A) The Secretary of the Treasury shall conduct a
study of how the multilateral development institutions could
more actively encourage foreign direct investment and
commercial capital flows and channel such investment and
capital flows to developing countries for sound and productive
development projects through the International Finance
Corporation in cooperation with the multilateral development
institutions or through a new investment banking facility at
one or more of these institutions.
(B) In addition, such study shall evaluate whether the
multilateral development institutions could help increase
foreign direct investment and commercial capital flows by
insuring that the interests of investors and host governments
are adequately protected.
(2) The Secretary of the Treasury shall solicit comments on
such study from the multilateral development institutions and
shall incorporate such comments with the study in a report to
be transmitted to both Houses of the Congress within one
hundred and eighty days of the date of the enactment of this
section.
personnel practices
Sec. 1006. (a) \1\ It shall be the policy of the United
States that no initiatives, discussions or recommendations
concerning the placement or removal of any Inter-American
Development Bank, Asian Development Bank, or African
Development Bank personnel shall be based on the political
philosophy or activity of the individual under consideration.
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\1\ 22 U.S.C. 276e-3.
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(b) The Secretary of the Treasury shall consult with the
Chairman and ranking minority member of the Committee on
Banking, Finance and Urban Affairs \2\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate and the relevant subcommittees prior to any discussions
or recommendations by any official of the United States
Government concerning the placement or removal of any principal
officer of the Inter-American Development Bank, Asian
Development Bank, or African Development Bank management.
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\2\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
i. Foreign Currency Reports
Added to 31 United States Code by Public Law 93-110 [An Act To Amend
the Par Value Modification Act; H.R. 6912], 87 Stat. 352, approved
September 21, 1973; as amended by Public Law 98-473 [Comprehensive
Crime Control Act of 1984, H.J. Res. 648], 98 Stat. 1837, approved
October 12, 1984; Public Law 99-570 [Anti-Drug Abuse Act of 1986, H.R.
5484], 100 Stat. 3207, approved October 27, 1986; Public Law 100-690
[Anti-Drug Abuse Act of 1988, H.R. 5210], 102 Stat. 4181, approved
November 18, 1988; Public Law 102-550 [Housing and Community
Development Act of 1992, H.R. 5334], 106 Stat. 3672, approved October
28, 1992; Public Law 103-322 [Violent Crime Control and Law Enforcement
Act of 1994; H.R. 3355], 108 Stat. 1796, approved September 13, 1994;
Public Law 103-325 [Riegle Community Development and Regulatory
Improvement Act of 1994; H.R. 3474], 108 Stat. 2160, approved September
23, 1994; Public Law 104-208 [Omnibus Consolidated Appropriations Act
for 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; and
Public Law 107-56 [Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001; H.R. 3162], 115 Stat. 272, approved October
26, 2001
TITLE 31, U.S.C.\1\
Sec. 5315. Reports on foreign currency transactions
(a) Congress finds that--
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\1\ These provisions were originally enacted as title II of Public
Law 93-110 and codified at 31 U.S.C. 1151. That text provided a
congressional statement of findings, granted the Secretary of the
Treasury the authority to prescribe regulations, and established
enforcement provisions. Public Law 97-258 amended and recodified title
31, U.S.C., and incorporated an amended text of title II into the
revised title 31.
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(1) moving mobile capital can have a significant
impact on the proper functioning of the international
monetary system;
(2) it is important to have the most feasible current
and complete information on the kind and source of
capital flows, including transactions by large United
States businesses and their foreign affiliates; and
(3) additional authority should be provided to
collect information on capital flows under section 5(b)
of the Trading With the Enemy Act (50 App. U.S.C. 5(b))
and section 8 of the Bretton Woods Agreement Act (22
U.S.C. 286f).
(b) In this section, ``United States person'' and ``foreign
person controlled by a United States person'' have the same
meanings given those terms in section 7(f) (A) and (C),
respectively, of the Securities and Exchange Act of 1934 (15
U.S.C. 78g(f)(2)(A), (C)).
(c) The Secretary of the Treasury shall prescribe
regulations consistent with subsection (a) of this section
requiring reports on foreign currency transactions conducted by
a United States person or a foreign person controlled by a
United States person. The regulations shall require that a
report contain information and be submitted at the time and in
the way, with reasonable exceptions and classifications,
necessary to carry out this section.
* * * * * * *
Sec. 5320. Injunctions
When the Secretary of the Treasury believes a person has
violated, is violating, or will violate this subchapter, or a
regulation prescribed or order issued under this subchapter,
the Secretary may bring a civil action in the appropriate
district court of the United States or appropriate United
States court of a territory or possession of the United States
to enjoin the violation or to enforce compliance with the
subchapter, regulation, or order. An injunction or temporary
restraining order shall be issued without bond.
Sec. 5321. Civil penalties
(a)(1) A domestic financial institution or nonfinancial
trades or businesses, \2\ and a partner, director, officer, or
employee of a domestic financial institution or nonfinancial
trades or businesses, \2\ willfully violating this subchapter
or a regulation prescribed order issued \3\ under this
subchapter (except sections 5314 and 5315 of this title or a
regulation prescribed under sections 5314 and 5315) or
willfully violating a regulation prescribed under Section 21 of
the Federal Deposit Insurance Act or section 123 of Public Law
91-508, \3\ is liable to the United States Government for a
civil penalty of not more than the greater of the amount (not
to exceed $100,000) \4\ involved in the transaction (if any)
\5\ or $25,000. For a violation of section 5318(a)(2) of this
title or a regulation prescribed under section 5318(a)(2), a
separate violation occurs for each day the violation continues
and at each office, branch, or place of business at which a
violation occurs or continues.
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\2\ Sec. 365(c)(2(B) of the USA PATRIOT ACT of 2001 (Public Law
107-56; 115 Stat. 335) inserted ``or nonfinancial trades or
businesses''.
\3\ Sec. 353(b) of the USA PATRIOT ACT of 2001 (Public Law 107-56;
115 Stat. 322) inserted ``or order issued'' and inserted ``or willfully
violating a regulation prescribed under Section 21 of the Federal
Deposit Insurance Act or section 123 of Public Law 91-508,''.
\4\ Originally enacted as ''$1,000''. Sec. 901(a) of Public Law 98-
473 (98 Stat. 2135) struck out ``$1,000'' and inserted in lieu thereof
``$10,000''; subsequently the penalty was raised to $100,000 by sec.
1357(b) of Public Law 99-570 (100 Stat. 3207-24).
\5\ Sec. 6185(g)(2) of Public Law 100-690 (102 Stat. 4357) inserted
``(if any)''.
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(2) The Secretary of the Treasury may impose an additional
civil penalty on a person not filing a report, or filing a
report containing a material omission or misstatement, under
section 5316 of this title or a regulation prescribed under
section 5316. A civil penalty under this paragraph may not be
more than the amount of the monetary instrument for which the
report was required. A civil penalty under this paragraph is
reduced by an amount forfeited under section 5317(b) of this
title.
(3) \6\ A person not filing a report under a regulation
prescribed under section 5315 of this title or not complying
with an injunction under section 5320 of this title enjoining a
violation of, or enforcing compliance with, section 5315 or a
regulation prescribed under section 5315, is liable to the
Government for a civil penalty of not more than $10,000.
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\6\ Sec. 1357 of Public Law 99-570 (100 Stat. 3207-24) added paras.
(4) through (6).
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(4) Structured transaction violation.--
(A) Penalty authorized.--The Secretary of the
Treasury may impose a civil money penalty on any person
who \7\ violates any provision of section 5324.
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\7\ Sec. 411(b) of Public Law 103-325 (108 Stat. 2253) struck out
``willfully'' following ``who''.
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(B) Maximum amount limitation.--The amount of any
civil money penalty imposed under subparagraph (A)
shall not exceed the amount of the coins and currency
(or such other monetary instruments as the Secretary
may prescribe) involved in the transaction with respect
to which such penalty is imposed.
(C) Coordination with forfeiture provision.--The
amount of any civil money penalty imposed by the
Secretary under subparagraph (A) shall be reduced by
the amount of any forfeiture to the United States \8\
in connection with the transaction with respect to
which such penalty is imposed.
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\8\ Sec. 1525(b) of Public Law 102-550 (106 Stat. 4065) struck out
``under section 5317(d)'' from this point.
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(5) \6\ Foreign financial agency transaction violation.--
(A) Penalty authorized.--The Secretary of the
Treasury may impose a civil money penalty on any person
who willfully violates or any person willfully causing
\9\ any violation of \10\ any provision of section
5314.
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\9\ Sec. 1535(a)(2) of Public Law 102-550 (106 Stat. 4066) inserted
``or any person willfully causing'' after ``willfully violates''.
\10\ Sec. 330017(a)(1) of Public Law 103-322 (108 Stat. 2149)
inserted ``any violation of'' after ``causing''. Sec. 413(a)(1) of
Public Law 103-325 (108 Stat. 2254) made an identical amendment.
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(B) Maximum amount limitation.--The amount of any
civil money penalty imposed under subparagraph (A)
shall not exceed--
(i) in the case of violation of such section
involving a transaction, the greater of--
(I) the amount (not to exceed
$100,000) of the transaction; or
(II) $25,000; and
(ii) in the case of violation of such section
involving a failure to report the existence of
an account or any identifying information
required to be provided with respect to such
account, the greater of--
(I) an amount (not to exceed
$100,000) equal to the balance in the
account at the time of the violation;
or
(II) $25,000.
(6) \11\ Negligence.--
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\11\ Sec. 1357 of Public Law 99-570 (100 Stat. 3207-24) added para.
(6). Para. (6) was amended and restated by sec. 1561(a) of Public Law
102-550 (106 Stat. 4071), effective with respect to violations
committed after October 28, 1992.
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(A) In general.--The Secretary of the Treasury may
impose a civil money penalty of not more than $500 on
any financial institution or nonfinancial trades or
businesses, \2\ which negligently violates any
provision of this subchapter or any regulation
prescribed under this subchapter.
(B) Patterns of negligent activity.--If any financial
institution or nonfinancial trades or businesses, \2\
engages in a pattern of negligent violations of any
provision of this subchapter or any regulation
prescribed under this subchapter, the Secretary of the
Treasury may, in addition to any penalty imposed under
subparagraph (A) with respect to any such violation,
impose a civil money penalty of not more than $50,000
on the financial institution or nonfinancial trades or
businesses. \2\
(7) \12\ Penalties for international counter money
laundering violations.--The Secretary may impose a civil money
penalty in an amount equal to not less than 2 times the amount
of the transaction, but not more than $1,000,000, on any
financial institution or agency that violates any provision of
subsection (i) or (j) of section 5318 or any special measures
imposed under section 5318A.
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\12\ Sec. 563(a) of the USA PATRIOT ACT of 2001 (Public Law 107-56;
115 Stat. 332) inserted para. (7). Previously, sec. 2223(3) of Public
Law 104-208 (110 Stat. 3009) struck out the original para. (7), which
had authorized the Secretary of the Treasury to impose civil money
penalties on those found to be in violation of reporting requirements
in 31 U.S.C. 5327. Public Law 104-208 also repealed 31 U.S.C. 5327.
Para. (7) was originally added to this section by sec. 1511(b) of
Public Law 102-550 (106 Stat. 4056).
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(b) \13\ Time Limitations for Assessments and Commencement
of Civil Actions.--
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\13\ Sec. 1357(e) of Public Law 99-570 (100 Stat. 3207-24) amended
and restated subsec. (b).
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(1) Assessments.--The Secretary of the Treasury may
assess a civil penalty under subsection (a) at any time
before the end of the 6-year period beginning on the
date of the transaction with respect to which the
penalty is assessed.
(2) Civil actions.--The Secretary may commence a
civil action to recover a civil penalty assessed under
subsection (a) at any time before the end of the 2-year
period beginning on the later of--
(A) the date the penalty was assessed; or
(B) the date any judgment becomes final in
any criminal action under section 5322 in
connection with the same transaction with
respect to which the penalty is assessed.
(c) The Secretary may remit any part of a forfeiture under
subsection (c) or (d) of section 5317 \14\ of this title or
civil penalty under subsection (a)(2) of this section.
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\14\ Sec. 1357(h) of Public Law 99-570 struck out ``section
5317(d)'' and inserted in lieu thereof ``subsection (c) or (d) of
section 5317''.
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(d) \15\ Criminal Penalty Not Exclusive of Civil Penalty.--
A civil money penalty may be imposed under subsection (a) with
respect to any violation of this subchapter notwithstanding the
fact that a criminal penalty is imposed with respect to the
same violation.
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\15\ Sec. 1357(f) of Public Law 99-570 added subsec. (d).
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(e) \16\ Delegation of Assessment Authority to Banking
Agencies.--
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\16\ Sec. 406 of Public Law 103-325 (108 Stat. 2247) added subsec.
(e).
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(1) In general.--The Secretary of the Treasury shall
delegate, in accordance with section 5318(a)(1) and
subject to such terms and conditions as the Secretary
may impose in accordance with paragraph (3), any
authority of the Secretary to assess a civil money
penalty under this section on depository institutions
(as defined in section 3 of the Federal Deposit
Insurance Act) to the appropriate Federal banking
agencies (as defined in such section 3).
(2) Authority of agencies.--Subject to any term or
condition imposed by the Secretary of the Treasury
under paragraph (3), the provisions of this section
shall apply to an appropriate Federal banking agency to
which is delegated any authority of the Secretary under
this section in the same manner such provisions apply
to the Secretary.
(3) Terms and conditions.--
(A) In general.--The Secretary of the
Treasury shall prescribe by regulation the
terms and conditions which shall apply to any
delegation under paragraph (1).
(B) Maximum dollar amount.--The terms and
conditions authorized under subparagraph (A)
may include, in the Secretary's sole
discretion, a limitation on the amount of any
civil penalty which may be assessed by an
appropriate Federal banking agency pursuant to
a delegation under paragraph (1).
* * * * * * *
Sec. 5331. Reports relating to coins and currency received in
nonfinancial trade or business \17\
(a) Coin and Currency Receipts of More Than $10,000.--Any
person--
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\17\ Sec. 565(a) of the USA PATRIOT ACT of 2001 (Public Law 107-56;
115 Stat. 333) added sec. 5331.
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(1) who is engaged in a trade or business; and
(2) who, in the course of such trade or business,
receives more than $10,000 in coins or currency in 1
transaction (or 2 or more related transactions),
shall file a report described in subsection (b) with respect to
such transaction (or related transactions) with the Financial
Crimes Enforcement Network at such time and in such manner as
the Secretary may, by regulation, prescribe.
(b) Form and Manner of Reports.--A report is described in
this subsection if such report--
(1) is in such form as the Secretary may prescribe;
(2) contains--
(A) the name and address, and such other
identification information as the Secretary may
require, of the person from whom the coins or
currency was received;
(B) the amount of coins or currency received;
(C) the date and nature of the transaction;
and
(D) such other information, including the
identification of the person filing the report,
as the Secretary may prescribe.
(c) Exceptions.--
(1) Amounts received by financial institutions.--
Subsection (a) shall not apply to amounts received in a
transaction reported under section 5313 and regulations
prescribed under such section.
(2) Transactions occurring outside the united
states.--Except to the extent provided in regulations
prescribed by the Secretary, subsection (a) shall not
apply to any transaction if the entire transaction
occurs outside the United States.
(d) Currency Includes Foreign Currency and Certain Monetary
Instruments.--
(1) In general.--For purposes of this section, the
term ``currency'' includes--
(A) foreign currency; and
(B) to the extent provided in regulations
prescribed by the Secretary, any monetary
instrument (whether or not in bearer form) with
a face amount of not more than $10,000.
(2) Scope of application.--Paragraph (1)(B) shall not
apply to any check drawn on the account of the writer
in a financial institution referred to in subparagraph
(A), (B), (C), (D), (E), (F), (G), (J), (K), (R), or
(S) of section 5312(a)(2).
j. Par Value Modification Act, as amended
Public Law 92-268 [S. 3160], 86 Stat. 116, approved March 31, 1972; as
amended by Public Law 93-110 [H.R. 6912], 87 Stat. 532, approved
September 21, 1973; Public Law 94-564 [H.R. 13955], 90 Stat. 2660,
approved October 19, 1976; and Public Law 97-258 [H.R. 6128], 97 Stat.
877 at 992, approved September 13, 1982
AN ACT To provide for a modification in the par value of the dollar,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Section 1. This Act may be cited as the ``Par Value
Modification Act''.
Sec. 2.\1\ * * * [Repealed--1978]
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\1\ Upon entry into force on April 1, 1978, of the amendments to
the Articles of Agreement of the IMF, sec. 2 was repealed, as provided
for by sec. 6 of Public Law 94-564. Sec. 2 previously read as follows:
``Sec. 2. The Secretary of the Treasury is hereby authorized and
directed to take the steps necessary to establish a new par value of
the dollar of $1 equals 0.828948 Special Drawing Right or, the
equivalent in terms of gold, of forty-two and two-ninths dollars per
fine troy ounce of gold. When established such par value shall be the
legal standard for defining the relationship of the dollar to gold for
the purpose of issuing gold certificates pursuant to section 14(c) of
the Gold Reserve Act of 1934 (31 U.S.C. 405b).''.
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Sec. 3.\2\ The Secretary of the Treasury shall maintain the
value in terms of gold of the holdings of United States money
of the International Bank for Reconstruction and Development,
the Inter-American Development Bank, the International
Development Association, and the Asian Development Bank to the
extent provided in the articles of agreement of those
institutions. Amounts necessary to maintain the value may be
appropriated. Amounts appropriated under this section remain
available until expended.
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\2\ 31 U.S.C. 5152. Public Law 97-258 recodified title 31, United
States Code. Pursuant to that Act, sec. 3, which had originally been
codified as 31 U.S.C. 449a, was amended and restated, and recodified as
31 U.S.C. 5152.
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Sec. 4.\3\ * * * [Repealed--1982]
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\3\ Public Law 97-258 amended and recodified title 31, U.S.C. and
omitted sec. 4 as an obsolete provision from the revised text of title
31. Sec. 4, which had been codified as 31 U.S.C. 449b, previously read
as follows:
``Sec. 4. The increase in the value of the gold held by the United
States (including the gold held as security for gold certificates)
resulting from the change in the par value of the dollar authorized by
section 2 of this Act shall be covered into the Treasury as a
miscellaneous receipt.''.
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Sec. 5.\4\ * * * [Repealed--1982]
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\4\ Public Law 97-258 amended and recodified title 31, U.S.C., and
omitted sec. 5 as an executed provision from the revised text of title
31. Sec. 5, which had been added by sec. 2 of Public Law 93-110 (87
Stat. 352) and codified as 31 U.S.C. 449c, previously read as follows:
``Sec. 5. It is the sense of the Congress that the President shall
take all appropriate action to expedite realization of the
international monetary reform noted at the Smithsonian on December 18,
1971.''.
k. Special Drawing Rights Act, as amended
Public Law 90-349 [H.R. 16911], 82 Stat. 188, approved June 19, 1968;
as amended by Public Law 91-599 [H.R. 18306], 84 Stat, 1657, approved
December 30, 1970; Public Law 94-564 [H.R. 13955], 90 Stat. 2660,
approved October 18, 1976; and Public Law 98-181 [Supplemental
Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at 1270, approved
November 30, 1983
AN ACT To provide for United States participation in the facility based
on Special Drawing Rights in the International Monetary Fund, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Special Drawing Rights Act''.
Sec. 2.\1\ The President is hereby authorized (a) to accept
the amendment to the articles of agreement of the International
Monetary Fund (hereinafter referred to as the ``Fund''),
attached to the April 1968 report by the Executive Directors to
the Board of Governors of the Fund, for the purpose of (i)
establishing a facility based on Special Drawing Rights in the
Fund and (ii) giving effect to certain modifications in the
present rules and practices of the Fund, and (b) to participate
in the special drawing account established by the amendment.
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\1\ 22 U.S.C. 286n.
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Sec. 3.\2\ (a) Special Drawing Rights allocated to the
United States pursuant to article XVIII \3\ of the Articles of
Agreement of the Fund, and Special Drawing Rights otherwise
acquired by the United States, shall be credited to the account
of, and administered as part of, the Exchange Stabilization
Fund established by section 10 of the Gold Reserve Act of 1934,
as amended (31 U.S.C. 822a).
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\2\ 22 U.S.C. 286o.
\3\ Upon entry into force on April 1, 1978, of the amendments to
the Articles of Agreement of the IMF, certain technical changes
regarding references to articles in secs. 3, 6, and 7 became effective,
as provided for by sec. 5 of Public Law 94-564.
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(b) The proceeds resulting from the use of Special Drawing
Rights by the United States, and payments of interest to the
United States Articles of Agreement of the Fund, shall be
deposited in the Exchange Stabilization Fund. Currency payments
by the United States in return for Special Drawing Rights, and
payments of charges or assessments pursuant to article XX,
article XXIV, and article XXV \3\ of the Articles of Agreement
of the Fund, shall be made from the resources of the Exchange
Stabilization Fund.
Sec. 4.\4\ (a) The Secretary of the Treasury is authorized
to issue to the Federal Reserve banks, and such banks shall
purchase, Special Drawing Right certificates in such form and
in such denominations as he may determine, against any Special
Drawing Rights held to the credit of the Exchange Stabilization
Fund. Such certificates shall be issued and remain outstanding
only for the purpose of financing the acquisition of Special
Drawing Rights or for financing exchange stabilization
operations. The amount of special Drawing Right certificates
issued and outstanding shall at no time exceed the value of the
Special Drawing Rights held against the Special Drawing Right
certificates. The proceeds resulting from the issuance of
Special Drawing Right certificates shall be covered into the
Exchange Stabilization Fund.
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\4\ 22 U.S.C. 286p.
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(b) Special Drawing Right certificates owned by the Federal
Reserve banks shall be redeemed from the resources of the
Exchange Stabilization Fund at such times and in such amounts
as the Secretary of the Treasury may determine.
Sec. 5.\5\ * * *
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\5\ Sec. 5 made conforming amendments at 12 U.S.C. 412, 12 U.S.C.
415, 12 U.S.C. 417, and 12 U.S.C. 467.
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Sec. 6.\6\ (a) \7\ Unless Congress by law authorizes such
action, neither the President nor any person or agency shall on
behalf of the United States vote to allocate in each basic
period Special Drawing Rights under article XVIII,\3\ sections
2 and 3, of the Articles of Agreement of the Fund so that
allocations to the United States in that period exceed an
amount equal to the United States quota in the Fund as
authorized under the Bretton Woods Agreements Act.
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\6\ 22 U.S.C. 286q. Amended and restated by sec. 2 of Public Law
91-599 (84 Stat. 1657).
\7\ Sec. 803 of Public Law 98-181 (97 Stat. 1270) added the subsec.
designation ``(a)'' and a new subsec. (b).
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(b)(1) Neither the President nor any person or agency shall
on behalf of the United States vote to allocate Special Drawing
Rights under article XVIII, sections 2 and 3, of the Articles
of Agreement of the Fund without consultations by the Secretary
of the Treasury at least 90 days prior to any such vote, with
the Chairman and ranking minority members of the Committee on
Foreign Relations and the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Banking,
Finance and Urban Affairs \8\ of the House of Representatives,
and the appropriate subcommittees thereof.
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\8\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
---------------------------------------------------------------------------
(2) Such consultations shall include an explanation of the
consistency of such proposal to allocate with the requirements
of the Articles of Agreement of the Fund, in particular the
requirement that in all its decisions with respect to
allocation of Special Drawing Rights, the Fund shall ``seek to
meet the long-term global need, as and when it arises, to
supplement existing reserve assets in such manner as will
promote the attainment of its purposes and will avoid economic
stagnation and deflation as well as excess demand and inflation
in the world''.
Sec. 7.\9\ The provisions of article XXI(b) \3\ of the
Articles of Agreement of the Fund shall have full force and
effect in the United States and its territories and possessions
when the United States becomes a participant in the special
drawing account.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 286r.
l. Convention on the Settlement of Investment Disputes Act of 1966
Public Law 89-532 [S. 3498], 80 Stat. 344, approved August 11, 1966
AN ACT To facilitate the carrying out of the obligations of the United
States under the Convention of the Settlement of Investment Disputes
Between States and Nationals of Other States, signed on August 27,
1965, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Convention on the Settlement of
Investment Disputes Act of 1966''.
Sec. 2.\1\ The President may make such appointments of
representatives and panel members as may be provided for under
the convention.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 1650.
---------------------------------------------------------------------------
Sec. 3.\2\ (a) An award of an arbitral tribunal rendered
pursuant to chapter IV of the convention shall create a right
arising under a treaty of the United States. The pecuniary
obligations imposed by such an award shall be enforced and
shall be given the same full faith and credit as if the award
were a final judgment of a court of general jurisdiction of one
of the several States. The Federal Arbitration Act (9 U.S.C. 1
et seq.) shall not apply to enforcement of awards rendered
pursuant to the convention.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 1650a.
---------------------------------------------------------------------------
(b) The district courts of the United States (including the
courts enumerated in title 28, United States Code, section 460)
shall have exclusive jurisdiction over actions and proceedings
under paragraph (a) of this section, regardless of the amount
in controversy.
m. National Advisory Council on International Monetary and Financial
Policies
Executive Order 11269,\1\ February 14, 1966, 31 F.R. 2813, 3 CFR, 1966-
70 Comp., p. 534; as amended by Executive Order 11334, March 7, 1967,
32 F.R. 3933, 3 CFR, 1966-70 Comp., p. 627; Executive Order 11808,
September 30, 1974, 39 F.R. 35563; Executive Order 11977, March 14,
1977, 42 F.R. 14671; Executive Order 12164, September 29, 1979, 44 F.R.
56681; Executive Order 12188, January 2, 1980, 45 F.R. 989; Executive
Order 12403, February 8, 1983, 48 F.R. 6087; Executive Order 12567,
October 2, 1986, 51 F.R. 35495; Executive Order 12647, August 2, 1988,
53 F.R. 29323; Executive Order 12766, June 18, 1991, 56 F.R. 28463; and
Executive Order 13188, March 31, 1999, 64 F.R. 16595
By virtue of the authority vested in me by Reorganization
Plan No. 4 of 1965 (30 F.R. 9353), and as President of the
United States, it is ordered as follows:
---------------------------------------------------------------------------
\1\ 22 U.S.C. 286b note.
---------------------------------------------------------------------------
Section 1. Establishment of Council. (a) There is hereby
established the National Advisory Council on International
Monetary and Financial Policies, hereinafter referred to as the
council.
(b) The Council shall be composed of the following members:
the Secretary of the Treasury, who shall be the Chairman of the
Council, the Assistant to the President for Economic Affairs,
who shall be Deputy Chairman of the Council,\2\ the Secretary
of State, the United States Trade Representative,\3\ the
Secretary of Commerce, the Chairman of the Board of Governors
of the Federal Reserve System, the Administrator of the United
States Agency for International Development,\4\ and the
President of the Export-Import Bank of the United States.\5\
---------------------------------------------------------------------------
\2\ Sec. 6(c) of Executive Order 11808 (Sept. 30, 1974; 39 F.R.
35563) added the Assistant to the President for Economic Affairs.
\3\ Sec. 1-105(a) of Executive Order 12188 added The United States
Trade Representative.
\4\ Executive Order 13118 (Mar. 31, 1999; 64 F.R. 16595) struck out
``Director of the International Development Cooperation Agency''
(previously added by Executive Order 12164) and inserted
``Administrator of the United States Agency for International
Development''.
\5\ Public Law 90-276 (82 Stat. 47) renamed ``Export-Import Bank of
Washington'' to ``Export-Import Bank of the United States''.
---------------------------------------------------------------------------
(c) Whenever matters within the jurisdiction of the Council
may be of interest to Federal agencies not represented on the
Council under Section 1(b) of this order, the Chairman of the
Council may consult with such agencies and may invite them to
designate representatives to participate in meetings and
deliberations of the Council.
Sec. 2. Functions of the Council. (a) Exclusive of the
functions delegated by the provisions of Section 3, below, and
subject to the limitations contained in subsection (b) of this
Section, all of the functions which are now vested in the
President in consequence of their transfer to him effected by
the provisions of Section 1(b) of Reorganization Plan No. 4 of
1965 are hereby delegated to the Council.
(b) The functions under Sections 4(a) and 4(b)(3) of the
Bretton Woods Agreements Act, including those made applicable
to the International Finance Corporation, the Inter-American
Development Bank, and the International Development Association
(22 U.S.C. 286b (a) and (b)(3); 282b; 283b; 284b), to the
extent that such functions consist of coordination of policies,
are hereby delegated to the Council. The functions so delegated
shall be deemed to include the authority to review proposed
individual loan, financial, exchange, or monetary transactions
to the extent necessary or desirable to effectuate the
coordination of policies.
(c) \6\ The Council shall perform with respect to the Asian
Development Bank, African Development Fund, African Development
Bank, Inter-American Investment Corporation, Multilateral
Investment Guarantee Agency, and European Bank for
Reconstruction and Development \7\ the same functions as those
delegated to it by subsections (a) and (b) of this section with
respect to other international financial institutions.
---------------------------------------------------------------------------
\6\ Executive Order 11334 (March 7, 1967; 32 F.R. 3933) added secs.
2(c) and 3(d).
\7\ Executive Order 11977 (March 14, 1977; 42 F.R. 14671) added the
African Development Fund. Sec. 2 of Executive Order 12403 (February 8,
1983; 48 F.R. 6087) added the African Development Bank. Sec. 5 of
Executive Order 12567 (October 2, 1986; 51 F.R. 35495) added the Inter-
American Investment Corporation. Sec. 2 of Executive Order 12647
(August 2, 1988; 53 F.R. 29323) added the Multilateral Investment
Guarantee Agency. Sec. 2 of Executive Order 12766 (June 18, 1991; 56
F.R. 28463) added the European Bank for Reconstruction and Development.
---------------------------------------------------------------------------
Sec. 3. Functions of the Secretary of the Treasury. (a)
Functions which are now vested in the President in consequence
of their transfer to him effected by the provisions of Section
1(b) of Reorganization Plan No. 4 of 1965 are hereby delegated
to the Secretary of the Treasury to the extent of the
following:
(1) Authority, subject to the provisions of Section 7
of this Order,\8\ to instruct representatives of the
United States to international financial organizations.
---------------------------------------------------------------------------
\8\ Executive Order 12164 inserted the reference to sec. 7.
---------------------------------------------------------------------------
(2) Authority provided for in Section 4(b)(4) of the
Bretton Woods Agreements Act (22 U.S.C. 286b(b)(4)).
Such authority, insofar as it relates to the
development aspects of the policies, programs, or
projects of the International Bank for Reconstruction
and Development shall be exercised subject to the
provisions of Section 7 of this Order.\9\
---------------------------------------------------------------------------
\9\ Executive Order 12164 inserted this sentence.
---------------------------------------------------------------------------
(b) In carrying out the functions delegated to him by
subsection (a) of this Section the Secretary shall consult with
the Council.
(c) Nothing in this order shall be deemed to derogate from
the responsibilities of the Secretary of State with respect to
the foreign policy of the United States.
(d) \6\ The Secretary of the Treasury shall perform, with
respect to the Asian Development Bank, African Development
Fund, African Development Bank, Inter-American Investment
Corporation, Multilateral Investment Guarantee Agency, and
European Bank for Reconstruction and Development \7\ the same
functions as those delegated to him by subsections (a) and (b)
of this section with respect to other international financial
institutions.
(e) \10\ The Secretary of the Treasury is hereby delegated
the functions conferred upon the President by Section 203(b)
and Section 207 of the Act of May 31, 1976 (90 Stat. 593 and
594, 22 U.S.C. 290g-1 and 290g-5), subject to the provisions of
Section 7 of this Order.\8\
---------------------------------------------------------------------------
\10\ Sec. 4 of Executive Order 11977 (March 14, 1977; 42 F.R.
14671) added subsec. (e).
---------------------------------------------------------------------------
Sec. 4. Information. (a) All agencies and officers of the
Government, including representatives of the United States to
the international financial organizations, (1) shall keep the
Council or the Secretary of the Treasury, as the case may be,
fully informed concerning the foreign loan, financial,
exchange, and monetary transactions in which they engage or may
engage or with respect to which they have other responsibility,
and (2) shall provide the Council, the Secretary of State,\11\
and the Secretary with such further information or data in
their possession as the Council or the Secretary, as the case
may be, may deem necessary to the appropriate discharge of the
responsibilities of the Council, the Secretary of State,\11\
and Secretary under Sections 2 and 3 of this order,
respectively.
---------------------------------------------------------------------------
\11\ Executive Order 13118 (March 31, 1999; 64 F.R. 16595) struck
out ``Director of the International Development Cooperation Agency''
(added by Executive Order 12164) in both places it appeared in sec.
4(a), and inserted in lieu thereof ``Secretary of State''.
---------------------------------------------------------------------------
(b) The Council shall from time to time transmit to all
appropriate agencies and officers of the Government statements
of the policies of the Council under this order and such other
information relating to the above-mentioned transactions or to
the functions of the Council hereunder as the Council shall
deem desirable.
Sec. 5. Executive Order No. 10033. Section 2(a) of
Executive Order No. 10033 of February 8, 1949, is hereby
amended by substituting for the name ``National Advisory
Council on International Monetary and Financial Problems'' the
following: ``National Advisory Council on International
Monetary and Financial Policies.''
Sec. 6. Effective date. The provisions of this order shall
be effective as of January 1, 1966.
Sec. 7.\12\ Functions of the Secretary of State. The
Secretary of State \13\ shall advise both the Secretary of the
Treasury and the appropriate United States representatives to
the International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
Asian Development Bank, African Development Fund, the African
Development Bank, Inter-American Investment Corporation,
Multilateral Investment Guarantee Agency, and European Bank for
Reconstruction and Development \14\ on the development aspects
of matters relating to those institutions and their activities.
---------------------------------------------------------------------------
\12\ Executive Order 12164, (September 29, 1979; 44 F.R. 56681)
added sec. 7.
\13\ Executive Order 13118 (March 31, 1999; 64 F.R. 16595) struck
out ``Functions of the Director of the International Development
Cooperation Agency. As the principal international development advisor
to the President,The Director of the International Development
Cooperation Agency'' (previously added by Executive Order 12164) and
inserted in lieu thereof ``Functions of the Secretary of State. The
Secretary of State''.
\14\ Sec. 2 of Executive Order 12403 (February 8, 1983; 48 F.R.
6087), added the African Development Bank. Sec. 5 of Executive Order
12567 (October 2, 1986; 51 F.R. 35495) added the Inter-American
Investment Corporation. Sec. 2 of Executive Order 12647 (August 2,
1988; 53 F.R. 29323) added the Multilateral Investment Guarantee
Agency. Sec. 2 of Executive Order 12766 (June 18, 1991; 56 F.R. 28463)
added the European Bank for Reconstruction and Development.
---------------------------------------------------------------------------
=======================================================================
J. FOREIGN ECONOMIC POLICY: TARIFF AND TRADE LAWS
CONTENTS
Page
1. Trade Legislation and Related Documents...................... 256
a. General Trade Laws....................................... 256
(1) Trade Act of 1974, as amended (Public Law 93-618)
(partial text)....................................... 256
(2) Tariff Act of 1930, as amended (Public Law 71-361)
(partial text)....................................... 418
(3) Miscellaneous Trade and Technical Corrections Act of
2004 (Public Law 108-429) (partial text)............. 611
(4) Trade Act of 2002 (Public Law 107-210) (partial
text)................................................ 616
(5) Trade and Development Act of 2000 (Public Law 106-
200) (partial text).................................. 650
(6) Trade Deficit Review Commission Act (Public Law 105-
277) (partial text).................................. 659
(7) Steel Imports Into the United States (Public Law
105-277) (partial text).............................. 665
(8) Tariffs, Trade Barriers, and the Internet (Public
Law 105-277) (partial text).......................... 667
(9) Clarification of Normal Trade Relations (Public Law
105-206) (partial text).............................. 668
(10) World Trade Organization Transparency (Public Law
105-174) (partial text).............................. 670
(11) Uruguay Round Agreements Act (Public Law 103-465)
(partial text)....................................... 671
(12) Jobs Through Exports Act of 1992 (Public Law 102-
549) (partial text).................................. 677
(13) Omnibus Trade and Competitiveness Act of 1988
(Public Law 100-418) (partial text).................. 685
(14) Federal Triangle Development Act (Public Law 100-113
(partial text)....................................... 779
(15) Customs and Miscellaneous Amendments (Title II of
Public Law 98-573) (partial text).................... 786
(16) International Trade and Investment Act (Title III of
Public Law 98-573) (partial text).................... 791
(17) Trade Law Reform (Title VI of Public Law 98-573)
(partial text)....................................... 796
(18) Steel Import Stabilization Act (Title VIII of Public
Law 98-573).......................................... 798
(19) Wine Equity and Export Expansion Act of 1984 (Title
IX of Public Law 98-573)............................. 805
(20) Export Trading Company Act of 1982 (Public Law 97-
290)................................................. 809
(21) Trade Agreements Act of 1979 (Public Law 96-39)
(partial text)....................................... 820
(22) Trade Expansion Act of 1962, as amended (Public Law
87-794).............................................. 866
(23) Designated Beneficiary Developing Countries for
Purposes of the Generalized System of Preferences,
the Caribbean Basin Economic Recovery Act, and the
Andean Trade Preference Act (Harmonized Tariff
Schedule) (partial text)............................. 879
(24) International Trade Functions in Reorganization Plan
No. 3 of 1979........................................ 893
(25) Administration of the Trade Agreements Program
(Executive Order 11846).............................. 898
(26) International Trade Functions (Executive Order
12188)............................................... 903
(27) Implementing the Omnibus Trade and Competitiveness
Act of 1988 and Related International Trade Matters
(Executive Order 12661).............................. 908
(28) Identification of Trade Expansion Priorities
(Executive Order 12901).............................. 912
(29) Trade and Environment Policy Advisory Committee
(Executive Order 12905).............................. 914
(30) Identification of Trade Expansion Priorities and
Discriminatory Procurement Practices (Executive Order
13116)............................................... 916
(31) Prohibition of Acquisition of Products Produced by
Forced or Indentured Child Labor (Executive Order
13126)............................................... 920
(32) Environmental Review of Trade Agreements (Executive
Order 13141)......................................... 923
(33) Access to HIV/AIDS Pharmaceuticals and Medical
Technologies (Executive Order 13155)................. 925
(34) Federal Leadership on Global Tobacco Control and
Prvention (Executive Order 13193).................... 928
b. U.S. Trade With Canada, Latin America, and the Caribbean. 930
(1) Dominican Republic-Central America-United States
Free Trade Agreement Implementation Act (Public Law
109-53) (partial text)............................... 930
(2) United States-Chile Free Trade Agreement
Implementation Act (Public Law 108-77) (partial text) 937
(3) Andean Trade Promotion and Drug Eradication Act
(Public Law 107-210) (partial text).................. 941
(4) U.S.-Caribbean Basin Trade Partnership Act (Public
Law 106-200) (partial text).......................... 944
(5) North American Free Trade Agreement Implementation
Act (Public Law 103-182) (partial text).............. 947
(6) Andean Trade Preference Act (Title II of Public Law
102-182)............................................. 960
(7) Caribbean Basin Economic Recovery Expansion Act of
1990 (Title II of Public Law 101-382)................ 981
(8) United States-Canada Free Trade Agreement
Implementation Act of 1988 (Public Law 100-449)
(partial text)....................................... 987
(9) Caribbean Basin Economic Recovery Act (Public Law
98-67) (partial text)................................ 1023
(10) Tariff Treatment of Cuban Products (Public Law 87-
456) (partial text).................................. 1055
(11) Implementing the United States-Canada Free-Trade
Agreement Implementation Act (Executive Order 12662). 1056
(12) Implementation of the North American Free Trade
Agreement (Executive Order 12889).................... 1057
(13) Federal Implementation of the North American
Agreement on Environmental Cooperation (Executive
Order 12915)......................................... 1061
(14) Implementation of the Border Environment Cooperation
Commission and the North American Development Bank
(Executive Order 12916).............................. 1065
(15) Interagency Task Force on the Economic Development
of the Southwest Border (Executive Order 13122)...... 1068
(16) Implementation of Article VIII of the Agreement
Establishing the World Trade Organization (Executive
Order 13042)......................................... 1070
(17) Implementation of the African Growth and Opportunity
Act and the United States-Caribbean Basin Trade
Partnership Act (Executive Order 13191).............. 1072
c. Implementation of Agreement With the European Community
on Government Procurement (Executive Order 12849)........ 1075
d. U.S. Trade With Africa................................... 1078
(1) African Growth and Opportunity Act (Public Law 106-
200) (partial text).................................. 1078
(2) AGOA Acceleration Act of 2004 (Public Law 108-274)
(partial text)....................................... 1097
(3) Implementation of the African Growth and Opportunity
Act and the United States-Caribbean Basin Trade
Partnership Act (Executive Order 13191).............. 1105
e. U.S. Trade With the Middle East and North Africa......... 1107
(1) United States-Bahrain Free Trade Agreement
Implementation Act (Public Law 109-169 (partial text) 1107
(2) United States-Morocco Free Trade Agreement
Implementation Act (Public Law 108-302) (partial
text)................................................ 1111
(3) United States-Jordan Free Trade Area Implementation
Act (Public Law 107-43) (partial text)............... 1115
(4) United States-Israel Free Trade Area Implementation
Act of 1985 (Public Law 99-47) (partial text)........ 1121
(5) Report on Free Trade Agreement with Israel (Public
Law 107-210) (partial text).......................... 1127
(6) Trade with Israel (Public Law 98-573) (partial text) 1128
(7) Exemption of Israeli Products From Certain User Fees
(Public Law 101-382) (partial text).................. 1132
f. U.S. Trade With Asia and Pacific......................... 1133
(1) United States-Australia Free Trade Agreement
Implementation Act (Public Law 108-286) (partial
text)................................................ 1133
(2) United States-Singapore Free Trade Agreement
Implementation Act (Public Law 108-78) (partial text) 1137
(3) United States-China Relations Act of 2000 (Public
Law 106-286) (partial text).......................... 1142
(4) United States-Hong Kong Policy Act of 1992 (Public
Law 102-383)......................................... 1160
(5) Commission on United States-Pacific Trade and
Investment Policy (Executive Order 12964)............ 1169
g. Normal Trade Relations (Most-Favored-Nation) Extensions,
Suspensions, Terminations................................ 1170
(1) Armenia (Public Law 108-429) (partial text)......... 1170
(2) Laos (Public Law 108-429) (partial text)............ 1171
(3) Vietnam (Public Law 107-52)......................... 1173
(4) Georgia (Public Law 106-476) (partial text)......... 1174
(5) China (Public Law 106-286) (partial text)........... 1176
(6) Albania, Kyrgyzstan (Public Law 106-200) (partial
text)................................................ 1178
(7) Mongolia (Public Law 106-36) (partial text)......... 1181
(8) Cambodia (Public Law 104-203)....................... 1183
(9) Romania (Public Law 104-171)........................ 1185
(10) Bulgaria--Extension of MFN and Pending Termination
of Title IV Application (Public Law 104-162)......... 1187
(11) Conditions for Renewal of Most-Favored-Nation Status
for the People's Republic of China in 1994 (Executive
Order 12850)......................................... 1188
(12) Withdrawal of Most Favored Nation Status From Serbia
and Montenegro (Public Law 102-420).................. 1191
(13) Albania (Public Law 102-363)........................ 1192
(14) Union of Soviet Socialist Republics (Public Law 102-
197)................................................. 1193
(15) Czech and Slovakia, Hungary, Estonia, Latvia, and
Lithuania (Public Law 102-182) (partial text)........ 1194
(16) Mongolia (Public Law 102-157)....................... 1198
(17) East Germany (Public Law 101-382) (partial text).... 1199
h. Trade Act of 1974--Waivers............................... 1201
(1) Waiver Under the Trade Act of 1974 With Respect to
Belarus (Executive Order 13220)...................... 1201
(2) Waiver Under the Trade Act of 1974 With Respect to
Tajikistan and Turkmenistan (Executive Order 12811).. 1202
(3) Waiver Under the Trade Act of 1974 With Respect to
Albania, Azerbaijan, Georgia, Kazakhstan, Moldova,
Ukraine, and Uzbekistan (Executive Order 12809)...... 1203
(4) Waiver Under the Trade Act of 1974 With Respect to
the Republic of Byelarus, the Republic of Kyrgyzstan,
and the Russian Federation (Executive Order 12802)... 1204
(5) Waiver Under the Trade Act of 1974 With Respect to
Armenia (Executive Order 12798)...................... 1205
(6) Waiver Under the Trade Act of 1974 With Respect to
Romania (Executive Order 12772)...................... 1206
(7) Waiver Under the Trade Act of 1974 With Respect to
Mongolia (Executive Order 12746)..................... 1207
(8) Waiver Under the Trade Act of 1974 With Respect to
Bulgaria (Executive Order 12745)..................... 1208
(9) Waiver Under the Trade Act of 1974 With Respect to
the Soviet Union (Executive Order 12740)............. 1209
(10) Waiver Under the Trade Act of 1974 With Respect to
the German Democratic Republic (Executive Order
12726)............................................... 1210
(11) Waiver Under the Trade Act of 1974 With Respect to
Czechoslovakia (Executive Order 12702)............... 1211
(12) Waiver Under the Trade Act of 1974 With Respect to
the People's Republic of China (Executive Order
12167)............................................... 1212
(13) Waiver Under the Trade Act of 1974 With Respect to
the Hungarian People's Republic (Executive Order
12051)............................................... 1213
(14) Waiver Under the Trade Act of 1974 With Respect to
the Socialist Republic of Romania (Executive Order
11854)............................................... 1214
2. Export-Import Bank........................................... 1215
a. Export-Import Bank Act of 1945, as amended (Public Law
79-173).................................................. 1215
b. Export-Import Bank Reauthorization Act of 2002 (Public
Law 107-189) (partial text).............................. 1265
c. Export Expansion/Export Enhancement...................... 1269
(1) Export Enhancement Act of 1999 (Public Law 106-158)
(partial text)....................................... 1269
(2) Fair Trade in Automotive Parts Act of 1998 (Title
XXXVIII of Public Law 105-261)....................... 1271
(3) Export Enhancement Act of 1992 (Public Law 102-429)
(partial text)....................................... 1274
(4) Export Enhancement Act of 1988 (Title II of Public
Law 100-418)......................................... 1280
d. Expansion of Business Capital Assistance Programs (Public
Law 101-510) (partial text).............................. 1312
e. Export-Import Bank and Tied Aid Credit Amendments (Title
III of Public Law 100-418) (partial text)................ 1315
f. Export-Import Bank Act Amendments of 1986 (Public Law 99-
472) (partial text)...................................... 1317
g. Trade and Development Enhancement Act of 1983 (Title VI
of Public Law 98-181) (partial text)..................... 1319
h. Export-Import Bank Act Amendments of 1978 (Public Law 95-
630) (partial text)...................................... 1325
i. Export-Import Bank (Executive Order 12166)............... 1328
j. Trade Promotion Coordinating Committee (Executive Order
12870)................................................... 1329
3. Export Expansion............................................. 1332
a. Improving the U.S. Balance of Payments (Public Law 90-
390)..................................................... 1332
b. Establishing the Export Expansion Advisory Committee
(Executive Order 11420).................................. 1334
4. Export Administration........................................ 1336
a. Export Administration Act of 1979 (Public Law 96-72)..... 1336
b. China Satellite Provision (Public Law 109-108) (partial
text).................................................... 1425
c. Export Controls on High Performance Computers (Public Law
105-85) (partial text)................................... 1426
d. Export Administration Amendments Act of 1985 (Public Law
99-64) (partial text).................................... 1431
e. Offsets in Military-Related Exports: Annual Report (50
U.S.C. 2099)............................................. 1435
f. Declaration and Report on Offset Policy (Public Law 102-
558) (partial text)...................................... 1437
g. Export Administration Amendments Act of 1981 (Public Law
97-145) (partial text)................................... 1439
h. Continuation of Export Control Regulations (Executive
Order 13222)............................................. 1440
i. Administration of Export Controls on Encryption Products
(Executive Order 13026).................................. 1442
j. Administration of Export Controls (Executive Order 12981) 1444
k. Administration of the Export Administration Act of 1979
(Executive Order 12214).................................. 1451
l. The President's Export Council (Executive Order 12131)... 1452
m. Administration of the Export Administration Act of 1969,
as amended (Executive Order 12002)....................... 1455
5. International Economic Sanctions............................. 1458
a. Trading With the Enemy Act, as amended (Public Law 65-91)
(partial text)........................................... 1458
b. International Emergency Economic Powers Act, as amended
(Public Law 95-223) (partial text)....................... 1466
c. National Emergencies Act, as amended (Public Law 94-412). 1473
d. Denial of Foreign Tax Credit, etc., with Respect to
Certain Foreign Countries (Public Law 83-736) (partial
text).................................................... 1478
e. Trade Sanctions Reform and Export Enhancement Act of 2000
(Public Law 106-387) (partial text)...................... 1481
f. Prohibitions on Economic Relations with Narcotics
Traffickers.............................................. 1489
(1) Foreign Narcotics Kingpin Designation Act (Public
Law 106-120) (partial text).......................... 1489
(2) Blocking Assets and Prohibiting Transactions With
Significant Narcotics Traffickers (Executive Order
12978)............................................... 1500
g. Prohibitions on Economic Relations With Terrorists....... 1503
(1) Clarification of Certain Executive Orders Blocking
Property and Prohibiting Certain Transactions
(Executive Order 13372).............................. 1503
(2) Blocking Property and Prohibiting Transactions With
Persons Who Commit, Threaten To Commit, or Support
Terrorism (Executive Order 13224).................... 1504
(3) Prohibiting Transactions With Terrorists Who
Threaten To Disrupt the Middle East Peace Process
(Executive Order 12947).............................. 1509
h. Blocking Property of Weapons of Mass Destruction
Proliferators and Their Supports (Executive Order 13382). 1512
i. Economic Relations With Cuba............................. 1515
(1) Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (Public Law 104-114)..................... 1515
(2) Declaration of a National Emergency and Invocation
of Emergency Authority Relating to the Regulation of
the Anchorage and Movement of Vessels (Presidential
Proclamation 6867)................................... 1554
(3) Cuban Democracy Act of 1992 (Public Law 102-484)
(partial text)....................................... 1556
(4) Implementation of the Cuban Democracy Act (Executive
Order 12854)......................................... 1565
j. Economic Relations With Iraq............................. 1566
(1) Iraq Sanctions Act of 1990 (Public Law 101-513)
(partial text)....................................... 1566
(2) Prohibition on Supercomputer Licensing With End-User
Designated as Iraq (Public Law 101-515) (partial
text)................................................ 1576
(3) Economic Sanctions Against the Republic of Iraq
(Public Law 101-510) (partial text).................. 1577
(4) Confiscating and Vesting Certain Iraqi Property
(Executive Order 13290).............................. 1578
(5) Protecting the Development Fund for Iraq and Certain
Other Property in Which Iraq Has an Interest
(Executive Order 13303).............................. 1580
(6) Blocking Property of the Former Iraqi Regime, Its
Senior Officials and Their Family Members, and Taking
Certain Other Actions (Executive Order 13315)........ 1583
(7) Termination of Emergency Declared in Executive Order
12722 With Respect to Iraq and Modification of
Executive Order 13290, Executive Order 13303, and
Executive Order 13315 (Executive Order 13350)........ 1586
(8) Modifying the Protection Granted to the Development
Fund for Iraq and Certain Property in Which Iraq Has
an Interest and Protecting the Central Bank of Iraq
(Executive Order 13364).............................. 1589
k. Economic Relations With Iran............................. 1591
(1) Iran and Libya Sanctions Act of 1996 (Public Law
104-172)............................................. 1591
(2) Blocking Iranian Government Property (Executive
Order 12170)......................................... 1603
(3) Prohibiting Imports From Iran (Executive Order
12613)............................................... 1605
(4) Prohibiting Certain Transactions With Respect to the
Development of Iranian Petroleum Resources (Executive
Order 12957)......................................... 1606
(5) Prohibiting Certain Transactions With Respect to
Iran (Executive Order 12959)......................... 1608
(6) Prohibiting Certain Transactions With Respect to
Iran--Consolidation (Executive Order 13059).......... 1611
l. Economic Relations With Syria............................ 1615
(1) Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (Public Law 108-175)......... 1615
(2) Blocking Property of Certain Persons and Prohibiting
the Export of Certain Goods to Syria (Executive Order
13338)............................................... 1623
m. South African Democratic Transition Support Act of 1993
(Public Law 103-149)..................................... 1628
n. Prohibiting Trade and Certain Other Transactions
Involving Libya.......................................... 1635
o. Policy Toward United States Business Transactions in
Angola (Public Law 99-472) (partial text)................ 1636
p. Authority to Deny Most-Favored-Nation Treatment to the
Products of Afghanistan (Public Law 99-190) (partial
text).................................................... 1638
q. Prohibiting Certain Transactions With and Investment In
Burma.................................................... 1640
(1) Burmese Freedom and Democracy Act of 2003 (Public
Law 108-61).......................................... 1640
(2) Policy Toward Burma--Sanctions (Public Law 104-208)
(partial text)....................................... 1647
(3) Economic Sanctions Against Products of Burma (Public
Law 101-382) (partial text).......................... 1650
(4) Blocking Property of the Government of Burma and
Prohibiting Certain Transactions (Executive Order
13310)............................................... 1652
r. Prohibiting Certain Transactions With [Former] Yugoslavia 1656
(1) Compliance With United Nations Sanctions Against
Iraq, Serbia, and Montenegro (Public Law 104-208)
(partial text)....................................... 1656
(2) Sanctions Against Serbia (Public Law 106-113)
(partial text)....................................... 1657
(3) Blocking Property of Persons Who Threaten
International Stabilization Efforts in the Western
Balkans (Executive Order 13219)...................... 1660
s. Prohibiting Certain Transactions With Respect to Rwanda
and Delegating Authority With Respect to Other United
Nations Arms Embargoes (Executive Order 12918)........... 1664
t. Prohibiting Certain Transactions With Sudan.............. 1666
(1) Importation of Gum Arabic from Sudan (Public Law
106-476) (partial text).............................. 1666
(2) Blocking Sudanese Government Property and
Prohibiting Transactions with Sudan (Executive Order
13067)............................................... 1668
u. Blocking Property of the Government of the Russian
Federation Relating to the Disposition of Highly Enriched
Uranium Extracted from Nuclear Weapons (Executive Order
13159)................................................... 1671
v. Prohibiting the Importation of Rough Diamonds from Sierra
Leone (Executive Order 13194)............................ 1674
(1) Clean Diamond Trade Act (Public Law 108-19)......... 1674
(2) Implementing the Clean Diamond Trade Act (Executive
Order 13312)......................................... 1681
w. Blocking Property of Certain Persons and Prohibiting the
Importation of Certain Goods from Liberia (Executive
Order 13348)............................................. 1684
x. Blocking Property of Persons Undermining Democratic
Processes or Institutions in Zimbabwe (Executive Order
13288)................................................... 1687
6. Johnson Act--Financial Transactions With Foreign Governments
(Public Law 80-772) (partial text)........................... 1690
7. Foreign Investment in the United States...................... 1691
a. Foreign Investment Study Act of 1974 (Public Law 93-479). 1691
b. International Investment and Trade in Services Survey Act
(Public Law 94-472)...................................... 1696
c. Foreign Direct Investment and International Financial
Data Improvements Act of 1990 (Public Law 101-533)....... 1706
d. International Investment and Trade in Services (Executive
Order 11961)............................................. 1713
e. Committee on Foreign Investment in the United States
(Executive Order 11858).................................. 1714
8. Collection and Publication of Foreign Commerce and Trade
Statistics (Public Law 87-826) (partial text)................ 1717
9. Materials and Commodities.................................... 1724
a. Opposition of Use of Multilateral Assistance To Produce
or Extract Foreign Surplus Commodities and Minerals for
Export (Public Law 99-472) (partial text)................ 1724
b. National Critical Materials Act of 1984 (Title II of
Public Law 98-373)....................................... 1726
c. International Coffee Agreement Act of 1980 (Public Law
96-599).................................................. 1734
d. International Natural Rubber Agreement Appropriation
Authorization (Public Law 96-271)........................ 1737
e. International Sugar Agreement, 1977, Implementation
(Public Law 96-236)...................................... 1738
f. Strategic and Critical Materials Transaction
Authorization Act of 1979 (Public Law 96-175)............ 1740
10. Foreign Corrupt Practices.................................... 1741
a. Foreign Corrupt Practices Act of 1977 (Public Law 95-213)
(partial text)........................................... 1741
b. Foreign Corrupt Practices Act Amendments of 1988 (Title V
of Public Law 100-418) (partial text).................... 1752
c. International Anti-Bribery and Fair Competition Act of
1998 (Public Law 105-366) (partial text)................. 1754
=======================================================================
1. Trade Legislation and Related Documents
a. General Trade Laws
(1) Trade Act of 1974, as amended
Partial text of Public Law 93-618 [H.R. 10710], 88 Stat. 1978, approved
January 3, 1975; as amended by Public Law 94-455 [Tax Reform Act of
1976; H.R. 10612], 90 Stat. 1520 at 1763, approved October 4, 1976;
Public Law 96-39 [Trade Agreements Act of 1979; H.R. 4537], 93
Stat. 144, approved July 26, 1979; Public Law 96-417 [Customs
Courts Act of 1980; S. 1654], 94 Stat. 1727 at 1746, approved
October 10, 1980; Public Law 97-35 [Omnibus Budget Reconciliation
Act of 1981; H.R. 3982], 95 Stat. 357 at 881-893, approved August
13, 1981; Public Law 97-164 [Federal Courts Improvement Act of
1982; H.R. 4482], 96 Stat. 49, approved April 2, 1982; Public Law
97-456 [H.R. 6094], 96 Stat. 2503, approved January 12, 1983;
Public Law 98-120 [H.R. 3813], 97 Stat. 809, approved October 12,
1983; Public Law 98-369 [Deficit Reduction Act of 1984; H.R. 4170],
98 Stat. 494 at 1172, approved July 18, 1984; Public Law 98-573
[Trade and Tariff Act of 1984; H.R. 3398], 98 Stat. 2948, approved
October 30, 1984; Public Law 99-47 [United States-Israel Free Trade
Area Implementation Act of 1985; H.R. 2268], 99 Stat. 85, approved
June 11, 1985; Public Law 99-107 [Emergency Extension Act of 1985;
H.R. 3452], 99 Stat. 479, approved September 30, 1985; Public Law
99-155 [H.R. 3721], 99 Stat. 814, approved November 14, 1985;
Public Law 99-189 [H.R. 3981], 99 Stat. 1184, approved December 18,
1985; Public Law 99-272 [Comprehensive Omnibus Budget
Reconciliation Act of 1986; H.R. 3128], 100 Stat. 82, approved
April 7, 1986; Public Law 99-514 [Tax Reform Act of 1986; H.R.
3838], 100 Stat. 2085 at 2923, approved October 26, 1986; Public
Law 99-570 [Anti-Drug Abuse Act of 1986; H.R. 5484], 100 Stat.
3207, approved October 27, 1986; Public Law 100-203 [Omnibus Budget
Reconciliation Act of 1987; H.R. 3545], 101 Stat. 1330-382,
approved December 22, 1987; Public Law 100-204 [Foreign Relations
Authorization Act, Fiscal Year 1988 and 1989; H.R. 1777], 101 Stat.
1331, approved December 22, 1987; Public Law 100-418 [Omnibus Trade
and Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107,
approved August 23, 1988; Public Law 100-647 [Technical and
Miscellaneous Revenue Act of 1988; H.R. 4333], 102 Stat. 3342,
approved November 10, 1988; Public Law 100-690 [Anti-Drug Abuse Act
of 1988; H.R. 5210], 102 Stat. 4181, approved November 18, 1988;
Public Law 101-179 [Support for East European Democracy (SEED) Act
of 1989; H.R. 3402], 103 Stat. 1298, approved November 28, 1989;
Public Law 101-207 [S. 1164], 103 Stat. 1833, approved December 7,
1989; Public Law 101-231 [International Narcotics Control Act of
1989; H.R. 3611], 103 Stat. 1954, approved December 13, 1989;
Public Law 101-382 [Customs and Trade Act of 1990; H.R. 1594], 104
Stat. 629, approved August 20, 1990; Public Law 102-145 [Further
Continuing Appropriations, Fiscal Year 1992; H.J.Res. 360, as
amended by Public Law 102-266], 105 Stat. 968 at 106 Stat. 95,
approved October 28, 1991; Public Law 102-583 [International
Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved
November 2, 1992; Public Law 103-66 [Omnibus Budget Reconciliation
Act of 1993; H.R. 2264], 107 Stat. 312, approved August 10, 1993;
Public Law 103-149 [South African Democratic Transition Support Act
of 1993; H.R. 3225], 107 Stat. 1503, approved November 23, 1993;
Public Law 103-182 [North American Free Trade Agreement
Implementation Act; H.R. 3450], 107 Stat. 2057, approved December
8, 1993; Public Law 103-465 [Uruguay Round Agreements Act; H.R.
5110], 108 Stat. 4809, approved December 8, 1994; Public Law 104-65
[Lobbying Disclosure Act of 1995; S. 1060], 109 Stat. 691, approved
December 19, 1995; Public Law 104-188 [Small Business Job
Protection Act of 1996; H.R. 3448], 110 Stat. 1755, approved August
20, 1996; by Public Law 104-295 [Miscellaneous Trade and Technical
Corrections Act of 1996; H.R. 3815], 110 Stat. 3514, approved
October 11, 1996; Public Law 105-206 [Internal Revenue Service
Restructuring and Reform Act of 1998; H.R. 2676] 112 Stat. 685,
approved July 22, 1998; Public Law 105-220 [Workforce Investment
Act of 1998; H.R. 1385] 112 Stat. 936, approved August 7, 1998;
Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; H.R. 4328] 112 Stat. 2681, approved
October 21, 1998; Public Law 106-36 [Miscellaneous Trade and
Technical Corrections Act of 1999; H.R. 435] 113 Stat 127, approved
June 25, 1999; Public Law 106-113 [Consolidated Appropriations Act,
2000; H.R. 3194] 113 Stat. 1501, approved November 29, 1999; Public
Law 106-200 [Trade and Development Act of 2000; H.R. 434] 114 Stat.
251, approved May 18, 2000; Public Law 106-286 [H.R. 4444], 114
Stat. 880, approved October 10, 2000; Public Law 107-43 [United
States-Jordan Free Trade Area Implementation Act; H.R. 2603], 115
Stat. 243, approved September 28, 2001; Public Law 107-210 [Trade
Act of 2002; H.R. 3009], 116 Stat. 933, approved August 6, 2002;
Public Law 108-77 [United States-Chile Free Trade Agreement
Implementation Act; H.R. 2738], 117 Stat. 909, approved September
3, 2003; Public Law 108-78 [United States-Singapore Free Trade
Agreement Implementation Act; H.R. 2739], 117 Stat. 948, approved
September 3, 2003; Public Law 108-274 [AGOA Acceleration Act of
2004; H.R. 4103], 118 Stat. 820, approved July 13, 2004; Public Law
108-286 [United States-Australia Free Trade Agreement
Implementation Act; H.R. 4759], 118 Stat. 919, approved August 3,
2004; Public Law 108-302 [United States-Morocco Free Trade
Agreement Implementation Act; H.R. 4842], 118 Stat. 1103, approved
August 17, 2004; Public Law 108-429 [Miscellaneous Trade and
Technical Corrections Act of 2004; H.R. 1047], 118 Stat. 2434,
approved December 3, 2004; Public Law 109-53 [Dominican Republic-
Central America-United States Free Trade Agreement Implementation
Act; H.R. 3045], 119 Stat. 462, approved August 2, 2005; and Public
Law 109-169 [United States-Bahrain Free Trade Agreement
Implementation Act; H.R. 4340], 119 Stat. 3581, approved January
11, 2006
AN ACT To promote the development of an open, nondiscriminatory, and
fair world economic system, to stimulate fair and free competition
between the United States and foreign nations, to foster the economic
growth of, and full employment in, the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act, with the following table of contents, may be cited as the
``Trade Act of 1974''.\1\
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\1\ 19 U.S.C. 2101.
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SEC. 2.\2\ STATEMENT OF PURPOSES.
The purposes of this Act are, through trade agreements
affording mutual benefits--
---------------------------------------------------------------------------
\2\ 19 U.S.C. 2102.
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(1) to foster the economic growth of and full
employment in the United States and to strengthen
economic relations between the United States and
foreign countries through open and nondiscriminatory
world trade;
(2) to harmonize, reduce, and eliminate barriers to
trade on a basis which assures substantially equivalent
competitive opportunities for the commerce of the
United States;
(3) to establish fairness and equity in international
trading relations, including reform of the General
Agreement on Tariffs and Trade;
(4) to provide adequate procedures to safeguard
American industry and labor against unfair or injurious
import competition, and to assist industries, firms,
workers, and communities to adjust to changes in
international trade flows;
(5) to open up market opportunities for United States
commerce in nonmarket economies; and
(6) to provide fair and reasonable access to products
of less developed countries in the United States
market.
TITLE I--NEGOTIATING AND OTHER AUTHORITY
Chapter 1--Rates of Duty and Other Trade Barriers
SEC. 101.\3\ BASIC AUTHORITY FOR TRADE AGREEMENTS.
(a) Whenever the President determines that any existing
duties or other import restrictions of any foreign country or
the United States are unduly burdening and restricting the
foreign trade of the United States and that the purposes of
this Act will be promoted thereby, the President--
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\3\ 19 U.S.C. 2111. Sec. 224 of the Trade Agreements Act of 1979
(Public Law 96-39; 93 Stat. 235) provided that for purposes of this
section, ``the rates of duty appearing in rate column numbered 1 of the
amendments, if any, made under this subtitle shall be considered to be
the rates of duty existing or in effect on January 1, 1975.''. Sec.
502(c) of the same Act (93 Stat. 251) further provided that for
purposes of this section, ``the rates of duty in the rate column
numbered 1 or 2 as the result of the amendments, if any, made under
sections 505, 506, 509, 510, 511, and 514 shall be considered to be the
rates of duty existing or in effect on January 1, 1975.''.
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(1) during the 5-year period beginning on the date of
the enactment of this Act, may enter into trade
agreements with foreign countries or instrumentalities
thereof; and
(2) may proclaim such modification or continuance of
any existing duty, such continuance of existing duty-
free or excise treatment, or such additional duties, as
he determines to be required or appropriate to carry
out any such trade agreement.
(b)(1) \4\ Except as provided in paragraph (2), no
proclamation pursuant to subsection (a)(2) shall be made
decreasing a rate of duty to a rate below 40 percent of the
rate existing on January 1, 1975.
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\4\ However, sec. 507 of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 258) stated that notwithstanding this provision,
the President may proclaim under sec. 101 ``a reduction to 5 cents per
bushel of 56 pounds in the rate of duty applicable to yellow dent corn
under the rate column numbered 1 of the Tariff Schedules of the United
States, currently classified under item 130.35.''.
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(2) Paragraph (1) shall not apply in the case of any
article for which the rate of duty existing on January 1, 1975,
is not more than 5 percent ad valorem.
(c) No proclamation shall be made pursuant to subsection
(a)(2) increasing any rate of duty to, or imposing a rate
above, the higher of the following:
(1) the rate which is 50 percent above the rate set
forth in rate column numbered 2 of the Tariff Schedules
of the United States as in effect on January 1, 1975,
or
(2) the rate which is 20 percent ad valorem above the
rate existing on January 1, 1975.
SEC. 102.\5\ BARRIERS TO AND OTHER DISTORTIONS OF TRADE.\6\
(a) The Congress finds that barriers to (and other
distortions of) international trade are reducing the growth of
foreign markets for the products of United States agriculture,
industry, mining, and commerce, diminishing the intended mutual
benefits of reciprocal trade concessions, adversely affecting
the United States economy, preventing fair and equitable access
to supplies, and preventing the development of open and
nondiscriminatory trade among nations. The President is urged
to take all appropriate and feasible steps within his power
(including the full exercise of the rights of the United States
under international agreements) to harmonize, reduce, or
eliminate such barriers to (and other distortions of)
international trade. The President is further urged to utilize
the authority granted by subsection (b) to negotiate trade
agreements with other countries and instrumentalities providing
on a basis of mutuality for the harmonization, reduction, or
elimination of such barriers to (and other distortions of)
international trade. Nothing in this subsection shall be
construed as prior approval of any legislation which may be
necessary to implement an agreement concerning barriers to (or
other distortions of) international trade.
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\5\ 19 U.S.C. 2112. Sec. 1105(a) of the Omnibus Trade and
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1132) stated
that any proclamation or Executive order issued pursuant to a trade
agreement entered into under sec. 1102 [of Public Law 100-418] shall be
treated as a proclamation or Executive order issued pursuant to a trade
agreement entered into under sec. 102 of this Act.
\6\ Sec. 401(c)(1) of Public Law 98-573 (98 Stat. 3015) struck out
``nontariff'' which had been the first word of the section title.
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(b)(1) \7\ Whenever the President determines that any
barriers to (or other distortions of) international trade of
any foreign country or the United States unduly burden and
restrict the foreign trade of the United States or adversely
affect the United States economy, or that the imposition of
such barriers is likely to result in such a burden,
restriction, or effect, and that the purposes of this Act will
be promoted thereby, the President, during the 13-year period
\8\ beginning on the date of the enactment of this Act, may
enter into trade agreements with foreign countries or
instrumentalities providing for the harmonization, reduction or
elimination of such barriers (or other distortions) or
providing for the prohibition of or limitations on the
imposition of such barriers (or other distortions).
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\7\ Sec. 401(a) of Public Law 98-573 (98 Stat. 3013) inserted the
para. designation ``(1)'' and added new paras. (2) through (4). See
also the freestanding sections of title IV of Public Law 98-573
regarding trade agreements entered into with Israel under para. (1).
\8\ This time period was extended from a duration of 5 years to 13
years by sec. 1101 of Trade Agreements Act of 1979 (Public Law 96-39;
93 Stat. 307), until January 3, 1988.
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(2) \7\ (A) Trade agreements that provide for the
elimination or reduction of any duty imposed by the United
States may be entered into under paragraph (1) only with
Israel.
(B) The negotiation of any trade agreement entered into
under paragraph (1) with Israel that provides for the
elimination or reduction of any duty imposed by the United
States shall take fully into account any product that benefits
from a discriminatory preferential tariff arrangement between
Israel and a third country if the tariff preference on such
product had been the subject of a challenge by the United
States Government under the authority of section 301 of the
Trade Act of 1974 and the General Agreement on Tariffs and
Trade.
(C) Notwithstanding any other provision of this section,
the requirements of subsections (c) and (e)(1) shall not apply
to any trade agreement entered into under paragraph (1) with
Israel that provides for the elimination or reduction of any
duty imposed by the United States.
(3) \7\ Notwithstanding any other provision of law, no
trade benefit shall be extended to any country by reason of the
extension of any trade benefit to another country under a trade
agreement entered into under paragraph (1) with such other
country \9\ that provides for the elimination or reduction of
any duty imposed by the United States.
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\9\ Sec. 8(b)(1) of the United States-Israel Free Trade Area
Implementation Act of 1985 (Public Law 99-47; 99 Stat. 85) added the
text beginning at this point to the end of the sentence.
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(4) \7\ (A) Notwithstanding paragraph (2), a trade
agreement that provides for the elimination or reduction of any
duty imposed by the United States may be entered into under
paragraph (1) with any country other than Israel if--
(i) such country requested the negotiation of such an
agreement, and
(ii) the President, at least 60 days prior to the
date notice is provided under subsection (e)(1)--
(I) provides written notice of such
negotiations to the Committee on Finance of the
Senate and the Committee on Ways and Means of
the House of Representatives, and
(II) consults with such committees regarding
the negotiation of such agreement.
(B) The provisions of section 151 shall not apply to an
implementing bill (within the meaning of section 151(b) if--
(i) such implementing bill contains a provision
approving of any trade agreement which--
(I) is entered into under this section with
any country other than Israel, and
(II) provides for the elimination of
reduction of any duty imposed by the United
States, and
(ii) either--
(I) the requirements of subparagraph (A) were
not met with respect to the negotiation of such
agreement, or
(II) the Committee on Finance of the Senate
or the Committee on Ways and Means of the House
of Representatives disapproved of the
negotiation of such agreement before the close
of the 60-day period which begins on the date
notice is provided under subparagraph \10\
(A)(ii)(I) with respect to the negotiation of
such agreement.
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\10\ Sec. 1887(a) of Public Law 99-514 (100 Stat. 2923) struck out
``subsection'' and inserted in lieu thereof ``subparagraph''.
---------------------------------------------------------------------------
(C) The 60-day period described in subparagraphs (A)(ii)
and (B)(ii)(II) shall be computed without regard to--
(i) the days on which either House of Congress is not
in session because of an adjournment of more than 3
days to a day certain or an adjournment of the Congress
sine die, and
(ii) any Saturday and Sunday, not excluded under
clause (i), which either House of Congress is not in
session.
(c) Before the President enters into any trade agreement
under this section providing for the harmonization, reduction,
or elimination of a barrier to (or other distortion of)
international trade, he shall consult with the Committee on
Ways and Means of the House of Representatives, the Committee
on Finance of the Senate, and with each committee of the House
and the Senate and each joint committee of the Congress which
has jurisdiction over legislation involving subject matters
which would be affected by such trade agreement. Such
consultation shall include all matters relating to the
implementation of such trade agreement as provided in
subsections (d) and (e). If it is proposed to implement such
trade agreement, together with one or more other trade
agreements entered into under this section, in a single
implementing bill, such consultation shall include the
desirability and feasibility of such proposed implementation.
(d) Whenever the President enters into a trade agreement
under this section providing for the harmonization, reduction,
or elimination of a barrier to (or other distortion of)
international trade, he shall submit such agreement, together
with a draft of an implementing bill (described in section
151(b)) and a statement of any administrative action proposed
to implement such agreement, to the Congress as provided in
subsection (e), and such agreement shall enter into force with
respect to the United States only if the provisions of
subsection (e) are complied with and the implementing bill
submitted by the President is enacted into law.
(e) Each trade agreement submitted to the Congress under
this subsection shall enter into force with respect to the
United States if (and only if)--
(1) The President, not less than 90 days before the
day on which he enters into such trade agreement,
notifies the House of Representatives and the Senate of
his intention to enter into such an agreement, and
promptly thereafter publishes notice of such intention
in the Federal Register:
(2) after entering into the agreement, the President
transmits a document to the House of Representatives
and to the Senate containing a copy of the final legal
text of such agreement \11\ together with--
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\11\ Sec. 1106(c)(1) of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 311) struck out ``copy of such agreement'' and
inserted in lieu thereof ``copy of the final legal text of such
agreement''.
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(A) a draft of an implementing bill and a
statement of any administrative action proposed
to implement such agreement, and an explanation
as to how the implementing bill and proposed
administrative action change or affect existing
law, and
(B) a statement of his reasons as to how the
agreement serves the interest of United States
commerce and as to why the implementing bill
and proposed administrative action is required
or appropriate to carry out the agreement; and
(3) the implementing bill is enacted into law.
(f) To insure that a foreign country or instrumentality
which receives benefits under a trade agreement entered into
under this section is subject to the obligations imposed by
such agreement, the President may recommend to Congress in the
implementing bill and statement of administrative action
submitted with respect to such agreement that the benefits and
obligations of such agreement apply solely to the parties to
such agreement, if such application is consistent with the
terms of such agreement. The President may also recommend with
respect to any such agreement that the benefits and obligations
of such agreement not apply uniformly to all parties to such
agreement, if such application is consistent with the terms of
such agreement.
(g) For purposes of this section--
(1) \12\ the term ``barrier'' includes--
---------------------------------------------------------------------------
\12\ Sec. 401(b) of Public Law 98-573 (98 Stat. 3015) amended and
restated para. (1). Previously, the definition of barrier included only
the text found in subpara. (A).
---------------------------------------------------------------------------
(A) the American selling price basis of
customs evaluation as defined in section 402 or
402a of the Tariff Act of 1930, as appropriate,
and
(B) any duty or other import restriction;
(2) the term ``distortion'' includes a subsidy; and
(3) \13\ the term ``international trade'' includes--
---------------------------------------------------------------------------
\13\ Sec. 307(a) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3012) amended and restated
para. (3). Previously, the term ``international trade'' had been
defined as including only goods and services.
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(A) trade in both goods and services, and
(B) foreign direct investment by United
States persons, especially if such investment
has implications for trade in goods and
services.
SEC. 103.\14\ OVERALL NEGOTIATING OBJECTIVE.
The overall United States negotiating objective under
sections 101 and 102 shall be to obtain more open and equitable
market access and the harmonization, reduction, or elimination
of devices which distort trade or commerce. To the maximum
extent feasible, the harmonization, reduction, or elimination
of agricultural trade barriers and distortions shall be
undertaken in conjunction with the harmonization, reduction, or
elimination of industrial trade barriers and distortions.
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\14\ 19 U.S.C. 2113.
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SEC. 104.\15\ SECTOR NEGOTIATING OBJECTIVE.
(a) A principal United States negotiating objective under
sections 101 and 102 shall be to obtain, to the maximum extent
feasible, with respect to appropriate product sectors of
manufacturing, and with respect to the agricultural sector,
competitive opportunities for United States exports to the
developed countries of the world equivalent to the competitive
opportunities afforded in United States markets to the
importation of like or similar products, taking into account
all barriers (including tariffs) to and other distortions of
international trade affecting that sector.
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\15\ 19 U.S.C. 2114.
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(b) As a means of achieving the negotiating objective set
forth in subsection (a), to the extent consistent with the
objective of maximizing overall economic benefit to the United
States (through maintaining and enlarging foreign markets for
products of United States agriculture, industry, mining, and
commerce, through the development of fair and equitable market
opportunities, and through open and discriminatory world
trade), negotiations shall, to the extent feasible, be
conducted on the basis of appropriate product sectors of
manufacturing.
(c) For the purposes of this section and section 135, the
United States Trade Representative \16\ together with the
Secretary of Commerce, Agriculture, or Labor, as appropriate,
shall, after consultation with the Advisory Committee for Trade
Negotiations established under section 135 and after
consultation with interested private or non-Federal
governmental \17\ organizations, identify appropriate product
sectors of manufacturing.
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\16\ Sec. 1(b)(1) of Reorganization Plan No. 3 of 1979 redesignated
this position, formerly entitled the Special Representative for Trade
Negotiations, as the United States Trade Representative.
\17\ Sec. 306(c)(2)(C)(i) of the International Trade and Investment
Act (title III of Public Law 98-573; 98 Stat. 3012) added the words
``or non-Federal governmental''.
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(d) If the President determines that competitive
opportunities in one or more product sectors will be
significantly affected by a trade agreement concluded under
sections 101 or 102, he shall submit to the Congress with each
such agreement an analysis of the extent to which the
negotiating objective set forth in subsection (a) is achieved
by such agreement in each product sector or product sectors.
SEC. 104A.\18\ NEGOTIATING OBJECTIVES WITH RESPECT TO TRADE IN
SERVICES, FOREIGN DIRECT INVESTMENT, AND HIGH
TECHNOLOGY PRODUCTS.
(a) Trade in Services.--
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\18\ 19 U.S.C. 2114a. Sec. 305(a) of the International Trade and
Investment Act (title III of Public Law 98-573; 98 Stat. 3006) added
sec. 104A. Sec. 308(a) of such Act further states that the President
may enter into bilateral or multilateral agreements as may be necessary
to achieve the objectives of sec. 104A(c).
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(1) In general--Principal United States negotiating
objectives under section 102 shall be--
(A) to reduce or to eliminate barriers to, or
other distortions of, international trade in
services (particularly United States service
sector trade in foreign markets), including
barriers that deny national treatment and
restrictions on the establishment and operation
in such markets; and
(B) to develop internationally agreed rules,
including dispute settlement procedures,
which--
(i) are consistent with the
commercial policies of the United
States, and
(ii) will reduce or eliminate such
barriers or distortions and help ensure
open international trade in services.
(2) Domestic objectives.--In pursuing the objectives
described in paragraph (1), United States negotiations
shall take into account legitimate United States
domestic objectives including, but not limited to, the
protection of legitimate health or safety, essential
security, environmental, consumer or employment
opportunity interests and the laws and regulations
related thereto.
(b) Foreign Direct Investment.--
(1) In general--Principal United States negotiating
objectives under section 102 shall be--
(A) to reduce or to eliminate artificial or
trade-distorting barriers to foreign direct
investment, to expand the principle of national
treatment, and to reduce unreasonable barriers
to establishment; and
(B) to develop internationally agreed rules,
including dispute settlement procedures,
which--
(i) will help ensure a free flow of
foreign direct investment, and
(ii) will reduce or eliminate the
trade distortive effects of certain
investment related measures.
(2) Domestic objectives.--In pursuing the objectives
described in paragraph (1), United States negotiators
shall take into account legitimate United States
domestic objectives including, but not limited to, the
protection of legitimate health or safety, essential
security, environmental, consumer or employment
opportunity interests and the laws and regulations
related thereto.
(c) High Technology Products.--Principal United States
negotiating objectives shall be--
(1) to obtain and preserve the maximum openness with
respect to international trade and investment in high
technology products and related services;
(2) to obtain the elimination or reduction of, or
compensation for, the significantly distorting effects
of foreign government acts, policies, or practices
identified in section 181, with particular
consideration given to the nature and extent of foreign
government intervention affecting United States exports
of high technology products or investments in high
technology industries, including--
(A) foreign industrial policies which distort
international trade or investment;
(B) measures which deny national treatment or
otherwise discriminate in favor of domestic
high technology industries;
(C) measures which fail to provide adequate
and effective means for foreign nationals to
secure, exercise, and enforce exclusive rights
in intellectual property (including trademarks,
patents, and copyrights);
(D) measures which impair access to domestic
markets for key commodity products; and
(E) measures which facilitate or encourage
anticompetitive market practices or structures;
(3) to obtain commitments that official policy of
foreign countries or instrumentalities will not
discourage government or private procurement of foreign
high technology products and related services;
(4) to obtain the reduction or elimination of all
tariffs on, and other barriers to, United States
exports of high technology products and related
services;
(5) to obtain commitments to foster national
treatment;
(6) to obtain commitments to--
(A) foster the pursuit of joint scientific
cooperation between companies, institutions or
governmental entities of the United States and
those of the trading partners of the United
States in areas of mutual interest through such
measures as financial participation and
technical and personnel exchanges, and
(B) ensure that access by all participants to
the results of any such cooperative efforts
should not be impaired; and
(7) to provide effective minimum safeguards for the
acquisition and enforcement of intellectual property
rights and the property value of proprietary data.
(d) Definition of Barriers and Other Distortions.--For
purposes of subsection (a), the term barriers to, or other
distortions of, international trade in services' includes, but
is not limited to--
(1) barriers to establishment in foreign markets, and
(2) restrictions on the operation of enterprises in
foreign markets, including--
(A) direct or indirect restrictions on the
transfer of information into, or out of, the
country or instrumentality concerned, and
(B) restrictions on the use of data
processing facilities within or outside of such
country or instrumentality.
SEC. 105.\19\ BILATERAL TRADE AGREEMENTS.
If the President determines that bilateral trade agreements
will more effectively promote the economic growth of, and full
employment in, the United States, then, in such cases, a
negotiating objective under sections 101 and 102 shall be to
enter into bilateral trade agreements. Each such trade
agreement shall provide for mutually advantageous economic
benefits.
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\19\ 19 U.S.C. 2115.
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SEC. 106.\20\ AGREEMENTS WITH DEVELOPING COUNTRIES.
A United States negotiating objective under sections 101
and 102 shall be to enter into trade agreements which promote
the economic growth of both developing countries and the United
States and the mutual expansion of market opportunities.
---------------------------------------------------------------------------
\20\ 19 U.S.C. 2116.
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SEC. 107.\21\ INTERNATIONAL SAFEGUARD PROCEDURES.
(a) A principal United States negotiating objective under
section 102 shall be to obtain internationally agreed upon
rules and procedures, in the context of the harmonization,
reduction, or elimination of barriers to, and other distortions
of, international trade, which permit the use of temporary
measures to ease adjustment to changes occurring in competitive
conditions in the domestic markets of the parties to an
agreement resulting from such negotiations due to the expansion
of international trade.
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\21\ 19 U.S.C. 2117.
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(b) Any agreement entered into under section 102 may
include provisions establishing procedures for--
(1) notification of affected exporting countries,
(2) international consultations,
(3) international review of changes in trade flows,
(4) making adjustments in trade flows as the result
of such changes, and
(5) international mediation.
Such agreements may also include provisions which--
(A) exclude, under specified conditions, the
parties thereto from compensation obligations
and retaliation, and
(B) permit domestic public procedures through
which interested parties have the right to
participate.
SEC. 108.\22\ ACCESS SUPPLIES.
(a) A principal United States negotiating objective under
section 102 shall be to enter into trade agreements with
foreign countries and instrumentalities to assure the United
States of fair and equitable access at reasonable prices to
supplies of articles of commerce which are important to the
economic requirements of the United States and for which the
United States does not have, or cannot easily develop, the
necessary domestic productive capacity to supply its own
requirements.
---------------------------------------------------------------------------
\22\ 19 U.S.C. 2118.
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(b) Any agreement entered into under section 102 may
include provisions which--
(1) assure to the United States the continued
availability of important articles at reasonable
prices, and
(2) provide reciprocal concessions or comparable
trade obligations, or both, by the United States.
SEC. 109.\23\ STAGING REQUIREMENTS AND ROUNDING AUTHORITY.
(a) Except as otherwise provided in this section, the
aggregate reduction in the rate of duty on any article which is
in effect on any day pursuant to a trade agreement under
section 101 shall not exceed the aggregate reduction which
would have been in effect on such day if--
---------------------------------------------------------------------------
\23\ 19 U.S.C. 2119.
---------------------------------------------------------------------------
(1) A reduction of 3 percent ad valorem or a
reduction of one tenth of the total reduction,
whichever is greater, had taken effect on the effective
date of the first reduction proclaimed pursuant to
section 101(a)(2) to carry out such agreement with
respect to such article, and
(2) a reduction equal to the amount applicable under
paragraph (1) had taken effect at 1-year intervals
after the effective date of such first reduction.\24\
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\24\ Sec. 503 of the Trade Agreements Act of 1979 (Public Law 96-
39; 93 Stat. 251) listed items for which the aggregate reduction in the
rate of duty may exceed the limitation contained in sec. 109(a).
---------------------------------------------------------------------------
This subsection shall not apply in any case where the total
reduction in the rate of duty does not exceed 10 percent of the
rate before the reduction.
(b) If the President determines that such action will
simplify the computation of the amount of duty imposed with
respect to an article, he may exceed the limitation provided by
section 101(b) or subsection (a) of this section by not more
than whichever of the following is lesser:
(1) the difference between the limitation and the
next lower whole number, or
(2) one-half of 1 percent ad valorem.
(c)(1) No reduction in the rate of duty on any article
pursuant to a trade agreement under section 101 shall take
effect more than 10 years after the effective date of the first
reduction proclaimed to carry out such trade agreement with
respect to such article.
(2) If any part of a reduction takes effect, then any time
thereafter during which any \25\ part of the reduction is not
in effect by reason of legislation of the United States or
action thereunder, the effect of which is to maintain or
increase the rate of duty on an article, shall be excluded in
determining--
---------------------------------------------------------------------------
\25\ Sec. 1106(c)(3) of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 312) inserted ``any'' in lieu thereof ``such''.
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(A) the 1-year intervals referred to in subsection
(a)(2), and
(B) the expiration of the 10-year period referred to
in paragraph (1) of this subsection.
Chapter 2--Other Authority
SEC. 121.\26\ STEPS TO BE TAKEN TOWARD GATT REVISION; AUTHORIZATION OF
APPROPRIATIONS FOR GATT.
There are \27\ authorized to be appropriated annually such
sums as may be necessary for the payments by the United States
of its share of the expenses of the Contracting Parties to the
General Agreement on Tariffs and Trade. This authorization does
not imply approval or disapproval by the Congress of all
articles of the General Agreement on Tariffs and Trade.
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\26\ 19 U.S.C. 2131. Sec. 1107(b)(2) of the Omnibus Trade and
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1135) struck
out subsecs. (a), (b), and (c) of sec. 121 listing actions the
President shall take to bring trade agreements into conformity with
principles promoting the development of open, nondiscriminatory, and
fair world economic systems.
\27\ Sec. 9001(a) of the Technical and Miscellaneous Revenue Act of
1988 (Public Law 100-647; 102 Stat. 3342) struck out ``(d) There are''
and inserted in lieu thereof ``There are''.
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SEC. 122.\28\ BALANCE-OF-PAYMENTS AUTHORITY.
(a) Whenever fundamental international payments problems
require special import measures to restrict imports--
---------------------------------------------------------------------------
\28\ 19 U.S.C. 2132.
---------------------------------------------------------------------------
(1) to deal with large and serious United States
balance-of-payments deficits,
(2) to prevent an imminent and significant
depreciation of the dollar in foreign exchange markets,
or
(3) to cooperate with other countries in correcting
an international balance-of-payments disequilibrium,
the President shall proclaim, for a period not
exceeding 150 days (unless such period is extended by
Act of Congress)--
(A) a temporary import surcharge, not to
exceed 15 percent ad valorem, in the form of
duties (in addition to those already imposed,
if any) on articles imported into the United
States;
(B) temporary limitations through the use of
quotas on the importation of articles into the
United States; or
(C) both a temporary import surcharge
described in subparagraph (A) and temporary
limitations described in subparagraph (B).
The authority delegated under subparagraph (B) (and so much of
subparagraph (C) as relates to subparagraph (B)) may be
exercised (i) only if international trade or monetary
agreements to which the United States is a party permit the
imposition of quotas as a balance-of-payments measure, and (ii)
only to the extent that the fundamental imbalance cannot be
dealt with effectively by a surcharge proclaimed pursuant to
subparagraph (A) or (C). Any temporary import surcharge
proclaimed pursuant to subparagraph (A) or (C) shall be treated
as a regular customs duty.
(b) If the President determines that the imposition of
import restrictions under subsection (a) will be contrary to
the national interest of the United States, then he may refrain
from proclaiming such restrictions and he shall--
(1) immediately inform Congress of his determination,
and
(2) immediately convene the group of congressional
official advisers designated under section 161(a) and
consult with them as to the reasons for such
determination.
(c) Whenever the President determines that fundamental
international payments problems require special import measures
to increase imports--
(1) to deal with large and persistent United States
balance-of-trade surpluses, as determined on the basis
of the cost-insurance-freight value of imports as
reported by the Bureau of the Census, or
(2) to prevent significant appreciation of the dollar
in foreign exchange markets,
the President is authorized to proclaim, for a period of 150
days (unless such period is extended by Act of Congress)--
(A) a temporary reduction (of not more than 5
percent ad valorem) in the rate of duty on any
article; and
(B) a temporary increase in the value of
quantity of articles which may be imported
under any import restriction, or a temporary
suspension of any import restriction.
Import liberalizing actions proclaimed pursuant to this
subsection shall be of broad and uniform application with
respect to product coverage except that the President shall not
proclaim measures under this subsection with respect to those
articles where in his judgment such action will cause or
contribute to material injury to firms or workers in any
domestic industry, including agriculture, mining, fishing, or
commerce, or to impairment of the national security, or will
otherwise be contrary to the national interest.
(d)(1) Import restricting actions proclaimed pursuant to
subsection (a) shall be applied consistently with the principle
of nondiscriminatory treatment. In addition, any quota
proclaimed pursuant to subparagraph (B) of subsection (a) shall
be applied on a basis which aims at a distribution of trade
with the United States approaching as closely as possible that
which various foreign countries might have expected to obtain
in the absence of such restrictions.
(2) Notwithstanding paragraph (1), if the President
determines that the purposes of this section will best be
served by action against one or more countries having large or
persistent balance-of-payments surpluses, he may exempt all
other countries from such action.
(3) After such time when there enters into force for the
United States new rules regarding the application of surcharges
as part of a reform of internationally agreed balance-of-
payments adjustments procedures, the exemption authority
contained in paragraph (2) shall be applied consistently with
such new international rules.
(4) It is the sense of Congress that the President seek
modifications in international agreements aimed at allowing the
use of surcharges in place of quantitative restrictions (and
providing rules to govern the use of such surcharges) as a
balance-of-payments adjustment measure within the context of
arrangements for an equitable sharing of balance-of-payments
adjustment responsibility among deficit and surplus countries.
(e) Import restricting actions proclaimed pursuant to
subsection (a) shall be of broad and uniform application with
respect to product coverage except where the President
determines, consistently with the purposes of this section,
that certain articles should not be subject to import
restricting actions because of the needs of the United States
economy. Such exceptions shall be limited to the unavailability
of domestic supply at reasonable prices, the necessary
importation of raw materials, avoiding serious dislocations in
the supply of imported goods, and other similar factors. In
addition, uniform exceptions may be made where import
restricting actions will be unnecessary or ineffective in
carrying out the purposes of this action, such as with respect
to articles already subject to import restrictions, goods in
transit, or goods under binding contract. Neither the
authorization of import restricting actions nor the
determination of exceptions with respect to product coverage
shall be made for the purpose of protecting individual domestic
industries from import competition.
(f) Any quantitative limitation proclaimed pursuant to
subparagraph (B) or (C) of subsection (a) on the quantity or
value, or both, of an article--
(1) shall permit the importation of a quantity or
value which is not less than the quantity or value of
such article imported into the United States from the
foreign countries to which such limitation applies
during the most recent period which the President
determines is representative of imports of such
article, and
(2) shall take into account any increase since the
end of such representative period in domestic
consumption of such article and like or similar
articles of domestic manufacture or production.
(g) The President may at any time, consistent with the
provisions of this section, suspend, modify, or terminate, in
whole or in part, any proclamation under this section either
during the initial 150-day period of effectiveness or as
extended by subsequent Act of Congress.
(h) No provision of law authorizing the termination of
tariff concessions shall be used to impose a surcharge on
imports into the United States.
SEC. 123.\29\ COMPENSATION AUTHORITY.
(a) Whenever--
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\29\ 19 U.S.C. 2133.
---------------------------------------------------------------------------
(1) any action taken under chapter 1 of title II or
chapter 1 of title III, or under chapter 2 of title IV
of the Trade Act of 1974; \30\ or
---------------------------------------------------------------------------
\30\ Sec. 104 of Public Law 106-286 (114 Stat. 891) inserted ``, or
under chapter 2 of title IV of the Trade Act of 1974''.
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(2) any judicial or administrative tariff
reclassification that becomes final after the date of
the enactment of the Omnibus Trade and Competitiveness
Act of 1988;
increases or imposes any duty or other import restriction, the
President--
(A) may enter into trade agreements with
foreign countries or instrumentalities for the
purpose of granting new concessions as
compensation in order to maintain the general
level of reciprocal and mutually advantageous
concessions; and
(B) may proclaim such modification or
continuance of any existing duty, or such
continuance of existing duty-free or excise
treatment, as he determines to be required or
appropriate to carry out any such
agreement.\31\
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\31\ Sec. 1104 of Public Law 100-418 (102 Stat. 1132) amended and
restated subsec. (a), which previously read as follows:
``(a) Whenever any action has been taken under section 203 to
increase or impose any duty or other import restriction, the
President--
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``(1) may enter into trade agreements with foreign countries or
instrumentalities for the purpose of granting new concessions as
compensation in order to maintain the general level of reciprocal and
mutually advantageous concessions; and
``(2) may proclaim such modification or continuance of any existing duty,
or such continuance of existing duty-free or excise treatment, as he
determines to be required or appropriate to carry out any such
agreement.''.
(b)(1) No proclamation shall be made pursuant to subsection
(a) decreasing any rate of duty to a rate which is less than 70
percent of the existing rate of duty.
(2) Where the rate of duty in effect at any time is an
intermediate stage under section 1102(a) of the Omnibus Trade
and Competitiveness Act of 1988,\32\ the proclamation made
pursuant to subsection (a) may provide for the reduction of
each rate of duty at each such stage proclaimed under such
section 1102(a) \32\ by not more than 30 percent of such rate
of duty, and may provide for a final rate of duty which is not
less than 70 percent of the rate of duty proclaimed as the
final stage under such section 1102(a).\32\
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\32\ Sec. 1104(2) of Public Law 100-418 (102 Stat. 1132) struck out
``section 109'' and inserted in lieu thereof ``section 1102(a) of the
Omnibus Trade and Competitiveness Act of 1988'', and struck out
``section 101'' and inserted in lieu thereof ``such section 1102(a)''.
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(3) If the President determines that such action will
simplify the computation of the amount of duty imposed with
respect to an article he may exceed the limitations provided by
paragraphs (1) and (2) of this subsection by not more than the
lesser of--
(A) the difference between such limitation and the
next lower whole number, or
(B) one-half of 1 percent ad valorem.
(4) Any concessions granted under subsection (a)(1) shall
be reduced and terminated according to substantially the same
time schedule for reduction applicable to the relevant action
under sections 203(e) and 204.\33\
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\33\ Sec. 1401(b)(1)(A) of Public Law 100-418 (102 Stat. 1239),
inserted ``action under sections 203(e) and 204'' in lieu thereof
``import relief under section 203(h)''.
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(c) Before entering into any trade agreement under this
section with any foreign country or instrumentality, the
President shall consider whether such country or
instrumentality has violated trade concessions of benefit to
the United States and such violation has not been adequately
offset by the action of the United States or by such country or
instrumentality.
(d) Notwithstanding the provisions of subsection (a), the
authority delegated under section 1102(a) of the Omnibus Trade
and Competitiveness Act of 1988,\31\ shall be used for the
purpose of granting new concessions as compensation within the
meaning of this section until such authority terminates.
(e) \34\ The provisions of this section shall apply by
reason of action taken under chapter 1 of title III only if the
President determines that action authorized under this section
is necessary or appropriate to meet the international
obligations of the United States.
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\34\ Sec. 1104 of Public Law 100-418 (102 Stat. 1132) added subsec.
(e).
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SEC. 124.\35\ TWO-YEAR RESIDUAL AUTHORITY TO NEGOTIATE DUTIES.
(a) Whenever the President determines that any existing
duties or other import restrictions of any foreign country or
the United States are unduly burdening and restricting the
foreign trade of the United States and that the purposes of
this Act will be promoted thereby, the President--
---------------------------------------------------------------------------
\35\ 19 U.S.C. 2134.
---------------------------------------------------------------------------
(1) may enter into trade agreements with foreign
countries or instrumentalities thereof, and
(2) may proclaim such modification or continuance of
any existing duty, such continuance of existing duty-
free or excise treatment, or such additional duties, as
he determines to be required or appropriate to carry
out any such trade agreement.
(b) Agreements entered into under this section in any 1-
year period shall not provide for the reduction of duties, or
the continuance of duty-free or excise treatment, for articles
which account for more than 2 percent of the value of the
United States imports for the most recent 12-month period for
which import statistics are available.
(c)(1) No proclamation shall be made pursuant to subsection
(a) decreasing any rate of duty to a rate which is less than 80
percent of the existing rate of duty.
(2) No proclamation shall be made pursuant to subsection
(a) decreasing or increasing any rate of duty to a rate which
is lower or higher than the corresponding rate which would have
resulted if the maximum authority granted by section such
section 1102(a) with respect to such article had been
exercised.
(3) Where the rate of duty in effect at any time is an
intermediate stage under section 109, the proclamation made
pursuant to subsection (a) may provide for the reduction of
each rate of duty at each such stage proclaimed under section
such section 1102(a) by not more than 20 percent of such rate
of duty, and, subject to the limitation in paragraph (2), may
provide for a final rate of duty which is not less than 80
percent of the rate of duty proclaimed as the final stage under
section such section 1102(a).
(4) If the President determines that such action will
simplify the computation of the amount of duty imposed with
respect to an article, he may exceed the limitations provided
by paragraphs (1) and (2) of this subsection by not more than
the lesser of--
(A) the difference between such limitation and the
next lower whole number, or
(B) one-half of 1 percent ad valorem.
(d) Agreements may be entered into under this section only
during the 2-year period which immediately follows the close of
the period during which agreements may be entered into under
section such section 1102(a).
SEC. 125.\36\ TERMINATION AND WITHDRAWAL AUTHORITY.
(a) Every trade agreement entered into under this Act shall
be subject to termination in whole or in part, or withdrawal,
upon due notice, at the end of a period specified in the
agreement. Such period shall be not more than 3 years from the
date on which the agreement becomes effective. If the agreement
is not terminated or withdrawn from at the end of the period so
specified, it shall be subject to termination or withdrawal
thereafter upon not more than 6 months' notice.
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\36\ 19 U.S.C. 2135. Secs. 502(b), 601(b), and 855(b) of the Trade
Agreements Act of 1979 (Public Law 96-39) stated that for purposes of
sec. 125 of this Act, amendments made by specified sections of Public
Law 96-39 shall be considered to be trade agreement obligations entered
into under the Trade Act of 1974, of benefit to foreign countries or
instrumentalities. Sec. 1105(a) of the Omnibus Trade and
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1132) stated
that for purposes of applying secs. 125, 126(a), and 127 of this Act,
any trade agreement entered into under sec. 1102 (of Public Law 100-
418) shall be treated as an agreement entered into under secs. 101 or
102, as appropriate, of the Trade Act of 1974 (19 U.S.C. 2111 or 2112).
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(b) The President may at any time terminate in whole or in
part, any proclamation made under this Act.
(c) \37\ Whenever the United States, acting in pursuance of
any of its right or obligations under any trade agreement
entered into pursuant to this Act, section 201 of the Trade
Expansion Act of 1962 \38\ or section 350 of the Tariff Act of
1930,\39\ withdraws, suspends, or modifies any obligation with
respect to the trade of any foreign country or instrumentality
thereof, the President is authorized to proclaim increased
duties or other import restrictions, to the extent, at such
times, and for such periods as he deems necessary or
appropriate, in order to exercise the rights or fulfill the
obligations of the United States. No proclamation shall be made
under this subsection increasing any existing duty to a rate
more than 50 percent above the rate set forth in rate column
numbered 2 of the Tariff Schedules of the United States, as in
effect on January 1, 1975, or 20 percent ad valorem above the
rate existing on January 1, 1975, whichever is higher.
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\37\ Sec. 421 of Public Law 103-465 (109 Stat. 4964) provided the
following:
---------------------------------------------------------------------------
``sec. 421. authority for certain actions under article xxviii.
---------------------------------------------------------------------------
``(a) In General.--In the application of section 125(c) of the
Trade Act of 1974 (19 U.S.C. 2135) with respect to any item provided
for in subheadings 2401.10.60, 2401.20.30, 2401.20.80, 2401.30.30,
2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or 2403.99.00 of the
HTS, `350' shall be substituted for `20' where it appears in such
section.''.
\38\ 19 U.S.C. 1821.
\39\ 19 U.S.C. 1351.
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(d) Whenever any foreign country or instrumentality
withdraws, suspends, or modifies the application of trade
agreement obligations of benefit to the United States without
granting adequate compensation therefor, the President, in
pursuance of rights granted to the United States under any
trade agreement and to the extent necessary to protect United
States economic interests (including United States balance of
payments), may--
(1) withdraw, suspend, or modify the application of
substantially equivalent trade agreement obligations of
benefit to such foreign country or instrumentality, and
(2) proclaim under subsection (c) such increased
duties or other import restrictions as are appropriate
to effect adequate compensation from such foreign
country or instrumentality.
(e) Duties or other import restrictions required or
appropriate to carry out any trade agreement entered into
pursuant to this Act, section 201 of the Trade Expansion Act of
1962,\37\ or section 350 of the Tariff Act of 1930 \38\ shall
not be affected by any termination, in whole or in part, of
such agreement or by the withdrawal of the United States for
such agreement and shall remain in effect after the date of
such termination or withdrawal for 1 year, unless the President
by proclamation provides that such rates shall be restored to
the level at which they would be but for the agreement. Within
60 days after the date of any such termination or withdrawal,
the President shall transmit to the Congress his
recommendations as to the appropriate rates of duty for all
articles which were affected by the termination or withdrawal
or would have been so affected but for the preceding sentence.
(f) Before taking any action pursuant to subsection (b),
(c), or (d), the President shall provide for a public hearing
during the course of which interested persons shall be given a
reasonable opportunity to be present, to produce evidence, and
to be heard, unless he determines that such prior hearings will
be contrary to the national interest because of the need for
expeditious action, in which case he shall provide for a public
hearing promptly after such action.
SEC. 126.\40\ RECIPROCAL NONDISCRIMINATORY TREATMENT.
(a) Except as otherwise provided in this Act or in any
other provision of law, any duty or other import restriction or
duty-free treatment proclaimed in carrying out any trade
agreement under this title shall apply to products of all
foreign countries, whether imported directly or indirectly.
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\40\ 19 U.S.C. 2136.
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(b) The President shall determine, after the conclusion of
all negotiations entered into under this Act or at the end of
the 5-year period beginning on the date of enactment of this
Act, whichever is earlier, whether any major industrial country
has failed to make concessions under trade agreements entered
into under this Act which provide competitive opportunities for
the commerce of the United States in such country substantially
equivalent to the competitive opportunities, provided by
concessions made by the United States under trade agreements
entered into under this Act, for the commerce of such country
in the United States.
(c) \41\ For purposes of this section, ``major industrial
country'' means Canada, the European Economic Community, the
individual member countries of such Community, Japan, and any
other foreign country designated by the President for purposes
of this subsection.
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\41\ Public Law 105-362 (112 Stat. 3294) repealed subsec. (c) and
redesignated subsec. (d) as subsec. (c). Subsec. (c) previously read as
follows:
``(c) If the President determines under subsection (b) that a major
industrial country has not made concessions under trade agreements
entered into under this Act which provide substantially equivalent
competitive opportunities for the commerce of the United States, he
shall, either generally with respect to such country or by article
produced by such country, in order to restore equivalence of
competitive opportunities, recommend to the Congress--
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``(1) legislation providing for the termination or denial of the benefits
of concessions of trade agreements entered into under this Act made with
respect to rates of duty or other import restrictions by the United States;
and
``(2) that any legislation necessary to carry out any trade agreement
under section 102 shall not apply to such country.''.
SEC. 127.\42\ RESERVATION OF ARTICLES FOR NATIONAL SECURITY OR OTHER
REASONS.
(a) No proclamation shall be made pursuant to the
provisions of this Act reducing or eliminating the duty or
other import restriction on any article if the President
determines that such reduction or elimination would threaten or
impair the national security.
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\42\ 19 U.S.C. 2137.
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(b) While there is in effect with respect to any article
any action taken under section 203 of this Act, or section 232
or 351 of the Trade Expansion Act of 1962 (19 U.S.C. 1862 or
1981), the President shall reserve such article from
negotiations under this title (and from any action under
section 122(c)) contemplating reduction or elimination of--
(A) any duty on such article,
(B) any import restriction imposed under such
section, or
(C) any other import restriction, the removal of
which will be likely to undermine the effect of the
import restrictions referred to in subparagraph (B).
In addition, the President shall also so reserve any other
article which he determines to be appropriate, taking into
consideration information and advice available pursuant to and
with respect to the matters covered by sections 131, 132, and
133, where applicable.
(c) \43\ * * * [Repealed--1988]
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\43\ Sec. 1501(b)(2) of Public Law 100-418 (102 Stat. 1259)
repealed sec. 127(c), which had required the President to submit to
Congress ``an annual report on section 232 of the Trade Expansion Act
of 1962. Within 60 days after he takes any action under such section
232, the President shall report to the Congress the action taken and
the reasons therefor.''.
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(d) \44\ * * *
---------------------------------------------------------------------------
\44\ Subsec. (d) amended sec. 232 of the Trade Expansion Act of
1962 (19 U.S.C. 1863).
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SEC. 128.\45\ MODIFICATION AND CONTINUANCE OF TREATMENT WITH RESPECT TO
DUTIES ON HIGH TECHNOLOGY PRODUCTS.
(a) In order to carry out any agreement concluded as a
result of the negotiating objectives under section 104A(c), the
President may proclaim, subject to the provisions of chapter
3--
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\45\ 19 U.S.C. 2138. Sec. 308(b)(1) of the International Trade and
Investment Act (title III of Public Law 98-573; 98 Stat. 3013) added
sec. 128.
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(1) such modification, elimination, or continuance of
any existing duty, duty-free, or excise treatment, or
(2) such additional duties,
as he deems appropriate.
(b) \46\ The President shall exercise his authority under
subsection (a) of this section only with respect to the
following subheadings listed in the Harmonized Tariff Schedule
of the United States--
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\46\ Sec. 1214(j)(1) of the Omnibus Trade and Competitiveness Act
of 1988 (Public Law 100-418; 102 Stat. 1157) restated and amended
subsec. (b).
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(1) transistors (provided for in subheadings
8541.21.00, 8541.29.00, and 8541.40.70);
(2) diodes and rectifiers (provided for in
subheadings 8541.10.00, 8541.30.00, and 8541.40.60);
(3) monolithic integrated circuits (provided for in
subheadings 8542.11.00 and 8542.19.00);
(4) other integrated circuits (provided for in
subheading 8542.20.00);
(5) other components (provided for in subheading
8541.50.00);
(6) parts of semiconductors (provided for in
subheadings 8541.90.00 and 8542.90.00); \47\
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\47\ Sec. 128(b), as amended by sec. 1214(j)(1) of Public Law 100-
418 (102 Stat. 1158), was further amended by sec. 1215 of such Act,
which struck out ``and'' at the end of para. (6); struck out ``tube.''
and inserted in lieu thereof ``tube; and'' in para. (7); and added a
new para. (8).
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(7) units of automatic data processing machines
(provided for in subheadings 8471.92.20, 8471.92.30,
8471.92.70, 8471.92.80, 8471.93.10, 8471.93.15,
8471.93.30, 8471.93.50, 8471.99.15, and 8471.99.60) and
parts (provided for in subheading 8473.30.40), all the
foregoing not incorporating a cathode ray tube; and
\47\
(8) \47\ Digital processing units for automatic data
processing machines, unhoused, consisting of a printed
circuit (single or multiple) with one or more
electronic integrated circuits or other semiconductor
devices mounted directly thereon, certified as units
designed for use other than in an automatic data
processing machine of subheading 8471.20 (provided for
in subheading 8471.91).
(c) Termination.--The President may exercise his authority
under this section only during the 5-year period beginning on
the date of the enactment of the International Trade and
Investment Act.\48\
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\48\ This Act became effective on October 30, 1984.
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* * * * * * *
Chapter 3--Hearings and Advice Concerning Negotiations
SEC. 131.\49\ ADVICE FROM INTERNATIONAL TRADE COMMISSION.
(a) Lists of Articles Which May Be Considered for Action.--
---------------------------------------------------------------------------
\49\ 19 U.S.C. 2151. Sec. 1111 of Public Law 100-418 (102 Stat.
1135) amended and restated sec. 131.
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(1) In connection with any proposed trade agreement
under section 123 of this Act or section 2103(a) or (b)
of the Bipartisan Trade Promotion Authority Act of
2002,\50\ the President shall from time to time publish
and furnish the International Trade Commission
(hereafter in this section referred to as the
``Commission'') with lists of articles which may be
considered for modification or continuance of United
States duties, continuance of United States duty-free
or excise treatment, or additional duties. In the case
of any article with respect to which consideration may
be given to reducing or increasing the rate of duty,
the list shall specify the provision of this subchapter
under which such consideration may be given.
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\50\ Sec. 2110(a)(2) of the Bipartisan Trade Promotion Authority
Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1019) struck
out ``section 123 of this Act or section 1102(a) of the Omnibus Trade
and Competitiveness Act of 1988'' and inserted in lieu thereof
``section 123 of this Act or section 2103(a) or (b) of the Bipartisan
Trade Promotion Authority Act of 2002''.
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(2) In connection with any proposed trade agreement
under section 2103(b) of the Bipartisan Trade Promotion
Authority Act of 2002,\51\ the President may from time
to time publish and furnish the Commission with lists
of nontariff matters which may be considered for
modification.
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\51\ Sec. 2110(a)(2) of the Bipartisan Trade Promotion Authority
Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1019) struck
out ``section 1102 (b) or (c) of the Omnibus Trade and Competitiveness
Act of 1988'' and inserted in lieu therof ``section 2103(b) of the
Bipartisan Trade Promotion Authority Act of 2002''.
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(b) Advice to President by Commission.--Within 6 months after
receipt of a list under subsection (a) or, in the case of a
list submitted in connection with a trade agreement, within 90
days after receipt of such list, the Commission shall advise
the President, with respect to each article or nontariff
matter, of its judgment as to the probable economic effect of
modification of the tariff or nontariff measure on industries
producing like or directly competitive articles and on
consumers, so as to assist the President in making an informed
judgment as to the impact which might be caused by such
modifications on United States interests, such as sectors
involved in manufacturing, agriculture, mining, fishing,
services, intellectual property, investment, labor, and
consumers. Such advice may include in the case of any article
the advice of the Commission as to whether any reduction in the
rate of duty should take place over a longer period of time
than the minimum period provided for in section 2103(a)(3)(A)
of the Bipartisan Trade Promotion Authority Act of 2002.\52\
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\52\ Sec. 2110(a)(2) of the Bipartisan Trade Promotion Authority
Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
out ``section 1102(a)(3)(A)'' and inserted in lieu thereof ``section
2103(a)(3)(A) of the Bipartisan Trade Promotion Authority Act of
2002'',
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(c) Additional Investigations and Reports Requested by the
President or the Trade Representative.--In addition, in order
to assist the President in his determination whether to enter
into any agreement under section 123 of this Act or section
2103 of the Bipartisan Trade Promotion Authority Act of
2002,\53\ or how to develop trade policy, priorities or other
matters (such as priorities for actions to improve
opportunities in foreign markets), the Commission shall make
such investigations and reports as may be requested by the
President or the United States Trade Representative on matters
such as effects of modification of any barrier to (or other
distortion of) international trade on domestic workers,
industries or sectors, purchasers, prices and quantities of
articles in the United States.
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\53\ Sec. 2110(a)(2) of the Bipartisan Trade Promotion Authority
Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
out ``section 1102 of the Omnibus Trade and Competitiveness Act of
1988,'' and inserted in lieu thereof ``section 2103 of the Bipartisan
Trade Promotion Authority Act of 2002,''.
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(d) Commission Steps in Preparing Its Advice to the
President.--In preparing its advice to the President under this
section, the Commission shall to the extent practicable--
(1) investigate conditions, causes, and effects
relating to competition between the foreign industries
producing the articles or services in question and the
domestic industries producing the like or directly
competitive articles or services;
(2) analyze the production, trade, and consumption of
each like or directly competitive article or service,
taking into consideration employment, profit levels,
and use of productive facilities with respect to the
domestic industries concerned, and such other economic
factors in such industries as it considers relevant,
including prices, wages, sales, inventories, patterns
of demand, capital investment, obsolescence of
equipment, and diversification of production;
(3) describe the probable nature and extent of any
significant change in employment, profit levels, and
use of productive facilities; the overall impact of
such or other possible changes on the competitiveness
of relevant domestic industries or sectors; and such
other conditions as it deems relevant in the domestic
industries or sectors concerned which it believes such
modifications would cause; and
(4) make special studies (including studies of real
wages paid in foreign supplying countries), whenever
deemed to be warranted, of particular proposed
modifications affecting United States manufacturing,
agriculture, mining, fishing, labor, consumers,
services, intellectual property and investment, using
to the fullest extent practicable United States
Government facilities abroad and appropriate personnel
of the United States.
(e) Public Hearing.--In preparing its advice to the President
under this section, the Commission shall, after reasonable
notice, hold public hearings.
SEC. 132.\54\ ADVICE FROM EXECUTIVE DEPARTMENTS AND OTHER SOURCES.
Before any trade agreement is entered into under section 123
of this Act or section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002,\55\ the President shall seek information
and advice with respect to such agreement from the Departments
of Agriculture, Commerce, Defense, Interior, Labor, State and
the Treasury, from the United States Trade Representative, and
from such other sources as he may deem appropriate. Such advice
shall be prepared and presented consistent with the provisions
of Reorganization Plan Number 3 of 1979, Executive Order Number
12188 and section 141(c).
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\54\ 19 U.S.C. 2152. Sec. 1111 of Public Law 100-418 (102 Stat.
1135) amended and restated sec 132.
\55\ Sec. 2110(a)(3) of the Bipartisan Trade Promotion Authority
Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
out ``section 1102 of the Omnibus Trade and Competitiveness Act of
1988,'' and inserted in lieu thereof ``section 2103 of the Bipartisan
Trade Promotion Authority Act of 2002,''.
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SEC. 133.\56\ PUBLIC HEARINGS.
(a) Opportunity for Presentation of Views.--In connection
with any proposed trade agreement under section 123 of this Act
or section 2103 of the Bipartisan Trade Promotion Authority Act
of 2002, \55\ the President shall afford an opportunity for any
interested person to present his views concerning any article
on a list published under section 131, any matter or article
which should be so listed, any concession which should be
sought by the United States, or any other matter relevant to
such proposed trade agreement. For this purpose, the President
shall designate an agency or an interagency committee which
shall, after reasonable notice, hold public hearings and
prescribe regulations governing the conduct of such hearings.
When appropriate, such procedures shall apply to the
development of trade policy and priorities.
---------------------------------------------------------------------------
\56\ 19 U.S.C. 2153. Sec. 1111 of Public Law 100-418 (102 Stat.
1135) amended and restated sec. 133.
---------------------------------------------------------------------------
(b) Summary of Hearings.--The organization holding such
hearing shall furnish the President with a summary thereof.
SEC. 134.\57\ PREREQUISITES FOR OFFERS.
(a) In any negotiation seeking an agreement under section 123
of this Act or section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002,\55\ the President may make a formal
offer for the modification or continuance of any United States
duty, import restrictions, or barriers to (or other distortions
of) international trade, the continuance of United States duty-
free or excise treatment, or the imposition of additional
duties, import restrictions, or other barrier to (or other
distortion of) international trade including trade in services,
foreign direct investment and intellectual property as covered
by this title, with respect to any article or matter only after
he has received a summary of the hearings at which an
opportunity to be heard with respect to such article has been
afforded under section 133. In addition, the President may make
an offer for the modification or continuance of any United
States duty, the continuance of United States duty-free or
excise treatment, or the imposition of additional duties, with
respect to any article included in a list published and
furnished under section 131(a), only after he has received
advice concerning such article from the Commission under
section 131(b), or after the expiration of the 6-month or 90-
day period provided for in that section, as appropriate,
whichever first occurs.
---------------------------------------------------------------------------
\57\ 19 U.S.C. 2154. Sec. 1111 of Public Law 100-418 (102 Stat.
1135) amended and restated sec. 134.
---------------------------------------------------------------------------
(b) In determining whether to make offers described in
subsection (a) in the course of negotiating any trade agreement
under section 2103 of the Bipartisan Trade Promotion Authority
Act of 2002,\58\ and in determining the nature and scope of
such offers, the President shall take into account any advice
or information provided, or reports submitted, by--
---------------------------------------------------------------------------
\58\ Sec. 2110(a)(4) of the Bipartisan Trade Promotion Authority
Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
out ``section 1102 of the Omnibus Trade and Competitiveness Act of
1988,'' and inserted in lieu thereof ``section 2103 of the Bipartisan
Trade Promotion Authority Act of 2002,''.
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(1) the Commission;
(2) any advisory committee established under section
135; or
(3) any organization that holds public hearings under
section 133;
with respect to any article, or domestic industry, that is
sensitive, or potentially sensitive, to imports.
SEC. 135.\59\ INFORMATION AND ADVICE FROM PRIVATE AND PUBLIC SECTORS.
(a) In General.--
---------------------------------------------------------------------------
\59\ 19 U.S.C. 2155. Sec. 1631 of the Omnibus Trade and
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1264)
comprehensively amended and restated sec. 135.
---------------------------------------------------------------------------
(1) The President shall seek information and advice
from representative elements of the private sector and
the non-Federal governmental sector with respect to--
(A) negotiating objectives and bargaining
positions before entering into a trade
agreement under this title or section 2103 of
the Bipartisan Trade Promotion Authority Act of
2002; \60\
---------------------------------------------------------------------------
\60\ Sec. 2110(a)(5) of the Bipartisan Trade Promotion Authority
Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
out ``section 1102 of the Omnibus Trade and Competitiveness Act of
1988'' and inserted in lieu thereof ``section 2103 of the Bipartisan
Trade Promotion Authority Act of 2002''.
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(B) \61\ the operation of any trade agreement
once entered into, including preparation for
dispute settlement panel proceedings to which
the United States is a party; and
---------------------------------------------------------------------------
\61\ Sec. 127(f) of Public Law 103-465 (108 Stat. 4836) amended and
restated subpara. (B), which previously read as follows: ``(B) the
operation of any trade agreement once entered into; and''.
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(C) other matters arising in connection with
the development, implementation, and
administration of the trade policy of the
United States, including those matters referred
to in Reorganization Plan Number 3 of 1979 and
Executive Order Numbered 12188, and the
priorities for actions thereunder.
To the maximum extent feasible, such information and
advice on negotiating objectives shall be sought and
considered before the commencement of negotiations.
(2) The President shall consult with representative
elements of the private sector and the non-Federal
governmental sector on the overall current trade policy
of the United States. The consultations shall include,
but are not limited to, the following elements of such
policy:
(A) The principal multilateral and bilateral
trade negotiating objectives and the progress
being made toward their achievement.
(B) The implementation, operation, and
effectiveness of recently concluded
multilateral and bilateral trade agreements and
resolution of trade disputes.
(C) The actions taken under the trade laws of
the United States and the effectiveness of such
actions in achieving trade policy objectives.
(D) Important developments in other areas of
trade for which there must be developed a
proper policy response.
(3) The President shall take the advice received
through consultation under paragraph (2) into account
in determining the importance which should be placed on
each major objective and negotiating position that
should be adopted in order to achieve the overall trade
policy of the United States.
(b) Advisory Committee for Trade Policy and Negotiations.--
(1) The President shall establish an Advisory
Committee for Trade Policy and Negotiations to provide
overall policy advice on matters referred to in
subsection (a). The committee shall be composed of not
more than 45 individuals and shall include
representatives of non-Federal governments, labor,
industry, agriculture, small business, service
industries, retailers, nongovernmental environmental
and conservation organizations,\62\ and consumer
interests. The committee shall be broadly
representative of the key sectors and groups of the
economy, particularly with respect to those sectors and
groups which are affected by trade. Members of the
committee shall be recommended by the United States
Trade Representative and appointed by the President for
a term of 4 years or until the committee is scheduled
to expire.\63\ An individual may be reappointed to
committee for any number of terms. Appointments to the
Committee shall be made without regard to political
affiliation.
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\62\ Sec. 128 of Public Law 103-465 (108 Stat. 4836) inserted
``nongovernmental environmental and conservation organizations,'' after
``retailers,''.
\63\ Sec. 2004(i)1)(2) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2595) struck out
``2 years''and inserted in lieu thereof ``4 years or until the
committee is scheduled to expire''. Sec. 2204(i)(2) of that Act
provided that this amendment would take effect on February 1, 2004.
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(2) The committee shall meet as needed at the call of
the United States Trade Representative or at the call
of two-thirds of the members of the committee. The
chairman of the committee shall be elected by the
committee from among its members.
(3) The United States Trade Representative shall make
available to the committee such staff, information,
personnel, and administrative services and assistance
as it may reasonably require to carry out its
activities.
(c) General Policy, Sectoral, or Functional Advisory
Committees.--
(1) The President may establish individual general
policy advisory committees for industry, labor,
agriculture, services, investment, defense, and other
interests, as appropriate, to provide general policy
advice on matters referred to in subsection (a). Such
committees shall, insofar as is practicable, be
representative of all industry, labor, agricultural,
service, investment, defense, and other interests,
respectively, including small business interests, and
shall be organized by the United States Trade
Representative and the Secretaries of Commerce,
Defense, Labor, Agriculture, the Treasury, or other
executive departments, as appropriate. The members of
such committees shall be appointed by the United States
Trade Representative in consultation with such
Secretaries.
(2) The President shall establish such sectoral or
functional advisory committees as may be appropriate.
Such committees shall, insofar as is practicable, be
representative of all industry, labor, agricultural, or
service interests (including small business interests)
in the sector or functional areas concerned. In
organizing such committees, the United States Trade
Representative and the Secretaries of Commerce, Labor,
Agriculture, the Treasury, or other executive
departments, as appropriate, shall--
(A) consult with interested private
organizations; and
(B) take into account such factors as--
(i) patterns of actual and potential
competition between United States
industry and agriculture and foreign
enterprise in international trade,
(ii) the character of the nontariff
barriers and other distortions
affecting such competition,
(iii) the necessity for reasonable
limits on the number of such advisory
committees,
(iv) the necessity that each
committee be reasonably limited in
size, and
(v) in the case of each sectoral
committee, that the product lines
covered by each committee be reasonably
related.
(3) The President--
(A) may, if necessary, establish policy
advisory committees representing non-Federal
governmental interests to provide policy
advice--
(i) on matters referred to in
subsection (a), and
(ii) with respect to implementation
of trade agreements, and
(B) shall include as members of committees
established under subparagraph (A)
representatives of non-Federal governmental
interests if he finds such inclusion
appropriate after consultation by the United
States Trade Representative with such
representatives.
(4) Appointments to each committee established under
paragraph (1), (2), or (3) shall be made without regard
to political affiliation.
(d) Policy, Technical, and Other Advice and Information.--
Committees established under subsection (c) shall meet at the
call of the United States Trade Representative and the
Secretaries of Agriculture, Commerce, Labor, Defense, or other
executive departments, as appropriate, to provide policy
advice, technical advice and information, and advice on other
factors relevant to the matters referred to in subsection (a).
(e) Meeting of Advisory Committees at Conclusion of
Negotiations.--
(1) The Advisory Committee for Trade Policy and
Negotiations, each appropriate policy advisory
committee, and each sectoral or functional advisory
committee, if the sector or area which such committee
represents is affected, shall meet at the conclusion of
negotiations for each trade agreement entered into
under section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002,\58\ to provide to the President,
to Congress, and to the United States Trade
Representative a report on such agreement. Each report
that applies to a trade agreement entered into under
section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002 \58\ shall be provided under the
preceding sentence not later than the date on which the
President notifies the Congress under section
2105(a)(1)(A) of the Bipartisan Trade Promotion
Authority Act of 2002 \64\ of his intention to enter
into that agreement.
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\64\ Sec. 2110(a)(5)(B)(ii) of the Bipartisan Trade Promotion
Authority Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020)
struck out ``section 1103(a)(1)(A) of such Act of 1988'' and inserted
in lieu thereof ``section 2105(a)(1)A) of the Bipartisan Trade
Promotion Authority Act of 2002''.
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(2) The report of the Advisory Committee for Trade
Policy and Negotiations and each appropriate policy
advisory committee shall include an advisory opinion as
to whether and to what extent the agreement promotes
the economic interests of the United States and
achieves the applicable overall and principal
negotiating objectives set forth in section 2102 of the
Bipartisan Trade Promotion Authority Act of 2002,\65\
as appropriate.
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\65\ Sec. 2110(a)(5)(C) of the Bipartisan Trade Promotion Authority
Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
out ``section 1101 of the Omnibus Trade and Competitiveness Act of
1988'' and inserted in lieu thereof ``section 2102 of the Bipartisan
Trade Promotion Authority Act of 2002''.
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(3) The report of the appropriate sectoral or
functional committee under paragraph (1) shall include
an advisory opinion as to whether the agreement
provides for equity and reciprocity within the sector
or within the functional area.
(f) Application of Federal Advisory Committee Act.--The
provisions of the Federal Advisory Committee Act apply--
(1) to the Advisory Committee for Trade Policy and
Negotiations established under subsection (b); and
(2) \66\ to all other advisory committees which may
be established under subsection (c) of this section,
except that--
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\66\ Sec. 2204(i)(1) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2594) amended
and restated para. (2). Sec. 2204(i)(2) of that Act provided that this
amendment would take effect on February 1, 2004.
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(A) the meetings of advisory committees
established under subsections (b) and (c) of
this section shall be exempt from the
requirements of subsections (a) and (b) of
sections 10 and 11 of the Federal Advisory
Committee Act (relating to open meetings,
public notice, public participation, and public
availability of documents), whenever and to the
extent it is determined by the President or the
President's designee that such meetings will be
concerned with matters the disclosure of which
would seriously compromise the development by
the United States Government of trade policy,
priorities, negotiating objectives, or
bargaining positions with respect to matters
referred to in subsection (a) of this section,
and that meetings may be called of such special
task forces, plenary meetings of chairmen, or
other such groups made up of members of the
committees established under subsections (b)
and (c) of this section; and
(B) notwithstanding subsection (a)(2) of
section 14 of the Federal Advisory Committee
Act, any committee established under subsection
(b) or (c) may, in the discretion of the
President or the President's designee,
terminate not later than the expiration of the
4-year period beginning on the date of their
establishment.
(g) Trade Secrets and Confidential Information.--
(1) Trade secrets and commercial or financial
information which is privileged or confidential, and
which is submitted in confidence by the private sector
or non-Federal government to officers or employees of
the United States in connection with trade
negotiations, may be disclosed upon request to--
(A) officers and employees of the United
States designated by the United States Trade
Representative;
(B) members of the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate who are
designated as official advisers under section
161(a)(1) or are designated by the chairmen of
either such committee under section
161(b)(3)(A) and staff members of either such
committee designated by the chairmen under
section 161(b)(3)(A); and
(C) members of any committee of the House or
Senate or any joint committee of Congress who
are designated as advisers under section
161(a)(2) or designated by the chairman of such
committee under section 161(b)(3)(B) and staff
members of such committee designated under
section 161(b)(3)(B), but disclosure may be
made under this subparagraph only with respect
to trade secrets or commercial or financial
information that is relevant to trade policy
matters or negotiations that are within the
legislative jurisdiction of such committee;
for use in connection with matters referred to in
subsection (a).
(2) Information other than that described in
paragraph (1), and advice submitted in confidence by
the private sector or non-Federal government to
officers or employees of the United States, to the
Advisory Committee for Trade Policy and Negotiations,
or to any advisory committee established under
subsection (c), in connection with matters referred to
in subsection (a), may be disclosed upon request to--
(A) the individuals described in paragraph
(1); and
(B) the appropriate advisory committee
established under this section.
(3) Information submitted in confidence by officers
or employees of the United States to the Advisory
Committee for Trade Policy and Negotiations, or to any
advisory committee established under subsection (c),
may be disclosed in accordance with rules issued by the
United States Trade Representative and the Secretaries
of Commerce, Labor, Defense, Agriculture, or other
executive departments, as appropriate, after
consultation with the relevant advisory committees
established under subsection (c). Such rules shall
define the categories of information which require
restricted or confidential handling by such committee
considering the extent to which public disclosure of
such information can reasonably be expected to
prejudice the development of trade policy, priorities,
or United States negotiating objectives. Such rules
shall, to the maximum extent feasible, permit
meaningful consultations by advisory committee members
with persons affected by matters referred to in
subsection (a).
(h) Advisory Committee Support.--The United States Trade
Representative, and the Secretaries of Commerce, Labor,
Defense, Agriculture, the Treasury, or other executive
departments, as appropriate, shall provide such staff,
information, personnel, and administrative services and
assistance to advisory committees established under subsection
(c) as such committees may reasonably require to carry out
their activities.
(i) Consultation With Advisory Committees; Procedures;
Nonacceptance of Committee Advice or Recommendations.--It shall
be the responsibility of the United States Trade
Representative, in conjunction with the Secretaries of
Commerce, Labor, Agriculture, the Treasury, or other executive
departments, as appropriate, to adopt procedures for
consultation with and obtaining information and advice from the
advisory committees established under subsection (c) on a
continuing and timely basis. Such consultation shall include
the provision of information to each advisory committee as to--
(1) significant issues and developments; and
(2) overall negotiating objectives and positions of
the United States and other parties;
with respect to matters referred to in subsection (a). The
United States Trade Representative shall not be bound by the
advice or recommendations of such advisory committees, but
shall inform the advisory committees of significant departures
from such advice or recommendations made. In addition, in the
course of consultations with the Congress under this title,
information on the advice and information provided by advisory
committees shall be made available to congressional advisers.
(j) Private Organizations or Groups.--In addition to any
advisory committee established under this section, the
President shall provide adequate, timely and continuing
opportunity for the submission on an informal basis (and, if
such information is submitted under the provisions of
subsection (g), on a confidential basis) by private
organizations or groups, representing government, labor,
industry, agriculture, small business, service industries,
consumer interests, and others, of statistics, data and other
trade information, as well as policy recommendations, pertinent
to any matter referred to in subsection (a).
(k) Scope of Participation by Members of Advisory
Committees.--Nothing contained in this section shall be
construed to authorize or permit any individual to participate
directly in any negotiation of any matters referred to in
subsection (a). To the maximum extent practicable, the members
of the committees established under subsections (b) and (c),
and other appropriate parties, shall be informed and consulted
before and during any such negotiations. They may be designated
as advisors to a negotiating delegation, and may be permitted
to participate in international meetings to the extent the head
of the United States delegation deems appropriate. However,
they may not speak or negotiate for the United States.
(l) Advisory Committees Established by Department of
Agriculture.--The provisions of title XVIII of the Food and
Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply
to any advisory committee established under subsection (c).
(m) Non-Federal Government Defined.--As used in this section,
the term ``non-Federal government'' means--
(1) any State, territory, or possession of the United
States, or the District of Columbia, or any political
subdivision thereof; or
(2) any agency or instrumentality of any entity
described in paragraph (1).
Chapter 4--Office of the United States Trade Representative \67\
SEC. 141.\68\ OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.
(a) There is established within the Executive Office of the
President the Office of the United States Trade Representative
\67\ (hereinafter in this section referred to as the
``Office'').
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\67\ Sec. 3(d)(3) of Public Law 97-456 (96 Stat. 2503) inserted
this chapter designation in lieu thereof ``Office of the Special
Representative for Trade Negotiations''. In addition, sec. 3(d)(2)(D)
struck out ``Special Representative for Trade Negotiations'' and
inserted in lieu thereof ``United States Trade Representative''.
\68\ 19 U.S.C. 2171. The Department of Commerce Appropriations Act,
1993 (Title II of Public Law 102-395; 106 Stat. 1852), provided that:
``Notwithstanding any other provision of law, upon the request of the
Secretary of Commerce, the Secretary of State shall accord the
diplomatic title of Minister-Counselor to the senior Commercial Officer
assigned to any United States mission abroad: Provided further, That
the number of Commercial Service officers accorded such diplomatic
title at any time shall not exceed twelve''.
Sec. 2004(a)(15) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) made a
technical correction to sec. 141(b)(2).
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(b)(1) The Office shall be headed by the United States
Trade Representative \67\ who shall be appointed by the
President, by and with the advice and consent of the Senate. As
an exercise of the rulemaking power of the Senate, any
nomination of the United States Trade Representative \67\
submitted to the Senate for confirmation, and referred to a
committee, shall be referred to the Committee on Finance. The
United States Trade Representative \67\ shall hold office at
the pleasure of the President, shall be entitled to receive the
same allowances as a chief of mission, and shall have the rank
of Ambassador Extraordinary and Plenipotentiary.
(2) There shall be in the Office three Deputy United States
Trade Representatives \69\ and one Chief Agricultural
Negotiator \70\ who shall be appointed by the President, by and
with the advice and consent of the Senate. As an exercise of
the rulemaking power of the Senate, any nomination of a Deputy
United States Trade Representative or the Chief Agricultural
Negotiator \70\ submitted to the Senate for confirmation, and
referred to a committee, shall be referred to the Committee on
Finance. Each Deputy United States Trade Representative and the
Chief Agricultural Negotiator \70\ shall hold the office at the
pleasure of the President and shall have the rank of
Ambassador.
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\69\ Sec. 3 of Public Law 97-456 (96 Stat. 2503) inserted the
reference to the Deputy United States Trade Representative in lieu of a
reference to the Deputy Special Representatives for Trade Negotiations
and increased the number of deputies in the office of the United States
Trade Representative from two to three.
\70\ Sec. 406 of Public Law 106-200 (114 Stat. 293) added the
position of Chief Agricultural Negotiator and amended para. (2) by
inserting references to the position.
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(3) \71\,\72\ A person who has directly
represented, aided, or advised a foreign entity (as defined by
section 207(f)(3) of title 18, United States Code) in any trade
negotiation, or trade dispute, with the United States may not
be appointed as United States Trade Representative or as a
Deputy United States Trade Representative.
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\71\ Sec. 21(b) of Public Law 104-65 (109 Stat. 704) added para.
(3). Subsec. (c) of that section made the amendment effective for
appointments made on or after the date of enactment (December 19,
1995).
An earlier para. (3) was repealed by sec. 3(d)(1) of Public Law 97-
456 (96 Stat. 2503).
Para. (3) was waived with respect to the appointment of Charlene
Barshefsky as United States Trade Representative. Public Law 105-5 (111
Stat. 11, enacted March 17, 1997) stated as follows:
``Notwithstanding the provisions of paragraph (3) of section 141(b)
of the Trade Act of 1974 (19 U.S.C. 2171(b)(3)) or any other provision
of law, the President, acting by and with the advice and consent of the
Senate, is authorized to appoint Charlene Barshefsy as the United
States Trade Representative.''.
\72\ Sec. 1001(a)(2) of Public Law 106-36 (113 Stat. 130) struck
out ``Limitation on appointments.--'' and aligned the text of para. (3)
with the text of para. (2).
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(c) \73\ (1) The United States Trade Representative shall--
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\73\ Sec. 1601(a) of Public Law 100-418 (102 Stat. 1260) amended
and restated sec. 141(c).
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(A) have primary responsibility for developing, and
for coordinating the implementation of, United States
international trade policy, including commodity
matters, and, to the extent they are related to
international trade policy, direct investment matters;
(B) serve as the principal advisor to the President
on international trade policy and shall advise the
President on the impact of other policies of the United
States Government on international trade;
(C) have lead responsibility for the conduct of, and
shall be the chief representative of the United States
for, international trade negotiations, including all
negotiations on any matter considered under the
auspices of the World Trade Organization,\74\ commodity
and direct investment negotiations, in which the United
States participates;
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\74\ Sec. 621(a)(8) of Public Law 103-465 (108 Stat. 4993) inserted
``all negotiations on any matter considered under the auspices of the
World Trade Organization,'' after ``including'' in subpara. (C), and
inserted ``, including any matter considered under the auspices of the
World Trade Organization,'' after ``functions'' in subpara. (D)
(resulting in a double comma). Sec. 20(f)(1) of Public Law 104-295 (110
Stat. 3529) subsequently struck out the second comma.
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(D) issue and coordinate policy guidance to
departments and agencies on basic issues of policy and
interpretation arising in the exercise of international
trade functions, including any matter considered under
the auspices of the World Trade Organization,\74\ to
the extent necessary to assure the coordination of
international trade policy and consistent with any
other law;
(E) act as the principal spokesman of the President
on international trade;
(F) report directly to the President and the Congress
regarding, and be responsible to the President and the
Congress for the administration of, trade agreements
programs;
(G) advise the President and Congress with respect to
nontariff barriers to international trade,
international commodity agreements, and other matters
which are related to the trade agreements programs;
(H) be responsible for making reports to Congress
with respect to matters referred to in subparagraphs
(C) and (F);
(I) be chairman of the interagency trade organization
established under section 242(a) of the Trade Expansion
Act of 1962, and shall consult with and be advised by
such organization in the performance of his functions;
and
(J) in addition to those functions that are delegated
to the United States Trade Representative as of the
date of the enactment of the Omnibus Trade and
Competitiveness Act of 1988, be responsible for such
other functions as the President may direct.
(2) \75\ It is the sense of Congress that the United States
Trade Representative should--
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\75\ Sec. 3(b)(1) of Public Law 97-456 (96 Stat. 2503) redesignated
existing para. (2) as para. (3) and added a new para. (2). Sec.
1601(a)(2) of Public Law 100-418 (102 Stat. 1261) subsequently
redesignated paras. (2) and (3) as paras. (3) and (4) and inserted a
new para. (2).
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(A) be the senior representative on any body that the
President may establish for the purpose of providing to
the President advice on overall economic policies in
which international trade matters predominate; and
(B) be included as a participant in all economic
summit and other international meetings at which
international trade is a major topic.
(3) \75\ The United States Trade Representative may--
(A) delegate any of his functions, powers, and duties
to such officers and employees of the Office as he may
designate; and
(B) authorize such successive redelegations of such
functions, powers, and duties to such officers and
employees of the Office as he may deem appropriate.
(4) \75\ Each Deputy United States Trade Representative
\76\ shall have as his principal function the conduct of trade
negotiations under this Act and shall have such other functions
as the United States Trade Representative \69\ may direct.
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\76\ Sec. 3(d)(2)(C) of Public Law 97-456 (96 Stat. 2503)
substituted the reference to the Deputy United States Trade
Representative in lieu of a reference to the Deputy Special
Representative for Trade Negotiations.
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(5) \77\ The principal function of the Chief Agricultural
Negotiator shall be to conduct trade negotiations and to
enforce trade agreements relating to United States agricultural
products and services. The Chief Agricultural Negotiator shall
be a vigorous advocate on behalf of United States agricultural
interests. The Chief Agricultural Negotiator shall perform such
other functions as the United States Trade Representative may
direct.
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\77\ Sec. 406 of Public Law 106-200 (114 Stat. 293) inserted para.
(5).
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(d) \78\ (1) In carrying out subsection (c) with respect to
unfair trade practices, the United States Trade Representative
shall--
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\78\ Sec. 1601(b)(1) of Public Law 100-418 (102 Stat. 1261)
redesignated subsecs. (d), (e), and (f) as subsecs. (e), (f), and (g),
respectively, and inserted a new subsec. (d).
---------------------------------------------------------------------------
(A) coordinate the application of interagency
resources to specific unfair trade practice cases;
(B) identify, and refer to the appropriate Federal
department or agency for consideration with respect to
action, each act, policy, or practice referred to in
the report required under section 181(b), or otherwise
known to the United States Trade Representative on the
basis of other available information, that may be an
unfair trade practice that either--
(i) is considered to be inconsistent with the
provisions of any trade agreement and has a
significant adverse impact on United States
commerce, or
(ii) has a significant adverse impact on
domestic firms or industries that are either
too small or financially weak to initiate
proceedings under the trade laws;
(C) identify practices having a significant adverse
impact on United States commerce that the attainment of
United States negotiating objectives would eliminate;
and
(D) identify, on a biennial basis, those United
States Government policies and practices that, if
engaged in by a foreign government, might constitute
unfair trade practices under United States law.
(2) For purposes of carrying out paragraph (1), the United
States Trade Representative shall be assisted by an interagency
unfair trade practices advisory committee composed of the Trade
Representative, who shall chair the committee, and senior
representatives of the following agencies, appointed by the
respective heads of those agencies:
(A) The Bureau of Economics and Business Affairs of
the Department of State.
(B) The United States and Foreign Commercial Services
of the Department of Commerce.
(C) The International Trade Administration (other
than the United States and Foreign Commercial Service)
of the Department of Commerce.
(D) The Foreign Agricultural Service of the
Department of Agriculture.
The United States Trade Representative may also request the
advice of the United States International Trade Commission
regarding the carrying out of paragraph (1).
(3) For purposes of this subsection, the term ``unfair trade
practice'' means any act, policy, or practice that--
(A) may be a subsidy with respect to which
countervailing duties may be imposed under subtitle A
of title VII;
(B) may result in the sale or likely sale of foreign
merchandise with respect to which antidumping duties
may be imposed under subtitle B of title VII;
(C) may be either an unfair method of competition, or
an unfair act in the importation of articles into the
United States, that is unlawful under section 337; or
(D) may be an act, policy, or practice of a kind with
respect to which action may be taken under title III of
the Trade Act of 1974.
(e) \78\ The United States Trade Representative \56\ may,
for the purpose of carrying out his functions under this
section--
(1) subject to the civil service and classification
laws, select, appoint, employ, and fix the compensation
of such officers and employees as are necessary and
prescribe their authority and duties, except that not
more than 20 individuals may be employed without regard
to any provision of law regulating the employment or
compensation at rates not to exceed the rate of pay for
level IV of the Executive Schedule in section 5314 of
title 5, United States Code; \79\
---------------------------------------------------------------------------
\79\ The words to this point beginning with ``except that not more
than 20'' were added by sec. 13023(1) of Public Law 99-272 (100 Stat.
307).
---------------------------------------------------------------------------
(2) employ experts and consultants in accordance with
section 3109 of title 5, United States Code, and
compensate individuals so employed for each day
(including travel time) at rates not in excess of the
maximum rate of pay for grade GS-18 as provided in
section 5332 of title 5, United States Code, and while
such experts and consultants are so serving away from
their homes or regular place of business, to pay such
employees travel expenses and per diem in lieu of
subsistence at rates authorized by section 5703 of
title 5, United States Code, for persons in Government
service employed intermittently;
(3) promulgate such rules and regulations as may be
necessary to carry out the functions, powers and duties
\80\ vested in him;
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\80\ Sec. 3(b)(2) of Public Law 97-456 (96 Stat. 2503) inserted
``powers and duties''.
---------------------------------------------------------------------------
(4) utilize, with their consent, the services,
personnel, and facilities of other Federal agencies;
(5) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary in the conduct of the work of the Office and
on such terms as the United States Trade Representative
\67\ may deem appropriate, with any agency or
instrumentality of the United States, or with any
public or private person, firm, association,
corporation, or institution;
(6) accept voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of Title
31, United States Code; \81\
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\81\ Sec. 1887(a)(3) of Public Law 99-514 (100 Stat. 2923) inserted
the reference to 31 U.S.C. 1342 in lieu of ``3679(b) of the Revised
Statutes (31 U.S.C. 665(b))''.
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(7) adopt an official seal, which shall be judicially
noticed;
(8) \82\ pay for expenses approved by him for
official travel without regard to the Federal Travel
Regulations or to the provisions of subchapter I of
chapter 57 of title 5, United States Code (relating to
rates of per diem allowances in lieu of subsistence
expenses);
---------------------------------------------------------------------------
\82\ Sec. 3(b)(5) of Public Law 97-456 (96.Stat. 2503) added paras.
(8) through (10).
---------------------------------------------------------------------------
(9) \82\ accept, hold, administer, and utilize gifts,
devises, and bequests of property, both real and
personal, for the purpose of aiding or facilitating the
work of the Office; and
(10) \82\ acquire, by purchase or exchange, not more
than two passenger motor vehicles for use abroad,
except that no vehicle may be acquired at a cost
exceeding $9,500.
(11) \83\ provide, where authorized by law, copies of
documents to persons at cost, except that any funds so
received shall be credited to, and be available for use
from, the account from which expenditures relating
thereto were made.
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\83\ Sec. 304(d)(2)(A)(iii) of the International Trade and
Investment Act (title III of Public Law 98-573; 98 Stat. 3004) inserted
this paragraph as para. (8). It was later redesignated as para. (11) by
sec. 1887(a)(4) of Public Law 99-514 (100 Stat. 2923).
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(f) \78\ The United States Trade Representative \67\ shall,
to the extent he deems it necessary for the proper
administration and execution of the trade agreements programs
of the United States, draw upon the resources of, and consult
with, Federal agencies in connection with the performance of
his functions.
(g) \78\ (1) \84\ (A) There are authorized to be
appropriated to the Office for the purposes of carrying out its
functions the following:
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\84\ Sec. 361(a)(1) of the Customs Border Security Act of 2002
(title III of Public Law 107-210; 116 Stat. 991) struck out ``not to
exceed'' following ``functions'' and added the authorizations for
fiscal year 2003 and fiscal year 2004.
Previous authorization levels have been as follows: fiscal year
1992--$21,077,000 (Public Law 101-382; 104 Stat. 634); fiscal year
1991--$23,250,000 (Public Law 101-382; 104 Stat. 634); fiscal year
1990--$19,651,000 (Public Law 101-207; 103 Stat. 1833); fiscal year
1988--$15,172,000 (Public Law 100-203; 101 Stat. 1330-382); fiscal year
1986--$13,582,000 (Public Law 99-272; 100 Stat. 308); fiscal year
1985--$14,179,000 (Public Law 98-573; 98 Stat. 3043); fiscal year
1983--$11,100,000 (Public Law 97-456; 96 Stat. 2503).
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(i) $32,300,000 for fiscal year 2003.
(ii) $33,108,000 for fiscal year 2004.
(B) Of the amounts authorized to be appropriated under
subparagraph (A) for any fiscal year--
(i) \85\ not to exceed $98,000 may be used for
entertainment and representation expenses of the
Office; and
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\85\ Sec. 361(a)(2) of the Customs Border Security Act of 2002
(title III of Public Law 107-210; 116 Stat. 991) added ``and'' at the
end of clause (i), deleted clause (ii), and redesignated clause (iii)
as clause (ii). Previously, clause (ii) had stipulated that not to
exceed $2,050,000 may be used to pay the United States share of the
expenses of binational panels and extraordinary challenge committees
convened pursuant to chapter 19 of the United States-Canada Free Trade
Agreement.
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(ii) not to exceed $1,000,000 shall remain available
until expended.
(2) \86\ For the fiscal year beginning October 1, 1982, and
for each fiscal year thereafter, there are authorized to be
appropriated to the Office for the salaries of its officers and
employees such additional sums as may be provided by law to
reflect pay rate changes made in accordance with the Federal
Pay Comparability Act of 1970.
---------------------------------------------------------------------------
\86\ Sec. 3(a) of Public Law 97-456 (96 Stat. 2503) amended and
restated subsec. (g) (then subsec. (f)) by adding language in para. (2)
concerning salaries. Prior to that amendment, subsec. (g) had
authorized funds for the Office in ``such amounts as may be necessary''
for fiscal years 1976 through 1980.
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(3) \87\ By not later than the date on which the President
submits to Congress the budget of the United States Government
for a fiscal year, the United States Trade Representative shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate the
projected amount of funds for the succeeding fiscal year that
will be necessary for the Office to carry out its functions.
---------------------------------------------------------------------------
\87\ Sec. 361(b) of the Customs Border Security Act of 2002 (title
III of Public Law 107-210; 116 Stat. 991) added para. (3). Sec. 361(c)
of Public Law 107-210 further provided the following:
``(c) Additional Staff for Office of Assistant U.S. Trade
Representative for Congressional Affairs.--
---------------------------------------------------------------------------
``(1) In general.--There is authorized to be appropriated such sums as
may be necessary for fiscal year 2003 for the salaries and expenses of two
additional legislative specialist employee positions within the Office of
the Assistant United States Trade Representative for Congressional Affairs.
``(2) Availability.--Amounts appropriated pursuant to the authorization
of appropriations under paragraph (1) are authorized to remain available
until expended.''.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Note.--Sec. 132 of the Customs and Trade Act of 1990 (Public Law 101-382; 104 Stat. 647; 19 U.S.C.
``(d) Effective Dates.--
``(1) In general.--Except as provided in paragraph (2), the amendments made by this section take
effect on the date of the enactment of this Act. [August 20, 1990]
``(2) Extension of waiver authority.--
``(A) The amendments made by subsections (a) and (c) (4) and (5) apply with respect to
recommendations made under section 402(d) of the Trade Act of 1974 by the President after May 23,
1990.
``(B) Solely for purposes of applying the applicable provisions of the Trade Act of 1974 with
respect to the recommendations made by the President to the House of Representatives and the Senate
under subsection (d) of section 402 of the Trade Act of 1974 after May 23, 1990, and on or before
the date of the enactment of this Act--
``(i) in paragraph (2)(A)(i) of subsection (d) of such section 402 (as amended by subsection
(a)), the date on which the waiver authority granted under subsection (c) of such section 402
would expire but for an extension under paragraph (1) of such subsection (d) is the date of the
enactment of this Act;
``(ii) paragraph (2)(A)(ii) of subsection (d) of such section 402 (as amended by subsection
(a)) shall be treated as reading as follows:
`` `(ii) if the President vetoes the joint resolution, each House of Congress votes to override
such veto on or before the last day of the 60-day period referred to in clause (i).';
``(iii) if the waiver authority granted under such subsection (c) is extended after application
of clauses (i) and (ii), the expiration date for such authority is July 3, 1991; and
``(iv) only joint resolutions described in section 153(a) of the Trade Act of 1974 (as amended
by subsection (a)) that are introduced in the House of Representatives or the Senate on or after
the date of the enactment of this Act may be considered by either body.''.
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Chapter 5--Congressional Procedures With Respect to Presidential
Actions
SEC. 151.\88\ BILLS IMPLEMENTING TRADE AGREEMENTS OF NONTARIFF BARRIERS
AND RESOLUTIONS APPROVING COMMERCIAL AGREEMENTS
WITH COMMUNITY COUNTRIES.
(a) Rules of House of Representatives and Senate.--This
section and sections 152 and 153 are enacted by the Congress--
---------------------------------------------------------------------------
\88\ 19 U.S.C. 2191.
---------------------------------------------------------------------------
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they are deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of implementing bills described in subsection
(b)(1), implementing revenue bills described in
subsection (b)(2), approval resolutions described in
subsection (b)(3), and resolutions described in
subsections 152(a) and 153(a); and they supersede other
rules only to the extent that they are inconsistent
therewith; and
(2) with full recognition of the constitutional right
of either House to change the rules (so far as relating
to the procedure of that House) at any time, in the
same manner and to the same extent as in the case of
any other rule of that House.
(b) Definitions.--For purposes of this section--
(1) The term ``implementing bill'' means only a bill
of either House of Congress which is introduced as
provided in subsection (c) with respect to one or more
trade agreements, or with respect to an extension
described in section 282(c)(3) of the Uruguay Round
Agreements Act,\89\ submitted to the House of
Representatives and the Senate under section 102 of
this Act, section 282 of the Uruguay Round Agreements
Act, or section 2105(a)(1) of the Bipartisan Trade
Promotion Authority Act of 2002 \90\ and which
contains--
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\89\ Sec. 282(c)(4)(A)(i) of Public Law 103-465 (108 Stat. 4929)
inserted ``, or with respect to an extension described in section
282(c)(3) of the Uruguay Round Agreements Act,'' after ``trade
agreements''.
\90\ Sec. 1107(b)(1) of Public Law 100-418 (102 Stat. 1135)
inserted ``section 102 of this Act or section 1103(a)(1) of the Omnibus
Trade and Competitiveness Act of 1988''. Sec. 282(c)(4)(A)(ii) of
Public Law 103-465 (108 Stat. 4929) subsequently struck out ``or
section 1103(a)(1) of the Omnibus Trade and Competitiveness Act of
1988'' and inserted in lieu thereof ``, section 1103(a)(1) of the
Omnibus Trade and Competitiveness Act of 1988, or section 282 of the
Uruguay Round Agreements Act''. Sec. 2110(a)(1)(A) of the Bipartisan
Trade Promotion Authority Act of 2002 (title XXI of Public Law 107-210;
116 Stat. 1019) subsequently struck out ``section 1103(a)(1) of the
Omnibus Trade and Competitiveness Act of 1988, or section 282 of the
Uruguay Round Agreements Act'' and inserted in lieu thereof ``section
282 of the Uruguay Round Agreements Act, or section 2105(a)(1) of the
Bipartisan Trade Promotion Authority Act of 2002''.
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(A) a provision approving such trade
agreement or agreements or such extension,\91\
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\91\ Sec. 282(c)(4)(A)(iii) of Public Law 103-465 (108 Stat. 4929)
inserted ``or such extension'' after ``agreements'' in subparas. (A)
and (C).
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(B) a provision approving the statement of
administrative action (if any) proposed to
implement such trade agreement or agreements,
and
(C) if changes in existing laws or new
statutory authority is required to implement
such trade agreement or agreements or such
extension,\91\ provisions necessary or
appropriate to implement such trade agreement
or agreements or such extension,\91\ either
repealing or amending existing laws or
providing new statutory authority.
(2) The term ``implementing revenue bill or
resolution'' \92\ means an implementing bill, or
approval resolution \93\ which contains one or more
revenue measures by reason of which it must originate
in the House of Representatives.
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\92\ Sec. 132(b)(2)(A) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 645) inserted ``or resolution''. See box note,
page 291, relating to effective date of amendment.
\93\ Sec. 132(b)(2)(B) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 645) inserted ``, or approval resolution''. See
box note, page 291, relating to effective date of amendment.
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(3) The term ``approval resolution'' means only a
joint \94\ resolution of the two Houses of the
Congress, the matter after the resolving clause of
which is as follows: ``That the Congress approves the
extension of nondiscriminatory treatment with respect
to the products of ........................ transmitted
by the President to the Congress on
........................'', the first blank space being
filled with the name of the country involved and the
second blank space being filled with the appropriate
date.
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\94\ Sec. 132(b)(2)(C) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 645) struck out ``concurrent'' and inserted in
lieu thereof ``joint''. See box note, page 291, relating to effective
date of amendment.
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(c) Introduction and Referral.--
(1) On the day on which a trade agreement or
extension \95\ is submitted to the House of
Representatives and the Senate under section 102,
section 282 of the Uruguay Round Agreements Act, or
section 2105(a)(1) of the Bipartisan Trade Promotion
Authority Act of 2002,\96\ the implementing bill
submitted by the President with respect to such trade
agreement or extension \95\ shall be introduced (by
request) in the House by the majority leader of the
House, for himself and the minority leader of the
House, or by Members of the House designated by the
majority leader and minority leader of the House; and
shall be introduced (by request) in the Senate by the
majority leader of the Senate, for himself and the
minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority
leader of the Senate. If either House is not in session
on the day on which such a trade agreement or extension
\95\ is submitted, the implementing bill shall be
introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that
House is in session. Such bills shall be referred by
the Presiding Officers of the respective Houses to the
appropriate committee, or, in the case of a bill
containing provisions within the jurisdiction of two or
more committees, jointly to such committees for
consideration of those provisions within their
respective jurisdictions.
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\95\ Sec. 282(c)(4)(B)(ii) of Public Law 103-465 (108 Stat. 4929)
inserted ``or extension'' after ``agreement'' throughout subsec.
(c)(1).
\96\ Sec. 282(c)(4)(B)(i) of Public Law 103-465 (108 Stat. 4929)
inserted ``or section 282 of the Uruguay Round Agreements Act'' after
``section 102''. Sec. 2110(a)(1)(B) of the Bipartisan Trade Promotion
Authority Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1019)
subsequently inserted ``, or section 2105(a)(1) of the Bipartisan Trade
Promotion Authority Act of 2002''.
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(2) On the day on which a bilateral commercial
agreement, entered into under title IV of this Act
after the date of the enactment of this Act, is
transmitted to the House of Representatives and the
Senate, an approval resolution with respect to such
agreement shall be introduced (by request) in the House
by the majority leader of the House, for himself and
the minority leader of the House, or by Members of the
House designated by the majority leader of the House,
for himself and the minority leader of the House, or by
Members of the House designated by the majority leader
and minority leader of the House; and shall be
introduced (by request) in the Senate by the majority
leader of the Senate, for himself and the minority
leader of the Senate, or by Members of the Senate
designated by the majority leader and minority leader
of the Senate. If either House is not in session on the
day on which such an agreement is transmitted, the
approval resolution with respect to such agreement
shall be introduced in the House, as provided in the
preceding sentence, on the first day thereafter on
which the House is in session. The approval resolution
introduced in the House shall be referred to the
Committee on Ways and Means and the approval resolution
introduced in the Senate shall be referred to the
Committee on Finance.
(d) Amendments Prohibited.--No amendment to an implementing
bill or approval resolution shall be in order in either the
House of Representatives or the Senate; and no motion to
suspend the application of this subsection shall be in order in
either House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this subsection by unanimous consent.
(e) Period for Committee and Floor Consideration.--
(1) Except as provided in paragraph (2), if the
committee or committees of either House to which an
implementing bill or approval resolution has been
referred have not reported it at the close of the 45th
day after its introduction, such committee or
committees shall be automatically discharged from
further consideration of the bill or resolution and it
shall be placed on the appropriation calendar. A vote
on final passage of the bill or resolution shall be
taken in each House on or before the close of the 15th
day after the bill or resolution is reported by the
committees or committee of that House to which it was
referred, or after such committee or committees have
been discharged from further consideration of the bill
or resolution. If prior to the passage by one House of
an implementing bill or approval resolution of that
House, that House receives the same implementing bill
or approval resolution from the other House then--
(A) the procedure in that House shall be the
same as if no implementing bill or approval
resolution had been received from the other
House; but
(B) the vote on final passage shall be on the
implementing bill or approval resolution of the
other House.
(2) The provisions of paragraph (1) shall not apply
in the Senate to an implementing revenue bill or
resolution.\97\ An implementing revenue bill or
resolution \97\ received from the House shall be
referred to the appropriate committee or committees of
the Senate. If such committees have not reported such
bill or resolution \98\ at the close of the 15th day
after its receipt by the Senate (or, later, before the
close of the 45th day after the corresponding
implementing revenue bill or resolution \97\ was
introduced in the Senate), such committee or committees
shall be automatically discharged from further
consideration of such bill or resolution \98\ and it
shall be placed on the calendar. A vote on final
passage of such bill or resolution \98\ shall be taken
in the Senate on or before the close of the 15th day
after such bill or resolution \98\ is reported by the
committee or committees of the Senate to which it was
referred, or after such committee or committees have
been discharged from further consideration of such bill
or resolution.\98\
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\97\ Sec. 132(b)(2)(D) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 645) struck out ``revenue bill'' and inserted in
lieu thereof ``revenue bill or resolution''. See box note, page 291,
relating to effective date of amendment.
\98\ Sec. 132(b)(2)(E) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 645) struck out ``such bill'' and inserted in
lieu thereof ``such bill or resolution''. See box note, page 291,
relating to effective date of amendment.
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(3) For purposes of paragraphs (1) and (2), in
computing a number of days in either House, there shall
be excluded any day on which the House is not in
session.
(f) Floor Consideration in the House.--
(1) A motion in the House of Representatives to
proceed to the consideration of an implementing bill or
approval resolution shall be highly privileged and not
debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or disagreed
to.
(2) Debate in the House of Representatives on an
implementing bill or approval resolution shall be
limited to not more than 20 hours, which shall be
divided equally between those favoring and those
opposing the bill or resolution. A motion further to
limit debate shall not be debatable. It shall not be in
order to move to recommit an implementing bill or
approval resolution or to move to reconsider the vote
by which an implementing bill or approval resolution is
agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of an
implementing bill or approval resolution, and motions
to proceed to the consideration of other business,
shall be decided without debate.
(4) All appeals from the decisions of the Chair
relating to the application of the Rules of the House
of Representatives to the procedure relating to an
implementing bill or approval resolution shall be
decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration
of an implementing bill or approval resolution shall be
governed by the Rules of the House of Representatives
applicable to other bills and resolutions in similar
circumstances.
(g) Floor Consideration in the Senate.--
(1) A motion in the Senate to proceed to the
consideration of an implementing bill or approval
resolution shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill or
approval resolution, and all debatable motions and
appeals in connection therewith, shall be limited to
not more than 20 hours. The time shall be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with an implementing bill or
approval resolution shall be limited to not more than 1
hour, to be equally divided between, and controlled by,
the mover and the manager of the bill or resolution,
except that in the event the manager of the bill or
resolution is in favor of any such motion or appeal,
the time in opposition thereto, shall be controlled by
the minority leader or his designee. Such leaders, or
either of them, may, from time under their control on
the passage of an implementing bill or approval
resolution, allot additional time to any Senator during
the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is
not debatable. A motion to recommit an implementing
bill or approval resolution is not in order.
SEC. 152.\99\ RESOLUTIONS DISAPPROVING CERTAIN ACTIONS.
(a) Contents of Resolutions.--
---------------------------------------------------------------------------
\99\ 19 U.S.C. 2192.
---------------------------------------------------------------------------
(1) For purposes of this section, the term
``resolution'' means only--
(A) \100\ a joint resolution \101\ of the two
Houses of the Congress, the matter after the
resolving clause of which is as follows: ``That
the Congress does not approve the action taken
by, or the determination of, the President
under section 203, of the Trade Act of 1974
transmitted to the Congress on ............,
the blank spaces being filled with the
appropriate date; and
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\100\ Sec. 902(a) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 299) amended and restated para. (1)(A).
\101\ Sec. 248(b) of Public Law 98-573 (98 Stat. 2998) struck out
``concurrent resolution'' and inserted in lieu thereof ``joint
resolution''.
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(B) \102\ a joint resolution of the two
Houses of the Congress, the matter after the
resolving clause of which is as follows: ``That
the Congress does not approve ...........
transmitted to the Congress on ............'',
with the first blank space being filled in
accordance with paragraph (2), and the second
blank space being filled with the appropriate
date.
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\102\ Sec. 132(c)(2) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 646) amended and restated subpara. (B). Subpara.
(B) formerly referred to simple resolutions from either House of the
Congress. See box note, page 291, relating to effective date of
amendment.
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(2) \103\ The first \104\ blank space referred to in
paragraph (1)(B) shall be filled,\105\ in the case of a
resolution referred to in section 407(c)(2),\106\ with
the phrase ``the report of the President submitted
under section ............ of the Trade Act of 1974
with respect to ............ (with the first blank
space being filled with ``402(b)'' or ``409(b)'', as
appropriate, and the second blank space being filled
with the name of the country involved).
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\103\ Sec. 902(a) of the Trade Agreements Act of 1979 (Public Law
96-39, 93 Stat. 300) struck out para. (2) and redesignated para. (3) as
para. (2).
\104\ Sec. 132(c)(3)(A) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 646) struck out ``second'' and inserted
in lieu thereof ``first''. See box note, page 291, relating to the
effective date of the amendment.
\105\ Sec. 261(d)(1)(A)(ii) of Public Law 103-465 (108 Stat. 4909),
as amended by sec. 20(b)(1) of Public Law 104-295 (110 Stat. 3527),
struck out subpara. designations (A) and (B), and struck out the
reference to sec. 303(c) of the Tariff Act of 1930, which was repealed
by the Trade Agreements Act of 1979.
\106\ Sec. 132(c)(3)(C) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 646) struck out ``407(c)(3)'' and
inserted in lieu thereof ``407(c)(2)''. See box note, page 291,
relating to effective date of amendment.
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(b) References to Committees.--All resolutions introduced
in the House of Representatives shall be referred to the
Committee on Ways and Means and all resolutions introduced in
the Senate shall be referred to the Committee on Finance.
(c) Discharge of Committees.--
(1) If the committee of either House to which a
resolution has been referred has not reported it at the
end of 30 days after its introduction, not counting any
day which is excluded under section 154(b),\107\ it is
in order to move either to discharge the committee from
further consideration of the resolution or to discharge
the committee from further consideration of any other
resolution introduced with respect to the same
matter,\108\ except that a motion to discharge--
---------------------------------------------------------------------------
\107\ Sec. 1106(c)(5) of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 312) struck out the reference to sec. 153(b) and
inserted in lieu thereof the reference to sec. 154(b).
\108\ Sec. 132(c)(4) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 646) struck out ``except no motion to discharge
shall be in order after the committee has reported a resolution with
respect to the same matter.'' and inserted text in this paragraph,
including the subparagraph following ``matter''. See box note, page
291, relating to effective date of amendment.
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(A) may only be made on the second
legislative day after the calendar day on which
the Member making the motion announces to the
House his intention to do so; and
(B) is not in order after the Committee has
reported a resolution with respect to the same
matter.
(2) A motion to discharge under paragraph (1) may be
made only by an individual favoring the resolution, and
is highly privileged in the House and privileged in the
Senate; and debate thereon shall be limited to not more
than 1 hour, the time to be divided in the House
equally between those favoring and those opposing the
resolution, and to be divided in the Senate equally
between, and controlled by, the majority leader and the
minority leader or their designees. An amendment to the
motion is not in order, and it is not in order to move
to reconsider the vote by which the motion is agreed to
or disagreed to.
(d) Floor Consideration in the House.--
(1) A motion in the House of Representatives to
proceed to the consideration of a resolution shall be
highly privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be in
order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on a
resolution shall be limited to not more than 20 hours,
which shall be divided equally between those favoring
and those opposing the resolution. A motion further to
limit debate shall not be debatable. No amendment to,
or motion to recommit, the resolution shall be in
order. It shall not be in order to move to reconsider
the vote by which a resolution is agreed to or
disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of a
resolution, and motions to proceed to the consideration
of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair
relating to the application of the Rules of the House
of Representatives to the procedure relating to a
resolution shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration
of a resolution in the House of Representatives shall
be governed by the Rules of the House of
Representatives applicable to other resolutions in
similar circumstances.
(e) Floor Consideration in the Senate.--
(1) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all
debatable motions and appeals in connection therewith,
shall be limited to not more than 20 hours, to be
equally divided between, and controlled by, the
majority leader and the minority leader or their
designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited
to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the
resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal,
the time in opposition thereto, shall be controlled by
the minority leader or his designee. Such leaders, or
either of them, may, from time under their control on
the passage of a resolution, allot additional time to
any Senator during the consideration of any debatable
motion or appeal.
(4) A motion in the Senate to further limit debate on
a resolution, debatable motion, or appeal is not
debatable. No amendment to, or motion to recommend a
resolution is in order in the Senate.
(f) \109\ Procedures in the Senate.--
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\109\ Sec. 132(c)(5) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 647) amended and restated subsec. (f). See box
note, page 291, relating to effective date of amendment.
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(1) Except as otherwise provided in this section, the
following procedures shall apply in the Senate to a
resolution to which this section applies:
(A)(i) Except as provided in clause (ii), a
resolution that has passed the House of
Representatives shall, when received in the
Senate, be referred to the Committee on Finance
for consideration in accordance with this
section.
(ii) If a resolution to which this section
applies was introduced in the Senate before
receipt of a resolution that has passed the
House of Representatives, the resolution from
the House of Representatives shall, when
received in the Senate, be placed on the
calendar. If this clause applies, the
procedures in the Senate with respect to a
resolution introduced in the Senate that
contains the identical matter as the resolution
that passed the House of Representatives shall
be the same as if no resolution had been
received from the House of Representatives,
except that the vote on passage in the Senate
shall be on the resolution that passed the
House of Representatives.
(B) If the Senate passes a resolution before
receiving from the House of Representatives a
joint resolution that contains the identical
matter, the joint resolution shall be held at
the desk pending receipt of the joint
resolution from the House of Representatives.
Upon receipt of the joint resolution from the
House of Representatives, such joint resolution
shall be deemed to be read twice, considered,
read the third time, and passed.
(2) If the texts of joint resolutions described in
section 152 or 153(a), whichever is applicable,
concerning any matter are not identical--
(A) the Senate shall vote passage on the
resolution introduced in the Senate, and
(B) the text of the joint resolution passed
by the Senate shall, immediately upon its
passage (or, if later, upon receipt of the
joint resolution passed by the House), be
substituted for the text of the joint
resolution passed by the House of
Representatives, and such resolution, as
amended, shall be returned with a request for a
conference between the two Houses.
(3) Consideration in the Senate of any veto message
with respect to a joint resolution described in
subsection (a)(2)(B) or section 153(a), including
consideration therewith, shall be limited to 10 hours,
to be equally divided between, and controlled by, the
majority leader and the minority leader or their
designees.
SEC. 153.\110\ RESOLUTIONS RELATING TO EXTENSION OF WAIVER AUTHORITY
UNDER SECTION 402.
(a) \111\ Contents of Resolutions.--For purposes of this
section, the term ``resolution'' means only a joint resolution
of the two Houses of Congress, the matter after the resolving
clause of which is as follows: ``That the Congress does not
approve the extension of the authority contained in section
402(c) of the Trade Act of 1974 recommended by the President to
the Congress on ........................ with respect to
........................'', with the first blank space being
filled with the appropriate date, and the second blank space
being filled with the names of those countries, if any, with
respect to which such extension of authority is not approved,
and with the clause beginning ``with respect to'' being omitted
if the extension of the authority is not approved with respect
to any country.
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\110\ 19 U.S.C. 2193.
\111\ Sec. 132(a)(3) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 644) amended and restated subsec. (a). See box
note, page 291, relating to effective date of amendment.
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(b) Application of Rules of Section 152; Exceptions.--
(1) Except as provided in this section, the
provisions of section 152 shall apply to resolutions
described in subsection (a).
(2) In applying section 152(c)(1), all calendar days
shall be counted.\112\
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\112\ Sec. 132(a)(4)(A) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 644) struck out ``, and, in the case of
a resolution related to section 402(d)(4), 20 calendar days shall be
substituted for 30 days''. See box note, page 291, relating to
effective date of amendment.
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(3) That part of section 152(d)(2) which provides
that no amendment is in order shall not apply to any
amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or
to striking out or inserting \113\ a with-respect-to
clause.\114\ Debate in the House of Representatives on
any amendment to a resolution shall be limited to not
more than 1 hour which shall be equally divided between
those favoring and those opposing the amendment. A
motion in the House to further limit debate on an
amendment to a resolution is not debatable.
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\113\ Sec. 132(a)(4)(B) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 645) struck out ``an except clause, in
the cause of a resolution described in subsection (a)(1), or''. See box
note, page 291, relating to effective date of amendment.
\114\ Sec. 132(a)(4)(C) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 645) struck out ``, in the case of a
resolution described in subsection (a)(2)''. See box note, page 291,
relating to effective date of amendment.
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(4) That part of section 152(e)(4) which provides
that no amendment is in order shall not apply to any
amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or
to striking out or inserting \115\ a with-respect-to
clause.\116\ The time limit on a debate on a resolution
in the Senate under section 152(e)(2) shall include all
amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more
than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the
resolution, except that in the event the manager of the
resolution is in favor of any such amendment, the time
in opposition thereto shall be controlled by the
minority leader or his designee. The majority leader
and minority leader may, from time under their control
on the passage of a resolution, allot additional time
to any Senator during the consideration of any
amendment. A motion in the Senate to further limit
debate on an amendment to a resolution is not
debatable.
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\115\ Sec. 132(a)(4)(D) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 645) struck out ``an except clause, in
the case of a resolution described in subsection (a)(1), or''. See box
note, page 291, relating to effective date of amendment.
\116\ Sec. 132(a)(4)(E) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 645) struck out ``, in the case of a
resolution described in subsection (a)(2)''. See box note, page 291,
relating to effective date of amendment.
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(c) Consideration of Second Resolution Not in Order.--It
shall not be in order in either the House of Representatives or
the Senate to consider a resolution with respect to a
recommendation of the President under section 402(d) (other
than a resolution described in subsection (a) \117\ received
from the other House), if that House had adopted a resolution
with respect to the same recommendation.
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\117\ Sec. 132(a)(5) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 645) struck out ``in subsection (a)(1)'' and
inserted in lieu thereof ``in subsection (a)''. See box note, page 291,
relating to effective date of amendment.
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(d) \118\ Procedures Relating to Conference Reports in the
Senate.--
---------------------------------------------------------------------------
\118\ Sec. 132(a)(6) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 645) added subsec. (d). See box note, page 291,
relating to effective date of amendment.
---------------------------------------------------------------------------
(1) Consideration in the Senate of the conference
report on any joint resolution described in subsection
(a), including consideration of all amendments in
disagreement (and all amendments thereto), and
consideration of all debatable motions and appeals in
connection therewith, shall be limited to 10 hours, to
be equally divided between, and controlled by, the
majority leader and the minority leader or their
designees. Debate on any debatable motion or appeal
related to the conference report shall be limited to 1
hour, to be equally divided between, and controlled by,
the mover and the manager of the conference report.
(2) In any case in which there are amendments in
disagreement, time on each amendment shall be limited
to 30 minutes, to be equally divided between, and
controlled by, the manager of the conference report and
the minority leader or his designee. No amendment to
any amendment in disagreement shall be received unless
it is a germane amendment.
SEC. 154.\119\ SPECIAL RULES RELATING TO CONGRESSIONAL PROCEDURES.
(a) Whenever, pursuant to section 102(e), 203(b),\120\
402(d), or 407(a) or (b),\121\ a document is required to be
transmitted to the Congress, copies of such document shall be
delivered to both Houses of Congress on the same day and shall
be delivered to the Clerk of the House of Representatives if
the House is not in session and to the Secretary of the Senate
if the Senate is not in session.
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\119\ 19 U.S.C. 2194.
\120\ Sec. 902(a) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 300) struck out a reference to sec. 302(d) which
previously appeared at this point.
\121\ Sec. 261(d)(1)(A)(iii) of Public Law 103-465 (108 Stat. 4909)
struck out ``or section 303(e) of the Tariff Act of 1930,''.
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(b) For purposes of sections 203(c) and 407(c)(2), the 90-
day period,\122\ and 2437(c)(2),\123\ referred to in such
sections shall be computed by excluding--
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\122\ Sec. 902(a) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 300) struck out a reference to sec. 302(b) which
previously appeared at this point. Sec. 1001(a)(5) of Public Law 106-36
(113 Stat. 130) struck out ``For purposes of'' and all that followed,
and inserted in lieu thereof ``For purposes of 203(c) and 407(c)(2),
the 90-day period''.
\123\ Sec. 132(c)(6) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 647) struck out ``407(c)(2) and 407(c)(3)'' and
inserted in lieu thereof ``and 407(c)(2)''. See box note, page 291,
relating to effective date of amendment. Sec. 1001(a)(5) of Public Law
106-36 (113 Stat. 130), struck out a reference to sec. 407(c)(2) and
inserted in lieu thereof ``2437(c)(2)''.
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(1) the days on which either House is not in session
because of an adjournment of more than 3 days to a day
certain or an adjournment of the Congress sine die, and
(2) any Saturday and Sunday, not excluded under
paragraph (1), when either House is not in session.
Chapter 6--Congressional Liaison and Reports
SEC. 161.\124\ CONGRESSIONAL ADVISERS FOR TRADE POLICY AND
NEGOTIATIONS.
(a) Selection.--
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\124\ 19 U.S.C. 2211. Sec. 1632 of the Omnibus Trade and
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1269)
amended and restated sec. 161.
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(1) At the beginning of each regular session of
Congress, the Speaker of the House of Representatives,
upon the recommendation of the chairman of the
Committee on Ways and Means, shall select 5 members
(not more than 3 of whom are members of the same
political party) of such committee, and the President
pro tempore of the Senate, upon the recommendation of
the chairman of the Committee on Finance, shall select
5 members (not more than 3 of whom are members of the
same political party) of such committee, who shall be
designated congressional advisers on trade policy and
negotiations. They shall provide advice on the
development of trade policy and priorities for the
implementation thereof. They shall also be accredited
by the United States Trade Representative on behalf of
the President as official advisers to the United States
delegations to international conferences, meetings, and
negotiating sessions relating to trade agreements.
(2)(A) In addition to the advisers designated under
paragraph (1) from the Committee on Ways and Means and
the Committee on Finance--
(i) the Speaker of the House may select
additional members of the House, for
designation as congressional advisers regarding
specific trade policy matters or negotiations,
from any other committee of the House or joint
committee of Congress that has jurisdiction
over legislation likely to be affected by such
matters or negotiations; and
(ii) the President pro tempore of the Senate
may select additional members of the Senate,
for designation as congressional advisers
regarding specific trade policy matters or
negotiations, from any other committee of the
Senate or joint committee of Congress that has
jurisdiction over legislation likely to be
affected by such matters or negotiations.
Members of the House and Senate selected as
congressional advisers under this subparagraph shall be
accredited by the United States Trade Representative.
(B) Before designating any member under subparagraph
(A), the Speaker or the President pro tempore shall
consult with--
(i) the chairman and ranking member of the
Committee on Ways and Means or the Committee on
Finance, as appropriate; and
(ii) the chairman and ranking minority member
of the committee from which the member will be
selected.
(C) Not more than 3 members (not more than 2 of whom
are members of the same political party) may be
selected under this paragraph as advisers from any
committee of Congress.
(b) Briefing.--
(1) The United States Trade Representative shall keep
each official adviser designated under subsection
(a)(1) currently informed on matters affecting the
trade policy of the United States and, with respect to
possible agreements, negotiating objectives, the status
of negotiations in progress, and the nature of any
changes in domestic law or the administration thereof
which may be recommended to Congress to carry out any
trade agreement or any requirement of, amendment to, or
recommendation under, such agreement.
(2) The United States Trade Representative shall keep
each official adviser designated under subsection
(a)(2) currently informed regarding the trade policy
matters and negotiations with respect to which the
adviser is designated.
(3)(A) The chairmen of the Committee on Ways and
Means and the Committee on Finance may designate
members (in addition to the official advisers under
subsection (a)(1)) and staff members of their
respective committees who shall have access to the
information provided to official advisers under
paragraph (1).
(B) The Chairman of any committee of the House or
Senate or any joint committee of Congress from which
official advisers are selected under subsection (a)(2)
may designate other members of such committee, and
staff members of such committee, who shall have access
to the information provided to official advisers under
paragraph (2).
(c) Committee Consultation.--The United States Trade
Representative shall consult on a continuing basis with the
Committee on Ways and Means of the House of Representatives,
the Committee on Finance of the Senate, and the other
appropriate committees of the House and Senate on the
development, implementation, and administration of overall
trade policy of the United States. Such consultations shall
include, but are not limited to, the following elements of such
policy:
(1) The principal multilateral and bilateral
negotiating objectives and the progress being made
toward their achievement.
(2) The implementation, administration, and
effectiveness of recently concluded multilateral and
bilateral trade agreements and resolution of trade
disputes.
(3) The actions taken, and proposed to be taken,
under the trade laws of the United States and the
effectiveness, or anticipated effectiveness, of such
actions in achieving trade policy objectives.
(4) The important developments and issues in other
areas of trade for which there must be developed proper
policy response.
When necessary, meetings shall be held with each Committee in
executive session to review matters under negotiation.
SEC. 162.\125\ TRANSMISSION OF AGREEMENTS TO CONGRESS.
(a) As soon as practicable after agreement entered into
under \126\ section 123 or 124 or under section 2103 of the
Bipartisan Trade Promotion Authority Act of 2002 \126\ has
entered into force with respect to the United States, the
President shall, if he has not previously done so, transmit a
copy of such trade agreement to each House of the Congress
together with a statement, in the light of the advice of the
International Trade Commission under section 131(b), if any,
and of the other relevant considerations, of his reasons for
entering into the agreement.
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\125\ 19 U.S.C. 2212.
\126\ Sec. 9001(a)(10) of the Technical and Miscellaneous Revenue
Act of 1988 (Public Law 100-647; 102 Stat. 3342) amended subsec. (a) by
striking ``chapter 1 or'' which previously appeared before ``sec 123'';
and by inserting the text ``or under section 1102 of the Omnibus Trade
and Competitiveness Act of 1988''. Sec. 2110(a)(6) of the Bipartisan
Trade Promotion Authority Act of 2002 (title XXI of Public Law 107-210;
116 Stat. 1020) subsequently struck ``section 1102 of the Omnibus Trade
and Competitiveness Act of 1988'' and inserted in lieu thereof
``section 2103 of the Bipartisan Trade Promotion Authority Act of
2002''.
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(b) The President shall transmit to each Member of the
Congress a summary of the information required to be
transmitted to each House under subsection (a). For purposes of
this subsection, the term ``Member'' includes any Delegate or
Resident Commissioner.
SEC. 163.\127\ REPORTS.
(a) Annual Report on Trade Agreements Program and National
Trade Policy Agenda.--
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\127\ 19 U.S.C. 2213. Sec. 1641 of the Omnibus Trade and
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1271)
amended and restated sec. 163.
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(1) The President shall submit to the Congress during
each calendar year (but not later than March 1 of that
year) a report on--
(A) the operation of the trade agreements
program, and the provision of import relief and
adjustment assistance to workers and firms,
under this Act during the preceding calendar
year; and
(B) the national trade policy agenda for the
year in which the report is submitted.
(2) The report shall include, with respect to the
matters referred to in paragraph (1)(A), information
regarding--
(A) new trade negotiations;
(B) changes made in duties and nontariff
barriers and other distortions of trade of the
United States;
(C) reciprocal concessions obtained;
(D) changes in trade agreements (including
the incorporation therein of actions taken for
import relief and compensation provided
therefor);
(E) the extension or withdrawal of
nondiscriminatory treatment by the United
States with respect to the products of foreign
countries;
(F) the extension, modification, withdrawal,
suspension, or limitation of preferential
treatment to exports of developing countries;
(G) the results of actions to obtain the
removal of foreign trade restrictions
(including discriminatory restrictions) against
United States exports and the removal of
foreign practices which discriminate against
United States service industries (including
transportation and tourism) and investment;
(H) the measures being taken to seek the
removal of other significant foreign import
restrictions;
(I) each of the referrals made under section
141(d)(1)(B) and any action taken with respect
to such referral;
(J) other information relating to the trade
agreements program and to the agreements
entered into thereunder; and
(K) the number of applications filed for
adjustment assistance for workers and firms,
the number of such applications which were
approved, and the extent to which adjustment
assistance has been provided under such
approved applications.
(3)(A) The national trade policy agenda required
under paragraph (1)(B) for the year in which a report
is submitted shall be in the form of a statement of--
(i) the trade policy objectives and
priorities of the United States for the year,
and the reasons therefor;
(ii) the actions proposed, or anticipated, to
be undertaken during the year to achieve such
objectives and priorities, including, but not
limited to, actions authorized under the trade
laws and negotiations with foreign countries;
(iii) any proposed legislation necessary or
appropriate to achieve any of such objectives
or priorities; and
(iv) the progress that was made during the
preceding year in achieving the trade policy
objectives and priorities included in the
statement provided for that year under this
paragraph.
(B) The President may separately submit any
information referred to in subparagraph (A) to the
Congress in confidence if the President considers
confidentiality appropriate.
(C) Before submitting the national trade policy
agenda for any year, the President shall seek advice
from the appropriate advisory committees established
under section 135 and shall consult with the
appropriate committees of the Congress.
(D) The United States Trade Representative (hereafter
referred to in this section as the `Trade
Representative') and other appropriate officials of the
United States Government shall consult periodically
with the appropriate committees of the Congress
regarding the annual objectives and priorities set
forth in each national trade policy agenda with respect
to--
(i) the status and results of the actions
that have been undertaken to achieve the
objectives and priorities; and
(ii) any development which may require, or
result in, changes to any of such objectives or
priorities.
(b) Annual Trade Projection Report.--
(1) In order for the Congress to be informed of the
impact of foreign trade barriers and macroeconomic
factors on the balance of trade of the United States,
the Trade Representative and the Secretary of the
Treasury shall jointly prepare and submit to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives
(hereafter referred to in this subsection as the
`Committees') on or before March 1 of each year a
report which consists of--
(A) a review and analysis of--
(i) the merchandise balance of trade,
(ii) the goods and services balance
of trade,
(iii) the balance on the current
account,
(iv) the external debt position,
(v) the exchange rates,
(vi) the economic growth rates,
(vii) the deficit or surplus in the
fiscal budget, and
(viii) the impact on United States
trade of market barriers and other
unfair practices,
of countries that are major trading partners of
the United States, including, as appropriate,
groupings of such countries;
(B) projections for each of the economic
factors described in subparagraph (A) (except
those described in clauses (v) and (viii)) for
each of the countries and groups of countries
referred to in subparagraph (A) for the year in
which the report is submitted and for the
succeeding year; and
(C) conclusions and recommendations, based
upon the projections referred to in
subparagraph (B), for policy changes, including
trade policy, exchange rate policy, fiscal
policy, and other policies that should be
implemented to improve the outlook.
(2) To the extent that subjects referred to in
paragraph (1) (A), (B), or (C) are covered in the
national trade policy agenda required under subsection
(a)(1)(B) or in other reports required by this Act or
other law, the Trade Representative and the Secretary
of the Treasury may, as appropriate, draw on the
information, analysis, and conclusions, if any, in
those reports for the purposes of preparing the report
required by this subsection.
(3) The Trade Representative and the Secretary of the
Treasury shall consult with the Chairman of the Board
of Governors of the Federal Reserve System in the
preparation of each report required under this
subsection.
(4) The Trade Representative and the Secretary of the
Treasury may separately submit any information,
analysis, or conclusion referred to in paragraph (1) to
the Committees in confidence if the Trade
Representative and the Secretary consider
confidentiality appropriate.
(5) After submission of each report required under
paragraph (1), the Trade Representative and the
Secretary of the Treasury shall consult with each of
the Committees with respect to the report.
(c) ITC Reports.--The United States International Trade
Commission shall submit to the Congress, at least once a year,
a factual report on the operation of the trade agreements
program.
Chapter 7--United States International Trade Commission \128\
SEC. 171.\129\ CHANGE OF NAME OF TARIFF COMMISSION.
(a) The United States Tariff Commission (established by
section 330 of the Tariff Act of 1930) is renamed as the United
States International Trade Commission.
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\128\ For the most part, ch. 7 contained amendments to secs. 330
through 333 of the Tariff Act of 1930. For the text of these amendments
and other material relating to the U.S. International Trade Commission,
see page 423.
\129\ 19 U.S.C. 2231.
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(b) Any reference in any law of the United States, or in
any order, rule, regulation, or other document, to the United
States Tariff Commission (or the Tariff Commission) shall be
considered to refer to the United States International Trade
Commission.
* * * * * * *
SEC. 175.\130\ INDEPENDENT BUDGET AND AUTHORIZATION OF APPROPRIATIONS.
(a)(1) Effective with respect to the fiscal year beginning
October 1, 1976, for purposes of the Budget and Accounting Act,
1921 (31 U.S.C. 1 et seq.), estimated expenditures and proposed
appropriations for the United States International Trade
Commission shall be transmitted to the President on or before
October 15 of the year preceding the beginning of each fiscal
year and shall be included by him in the Budget without
revision, and the Commission shall not be considered to be a
department or establishment for purposes of such Act.
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\130\ 19 U.S.C. 2232.
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(2) * * *
(b) * * *
(c)(1) Paragraph (2) is enacted as an exercise of the
rulemaking power of the Senate and with full recognition of the
constitutional right of the Senate to change its rules at any
time.
(2) Paragraph 6(a) of rule XVI of the Standing Rules of the
Senate is amended by adding at the end of the table contained
therein the following:
``COMMITTEE ON FINANCE .................... FOR THE INTERNATIONAL TRADE
COMMISSION.''.
Chapter 8--Identification of Market Barriers and Certain Unfair Trade
Actions \131\
SEC. 181.\132\,\133\ ESTIMATES OF \134\ BARRIERS TO MARKET
ACCESS.
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\131\ Sec. 1303(c)(1) of Public Law 100-418 (102 Stat. 1181)
amended the heading for ch. 8 which formerly read ``Barriers to Market
Access''.
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(a) National Trade Estimates.--
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\132\ 19 U.S.C. 2241. Sec. 303(a) of Public Law 98-573 (98 Stat.
3001) added sec. 181.
Sec. 302 of the United States-Hong Kong Policy Act of 1992 (Public
Law 102-383; 106 Stat. 1454) required the report mandated by this
section to meet the following condition: ``Whenever a report is
transmitted to the Congress on a country-by-country basis there shall
be included in such report, where applicable, a separate subreport on
Hong Kong under the heading of the state that exercises sovereignty
over Hong Kong.''.
\133\ See secs. 1203 through 1206 of Public Law 105-277 (19 U.S.C.
2241 note) relating to trade barriers and the Internet on page 667.
\134\ Sec. 1304(a)(10) of Public Law 100-418 (102 Stat. 1182)
struck out ``actions concerning'' in the section heading and inserted
in lieu thereof ``estimates of''.
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(1) In general.--For calendar year 1988, and for each
succeeding calendar year,\135\ the United States Trade
Representative, through the interagency trade
organization established pursuant to section 242(a) of
the Trade Expansion Act of 1962, and with the
assistance of the interagency advisory committee
established under section 141(d)(2),\135\ shall--
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\135\ Sec. 1304(a)(1) of Public Law 100-418 (102 Stat. 1181) struck
out ``Not later than the date on which the initial report is required
under subsection (b)(1),'' and inserted in lieu thereof ``For each
calendar year 1988, and for each succeeding calendar year,''. Sec.
1304(a)(9) of that Act added the phrase ``and with the assistance of
the interagency advisory committee established under section
141(d)(2),''.
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(A) identify and analyze acts, polices, or
practices of each foreign country \136\ which
constitute significant barriers to, or
distortions of--
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\136\ Sec. 1304(a)(2) of Public Law 100-418 (102 Stat. 1181)
inserted ``of each foreign country''. Sec. 1304(a) also amended sec.
181(a) by striking out ``and'' at the end of subsec. (a)(1)(A)(ii); by
striking out the period at the end of subsec. (a)(1)(B) and inserting
in lieu thereof ``; and''; and by adding at the end of subsec. (a)(1) a
new subpara. (C).
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(i) United States exports of goods or
services (including agricultural
commodities; and property protected by
trademarks, patents, and copyrights
exported or licensed by United States
persons),\137\
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\137\ Sec. 1202(1)(A)(i) of Public Law 105-277 (112 Stat 2681-726)
struck out ``and'' at the end of clause (i).
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(ii) foreign direct investment by
United States persons, especially if
such investment has implications for
trade in goods or services; and \138\
---------------------------------------------------------------------------
\138\ Sec. 1202(1)(A)(ii) of Public Law 105-277 (112 Stat 2681-726)
inserted ``and'' at the end of clause (ii).
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(iii) United States electronic
commerce,\139\
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\139\ Sec. 1202(1)(A)(iii) of Public Law 105-277 (112 Stat 2681-
727) inserted clause (iii).
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(B) make an estimate of the trade-distorting
impact on United States commerce of any act,
policy, or practice identified under
subparagraph (A); and \124\
(C) \124\ make an estimate, if feasible, of--
(i) the value of additional goods and
services of the United States,
(ii) the value of additional foreign
direct investment by United States
persons, and
(iii) the value of additional United
States electronic commerce,
that would have been exported to, or invested
in, or transacted with,\140\ each foreign
country during such calendar year if each of
such acts, policies, and practices of such
country did not exist.
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\140\ Sec. 1202 of Public Law 105-277 (112 Stat. 2681-726) inserted
``or transacted with'' after ``or invested in''.
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(2) Certain factors taken into account in making
analysis and estimate.--In making any analysis or
estimate under paragraph (1), the Trade Representative
shall take into account--
(A) the relative impact of the act, policy,
or practice on United States commerce;
(B) the availability of information to
document prices, market shares, and other
matters necessary to demonstrate the effects of
the act, policy, or practice;
(C) the extent to which such act, policy, or
practice is subject to international agreements
to which the United States is a party; \141\
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\141\ Sec. 1304(a) of Public Law 100-418 (102 Stat. 1181) struck
out ``and'' at the end of subsec. (a)(2)(C); struck out the period at
the end of subsec. (a)(2)(D) and inserted in lieu thereof ``; and'';
and added a new subpara. (E) at the end of subsec. (a)(2).
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(D) any advice given through appropriate
committees established pursuant to section 135;
and \129\
(E) \129\ the actual increase in--
(i) the value of goods and services
of the United States exported to,
(ii) the value of foreign direct
investment made in, the foreign country
during the calendar year for which the
estimate under paragraph (1)(C) is
made, and
(iii) the value of electronic
commerce transacted with,\142\
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\142\ Sec. 1202 of Public Law 105-277 (112 Stat. 2681-726) struck
out ``and'' at the end of clause (i), inserted ``and'' at the end of
clause (ii), and inserted clause (iii).
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(3) Annual revisions and updates.--The Trade
Representative shall annually revise and update the
analysis and estimate under paragraph (1).
(b) Report to Congress.--
(1) \143\ On or before April 30, 1989, and on or
before March 31 of each succeeding calendar year, the
Trade Representative shall submit a report on the
analysis and estimates made under subsection (a) for
the calendar year preceding such calendar year (which
shall be known as the ``National Trade Estimate'') to
the President, the Committee on Finance of the Senate,
and appropriate committees of the House of
Representatives.
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\143\ Sec. 1304(b) of Public Law 100-418 (102 Stat. 1182) amended
para. (1), which previously read as follows:
``(1) In general.--On or before the date which is one year after
the date of the enactment of the International Trade and Investment
Act, and each year thereafter, the Trade Representative shall submit
the analysis and estimate under subsection (a) to the Committee on Ways
and Means of the House of Representatives.''.
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(2) Reports to include information with respect to
action being taken.--The Trade Representative shall
include in each report submitted under paragraph (1)
information with respect to any action taken (or the
reasons for no action taken) to eliminate any act,
policy, or practice identified under subsection (a),
including, but not limited to--
(A) any action under section 301,\144\
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\144\ Sec. 311(a)(1) of Public Law 103-465 (108 Stat. 4938) struck
out ``or'' at the end of subpara. (A), inserted ``, or'' in lieu of a
period at the end of subpara. (B), and added a new subpara. (C).
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(B) negotiations or consultations with
foreign governments, or
(C) \144\ a section on foreign
anticompetitive practices, the toleration of
which by foreign governments is adversely
affecting exports of United States goods and
services.
(3) Consultation with congress on trade policy
priorities.--The Trade Representative shall keep the
committees described in paragraph (1) currently
informed with respect to trade policy priorities for
the purposes of expanding market opportunities. After
the submission of the report required by paragraph (1),
the Trade Representative shall also consult
periodically with, and take into account the views of,
the committees described in that paragraph regarding
mans to address the foreign trade barriers identified
in the report, including the possible initiation of
investigations under section 302 or other trade
actions.\145\
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\145\ Sec. 312 of Public Law 103-465 (108 Stat. 4938) added this
sentence.
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(c) Assistance of Other Agencies.--
(1) Furnishing of information.--The head of each
department or agency of the executive branch of the
Government, including any independent agency, is
authorized and directed to furnish to the Trade
Representative or to the appropriate agency, upon
request, such data, reports, and other information as
is necessary for the Trade Representative to carry out
his functions under this section. In preparing the
section of the report required by subsection (b)(2)(C),
the Trade Representative shall consult in particular
with the Attorney General.\146\
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\146\ Sec. 311(a)(2) of Public Law 103-465 (108 Stat. 4938) added
this sentence.
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(2) Restrictions on release or use of information.--
Nothing in this subsection shall authorize the release
of information to, or the use of information by, the
Trade Representative in a manner inconsistent with law
or any procedure established pursuant thereto.
(3) Personnel and services.--The head of any
department, agency, or instrumentality of the United
States may detail such personnel and may furnish such
services, with or without reimbursement, as the Trade
Representative may request to assist in carrying out
his functions.
(d) \147\ Electronic Commerce.--For purposes of this
section, the term ``electronic commerce'' has the meaning given
that term in section 1104(3) of the Internet Tax Freedom Act.
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\147\ Sec. 1202 of Public Law 105-277 (112 Stat. 2681-727) inserted
subsec. (d).
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SEC. 182.\148\ IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE
PROTECTION, OR MARKET ACCESS, FOR INTELLECTUAL
PROPERTY RIGHTS.
(a) In General.--By no later than the date that is 30 days
after the date on which the annual report is submitted to
Congressional committees under section 181(b), the United
States Trade Representative (hereafter in this section referred
to as the ``Trade Representative'') shall identify--
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\148\ 19 U.S.C. 2242. Sec. 1303(b) of Public Law 100-418 (102 Stat.
1179) added sec. 182.
Sec. 852 of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189; 103 Stat. 1517), as amended by
Public Law 101-510 (104 Stat. 1668), provided the following:
---------------------------------------------------------------------------
``procurement from countries that deny adequate and effective protection of
intellectual property rights
---------------------------------------------------------------------------
``(a) Sense of Congress.--It is the sense of Congress that it
should be a very important consideration in the procurement of
property, services, or technology by the Department of Defense whether
such procurement is from any person or any country which has been
identified by the United States Trade Representative, on the advice of
the Commissioner of Patents and Trademarks in the Department of
Commerce and the Register of Copyrights, pursuant to section 182(a)(2)
of the Trade Act of 1974 (19 U.S.C. 2242) as denying adequate and
effective market access to United States persons that rely upon
intellectual property protection.''.
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(1) those foreign countries that--
(A) deny adequate and effective protection of
intellectual property rights, or
(B) deny fair and equitable market access to
United States persons that rely upon
intellectual property protection, and
(2) those foreign countries identified under
paragraph (1) that are determined by the Trade
Representative to be priority foreign countries.\149\
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\149\ In an annual notice published on May 13, 2005 (70 F.R.
25645), the United States Trade Representative identified 52 trading
partners that as of April 29, 2005 denied ``adequate and effective
protection of intellectual property or deny fair and equitable market
access to United States artists and industries that rely upon
intellectual property protection.'' In addition, the notice announced
the results of the out-of-cycle review for China, stating that a
multiple element determination had been made. Ukraine was identified as
a ``Priority Foreign Country'', and Paraguay was designated for
``Section 306 monitoring'' under the 2004 Memorandum of Understanding
regarding intellectual property agreements.
Fourteen trading partners were placed on the ``Priority Watch
List'': Argentina, Brazil, China, Egypt, India, Indonesia, Israel,
Kuwait, Lebanon, Pakistan, the Philippines, Russia, Turkey, and
Venezuela. Thirty-six countries were placed on the special 301 ``Watch
List'': Azerbaijan, Bahamas, Belarus, Belize, Bolivia, Bulgaria,
Canada, Chile, Colombia, Costa Rica, Croatia, Dominican Republic,
Ecuador, European Union, Guatemala, Hungary, Italy, Jamaica,
Kazakhstan, Republic of Korea, Latvia, Lithuania, Malaysia, Mexico,
Peru, Poland, Romania, Saudi Arabia, Slovakia, Taiwan, Tajikistan,
Thailand, Turkmenistan, Uruguay, Uzbekistan, and Vietnam. Out-of-cycle
reviews will also be conducted for Canada, Indonesia, the Philippines,
Russia, Saudi Arabia, and Ukraine.
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(b) Special Rules for Identifications.--
(1) In identifying priority foreign countries under
subsection (a)(2), the Trade Representative shall only
identify those foreign countries--
(A) that have the most onerous or egregious
acts, policies, or practices that--
(i) deny adequate and effective
intellectual property rights, or
(ii) deny fair and equitable market
access to United States persons that
rely upon intellectual property
protection,
(B) whose acts, policies, or practices
described in subparagraph (A) have the greatest
adverse impact (actual or potential) on the
relevant United States products, and
(C) that are not--
(i) entering into good faith
negotiations, or
(ii) making significant progress in
bilateral or multilateral negotiations,
to provide adequate and effective protection of
intellectual property rights.
(2) In identifying priority foreign countries under
subsection (a)(2), the Trade Representative shall--
(A) consult with the Register of Copyrights,
the Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office,\150\
other appropriate officers of the Federal
Government, and
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\150\ Sec. 4732(b)(8) of Public Law 106-113 (113 Stat. 1501A-584)
struck out ``Commissioner of Patents and Trademarks'' in sec.
182(b)(2)(A) and inserted in lieu thereof ``Under Secretary of Commerce
for Intellectual Property and Director of the United States Patent and
Trademark Office''.
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(B) take into account information from such
sources as may be available to the Trade
Representative and such information as may be
submitted to the Trade Representative by
interested persons, including information
contained in reports submitted under section
181(b) and petitions submitted under section
302.
(3) The Trade Representative may identify a foreign
country under subsection (a)(1)(B) only if the Trade
Representative finds that there is a factual basis for
the denial of fair and equitable market access as a
result of the violation of international law or
agreement, or the existence of barriers, referred to in
subsection (d)(3).
(4) \151\ In identifying foreign countries under
paragraphs (1) and (2) of subsection (a), the Trade
Representative shall take into account--
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\151\ Sec. 313(1) of Public Law 103-465 (108 Stat. 4938) added
para. (4).
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(A) the history of intellectual property laws
and practices of the foreign country, including
any previous identifications under subsection
(a)(2), and
(B) the history of efforts of the United
States, and the response of the foreign
country, to achieve adequate and effective
protection and enforcement of intellectual
property rights.
(c) Revocations and Additional Identifications.--
(1) The Trade Representative may at any time--
(A) revoke the identification of any foreign
country as a priority foreign country under
this section, or
(B) identify any foreign country as a
priority foreign country under this section,
if information available to the Trade Representative
indicates that such action is appropriate.
(2) The Trade Representative shall include in the
semiannual report submitted to the Congress under
section 309(3) a detailed explanation of the reasons
for the revocation under paragraph (1) of the
identification of any foreign country as a priority
foreign country under this section.
(d) Definitions.--For purposes of this section--
(1) The term ``persons that rely upon intellectual
property protection'' means persons involved in--
(A) the creation, production or licensing of
works of authorship (within the meaning of
sections 102 and 103 of title 17, United States
Code) that are copyrighted, or
(B) the manufacture of products that are
patented or for which there are process
patents.
(2) A foreign country denies adequate and effective
protection of intellectual property rights if the
foreign country denies adequate and effective means
under the laws of the foreign country for persons who
are not citizens or nationals of such foreign country
to secure, exercise, and enforce rights relating to
patents, process patents, registered trademarks,
copyrights and mask works.
(3) \152\ A foreign country denies fair and equitable
market access if the foreign country effectively denies
access to a market for a product protected by a
copyright or related right, patent, trademark, mask
work, trade secret, or plant breeder's right, through
the use of laws, procedures, practices, or regulations
which--
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\152\ Sec. 313(2)(A) of Public Law 103-465 (108 Stat. 4939) amended
and restated para. (3), which previously read as follows:
``(3) A foreign country denies fair and equitable market access if
the foreign country effectively denies access to a market for a product
protected by a copyright, patent, or process patent through the use of
laws, procedures, practices, or regulations which--''.
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(A) violate provisions of international law
or international agreements to which both the
United States and the foreign country are
parties, or
(B) constitute discriminatory nontariff trade
barriers.
(4) \153\ A foreign country may be determined to deny
adequate and effective protection of intellectual
property rights, notwithstanding the fact that the
foreign country may be in compliance with the specific
obligations of the Agreement on Trade-Related Aspects
of Intellectual Property Rights referred to in section
101(d)(15) of the Uruguay Round Agreements Act.
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\153\ Sec. 313(2)(B) of Public Law 103-465 (108 Stat. 4939) added
para. (4).
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(e) Publication.--The Trade Representative shall publish in
the Federal Register a list of foreign countries identified
under subsection (a) and shall make such revisions to the list
as may be required by reason of action under subsection (c).
(f) \154\ Special Rule for Actions Affecting United States
Cultural Industries.--
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\154\ Sec. 513 of the NAFTA Implementation Act (Public Law 103-182;
107 Stat. 2156) added subsec. (f).
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(1) In general.--By no later than the date that is 30
days after the date on which the annual report is
submitted to Congressional committees under section
181(b), the Trade Representative shall identify any
act, policy, or practice of Canada which--
(A) affects cultural industries,
(B) is adopted or expanded after December 17,
1992, and
(C) is actionable under article 2106 of the
North American Free Trade Agreement.
(2) Special rules for identifications.--For purposes
of section 302(b)(2)(A), an act, policy, or practice
identified under this subsection shall be treated as an
act, policy, or practice that is the basis for
identification of a country under subsection (a)(2),
unless the United States has already taken action
pursuant to article 2106 of the North American Free
Trade Agreement in response to such act, policy, or
practice. In deciding whether to identify an act,
policy, or practice under paragraph (1), the Trade
Representative shall--
(A) consult with and take into account the
views of representatives of the relevant
domestic industries, appropriate committees
established pursuant to section 135, and
appropriate officers of the Federal Government,
and
(B) take into account the information from
such sources as may be available to the Trade
Representative and such information as may be
submitted to the Trade Representative by
interested persons, including information
contained in reports submitted under section
181(b).
(3) Cultural industries.--For purposes of this
subsection, the term `cultural industries' means
persons engaged in any of the following activities:
(A) The publication, distribution, or sale of
books, magazines, periodicals, or newspapers in
print or machine readable form but not
including the sole activity of printing or
typesetting any of the foregoing.
(B) The production, distribution, sale, or
exhibition of film or video recordings.
(C) The production, distribution, sale, or
exhibition of audio or video music recordings.
(D) The publication, distribution, or sale of
music in print or machine readable form.
(E) Radio communications in which the
transmissions are intended for direct reception
by the general public, and all radio,
television, and cable broadcasting undertakings
and all satellite programming and broadcast
network services.
(g) \155\ Annual Report.--The Trade Representative shall,
by not later than the date by which countries are identified
under subsection (a), transmit to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate, a report on actions taken under this
section during the 12 months preceding such report, and the
reasons for such actions, including a description of progress
made in achieving improved intellectual property protection and
market access for persons relying on intellectual property
rights.
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\155\ Sec. 313(3) of Public Law 103-465 (108 Stat. 4939) added
subsec. (g).
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TITLE II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
Chapter 1--Positive Adjustment by Industries Injured by Imports \156\
SEC. 201.\157\ ACTION TO FACILITATE POSITIVE ADJUSTMENT TO IMPORT
COMPETITION.
(a) Presidential Action.--If the United States International
Trade Commission (hereinafter referred to in this chapter as
the ``Commission'') determines under section 202(b) that an
article is being imported into the United States in such
increased quantities as to be a substantial cause of serious
injury, or the threat thereof, to the domestic industry
producing an article like or directly competitive with the
imported article, the President, in accordance with this
chapter, shall take all appropriate and feasible action within
his power which the President determines will facilitate
efforts by the domestic industry to make a positive adjustment
to import competition and provide greater economic and social
benefits than costs.
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\156\ Sec. 1401(a) of Public Law 100-418 (102 Stat. 1225) amended
and restated ch. 1 of title II and added new secs. 201 through 204. In
addition, sec. 1401(c) of that Act stated the following:
``(c) Effective Date.--The amendments made by subsections (a) and
(b) shall take effect on the date of the enactment of this Act and
shall apply with respect to investigations initiated under chapter 1 of
title II of the Trade Act of 1974 on or after that date. Any petition
filed under section 201 of such chapter before such date of enactment,
and with respect to which the United States International Trade
Commission did not make a finding before such date with respect to
serious injury or the threat thereof, may be withdrawn and refiled,
without prejudice, by the petitioner under section 202(a) of such
chapter (as amended by this section).''.
\157\ 19 U.S.C. 2251.
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(b) Positive Adjustment to Import Competition.--
(1) For purposes of this chapter, a positive
adjustment to import competition occurs when--
(A) the domestic industry--
(i) is able to compete successfully
with imports after actions taken under
section 204 terminate, or
(ii) the domestic industry
experiences an orderly transfer of
resources to other productive pursuits;
and
(B) dislocated workers in the industry
experience an orderly transition to productive
pursuits.
(2) The domestic industry may be considered to have
made a positive adjustment to import competition even
though the industry is not of the same size and
composition as the industry at the time the
investigation was initiated under section 202(b).
SEC. 202.\158\ INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDATIONS BY
COMMISSION.
(a) Petitions and Adjustment Plans.--
---------------------------------------------------------------------------
\158\ 19 U.S.C. 2252.
---------------------------------------------------------------------------
(1) A petition requesting action under this chapter
for the purpose of facilitating positive adjustment to
import competition may be filed with the Commission by
an entity, including a trade association, firm,
certified or recognized union, or group of workers,
which is representative of an industry.
(2) A petition under paragraph (1)--
(A) shall include a statement describing the
specific purposes for which action is being
sought, which may include facilitating the
orderly transfer of resources to more
productive pursuits, enhancing competitiveness,
or other means of adjustment to new conditions
of competition; and
(B) may--
(i) subject to subsection
(d)(1)(C)(i), request provisional
relief under subsection (d)(1); or
(ii) request \159\ provisional relief
under subsection (d)(2).
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\159\ Sec. 303(1) of Public Law 103-465 (108 Stat. 4937) struck out
``, or at any time before the 150th day after the date of filing be
amended to request,'' after ``request''.
---------------------------------------------------------------------------
(3) Whenever a petition is filed under paragraph (1),
the Commission shall promptly transmit copies of the
petition to the Office of the United States Trade
Representative and other Federal agencies directly
concerned.
(4) A petitioner under paragraph (1) may submit to
the Commission and the United States Trade
Representative (hereafter in this chapter referred to
as the ``Trade Representative''), either with the
petition, or at any time within 120 days after the date
of filing of the petition, a plan to facilitate
positive adjustment to import competition.
(5)(A) Before submitting an adjustment plan under
paragraph (4), the petitioner and other entities
referred to in paragraph (1) that wish to participate
may consult with the Trade Representative and the
officers and employees of any Federal agency that is
considered appropriate by the Trade Representative, for
purposes of evaluating the adequacy of the proposals
being considered for inclusion in the plan in relation
to specific actions that may be taken under this
chapter.
(B) A request for any consultation under subparagraph
(A) must be made to the Trade Representative. Upon
receiving such a request, the Trade Representative
shall confer with the petitioner and provide such
assistance, including publication of appropriate notice
in the Federal Register, as may be practicable in
obtaining other participants in the consultation. No
consultation may occur under subparagraph (A) unless
the Trade Representative, or his delegate, is in
attendance.
(6)(A) In the course of any investigation under
subsection (b), the Commission shall seek information
(on a confidential basis, to the extent appropriate) on
actions being taken, or planned to be taken, or both,
by firms and workers in the industry to make a positive
adjustment to import competition.
(B) Regardless whether an adjustment plan is
submitted under paragraph (4) by the petitioner, if the
Commission makes an affirmative determination under
subsection (b), any--
(i) firm in the domestic industry;
(ii) certified or recognized union or group
of workers in the domestic industry;
(iii) State or local community;
(iv) trade association representing the
domestic industry; or
(v) any other person or group of persons,
may, individually, submit to the Commission commitments
regarding actions such persons and entities intend to
take to facilitate positive adjustment to import
competition.
(7) Nothing in paragraphs (5) and (6) may be
construed to provide immunity under the antitrust laws.
(8) \160\ The procedures concerning the release of
confidential business information set forth in section
332(g) of the Tariff Act of 1930 shall apply with
respect to information received by the Commission in
the course of investigations conducted under this
chapter, part 1 of title III of the North American Free
Trade Agreement Implementation Act, title II of the
United States-Jordan Free Trade Area Implementation
Act, title III of the United States-Chile Free Trade
Agreement Implementation Act, title III of the United
States-Singapore Free Trade Agreement Implementation
Act, title III of the United States-Australia Free
Trade Agreement Implementation Act, title III of the
United States-Morocco Free Trade Agreement
Implementation Act, title III of the Dominican
Republic-Central America-United States Free Trade
Agreement Implementation Act, and title III of the
United States-Bahrain Free Trade Agreement
Implementation Act.\161\ The Commission may request
that parties providing confidential business
information furnish nonconfidential summaries thereof
or, if such parties indicate that the information in
the submission cannot be summarized, the reasons why a
summary cannot be provided. If the Commission finds
that a request for confidentiality is not warranted and
if the party concerned is either unwilling to make the
information public or to authorize its disclosure in
generalized or summarized form, the Commission may
disregard the submission.\162\
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\160\ Sec. 317(b) of the NAFTA Implementation Act (Public Law 103-
182; 107 Stat. 2108) added para. (8).
\161\ Sec. 222 of the United States-Jordan Free Trade Area
Implementation Act (Public Law 107-43; 115 Stat. 250) inserted the
reference to title II of the United States-Jordan Free Trade Area
Implementation Act. Sec. 316 of the United States-Chile Free Trade
Agreement Implementation Act (Public Law 108-77; 117 Stat. 937)
inserted the reference to title III of the United States-Chile Free
Trade Agreement Implementation Act. Sec. 316 of the United States-
Singapore Free Trade Agreement Implementation Act (Public Law 108-78;
117 Stat. 967) inserted the reference to title III of the United
States-Singapore Free Trade Agreement Implementation Act. Sec. 316 of
the United States-Australia Free Trade Agreement Implementation Act
(Public Law 108-286; 118 Stat. 945) inserted the reference to title III
of the United States-Australia Free Trade Agreement Implementation Act.
Sec. 316 of the United States-Morocco Free Trade Agreement
Implementation Act (Public Law 108-302; 118 Stat. 1121) inserted the
reference to title III of the United States-Morocco Free Trade
Agreement Implementation Act. Sec. 316 of the Dominican Republic-
Central America-United States Free Trade Agreement Implementation Act
(Public Law 109-53; 119 Stat. 492) inserted the reference to title III
of the Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act. Sec. 316 of the United States-Bahrain
Free Trade Agreement Implementation Act (Public Law 109-169; 119 Stat.
3597) inserted the reference to title III of the United States-Bahrain
Free Trade Agreement Implementation Act.
\162\ Sec. 301(a) of Public Law 103-465 (108 Stat. 4932) added the
latter two sentences to para. (8).
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(b) Investigations and Determinations by Commission.--
(1)(A) Upon the filing of a petition under subsection
(a),\163\ the request of the President or the Trade
Representative, the resolution of either the Committee
on Ways and Means of the House of Representatives or
the Committee on Finance of the Senate, or on its own
motion, the Commission shall promptly make an
investigation to determine whether an article is being
imported into the United States in such increased
quantities as to be a substantial cause of serious
injury, or the threat thereof, to the domestic industry
producing an article like or directly competitive with
the imported article.
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\163\ Sec. 303(2) of Public Law 103-465 (108 Stat. 4937) struck out
``(b)'' and inserted in lieu thereof ``(a)''.
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(B) For purposes of this section, the term
``substantial cause'' means a cause which is important
and not less than any other cause.
(2)(A) Except as provided in subparagraph (B), the
Commission shall make the determination under paragraph
(1) within 120 days (180 days if the petition alleges
that critical circumstances exist) \164\ after the date
on which the petition is filed, the request or
resolution is received, or the motion is adopted, as
the case may be.
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\164\ Sec. 301(d)(2)(A)(i) of Public Law 103-465 (108 Stat. 4933)
inserted ``(180 days if the petition alleges that critical
circumstances exist)'' after ``120 days''.
---------------------------------------------------------------------------
(B) If before the 100th day after a petition is filed
under subsection (a)(1) the Commission determines that
the investigation is extraordinarily complicated, the
Commission shall make the determination under paragraph
(1) within 150 days (210 days if the petition alleges
that critical circumstances exist) \165\ after the date
referred to in subparagraph (A).
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\165\ Sec. 301(d)(2)(A)(ii) of Public Law 103-465 (108 Stat. 4933)
inserted ``(210 days if the petition alleges that critical
circumstances exist)'' after ``150 days''.
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(3) \166\ The Commission shall publish notice of the
commencement of any proceeding under this subsection in
the Federal Register and shall, within a reasonable
time thereafter, hold public hearings at which the
Commission shall afford interested parties and
consumers an opportunity to be present, to present
evidence, to comment on the adjustment plan, if any,
submitted under subsection (a), to respond to the
presentations of other parties and consumers, and
otherwise to be heard.
---------------------------------------------------------------------------
\166\ Sec. 301(c) of Public Law 103-465 (108 Stat. 4933) struck out
paras. (3) and (4) and inserted in lieu thereof a new para. (3).
---------------------------------------------------------------------------
(c) Factors Applied in Making Determinations.--
(1) In making determinations under subsection (b),
the Commission shall take into account all economic
factors which it considers relevant, including (but not
limited to)--
(A) with respect to serious injury--
(i) the significant idling of
productive facilities in the domestic
industry,
(ii) the inability of a significant
number of firms to carry out domestic
production operations at a reasonable
level of profit, and
(iii) significant unemployment or
underemployment within the domestic
industry;
(B) with respect to threat of serious
injury--
(i) a decline in sales or market
share, a higher and growing inventory
(whether maintained by domestic
producers, importers, wholesalers, or
retailers), and a downward trend in
production, profits, wages,
productivity,\167\ or employment (or
increasing underemployment) in the
domestic industry,
---------------------------------------------------------------------------
\167\ Sec. 301(e)(1) of Public Law 103-465 (108 Stat. 4934)
inserted ``productivity'' after ``wages''.
---------------------------------------------------------------------------
(ii) the extent to which firms in the
domestic industry are unable to
generate adequate capital to finance
the modernization of their domestic
plants and equipment, or are unable to
maintain existing levels of
expenditures for research and
development,
(iii) the extent to which the United
States market is the focal point for
the diversion of exports of the article
concerned by reason of restraints on
exports of such article to, or on
imports of such article into, third
country markets; and
(C) with respect to substantial cause, an
increase in imports (either actual or relative
to domestic production) and a decline in the
proportion of the domestic market supplied by
domestic producers.
(2) In making determinations under subsection (b),
the Commission shall--
(A) consider the condition of the domestic
industry over the course of the relevant
business cycle, but may not aggregate the
causes of declining demand associated with a
recession or economic downturn in the United
States economy into a single cause of serious
injury or threat of injury; and
(B) examine factors other than imports which
may be a cause of serious injury, or threat of
serious injury, to the domestic industry.
The Commission shall include the results of its
examination under subparagraph (B) in the report
submitted by the Commission to the President under
subsection (e).
(3) The presence or absence of any factor which the
Commission is required to evaluate in subparagraphs (A)
and (B) of paragraph (1) is not necessarily dispositive
of whether an article is being imported into the United
States in such increased quantities as to be a
substantial cause of serious injury, or the threat
thereof, to the domestic industry.
(4) For purposes of subsection (b), in determining
the domestic industry producing an article like or
directly competitive with an imported article, the
Commission--
(A) to the extent information is available,
shall, in the case of a domestic producer which
also imports, treat as part of such domestic
industry only its domestic production;
(B) may, in the case of a domestic producer
which produces more than one article, treat as
part of such domestic industry only that
portion or subdivision of the producer which
produces the like or directly competitive
article; and
(C) may, in the case of one or more domestic
producers which produce a like or directly
competitive article in a major geographic area
of the United States and whose production
facilities in such area for such article
constitute a substantial portion of the
domestic industry in the United States and
primarily serve the market in such area, and
where the imports are concentrated in such
area, treat as such domestic industry only that
segment of the production located in such area.
(5) In the course of any proceeding under this
subsection, the Commission shall investigate any factor
which in its judgment may be contributing to increased
imports of the article under investigation. Whenever in
the course of its investigation the Commission has
reason to believe that the increased imports are
attributable in part to circumstances which come within
the purview of subtitles A and B of title VII or
section 337 of the Tariff Act of 1930, or other
remedial provisions of law, the Commission shall
promptly notify the appropriate agency so that such
action may be taken as is otherwise authorized by such
provisions of law.
(6) For purposes of this section: \168\
---------------------------------------------------------------------------
\168\ Sec. 303(5) of Public Law 103-465 (108 Stat. 4937) struck out
``subsection'' and inserted in lieu thereof ``section''.
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(A) \169\ (i) The term ``domestic industry''
means, with respect to an article, the
producers as a whole of the like or directly
competitive article or those producers whose
collective production of the like or directly
competitive article constitutes a major
proportion of the total domestic production of
such article.
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\169\ Sec. 301(e)(2)(A) of Public Law 103-465 (108 Stat. 4934)
amended and restated subpara. (A), which formerly read as follows:
``(A) The term ``domestic industry'' includes producers located in
the United States insular possession.''.
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(ii) The term ``domestic industry'' includes
producers located in the United States insular
possessions.
(B) The term ``significant idling of
productive facilities'' includes the closing of
plants or the underutilization of production
capacity.
(C) \170\ The term ``serious injury'' means a
significant overall impairment in the position
of a domestic industry.
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\170\ Sec. 301(e)(2)(B) of Public Law 103-465 (108 Stat. 4934)
added subparas. (C) and (D).
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(D) \152\ The term ``threat of serious
injury'' means serious injury that is clearly
imminent.
(d) Provisional Relief.--
(1)(A) An entity representing a domestic industry
that produces a perishable agricultural product or
citrus product \158\ that is like or directly
competitive with an imported perishable agricultural
product or citrus product \171\ may file a request with
the Trade Representative for the monitoring of imports
of that product under subparagraph (B). Within 21 days
after receiving the request, the Trade Representative
shall determine if--
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\171\ Sec. 315(1) of the NAFTA Implementation Act (Public Law 103-
182; 107 Stat. 2107) inserted ``or citrus product'' after
``agricultural product'' each place it appears in para. (1)(A).
---------------------------------------------------------------------------
(i) the imported product is a perishable
agricultural product or citrus product; \158\
and
(ii) there is a reasonable indication that
such product is being imported into the United
States in such increased quantities as to be,
or likely to be, a substantial cause of serious
injury, or the threat thereof, to such domestic
industry.
(B) If the determinations under subparagraph (A) (i)
and (ii) are affirmative, the Trade Representative
shall request, under section 332(g) of the Tariff Act
of 1930, the Commission to monitor and investigate the
imports concerned for a period not to exceed 2 years.
The monitoring and investigation may include the
collection and analysis of information that would
expedite an investigation under subsection (b).
(C) If a petition filed under subsection (a)--
(i) alleges injury from imports of a
perishable agricultural product or citrus
product \172\ that has been, on the date the
allegation is included in the petition, subject
to monitoring by the Commission under
subparagraph (B) \173\ for not less than 90
days; and
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\172\ Sec. 315(2) of the NAFTA Implementation Act (Public Law 103-
182; 107 Stat. 2108) inserted ``or citrus product''.
\173\ Sec. 303(3)(A) of Public Law 103-465 (108 Stat. 4937) struck
out ``paragraph (2)'' and inserted in lieu thereof ``subparagraph
(B)''.
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(ii) requests that provisional relief be
provided under this subsection with respect to
such imports;
the Commission shall, not later than the 21st day after
the day on which the request was filed, make a
determination, on the basis of available information,
whether increased imports (either actual or relative to
domestic production) of the perishable agricultural
product or citrus product \172\ are a substantial cause
of serious injury, or the threat thereof, to the
domestic industry producing a like or directly
competitive perishable product or citrus product,\172\
and whether either--
(I) the serious injury is likely to
be difficult to repair by reason of
perishability of the like or directly
competitive agricultural product; or
citrus product \172\ or
(II) the serious injury cannot be
timely prevented through investigation
under subsection (b) and action under
section 203.
(D) At the request of the Commission, the Secretary
of Agriculture shall promptly provide to the Commission
any relevant information that the Department of
Agriculture may have for purposes of making
determinations and findings under this subsection.
(E) Whenever the Commission makes an affirmative
preliminary determination under subparagraph (C), the
Commission shall find the amount or extent of
provisional relief that is necessary to prevent or
remedy the serious injury.\174\ In carrying out this
subparagraph, the Commission shall give preference to
increasing or imposing a duty on imports, if such form
of relief is feasible and would prevent or remedy the
serious injury.\174\
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\174\ Sec. 303(3)(B) of Public Law 103-465 (108 Stat. 4937) struck
out ``or threat thereof'' in subparas. (E) and (G).
---------------------------------------------------------------------------
(F) The Commission shall immediately report to the
President its determination under subparagraph (C) and,
if the determination is affirmative, the finding under
subparagraph (E).
(G) Within 7 days after receiving a report from the
Commission under subparagraph (F) containing an
affirmative determination, the President, if he
considers provisional relief to be warranted and after
taking into account the finding of the Commission under
subparagraph (E), shall proclaim such provisional
relief that the President considers necessary to
prevent or remedy the serious injury.\174\
(2) \175\ (A) When a petition filed under subsection
(a) alleges that critical circumstances exist and
requests that provisional relief be provided under this
subsection with respect to imports of the article
identified in the petition, the Commission shall, not
later than 60 days after the petition containing the
request was filed, determine, on the basis of available
information, whether--
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\175\ Sec. 301(d)(1) of Public Law 103-465 (108 Stat. 4932) amended
and restated para. (2).
---------------------------------------------------------------------------
(i) there is clear evidence that increased
imports (either actual or relative to domestic
production) of the article are a substantial
cause of serious injury, or the threat thereof,
to the domestic industry producing an article
like or directly competitive with the imported
article; and
(ii) delay in taking action under this
chapter would cause damage to that industry
that would be difficult to repair.
(B) If the determinations under subparagraph (A)(i)
and (ii) are affirmative, the Commission shall find the
amount or extent of provisional relief that is
necessary to prevent or remedy the serious injury. In
carrying out this subparagraph, the Commission shall
give preference to increasing or imposing a duty on
imports, if such form of relief is feasible and would
prevent or remedy the serious injury.
(C) The Commission shall immediately report to the
President its determinations under subparagraph (A)(i)
and (ii) and, if the determinations are affirmative,
the finding under subparagraph (B).
(D) Within 30 days after receiving a report from the
Commission under subparagraph (C) containing an
affirmative determination under subparagraph (A)(i) and
(ii), the President, if he considers provisional relief
to be warranted and after taking into account the
finding of the Commission under subparagraph (B), shall
proclaim, for a period not to exceed 200 days, such
provisional relief that the President considers
necessary to prevent or remedy the serious injury. Such
relief shall take the form of an increase in, or the
imposition of, a duty on imports, if such form of
relief is feasible and would prevent or remedy the
serious injury.
(3) If provisional relief is proclaimed under
paragraph (1)(G) or (2)(D) \176\ in the form of an
increase, or the imposition of, a duty, the President
shall order the suspension of liquidation of all
imported articles subject to the affirmative
determination under paragraph (1)(C) or paragraph
(2)(A),\177\ as the case may be, that are entered, or
withdrawn from warehouse for consumption, on or after
the date of the determination.
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\176\ Sec. 301(d)(4)(A)(i) of Public Law 103-465 (108 Stat. 4934)
struck out ``(2)(B)'' and inserted in lieu thereof ``(2)(D)''.
\177\ Sec. 301(d)(4)(A)(ii) of Public Law 103-465 (108 Stat. 4934)
struck out ``subsection (b)(1),'' and inserted in lieu thereof
``paragraph (2)(A)''.
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(4)(A) Any provisional relief implemented under this
subsection with respect to an imported article shall
terminate on the day on which--
(i) if such relief was proclaimed under
paragraph (1)(G) or (2)(D),\178\ the Commission
makes a negative determination under subsection
(b) \179\ regarding injury or the threat
thereof by imports of such article;
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\178\ Sec. 301(d)(4)(B) of Public Law 103-465 (108 Stat. 4934)
inserted ``or (2)(D)'' after ``(1)(G)''.
\179\ Sec. 303(4) of Public Law 103-465 (108 Stat. 4937) struck out
``203(a)'' and inserted in lieu thereof ``202(b)''. Sec. 20(c)(5) of
Public Law 104-295 (110 Stat. 3528) subsequently struck out ``section
202(b)'' and inserted in lieu thereof ``subsection (b)''.
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(ii) action described in section 203(a)(3)
(A) or (C) takes effect under section 203 with
respect to such article;
(iii) a decision by the President not to take
any action under section 203(a) with respect to
such article becomes final; or
(iv) whenever the President determines that,
because of changed circumstances, such relief
is no longer warranted.
(B) Any suspension of liquidation ordered under
paragraph (3) with respect to an imported article shall
terminate on the day on which provisional relief is
terminated under subparagraph (A) with respect to the
article.
(C) If an increase in, or the imposition of, a duty
that is proclaimed under section 203 on an imported
article is different from a duty increase or imposition
that was proclaimed for such an article under this
section, then the entry of any such article for which
liquidation was suspended under paragraph (3) shall be
liquidated at whichever of such rates of duty is lower.
(D) If provisional relief in the form of an increase
in, or the imposition of, a duty is proclaimed under
this section with respect to an imported article and
neither a duty increase nor a duty imposition is
proclaimed under section 203 regarding such article,
the entry of any such article for which liquidation was
suspended under paragraph (3) may be liquidated at the
rate of duty that applied before provisional relief was
provided.
(5) For purposes of this subsection:
(A) \180\ The term ``citrus product'' means
any processed oranges or grapefruit, or any
orange or grapefruit juice including
concentrate.
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\180\ Sec. 315 of the NAFTA Implementation Act (Public Law 103-182;
107 Stat. 2108) redesignated subparas. (A) and (B) as (B) and (C), and
inserted a new subpara. (A).
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(B) \180\ A perishable agricultural product
is any agricultural article, including
livestock, regarding which the Trade
Representative considers action under this
section to be appropriate after taking into
account--
(i) whether the article has--
(I) a short shelf life,
(II) a short growing season,
or
(III) a short marketing
period,
(ii) whether the article is treated
as a perishable product under any other
Federal law or regulation; and
(iii) any other factor considered
appropriate by the Trade
Representative.
The presence or absence of any factor which the
Trade Representative is required to take into
account under clause (i), (ii), or (iii) is not
necessarily dispositive of whether an article
is a perishable agricultural product.
(C) \180\ The term ``provisional relief''
means--
(i) any increase in, or imposition
of, any duty;
(ii) any modification or imposition
of any quantitative restriction on the
importation of an article into the
United States; or
(iii) any combination of actions
under clauses (i) and (ii).
(e) Commission Recommendations.--
(1) If the Commission makes an affirmative
determination under subsection (b)(1), the Commission
shall also recommend the action that would address the
serious injury, or threat thereof, to the domestic
industry and be most effective in facilitating the
efforts of the domestic industry to make a positive
adjustment to import competition.
(2) The Commission is authorized to recommend under
paragraph (1)--
(A) an increase in, or the imposition of, any
duty on the imported article;
(B) a tariff-rate quota on the article;
(C) a modification or imposition of any
quantitative restriction on the importation of
the article into the United States;
(D) one or more appropriate adjustment
measures, including the provision of trade
adjustment assistance under chapter 2; or
(E) any combination of the actions described
in subparagraphs (A) through (D).
(3) The Commission shall specify the type, amount,
and duration of the action recommended by it under
paragraph (1). The limitations set forth in section
203(e) are applicable to the action recommended by the
Commission.
(4) In addition to the recommendation made under
paragraph (1), the Commission may also recommend that
the President--
(A) initiate international negotiations to
address the underlying cause of the increase in
imports of the article or otherwise to
alleviate the injury or threat; or
(B) implement any other action authorized
under law that is likely to facilitate positive
adjustment to import competition.
(5) For purposes of making its recommendation under
this subsection, the Commission shall--
(A) after reasonable notice, hold a public
hearing at which all interested parties shall
be provided an opportunity to present testimony
and evidence; and
(B) take into account--
(i) the form and amount of action
described in paragraph (2) (A), (B),
and (C) that would prevent or remedy
the injury or threat thereof,
(ii) the objectives and actions
specified in the adjustment plan, if
any, submitted under subsection (a)(4),
(iii) any individual commitment that
was submitted to the Commission under
subsection (a)(6),
(iv) any information available to the
Commission concerning the conditions of
competition in domestic and world
markets, and likely developments
affecting such conditions during the
period for which action is being
requested, and
(v) whether international
negotiations may be constructive to
address the injury or threat thereof or
to facilitate adjustment.
(6) Only those members of the Commission who agreed
to the affirmative determination under subsection (b)
are eligible to vote on the recommendation required to
be made under paragraph (1) or that may be made under
paragraph (3). Members of the Commission who did not
agree to the affirmative determination may submit, in
the report required under subsection (f), separate
views regarding what action, if any, should be taken
under section 203.
(f) Report by Commission.--
(1) The Commission shall submit to the President a
report on each investigation undertaken under
subsection (b). The report shall be submitted at the
earliest practicable time, but not later than 180 days
(240 days if the petition alleges that critical
circumstances exist) \181\ after the date on which the
petition is filed, the request or resolution is
received, or the motion is adopted, as the case may be.
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\181\ Sec. 301(d)(2)(B) of Public Law 103-465 (108 Stat. 4933)
inserted ``(240 days if the petition alleges that critical
circumstances exist)'' after ``180 days''.
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(2) The Commission shall include in the report
required under paragraph (1) the following:
(A) The determination made under subsection
(b) and an explanation of the basis for the
determination.
(B) If the determination under subsection (b)
is affirmative, the recommendations for action
made under subsection (e) and an explanation of
the basis for each recommendation.
(C) Any dissenting or separate views by
members of the Commission regarding the
determination and any recommendation referred
to in subparagraphs (A) and (B).
(D) The findings required to be included in
the report under subsection (c)(2).
(E) A copy of the adjustment plan, if any,
submitted under section 201(b)(4).
(F) Commitments submitted, and information
obtained, by the Commission regarding steps
that firms and workers in the domestic industry
are taking, or plan to take, to facilitate
positive adjustment to import competition.
(G) A description of--
(i) the short- and long-term effects
that implementation of the action
recommended under subsection (e) is
likely to have on the petitioning
domestic industry, on other domestic
industries, and on consumers, and
(ii) the short- and long-term effects
of not taking the recommended action on
the petitioning domestic industry, its
workers and the communities where
production facilities of such industry
are \182\ located, and on other
domestic industries.
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\182\ Sec. 303(6) of Public Law 103-465 (108 Stat. 4937) struck out
``is'' and inserted in lieu thereof ``are''.
---------------------------------------------------------------------------
(3) The Commission, after submitting a report to the
President under paragraph (1), shall promptly make it
available to the public (with the exception of the
confidential information obtained under section
202(a)(6)(B) and any other information which the
Commission determines to be confidential) and cause a
summary thereof to be published in the Federal
Register.
(g) Expedited Consideration of Adjustment Assistance
Petitions.--If the Commission makes an affirmative
determination under subsection (b)(1), the Commission shall
promptly notify the Secretary of Labor and the Secretary of
Commerce of the determination. After receiving such
notification--
(1) the Secretary of Labor shall give expedited
consideration to petitions by workers in the domestic
industry for certification for eligibility to apply for
adjustment assistance under chapter 2; and
(2) the Secretary of Commerce shall give expedited
consideration to petitions by firms in the domestic
industry for certification of eligibility to apply for
adjustment assistance under chapter 3.
(h) Limitations on Investigations.--
(1) Except for good cause determined by the
Commission to exist, no investigation for the purposes
of this section shall be made with respect to the same
subject matter as a previous investigation under this
chapter, unless 1 year has elapsed since the Commission
made its report to the President of the results of such
previous investigation.
(2) \183\ No new investigation shall be conducted
with respect to an article that is or has been the
subject of an action under section 203(a)(3)(A), (B),
(C), or (E) if the last day on which the President
could take action under section 203 in the new
investigation is a date earlier than that permitted
under section 203(e)(7).
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\183\ Sec. 302(b)(4)(B) of Public Law 103-465 (108 Stat. 4936)
amended and restated subsec. (h)(2).
---------------------------------------------------------------------------
(3) \184\ (A) Not later than the date on which the
Textiles Agreement enters into force with respect to
the United States, the Secretary of Commerce shall
publish in the Federal Register a list of all articles
that are subject to the Textiles Agreement. An
investigation may be conducted under this section
concerning imports of any article that is subject to
the Textiles Agreement only if the United States has
integrated that article into GATT 1994 pursuant to the
Textiles Agreement, as set forth in notices published
in the Federal Register by the Secretary of Commerce,
including the notice published under section 331 of the
Uruguay Round Agreements Act.
---------------------------------------------------------------------------
\184\ Sec. 301(f) of Public Law 103-465 (108 Stat. 4934) added
para. (3).
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(B) For purposes of this paragraph:
(i) The term ``Textiles Agreement'' means the
Agreement on Textiles and Clothing referred to
in section 101(d)(4) of the Uruguay Round
Agreements Act.
(ii) The term ``GATT 1994'' has the meaning
given that term in section 2(1)(B) of the
Uruguay Round Agreements Act.
(i) \185\ Limited Disclosure of Confidential Business
Information Under Protective Order.--The Commission shall
promulgate regulations to provide access to confidential
business information under protective order to authorized
representatives of interested parties who are parties to an
investigation under this section.
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\185\ Sec. 301(b) of Public Law 103-465 (108 Stat. 4932) added
subsec. (i).
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SEC. 203.\186\ ACTION BY PRESIDENT AFTER DETERMINATION OF IMPORT
INJURY.
(a) In General.--
---------------------------------------------------------------------------
\186\ 19 U.S.C. 2253.
---------------------------------------------------------------------------
(1)(A) After receiving a report under section 202(f)
containing an affirmative finding regarding serious
injury, or the threat thereof, to a domestic industry,
the President shall take all appropriate and feasible
action within his power which the President determines
will facilitate efforts by the domestic industry to
make a positive adjustment to import competition and
provide greater economic and social benefits than
costs.
(B) The action taken by the President under
subparagraph (A) shall be to such extent, and for such
duration, subject to subsection (e)(1), that the
President determines to be appropriate and feasible
under such subparagraph.
(C) The interagency trade organization established
under section 242(a) of the Trade Expansion Act of 1962
shall, with respect to each affirmative determination
reported under section 202(f), make a recommendation to
the President as to what action the President should
take under subparagraph (A).
(2) In determining what action to take under
paragraph (1), the President shall take into account--
(A) the recommendation and report of the
Commission;
(B) the extent to which workers and firms in
the domestic industry are--
(i) benefiting from adjustment
assistance and other manpower programs,
and
(ii) engaged in worker retraining
efforts;
(C) the efforts being made, or to be
implemented, by the domestic industry
(including the efforts included in any
adjustment plan or commitment submitted to the
Commission under section 202(a)) \187\ to make
a positive adjustment to import competition;
---------------------------------------------------------------------------
\187\ Sec. 303(7) of Public Law 103-465 (108 Stat. 4937) struck out
``201(b)'' and inserted in lieu thereof ``202(a)''.
---------------------------------------------------------------------------
(D) the probable effectiveness of the actions
authorized under paragraph (3) to facilitate
positive adjustment to import competition;
(E) the short- and long-term economic and
social costs of the actions authorized under
paragraph (3) relative to their short- and
long-term economic and social benefits and
other considerations relative to the position
of the domestic industry in the United States
economy;
(F) other factors related to the national
economic interest of the United States,
including, but not limited to--
(i) the economic and social costs
which would be incurred by taxpayers,
communities, and workers if import
relief were not provided under this
chapter,
(ii) the effect of the implementation
of actions under this section on
consumers and on competition in
domestic markets for articles, and
(iii) the impact on United States
industries and firms as a result of
international obligations regarding
compensation;
(G) the extent to which there is diversion of
foreign exports to the United States market by
reason of foreign restraints;
(H) the potential for circumvention of any
action taken under this section;
(I) the national security interests of the
United States; and
(J) the factors required to be considered by
the Commission under section 202(e)(5).
(3) The President may, for purposes of taking action
under paragraph (1)--
(A) proclaim an increase in, or the
imposition of, any duty on the imported
article;
(B) proclaim a tariff-rate quota on the
article;
(C) proclaim a modification or imposition of
any quantitative restriction on the importation
of the article into the United States;
(D) implement one or more appropriate
adjustment measures, including the provision of
trade adjustment assistance under chapter 2;
(E) negotiate, conclude, and carry out \188\
agreements with foreign countries limiting the
export from foreign countries and the import
into the United States of such article;
---------------------------------------------------------------------------
\188\ Sec. 302(a)(1) of Public Law 103-465 (108 Stat. 4934) struck
out ``orderly marketing'' after ``carry out''.
---------------------------------------------------------------------------
(F) proclaim procedures necessary to allocate
among importers by the auction of import
licenses quantities of the article that are
permitted to be imported into the United
States;
(G) initiate international negotiations to
address the underlying cause of the increase in
imports of the article or otherwise to
alleviate the injury or threat thereof;
(H) submit to Congress legislative proposals
to facilitate the efforts of the domestic
industry to make a positive adjustment to
import competition;
(I) take any other action which may be taken
by the President under the authority of law and
which the President considers appropriate and
feasible for purposes of paragraph (1); and
(J) take any combination of actions listed in
subparagraphs (A) through (I).
(4)(A) Subject to subparagraph (B), the \189\
President shall take action under paragraph (1) within
60 days (50 days if the President has proclaimed
provisional relief under section 202(d)(2)(D) with
respect to the article concerned) \190\ after receiving
a report from the Commission containing an affirmative
determination under section 202(b)(1) (or a
determination under such section which he considers to
be an affirmative determination by reason of section
330(d) of the Tariff Act of 1930).\191\
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\189\ Sec. 301(d)(3)(A) of Public Law 103-465 (108 Stat. 4933)
struck out ``The'' and inserted in lieu thereof ``(A) Subject to
subparagraph (B), the''.
\190\ Sec. 301(d)(3)(B) of Public Law 103-465 (108 Stat. 4933)
inserted ``(50 days if the President has proclaimed provisional relief
under section 202(d)(2)(D) with respect to the article concerned)''
after ``60 days''.
\191\ Sec. 301(d)(3)(C) of Public Law 103-465 (108 Stat. 4933)
struck out ``; except that if a supplemental report is requested under
paragraph (5), the President shall take action under paragraph (1)
within 30 days after the supplemental report is received.'', closed the
sentence with a period, and added subpara. (B).
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(B) \191\ If a supplemental report is requested under
paragraph (5), the President shall take action under
paragraph (1) within 30 days after the supplemental
report is received, except that, in a case in which the
President has proclaimed provisional relief under
section 202(d)(2)(D) with respect to the article
concerned, action by the President under paragraph (1)
may not be taken later than the 200th day after the
provisional relief was proclaimed.
(5) The President may, within 15 days after the date
on which he receives a report from the Commission
containing an affirmative determination under section
202(b)(1), request additional information from the
Commission. The Commission shall, as soon as
practicable but in no event more than 30 days after the
date on which it receives the President's request,
furnish additional information with respect to the
industry in a supplemental report.
(b) Reports to Congress.--
(1) On the day the President takes action under
subsection (a)(1), the President shall transmit to
Congress a document describing the action and the
reasons for taking the action. If the action taken by
the President differs from the action required to be
recommended by the Commission under section 202(e)(1),
the President shall state in detail the reasons for the
difference.
(2) On the day on which the President decides that
there is no appropriate and feasible action to take
under subsection (a)(1) with respect to a domestic
industry, the President shall transmit to Congress a
document that sets forth in detail the reasons for the
decision.
(3) On the day on which the President takes any
action under subsection (a)(1) that is not reported
under paragraph (1), the President shall transmit to
Congress a document setting forth the action being
taken and the reasons therefor.
(c) Implementation of Action Recommended by Commission.--If
the President reports under subsection (b)(1) or (2) that--
(1) the action taken under subsection (a)(1) differs
from the action recommended by the Commission under
section 202(e)(1); or
(2) no action will be taken under subsection (a)(1)
with respect to the domestic industry;
the action recommended by the Commission shall take effect (as
provided in subsection (d)(2)) \192\ upon the enactment of a
joint resolution described in section 152(a)(1)(A) within the
90-day period beginning on the date on which the document
referred to in subsection (b)(1) or (2) is transmitted to the
Congress.
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\192\ Sec. 303(8) of Public Law 103-465 (108 Stat. 4937) struck out
``(c)(2)'' and inserted in lieu thereof ``(d)(2)''.
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(d) Time for Taking Effect of Certain Relief.--
(1) Except as provided in paragraph (2), any action
described in subsection (a)(3)(A), (B), or (C), that is
taken under subsection (a)(1) shall take effect within
15 days after the day on which the President proclaims
the action, unless the President announces, on the date
he decides to take such action, his intention to
negotiate one or more agreements described in
subsection (a)(3)(E) \193\ in which case the action
under subsection (a)(3)(A), (B), or (C) shall be
proclaimed and take effect within 90 days after the
date of such decision.
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\193\ Sec. 302(a)(2) of Public Law 103-465 (108 Stat. 4934) struck
out ``orderly marketing agreements'' and inserted in lieu thereof
``agreements described in subsection (a)(3)(E)''.
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(2) If the contingency set forth in subsection (c)
occurs, the President shall, within 30 days after the
date of the enactment of the joint resolution referred
to in such subsection, proclaim the action recommended
by the Commission under section 202(e)(1).
(e) Limitations on Actions.--
(1) \194\ (A) Subject to subparagraph (B), the
duration of the period in which an action taken under
this section may be in effect shall not exceed 4 years.
Such period shall include the period, if any, in which
provisional relief under section 202(d) was in effect.
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\194\ Sec. 302(b)(1) of Public Law 103-465 (108 Stat. 4935) amended
and restated subsec. (e)(1).
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(B)(i) Subject to clause (ii), the President, after
receiving an affirmative determination from the
Commission under section 204(c) (or, if the Commission
is equally divided in its determination, a
determination which the President considers to be an
affirmative determination of the Commission), may
extend the effective period of any action under this
section if the President determines that--
(I) the action continues to be necessary to
prevent or remedy the serious injury; and
(II) there is evidence that the domestic
industry is making a positive adjustment to
import competition.
(ii) The effective period of any action under this
section, including any extensions thereof, may not, in
the aggregate, exceed 8 years.
(2) Action of a type described in subsection
(a)(3)(A), (B), or (C) may be taken under subsection
(a)(1), under section 202(d)(1)(G), or under section
202(d)(2)(D) \195\ only to the extent the cumulative
impact of such action does not exceed the amount
necessary to prevent or remedy the serious injury.\196\
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\195\ Sec. 303(9)(A) of Public Law 103-465 (108 Stat. 4937) struck
out ``may be taken under subsection (a)(1)(A), (B), or (C) or under
section 202(d)(2)(B)'' and inserted in lieu thereof ``of a type
described in subsection (a)(3)(A), (B), or (C) may be taken under
subsection (a)(1), under section 202(d)(1)(G), or under section
202(d)(2)(D)''.
\196\ Sec. 303(9)(B) of Public Law 103-465 (108 Stat. 4937) struck
out ``or threat thereof''.
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(3) No action may be taken under this section which
would increase a rate of duty to (or impose a rate)
which is more than 50 percent ad valorem above the rate
(if any) existing at the time the action is taken.
(4) \197\ Any action taken under this section
proclaiming a quantitative restriction shall permit the
importation of a quantity or value of the article which
is not less than the average quantity or value of such
article entered into the United States in the most
recent 3 years that are representative of imports of
such article and for which data are available, unless
the President finds that the importation of a different
quantity or value is clearly justified in order to
prevent or remedy the serious injury.
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\197\ Sec. 302(b)(2) of Public Law 103-465 (108 Stat. 4935) amended
and restated subsec. (e)(4).
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(5) \198\ An action described in subsection
(a)(3)(A), (B), or (C) that has an effective period of
more than 1 year shall be phased down at regular
intervals during the period in which the action is in
effect.
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\198\ Sec. 302(b)(3) of Public Law 103-465 (108 Stat. 4936) amended
and restated subsec. (e)(5).
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(6)(A) The suspension, pursuant to any action taken
under this section, of--
(i) subheadings 9802.00.60 or subheadings
9802.00.80 of the Harmonized Tariff Schedule of
the United States \199\ with respect to an
article; and
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\199\ The text to this point beginning with ``subheadings . . .''
was inserted in lieu of ``item 806.30 or 807.00 of the Tariff Schedules
of the United States'', by sec. 1214(j)(2) of Public Law 100-418 (102
Stat. 1158), as amended by sec. 9001(a)(2)(B) of Public Law 100-647
(102 Stat. 3342).
---------------------------------------------------------------------------
(ii) the designation of any article as an
eligible article for purposes of title V;
shall be treated as an increase in duty.
(B) No proclamation providing for a suspension
referred to in subparagraph (A) with respect to any
article may be made by the President, nor may any such
suspension be recommended by the Commission under
section 202(e),\187\ unless the Commission, in addition
to making an affirmative determination under section
202(b)(1), determines in the course of its
investigation under section 202(b) \200\ that the
serious injury, or threat thereof, substantially caused
by imports to the domestic industry producing a like or
directly competitive article results from, as the case
may be--
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\200\ Sec. 303(10) of Public Law 103-465 (108 Stat. 4937) struck
out ``203(c)'' and inserted in lieu thereof ``202(e)''; and struck out
``203(a)'' and inserted in lieu thereof ``202(b)''.
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(i) \201\ the application of subheading
9802.00.60 or subheading 9802.00.80 of the
Harmonized Tariff Schedule of the United
States; \202\ or
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\201\ Sec. 9001(a) of Public Law 100-647 (102 Stat. 3342)
substituted ``(i)'' and ``(ii)'' in lieu of ``(A)'' and ``(B)'' which
previously appeared at these points.
\202\ The text to this point beginning with ``subheading . . .''
was inserted in lieu of ``item 806.30 or 807.00'', by sec. 1214(j)(2)
of Public Law 100-418 (102 Stat. 1158), as amended by sec.
9001(a)(12(B) of Public Law 100-647 (102 Stat. 3342).
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(ii) \201\ the designation of the article as
an eligible article for the purposes of title
V.
(7) \203\ (A) If an article was the subject of an
action under subparagraph (A), (B), (C), or (E) of
subsection (a)(3), no new action may be taken under any
of those subparagraphs with respect to such article
for--
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\203\ Sec. 302(b)(4)(A) of Public Law 103-465 (108 Stat. 4936)
added a new para. (7).
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(i) a period beginning on the date on which
the previous action terminates that is equal to
the period in which the previous action was in
effect, or
(ii) a period of 2 years beginning on the
date on which the previous action terminates,
whichever is greater.
(B) Notwithstanding subparagraph (A), if the previous
action under subparagraph (A), (B), (C), or (E) of
subsection (a)(3) with respect to an article was in
effect for a period of 180 days or less, the President
may take a new action under any of those subparagraphs
with respect to such article if--
(i) at least 1 year has elapsed since the
previous action went into effect; and
(ii) an action described in any of those
subparagraphs has not been taken with respect
to such article more than twice in the 5-year
period immediately preceding the date on which
the new action with respect to such article
first becomes effective.
(f) \204\ Certain Agreements.--
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\204\ Sec. 302(a)(3)(A) of Public Law 103-465 (108 Stat. 4935)
struck out ``Orderly Marketing and Other'' in the subsection heading
and inserted in lieu thereof ``Certain''.
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(1) If the President takes action under this section
other than the implementation of agreements of the type
described in subsection (a)(3)(E),\205\ the President
may, after such action takes effect, negotiate
agreements of the type described in subsection
(a)(3)(E),\206\ and may, after such agreements take
effect, suspend or terminate, in whole or in part, any
action previously taken.
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\205\ Sec. 302(a)(3)(B)(i) of Public Law 103-465 (108 Stat. 4935)
struck out ``orderly marketing agreements'' and inserted in lieu
thereof ``agreements of the type described in subsection (a)(3)(E)''.
\206\ Sec. 302(a)(3)(B)(ii) of Public Law 103-465 (108 Stat. 4935)
struck out ``orderly marketing agreements with foreign countries'' and
inserted in lieu thereof ``agreements of the type described in
subsection (a)(3)(E)''.
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(2) If an agreement implemented under subsection
(a)(3)(E) \207\ is not effective, the President may,
consistent with the limitations contained in subsection
(e), take additional action under subsection (a).
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\207\ Sec. 302(a)(3)(C) of Public Law 103-465 (108 Stat. 4935)
struck out ``orderly marketing agreement implemented under subsection
(a)'' and inserted in lieu thereof ``agreement implemented under
subsection (a)(3)(E)''.
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(g) Regulations.--
(1) The President shall by regulation provide for the
efficient and fair administration of all actions taken
for the purpose of providing import relief under this
chapter.
(2) In order to carry out an \208\ international
agreement concluded under this chapter, the President
may prescribe regulations governing the entry or
withdrawal from warehouse of articles covered by such
agreement. In addition, in order to carry out any
agreement of the type described in subsection (a)(3)(E)
that is \209\ concluded under this chapter with one or
more countries accounting for a major part of United
States imports of the article covered by such
agreement,\210\ including imports into a major
geographic area of the United States, the President may
issue regulations governing the entry or withdrawal
from warehouse of like articles which are the product
of countries not parties to such agreement.
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\208\ Sec. 302(a)(4)(A) of Public Law 103-465 (108 Stat. 4935)
struck out ``orderly marketing or other'' after ``carry out an''.
\209\ Sec. 302(a)(4)(B)(i) of Public Law 103-465 (108 Stat. 4935)
struck out ``orderly marketing agreement'' and inserted in lieu thereof
``agreement of the type described in subsection (a)(3)(E) that is''.
\210\ Sec. 302(a)(4)(B)(ii) of Public Law 103-465 (108 Stat. 4935)
struck out ``agreements'' and inserted in lieu thereof ``agreement''.
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(3) Regulations prescribed under this subsection
shall, to the extent practicable and consistent with
efficient and fair administration, insure against
inequitable sharing of imports by a relatively small
number of the larger importers.
SEC. 204.\211\ MONITORING, MODIFICATION, AND TERMINATION OF ACTION.
(a) Monitoring.--
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\211\ 19 U.S.C. 2254.
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(1) So long as any action taken under section 203
remains in effect, the Commission shall monitor
developments with respect to the domestic industry,
including the progress and specific efforts made by
workers and firms in the domestic industry to make a
positive adjustment to import competition.
(2) \212\ If the initial period during which the
action taken under section 203 is in effect exceeds 3
years, or if an extension of such action exceeds 3
years, the Commission shall submit a report on the
results of the monitoring under paragraph (1) to the
President and to the Congress not later than the date
that is the mid-point of the initial period, and of
each such extension, during which the action is in
effect.
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\212\ Sec. 302(c)(1) of Public Law 103-465 (108 Stat. 4936) amended
and restated para. (2).
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(3) In the course of preparing each report under
paragraph (2), the Commission shall hold a hearing at
which interested persons shall be given a reasonable
opportunity to be present, to produce evidence, and to
be heard.
(4) Upon request of the President, the Commission
shall advise the President of its judgment as to the
probable economic effect on the industry concerned of
any \213\ reduction, modification, or termination of
the action taken under section 203 which is under
consideration.
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\213\ Sec. 302(c)(2) of Public Law 103-465 (108 Stat. 4936) struck
out ``extension'' after ``of any''.
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(b) Reduction, Modification, and Termination of Action.--
(1) Action taken under section 203 may be reduced,
modified, or terminated by the President (but not
before the President receives the report required under
subsection (a)(2)(A)) if the President--
(A) after taking into account any report or
advice submitted by the Commission under
subsection (a) and after seeking the advice of
the Secretary of Commerce and the Secretary of
Labor, determines, on the basis that either--
(i) the domestic industry has not
made adequate efforts to make a
positive adjustment to import
competition, or
(ii) the effectiveness of the action
taken under section 203 has been
impaired by changed economic
circumstances,
that changed circumstances warrant such
reduction, or termination; or
(B) determines, after a majority of the
representatives of the domestic industry
submits to the President a petition requesting
such reduction, modification, or termination on
such basis, that the domestic industry has made
a positive adjustment to import competition.
(2) Notwithstanding paragraph (1), the President is
authorized to take such additional action under section
203 as may be necessary to eliminate any circumvention
of any action previously taken under such section.
(3) \214\ Notwithstanding paragraph (1), the
President may, after receipt of a Commission
determination under section 129(a)(4) of the Uruguay
Round Agreements Act and consulting with the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate, reduce, modify,
or terminate action taken under section 203.
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\214\ Sec. 129(a)(7) of Public Law 103-465 (108 Stat. 4837) added a
new para. (3).
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(c) \215\ Extension of Action.--
---------------------------------------------------------------------------
\215\ Sec. 302(d)(1) and (2) of Public Law 103-465 (108 Stat. 4936)
redesignated subsecs. (c) and (d) as subsecs. (d) and (e),
respectively, and added a new subsec. (c). These subsections were
originally redesignated as subsecs. (c) and (d) by sec. 9001(a)(8) of
the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-
647; 102 Stat. 3342).
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(1) Upon request of the President, or upon petition
on behalf of the industry concerned filed with the
Commission not earlier than the date which is 9 months,
and not later than the date which is 6 months, before
the date any action taken under section 203 is to
terminate, the Commission shall investigate to
determine whether action under section 203 continues to
be necessary to prevent or remedy serious injury and
whether there is evidence that the industry is making a
positive adjustment to import competition.
(2) The Commission shall publish notice of the
commencement of any proceeding under this subsection in
the Federal Register and shall, within a reasonable
time thereafter, hold a public hearing at which the
Commission shall afford interested parties and
consumers an opportunity to be present, to present
evidence, and to respond to the presentations of other
parties and consumers, and otherwise to be heard.
(3) The Commission shall transmit to the President a
report on its investigation and determination under
this subsection not later than 60 days before the
action under section 203 is to terminate, unless the
President specifies a different date.
(d) \215\ Evaluation of Effectiveness of Action.--
(1) After any action taken under section 203 has
terminated, the Commission shall evaluate the
effectiveness of the actions in facilitating positive
adjustment by the domestic industry to import
competition, consistent with the reasons set out by the
President in the report submitted to the Congress under
section 203(b).
(2) During the course of the evaluation conducted
under paragraph (1), the Commission shall, after
reasonable public notice, hold a hearing on the
effectiveness of the action. All interested persons
shall have the opportunity to attend such hearing and
to present evidence or testimony at such hearing.
(3) A report on the evaluation made under paragraph
(1) and the hearings held under paragraph (2) shall be
submitted by the Commission to the President and to the
Congress by no later than the 180th day after the day
on which the actions taken under section 203
terminated.
(e) \215\ Other Provisions.--
(1) Action by the President under this chapter may be
taken without regard to the provisions of section
126(a) of this Act but only after consideration of the
relation of such actions to the international
obligations of the United States.
(2) If the Commission treats as the domestic industry
production located in a major geographic area of the
United States under section 202(c)(4)(C), then the
President shall take into account the geographic
concentration of domestic production and of imports in
that area in taking any action authorized under
paragraph (1).
Chapter 2--Adjustment Assistance for Workers
subchapter a--petitions and determinations
SEC. 221.\216\ PETITIONS.
(a) \217\ (1) A petition for certification of eligibility
to apply for adjustment assistance for a group of workers under
this chapter may be filed simultaneously with the Secretary and
with the Governor of the State in which such workers' firm or
subdivision is located by any of the following:
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\216\ 19 U.S.C. 2271.
\217\ Sec. 112(a) of the Trade Adjustment Assistance Reform Act of
2002 (division A of Public Law 107-210; 116 Stat. 937) amended and
restated subsec. (a). Sec. 151(a) of that Act further provided that
this amendment shall apply to petitions for certification filed under
chapter 2 or 3 of title II of the Trade Act of 1974 on or after the
date that is 90 days after the date of enactment of this amendment.
Public Law 107-210 was enacted on August 6, 2002. Previously, sec.
503(a) of the NAFTA Implementation Act (Public Law 103-182; 107 Stat.
2151) and sec. 13002(a) of Public Law 99-272 (100 Stat. 300) amended
subsec. (a).
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(A) The group of workers (including workers in an
agricultural firm or subdivision of any agricultural
firm).
(B) The certified or recognized union or other duly
authorized representative of such workers.
(C) Employers of such workers, one-stop operators or
one-stop partners (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801)),
including State employment security agencies, or the
State dislocated worker unit established under title I
of such Act, on behalf of such workers.
(2) Upon receipt of a petition filed under paragraph (1),
the Governor shall--
(A) ensure that rapid response assistance \218\ and
appropriate core and intensive services (as described
in section 134 of the Workforce Investment Act of 1998
(29 U.S.C. 2864)) authorized under other Federal laws
are made available to the workers covered by the
petition to the extent authorized under such laws; and
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\218\ Sec. 2004(a)(4) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2590) struck out
a comma that appeared at this point.
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(B) assist the Secretary in the review of the
petition by verifying such information and providing
such other assistance as the Secretary may request.
(3) Upon receipt of the petition, the Secretary shall
promptly publish notice in the Federal Register that the
Secretary has received the petition and initiated an
investigation.
(b) If the petitioner, or any other person found by the
Secretary to have a substantial interest in the proceedings,
submits not later than 10 days after the date of the
Secretary's publication under subsection (a) a request for a
hearing, the Secretary shall provide for a public hearing and
afford such interested persons an opportunity to be present, to
produce evidence, and to be heard.
SEC. 222.\219\ GROUP ELIGIBILITY REQUIREMENTS.
(a) \220\ In General.--A group of workers (including
workers in any agricultural firm or subdivision of an
agricultural firm) shall be certified by the Secretary as
eligible to apply for adjustment assistance under this chapter
pursuant to a petition filed under section 221 if the Secretary
determines that--
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\219\ 19 U.S.C. 2272.
\220\ Sec. 113(a)(1)(A) of the Trade Adjustment Assistance Reform
Act of 2002 (division A of Public Law 107-210; 116 Stat. 937) amended
and restated subsec. (a). Sec. 151(a) of that Act further provided that
this amendment shall apply to petitions for certification filed under
chapter 2 or 3 of title II of the Trade Act of 1974 on or after the
date that is 90 days after the date of enactment of this amendment.
Public Law 107-210 was enacted on August 6, 2002. Previously, sec.
1421(a) of Public Law 100-418 (102 Stat. 1244) and sec. 1421(b) of
Public Law 100-418 (102 Stat. 1242) had amended subsec. (a).
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(1) a significant number or proportion of the workers
in such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated; and
(2)(A)(i) the sales or production, or both, of such
firm or subdivision have decreased absolutely;
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision have
increased; and
(iii) the increase in imports described in clause
(ii) contributed importantly to such workers'
separation or threat of separation and to the decline
in the sales or production of such firm or subdivision;
or
(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.
(b) \221\ Adversely Affected Secondary Workers.--A group of
workers (including workers in any agricultural firm or
subdivision of an agricultural firm) shall be certified by the
Secretary as eligible to apply for trade adjustment assistance
benefits under this chapter pursuant to a petition filed under
section 221 \222\ if the Secretary determines that--
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\221\ Sec. 113(a)(1)(C) of the Trade Adjustment Assistance Reform
Act of 2002 (division A of Public Law 107-210; 116 Stat. 938)
redesignated subsec. (b) as subsec. (c) and inserted a new subsec. (b).
Sec. 151(a) of that Act further provided that this amendment shall
apply to petitions for certification filed under chapter 2 or 3 of
title II of the Trade Act of 1974 on or after the date that is 90 days
after the date of enactment of this amendment. Public Law 107-210 was
enacted on August 6, 2002. Sec. 1421(a)(1) of Public Law 100-418 (102
Stat. 1244) added the original subsec. (b), as redesignated as subsec.
(c), and deleted the text ``For purposes of paragraph (3), the term
`contributed importantly' means a cause which is important, but not
necessarily more important than any other cause.'' which previously
appeared as the final sentence in subsec. (a).
\222\ Sec. 2004(a)(5) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2590) made a
technical correction to the heading of subsec. (b) and inserted
``pursuant to a petition filed under section 221''.
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(1) a significant number or proportion of the workers
in the workers' firm or an appropriate subdivision of
the firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm (or subdivision) is a supplier
or downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility under subsection (a), and
such supply or production is related to the article
that was the basis for such certification (as defined
in subsection (c) (3) and (4)); and
(3) either--
(A) the workers' firm is a supplier and the
component parts it supplied to the firm (or
subdivision) described in paragraph (2)
accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm
with the firm (or subdivision) described in
paragraph (2) contributed importantly to the
workers' separation or threat of separation
determined under paragraph (1).
(c) \221\ For purposes of this section-- \223\
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\223\ Sec. 113(b) of the Trade Adjustment Assistance Reform Act of
2002 (division A of Public Law 107-210; 116 Stat. 938) struck out
``subsection (a)(3)'' and inserted in lieu thereof ``this section'',
and added paras. (3) and (4). Sec. 151(a) of that Act further provided
that this amendment shall apply to petitions for certification filed
under ch. 2 or 3 of title II of the Trade Act of 1974 on or after the
date that is 90 days after the date of enactment of this amendment.
Public Law 107-210 was enacted on August 6, 2002.
---------------------------------------------------------------------------
(1) The term ``contributed importantly'' means a
cause which is important but not necessarily more
important than any other cause.
(2)(A) Any firm, or appropriate subdivision of a
firm, that engages in exploration or drilling for oil
or natural gas shall be considered to be a firm
producing oil or natural gas.
(B) Any firm, or appropriate subdivision of a firm,
that engages in exploration or drilling for oil or
natural gas, or otherwise produces oil or natural gas,
shall be considered to be producing articles directly
competitive with imports of oil and with imports of
natural gas.
(3) \223\ Downstream producer.--The term ``downstream
producer'' means a firm that performs additional,
value-added production processes for a firm or
subdivision, including a firm that performs final
assembly or finishing, directly for another firm (or
subdivision), for articles that were the basis for a
certification of eligibility under subsection (a) of a
group of workers employed by such other firm, if the
certification of eligibility under subsection (a) is
based on an increase in imports from, or a shift in
production to, Canada or Mexico.
(4) \223\ Supplier.--The term ``supplier'' means a
firm that produces and supplies directly to another
firm (or subdivision) component parts for articles that
were the basis for a certification of eligibility under
subsection (a) of a group of workers employed by such
other firm.
SEC. 223.\224\ DETERMINATIONS BY SECRETARY OF LABOR.
(a) As soon as possible after the date on which a petition
is filed under section 221, but in any event not later than 40
days \225\ after that date, the Secretary shall determine
whether the petitioning group meets the requirements of section
222 and shall issue a certification of eligibility to apply
assistance under this subchapter \226\ covering workers in any
group which meets such requirements. Each certification shall
specify the date on which the total or partial separation began
or threatened to begin.
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\224\ 19 U.S.C. 2273.
\225\ Sec. 112(b) of the Trade Adjustment Assistance Reform Act of
2002 (division A of Public Law 107-210; 116 Stat. 937) struck out ``60
days'' and inserted in lieu thereof ``40 days''. Sec. 151(a) of that
Act further provided that this amendment shall apply to petitions for
certification filed under chapter 2 or 3 of title II of the Trade Act
of 1974 on or after the date that is 90 days after the date of
enactment of this amendment. Public Law 107-210 was enacted on August
6, 2002.
\226\ Sec. 503(a) of the NAFTA Implementation Act (Public Law 103-
182; 107 Stat. 2151) struck out ``assistance under this chapter'' and
inserted in lieu thereof ``assistance under this subchapter''.
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(b) \227\ A certification under this section shall not
apply to any worker whose last total or partial separation from
the firm or appropriate subdivision of the firm before his
application under section 231 occurred--
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\227\ Sec. 1421(a)(1)(B) of Public Law 100-418 (102 Stat. 1242)
stated the following:
``(B) Notwithstanding section 223(b) of the Trade Act of 1974, or
any other provision of law, any certification made under subchapter A
of chapter 2 of title II of such Act which--
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``(i) is made with respect to a petition filed before the date that is 90
days after the date of enactment of this Act, and
``(ii) would not have been made if the amendments made by subparagraph
(A) had not been enacted into law,
shall apply to any worker whose most recent total or partial separation
from the firm, or appropriate subdivision of the firm, described in section
222(a) of such Act occurs after September 30, 1985.''.
(1) more than one year before the date of the
petition on which such certification was granted, or
(2) more than 6 months before the effective date of
this chapter.
(c) Upon reaching his determination on a petition, the
Secretary shall promptly publish a summary of the determination
in the Federal Register together with his reasons for making
such determination.
(d) Whenever the Secretary determines, with respect to any
certification of eligibility of the workers of a firm or
subdivision of the firm, that total or partial separations from
such firm or subdivision are no longer attributable to the
conditions specified in section 222, he shall terminate such
certification and promptly have notice of such termination
published in the Federal Register together with his reasons for
making such determination. Such termination shall apply only
with respect to total or partial separations occurring after
the termination date specified by the Secretary.
SEC. 224.\228\ STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE
COMMISSION BEGINS INVESTIGATION.
(a) Whenever the International Trade Commission (hereafter
referred to in this chapter as the ``Commission'') begins an
investigation under section 202 \229\ with respect to an
industry, the Commission shall immediately notify the Secretary
of such investigation, and the Secretary shall immediately
begin a study of--
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\228\ 19 U.S.C. 2274. Sec. 2513(a)(2) of Public Law 97-35 (95 Stat.
889) struck out ``; action where there is affirmative finding'' from
the section heading.
Subsec. (c) of this section, relating to benefit information to
workers now covered in sec. 225, was repealed by sec. 2513(a)(1) of
Public Law 97-35 (95 Stat. 889).
\229\ Sec. 1401(b)(1)(B) of Public Law 100-418 (102 Stat. 1239)
inserted ``202'' in lieu thereof ``201''.
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(1) the number of workers in the domestic industry
producing the like or directly competitive article who
have been or are likely to be certified as eligible for
adjustment assistance, and
(2) the extent to which the adjustment of such
workers to the import competition may be facilitated
through the use of existing programs.
(b) The report of the Secretary of the study under
subsection (a) shall be made to the President not later than 15
days after the day on which the Commission makes its report
under section 202(f).\208\ Upon making his report to the
President, the Secretary shall also promptly make it public
(with the exception of information which the Secretary
determines to be confidential) and shall have a summary of it
published in the Federal Register.
SEC. 225.\230\ BENEFIT INFORMATION TO WORKERS.
(a) The Secretary \231\ shall provide full information to
workers about the benefit allowances, training, and other
employment services available under this chapter and about the
petition and application procedures, and the appropriate filing
dates, for such allowances, training and services. The
Secretary shall provide whatever assistance is necessary to
enable groups of workers to prepare petitions or applications
for program benefits. The Secretary shall make every effort to
insure that cooperating State agencies fully comply with the
agreements entered into under section 239(a) and shall
periodically review such compliance. The Secretary shall inform
the State Board for Vocational Education or equivalent agency
and other public or private agencies, institutions, and
employers, as appropriate, of each certification issued under
section 223 and of projections, if available, of the needs for
training under section 236 as a result of such certification.
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\230\ 19 U.S.C. 2275. Sec. 2502 of Public Law 97-35 (95 Stat. 881)
added sec. 225.
Sec. 125 of the Trade Adjustment Assistance Reform Act of 2002
(division A of Public Law 107-210; 116 Stat. 946) provided the
following:
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``sec. 125. declaration of policy; sense of congress.
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``(a) Declaration of Policy.--Congress reiterates that, under the
trade adjustment assistance program under chapter 2 of title II of the
Trade Act of 1974, workers are eligible for transportation, childcare,
and healthcare assistance, as well as other related assistance under
programs administered by the Department of Labor.
``(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Labor, working independently and in conjunction with the
States, should, in accordance with section 225 of the Trade Act of
1974, provide more specific information about benefit allowances,
training, and other employment services, and the petition and
application procedures (including appropriate filing dates) for such
allowances, training, and services, under the trade adjustment
assistance program under chapter 2 of title II of the Trade Act of 1974
to workers who are applying for, or are certified to receive,
assistance under that program, including information on all other
Federal assistance available to such workers.''.
\231\ Sec. 1422(1) of Public Law 100-418 (102 Stat. 1244) inserted
``(a)'' before ``The Secretary'' and added a new subsec. (b).
Sec. 1430(e) of Public Law 100-418 (102 Stat. 1257) further stated
that ``The amendments made by section 1422 shall take effect on the
date that is 30 days after the date of enactment of this Act.''.
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(b) \231\ (1) The Secretary shall provide written notice
through the mail of the benefits available under this chapter
to each worker whom the Secretary has reason to believe is
covered by a certification made under subchapter A or
subchapter D \232\ of this chapter--
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\232\ Sec. 123(b)(1) of the Trade Adjustment Assistance Reform Act
of 2002 (division A of Public Law 107-210; 116 Stat. 944) struck out
``or subchapter D'' that appeared at this point. Previously, sec.
503(b) of the NAFTA Implementation Act (Public Law 103-182; 107 Stat.
2151) had inserted ``or subchapter D'' after ``subchapter A''.
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(A) at the time such certification is made, if the
worker was partially or totally separated from the
adversely affected employment before such
certification, or
(B) at the time of the total or partial separation of
the worker from the adversely affected employment, if
subparagraph (A) does not apply.
(2) The Secretary shall publish notice of the benefits
available under this chapter to workers covered by each
certification made under subchapter A \231\ in newspapers of
general circulation in the areas in which such workers reside.
subchapter b--program benefits
[Sections 231-238; 19 U.S.C. 2291-2298]
* * * * * * *
subchapter c--general provisions
[Sections 239-249; 19 U.S.C. 2311-2321]
* * * * * * *
subchapter d--nafta transitional adjustment assistance program
[Section 250; 19 U.S.C. 2331--repealed 2002] \233\
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\233\ Sec. 123(a) of the Trade Adjustment Assistance Reform Act of
2002 (division A of Public Law 107-210; 116 Stat. 944) repealed subch.
D of ch. 2 of title II.
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* * * * * * *
Chapter 3--Adjustment Assistance for Firms
SEC. 251.\234\ PETITIONS AND DETERMINATIONS.
(a) A petition for a certification of eligibility to apply
for adjustment assistance under this chapter may be filed with
the Secretary of Commerce (hereinafter in this chapter referred
to as the ``Secretary'') by a firm (including any agricultural
firm) \235\ or its representative. Upon receipt of the
petition, the Secretary shall promptly publish notice in the
Federal Register that he has received the petition and
initiated an investigation.
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\234\ 19 U.S.C. 2341.
\235\ Sec. 13002(b) of Public Law 99-272 (100 Stat. 300) added
``(including any agricultural firm)''.
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(b) If the petitioner, or any other person, organization,
or group found by the Secretary to have a substantial interest
in the proceedings, submits not later than 10 days after the
date of the Secretary's publication under subsection (a) a
request for a hearing, the Secretary shall provide for a public
hearing and afford such interested persons an opportunity to be
present, to produce evidence, and to be heard.
(c)(1) \236\ The Secretary shall certify a firm (including
any agricultural firm) \235\ as eligible to apply for
adjustment assistance under this chapter if the Secretary
determines--
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\236\ Sec. 1421(a)(2) of Public Law 100-418 (102 Stat. 1243)
amended subsec. (c).
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(A) that a significant number or proportion of the
workers in such firm have become totally or partially
separated, or are threatened to become totally or
partially separated,
(B) that--
(i) sales or production, or both, of such
firm have decreased absolutely, or
(ii) sales or production, or both, of an
article that accounted for not less than 25
percent of the total production or sales of the
firm during the 12-month period preceding the
most recent 12-month period for which data are
available have decreased absolutely, and
(C) \237\ increases of imports of articles like or
directly competitive with articles--
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\237\ Sec. 1421(a)(2) of Public Law 100-418 (102 Stat. 1243) added
subpara. (C). Sec. 1421(b)(2) of that Act further amended subpara. (C).
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(i) which are produced by such firm, or
(ii) for which such firm provides essential
goods or essential services,
contributed importantly to such total or partial
separation, or threat thereof, and to such decline in
sales or production.
(2) For purposes of paragraph (1)(C)--
(A) The term ``contributed importantly'' means a
cause which is important but not necessarily more
important than any other cause.
(B)(i) Any firm which engages in exploration or
drilling for oil or natural gas shall be considered to
be a firm producing oil or natural gas.
(ii) Any firm that engages in exploration or drilling
for oil or natural gas, or otherwise produces oil or
natural gas, shall be considered to be producing
articles directly competitive with imports of oil and
with imports of natural gas.
(d) A determination shall be made by the Secretary as soon
as possible after the date on which the petition is filed under
this section, but in any event not later than 60 days after
that date.
* * * * * * *
SEC. 264.\238\ STUDY BY SECRETARY OF COMMERCE WHEN INTERNATIONAL TRADE
COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE
IS AFFIRMATIVE FINDING.
(a) Whenever the Commission begins an investigation under
section 202 \239\ with respect to an industry, the Commission
shall immediately notify the Secretary of such investigation,
and the Secretary shall immediately begin a study of--
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\238\ 19 U.S.C. 2354.
\239\ Sec. 1401(b)(1)(B) of the Omnibus Trade and Competitiveness
Act of 1988 (Public Law 100-418; 102 Stat. 1239) inserted ``202'' in
lieu thereof ``201'' in subsec. (a); inserted ``202(f)'' in lieu
thereof ``201'' in subsec. (b); and inserted ``202(b)'' in lieu thereof
``201(b)'' in subsec. (c).
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(1) the number of firms in the domestic industry
producing the like or directly competitive article
which have been or are likely to be certified as
eligible for adjustment assistance, and
(2) the extent to which the orderly adjustment of
such firms to the import competition may be facilitated
through the use of existing programs.
(b) The report of the Secretary of the study under
subsection (a) shall be made to the President not later than 15
days after the day on which the Commission makes its report
under section 202(f).\239\ Upon making its report to the
President, the Secretary shall also promptly make it public
(with the exception of information which the Secretary
determines to be confidential) and shall have a summary of it
published in the Federal Register.
(c) Whenever the Commission makes an affirmative finding
under section 202(b) \239\ that increased imports are a
substantial cause of serious injury or threat thereof with
respect to an industry, the Secretary shall make available, to
the extent feasible, full information to the firms in such
industry about programs which may facilitate the orderly
adjustment to import competition of such firms, and he shall
provide assistance in the preparation and processing of
petitions and applications of such firms for program benefits.
SEC. 265.\240\ ASSISTANCE TO INDUSTRIES.
(a) The Secretary may provide technical assistance, on such
terms and conditions as the Secretary deems appropriate, for
the establishment of industrywide programs for new product
development, new process development, export development, or
other uses consistent with the purposes of this chapter. Such
technical assistance may be provided through existing agencies,
private individuals, firms, universities and institutions, and
by grants, contracts, or cooperative agreements to
associations, unions, or other nonprofit industry organizations
in which a substantial number of firms or workers \241\ have
been certified as eligible to apply for technical assistance
under section 223 \241\ or 251.
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\240\ 19 U.S.C. 2355. Added by sec. 2527 of Public Law 97-35 (95
Stat. 893).
\241\ Sec. 2673(1) of Public Law 98-369 inserted ``or workers'' and
``223 or''.
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(b) Expenditures for technical assistance under this
section may be up to $10,000,000 \242\ annually per industry
and shall be made under such terms and conditions as the
Secretary deems appropriate.
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\242\ Sec. 2673(2) of Public Law 98-369 struck out ``$2,000,000''
and inserted in lieu thereof ``$10,000,000''.
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* * * * * * *
Chapter 5--Miscellaneous Provisions
SEC. 280.\243\ GENERAL ACCOUNTING OFFICE REPORT.
(a) The Comptroller General of the United States shall
conduct a study of the adjustment assistance programs
established under chapters 2, 3, and 4 of this title and shall
report the results of such study to the Congress no later than
January 31, 1983. Such report shall include an evaluation of--
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\243\ 19 U.S.C. 2391.
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(1) the effectiveness of such programs in aiding
workers, firms, and communities to adjust to changed
economic conditions resulting from changes in the
patterns of international trade; and
(2) the coordination of the administration of such
programs and other Government programs which provide
unemployment compensation and relief to depressed
areas.
(b) In carrying out his responsibilities under this
section, the Comptroller General shall, to the extent
practical, avail himself of the assistance of the Departments
of Labor and Commerce. The Secretaries of Labor and Commerce
shall make available to the Comptroller General any assistance
necessary for an effective evaluation of the adjustment
assistance programs established under this title.
SEC. 281.\244\ COORDINATION.
There is established the Adjustment Assistance Coordinating
Committee to consist of a Deputy Special Trade Representative
as Chairman, and the officials charged with adjustment
assistance responsibilities of the Departments of Labor and
Commerce and the Small Business Administration. It shall be the
function of the Committee to coordinate the adjustment
assistance policies, studies, and programs of the various
agencies involved and to promote the efficient and effective
delivery of adjustment assistance benefits.
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\244\ 19 U.S.C. 2392. The position of Deputy Special Trade
Representative referred to in this section was redesignated as the
Deputy United States Trade Representative pursuant to sec. 1(c) of
Reorganization Plan No. 3 of 1979.
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SEC. 282.\245\ TRADE MONITORING SYSTEM.
The Secretary of Commerce and the Secretary of Labor shall
establish and maintain a program to monitor imports of articles
into the United States which will reflect changes in the volume
of such imports, the relation of such imports to changes in
domestic production, changes in employment within domestic
industries producing articles like or directly competitive with
such imports, and the extent to which such changes in
production and employment are concentrated in specific
geographic regions of the United States. A summary of the
information gathered under this section shall be published
regularly and provided to the Adjustment Assistance
Coordinating Committee, the International Trade Commission, and
to the Congress.
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\245\ 19 U.S.C. 2393.
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SEC. 283.\246\ FIRMS RELOCATING IN FOREIGN COUNTRIES.
(a) Before moving productive facilities from the United
States to a foreign country, every firm should--
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\246\ 19 U.S.C. 2394.
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(1) provide notice of the move to its employees who
are likely to be totally or partially separated as a
result of the move at least 60 days before the date of
such move, and
(2) provide notice of the move to the Secretary of
Labor, and the Secretary of Commerce on the same day it
notifies employees under paragraph (1).
(b) It is the sense of the Congress that every such firm
should--
(1) apply for and use all adjustment assistance for
which it is eligible under this title,
(2) offer employment opportunities in the United
States, if any exist, to its employees who are totally
or partially separated workers as a result of the move,
and
(3) assist in relocating employees to other locations
in the United States where employment opportunities
exist.
SEC. 284.\247\ JUDICIAL REVIEW.
(a) A worker, group of workers, certified or recognized
union, or authorized representative of such worker or group
aggrieved by a final determination of the Secretary of Labor
under section 223 \248\ of this title, a firm or its
representative or any other interested domestic party aggrieved
by a final determination of the Secretary of Commerce under
section 251 of this title, an agricultural commodity producer
(as defined in section 291(2)) aggrieved by a determination of
the Secretary of Agriculture under section 293,\249\ or a
community or any other interested domestic party aggrieved by a
final determination of the Secretary of Commerce under section
271 of this title may, within sixty days after notice of such
determination, commence a civil action in the United States
Court of International Trade for review of such determination.
The clerk of such court shall send a copy of the summons and
the complaint in such action to the Secretary of Labor, the
Secretary of Commerce, or the Secretary of Agriculture,\250\ as
the case may be. Upon receiving a copy of such summons and
complaint, such Secretary shall promptly certify and file in
such court the record on which he based such determination.
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\247\ 19 U.S.C. 2395. Sec. 613(a) of Public Law 96-417 redesignated
sec. 284 as sec. 285 and added a new sec. 284. Sec. 285, previously
entitled ``effective date'', was retitled ``termination'' by sec. 13007
of Public Law 99-272 (100 Stat. 304).
\248\ Sec. 123(b)(4) of the Trade Adjustment Assistance Reform Act
of 2002 (division A of Public Law 107-210; 116 Stat. 944) struck out
``or section 250(c)'' which had appeared at this point. Sec. 123(c) of
that Act further provided that this amendment and other amendments to
subsec. (a) shall apply to petitions filed under chapter 2 of title II
of the Trade Act of 1974 on or after the date that is 90 days after the
date of enactment of this amendment. Public Law 107-210 was enacted on
August 6, 2002. Previously, sec. 503(d) of the NAFTA Implementation Act
(Public Law 103-182; 107 Stat. 2151) added ``or section 250(c)'' after
``section 223''.
\249\ Sec. 142(a) of the Trade Adjustment Assistance Reform Act of
2002 (division A of Public Law 107-210; 116 Stat. 953) inserted ``an
agricultural commodity producer (as defined in section 291(2))
aggrieved by a determination of the Secretary of Agriculture under
section 293,''.
\250\ Sec. 142(a) of the Trade Adjustment Assistance Reform Act of
2002 (division A of Public Law 107-210; 116 Stat. 953) inserted the
reference to the Secretary of Agriculture.
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(b) The findings of fact by the Secretary of Labor, the
Secretary of Commerce, or the Secretary of Agriculture,\250\ as
the case may be, if supported by substantial evidence, shall be
conclusive; but the court, for good cause shown, may remand the
case to such Secretary to take further evidence, and such
Secretary may thereupon make new or modified findings of fact
and may modify his previous action, and shall certify to the
court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
(c) The Court of International Trade shall have
jurisdiction to affirm the action of the Secretary of Labor,
the Secretary of Commerce, or the Secretary of Agriculture,
\250\ as the case may be, or to set such action aside, in whole
or in part. The judgment of the Court of International Trade
shall be subject to review by the United States Court of
Appeals for the Federal Circuit \251\ as prescribed by the
rules of such court. The judgment of the Court of Appeals for
the Federal Circuit \251\ shall be subject to review by the
Supreme Court of the United States upon certiorari as provided
in section 1256 of title 28.
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\251\ Sec. 163(a)(5) of the Federal Courts Improvement Act (Public
Law 97-164; 96 Stat. 49) struck out ``Court of Customs and Patent
Appeals'' and inserted in lieu thereof ``Court of Appeals for the
Federal Circuit''.
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SEC. 285.\252\ TERMINATION.
(a) Assistance for Workers.--
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\252\ 19 U.S.C. 2271, preceding note. Sec. 111(c) of the Trade
Adjustment Assistance Reform Act of 2002 (division A of Public Law 107-
210; 116 Stat. 936 amended and restated sec. 285. Sec. 151(a) of that
Act further provided that this amendment shall apply to petitions for
certification filed under ch. 2 or 3 of title II of the Trade Act of
1974 on or after the date that is 90 days after the date of enactment
of this amendment. Public Law 107-210 was enacted on August 6, 2002.
Previously, sec. 285 had been amended by sec. 13007 of Public Law
99-272 (100 Stat. 304), sec. 1426(a) of Public Law 100-418 (102 Stat.
1251), sec. 13803(a)(1)(A) of Public Law 103-66 (107 Stat. 668), and by
sec. 505 of the NAFTA Implementation Act (Public Law 103-182; 107 Stat.
2152). The original termination date of September 30, 1982, had been
amended as follows: to September 30, 1983 (Public Law 97-35; 95 Stat.
888); to September 30, 1985 (Public Law 98-120; 97 Stat. 809); to
November 14, 1985 (Public Law 99-107; 99 Stat. 479); to December 14,
1985 (Public Law 99-155; 99 Stat. 814); to December 18, 1985 (Public
Law 99-181; 99 Stat. 1172); and to December 19, 1985 (Public Law 99-
189; 99 Stat. 1184).
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(1) In general.--Except as provided in paragraph (2),
trade adjustment assistance, vouchers, allowances, and
other payments or benefits may not be provided under
chapter 2 after September 30, 2007.
(2) Exception.--Notwithstanding paragraph (1), a
worker shall continue to receive trade adjustment
assistance benefits and other benefits under chapter 2
for any week for which the worker meets the eligibility
requirements of that chapter, if on or before September
30, 2007, the worker is--
(A) certified as eligible for trade
adjustment assistance benefits under chapter 2
of this title; and
(B) otherwise eligible to receive trade
adjustment assistance benefits under chapter 2.
(b) Other Assistance.--
(1) Assistance for firms.--Technical assistance may
not be provided under chapter 3 after September 30,
2007.
(2) Assistance for farmers.--
(A) In general.--Except as provided in
subparagraph (B), adjustment assistance,
vouchers, allowances, and other payments or
benefits may not be provided under chapter 6
after September 30, 2007.
(B) Exception.--Notwithstanding subparagraph
(A), an agricultural commodity producer (as
defined in section 291(2)) shall continue to
receive adjustment assistance benefits and
other benefits under chapter 6, for any week
for which the agricultural commodity producer
meets the eligibility requirements of chapter
6, if on or before September 30, 2007, the
agricultural commodity producer is--
(i) certified as eligible for
adjustment assistance benefits under
chapter 6; and
(ii) is otherwise eligible to receive
adjustment assistance benefits under
such chapter 6.
SEC. 286.\253\ TRADE ADJUSTMENT ASSISTANCE TRUST FUND.
(a) There is hereby established within the Treasury of the
United States a trust fund to be known as the Trade Adjustment
Assistance Trust Fund (hereinafter in this section referred to
as the ``Trust Fund''), consisting of such amounts as may be
transferred or credited to the Trust Fund as provided in this
section or appropriated to the Trust Fund under subsection (e).
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\253\ 19 U.S.C. 2396. Sec. 1427(a) of Public Law 100-418 (102 Stat.
1251) added sec. 286. Sec. 1430(c) of Public Law 100-418 (102 Stat.
1257) further stated that ``the amendments made by section 1427 shall
take effect on the first date on which the amendment made by section
1428(b) applies with respect to any articles.''.
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(b)(1) The Secretary of the Treasury shall transfer to the
Trust Fund out of the general fund of the Treasury of the
United States amounts determined by the Secretary of the
Treasury to be equivalent to the amounts received into such
general fund that are attributable to the duty imposed by
section 287.
(2) The amounts which are required to be transferred under
paragraph (1) shall be transferred at least quarterly from the
general fund of the Treasury of the United States to the Trust
Fund on the basis of estimates made by the Secretary of the
Treasury of the amounts referred to in paragraph (1) that are
received into the Treasury. Proper adjustments shall be made in
the amounts subsequently transferred to the extent prior
estimates were in excess of, or less than, the amounts required
to be transferred.
(c)(1) The Secretary of the Treasury shall be the trustee of
the Trust Fund, and shall submit an annual report to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives on the financial
condition and the results of the operations of the Trust Fund
during the fiscal year preceding the fiscal year in which such
report is submitted and on the expected condition and
operations of the Trust Fund during the fiscal year in which
such report is submitted and the 5 fiscal years succeeding such
fiscal year. Such report shall be printed as a House document
of the session of the Congress to which the report is made.
(2)(A) The Secretary of the Treasury shall invest such
portion of the Trust Fund as is not, in his judgment, required
to meet current withdrawals. Such investments may be made only
in interestbearing obligations of the United States. For such
purpose, such obligations may be acquired--
(i) on original issue at the issue price, or
(ii) by purchase of outstanding obligations at the
market price.
(B) Any obligation acquired by the Trust Fund may be sold by
the Secretary of the Treasury at the market price.
(C) The interest on, and the proceeds from the sale or
redemption of, any obligations held in the Trust Fund shall be
credited to and form a part of the Trust Fund.
(d)(1) Amounts in the Trust Fund shall be available--
(A) for the payment of drawbacks and refunds of the
duty imposed by section 287 that are allowable under
any other provision of Federal law,
(B) as provided in appropriation Acts--
(i) for expenditures that are required to
carry out the provisions of chapters 2 and 3,
including administrative costs, and
(ii) for payments required under subsection
(e)(2).
(2) None of the amounts in the Trust Fund shall be available
for the payment of loans guaranteed under chapter 3 or for any
other expenses relating to financial assistance provided under
chapter 3.
(3)(A) If the total amount of funds expended in any fiscal
year to carry out chapters 2 and 3 (including administrative
costs) exceeds an amount equal to 0.15 percent of the total
value of all articles upon which a duty was imposed by section
287 during the preceding 1-year period, the Secretary of Labor
and the Secretary of Commerce (in consultation with the
Secretary of the Treasury) shall, notwithstanding any provision
of chapter 2 or 3, make a pro rata reduction in--
(i) the amounts of the trade readjustment allowances
that are paid under part I of subchapter B of chapter
2, and
(ii) the assistance provided under chapter 3,
to ensure (based on estimates of the amount of funds that will
be necessary to carry out chapters 2 and 3, and of the amount
of revenue that will be raised by section 287, during the
remainder of such fiscal year and for the fiscal year
succeeding such fiscal year) that all workers and firms
eligible for assistance under chapter 2 or 3 receive some
assistance under chapter 2 or 3 and that the expenditures made
in providing such assistance during the remainder of such
fiscal year and the fiscal year succeeding such fiscal year do
not exceed the amount of funds available in the Trust Fund to
pay for such expenditures.
(B) No reduction may be made under this paragraph in the
amount of any trade readjustment allowance payable under part I
of subchapter B of chapter 2 to any worker who received such
trade readjustment allowance under such part for the week
preceding the first week for which such reduction is otherwise
being made under this paragraph.
(C) If a pro rata reduction made under subparagraph (A) is in
effect at the close of a fiscal year, the Secretary of Labor
and the Secretary of Commerce, in consultation with the
Secretary of the Treasury, may adjust or modify such reduction
at the beginning of the fiscal year succeeding such fiscal
year, based on estimates of the amount of funds that will be
necessary to carry out chapters 2 and 3, and of the amount of
revenue that will be raised by section 287, during that
succeeding fiscal year.
(D) Any pro rata reduction made under subparagraph (A), and
any pro rata reduction adjusted or modified under subparagraph
(C), shall cease to apply after the week in which--
(i) a 1-year period ends during which the total
amount of funds that would have been expended to carry
out chapters 2 and 3, including administrative costs,
if such reduction were not in effect did not exceed an
amount equal to 0.15 percent of the total value of all
articles upon which a duty was imposed during such 1-
year period, or
(ii) the Secretary of Labor and the Secretary of
Commerce, in consultation with the Secretary of the
Treasury, determine that the amount of funds available
in the Trust Fund are sufficient to carry out chapters
2 and 3 without such reduction.
(e)(1)(A) There are authorized to be appropriated to the
Trust Fund, as repayable advances, such sums as may from time
to time be necessary to make the expenditures described in
subsection (d)(1)(B).
(B) Any advance appropriated to the Trust Fund under the
authority of subparagraph (A) may be paid to the Trust Fund
only to the extent that the total amount of advances paid
during the fiscal year to the Trust Fund from any appropriation
authorized under subparagraph (A) that are outstanding after
such advance is paid to the Trust Fund does not exceed the
lesser of--
(i) the excess of--
(I) the total amount of funds that the
Secretary of the Treasury (in consultation with
the Secretary of Labor and the Secretary of
Commerce) estimates will be necessary for the
payments and expenditures described in
subparagraphs (A) and (B) of subsection (d)(1)
for such fiscal year, over
(II) the total amount of funds that the
Secretary of the Treasury estimates will be
available in the Trust Fund during the fiscal
year (determined without regard to any advances
made under this subsection during such fiscal
year), or
(ii) the excess of--
(I) an amount equal to 0.15 percent of the
total value of all articles upon which the
Secretary of the Treasury estimates a duty will
be imposed by section 287 during such fiscal
year, over
(II) the amount described in clause (i)(II).
(2) Advances made to the Trust Fund from appropriations
authorized under paragraph (1)(A) shall be repaid, and interest
on such advances shall be paid, to the general fund of the
Treasury of the United States when the Secretary of the
Treasury determines that sufficient funds are available in the
Trust Fund for such purposes.
(3) Interest on advances made from appropriations authorized
under paragraph (1)(A) shall be at a rate determined by the
Secretary of the Treasury (as of the close of the calendar
month preceding the month in which the advance is made) to be
equal to the current average market yield on outstanding
marketable obligations of the United States with remaining
periods to maturity comparable to the anticipated period during
which the advance will be outstanding.
SEC. 287.\254\ IMPOSITION OF ADDITIONAL FEE.
(a) In addition to any other fee imposed by law, there is
hereby imposed a fee on all articles entered, or withdrawn from
warehouse, for consumption in the customs territory of the
United States during any fiscal year.
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\254\ 19 U.S.C. 2397. Sec. 1428(b) of Public Law 100-418 (102 Stat.
1255) added sec. 287.
Sec. 1430(b) of Public Law 100-418 stated the following regarding
additional fee:
``(b) Additional Fee.--
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``(1) Except as otherwise provided in this subsection, the amendment made
by section 1428(b) shall apply (if at all) to any article entered, or
withdrawn from warehouse for consumption, after the date that is 30 days
after the earlier of--
``(A) the date on which the President submits to the Congress the written
statement described in section 1428(a)(3)(A),
``(B) the date that is 2 years after the date of enactment of this Act,
or
``(C) the date of the enactment of a disapproval resolution that passes
both Houses of the Congress within the 90-day period beginning on the date
that is 2 years after the date of enactment of this Act.
``(2) If the President determines on the date that is 2 years after the
date of enactment of this Act that the fee imposed by the amendment made by
section 1428(b) is not in the national economic interest, subparagraph (B)
of paragraph (1) shall not be taken into account in applying the provisions
of paragraph (1).
``(3) The amendment made by section 1428(b) shall apply (if at all) to
the products of any foreign country described in section 1428(a)(1)(B) that
are entered, or withdrawn from warehouse for consumption, after the later
of--
``(A) the first date on which the fee imposed by such amendment applies
with respect to products of foreign countries that are not described in
section 1428(a)(1)(B), or
``(B) the date on which the President submits to the Congress the written
statement described in section 1428(a)(3)(B) certifying the consent of such
foreign country to the imposition of the fee.''.
(b)(1) The rate of the fee imposed by subsection (a) shall be
a uniform ad valorem rate proclaimed by the President that is
equal to the lesser of--
(A) 0.15 percent, or
(B) the percentage that is sufficient to provide the
funding necessary to--
(i) carry out the provisions of chapters 2
and 3, and
(ii) repay any advances made under section
286(e).
(2) The President shall issue a proclamation setting forth
the rate of the fee imposed by subsection (a) by no later than
the date that is 15 days before the first date on which a fee
is imposed under subsection (a).
(3)(A) For each fiscal year succeeding the first fiscal year
in which a fee is imposed under subsection (a), the President
shall issue a proclamation adjusting the rate of the fee
imposed by subsection (a) during such fiscal year to the ad
valorem rate that meets the requirements of paragraph (1) for
such fiscal year.
(B) Any proclamation issued under subparagraph (A) for a
fiscal year shall be issued at least 30 days before the
beginning of such fiscal year.
(c)(1) Except as otherwise provided in this subsection, duty-
free treatment provided with respect to any article under any
other provision of law shall not prevent the imposition of a
fee with respect to such article by subsection (a).
(2) No fee shall be imposed by subsection (a) with respect
to--
(A) any article (other than an article provided for
in item 870.40, 870.45, 870.50, 870.55, or 870.60 of
the Tariff Schedules of the United States) that is
treated as duty-free under schedule 8 of the Tariff
Schedules of the United States, or
(B) any article which has a value of less than
$1,000.
Chapter 6--Adjustment Assistance for Farmers
SEC. 291.\255\ DEFINITIONS.
In this chapter:
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\255\ 19 U.S.C. 2401. Sec. 141(a) of the Trade Adjustment
Assistance Reform Act of 2002 (division A of Public Law 107-210; 116
Stat. 947) added sec. 291. Sec. 141(b) of Public Law 107-210, enacted
on August 6, 2006, provided that this amendment would take effect 180
days after enactment of the Act.
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(1) Agricultural commodity.--The term ``agricultural
commodity'' means any agricultural commodity (including
livestock) in its raw or natural state.
(2) Agricultural commodity producer.--The term
``agricultural commodity producer'' has the same
meaning as the term ``person'' as prescribed by
regulations promulgated under section 1001(5) of the
Food Security Act of 1985 (7 U.S.C. 1308(5)).
(3) Contributed importantly.--
(A) In general.--The term ``contributed
importantly'' means a cause which is important
but not necessarily more important than any
other cause.
(B) Determination of contributed
importantly.--The determination of whether
imports of articles like or directly
competitive with an agricultural commodity with
respect to which a petition under this chapter
was filed contributed importantly to a decline
in the price of the agricultural commodity
shall be made by the Secretary.
(4) Duly authorized representative.--The term ``duly
authorized representative'' means an association of
agricultural commodity producers.
(5) National average price.--The term ``national
average price'' means the national average price paid
to an agricultural commodity producer for an
agricultural commodity in a marketing year as
determined by the Secretary.
(6) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
SEC. 292.\256\ PETITIONS; GROUP ELIGIBILITY.
(a) In General.--A petition for a certification of
eligibility to apply for adjustment assistance under this
chapter may be filed with the Secretary by a group of
agricultural commodity producers or by their duly authorized
representative. Upon receipt of the petition, the Secretary
shall promptly publish notice in the Federal Register that the
Secretary has received the petition and initiated an
investigation.
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\256\ 19 U.S.C. 2401a. Sec. 141(a) of the Trade Adjustment
Assistance Reform Act of 2002 (division A of Public Law 107-210; 116
Stat. 947) added sec. 292. Sec. 141(b) of Public Law 107-210, enacted
on August 6, 2006, provided that this amendment would take effect 180
days after enactment of the Act.
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(b) Hearings.--If the petitioner, or any other person found
by the Secretary to have a substantial interest in the
proceedings, submits not later than 10 days after the date of
the Secretary's publication under subsection (a) a request for
a hearing, the Secretary shall provide for a public hearing and
afford such interested person an opportunity to be present, to
produce evidence, and to be heard.
(c) Group Eligibility Requirements.--The Secretary shall
certify a group of agricultural commodity producers as eligible
to apply for adjustment assistance under this chapter if the
Secretary determines--
(1) that the national average price for the
agricultural commodity, or a class of goods within the
agricultural commodity, produced by the group for the
most recent marketing year for which the national
average price is available is less than 80 percent of
the average of the national average price for such
agricultural commodity, or such class of goods, for the
5 marketing years preceding the most recent marketing
year; and
(2) that increases in imports of articles like or
directly competitive with the agricultural commodity,
or class of goods within the agricultural commodity,
produced by the group contributed importantly to the
decline in price described in paragraph (1).
(d) Special Rule for Qualified Subsequent Years.--A group
of agricultural commodity producers certified as eligible under
section 293 shall be eligible to apply for assistance under
this chapter in any qualified year after the year the group is
first certified, if the Secretary determines that--
(1) the national average price for the agricultural
commodity, or class of goods within the agricultural
commodity, produced by the group for the most recent
marketing year for which the national average price is
available is equal to or less than the price determined
under subsection (c)(1); and
(2) the requirements of subsection (c)(2) are met.
(e) Determination of Qualified Year and Commodity.--In this
chapter:
(1) Qualified year.--The term ``qualified year'',
with respect to a group of agricultural commodity
producers certified as eligible under section 293,
means each consecutive year after the year in which the
group is certified and in which the Secretary makes the
determination under subsection (c) or (d), as the case
may be.
(2) Classes of goods within a commodity.--In any case
in which there are separate classes of goods within an
agricultural commodity, the Secretary shall treat each
class as a separate commodity in determining group
eligibility, the national average price, and level of
imports under this section and section 296.
SEC. 293.\257\ DETERMINATIONS BY SECRETARY OF AGRICULTURE.
(a) In General.--As soon as practicable after the date on
which a petition is filed under section 292, but in any event
not later than 40 days after that date, the Secretary shall
determine whether the petitioning group meets the requirements
of section 292 (c) or (d), as the case may be, and shall, if
the group meets the requirements, issue a certification of
eligibility to apply for assistance under this chapter covering
agricultural commodity producers in any group that meets the
requirements. Each certification shall specify the date on
which eligibility under this chapter begins.
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\257\ 19 U.S.C. 2401b. Sec. 141(a) of the Trade Adjustment
Assistance Reform Act of 2002 (division A of Public Law 107-210; 116
Stat. 948) added sec. 293. Sec. 141(b) of Public Law 107-210, enacted
on August 6, 2006, provided that this amendment would take effect 180
days after enactment of the Act.
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(b) Notice.--Upon making a determination on a petition, the
Secretary shall promptly publish a summary of the determination
in the Federal Register, together with the Secretary's reasons
for making the determination.
(c) Termination of Certification.--Whenever the Secretary
determines, with respect to any certification of eligibility
under this chapter, that the decline in price for the
agricultural commodity covered by the certification is no
longer attributable to the conditions described in section 292,
the Secretary shall terminate such certification and promptly
cause notice of such termination to be published in the Federal
Register, together with the Secretary's reasons for making such
determination.
SEC. 294.\258\ STUDY BY SECRETARY OF AGRICULTURE WHEN INTERNATIONAL
TRADE COMMISSION BEGINS INVESTIGATION.
(a) In General.--Whenever the International Trade
Commission (in this chapter referred to as the ``Commission'')
begins an investigation under section 202 with respect to an
agricultural commodity, the Commission shall immediately notify
the Secretary of the investigation. Upon receipt of the
notification, the Secretary shall immediately conduct a study
of--
---------------------------------------------------------------------------
\258\ 19 U.S.C. 2401c. Sec. 141(a) of the Trade Adjustment
Assistance Reform Act of 2002 (division A of Public Law 107-210; 116
Stat. 949) added sec. 294. Sec. 141(b) of Public Law 107-210, enacted
on August 6, 2006, provided that this amendment would take effect 180
days after enactment of the Act.
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(1) the number of agricultural commodity producers
producing a like or directly competitive agricultural
commodity who have been or are likely to be certified
as eligible for adjustment assistance under this
chapter, and
(2) the extent to which the adjustment of such
producers to the import competition may be facilitated
through the use of existing programs.
(b) Report.--Not later than 15 days after the day on which
the Commission makes its report under section 202(f), the
Secretary shall submit a report to the President setting forth
the findings of the study described in subsection (a). Upon
making the report to the President, the Secretary shall also
promptly make the report public (with the exception of
information which the Secretary determines to be confidential)
and shall have a summary of the report published in the Federal
Register.
* * * * * * *
TITLE III--RELIEF FROM UNFAIR TRADE PRACTICES
Chapter 1--Enforcement of United States Rights Under Trade Agreements
and Response to Certain Foreign Trade Practices \259\
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\259\ Sec. 901 of the Trade Agreements Act of 1979 (Public Law 96-
39; 93 Stat. 295) amended and restated ch. 1. Former secs. 301 and 302,
entitled ``responses to certain trade practices of foreign
governments'' and ``procedures for congressional disapproval of certain
actions taken under section 301,'' respectively, were replaced and new
secs. 303 through 306 were added.
Sec. 1301(a) of the Omnibus Trade and Competitiveness Act of 1988
(Public Law 100-418; 102 Stat. 1164) comprehensively amended ch. 1.
Sec. 1301(c) of that Act stated the following:
``(c) Effective Date.--The amendments made by this section shall
apply to--
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``(1) petitions filed, and investigations initiated, under section 302 of
the Trade Act of 1974 on or after the date of the enactment of this Act;
and
``(2) petitions filed, and investigations initiated, before the date of
enactment of this Act, if by that date no decision had been made under
section 304 regarding the petition or investigation.''.
SEC. 301.\260\ ACTIONS BY UNITED STATES TRADE REPRESENTATIVE.
(a) Mandatory Action.--
---------------------------------------------------------------------------
\260\ 19 U.S.C. 2411.
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(1) If the United States Trade Representative
determines under section 304(a)(1) that--
(A) the rights of the United States under any
trade agreement are being denied; or
(B) an act, policy, or practice of a foreign
country--
(i) violates, or is inconsistent
with, the provisions of, or otherwise
denies benefits to the United States
under, any trade agreement, or
(ii) is unjustifiable and burdens or
restricts United States commerce;
the Trade Representative shall take action authorized
in subsection (c), subject to the specific direction,
if any, of the President regarding any such action, and
shall take all other appropriate and feasible action
within the power of the President that the President
may direct the Trade Representative to take under this
subsection, to enforce such rights or to obtain the
elimination of such act, policy, or practice. Actions
may be taken that are within the power of the President
with respect to trade in any goods or services, or with
respect to any other area of pertinent relations with
the foreign country.\261\
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\261\ Sec. 314(a)(1) of Public Law 103-465 (108 Stat. 4939)
inserted the sentence ``Actions may be taken that are within the power
of the President with respect to trade in any goods or services, or
with respect to any other area of pertinent relations with the foreign
country.''.
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(2) The Trade Representative is not required to take
action under paragraph (1) in any case in which-- \262\
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\262\ Executive Order 13155 of May 10, 2000 (65 F.R. 30521) stated,
in part:
``the United States shall not seek, through negotiations or
otherwise, the revocation or revision of any intellectual property law
or policy of a beneficiary sub-Saharan African country, as determined
by the President, that regulates HIV/AIDS or medical technologies if
the law or policy of the country:
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``(1) promotes access to HIV/AIDS pharmaceuticals or medical technologies
for affected populations in that country; and
``(2) provides adequate and effective intellectual property protection
consistent with the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement) referred to in section 101(d)(15) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)15).''.
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The full text of Executive Order 13155 can be found on page 925.
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(A) the Dispute Settlement Body (as defined
in section 121(5) of the Uruguay Round
Agreements Act) has adopted a report,\263\ or a
ruling issued under the formal dispute
settlement proceeding provided under any other
trade agreement finds, that--
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\263\ Sec. 621(a)(9) of Public Law 103-465 (108 Stat. 4993) struck
out ``the Contracting Parties to the General Agreement on Tariffs and
Trade have determined, a panel of experts has reported to the
Contracting Parties,'' and inserted in lieu thereof ``the Dispute
Settlement Body (as defined in section 121(5) of the Uruguay Round
Agreements Act) has adopted a report,''.
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(i) the rights of the United States
under a trade agreement are not being
denied, or
(ii) the act, policy, or practice--
(I) is not a violation of, or
inconsistent with, the rights
of the United States, or
(II) does not deny, nullify,
or impair benefits to the
United States under any trade
agreement; or
(B) the Trade Representative finds that--
(i) the foreign country is taking
satisfactory measures to grant the
rights of the United States under a
trade agreement,
(ii) the foreign country has--
(I) agreed to eliminate or
phase out the act, policy, or
practice, or
(II) agreed to an imminent
solution to the burden or
restriction on United States
commerce that is satisfactory
to the Trade Representative,
(iii) it is impossible for the
foreign country to achieve the results
described in clause (i) or (ii), as
appropriate, but the foreign country
agrees to provide to the United States
compensatory trade benefits that are
satisfactory to the Trade
Representative,
(iv) in extraordinary cases, where
the taking of action under this
subsection would have an adverse impact
on the United States economy
substantially out of proportion to the
benefits of such action, taking into
account the impact of not taking such
action on the credibility of the
provisions of this chapter, or
(v) the taking of action under this
subsection would cause serious harm to
the national security of the United
States.
(3) Any action taken under paragraph (1) to eliminate
an act, policy, or practice shall be devised so as to
affect goods or services of the foreign country in an
amount that is equivalent in value to the burden or
restriction being imposed by that country on United
States commerce.
(b) Discretionary Action.--If the Trade Representative
determines under section 304(a)(1) that--
(1) an act, policy, or practice of a foreign country
is unreasonable or discriminatory and burdens or
restricts United States commerce, and
(2) action by the United States is appropriate, the
Trade Representative shall take all appropriate and
feasible action authorized under subsection (c),
subject to the specific direction, if any, of the
President regarding any such action, and all other
appropriate and feasible action within the power of the
President that the President may direct the Trade
Representative to take under this subsection, to obtain
the elimination of that act, policy, or practice.
Actions may be taken that are within the power of the
President with respect to trade in any goods or
services, or with respect to any other area of
pertinent relations with the foreign country.\264\
---------------------------------------------------------------------------
\264\ Sec. 314(a)(1) of Public Law 103-465 (108 Stat. 4939)
inserted the sentence ``Actions may be taken that are within the power
of the President with respect to trade in any goods or services, or
with respect to any other area of pertinent relations with the foreign
country.''.
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(c) Scope of Authority.--
(1) For purposes of carrying out the provisions of
subsection (a) or (b), the Trade Representative is
authorized to--
(A) suspend, withdraw, or prevent the
application of, benefits of trade agreement
concessions to carry out a trade agreement with
the foreign country referred to in such
subsection;
(B) impose duties or other import
restrictions on the goods of, and,
notwithstanding any other provision of law,
fees or restrictions on the services of, such
foreign country for such time as the Trade
Representative determines appropriate; \265\
---------------------------------------------------------------------------
\265\ Sec. 314(b)(1) of Public Law 103-465 (108 Stat. 4939) struck
out ``or'' at the end of subpara. (B).
---------------------------------------------------------------------------
(C) \266\ in a case in which the act, policy,
or practice also fails to meet the eligibility
criteria for receiving duty-free treatment
under subsections (b) and (c) of section 502 of
this Act, subsections (b) and (c) of section
212 of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2702(b) and (c)), or subsections
(c) and (d) of section 203 of the Andean Trade
Preference Act (19 U.S.C. 3202(c) and (d)),
withdraw, limit, or suspend such treatment
under such provisions, notwithstanding the
provisions of subsection (a)(3) of this
section; or
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\266\ Sec. 314(b)(1) of Public Law 103-465 (108 Stat. 4939)
redesignated subpara. (C) as subpara. (D), and added a new subpara.
(C).
---------------------------------------------------------------------------
(D) \266\ enter into binding agreements with
such foreign country that commit such foreign
country to--
(i) eliminate, or phase out, the act,
policy, or practice that is the subject
of the action to be taken under
subsection (a) or (b),
(ii) eliminate any burden or
restriction on United States commerce
resulting from such act, policy, or
practice, or
(iii) provide the United States with
compensatory trade benefits that--
(I) are satisfactory to the
Trade Representative, and
(II) meet the requirements of
paragraph (4).
(2)(A) Notwithstanding any other provision of law
governing any service sector access authorization, and
in addition to the authority conferred in paragraph
(1), the Trade Representative may, for purposes of
carrying out the provisions of subsection (a) or (b)--
(i) restrict, in the manner and to the extent
the Trade Representative determines
appropriate, the terms and conditions of any
such authorization, or
(ii) deny the issuance of any such
authorization.
(B) Actions described in subparagraph (A) may only be
taken under this section with respect to service sector
access authorizations granted, or applications therefor
pending, on or after the date on which--
(i) a petition is filed under section 302(a),
or
(ii) a determination to initiate an
investigation is made by the Trade
Representative under section 302(b).
(C) Before the Trade Representative takes any action
under this section involving the imposition of fees or
other restrictions on the services of a foreign
country, the Trade Representative shall, if the
services involved are subject to regulation by any
agency of the Federal Government or of any State,
consult, as appropriate, with the head of the agency
concerned.
(3) The actions the Trade Representative is
authorized to take under subsection (a) or (b) may be
taken against any goods or economic sector--
(A) on a nondiscriminatory basis or solely
against the foreign country described in such
subsection, and
(B) without regard to whether or not such
goods or economic sector were involved in the
act, policy, or practice that is the subject of
such action.
(4) Any trade agreement described in paragraph
(1)(D)(iii) \267\ shall provide compensatory trade
benefits that benefit the economic sector which
includes the domestic industry that would benefit from
the elimination of the act, policy, or practice that is
the subject of the action to be taken under subsection
(a) or (b), or benefit the economic sector as closely
related as possible to such economic sector, unless--
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\267\ Sec. 20(c)(4) of Public Law 104-295 (110 Stat. 3528) struck
out ``paragraph (1)(C)(iii)'' and inserted in lieu thereof ``paragraph
(1)(D)(iii)''.
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(A) the provision of such trade benefits is
not feasible, or
(B) trade benefits that benefit any other
economic sector would be more satisfactory than
such trade benefits.
(5) \268\ If the Trade Representative determines that
actions to be taken under subsection (a) or (b) are to
be in the form of import restrictions, the Trade
Representative shall--
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\268\ Sec. 314(a)(2) of Public Law 103-465 (108 Stat. 4939) amended
para. (5) through subpara. (A).
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(A) \268\ give preference to the imposition
of duties over the imposition of other import
restrictions, and
(B) if an import restriction other than a
duty is imposed, consider substituting, on an
incremental basis, an equivalent duty for such
other import restriction.
(6) Any action taken by the Trade Representative
under this section with respect to export targeting
shall, to the extent possible, reflect the full benefit
level of the export targeting to the beneficiary over
the period during which the action taken has an effect.
(d) Definitions and Special Rules.--For purposes of this
chapter--
(1) The term ``commerce'' includes, but is not
limited to--
(A) services (including transfers of
information) associated with international
trade, whether or not such services are related
to specific goods, and
(B) foreign direct investment by United
States persons with implications for trade in
goods or services.
(2) An act, policy, or practice of a foreign country
that burdens or restricts United States commerce may
include the provision, directly or indirectly, by that
foreign country of subsidies for the construction of
vessels used in the commercial transportation by water
of goods between foreign countries and the United
States.
(3)(A) An act, policy, or practice is unreasonable if
the act, policy, or practice, while not necessarily in
violation of, or inconsistent with, the international
legal rights of the United States, is otherwise unfair
and inequitable.
(B) Acts, policies, and practices that are
unreasonable include, but are not limited to, any act,
policy, or practice, or any combination of acts,
policies, or practices, which--
(i) denies fair and equitable--
(I) opportunities for the
establishment of an enterprise,
(II) \269\ provision of adequate and
effective protection of intellectual
property rights notwithstanding the
fact that the foreign country may be in
compliance with the specific
obligations of the Agreement on Trade-
Related Aspects of Intellectual
Property Rights referred to in section
101(d)(15) of the Uruguay Round
Agreements Act,
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\269\ Sec. 314(c)(I) of Public Law 103-465 (108 Stat. 4940) amended
subclauses (II) and (III), and added a new subclause (IV).
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(III) \269\ nondiscriminatory market
access opportunities for United States
persons that rely upon intellectual
property protection, or
(IV) \269\ market opportunities,
including the toleration by a foreign
government of systematic
anticompetitive activities by
enterprises or among enterprises in the
foreign country that have the effect of
restricting, on a basis that is
inconsistent with commercial
considerations, access of United States
goods or services to a foreign market,
(ii) constitutes export targeting, or
(iii) constitutes a persistent pattern of
conduct that--
(I) denies workers the right of
association,
(II) denies workers the right to
organize and bargain collectively,
(III) permits any form of forced or
compulsory labor,
(IV) fails to provide a minimum age
for the employment of children, or
(V) fails to provide standards for
minimum wages, hours of work, and
occupational safety and health of
workers.
(C)(i) Acts, policies, and practices of a foreign
country described in subparagraph (B)(iii) shall not be
treated as being unreasonable if the Trade
Representative determines that--
(I) the foreign country has taken, or is
taking, actions that demonstrate a significant
and tangible overall advancement in providing
throughout the foreign country (including any
designated zone within the foreign country) the
rights and other standards described in the
subclauses of subparagraph (B)(iii), or
(II) such acts, policies, and practices are
not inconsistent with the level of economic
development of the foreign country.
(ii) The Trade Representative shall publish in the
Federal Register any determination made under clause
(i), together with a description of the facts on which
such determination is based.
(D) For purposes of determining whether any act,
policy, or practice is unreasonable, reciprocal
opportunities in the United States for foreign
nationals and firms shall be taken into account, to the
extent appropriate.
(E) The term ``export targeting'' means any
government plan or scheme consisting of a combination
of coordinated actions (whether carried out severally
or jointly) that are bestowed on a specific enterprise,
industry, or group thereof, the effect of which is to
assist the enterprise, industry, or group to become
more competitive in the export of a class or kind of
merchandise.
(F) \270\ (i) For the purposes of subparagraph
(B)(i)(II), adequate and effective protection of
intellectual property rights includes adequate and
effective means under the laws of the foreign country
for persons who are not citizens or nationals of such
country to secure, exercise, and enforce rights and
enjoy commercial benefits relating to patents,
trademarks, copyrights and related rights, mask works,
trade secrets, and plant breeder's rights.
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\270\ Sec. 314(c)(2) of Public Law 103-465 (108 Stat. 4940) added
subpara. (F).
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(ii) For purposes of subparagraph (B)(i)(IV), the
denial of fair and equitable nondiscriminatory market
access opportunities includes restrictions on market
access related to the use, exploitation, or enjoyment
of commercial benefits derived from exercising
intellectual property rights in protected works or
fixations or products embodying protected works.
(4)(A) An act, policy, or practice is unjustifiable
if the act, policy, or practice is in violation of, or
inconsistent with, the international legal rights of
the United States.
(B) Acts, policies, and practices that are
unjustifiable include, but are not limited to, any act,
policy, or practice described in subparagraph (A) which
denies national or most-favored-nation treatment or the
right of establishment or protection of intellectual
property rights.
(5) Acts, policies, and practices that are
discriminatory include, when appropriate, any act,
policy, and practice which denies national or most-
favored-nation treatment to United States goods,
services, or investment.
(6) The term ``service sector access authorization''
means any license, permit, order, or other
authorization, issued under the authority of Federal
law, that permits a foreign supplier of services access
to the United States market in a service sector
concerned.
(7) The term ``foreign country'' includes any foreign
instrumentality. Any possession or territory of a
foreign country that is administered separately for
customs purposes shall be treated as a separate foreign
country.
(8) The term ``Trade Representative'' means the
United States Trade Representative.
(9) The term ``interested persons'', only for
purposes of sections 302(a)(4)(B), 304(b)(1)(A),
306(c)(2), and 307(a)(2), includes, but is not limited
to, domestic firms and workers, representatives of
consumer interests, United States product exporters,
and any industrial user of any goods or services that
may be affected by actions taken under subsection (a)
or (b).
SEC. 302.\271\ INITIATION OF INVESTIGATIONS.
(a) Petitions.--
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\271\ 19 U.S.C. 2412.
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(1) Any interested person may file a petition with
the Trade Representative requesting that action be
taken under section 301 and setting forth the
allegations in support of the request.
(2) The Trade Representative shall review the
allegations in any petition filed under paragraph (1)
and, not later than 45 days after the date on which the
Trade Representative received the petition, shall
determine whether to initiate an investigation.
(3) If the Trade Representative determines not to
initiate an investigation with respect to a petition,
the Trade Representative shall inform the petitioner of
the reasons therefor and shall publish notice of the
determination, together with a summary of such reasons,
in the Federal Register.
(4) If the Trade Representative makes an affirmative
determination under paragraph (2) with respect to a
petition, the Trade Representative shall initiate an
investigation regarding the issues raised in the
petition. The Trade Representative shall publish a
summary of the petition in the Federal Register and
shall, as soon as possible, provide opportunity for the
presentation of views concerning the issues, including
a public hearing--
(A) within the 30-day period beginning on the
date of the affirmative determination (or on a
date after such period if agreed to by the
petitioner) if a public hearing within such
period is requested in the petition, or
(B) at such other time if a timely request
therefor is made by the petitioner or by any
interested person.
(b) Initiation of Investigation by Means Other Than
Petition.--
(1)(A) \272\ If the Trade Representative determines
that an investigation should be initiated under this
chapter with respect to any matter in order to
determine whether the matter is actionable under
section 301, the Trade Representative shall publish
such determination in the Federal Register and shall
initiate such investigation.
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\272\ The U.S. Trade Representative initiated such an investigation
with respect to certain acts, policies and practices of the People's
Republic of China on October 10, 1991 (56 F.R. 51943; October 16,
1991).
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(B) The Trade Representative shall, before making any
determination under subparagraph (A), consult with
appropriate committees established pursuant to section
135.
(2)(A) By no later than the date that is 30 days
after the date on which a country is identified under
section 182(a)(2), the Trade Representative shall
initiate an investigation under this chapter with
respect to any act, policy, or practice of that country
that--
(i) was the basis for such identification,
and
(ii) is not at that time the subject of any
other investigation or action under this
chapter.
(B) The Trade Representative is not required under
subparagraph (A) to initiate an investigation under
this chapter with respect to any act, policy, or
practice of a foreign country if the Trade
Representative determines that the initiation of the
investigation would be detrimental to United States
economic interests.
(C) If the Trade Representative makes a determination
under subparagraph (B) not to initiate an
investigation, the Trade Representative shall submit to
the Congress a written report setting forth, in
detail--
(i) the reasons for the determination, and
(ii) the United States economic interests
that would be adversely affected by the
investigation.
(D) The Trade Representative shall, from time to
time, consult with the Register of Copyrights, the
Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark
Office,\273\ and other appropriate officers of the
Federal Government, during any investigation initiated
under this chapter by reason of subparagraph (A).
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\273\ Sec. 4732(b)(9) of Public Law 106-113 (113 Stat. 1501A-584)
struck out ``Commissioner of Patents and Trademarks'' and inserted in
lieu thereof ``Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office''.
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(c) Discretion.--In determining whether to initiate an
investigation under subsection (a) or (b) of any act, policy,
or practice that is enumerated in any provision of section
301(d), the Trade Representative shall have discretion to
determine whether action under section 301 would be effective
in addressing such act, policy, or practice.
SEC. 303.\274\ CONSULTATION UPON INITIATION OF INVESTIGATION.
(a) In General.--
---------------------------------------------------------------------------
\274\ 19 U.S.C. 2413.
---------------------------------------------------------------------------
(1) On the date on which an investigation is
initiated under section 302, the Trade Representative,
on behalf of the United States, shall request
consultations with the foreign country concerned
regarding the issues involved in such investigation.
(2) If the investigation initiated under section 302
involves a trade agreement and a mutually acceptable
resolution is not reached before the earlier of--
(A) the close of the consultation period, if
any, specified in the trade agreement, or
(B) the 150th day after the day on which
consultation was commenced,
the Trade Representative shall promptly request
proceedings on the matter under the formal dispute
settlement procedures provided under such agreement.
(3) The Trade Representative shall seek information
and advice from the petitioner (if any) and the
appropriate committees established pursuant to section
135 in preparing United States presentations for
consultations and dispute settlement proceedings.
(b) Delay of Request for Consultations.--
(1) Notwithstanding the provisions of subsection
(a)--
(A) the United States Trade Representative
may, after consulting with the petitioner (if
any), delay for up to 90 days any request for
consultations under subsection (a) for the
purpose of verifying or improving the petition
to ensure an adequate basis for consultation,
and
(B) if such consultations are delayed by
reason of subparagraph (A), each time
limitation under section 304 shall be extended
for the period of such delay.
(2) The Trade Representative shall--
(A) publish notice of any delay under
paragraph (1) in the Federal Register, and
(B) report to Congress on the reasons for
such delay in the report required under section
309(a)(3).
SEC. 304.\275\ DETERMINATIONS BY THE TRADE REPRESENTATIVE.
(a) In General.--
---------------------------------------------------------------------------
\275\ 19 U.S.C. 2414.
---------------------------------------------------------------------------
(1) On the basis of the investigation initiated under
section 302 and the consultations (and the proceedings,
if applicable) under section 303, the Trade
Representative shall--
(A) determine whether--
(i) the rights to which the United
States is entitled under any trade
agreement are being denied, or
(ii) any act, policy, or practice
described in subsection (a)(1)(B) or
(b)(1) of section 301 exists, and
(B) if the determination made under
subparagraph (A) is affirmative, determine what
action, if any, the Trade Representative should
take under subsection (a) or (b) of section
301.
(2) The Trade Representative shall make the
determinations required under paragraph (1) on or
before--
(A) in the case of an investigation involving
a trade agreement,\276\ except an investigation
initiated pursuant to section 302(b)(2)(A)
involving rights under the Agreement on Trade-
Related Aspects of Intellectual Property Rights
(referred to in section 101(d)(15) of the
Uruguay Round Agreements Act) or the GATT 1994
(as defined in section 2(1)(B) of that Act)
relating to products subject to intellectual
property protection,\277\ the earlier of--
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\276\ Sec. 314(d)(1) of Public Law 103-465 (108 Stat. 4940) struck
out ``(other than the agreement on subsidies and countervailing
measures described in section 2(c)(5) of the Trade Agreements Act of
1979)'' after ``a trade agreement''.
\277\ Sec. 2201(a) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2598) inserted
``except an investigation initiated pursuant to section 302(b)(2)(A)
involving rights under the Agreement on Trade-Related Aspects of
Intellectual Property Rights (referred to in section 101(d)(15) of the
Uruguay Round Agreements Act) or the GATT 1994 (as defined in section
2(1)(B) of that Act) relating to products subject to intellectual
property protection,''.
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(i) the date that is 30 days after
the date on which the dispute
settlement procedure is concluded, or
(ii) the date that is 18 months after
the date on which the investigation is
initiated, or
(B) in all cases not described in
subparagraph (A) or paragraph (3), the date
that is 12 months after the date on which the
investigation is initiated.
(3)(A) \278\ If an investigation is initiated under
this chapter by reason of section 302(b)(2) and--
(i) the Trade Representative considers that
rights under the Agreement on Trade-Related
Aspects of Intellectual Property Rights or the
GATT 1994 relating to products subject to
intellectual property protection are involved,
the Trade Representative shall make the
determination required under paragraph (1) not
later than 30 days after the date on which the
dispute settlement procedure is concluded; or
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\278\ Sec. 2201(b) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2599) amended
and restated para. (3)(A). Previously, sec. 20(c)(6) of Public Law 104-
295 (110 Stat. 3528) and sec. 314(d)(2)(A) of Public Law 103-465 (108
Stat. 4940) had amended para. (3)(A).
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(ii) the Trade Representative does not
consider that a trade agreement, including the
Agreement on Trade-Related Aspects of
Intellectual Property Rights, is involved or
does not make a determination described in
subparagraph (B) with respect to such
investigation, the Trade Representative shall
make the determinations required under
paragraph (1) with respect to such
investigation not later than the date that is 6
months after the date on which such
investigation is initiated.
(B) If the Trade Representative determines with
respect to an investigation initiated by reason of
section 302(b)(2) (other than an investigation
involving a trade agreement) \279\ that--
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\279\ Sec. 314(d)(2)(B) of Public Law 103-465 (108 Stat. 4940)
struck out ``any investigation initiated by reason of section
302(b)(2)'' and inserted in lieu thereof ``an investigation initiated
by reason of section 302(b)(2) (other than an investigation involving a
trade agreement)''.
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(i) complex or complicated issues are
involved in the investigation that require
additional time,
(ii) the foreign country involved in the
investigation is making substantial progress in
drafting or implementing legislative or
administrative measures that will provide
adequate and effective protection of
intellectual property rights, or
(iii) such foreign country is undertaking
enforcement measures to provide adequate and
effective protection of intellectual property
rights,
the Trade Representative shall publish in the Federal
Register notice of such determination and shall make
the determinations required under paragraph (1) with
respect to such investigation by no later than the date
that is 9 months after the date on which such
investigation is initiated.
(4) In any case in which a dispute is not resolved
before the close of the minimum dispute settlement
period provided for in a trade agreement,\280\ the
Trade Representative, within 15 days after the close of
such dispute settlement period, shall submit a report
to Congress setting forth the reasons why the dispute
was not resolved within the minimum dispute settlement
period, the status of the case at the close of the
period, and the prospects for resolution. For purposes
of this paragraph, the minimum dispute settlement
period provided for under any such trade agreement is
the total period of time that results if all stages of
the formal dispute settlement procedures are carried
out within the time limitations specified in the
agreement, but computed without regard to any extension
authorized under the agreement at any stage.
---------------------------------------------------------------------------
\280\ Sec. 314(d)(3) of Public Law 103-465 (108 Stat. 4941) struck
out ``(other than the agreement on subsidies and countervailing
measures described in section 2(c)(5) of the Trade Agreements Act of
1979)'' after ``in a trade agreement''.
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(b) Consultation Before Determinations.--
(1) Before making the determinations required under
subsection (a)(1), the Trade Representative, unless
expeditious action is required--
(A) shall provide an opportunity (after
giving not less than 30 days notice thereof)
for the presentation of views by interested
persons, including a public hearing if
requested by any interested person,
(B) shall obtain advice from the appropriate
committees established pursuant to section 135,
and
(C) may request the views of the United
States International Trade Commission regarding
the probable impact on the economy of the
United States of the taking of action with
respect to any goods or service.
(2) If the Trade Representative does not comply with
the requirements of subparagraphs (A) and (B) of
paragraph (1) because expeditious action is required,
the Trade Representative shall, after making the
determinations under subsection (a)(1), comply with
such subparagraphs.
(c) Publication.--The Trade Representative shall publish in
the Federal Register any determination made under subsection
(a)(1), together with a description of the facts on which such
determination is based.
SEC. 305.\281\ IMPLEMENTATION OF ACTIONS.
(a) Actions To Be Taken Under Section 301.--
---------------------------------------------------------------------------
\281\ 19 U.S.C. 2415.
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(1) Except as provided in paragraph (2), the Trade
Representative shall implement the action the Trade
Representative determines under section 304(a)(1)(B) to
take under section 301, subject to the specific
direction, if any, of the President regarding any such
action, by no later than the date that is 30 days after
the date on which such determination is made.
(2)(A) Except as otherwise provided in this
paragraph, the Trade Representative may delay, by not
more than 180 days, the implementation of any action
that is to be taken under section 301--
(i) if--
(I) in the case of an investigation
initiated under section 302(a), the
petitioner requests a delay, or
(II) in the case of an investigation
initiated under section 302(b)(1) or to
which section 304(a)(3)(B) applies, a
delay is requested by a majority of the
representatives of the domestic
industry that would benefit from the
action, or
(ii) if the Trade Representative determines
that substantial progress is being made, or
that a delay is necessary or desirable, to
obtain United States rights or a satisfactory
solution with respect to the acts, policies, or
practices that are the subject of the action.
(B) The Trade Representative may not delay under
subparagraph (A) the implementation of any action that
is to be taken under section 301 with respect to any
investigation to which section 304(a)(3)(A)(ii) \282\
applies.
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\282\ Sec. 2201(c) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2599) struck out
``section 304(a)(3)(A)'' and inserted in lieu thereof ``section
304(a)(3)(A)(ii)''.
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(C) The Trade Representative may not delay under
subparagraph (A) the implementation of any action that
is to be taken under section 301 with respect to any
investigation to which section 304(a)(3)(B) applies by
more than 90 days.
(b) Alternative Actions in Certain Cases of Export
Targeting.--
(1) If the Trade Representative makes an affirmative
determination under section 304(a)(1)(A) involving
export targeting by a foreign country and determines to
take no action under section 301 with respect to such
affirmation determination, the Trade Representative--
(A) shall establish an advisory panel to
recommend measures which will promote the
competitiveness of the domestic industry
affected by the export targeting,
(B) on the basis of the report of such panel
submitted under paragraph (2)(B) and subject to
the specific direction, if any, of the
President, may take any administrative actions
authorized under any other provision of law,
and, if necessary, propose legislation to
implement any other actions, that would restore
or improve the international competitiveness of
the domestic industry affected by the export
targeting, and
(C) shall, by no later than the date that is
30 days after the date on which the report of
such panel is submitted under paragraph (2)(B),
submit a report to the Congress on the
administrative actions taken, and legislative
proposals made, under subparagraph (B) with
respect to the domestic industry affected by
the export targeting.
(2)(A) The advisory panels established under
paragraph (1)(A) shall consist of individuals appointed
by the Trade Representative who--
(i) earn their livelihood in the private
sector of the economy, including individuals
who represent management and labor in the
domestic industry affected by export targeting
that is the subject of the affirmative
determination made under section 304(a)(1)(A),
and
(ii) by education or experience, are
qualified to serve on the advisory panel.
(B) By no later than the date that is 6 months after
the date on which an advisory panel is established
under paragraph (1)(A), the advisory panel shall submit
to the Trade Representative and to the Congress a
report on measures that the advisory panel recommends
be taken by the United States to promote the
competitiveness of the domestic industry affected by
the export targeting that is the subject of the
affirmative determination made under section
304(a)(1)(A).
SEC. 306.\283\ MONITORING OF FOREIGN COMPLIANCE.
(a) \284\ In General.--The Trade Representative shall monitor
the implementation of each measure undertaken, or agreement
that is entered into, by a foreign country to provide a
satisfactory resolution of a matter subject to investigation
under this chapter or subject to dispute settlement proceedings
to enforce the rights of the United States under a trade
agreement providing for such proceedings.
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\283\ 19 U.S.C. 2416. Sec. 901 of Public Law 96-39 inserted sec.
306 (93 Stat. 299).
\284\ Sec. 314(e) of Public Law 103-465 (108 Stat. 4941) amended
subsecs. (a) and (b).
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(b) \284\ Further Action.--
(1) In general.--If, on the basis of the monitoring
carried out under subsection (a), the Trade
Representative considers that a foreign country is not
satisfactorily implementing a measure or agreement
referred to in subsection (a), the Trade Representative
shall determine what further action the Trade
Representative shall take under section 301(a). For
purposes of section 301, any such determination shall
be treated as a determination made under section
304(a)(1).
(2) \285\ WTO dispute settlement recommendations.--
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\285\ Sec. 407 of Public Law 106-200 (114 Stat. 293) struck out
``If the'' at the beginning of para. (2), inserted in lieu thereof
``(A) Failure to implement recommendation.--If the'', and added new
subparas. (B) through (F).
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(A) Failure to implement recommendation.--If
the measure or agreement referred to in
subsection (a) concerns the implementation of a
recommendation made pursuant to dispute
settlement proceedings under the World Trade
Organization, and the Trade Representative
considers that the foreign country has failed
to implement it, the Trade Representative shall
make the determination in paragraph (1) no
later than 30 days after the expiration of the
reasonable period of time provided for such
implementation under paragraph 21 of the
Understanding on Rules and Procedures Governing
the Settlement of Disputes that is referred to
in section 101(d)(16) of the Uruguay Round
Agreements Act.
(B) \285\ Revision of retaliation list and
action.--
(i) In general.--Except as provided
in clause (ii), in the event that the
United States initiates a retaliation
list or takes any other action
described in section 301(c)(1)(A) or
(B) against the goods of a foreign
country or countries to implement the
recommendation made pursuant to a
dispute settlement proceeding under the
World Trade Organization, the Trade
Representative shall periodically
revise the list or action to affect
other goods of the country or countries
that have failed to implement the
recommendation.
(ii) Exception.--The Trade
Representative is not required to
revise the retaliation list or the
action described in clause (i) with
respect to a country if--
(I) the Trade Representative
determines that implementation
of a recommendation made
pursuant to a dispute
settlement proceeding described
in clause (i) by the country is
imminent; or
(II) the Trade Representative
together with the petitioner
involved in the initial
investigation under this
chapter (or if no petition was
filed, the affected United
States industry) agree that it
is unnecessary to revise the
retaliation list.
(C) Schedule for revising list or action.--
The Trade Representative shall, 120 days after
the date the retaliation list or other section
301(a) action is first taken, and every 180
days thereafter, review the list or action
taken and revise, in whole or in part, the list
or action to affect other goods of the subject
country or countries.
(D) Standards for revising list or action.--
In revising any list or action against a
country or countries under this subsection, the
Trade Representative shall act in a manner that
is most likely to result in the country or
countries implementing the recommendations
adopted in the dispute settlement proceeding or
in achieving a mutually satisfactory solution
to the issue that gave rise to the dispute
settlement proceeding. The Trade Representative
shall consult with the petitioner, if any,
involved in the initial investigation under
this chapter.
(E) Retaliation list.--The term ``retaliation
list'' means the list of products of a foreign
country or countries that have failed to comply
with the report of the panel or Appellate Body
of the WTO and with respect to which the Trade
Representative is imposing duties above the
level that would otherwise be imposed under the
Harmonized Tariff Schedule of the United
States.
(F) Requirement to include reciprocal goods
on retaliation list.--The Trade Representative
shall include on the retaliation list, and on
any revised lists, reciprocal goods of the
industries affected by the failure of the
foreign country or countries to implement the
recommendation made pursuant to a dispute
settlement proceeding under the World Trade
Organization, except in cases where existing
retaliation and its corresponding preliminary
retaliation list do not already meet this
requirement.
(c) Consultations.--Before making any determination under
subsection (b), the Trade Representative shall--
(1) consult with the petitioner, if any, involved in
the initial investigation under this chapter and with
representatives of the domestic industry concerned; and
(2) provide an opportunity for the presentation of
views by interested persons.
SEC. 307.\286\ MODIFICATION AND TERMINATION OF ACTIONS.
(a) In General.--
---------------------------------------------------------------------------
\286\ 19 U.S.C. 2417.
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(1) The Trade Representative may modify or terminate
any action, subject to the specific direction, if any,
of the President with respect to such action, that is
being taken under section 301 if--
(A) any of the conditions described in
section 301(a)(2) exist,
(B) the burden or restriction on United
States commerce of the denial rights, or of the
acts, policies, and practices, that are the
subject of such action has increased or
decreased, or
(C) such action is being taken under section
301(b) and is no longer appropriate.
(2) Before taking any action under paragraph (1) to
modify or terminate any action taken under section 301,
the Trade Representative shall consult with the
petitioner, if any, and with representatives of the
domestic industry concerned, and shall provide
opportunity for the presentation of views by other
interested persons affected by the proposed
modification or termination concerning the effects of
the modification or termination and whether any
modification or termination of the action is
appropriate.
(b) Notice; Report to Congress.--The Trade Representative
shall promptly publish in the Federal Register notice of, and
report in writing to the Congress with respect to, any
modification or termination of any action taken under section
301 and the reasons therefor.\264\
(c) Review of Necessity.--
(1) If--
(A) a particular action has been taken under
section 301 during any 4-year period, and
(B) neither the petitioner nor any
representative of the domestic industry which
benefits from such action has submitted to the
Trade Representative during the last 60 days of
such 4-year period a written request for the
continuation of such action,
such action shall terminate at the close of such 4-year
period.
(2) The Trade Representative shall notify by mail the
petitioner and representatives of the domestic industry
described in paragraph (1)(B) of any termination of
action by reason of paragraph (1) at least 60 days
before the date of such termination.
(3) If a request is submitted to the Trade
Representative under paragraph (1)(B) to continue
taking a particular action under section 301, the Trade
Representative shall conduct a review of--
(A) the effectiveness in achieving the
objectives of section 301 of--
(i) such action, and
(ii) other actions that could be
taken (including actions against other
products or services), and
(B) the effects of such actions on the United
States economy, including consumers.
SEC. 308.\287\ REQUEST FOR INFORMATION.
(a) In General.--Upon receipt of written request therefor
from any person, the Trade Representative shall make available
to that person information (other than that to which
confidentiality applies) concerning--
---------------------------------------------------------------------------
\287\ 19 U.S.C. 2418.
---------------------------------------------------------------------------
(1) the nature and extent of a specific trade policy
or practice of a foreign country with respect to
particular goods, services, investment, or intellectual
property rights, to the extent that such information is
available to the Trade Representative or other Federal
agencies;
(2) United States rights under any trade agreement
and the remedies which may be available under that
agreement and under the laws of the United States; and
(3) past and present domestic and international
proceedings or actions with respect to the policy or
practice concerned.
(b) If Information Not Available.--If information that is
requested by a person under subsection (a) is not available to
the Trade Representative or other Federal agencies, the Trade
Representative shall, within 30 days after receipt of the
request--
(1) request the information from the foreign
government; or
(2) decline to request the information and inform the
person in writing of the reasons for refusal.
(c) Certain Business Information Not Made Available.--
(1) Except as provided in paragraph (2), and
notwithstanding any other provision of law (including
section 552 of title 5, United States Code), no
information requested and received by the Trade
Representative in aid of any investigation under this
chapter shall be made available to any person if--
(A) the person providing such information
certifies that--
(i) such information is business
confidential,
(ii) the disclosure of such
information would endanger trade
secrets or profitability, and
(iii) such information is not
generally available;
(B) the Trade Representative determines that
such certification is well-founded; and
(C) to the extent required in regulations
prescribed by the Trade Representative, the
person providing such information provides an
adequate nonconfidential summary of such
information.
(2) The Trade Representative may--
(A) use such information, or make such
information available (in his own discretion)
to any employee of the Federal Government for
use, in any investigation under this chapter,
or
(B) may make such information available to
any other person in a form which cannot be
associated with, or otherwise identify, the
person providing the information.
SEC. 309.\288\ ADMINISTRATION.
The Trade Representative shall--
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\288\ 19 U.S.C. 2419.
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(1) issue regulations concerning the filing of
petitions and the conduct of investigations and
hearings under this subchapter,
(2) keep the petitioner regularly informed of all
determinations and developments regarding the
investigation conducted with respect to the petition
under this chapter, including the reasons for any undue
delays, and
(3) submit a report to the House of Representatives
and the Senate semiannually describing--
(A) the petitions filed and the
determinations made (and reasons therefor)
under section 302,
(B) developments in, and the current status
of, each investigation or proceeding under this
chapter,
(C) the actions taken, or the reasons for no
action, by the Trade Representative under
section 301 with respect to investigations
conducted under this chapter, and
(D) the commercial effects of actions taken
under section 301.''.
SEC. 310.\289\ IDENTIFICATION OF TRADE EXPANSION PRIORITIES.
(a) Identification.--
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\289\ 19 U.S.C. 2420. Sec. 314(f) of Public Law 103-465 (108 Stat.
4941) amended and restated sec. 310, which was originally added by sec.
1302 of Public Law 100-418 (102 Stat. 1176).
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(1) Within 180 days after the submission in calendar
year 1995 of the report required by section 181(b), the
Trade Representative shall--
(A) review United States trade expansion
priorities,
(B) identify priority foreign country
practices, the elimination of which is likely
to have the most significant potential to
increase United States exports, either directly
or through the establishment of a beneficial
precedent, and
(C) submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of
the House of Representatives and publish in the
Federal Register a report on the priority
foreign country practices identified.
(2) In identifying priority foreign country practices
under paragraph (1) of this section, the Trade
Representative shall take into account all relevant
factors, including--
(A) the major barriers and trade distorting
practices described in the National Trade
Estimate Report required under section 181(b);
(B) the trade agreements to which a foreign
country is a party and its compliance with
those agreements;
(C) the medium- and long-term implications of
foreign government procurement plans; and
(D) the international competitive position
and export potential of United States products
and services.
(3) The Trade Representative may include in the
report, if appropriate--
(A) a description of foreign country
practices that may in the future warrant
identification as priority foreign country
practices; and
(B) a statement about other foreign country
practices that were not identified because they
are already being addressed by provisions of
United States trade law, by existing bilateral
trade agreements, or as part of trade
negotiations with other countries and progress
is being made toward the elimination of such
practices.
(b) Initiation of Investigations.--By no later than the
date which is 21 days after the date on which a report is
submitted to the appropriate congressional committees under
subsection (a)(1), the Trade Representative shall initiate
under section 302(b)(1) investigations under this chapter with
respect to all of the priority foreign country practices
identified.
(c) Agreements for the Elimination of Barriers.--In the
consultations with a foreign country that the Trade
Representative is required to request under section 303(a) with
respect to an investigation initiated by reason of subsection
(b), the Trade Representative shall seek to negotiate an
agreement that provides for the elimination of the practices
that are the subject of the investigation as quickly as
possible or, if elimination of the practices is not feasible,
an agreement that provides for compensatory trade benefits.
(d) Reports.--The Trade Representative shall include in the
semiannual report required by section 309 a report on the
status of any investigations initiated pursuant to subsection
(b) and, where appropriate, the extent to which such
investigations have led to increased opportunities for the
export of products and services of the United States.
TITLE IV--TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
NONDISCRIMINATORY TREATMENT \290\
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\290\ Sec. 103(a)(1) of Public Law 106-286 (114 Stat. 882) struck
out ``CURRENTLY'' from the title IV heading, which previously read
``TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY RECEIVING
NONDISCRIMINATORY TREATMENT''. See also section on MFN extensions,
suspensions, and terminations, this volume, beginning on page 1170.
On October 7, 1992, the President determined that furnishing
assistance, restoring nondiscriminatory trade treatment, and lifting
the ban on Export-Import Bank loans for Afghanistan was in the national
interest of the United States (Presidential Determination No. 93-3; 57
F.R. 47557; October 19, 1992). The application of Title IV of the Trade
Act of 1974 has been terminated with respect to the following
countries:
Czech and Slovak Federal Republics and Hungary: On April 10, 1992,
the President determined that title IV of this Act should no longer
apply to the Czech and Slovak Federal Republic or to the Republic of
Hungary, pursuant to secs. 2(a)(1) and 2 of Public Law 102-182
(Presidential Determination No. 92-21; 57 F.R. 12863; April 14, 1992;
and Proclamation 6419 of April 10, 1992; 57 F.R. 12865).
Prior to Public Law 102-182, Presidential Determination No. 90-3 of
October 26, 1989 (54 F.R. 46591), stated that the Republic of Hungary
was not in violation of paras. (1), (2), or (3) of subsec. 402(a) or
paras. (1), (2), or (3) of subsec. 409(a). See also note at 409(a).
Also prior to the passage of Public Law 102-182, in Executive Order
12702 of February 29, 1990 (55 F.R. 6231), the President waived the
application of subsecs. 402(a) and (b) with respect to Czechoslovakia.
Subsequently, the President determined that the Czech and Slovak
Federal Republic was not in violation of paras. (1), (2), or (3) of
subsec. 402(a), or of paras. (1), (2), or (3) of subsec. 409(a)
(Presidential Determination No. 92-3 of October 16, 1991; 56 F.R.
55203; October 25, 1991).
Mongolia: On July 1, 1996, the President determined that Title IV
of this Act should no longer apply to Mongolia, pursuant to sec. 2414
of Public Law 106-36 (113 Stat. 180) (Presidential Determination No.
7207 (64 F.R. 36549). Prior to that date, Executive Order 12746 of
January 21, 1991 (56 F.R. 2837) waived the application of secs. 402 (a)
and (b) with respect to Mongolia.
Bulgaria: On September 27, 1996, the President determined that
Title IV of this Act should no longer apply to Bulgaria (Proclamation
No. 6922 of September 27, 1996; 61 F.R. 51205), pursuant to Public Law
104-162 (110 Stat. 1414). Subsequently, the President determined that
Bulgaria was not in violation of paras. (1), (2), or (3) of subsec.
402(a) or of paras. (1), (2), or (3) of subsec. 409(a) (Presidential
Determination No. 93-26 of June 3, 1993; 58 F.R. 33007).
Prior to that date, Executive Order 12745 waived the application of
secs. 402 (a) and (b) with respect to Mongolia (January 22, 1991; 56
F.R. 2835).
Romania: On November 12, 1996, the President determined that Title
IV should no longer apply to Romania (Proclamation No. 6951; 61 F.R.
58127), pursuant to sec. 2 of Public Law 104-171 (110 Stat. 1539).
Subsequently, the President determined that Romania was not in
violation of paras. (1), (2), or (3) of subsec. 402(a) or of paras.
(1), (2), or (3) of subsec. 409(a) (Presidential Determination No. 95-
22 of May 19, 1995; 60 F.R. 29463).
Prior to that date, Executive Order 12772 (August 17, 1991; 56 F.R.
41621) waived the application of secs. 402 (a) and (b) with respect to
Romania.
Albania and Kyrgyzstan: On June 29, 2000, the President determined
that title IV of this Act should no longer apply to Albania and
Kyrgyzstan, pursuant to secs. 301(b) and 302(b) of Public Law 106-200,
respectively (Presidential Proclamation No. 7326 of June 29, 2000; 65
F.R. 41547).
Prior to Public Law 106-200, the President had waived the
application of secs. 402 (a) and (b) with respect to Albania (Executive
Order 12809, June 3, 1992, 57 F.R. 23925; Presidential Determination
No. 92-26; 57 F.R. 48711) and Kyrgyzstan (Executive Order 12802, April
16, 1992, 57 F.R. 14321; Presidential Determination No. 92-20, 57 F.R.
13623).
Georgia: On December 29, 2000, the President determined that title
IV of this Act should no longer apply to the Republic of Georgia,
pursuant to sec. 3002 of Public Law 106-476 (Presidential Proclamation
No. 7389 of December 29, 2000, 66 F.R. 703, January 3, 2001).
Prior to Public Law 106-476, the President had waived the
application of subsecs. 402 (a) and (b) with respect to Georgia
(Executive Order No. 12809, June 3, 1992, 57 F.R. 23925; Presidential
Determination No. 92-25, 57 F.R. 22147).
China: On December 27, 2001, the President determined that chapter
1 of title IV of the Act should no longer apply to the People's
Republic of China (Proclamation 7516; 67 F.R. 479), pursuant to Public
Law 106-286 (114 Stat. 882).
Prior to Public Law 106-286, the President waived the application
of subsecs. 402 (a) and (b) of the Act with respect to China (Executive
Order 12167, October 23, 1979, 44 F.R. 61167).
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CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES \291\
SEC. 401.\292\ EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR AREAS.
Except as otherwise provided in this title, the President
shall continue to deny nondiscriminatory treatment to the
products of any country, the products of which were not
eligible for the rates set forth in rate column numbered 1 of
the Tariff Schedules of the United States on the date of the
enactment of this Act.
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\291\ Sec. 103(a)(2) of Public Law 106-286 (114 Stat. 882) inserted
``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES''.
\292\ 19 U.S.C. 2431. Secs. 101 and 102 of Public Law 106-286 (114
Stat. 881) provided:
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``sec. 101. termination of application of chapter 1 of title iv of the
trade act of 1974 to the people's republic of china
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``(a) Presidential Determinations and Extension of
Nondiscriminatory Treatment.--Notwithstanding any provision of chapter
1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as
designated by section 3(a)(2) of this Act, the President may--
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``(1) determine that such chapter should no longer apply to the People's
Republic of China; and
``(2) after making a determination under paragraph (1) with respect to
the People's Republic of China, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products of that
country.
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``(b) Accession of the People's Republic of China to the World
Trade Organization.--Prior to making the determination provided for in
subsection (a)(1) and pursuant to the provisions of section 122 of the
Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall
transmit a report to Congress certifying that the terms and conditions
for the accession of the People's Republic of China to the World Trade
Organization are at least equivalent to those agreed between the United
States and the People's Republic of China on November 15, 1999.
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``sec. 102. effective date.
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``(a) Effective Date of Nondiscriminatory Treatment.--The extension
of nondiscriminatory treatment pursuant to section 101(a) shall be
effective no earlier than the effective date of the accession of the
People's Republic of China to the World Trade Organization.
``(b) Termination of Applicability of Title IV.--On and after the
effective date under subsection (a) of the extension of
nondiscriminatory treatment to the products of the People's Republic of
China, chapter 1 of title IV of the Trade Act of 1974 (as designated by
section 103(a)(2) of this Act) shall cease to apply to that country.''.
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SEC. 402.\293\ FREEDOM OF EMIGRATION IN EAST-WEST TRADE.
(a) To assure the continued dedication of the United States
to fundamental human rights, and notwithstanding any other
provision of law, on or after the date of the enactment of this
Act products from any nonmarket economy country shall not be
eligible to receive nondiscriminatory treatment (normal trade
relations),\294\ such country shall not participate in any
program of the Government of the United States which extends
credits or credit guarantees or investment guarantees, directly
or indirectly, and the President of the United States shall not
conclude any commercial agreement with any such country, during
the period beginning with the date on which the President
determines that such country--
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\293\ 19 U.S.C. 2432. Popularly referred to as the Jackson-Vanik
amendment.
Public Law 102-420 (106 Stat. 2149; 19 U.S.C. 2432 note) withdrew
MFN status from Serbia and Montenegro.
\294\ Sec. 5003(b)(2) of Public Law 105-206 (112 Stat. 789) struck
out ``most-favored-nation treatment'' each place it appears in sec.
402, and inserted in lieu thereof ``normal trade relations''.
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(1) denies its citizens the right or opportunity to
emigrate;
(2) imposes more than a nominal tax on emigration or
on the visas or other documents required for
emigration, for any purpose of cause whatsoever; or
(3) imposes more than a nominal tax, levy, fine, fee,
or other charge on any citizen as a consequence of the
desire of such citizen to emigrate to the country of
his choice,
and ending on the date on which the President determines that
such country is no longer in violation of paragraph (1), (2),
or (3).
(b) \295\ After the date of the enactment of this Act, (A)
products of a nonmarket economy country may be eligible to
receive nondiscriminatory treatment (normal trade relations),
(B) such country may participate in any program of the
Government of the United States which extends credit guarantees
or investment guarantees, and (C) the President may conclude a
commercial agreement with such country, only after the
President has submitted to the Congress a report indicating
that such country is not in violation of paragraph (1), (2), or
(3) of subsection (a). Such report with respect to such country
shall include information as to the nature and implementation
of emigration laws and policies and restrictions or
discrimination applied to or against persons wishing to
emigrate. The report required by this subsection shall be
submitted initially as provided herein and, with current
information, on or before each June 30 and December 31
thereafter so long as such treatment is received, such credits
or guarantees are extended, or such agreement is in effect.
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\295\ The President, in Executive Order 13313 (July 31, 2003; 68
F.R. 46073), delegated the congressional reporting function required
under sec. 402(b) to the Secretary of the State.
Presidential determinations of ``no violation'' pursuant to subsec.
(b) have been made for the following countries: Hungary, October 26,
1989 (Presidential Determination No. 89-14; 54 F.R. 46591); Czech and
Slovak Federal Republics, October 16, 1991 (Presidential Determination
No. 92-3; 56 F.R. 52203); Bulgaria, June 3, 1993 (Presidential
Determination No. 93-26; 58 F.R. 33007); Russian Federation, September
21, 1994 (Presidential Determination No. 94-51; 59 F.R. 49783),
September 24, 1994; Romania, May 19, 1995 (Presidential Determination
No. 95-22; 60 F.R. 29463); Mongolia, September 4, 1996 (Presidential
Determination No. 96-51, 61 F.R. 48603); Armenia, Azerbaijan, Georgia,
Moldova, and Ukraine, June 3, 1997 (Presidential Determination No. 97-
27; 62 F.R. 32017); Albania, Kazakhstan, Kyrgyzstan, Tajikistan,
Turkmenistan, and Uzbekistan, December 5, 1997 (Presidential
Determination No. 98-7, 62 F.R. 66253).
On April 7, 1998, the President waived the application of secs.
402(a) and (b) with respect to Vietnam (Presidential Determination No.
98-17, 57 F.R. 14329; Executive Order 13079, 63 F.R. 17309).
On August 8, 2003, the President waived the application of secs.
402(a) and (b) with respect to Turkmenistan (Presidential Determination
No. 2003-31, 68 F.R. 49325; Executive Order 13314, 68 F.R. 48249.
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(c)(1) During the 18-month period beginning on the date of
the enactment of this Act, the President is authorized to waive
by Executive order the application of subsections (a) and (b)
with respect to any country, if he reports to the Congress
that--
(A) he has determined that such waiver will
substantially promote the objectives of this section;
and
(B) he has received assurances that the emigration
practices of that country will henceforth lead
substantially to the achievement of the objectives of
this section.
(2) During any period subsequent to the 18-month period
referred to in paragraph (1), the President is authorized to
waive by Executive order the application of subsections (a) and
(b) with respect to any country, if the waiver authority
granted by this subsection continues to apply to such country
pursuant to subjection (d), and if he reports to the Congress
that--
(A) \296\ he has determined that such waiver will
substantially promote the objectives of this section;
and
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\296\ The Presidential waiver by Executive order provision pursuant
to sec. (c)(2)(A) has been applied with respect to the following
countries:
Romania: April 24, 1975 (Presidential Determination No. 75-15, 40
F.R. 2060; Executive Order No. 11854, 40 F. R. 18391); in effect until
1988. Hungary: April 7, 1978 (Presidential Determination No. 78-10, 43
F.R. 16691; Executive Order No. 12501, 43 F. R. 15131). People's
Republic of China: October 23, 1979 (Presidential Determination No. 80-
2, 44 F.R. 64059; Executive Order No. 12167, 44 F. R. 61167).
Czechoslovakia: February 20, 1990 (Presidential Determination No. 90-
10, 55 F.R. 8889; Executive Order No. 12702, 55 F. R. 6231). German
Democratic Republic: (Presidential Determination No. 90-30 of August
15, 1990; 55 F.R. 35421; Executive Order 12726, 55 F.R. 33637). Soviet
Union: December 29, 1990 (Presidential Determination No. 91-11, 56 F.R.
1561; Executive Order 12740, 56 F.R. 355). Bulgaria: January 22, 1991
(Presidential Determination No. 91-18, 56 F.R. 4169; Executive Order
12745, 56 F.R. 2835). Mongolia: January 23, 1991 (Presidential
Determination No. 91-19, 56 F.R. 4171; Executive Order 12746, 56 F.R.
2837). Romania: August 17, 1991 (second waiver) (Presidential
Determination No. 91-48, 56 F.R. 43861; Executive Order 12772, 56 F.R.
41621). Armenia: April 3, 1992 (Presidential Determination No. 92-20,
57 F.R. 13623; Executive Order 12798, 57 F.R. 12175). Belarus [Republic
of Byelarus]: Kyrgyzstan, and Russian Federation: April 6, 1992
(Presidential Determination No. 92-20, 57 F.R. 13623; Executive Order
12802, 57 F.R. 14321). Azerbaijan, Georgia, Kazakhstan, Moldova,
Ukraine, and Uzbekistan: June 3, 1992 (Presidential Determination No.
92-25, 57 F.R. 22147; Executive Order 12809, 57 F.R. 23925); Albania:
June 3, 1992 (Presidential Determination No. 92-26, 57 F.R. 48711;
Executive Order 12809, 57 F.R. 23925). Tajikistan and Turkmenistan:
June 24, 1992 (Presidential Determination No. 92-31, 57 F.R. 24931;
Executive Order 12811, 57 F.R. 28585); Belarus: (second waiver)
(Executive Order No. 13220, 66 F.R. 35525, July 5, 2000); Belarus:
(third waiver) (Executive Order No. 13220, 66 F.R. 35527, July 5,
2001).
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(B) he has received assurances that the emigration
practices of that country will henceforth lead
substantially to the achievement of the objectives of
this section.
(3) A waiver with respect to any country shall terminate on
the day after the waiver authority granted by this subsection
ceases to be effective with respect to such country pursuant to
subsection (d). The President may, at any time, terminate by
Executive order any waiver granted under this subsection.
(d)(1) \297\ If \298\ the President determines that the
further extension of the waiver authority granted under
subsection (c) of this section will substantially promote the
objectives of this section, he may recommend further extensions
of such authority for successive 12-month periods. Any such
recommendations shall--
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\297\ Sec. 132(a)(2) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 644) struck out paras. (1) through (4),
redesignated para. (5) as para. (1), and added a new para. (2). See box
note, page 291, relating to effective date of amendment.
Prior to this amendment, in Presidential Determination 89-14 of May
31, 1989 (54 F.R. 26943), the President determined ``pursuant to
Subsection 402(d)(5) of the Act, that the further extension of the
waiver authority granted by Subsection 402(c) of the Act will
substantially promote the objectives of Section 402 of the Act. I
further determine that the continuation of the waivers applicable to
the Hungarian People's Republic and the People's Republic of China will
substantially promote the objectives of Section 402 of the Act.''.
The waiver applicable to the People's Republic of China was
extended on May 24, 1990 (Presidential Determination No. 90-21, 55 F.R.
23183); on May 29, 1991 (Presidential Determination No. 91-36, 56 F.R.
26757), on June 2, 1992 (Presidential Determination No. 92-29, 57 F.R.
24539); on May 28, 1993 (Presidential Determination No. 93-23, 58 F.R.
31329); on June 2, 1994 (Presidential Determination No. 94-26, 59 F.R.
31103); on June 2, 1995 (Presidential Determination No. 95-23, 60 F.R.
31047); on May 31, 1996 (Presidential Determination No. 96-29, 61 F.R.
29455); on May 29, 1997 (Presidential Determination No. 97-25, 62 F.R.
31313); on June 3, 1998 (Presidential Determination No. 98-25, 63 F.R.
32705); on June 3, 1999 (Presidential Determination No. 99-28, 64 F.R.
31113); on June 2, 2000 (Presidential Determination No. 2000-23; 65
F.R. 36313); and on June 1, 2001 (Presidential Determination No. 2001-
16, 66 F.R. 30631).
See also Executive Order 12850 of May 28, 1993 (58 F.R. 31327).
Similar waivers were extended to Albania, Armenia, Azerbaijan,
Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Romania,
Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan
on June 2, 1994 (Presidential Determination No. 94-27, 59 F.R. 31105).
These waivers were continued for the same countries except Romania and
Russian Federation on June 2, 1995 (Presidential Determination No. 95-
24, 60 F.R. 31049), on June 3, 1996 (Presidential Determination No. 96-
30, 61 F.R. 29457); and on June 3, 1997 for Albania, Belarus,
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan
(Presidential Determination No. 97-28, 62 F.R. 32019).
The Presidential waiver for Belarus was extended on June 3, 1998
(Presidential Determination No. 98-28, 63 F.R. 32709, June 16, 1998);
on June 3, 1999 (Presidential Determination No. 99-26, 64 F.R. 31109,
June 11, 1999); on June 2, 2000 (Presidential Determination No. 2000-
22, 65 F.R. 36311, June 8, 2000); on June 3, 2002 (Presidential
Determination No. 02-21, 67 F.R. 40833, June 14, 2002); on May 29, 2003
(Presidential Determination No. 2003-25, 68 F.R. 35527, June 16, 2003);
and on June 3, 2004 (Presidential Determination No. 2004-33, 69 F.R.
32431, June 9, 2004).
The Presidential waiver for Turkmenistan was extended on June 3,
2004 (Presidential Determination No. 2004-32, 69 F.R. 32429, June 9,
2004).
The Presidential waiver for Vietnam was extended on June 3, 1998
(Presidential Determination No. 98-27, 63 F.R. 32707); on June 3, 1999
(Presidential Determination No. 99-27, 64 F.R. 31111); on June 2, 2000
(Presidential Determination No. 2000-21, 65 F.R. 36309); on June 1,
2001 (Presidential Determination No. 2001-17, 66 F.R. 30633, June 7,
2001); on June 3, 2002 (Presidential Determination No. 02-22, 67 F.R.
40835, June 14, 2002); on May 29, 2003 (Presidential Determination
2003-24, 68 F.R. 35525, June 16, 2003); on June 3, 2004 (Presidential
Determination 2004-34, 69 F.R. 32433, June 9, 2004); and on June 27,
2005 (Secretary of State Determination, unnumbered, 70 F.R. 36998, June
27, 2005).
The President, in Executive Order 13346 (July 8, 2004; 69 F.R.
41905), delegated the reporting functions under sec. 401(d)(1) to the
Secretary of State.
\298\ Sec. 132(a)(1) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 643) struck out ``If the waiver authority
granted by subsection (c) of this section has been extended under
paragraph (3) or (4) for any country for the 12-month period referred
to in such paragraphs, and the President determines that the further
extension of such authority will'' and inserted in lieu thereof ``If
the President determines that the further extension of the waiver
authority granted under subsection (c) of this section will''. See box
note, page 291, relating to effective date of amendment.
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(A) be made not later than 30 days before the
expiration of such authority;
(B) be made in a document transmitted to the House of
Representatives and the Senate setting forth his
reasons for recommending the extension of such
authority; and
(C) include, for each country with respect to which a
waiver granted under subsection (c) is in effect, a
determination that continuation of the waiver
applicable to that country will substantially promote
the objectives of this section, and a statement setting
forth his reasons for such determination.
If the President recommends the further extension of such
authority, such authority shall continue in effect until the
end of the 12-month period following the end of the previous
12-month extension with respect to any country (except for any
country with respect to which such authority has not been
extended under this subsection), unless a joint resolution
described in section 153(a) is enacted into law pursuant to the
provisions of paragraph (2).\299\
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\299\ Sec. 132(a)(1)(C) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 644) struck out ``, unless before the
end of the 60-day period following such previous 12-month extension,
either the House of Representatives or the Senate adopts, by an
affirmative vote of a majority of the Members present and voting in the
House and under the procedures set forth in section 153, a resolution
disapproving the extension of such authority generally or with respect
to such country specifically. Such authority shall cease to be
effective with respect to all countries on the date of the adoption by
either House before the end of such 60-day period of a resolution
disapproving the extension of such authority, and shall cease to be
effective with respect to any country on the date of the adoption by
either House before the end of such 90-day period of a resolution
disapproving the extension of such authority with respect to such
country'' and inserted text beginning at ``, unless * * *''. See box
note, page 291, relating to effective date of amendment.
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(2) \299\ (A) The requirements of this paragraph are met if
the joint resolution is enacted under the procedures set forth
in section 153, and--
(i) the Congress adopts and transmits the joint
resolution to the President before the end of the 60-
day period beginning on the date the waiver authority
would expire but for an extension under paragraph (1),
and
(ii) if the President vetoes the joint resolution,
each House of Congress votes to override such veto on
or before the later of the last day of the 60-day
period referred to in clause (i) or the last day of the
15-day period (excluding any day described in section
154(b)) beginning on the date the Congress receives the
veto message from the President.
(B) If a joint resolution is enacted into law under the
provisions of this paragraph, the waiver authority applicable
to any country with respect to which the joint resolution
disapproves of the extension of such authority shall cease to
be effective as of the day after the 60-day period beginning on
the date of the enactment of the joint resolution.
(C) A joint resolution to which this subsection and section
153 apply may be introduced at any time on or after the date
the President transmits to the Congress the document described
in paragraph (1)(B).
(e) This section shall not apply to any country the
products of which are eligible for the rates set forth in rate
column numbered 1 of the Tariff Schedules of the United States
on the date of the enactment of this Act.
SEC. 403.\300\ UNITED STATES PERSONNEL MISSING IN ACTION IN SOUTHEAST
ASIA.
(a) Notwithstanding any other provision of law, if the
President determines that a nonmarket economy country is not
cooperating with the United States--
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\300\ 19 U.S.C. 2433.
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(1) to achieve a complete accounting of all United
States military and civilian personnel who are missing
in action in Southeast Asia,
(2) to repatriate such personnel who are alive, and
(3) to return the remains of such personnel who are
dead to the United States,
then, during the period beginning with the date of such
determination and ending on the date on which the President
determines such country is cooperating with the United States,
he may provide that--
(A) the products of such country may not receive
nondiscriminatory treatment,
(B) such country may not participate, directly or
indirectly, in any program under which the United
States extends credit, credit guarantees or investment
guarantees, and
(C) no commercial agreement entered into under this
title between such country and the United States will
take effect.
(b) This section shall not apply to any country the
products of which are eligible for the rates set forth in rate
column numbered 1 of the Tariff Schedules of the United States
on the date of the enactment of this Act.
SEC. 404.\301\ EXTENSION OF NONDISCRIMINATORY TREATMENT.
(a) Subject to the provisions of section 405(c), the
President may by proclamation extend nondiscriminatory
treatment to the products of a foreign country which has
entered into a bilateral commercial agreement referred to in
section 405.
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\301\ 19 U.S.C. 2434. See also Public Law 102-157 (105 Stat. 1040),
relating to Mongolia; Public Law 102-158 (105 Stat. 1041), relating to
Bulgaria; Public Law 102-197 (105 Stat. 1622), relating to the Union of
Soviet Socialist Republics; Public Law 102-363 (106 Stat. 969),
relating to Albania, Public Law 104-162 (110 Stat. 1414), relating to
Bulgaria, and Public Law 104-171 (110 Stat. 1539), relating to Romania.
See also Public Law 102-182 (105 Stat. 1233) as it relates to
Czechoslovakia, Estonia, Hungary, Latvia, and Lithuania; Public Law
102-420 (106 Stat. 2149) relating to Serbia and Montenegro; Public Law
106-36 (113 Stat. 180) relating to Mongolia; Public Law 106-200 (114
Stat. 257) relating to Albania and Kyrgyzstan; Public Law 106-286 (114
Stat. 880) relating to China; Public Law 106-476 (114 Stat. 2175)
relating to Georgia; Public Law 107-52 (115 Stat. 268) relating to
Vietnam; and Public Law 108-429 (118 Stat. 2434) relating to Armenia.
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(b) The application of nondiscriminatory treatment shall be
limited to the period of effectiveness of the obligations of
the United States to such country under such bilateral
commercial agreement. In addition, in the case of any foreign
country receiving nondiscriminatory treatment pursuant to this
title which has entered into an agreement with the United
States regarding the settlement of lend-lease reciprocal aid
and claims, the application of such nondiscriminatory treatment
shall be limited to periods during which such country is not in
arrears on its obligations under such agreement.
(c) The President may at any time suspend or withdraw any
extension of nondiscriminatory treatment to any country
pursuant to subsection (a) and thereby cause all products of
such country to be dutiable at the rates set forth in rate
column numbered 2 of the Harmonized Tariff Schedule \302\ of
the United States.
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\302\ Sec. 1214(j)(3) of Public Law 100-418 (102 Stat. 1158) struck
out ``Tariff Schedules for'' and inserted in lieu thereof ``Harmonized
Tariff Schedule''.
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SEC. 405.\303\ AUTHORITY TO ENTER INTO COMMERCIAL AGREEMENTS.
(a) Subject to the provisions of subsections (b) and (c) of
this section, the President may authorize the entry into force
of bilateral commercial agreements providing nondiscriminatory
treatment to the products of countries heretofore denied such
treatment whenever he determines that such agreements with such
countries will promote the purposes of this Act and are in the
national interest.\304\
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\303\ 19 U.S.C. 2435.
\304\ Bilateral agreements pursuant to sec. 405 were entered into
with Romania on April 24, 1975 (Presidential Proclamation No. 4369, 40
F.R. 18389); Hungary on April 7, 1978 (Presidential Proclamation No.
4560, 43 F.R. 15125); China on October 23, 1979 (Presidential
Proclamation No. 4697, 44 F.R. 61161); Czech and Slovak Federal
Republic on September 6, 1990 (Presidential Proclamation No. 6175, 55
F.R. 37643); Bulgaria on June 24, 1991 (Presidential Proclamation No.
6307, 56 F.R. 29787); Mongolia on June 24, 1991 (Presidential
Proclamation No. 6308, 56 F.R. 29834); Union of Soviet Socialist
Republics on August 2, 1991 (Presidential Proclamation No. 6320, 56
F.R. 37407); Albania on June 15, 1992 (Presidential Proclamation No.
6445, 57 F.R. 26921); Romania (second agreement) on June 22, 1992
(Presidential Proclamation No. 6449, 57 F.R. 28033); Vietnam on June 8,
2001 (Presidential Proclamation No. 7449, 66 F.R. 31375).
Pursuant to sec. 405, on September 6, 1990, the President
determined ``that the `Agreement on Trade Relations Between the
Government of the United States of America and the Government of the
Czechoslovak Federative Republic' will promote the purposes of the
Trade Act and is in the national interest.'' (Presidential Memorandum
of September 6, 1990; 55 F.R. 39259).
Similar determinations were made relating to the Republic of
Bulgaria on June 24, 1991 (Presidential Determination No. 91-43; 56
F.R. 31037; July 8, 1991); Mongolian People's Republic on June 24, 1991
(Presidential Determination No. 91-44; 56 F.R. 31039; July 8, 1991);
Union of Soviet Socialist Republics on August 2, 1991 (Presidential
Determination No. 91-47; 56 F.R. 40741; August 15, 1991); Republic of
Albania on June 15, 1992 (Presidential Determination No. 92-33; 57 F.R.
28583; June 26, 1992; and Proclamation 6445 of June 15, 1992; 57 F.R.
26921).
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(b) Any such bilateral commercial agreement shall--
(1) \305\ be limited to an initial period specified
in the agreement which shall be no more than 3 years
from the date the agreement enters into force; except
that it may be renewable for additional periods, each
not to exceed 3 years; if--
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\305\ On June 22, 1990, the President determined ``that actual or
foreseeable reductions in U.S. tariffs and non-tariff trade barriers
resulting from multilateral negotiations are satisfactorily
reciprocated by the Republic of Hungary. I have further found that a
satisfactory balance of concessions in trade and services has been
maintained during the life of the Agreement on Trade Relations between
the United States of America and the Republic of Hungary.''
(Presidential Determination No. 90-27 of June 22, 1990; 55 F.R. 25945).
A similar determination was made for the People's Republic of China
on January 31, 1992 (Presidential Determination No. 92-12; 57 F.R.
19077); and reconfirmed on June 21, 1996 (Presidential Determination
No. 96-33; 61 F.R. 32631).
Similar determinations were made relating to Belarus on March 7,
1996 (Presidential Determination No. 96-15; 61 F.R. 49935); Kazakhstan
on March 7, 1996 (Presidential Determination No. 96-16; 61 F.R. 49937);
Albania on August 27, 1996 (Presidential Determination No. 96-44; 61
F.R. 45849); Kyrgyzstan on August 27, 1996 (Presidential Determination
No. 96-45; 61 F.R. 45861); Ukraine on August 27, 1996 (Presidential
Determination No. 96-46; 61 F.R. 45863); Armenia on August 27, 1996
(Presidential Determination No. 96-47; 61 F.R. 45865); Moldova on
August 27, 1996 (Presidential Determination No. 96-48; 61 F.R. 45867);
Georgia on August 27, 1997 (Presidential Determination No. 96-49; 61
F.R. 45869); Turkmenistan on November 20, 1996 (Presidential
Determination No. 97-5; 61 F.R. 59303); Uzbekistan on November 26, 1996
(Presidential Determination No. 97-6; 61 F.R. 63693); and Tajikistan on
November 26, 1996 (Presidential Determination No. 97-7; 61 F.R. 63695).
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(A) a satisfactory balance of concessions in
trade and services has been maintained during
the life of such agreement, and
(B) the President determines that actual or
foreseeable reductions in United States tariffs
and nontariff barriers to trade resulting from
multilateral negotiations are satisfactorily
reciprocated by the other party to the
bilateral agreement;
(2) provide that it is subject to suspension or
termination at any time for national security reasons,
or that the other provisions of such agreement shall
not limit the rights of any party to take any action
for the protection of its security interests;
(3) include safeguard arrangements (A) providing for
prompt consultations whenever either actual or
prospective imports cause or threaten to cause, or
significantly contribute to, market disruption and (B)
authorizing the imposition of such import restrictions
as may be appropriate to prevent such market
disruption;
(4) if the other party to the bilateral agreement is
not a party to the Paris Convention for the Protection
of Industrial Property, provide rights for United
States nationals with respect to patents and trademarks
in such country not less than the rights specified in
such convention;
(5) if the other party to the bilateral agreement is
not a party to the Universal Copyright Convention,
provide rights for United States nationals with respect
to copyrights in such country not less than the rights
specified in such convention;
(6) in the case of an agreement entered into or
renewed after the date of the enactment of this Act,
provide arrangements for the protection of industrial
rights and processes;
(7) provide arrangements for the settlement of
commercial differences and disputes;
(8) in the case of an agreement entered into or
renewed after the date of the enactment of this Act,
provide arrangements for the promotion of trade, which
may include arrangements \306\ for the establishment of
expansion of trade and tourist promotion offices, for
facilitation of activities of governmental commercial
officers, participation in trade fairs and exhibits,
and the sending of trade missions, and for facilitation
of entry, establishment, and travel of commercial
representatives;
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\306\ Sec. 1106(f)(3) of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 312) struck out ``those'' and inserted in lieu
thereof ``arrangement''.
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(9) provide for consultations for the purpose of
reviewing the operation of the agreement and relevant
aspects of relations between the United States and the
other party; and
(10) provide such other arrangements of a commercial
nature as will promote the purposes of this Act.
(c) \307\ An agreement referred to in subsection (a), and a
proclamation referred to in section 404(a) implementing such
agreement, shall take effect only if a joint resolution
described in section 151(b)(3) that approves of the agreement
referred to in subsection (a) is enacted into law.
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\307\ Sec. 132(b)(1) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 645) amended and restated subsec. (c). See box
note, page 291, relating to effective date of amendment.
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SEC. 406.\308\ MARKET DISRUPTION.
(a)(1) Upon the filing of a petition by an entity described
in section 202(a),\309\ upon request of the President or the
United States Trade Representative,\310\ upon resolution of
either the Committee on Ways and Means of the House of
Representatives or the Committee on Finance of the Senate, or
on its own motion, the International Trade Commission
(hereafter in this section referred to as the ``Commission'')
shall promptly make an investigation to determine, with respect
to imports of an article which is the product of a Communist
country, whether market disruption exists with respect to an
article produced by a domestic industry.
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\308\ 19 U.S.C. 2436. The President issued a memorandum for the
USTR on April 21, 1994 in which he ``determined that import relief for
honey is not in the national economic interest of the United States.
However, I am directing the USTR, in consultation with the appropriate
agencies, to develop a plan to monitor imports of honey from China . .
.'' (59 F.R. 19627).
\309\ Sec. 406 was amended by sec. 1411(b) of the Omnibus Trade and
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1242) which
substituted ``202(a)'' in lieu of ``201(a)(1)'' in subsecs. (a)(1) and
(d); and inserted ``subsections (a)(3), (b)(4), and (c)(4) of section
202'' in lieu of ``subsections (a)(2), (b)(3), and (c) of section 201''
in subsec. (a)(2).
Sec. 1411(c) of that Act further stated the following:
``(c) Effective Date.--The amendments made by subsections (a) and
(b) apply with respect to investigations initiated under section 406(a)
of the Trade Act of 1974 on or after the date of the enactment of this
Act.''.
\310\ This position, formerly entitled the Special Representative
for Trade Negotiations, was redesignated as the United States Trade
Representative pursuant to sec. 1(b)(1) of Reorganization Plan No. 3 of
1979.
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(2) The provisions of subsections (a)(3), (b)(4), and
(c)(4) of section 202 \309\ shall apply with respect to
investigations by the Commission under paragraph (1).
(3) The Commission shall report to the President its
determination with respect to each investigation under
paragraph (1) and the basis therefor and shall include in each
report any dissenting or separate views. If the Commission
finds, as a result of its investigation, that market disruption
exists with respect to an article produced by a domestic
industry, it shall find the amount of the increase in, or
imposition of, any duty or other import restriction on such
article which is necessary to prevent or remedy such market
disruption and shall include such finding in its report to the
President. The Commission shall furnish to the President a
transcript of the hearings and any briefs which may have been
submitted in connection with each investigation.
(4) The report of the Commission of its determination with
respect to an investigation under paragraph (1) shall be made
at the earliest practicable time, but not later than 3 months
after the date on which the petition is filed (or the date on
which the request or resolution is received or the motion is
adopted, as the case may be). Upon making such report to the
President, the Commission shall also promptly make public such
report (with exception of information which the Commission
determines to be confidential) and shall cause a summary
thereof to be published in the Federal Register.
(b) \311\ With respect to any affirmative determination of
the Commission under subsection (a)--
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\311\ Sec. 1411(a) of Public Law 100-418 (102 Stat. 1241) amended
and restated subsec. (b).
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(1) such determination shall be treated as an
affirmative determination made under section 201(b) of
this Act (as in effect on the day before the date of
the enactment of the Omnibus Trade and Competitiveness
Act of 1988); and
(2) sections 202 and 203 of this Act (as in effect on
the day before the date of the enactment of such Act of
1988), rather than the provisions of chapter 1 of title
II of this Act as amended by section 1401 of such Act
of 1988, shall apply with respect to the taking of
subsequent action, if any, by the President in response
to such affirmative determination;
except that--
(A) the President may take action under such
sections 202 and 203 only with respect to
imports from the country or countries involved
of the article with respect to which the
affirmative determination was made; and
(B) if such action consists of, or includes,
an orderly marketing agreement, such agreement
shall be entered into within 60 days after the
import relief determination date.
(c) If, at any time, the President finds that there are
reasonable grounds to believe, with respect to imports of an
article which is the product of a Communist country, that
market disruption exists with respect to an article produced by
a domestic industry, he shall request the Commission to
initiate an investigation under subsection (a). If the
President further finds that emergency action is necessary, he
may take action under sections 202 and 203 referred to in
subsection (b) \312\ as if an affirmative determination of the
Commission had been made under subsection (a). Any action taken
by the President under the preceding sentence shall cease to
apply (1) if a negative determination is made by the Commission
under subsection (a) with respect to imports of such article,
on the day on which the Commission's report of such
determination is submitted to the President, or (2) if an
affirmative determination is made by the Commission under
subsection (a) with respect to imports of such article, on the
day on which the action taken by the President pursuant to such
determination becomes effective.
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\312\ Sec. 1411(a)(2) of Public Law 100-418 (102 Stat. 1242) added
the words ``referred to in subsection (b)''.
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(d)(1) A petition may be filed with the President by an
entity described in section 202(a) \309\ requesting the
President to initiate consultations provided for by the
safeguard arrangements of any agreement entered into under
section 405 with respect to imports of an article which is the
product of the country which is the other party to such
agreement.
(2) If the President determines that there are reasonable
grounds to believe, with respect to imports of such article,
that market disruption exists with respect to an article
produced by a domestic industry, he shall initiate
consultations with such country with respect to such imports.
(e) For purposes of this section--
(1) The term ``Communist country'' means any country
dominated or controlled by communism.
(2)(A) \313\ Market disruption exists within a
domestic industry whenever imports of an article, like
or directly competitive with an article produced by
such domestic industry, are increasing rapidly, either
absolutely or relatively, so as to be a significant
cause of material injury, or threat thereof, to such
domestic industry.
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\313\ Sec. 1411(a) of Public Law 100-418 (102 Stat. 1241) inserted
``(A)'' after ``(2)'' and added new subparas. ``(B)'' and ``(C)''.
Previously, sec. 1001(a)(4) of Public Law 106-36 (113 Stat. 130) made
technical corrections to subparas. (B) and (C).
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(B) For purposes of subparagraph (A):
(i) Imports of an article shall be considered
to be increasing rapidly if there has been a
significant increase in such imports (either
actual or relative to domestic production)
during a recent period of time.
(ii) The term ``significant cause'' refers to
a cause which contributes significantly to the
material injury of the domestic industry, but
need not be equal to or greater than any other
cause.
(C) The Commission, in determining whether market
disruption exists, shall consider, among other
factors--
(i) the volume of imports of the merchandise
which is the subject of the investigation;
(ii) the effect of imports of the merchandise
on prices in the United States for like or
directly competitive articles;
(iii) the impact of imports of such
merchandise on domestic producers of like or
directly competitive articles; and
(iv) evidence of disruptive pricing
practices, or other efforts to unfairly manage
trade patterns.
SEC. 407.\314\ PROCEDURE FOR CONGRESSIONAL APPROVAL OR DISAPPROVAL OF
EXTENSION OF NONDISCRIMINATORY TREATMENT AND
PRESIDENTIAL REPORTS.
(a) Whenever the President issues a proclamation under
section 404 extending nondiscriminatory treatment to the
products of any foreign country, he shall promptly transmit to
the House of Representatives and to the Senate a document
setting forth the proclamation and the agreement the
proclamation proposes to implement, together with his reasons
therefor.
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\314\ 19 U.S.C. 2437.
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(b) The President shall transmit to the House of
Representatives and the Senate a document containing the
initial report submitted by him under section 402(b) or 409(b)
with respect to a nonmarket economy country. On or before
December 31 of each year, the President shall transmit to the
House of Representatives and the Senate, a document containing
the report required by section 402(b) or 409(b) as the case may
be, to be submitted on or before such December 31.
(c) \315\ (1) In the case of a document referred to in
subsection (a), the proclamation set forth in the document may
become effective and the agreement set forth in the document
may enter into force and effect only if a joint resolution
described in section 151(b)(3) that approves of the extension
of nondiscriminatory treatment to the products of the country
concerned is enacted into law.
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\315\ Sec. 132(b)(3) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 646) struck out paras. (1) and (2) of subsec.
(c), inserted new text for para. (1), and redesignated para. (3) as
para. (2). See box note, page 291, relating to effective date of
amendment.
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(2) In the case of a document referred to in subsection (b)
which contains a report submitted by the President under
section 402(b) or 409(b) with respect to a nonmarket economy
country, if, before the close of the 90-day period beginning on
the day on which such document is delivered to the House of
Representatives and to the Senate, a joint resolution described
in section 152(a)(1)(B) is enacted into law that disapproves
\316\ of the report submitted by the President with respect to
such country, then beginning with the day after the end of the
60-day period beginning with the date of the enactment \317\ of
such resolution of disapproval, (A) nondiscriminatory treatment
shall not be in force with respect to the products of such
country, and the products of such country shall be dutiable at
the rates set forth in rate column numbered 2 of the Harmonized
Tariff Schedule \318\ of the United States, (B) such country
may not participate in any program of the Government of the
United States which extends credit or credit guarantees or
investment guarantees, and (C) no commercial agreement may
thereafter be concluded with such country under this title. If
the President vetoes the joint resolution, the joint resolution
shall be treated as enacted into law before the end of the 90-
day period under this paragraph if both Houses of Congress vote
to override such veto on or before the later of the last day of
such 90-day period or the last day of the 15-day period
(excluding any day described in section 154(b)) beginning on
the date the Congress receives the veto message from the
President.\319\
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\316\ Sec. 132(c)(1)(A) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 646) struck out ``either the House of
Representatives or the Senate adopts, by an affirmative vote of a
majority of those present and voting in that House, a resolution of
disapproval (under the procedures set forth in section 152)'' and
inserted in lieu thereof ``a joint resolution described in section
152(a)(1)(B) is enacted into law that disapproves''. See box note, page
291, relating to effective date of amendment.
\317\ Sec. 132(c)(1)(B) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 646) struck out ``the date of the
adoption'' and inserted in lieu thereof ``the end of the 60-day period
beginning with the date of the enactment''. See box note, page 291,
relating to effective date of amendment.
\318\ Sec. 1214(j)(4) of Public Law 100-418 (102 Stat. 1158) struck
out ``Tariff Schedules of'' and inserted in lieu thereof ``Harmonized
Tariff Schedule of''.
\319\ Sec. 132(c)(1)(C) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 646) added the last sentence. See box
note, page 291, relating to effective date of amendment.
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SEC. 408.\320\ PAYMENT BY CZECHOSLOVAKIA OF AMOUNTS OWED UNITED STATES
CITIZENS AND NATIONALS.
(a) The arrangement initiated on July 5, 1974, with respect
to the settlement of the claims of citizens and nationals of
the United States against the Government of Czechoslovakia
shall be renegotiated and shall be submitted to the Congress as
part of any agreement entered into under this title with
Czechoslovakia.
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\320\ 19 U.S.C. 2438.
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(b) The United States shall not release any gold belonging
to Czechoslovakia and controlled directly or indirectly by the
United States pursuant to the provisions of the Paris
Reparations Agreement of January 24, 1946, or otherwise, until
such agreement has been approved by the Congress.
SEC. 409.\321\ FREEDOM TO EMIGRATE TO JOIN A VERY CLOSE RELATIVE IN THE
UNITED STATES.
(a) \322\ To assure the continued dedication of the United
States to the fundamental human rights and welfare of its own
citizens, and notwithstanding any other provision of law, on or
after the date of the enactment of this Act, no nonmarket
economy country shall participate in any program of the
Government of the United States which extends credits or credit
guarantees or investment guarantees, directly or indirectly,
and the President of the United States shall not conclude any
commercial agreement with any such country, during the period
beginning with the date on which the President determines that
such country--
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\321\ 19 U.S.C. 2439.
\322\ A Presidential Determination of January 22, 1991 (unnumbered)
stated that the Republic of Hungary continued ``to meet the emigration
criteria of the Jackson-Vanik amendment to, and section 409 of, the
Trade Act of 1974. This determination allowed for Hungary to retain
most favored nation (MFN) status without an annual waiver.''. The
President extended this determination on August 5, 1991 (letter to
Speaker of the House and President of the Senate).
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(1) denies its citizens the right or opportunity to
join permanently through emigration, a very close
relative in the United States, such as a spouse,
parent, child, brother, or sister;
(2) imposes more than a nominal tax on the visas or
other documents required for emigration described in
paragraph (1); or
(3) imposes more than a nominal tax, levy, fine, fee,
or other charge on any citizen as a consequence of the
desire of such citizen to emigrate as described in
paragraph (1),
and ending on the date on which the President determines that
such country is no longer in violation of paragraph (1), (2),
or (3).
(b) After the date of the enactment of this Act, (A) a
nonmarket economy country may participate in any program of the
Government of the United States which extends credits or credit
guarantees or investment guarantees, and (B) the President may
conclude a commercial agreement with such country, only after
the President has submitted to the Congress a report indicating
that such country is not in violation of paragraph (1), (2), or
(3) of subsection (a). Such report with respect to such country
shall include information as to the nature and implementation
of its laws and policies and restrictions or discrimination
applied to or against persons wishing to emigrate to the United
States to join close relatives. The report required by this
subsection shall be submitted initially as provided herein and,
with current information, on or before each June 30 and
December 31 thereafter, so long as such credits or guarantees
are extended or such agreement is in effect.
(c) This section shall not apply to any country the
products of which are eligible for the rates set forth in rate
column numbered 1 of the Tariff Schedules of the United States
on the date of enactment of this Act.
(d) During any period that a waiver is in effect with
respect to any nonmarket economy country under section 402(c),
the provisions of subsections (a) and (b) shall not apply with
respect to such country.
SEC. 410.\323\ * * * [REPEALED--1996]
SEC. 411.\324\ * * * [REPEALED--1998]
CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION OF
TRADE TO THE UNITED STATES MARKET \325\
SEC. 421.\326\ ACTION TO ADDRESS MARKET DISRUPTION.
(a) Presidential Action.--If a product of the People's
Republic of China is being imported into the United States in
such increased quantities or under such conditions as to cause
or threaten to cause market disruption to the domestic
producers of a like or directly competitive product, the
President shall, in accordance with the provisions of this
section, proclaim increased duties or other import restrictions
with respect to such product, to the extent and for such period
as the President considers necessary to prevent or remedy the
market disruption.
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\323\ Formerly at 19 U.S.C. 2440. Sec. 17 of Public Law 104-295
(110 Stat. 3524) repealed sec. 410, which had provided for an ``East-
West trade statistics monitoring system''.
\324\ Formerly at 19 U.S.C. 2441. Sec. 1401(b)(2) of Public Law
105-362 (112 Stat. 3294) repealed sec. 411, which had established an
``East-West Foreign Trade Board''. Sec. 1001(a)(4) Public Law 106-36
(113 Stat. 130) repealed the section (and the item relating to it in
the table of contents) as well, failing to take into account its
earlier repeal.
\325\ Sec. 103(a)(3) of Public Law 106-286 (114 Stat. 882) added
this chapter heading and secs. 421 through 423.
\326\ 19 U.S.C. 2451a.
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(b) Initiation of an Investigation.--(1) Upon the filing of
a petition by an entity described in section 2252(c) of this
title, upon request of the President or the United States Trade
Representative (in this part referred to as the ``Trade
Representative''), upon resolution of either the Committee on
and Means of the House of Representatives, or the Committee on
Finance of the Senate (in this chapter \327\ referred to as the
`Committees') or on this chapter \327\ referred to as the
`Commission') shall promptly make an investigation to determine
whether products of the People's Republic of China are being
imported into the United States in such increased quantities or
under such conditions as to cause or threaten to cause market
disruption to the domestic producers of like or directly
competitive products.
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\327\ Sec. 2204(d)(3) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
``subtitle'' and inserted in lieu thereof ``chapter''.
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(2) The limitations on investigations set forth in section
202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall
apply to investigations conducted under this section.
(3) The provisions of subsections (a)(8) and (i) of section
202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)),
relating to treatment of confidential business information,
shall apply to investigations conducted under this section.
(4) Whenever a petition is filed, or a request or
resolution is received, under this subsection, the Commission
shall transmit a copy thereof to the President, the Trade
Representative, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate,
except that in the case of confidential business information,
the copy may include only nonconfidential summaries of such
information.
(5) The Commission shall publish notice of the commencement
of any proceeding under this subsection in the Federal Register
and shall, within a reasonable time thereafter, hold public
hearings at which the Commission shall afford interested
parties an opportunity to be present, to present evidence, to
respond to the presentations of other parties, and otherwise to
be heard.
(c) Market Disruption.--(1) For purposes of this section,
market disruption exists whenever imports of an article like or
directly competitive with an article produced by a domestic
industry are increasing rapidly, either absolutely or
relatively, so as to be a significant cause of material injury,
or threat of material injury, to the domestic industry.
(2) For purposes of paragraph (1) the term ``significant
cause'' refers to a cause which contributes significantly to
the material injury of the domestic industry, but need not be
equal to or greater than any other cause.
(d) Factors in Determination.--In determining whether
market disruption exists, the Commission shall consider
objective factors, including--
(1) the volume of imports of the product which is the
subject of the investigation;
(2) the effect of imports of such product on prices
in the United States for like or directly competitive
articles; and
(3) the effect of imports of such product on the
domestic industry producing like or directly
competitive articles.
The presence or absence of any factor under paragraph (1), (2),
or (3) is not necessarily dispositive of whether market
disruption exists.
(e) Time for Commission Determinations.--The Commission
shall make and transmit to the President and the Trade
Representative its determination under subsection (b)(1) at the
earliest practicable time, but in no case later than 60 days
(or 90 days in the case of a petition requesting relief under
subsection (i)) after the date on which the petition is filed,
the request or resolution is received, or the motion is
adopted, under subsection (b). If the Commissioners voting are
equally divided with respect to its determination, then the
determination agreed upon by either group of Commissioners may
be considered by the President and the Trade Representative as
the determination of the Commission.
(f) Recommendations of Commission on Proposed Remedies.--If
the Commission makes an affirmative determination under
subsection (b), or a determination which the President or the
Trade Representative may consider as affirmative under
subsection (e), the Commission shall propose the amount of
increase in, or imposition of, any duty or other import
restrictions necessary to prevent or remedy the market
disruption. Only those members of the Commission who agreed to
the affirmative determination under subsection (b) are eligible
to vote on the proposed action to prevent or remedy market
disruption. Members of the Commission who did not agree to the
affirmative determination may submit, in the report required
under subsection (g), separate views regarding what action, if
any, should be taken to prevent or remedy market disruption.
(g) Report by Commission.--(1) Not later than 20 days after
a determination under subsection (b) is made, the Commission
shall submit a report to the President and the Trade
Representative.
(2) The Commission shall include in the report required
under paragraph (1) the following:
(A) The determination made under subsection (b) and
an explanation of the basis for the determination.
(B) If the determination under subsection (b) is
affirmative, or may be considered by the President or
the Trade Representative as affirmative under
subsection (e), the recommendations of the Commission
on proposed remedies under subsection (f ) and an
explanation of the basis for each recommendation.
(C) Any dissenting or separate views by members of
the Commission regarding the determination and any
recommendation referred to in subparagraphs (A) and
(B).
(D) A description of--
(i) the short- and long-term effects that
implementation of the action recommended under
subsection (f) is likely to have on the
petitioning domestic industry, on other
domestic industries, and on consumers; and
(ii) the short- and long-term effects of not
taking the recommended action on the
petitioning domestic industry, its workers, and
the communities where production facilities of
such industry are located, and on other
domestic industries.
(3) The Commission, after submitting a report to the
President under paragraph (1), shall promptly make it available
to the public (but shall not include confidential business
information) and cause a summary thereof to be published in the
Federal Register.
(h) Opportunity to Present Views and Evidence on Proposed
Measure and Recommendation to the President.--(1) Within 20
days after receipt of the Commission's report under subsection
(g) (or 15 days in the case of an affirmative preliminary
determination under subsection (i)(1)(B)), the Trade
Representative shall publish in the Federal Register notice of
any measure proposed by the Trade Representative to be taken
pursuant to subsection (a) and of the opportunity, including a
public hearing, if requested, for importers, exporters, and
other interested parties to submit their views and evidence on
the appropriateness of the proposed measure and whether it
would be in the public interest.
(2) Within 55 days after receipt of the report under
subsection (g) (or 35 days in the case of an affirmative
preliminary determination under subsection (i)(1)(B)), the
Trade Representative, taking into account the views and
evidence received under paragraph (1) on the measure proposed
by the Trade Representative, shall make a recommendation to the
President concerning what action, if any, to take to prevent or
remedy the market disruption.
(i) Critical Circumstances.--(1) When a petition filed
under subsection (b) alleges that critical circumstances exist
and requests that provisional relief be provided under this
subsection with respect to the product identified in the
petition, the Commission shall, not later than 45 days after
the petition containing the request is filed--
(A) determine whether delay in taking action under
this section would cause damage to the relevant
domestic industry which would be difficult to repair;
and
(B) if the determination under subparagraph (A) is
affirmative, make a preliminary determination of
whether imports of the product which is the subject of
the investigation have caused or threatened to cause
market disruption.
If the Commissioners voting are equally divided with respect to
either of its determinations, then the determination agreed
upon by either group of Commissioners may be considered by the
President and the Trade Representative as the determination of
the Commission.
(2) On the date on which the Commission completes its
determinations under paragraph (1), the Commission shall
transmit a report on the determinations to the President and
the Trade Representative, including the reasons for its
determinations. If the determinations under paragraph (1) are
affirmative, or may be considered by the President or the Trade
Representative as affirmative under paragraph (1), the
Commission shall include in its report its recommendations on
proposed provisional measures to be taken to prevent or remedy
the market disruption. Only those members of the Commission who
agreed to the affirmative determinations under paragraph (1)
are eligible to vote on the proposed provisional measures to
prevent or remedy market disruption. Members of the Commission
who did not agree to the affirmative determinations may submit,
in the report, dissenting or separate views regarding the
determination and any recommendation of provisional measures
referred to in this paragraph.
(3) If the determinations under paragraph (1) are
affirmative, or may be considered by the President or the Trade
Representative as affirmative under paragraph (1), the Trade
Representative shall, within 10 days after receipt of the
Commission's report, determine the amount or extent of
provisional relief that is necessary to prevent or remedy the
market disruption and shall provide a recommendation to the
President on what provisional measures, if any, to take.
(4)(A) The President shall determine whether to provide
provisional relief and proclaim such relief, if any, within 10
days after receipt of the recommendation from the Trade
Representative.
(B) Such relief may take the form of--
(i) the imposition of or increase in any duty;
(ii) any modification, or imposition of any
quantitative restriction on the importation of an
article into the United States; or
(iii) any combination of actions under clauses (i)
and (ii).
(C) Any provisional action proclaimed by the President
pursuant to a determination of critical circumstances shall
remain in effect not more than 200 days.
(D) Provisional relief shall cease to apply upon the
effective date of relief proclaimed under subsection (a), upon
a decision by the President not to provide such relief, or upon
a negative determination by the Commission under subsection
(b).
(j) Agreements with the People's Republic of China.--(1)
The Trade Representative is authorized to enter into agreements
for the People's Republic of China to take such action as
necessary to prevent or remedy market disruption, and should
seek to conclude such agreements before the expiration of the
60-day consultation period provided for under the product-
specific safeguard provision of the Protocol of Accession of
the People's Republic of China to the WTO, which shall commence
not later than 5 days after the Trade Representative receives
an affirmative determination provided for in subsection (e) or
a determination which the Trade Representative considers to be
an affirmative determination pursuant to subsection (e).
(2) If no agreement is reached with the People's Republic of
China pursuant to consultations under paragraph (1), or if the
President determines than an agreement reached pursuant to such
consultations is not preventing or remedying the market
disruption at issue, the President shall provide import relief
in accordance with subsection (a).
(k) Standard for Presidential Action.--(1) Within 15 days
after receipt of a recommendation from the Trade Representative
under subsection (h) on the appropriate action, if any, to take
to prevent or remedy the market disruption, the President shall
provide import relief for such industry pursuant to subsection
(a), unless the President determines that provision of such
relief is not in the national economic interest of the United
States or, in extraordinary cases, that the taking of action
pursuant to subsection (a) would cause serious harm to the
national security of the United States.
(2) The President may determine under paragraph (1) that
providing import relief is not in the national economic
interest of the United States only if the President finds that
the taking of such action would have an adverse impact on the
United States economy clearly greater than the benefits of such
action.
(l) Publication of Decision and Reports.--(1) The
President's decision, including the reasons therefor and the
scope and duration of any action taken, shall be published in
the Federal Register.
(2) The Commission shall promptly make public any report
transmitted under this section, but shall not make public any
information which the Commission determines to be confidential,
and shall publish notice of such report in the Federal
Register.
(m) Effective Date of Relief.--Import relief under this
section shall take effect not later than 15 days after the
President's determination to provide such relief.
(n) Modifications of Relief.--(1) At any time after the end
of the 6-month period beginning on the date on which relief
under subsection (m) first takes effect, the President may
request that the Commission provide a report on the probable
effect of the modification, reduction, or termination of the
relief provided on the relevant industry. The Commission shall
transmit such report to the President within 60 days of the
request.
(2) The President may, after receiving a report from the
Commission under paragraph (1), take such action to modify,
reduce, or terminate relief that the President determines is
necessary to continue to prevent or remedy the market
disruption at issue.
(3) Upon the granting of relief under subsection (k), the
Commission shall collect such data as is necessary to allow it
to respond rapidly to a request by the President under
paragraph (1).
(o) Extension of Action.--(1) Upon request of the
President, or upon petition on behalf of the industry concerned
filed with the Commission not earlier than the date which is 9
months, and not later than the date which is 6 months, before
the date any relief provided under subsection (k) is to
terminate, the Commission shall investigate to determine
whether action under this section continues to be necessary to
prevent or remedy market disruption.
(2) The Commission shall publish notice of the commencement
of any proceeding under this subsection in the Federal Register
and shall, within a reasonable time thereafter, hold a public
hearing at which the Commission shall afford interested parties
and consumers an opportunity to be present, to present
evidence, and to respond to the presentations of other parties
and consumers, and otherwise to be heard.
(3) The Commission shall transmit to the President a report
on its investigation and determination under this subsection
not later than 60 days before the action under subsection (m)
is to terminate.
(4) The President, after receiving an affirmative
determination from the Commission under paragraph (3), may
extend the effective period of any action under this section if
the President determines that the action continues to be
necessary to prevent or remedy the market disruption.
SEC. 422.\328\ ACTION IN RESPONSE TO TRADE DIVERSION.
---------------------------------------------------------------------------
\328\ 19 U.S.C. 2451a. Sec. 103(a)(3) of Public Law 106-286 (114
Stat. 887) added sec. 422.
---------------------------------------------------------------------------
(a) Monitoring by Customs Service.--In any case in which a
WTO member other than the United States requests consultations
with the People's Republic of China under the product-specific
safeguard provision of the Protocol of Accession of the
People's Republic of China to the World Trade Organization, the
Trade Representative shall inform the United States Customs
Service, which shall monitor imports into the United States of
those products of Chinese origin that are the subject of the
consultation request. Data from such monitoring shall promptly
be made available to the Commission upon request by the
Commission.
(b) Initiation of Investigation.--(1) Upon the filing of a
petition by an entity described in section 202(a) of the Trade
Act of 1974, upon the request of the President or the Trade
Representative, upon resolution of either of the Committees, or
on its own motion, the Commission shall promptly make an
investigation to determine whether an action described in
subsection (c) has caused, or threatens to cause, a significant
diversion of trade into the domestic market of the United
States.
(2) The Commission shall publish notice of the commencement
of any proceeding under this subsection in the Federal Register
and shall, within a reasonable time thereafter, hold public
hearings at which the Commission shall afford interested
parties an opportunity to be present, to present evidence, to
respond to the presentations of other parties, and otherwise to
be heard.
(3) The provisions of subsections (a)(8) and (i) of section
202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)),
relating to treatment of confidential business information,
shall apply to investigations conducted under this section.
(c) Actions Described.--An action is described in this
subsection if it is an action--
(1) by the People's Republic of China to prevent or
remedy market disruption in a WTO member other than the
United States;
(2) by a WTO member other than the United States to
withdraw concessions under the WTO Agreement or
otherwise to limit imports to prevent or remedy market
disruption;
(3) by a WTO member other than the United States to
apply a provisional safeguard within the meaning of the
product-specific safeguard provision of the Protocol of
Accession of the People's Republic of China to the WTO;
or
(4) any combination of actions described in
paragraphs (1) through (3).
(d) Basis for Determination of Significant Diversion.--(1)
In determining whether significant diversion or the threat
thereof exists for purposes of this section, the Commission
shall take into account, to the extent such evidence is
reasonably available--
(A) the monitoring conducted under subsection (a);
(B) the actual or imminent increase in United States
market share held by such imports from the People's
Republic of China;
(C) the actual or imminent increase in volume of such
imports into the United States;
(D) the nature and extent of the action taken or
proposed by the WTO member concerned;
(E) the extent of exports from the People's Republic
of China to that WTO member and to the United States;
(F) the actual or imminent changes in exports to that
WTO member due to the action taken or proposed;
(G) the actual or imminent diversion of exports from
the People's Republic of China to countries other than
the United States;
(H) cyclical or seasonal trends in import volumes
into the United States of the products at issue; and
(I) conditions of demand and supply in the United
States market for the products at issue.
The presence or absence of any factor under any of
subparagraphs (A) through (I) is not necessarily dispositive of
whether a significant diversion of trade or the threat thereof
exists.
(2) For purposes of making its determination, the Commission
shall examine changes in imports into the United States from
the People's Republic of China since the time that the WTO
member commenced the investigation that led to a request for
consultations described in subsection (a).
(3) If more than one action by a WTO member or WTO members
against a particular product is identified in the petition,
request, or resolution under subsection (b) or during the
investigation, the Commission may cumulatively assess the
actual or likely effects of such actions jointly in determining
whether a significant diversion of trade or threat thereof
exists.
(e) Commission Determination; Agreement Authority.--(1) The
Commission shall make and transmit to the President and the
Trade Representative its determination under subsection (b) at
the earliest practicable time, but in no case later than 45
days after the date on which the petition is filed, the request
or resolution is received, or the motion is adopted, under
subsection (b). If the Commissioners voting are equally divided
with respect to its determination, then the determination
agreed upon by either group of Commissioners may be considered
by the President and the Trade Representative as the
determination of the Commission.
(2) The Trade Representative is authorized to enter into
agreements with the People's Republic of China or the other WTO
members concerned to take such action as necessary to prevent
or remedy significant trade diversion or threat thereof into
the domestic market of the United States, and should seek to
conclude such agreements before the expiration of the 60-day
consultation period provided for under the product-specific
safeguard provision of the Protocol of Accession of the
People's Republic of China to the WTO, which shall commence not
later than 5 days after the Trade Representative receives an
affirmative determination provided for in paragraph (1) or a
determination which the Trade Representative considers to be an
affirmative determination pursuant to paragraph (1).
(3) Report by Commission.--
(A) Not later than 10 days after a determination
under subsection (b), is made, the Commission shall
transmit a report to the President and the Trade
Representative.
(B) The Commission shall include in the report
required under subparagraph (A) the following:
(i) The determination made under subsection
(b) and an explanation of the basis for the
determination.
(ii) If the determination under subsection
(b) is affirmative, or may be considered by the
President or the Trade Representative as
affirmative under subsection (e)(1), the
recommendations of the Commission on increased
tariffs or other import restrictions to be
imposed to prevent or remedy the trade
diversion or threat thereof, and explanations
of the bases for such recommendations. Only
those members of the Commission who agreed to
the affirmative determination under subsection
(b) are eligible to vote on the proposed action
to prevent or remedy the trade diversion or
threat thereof.
(iii) Any dissenting or separate views by
members of the Commission regarding the
determination and any recommendation referred
to in clauses (i) and (ii).
(iv) A description of--
(I) the short- and long-term effects
that implementation of the action
recommended under clause (ii) is likely
to have on the petitioning domestic
industry, on other domestic industries,
and on consumers; and
(II) the short- and long-term effects
of not taking the recommended action on
the petitioning domestic industry, its
workers and the communities where
production facilities of such industry
are located, and on other domestic
industries.
(C) The Commission, after submitting a report to the
President under subparagraph (A), shall promptly make
it available to the public (with the exception of
confidential business information) and cause a summary
thereof to be published in the Federal Register.
(f) Public Comment.--If consultations fail to lead to an
agreement with the People's Republic of China or the WTO member
concerned within 60 days, the Trade Representative shall
promptly publish notice in the Federal Register of any proposed
action to prevent or remedy the trade diversion, and provide an
opportunity for interested persons to present views and
evidence on whether the proposed action is in the public
interest.
(g) Recommendation to the President.--Within 20 days after
the end of consultations pursuant to subsection (e), the Trade
Representative shall make a recommendation to the President on
what action, if any, should be taken to prevent or remedy the
trade diversion or threat thereof.
(h) Presidential Action.--Within 20 days after receipt of
the recommendation from the Trade Representative, the President
shall determine what action to take to prevent or remedy the
trade diversion or threat thereof.
(i) Duration of Action.--Action taken under subsection (h)
shall be terminated not later than 30 days after expiration of
the action taken by the WTO member or members involved against
imports from the People's Republic of China.
(j) Review of Circumstances.-- \329\ The Commission shall
review the continued need for action taken under subsection (h)
if the WTO member or members involved notify the Committee on
Safeguards of the WTO of any modification in the action taken
by them against the People's Republic of China pursuant to
consultation referred to in subsection (a). The Commission
shall, not later than 60 days after such notification,
determine whether a significant diversion of trade continues to
exist and report its determination to the President. The
President shall determine, within 15 days after receiving the
Commission's report, whether to modify, withdraw, or keep in
place the action taken under subsection (h).
---------------------------------------------------------------------------
\329\ Sec. 2204(d)(4) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
``(1)'' which had appeared at this point.
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SEC. 423.\330\ REGULATIONS; TERMINATION OF PROVISION.
---------------------------------------------------------------------------
\330\ 19 U.S.C. 2451b. Sec. 103(a)(3) of Public Law 106-286 (114
Stat. 890) inserted sec. 423.
---------------------------------------------------------------------------
(a) To Carry Out Restrictions and Monitoring.--The
President shall by regulation provide for the efficient and
fair administration of any restriction proclaimed pursuant to
the subtitle and to provide for effective monitoring of imports
under section 422(a).
(b) To Carry Out Agreements.--To carry out an agreement
concluded pursuant to consultations under section 421(j) or
422(e)(2), the President is authorized to prescribe regulations
governing the entry or withdrawal from warehouse of articles
covered by such agreement.
(c) Termination Date.--This subtitle and any regulations
issued under this subtitle shall cease to be effective 12 years
after the date of entry into force of the Protocol of Accession
of the People's Republic of China to the WTO.
TITLE V--GENERALIZED SYSTEM OF PREFERENCES \331\
SEC. 501.\332\ AUTHORITY TO EXTEND PREFERENCES.
The President may provide duty-free treatment for any
eligible article from any beneficiary developing country in
accordance with the provisions of this title. In taking any
such action, the President shall have due regard for--
---------------------------------------------------------------------------
\331\ Sec. 1952(a) of the GSP Renewal Act of 1996 (in subtitle J of
title I of the Small Business Job Protection Act of 1996; Public Law
104-188; 110 Stat. 1917) amended and restated title V in its entirety,
effective October 1, 1996.
For amendment history and related executive actions before
enactment of the amendment see page 879.
\332\ 19 U.S.C. 2461.
---------------------------------------------------------------------------
(1) the effect such action will have on furthering
the economic development of developing countries
through the expansion of their exports;
(2) the extent to which other major developed
countries are undertaking a comparable effort to assist
developing countries by granting generalized
preferences with respect to imports of products of such
countries;
(3) the anticipated impact of such action on United
States producers of like or directly competitive
products; and
(4) the extent of the beneficiary developing
country's competitiveness with respect to eligible
articles.
SEC. 502.\333\ DESIGNATION OF BENEFICIARY DEVELOPING COUNTRIES.
(a) Authority To Designate Countries.--
---------------------------------------------------------------------------
\333\ 19 U.S.C. 2462.
---------------------------------------------------------------------------
(1) Beneficiary developing countries.--The President
is authorized to designate countries as beneficiary
developing countries for purposes of this title.
(2) Least-developed beneficiary developing
countries.--The President is authorized to designate
any beneficiary developing country as a least-developed
beneficiary developing country for purposes of this
title, based on the considerations in section 501 and
subsection (c) of this section.
(b) Countries Ineligible for Designation.--
(1) Specific countries.--The following countries may
not be designated as beneficiary developing countries
for purposes of this title:
(A) Australia.
(B) Canada.
(C) European Union member states.
(D) Iceland.
(E) Japan.
(F) Monaco.
(G) New Zealand.
(H) Norway.
(I) Switzerland.
(2) Other bases for ineligibility.--The President
shall not designate any country a beneficiary
developing country under this title if any of the
following applies:
(A) Such country is a Communist country,
unless--
(i) the products of such country
receive nondiscriminatory treatment,
(ii) such country is a WTO Member (as
such term is defined in section 2(10)
of the Uruguay Round Agreements Act)
(19 U.S.C. 3501(10)) and a member of
the International Monetary Fund, and
(iii) such country is not dominated
or controlled by international
communism.
(B) Such country is a party to an arrangement
of countries and participates in any action
pursuant to such arrangement, the effect of
which is--
(i) to withhold supplies of vital
commodity resources from international
trade or to raise the price of such
commodities to an unreasonable level,
and
(ii) to cause serious disruption of
the world economy.
(C) Such country affords preferential
treatment to the products of a developed
country, other than the United States, which
has, or is likely to have, a significant
adverse effect on United States commerce.
(D)(i) Such country--
(I) has nationalized, expropriated,
or otherwise seized ownership or
control of property, including patents,
trademarks, or copyrights, owned by a
United States citizen or by a
corporation, partnership, or
association which is 50 percent or more
beneficially owned by United States
citizens,
(II) has taken steps to repudiate or
nullify an existing contract or
agreement with a United States citizen
or a corporation, partnership, or
association which is 50 percent or more
beneficially owned by United States
citizens, the effect of which is to
nationalize, expropriate, or otherwise
seize ownership or control of property,
including patents, trademarks, or
copyrights, so owned, or
(III) has imposed or enforced taxes
or other exactions, restrictive
maintenance or operational conditions,
or other measures with respect to
property, including patents,
trademarks, or copyrights, so owned,
the effect of which is to nationalize,
expropriate, or otherwise seize
ownership or control of such property,
unless clause (ii) applies.
(ii) This clause applies if the President
determines that--
(I) prompt, adequate, and effective
compensation has been or is being made
to the citizen, corporation,
partnership, or association referred to
in clause (i),
(II) good faith negotiations to
provide prompt, adequate, and effective
compensation under the applicable
provisions of international law are in
progress, or the country described in
clause (i) is otherwise taking steps to
discharge its obligations under
international law with respect to such
citizen, corporation, partnership, or
association, or
(III) a dispute involving such
citizen, corporation, partnership, or
association over compensation for such
a seizure has been submitted to
arbitration under the provisions of the
Convention for the Settlement of
Investment Disputes, or in another
mutually agreed upon forum,
and the President promptly furnishes a copy of
such determination to the Senate and House of
Representatives.
(E) Such country fails to act in good faith
in recognizing as binding or in enforcing
arbitral awards in favor of United States
citizens or a corporation, partnership, or
association which is 50 percent or more
beneficially owned by United States citizens,
which have been made by arbitrators appointed
for each case or by permanent arbitral bodies
to which the parties involved have submitted
their dispute.
(F) \334\ Such country aids or abets, by
granting sanctuary from prosecution to, any
individual or group which has committed an act
of international terrorism or the Secretary of
State makes a determination with respect to
such country under section 6(j)(1)(A) of the
Export Administration Act of 1979 or such
country has not taken steps to support the
efforts of the United States to combat
terrorism. \335\
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\334\ Sec. 35(a) of Public Law 104-295 (110 Stat. 3538) amended and
restated subpara. (F), effective October 1, 1996. It formerly read as
follows: ``Such country aids or abets, by granting sanctuary from
prosecution to, any individual or group which has committed an act of
international terrorism.''.
\335\ Sec. 4102(a) of the Trade Act of 2002 (Public Law 107-210;
116 Stat. 1040) inserted ``or such country has not taken steps to
support the efforts of the United States to combat terrorism''.
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(G) Such country has not taken or is not
taking steps to afford internationally
recognized worker rights to workers in the
country (including any designated zone in that
country).
(H) \336\ Such country has not implemented
its commitments to eliminate the worst forms of
child labor.
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\336\ Sec. 412(a)(1) of Public Law 106-200 (114 Stat. 298) added
subpara. (H).
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Subparagraphs (D), (E), (F), (G), and (H) (to the
extent described in section 507(6)(D)) \337\ shall not
prevent the designation of any country as a beneficiary
developing country under this title if the President
determines that such designation will be in the
national economic interest of the United States and
reports such determination to the Congress with the
reasons therefor.
---------------------------------------------------------------------------
\337\ Sec. 412(a)(2) of Public Law 106-200 (114 Stat. 298) struck
out ``and (G)'' and inserted in lieu thereof ``(G), and (H) (to the
extent described in section 507(6)(D))''.
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(c) Factors Affecting Country Designation.--In determining
whether to designate any country as a beneficiary developing
country under this title, the President shall take into
account--
(1) an expression by such country of its desire to be
so designated;
(2) the level of economic development of such
country, including its per capita gross national
product, the living standards of its inhabitants, and
any other economic factors which the President deems
appropriate;
(3) whether or not other major developed countries
are extending generalized preferential tariff treatment
to such country;
(4) the extent to which such country has assured the
United States that it will provide equitable and
reasonable access to the markets and basic commodity
resources of such country and the extent to which such
country has assured the United States that it will
refrain from engaging in unreasonable export practices;
(5) the extent to which such country is providing
adequate and effective protection of intellectual
property rights;
(6) the extent to which such country has taken action
to--
(A) reduce trade distorting investment
practices and policies (including export
performance requirements); and
(B) reduce or eliminate barriers to trade in
services; and
(7) whether or not such country has taken or is
taking steps to afford to workers in that country
(including any designated zone in that country)
internationally recognized worker rights.
(d) Withdrawal, Suspension, or Limitation of Country
Designation.--
(1) In general.--The President may withdraw, suspend,
or limit the application of the duty-free treatment
accorded under this title with respect to any country.
In taking any action under this subsection, the
President shall consider the factors set forth in
section 501 and subsection (c) of this section.
(2) Changed circumstances.--The President shall,
after complying with the requirements of subsection
(f)(2), withdraw or suspend the designation of any
country as a beneficiary developing country if, after
such designation, the President determines that as the
result of changed circumstances such country would be
barred from designation as a beneficiary developing
country under subsection (b)(2). Such country shall
cease to be a beneficiary developing country on the day
on which the President issues an Executive order or
Presidential proclamation revoking the designation of
such country under this title.
(3) Advice to congress.--The President shall, as
necessary, advise the Congress on the application of
section 501 and subsection (c) of this section, and the
actions the President has taken to withdraw, to
suspend, or to limit the application of duty-free
treatment with respect to any country which has failed
to adequately take the actions described in subsection
(c).
(e) Mandatory Graduation of Beneficiary Developing
Countries.--If the President determines that a beneficiary
developing country has become a ``high income'' country, as
defined by the official statistics of the International Bank
for Reconstruction and Development, then the President shall
terminate the designation of such country as a beneficiary
developing country for purposes of this title, effective on
January 1 of the second year following the year in which such
determination is made.
(f) Congressional Notification.--
(1) Notification of designation.--
(A) In general.--Before the President
designates any country as a beneficiary
developing country under this title, the
President shall notify the Congress of the
President's intention to make such designation,
together with the considerations entering into
such decision.
(B) Designation as least-developed
beneficiary developing country.--At least 60
days before the President designates any
country as a least-developed beneficiary
developing country, the President shall notify
the Congress of the President's intention to
make such designation.
(2) Notification of termination.--If the President
has designated any country as a beneficiary developing
country under this title, the President shall not
terminate such designation unless, at least 60 days
before such termination, the President has notified the
Congress and has notified such country of the
President's intention to terminate such designation,
together with the considerations entering into such
decision.
SEC. 503.\338\ DESIGNATION OF ELIGIBLE ARTICLES.
(a) Eligible Articles.--
---------------------------------------------------------------------------
\338\ 19 U.S.C. 2463.
---------------------------------------------------------------------------
(1) Designation.--
(A) In general.--Except as provided in
subsection (b), the President is authorized to
designate articles as eligible articles from
all beneficiary developing countries for
purposes of this title by Executive order or
Presidential proclamation after receiving the
advice of the International Trade Commission in
accordance with subsection (e).
(B) Least-developed beneficiary developing
countries.--Except for articles described in
subparagraphs (A), (B), and (E) of subsection
(b)(1) and articles described in paragraphs (2)
and (3) of subsection (b), the President may,
in carrying out section 502(d)(1) and
subsection (c)(1) of this section, designate
articles as eligible articles only for
countries designated as least-developed
beneficiary developing countries under section
502(a)(2) if, after receiving the advice of the
International Trade Commission in accordance
with subsection (e) of this section, the
President determines that such articles are not
import-sensitive in the context of imports from
least-developed beneficiary developing
countries.
(C) Three-year rule.--If, after receiving the
advice of the International Trade Commission
under subsection (e), an article has been
formally considered for designation as an
eligible article under this title and denied
such designation, such article may not be
reconsidered for such designation for a period
of 3 years after such denial.
(2) Rule of origin.--
(A) General rule.--The duty-free treatment
provided under this title shall apply to any
eligible article which is the growth, product,
or manufacture of a beneficiary developing
country if--
(i) that article is imported directly
from a beneficiary developing country
into the customs territory of the
United States; and
(ii) the sum of--
(I) the cost or value of the
materials produced in the
beneficiary developing country
or any two or more such
countries that are members of
the same association of
countries and are treated as
one country under section
507(2), plus
(II) \339\ the direct costs
of processing operations
performed in such beneficiary
developing country or such
member countries, is not less
than 35 percent of the
appraised value of such article
at the time it is entered.
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\339\ Sec. 1001(a)(7) of Public Law 106-36 (113 Stat. 130) struck
out subclause (II) and inserted in lieu thereof a new subclause (II).
The subclause formerly read as follows: ``(II) the direct costs of
processing operations performed in such beneficiary developing country
or such member countries, is not less than 35 percent of the appraised
value of such article at the time it is entered.''.
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(B) Exclusions.--An article shall not be
treated as the growth, product, or manufacture
of a beneficiary developing country by virtue
of having merely undergone--
(i) simple combining or packaging
operations, or
(ii) mere dilution with water or mere
dilution with another substance that
does not materially alter the
characteristics of the article.
(3) Regulations.--The Secretary of the Treasury,
after consulting with the United States Trade
Representative, shall prescribe such regulations as may
be necessary to carry out paragraph (2), including, but
not limited to, regulations providing that, in order to
be eligible for duty-free treatment under this title,
an article--
(A) must be wholly the growth, product, or
manufacture of a beneficiary developing
country, or
(B) must be a new or different article of
commerce which has been grown, produced, or
manufactured in the beneficiary developing
country.
(b) Articles That May Not Be Designated As Eligible
Articles.--
(1) Import sensitive articles.--The President may not
designate any article as an eligible article under
subsection (a) if such article is within one of the
following categories of import-sensitive articles:
(A) Except as provided in paragraph (4),\340\
textile and apparel articles which were not
eligible articles for purposes of this title on
January 1, 1994, as this title was in effect on
such date.
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\340\ Sec. 1555(a) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2578) inserted
``Except as provided in paragraph (4),'' and added a new para. (4).
Sec. 1555(c) of Public Law 108-429 further provided that these
amendments ``shall apply to any article entered, or withdrawn from
warehouse for consumption, on or after the date on which the President
makes a designation with respect to the article under section 503(b)(4)
of the Trade Act of 1974, as added by subsection (a).''.
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(B) Watches, except those watches entered
after June 30, 1989, that the President
specifically determines, after public notice
and comment, will not cause material injury to
watch or watch band, strap, or bracelet
manufacturing and assembly operations in the
United States or the United States insular
possessions.
(C) Import-sensitive electronic articles.
(D) Import-sensitive steel articles.
(E) Footwear, handbags, luggage, flat goods,
work gloves, and leather wearing apparel which
were not eligible articles for purposes of this
title on January 1, 1995, as this title was in
effect on such date.
(F) Import-sensitive semimanufactured and
manufactured glass products.
(G) Any other articles which the President
determines to be import-sensitive in the
context of the Generalized System of
Preferences.
(2) Articles against which other actions taken.--An
article shall not be an eligible article for purposes
of this title for any period during which such article
is the subject of any action proclaimed pursuant to
section 203 of this Act (19 U.S.C. 2253) or section 232
or 351 of the Trade Expansion Act of 1962 (19 U.S.C.
1862, 1981).
(3) Agricultural products.--No quantity of an
agricultural product subject to a tariff-rate quota
that exceeds the in-quota quantity shall be eligible
for duty-free treatment under this title.
(4) \340\ Certain hand-knotted or hand-woven
carpets.--Notwithstanding paragraph (1)(A), the
President may designateas an eligible article or
articles under subsection (a) carpets or rugs which are
hand-loomed, hand-woven, hand-hooked, hand-tufted, or
hand-knotted, and classifiable under subheading
5701.10.16, 5701.10.40, 5701.90.10, 5701.90.20,
5702.10.90, 5702.42.20, 02.49.10, 5702.51.20,
5702.91.30, 5702.92.00, 5702.99.10, 5703.10.00,
5703.20.10, or 5703.30.00 of the Harmonized Tariff
Schedule of the United States.
(c) Withdrawal, Suspension, or Limitation of Duty-Free
Treatment; Competitive Need Limitation.--
(1) In general.--The President may withdraw, suspend,
or limit the application of the duty-free treatment
accorded under this title with respect to any article,
except that no rate of duty may be established with
respect to any article pursuant to this subsection
other than the rate which would apply but for this
title. In taking any action under this subsection, the
President shall consider the factors set forth in
sections 501 and 502(c).
(2) Competitive need limitation.--
(A) Basis for withdrawal of duty-free
treatment.--
(i) In general.--Except as provided
in clause (ii) and subject to
subsection (d), whenever the President
determines that a beneficiary
developing country has exported
(directly or indirectly) to the United
States during any calendar year
beginning after December 31, 1995--
(I) a quantity of an eligible
article having an appraised
value in excess of the
applicable amount for the
calendar year, or
(II) a quantity of an
eligible article equal to or
exceeding 50 percent of the
appraised value of the total
imports of that article into
the United States during any
calendar year,
the President shall, not later than
July 1 of the next calendar year,
terminate the duty-free treatment for
that article from that beneficiary
developing country.
(ii) Annual adjustment of applicable
amount.--For purposes of applying
clause (i), the applicable amount is--
(I) for 1996, $75,000,000,
and
(II) for each calendar year
thereafter, an amount equal to
the applicable amount in effect
for the preceding calendar year
plus $5,000,000.
(B) Country defined.--For purposes of this
paragraph, the term ``country'' does not
include an association of countries which is
treated as one country under section 507(2),
but does include a country which is a member of
any such association.
(C) Redesignations.--A country which is no
longer treated as a beneficiary developing
country with respect to an eligible article by
reason of subparagraph (A) may, subject to the
considerations set forth in sections 501 and
502, be redesignated a beneficiary developing
country with respect to such article if imports
of such article from such country did not
exceed the limitations in subparagraph (A)
during the preceding calendar year.
(D) \341\ Least-developed beneficiary
developing countries and beneficiary sub-
saharan african countries.--Subparagraph (A)
shall not apply to any least-developed
beneficiary developing country or any
beneficiary sub-Saharan African country.
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\341\ Sec. 111(b) of Public Law 106-200 (114 Stat. 58) amended and
restated subpara. (D).
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(E) Articles not produced in the united
states excluded.--Subparagraph (A)(i)(II) shall
not apply with respect to any eligible article
if a like or directly competitive article was
not produced in the United States on January 1,
1995.
(F) De minimis waivers.--
(i) In general.--The President may
disregard subparagraph (A)(i)(II) with
respect to any eligible article from
any beneficiary developing country if
the aggregate appraised value of the
imports of such article into the United
States during the preceding calendar
year does not exceed the applicable
amount for such preceding calendar
year.
(ii) Applicable amount.--For purposes
of applying clause (i), the applicable
amount is--
(I) for calendar year 1996,
$13,000,000, and
(II) for each calendar year
thereafter, an amount equal to
the applicable amount in effect
for the preceding calendar year
plus $500,000.
(d) Waiver of Competitive Need Limitation.--
(1) In general.--The President may waive the
application of subsection (c)(2) with respect to any
eligible article of any beneficiary developing country
if, before July 1 of the calendar year beginning after
the calendar year for which a determination described
in subsection (c)(2)(A) was made with respect to such
eligible article, the President--
(A) receives the advice of the International
Trade Commission under section 332 of the
Tariff Act of 1930 on whether any industry in
the United States is likely to be adversely
affected by such waiver,
(B) determines, based on the considerations
described in sections 501 and 502(c) and the
advice described in subparagraph (A), that such
waiver is in the national economic interest of
the United States, and
(C) publishes the determination described in
subparagraph (B) in the Federal Register.
(2) Considerations by the president.--In making any
determination under paragraph (1), the President shall
give great weight to--
(A) the extent to which the beneficiary
developing country has assured the United
States that such country will provide equitable
and reasonable access to the markets and basic
commodity resources of such country, and
(B) the extent to which such country provides
adequate and effective protection of
intellectual property rights.
(3) Other bases for waiver.--The President may waive
the application of subsection (c)(2) if, before July 1
of the calendar year beginning after the calendar year
for which a determination described in subsection
(c)(2) was made with respect to a beneficiary
developing country, the President determines that--
(A) there has been a historical preferential
trade relationship between the United States
and such country,
(B) there is a treaty or trade agreement in
force covering economic relations between such
country and the United States, and
(C) such country does not discriminate
against, or impose unjustifiable or
unreasonable barriers to, United States
commerce,
and the President publishes that determination in the
Federal Register.
(4) Limitations on waivers.--
(A) In general.--The President may not
exercise the waiver authority under this
subsection with respect to a quantity of an
eligible article entered during any calendar
year beginning after 1995, the aggregate
appraised value of which equals or exceeds 30
percent of the aggregate appraised value of all
articles that entered duty-free under this
title during the preceding calendar year.
(B) Other waiver limits.--The President may
not exercise the waiver authority provided
under this subsection with respect to a
quantity of an eligible article entered during
any calendar year beginning after 1995, the
aggregate appraised value of which exceeds 15
percent of the aggregate appraised value of all
articles that have entered duty-free under this
title during the preceding calendar year from
those beneficiary developing countries which
for the preceding calendar year--
(i) had a per capita gross national
product (calculated on the basis of the
best available information, including
that of the International Bank for
Reconstruction and Development) of
$5,000 or more; or
(ii) had exported (either directly or
indirectly) to the United States a
quantity of articles that was duty-free
under this title that had an aggregate
appraised value of more than 10 percent
of the aggregate appraised value of all
articles that entered duty-free under
this title during that year.
(C) Calculation of limitations.--There shall
be counted against the limitations imposed
under subparagraphs (A) and (B) for any
calendar year only that value of any eligible
article of any country that--
(i) entered duty-free under this
title during such calendar year; and
(ii) is in excess of the value of
that article that would have been so
entered during such calendar year if
the limitations under subsection
(c)(2)(A) applied.
(5) Effective period of waiver.--Any waiver granted
under this subsection shall remain in effect until the
President determines that such waiver is no longer
warranted due to changed circumstances.
(e) International Trade Commission Advice.--Before
designating articles as eligible articles under subsection
(a)(1), the President shall publish and furnish the
International Trade Commission with lists of articles which may
be considered for designation as eligible articles for purposes
of this title. The provisions of sections 131, 132, 133, and
134 shall be complied with as though action under section 501
and this section were action under section 123 to carry out a
trade agreement entered into under section 123.
(f) Special Rule Concerning Puerto Rico.--No action under
this title may affect any tariff duty imposed by the
Legislature of Puerto Rico pursuant to section 319 of the
Tariff Act of 1930 on coffee imported into Puerto Rico.
SEC. 504.\342\ REVIEW AND REPORT TO CONGRESS.
The President shall submit an annual report to the Congress
on the status of internationally recognized worker rights
within each beneficiary developing country, including the
findings of the Secretary of Labor with respect to the
beneficiary country's implementation of its international
commitments to eliminate the worst forms of child labor.\343\
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\342\ 19 U.S.C. 2464.
\343\ Sec. 412(c) of Public Law 106-200 (114 Stat. 298) inserted
``, including the findings of the Secretary of Labor with respect to
the beneficiary country's implementation of its international
commitments to eliminate the worst forms of child labor''.
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SEC. 505.\344\ DATE OF TERMINATION.
No duty-free treatment provided under this title shall
remain in effect after December 31, 2006.
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\344\ 19 U.S.C. 2465. The May 31, 1997 termination date was
extended to June 30, 1998 by sec. 981(a) of Public Law 105-34 (111
Stat. 302), to June 30, 1999 by sec. 1101(a) of Public Law 105-277 (112
Stat. 2681-900), to September 30, 2001 by sec. 508(a) of Public Law
106-170 (113 Stat. 1922), and to December 31, 2006 by sec. 4101(a) of
Public Law 107-210 (116 Stat. 1040).
Sec. 4101(b) of Public Law 107-210, as amended by sec. 2004(a)(2)
of Public Law 108-429 (118 Stat. 2591), further provided:
``(b) Retroactive Application for Certain Liquidations and
Reliquidations.--
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``(1) In general.--Notwithstanding section 514 of the Tariff Act of 1930
or any other provision of law, and subject to paragraph (2), the entry of
any article--
``(A) to which duty-free treatment under title V of the Trade Act of 1974
would have applied if the entry had been made on September 30, 2001,
``(B) that was made after September 30, 2001, and before the date of the
enactment of this Act, and
``(C) to which duty-free treatment under title V of that Act did not
apply,
``shall be liquidated or reliquidated as free of duty, and the Secretary of
the Treasury shall refund any duty paid with respect to such entry.
``(2) Requests.--Liquidation or reliquidation may be made under paragraph
(1) with respect to an entry only if a request therefor is filed with the
Customs Service, within 180 days after the date of the enactment of this
Act, that contains sufficient information to enable the Customs Service--
``(A) to locate the entry; or
``(B) to reconstruct the entry if it cannot be located.
``(3) Definition.--As used in this subsection, the term `entry' includes
a withdrawal from warehouse for consumption.''.
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Similar language providing for retroactive application for duty-
free treatment accompanied each extension of the Act.
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SEC. 506.\345\ AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING
COUNTRIES.
The appropriate agencies of the United States shall assist
beneficiary developing countries to develop and implement
measures designed to assure that the agricultural sectors of
their economies are not directed to export markets to the
detriment of the production of foodstuffs for their citizenry.
---------------------------------------------------------------------------
\345\ 19 U.S.C. 2466.
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SEC. 506A.\346\ DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR
CERTAIN BENEFITS.
(a) Authority to Designate.--
---------------------------------------------------------------------------
\346\ 19 U.S.C. 2466a. Sec. 111(a) of Public Law 106-200 (114 Stat.
257) added this section.
---------------------------------------------------------------------------
(1) In general.--Notwithstanding any other provision
of law, the President is authorized to designate a
country listed in section 107 of the African Growth and
Opportunity Act as a beneficiary sub-Saharan African
country eligible for the benefits described in
subsection (b)--
(A) if the President determines that the
country meets the eligibility requirements set
forth in section 104 of that Act, as such
requirements are in effect on the date of the
enactment of that Act; and
(B) subject to the authority granted to the
President under subsections (a), (d), and (e)
of section 502, if the country otherwise meets
the eligibility criteria set forth in section
502.
(2) Monitoring and review of certain countries.--The
President shall monitor, review, and report to Congress
annually on the progress of each country listed in
section 107 of the African Growth and Opportunity Act
in meeting the requirements described in paragraph (1)
in order to determine the current or potential
eligibility of each country to be designated as a
beneficiary sub-Saharan African country for purposes of
this section. The President's determinations, and
explanations of such determinations, with specific
analysis of the eligibility requirements described in
paragraph (1)(A), shall be included in the annual
report required by section 106 of the African Growth
and Opportunity Act.
(3) Continuing compliance.--If the President
determines that a beneficiary sub-Saharan African
country is not making continual progress in meeting the
requirements described in paragraph (1), the President
shall terminate the designation of that country as a
beneficiary sub-Saharan African country for purposes of
this section, effective on January 1 of the year
following the year in which such determination is made.
(b) Preferential Tariff Treatment for Certain Articles.--
(1) In general.--The President may provide duty-free
treatment for any article described in section
503(b)(1)(B) through (G) that is the growth, product,
or manufacture of a beneficiary sub-Saharan African
country described in subsection (a), if, after
receiving the advice of the International Trade
Commission in accordance with section 503(e), the
President determines that such article is not import-
sensitive in the context of imports from beneficiary
sub-Saharan African countries.
(2) Rules of origin.--The duty-free treatment
provided under paragraph (1) shall apply to any article
described in that paragraph that meets the requirements
of section 503(a)(2), except that--
(A) if the cost or value of materials
produced in the customs territory of the United
States is included with respect to that
article, an amount not to exceed 15 percent of
the appraised value of the article at the time
it is entered that is attributed to such United
States cost or value may be applied toward
determining the percentage referred to in
subparagraph (A) of section 503(a)(2); and
(B) the cost or value of the materials
included with respect to that article that are
produced in one or more beneficiary sub-Saharan
African countries or former beneficiary sub-
Saharan African countries \347\ shall be
applied in determining such percentage.
---------------------------------------------------------------------------
\347\ Sec. 7(a)(2)(A) of the AGOA Acceleration Act of 2004 (Public
Law 108-274; 118 Stat. 823) inserted ``or former beneficiary sub-
Saharan African countries''.
---------------------------------------------------------------------------
(c) Beneficiary Sub-Saharan African Countries, Etc.--For
purposes of this title-- \348\
---------------------------------------------------------------------------
\348\ Sec. 7(a)(2)(B) of the AGOA Acceleration Act of 2004 (Public
Law 108-274; 118 Stat. 823) struck out ``title, the terms'', inserted
in lieu thereof ``title--(1) the terms'', and added para. (2).
---------------------------------------------------------------------------
(1) the terms ``beneficiary sub-Saharan African
country'' and ``beneficiary sub-Saharan African
countries'' mean a country or countries listed in
section 107 of the African Growth and Opportunity Act
that the President has determined is eligible under
subsection (a) of this section.
(2) \348\ the term ``former beneficiary sub-Saharan
African country'' means a country that, after being
designated as a beneficiary sub-Saharan African country
under the African Growth and Opportunity Act, ceased to
be designated as such a country by reason of its
entering into a free trade agreement with the United
States.
SEC. 506B.\349\ TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN
COUNTRIES.
In the case of a beneficiary sub-Saharan African country,
as defined in section 506A(c), duty-free treatment provided
under this title shall remain in effect through September 30,
2015.
---------------------------------------------------------------------------
\349\ 19 U.S.C. 2466b. Sec. 114 of Public Law 106-200 (114 Stat.
266) added sec. 506B. Sec. 7(a)(1) of the AGOA Acceleration Act of 2004
(Public Law 108-274; 118 Stat. 823) extended the termination date from
September 30, 2008 to September 30, 2015.
---------------------------------------------------------------------------
SEC. 507.\350\ DEFINITIONS.
For purposes of this title:
---------------------------------------------------------------------------
\350\ 19 U.S.C. 2467.
---------------------------------------------------------------------------
(1) Beneficiary developing country.--The term
``beneficiary developing country'' means any country
with respect to which there is in effect an Executive
order or Presidential proclamation by the President
designating such country as a beneficiary developing
country for purposes of this subchapter.
(2) Country.--The term ``country'' means any foreign
country or territory, including any overseas dependent
territory or possession of a foreign country, or the
Trust Territory of the Pacific Islands. In the case of
an association of countries which is a free trade area
or customs union, or which is contributing to
comprehensive regional economic integration among its
members through appropriate means, including, but not
limited to, the reduction of duties, the President may
by Executive order or Presidential proclamation provide
that all members of such association other than members
which are barred from designation under section 502(b)
shall be treated as one country for purposes of this
title.
(3) Entered.--The term ``entered'' means entered, or
withdrawn from warehouse for consumption, in the
customs territory of the United States.
(4) Internationally Recognized Worker Rights.--The
term ``internationally recognized worker rights''
includes--
(A) the right of association;
(B) the right to organize and bargain
collectively;
(C) a prohibition on the use of any form of
forced or compulsory labor;
(D) \351\ a minimum age for the employment of
children, and a prohibition on the worst forms
of child labor, as defined in paragraph (6);
and
---------------------------------------------------------------------------
\351\ Sec. 4102(b) of the Trade Act of 2002 (Public Law 107-210;
116 Stat. 1041) amended and restated subpara. (D). It previously read
as follows:
``(D) a minimum age for the employment of children;''.
---------------------------------------------------------------------------
(E) acceptable conditions of work with
respect to minimum wages, hours of work, and
occupational safety and health.
(5) Least-developed beneficiary developing country.--
The term ``least-developed beneficiary developing
country'' means a beneficiary developing country that
is designated as a least-developed beneficiary
developing country under section 502(a)(2).
(6) \352\ Worst forms of child labor.--The term
``worst forms of child labor'' means--
---------------------------------------------------------------------------
\352\ Sec. 412(b) of Public Law 106-200 (114 Stat. 298) inserted
para. (6).
---------------------------------------------------------------------------
(A) all forms of slavery or practices similar
to slavery such as the sale or trafficking of
children, debt bondage and serfdom, or forced
or compulsory labor, including forced or
compulsory recruitment of children for use in
armed conflict;
(B) the use, procuring, or offering of a
child for prostitution, for the production of
pornography or for pornographic purposes;
(C) the use, procuring, or offering of a
child for illicit activities in particular for
the production and trafficking of drugs; and
(D) work by which, by its nature or the
circumstances in which it is carried out, is
likely to harm the health, safety, or morals of
children.
The work referred to in subparagraph (D) shall be
determined by the laws, regulations, or competent
authority of the beneficiary developing country
involved.
TITLE VI--GENERAL PROVISIONS
SEC. 601.\353\ DEFINITIONS.
For purposes of this Act--
---------------------------------------------------------------------------
\353\ 19 U.S.C. 2481.
---------------------------------------------------------------------------
(1) The term ``duty'' includes the rate and form of
any import duty, including but not limited to tariff-
rate quotas.
(2) The term ``other import restriction'' includes a
limitation, prohibition, charge, or \354\ exaction
other than duty, imposed on importation, or imposed for
the regulation of importation. The term does not
include any orderly marketing agreement.
---------------------------------------------------------------------------
\354\ Sec. 1106(h)(1) of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 313) struck out ``and'' and inserted in lieu
thereof ``or''.
---------------------------------------------------------------------------
(3) The term ``ad valorem'' includes ad valorem
equivalent. Whenever any limitation on the amount by
which or to which any rate of duty may be decreased or
increased pursuant to a trade agreement is expressed in
terms of an ad valorem percentage, the ad valorem
amount taken into account for purposes of such
limitation shall be determined by the President on the
basis of the value of imports of the articles concerned
during the most recent representative period.
(4) The term ``ad valorem equivalent'' means the ad
valorem equivalent of a specific rate or, in the case
of a combination of rates including a specific rate,
the sum of the ad valorem equivalent of the specific
rate and of the ad valorem rate. The ad valorem
equivalent shall be determined by the President on the
basis of the value of imports of the article concerned
during the most recent representative period. In
determining the value of imports, the President shall
utilize, to the maximum extent practicable, the
standards of valuation contained in section 402 or 402a
of the Tariff Act of 1930 (as in effect before the
effective date of the amendments made by title II of
the Trade Agreements Act of 1979) or in section 402 of
such Act of 1930 (as in effect on the effective date of
such title II amendments) whichever is \355\ applicable
to the article concerned during such representative
period.
---------------------------------------------------------------------------
\355\ Sec. 202(c)(1) of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 202) added the language following ``as in effect
before the effective date''. A reference to 19 U.S.C. 1401a or 1402,
which had appeared at this point, was also struck out by sec.
202(c)(1).
---------------------------------------------------------------------------
(5) An imported article is ``directly competitive
with'' a domestic article at an earlier or later stage
of processing, and a domestic article is ``directly
competitive with'' an imported article at an earlier or
later stage of processing, if the importation of the
article has an economic effect on producers of the
domestic article comparable to the effect of
importation of articles in the same stage of processing
as the domestic article. For purposes of this
paragraph, the unprocessed article is at an earlier
stage of processing.
(6) The term ``modification'', as applied to any duty
or other import restriction, includes the elimination
of any duty or other import restriction.
(7) The term ``existing'' means (A) when used,
without the specification of any date, with respect to
any matter relating to entering into or carrying out a
trade agreement or other action authorized by this Act,
existing on the day on which such trade agreement is
entered into or such other action is taken; and (B)
when used with respect to a rate of duty, the
nonpreferential rate of duty (however established, and
even though temporarily suspended by Act of Congress or
otherwise) set forth in rate column numbered 1 of
chapters 1 through 97 of the Harmonized Tariff Schedule
of the United States \356\ on the date specified or (if
no date is specified) on the day referred to in clause
(A).
---------------------------------------------------------------------------
\356\ Sec. 1214(j)(5) of Public Law 100-418 (102 Stat. 1158) struck
out ``schedules 1 through 7 of the Tariff Schedules . . .'' and
inserted in lieu thereof ``chapters 1 through 97 of the Harmonized
Tariff Schedule . . .''.
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(8) A product of a country or area is an article
which is the growth, produce, or manufacture of such
country or area.
(9) \357\ The term ``nondiscriminatory treatment''
means trade treatment based on normal trade relations
(known under international law as most-favored-nation
treatment).
---------------------------------------------------------------------------
\357\ Sec. 5003(b)(2)(B) of Public Law 105-206 (112 Stat. 789)
struck out ``most-favored-nation treatment'' and inserted in lieu
thereof ``trade treatment based on normal trade relations (known under
international law as most-favored-nation treatment).''.
Sec. 5003(a) of the Act further provided:
``(a) Findings and Policy.--
---------------------------------------------------------------------------
``(1) Findings.--The Congress makes the following findings:
``(A) Since the 18th century, the principle of nondiscrimination among
countries with which the United States has trade relations, commonly
referred to as `most-favored-nation' treatment, has been a cornerstone of
United States trade policy.
``(B) Although the principle remains firmly in place as a fundamental
concept in United States trade relations, the term `most-favored-nation' is
a misnomer which has led to public misunderstanding.
``(C) It is neither the purpose nor the effect of the most-favored-nation
principle to treat any country as ``most-favored''. To the contrary, the
principle reflects the intention to confer on a country the same trade
benefits that are conferred on any other country, that is, the intention
not to discriminate among trading partners.
``(D) The term `normal trade relations' is a more accurate description of
the principle of nondiscrimination as it applies to the tariffs applicable
generally to imports from United States trading partners, that is, the
general rates of duty set forth in column 1 of the Harmonized Tariff
Schedule in the United States.
``(2) Policy.--It is the sense of the Congress that--
``(A) the language used in United States laws, treaties, agreements,
executive orders, directives, and regulations should more clearly and
accurately reflect the underlying principles of United States trade policy;
and
``(B) accordingly, the term `normal trade relations' should, where
appropriate, be substituted for the term `most-favored-nation'.''.
---------------------------------------------------------------------------
Sec. 5003(c) of Public Law 105-206 further provided the following:
``(c) Savings Provisions.--Nothing in this section shall affect the
meaning of any provision of law, Executive order, Presidential
proclamation, rule, regulation, delegation of authority, other
document, or treaty or other international agreement of the United
States relating to the principle of `most-favored-nation' (or `most
favored nation') treatment. Any Executive order, Presidential
proclamation, rule, regulation, delegation of authority, other
document, or treaty or other international agreement of the United
States that has been issued, made, granted, or allowed to become
effective and that is in effect on the effective date of this Act, or
was to become effective on or after the effective date of this Act,
shall continue in effect according to its terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law.''.
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(10) The term ``commerce'' includes services
associated with international trade.
SEC. 602. RELATION TO OTHER LAWS.
[Subsections (a) through (e) amend the Tariff Act of 1930
and the Trade Expansion Act of 1962.]
* * * * * * *
(f) \358\ All provisions of law (other than this Act, the
Trade Expansion Act of 1962, and the Trade Agreements Extension
Act of 1951) in effect after the date of enactment of this Act,
referring to section 350 of the Tariff Act of 1930, to that
section as amended, to the Act entitled ``An Act to amend the
Tariff Act of 1930,'' approved June 12, 1934, to that Act as
amended or to the Trade Expansion Act of 1962, or to agreements
entered into, or proclamations issued, or actions taken under
any of such provisions, shall be construed, unless clearly
precluded by the context, to refer also to this Act, or to
agreements entered into or proclamations or orders issued
pursuant to this Act.
---------------------------------------------------------------------------
\358\ 19 U.S.C. 2101 note.
---------------------------------------------------------------------------
SEC. 603.\359\ INTERNATIONAL TRADE COMMISSION.
* * * * * * *
(a) In order to expedite the performance of its functions
under this Act, the International Trade Commission may conduct
preliminary investigations, determine the scope and manner of
its proceedings, and consolidate proceedings before it.
---------------------------------------------------------------------------
\359\ 19 U.S.C. 2482.
---------------------------------------------------------------------------
(b) In performing its functions under this Act, the
Commission may exercise any authority granted to it under any
other Act.
(c) The Commission shall at all times keep informed
concerning the operation and effect of provisions relating to
duties or other import restrictions of the United States
contained in trade agreements entered into under the trade
agreements program.
SEC. 604.\360\ CONSEQUENTIAL CHANGES IN THE TARIFF SCHEDULES.
The President shall from time to time, as appropriate,
embody in the Harmonized Tariff Schedule of \361\ the United
States the substance of the relevant provisions of this Act,
and of other Acts affecting import treatment, and actions
thereunder, including removal,\362\ modification, continuance,
or imposition of any rate of duty or other import restriction.
---------------------------------------------------------------------------
\360\ 19 U.S.C. 2483.
\361\ Sec. 1214(j)(4) of Public Law 100-418 (102 Stat. 1158) struck
out ``Tariff Schedules of'' and inserted in lieu thereof ``Harmonized
Tariff Schedule of''.
\362\ Sec. 1213(a) of Public Law 100-418 (102 Stat. 1155) inserted
``removal.''.
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SEC. 605. SEPARABILITY.
If any provision of this Act or the application of any
provision to any circumstances or persons shall be held
invalid, the validity of the remainder of this Act, and of the
application of such provision to other circumstances or
persons, shall not be affected thereby.
SEC. 606.\363\ INTERNATIONAL DRUG CONTROL.
The President shall submit a report to Congress at least
once each calendar year listing those foreign countries in
which narcotic drugs and other controlled substances (as listed
under section 202 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 812) are produced,
processed, or transported for unlawful entry into the United
States. Such report shall include a description of the measures
such countries are taking to prevent such production,
processing, or transport.
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\363\ 19 U.S.C. 2484.
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SEC. 607.\364\ VOLUNTARY LIMITATIONS ON EXPORTS OF STEEL TO THE UNITED
STATES.
No person shall be liable for damages, penalties, or other
sanctions under the Federal Trade Commission Act (15 U.S.C. 41-
77) or the Antitrust Acts (as defined in section 4 of the
Federal Trade Commission Act (15 U.S.C. 44)), or under any
similar State law, on account of his negotiating, entering
into, participating in, or implementing an arrangement
providing for the voluntary limitation on exports of steel and
steel products to the United States, or any modification or
renewal of such an arrangement, if such arrangement or such
modification or renewal--
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\364\ 19 U.S.C. 2485.
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(1) was undertaken prior to the date of the enactment
of this Act at the request of the Secretary of State or
his delegate, and
(2) ceases to be effective not later than January 1,
1975.
SEC. 608. UNIFORM STATISTICAL DATA ON IMPORTS, EXPORTS, AND PRODUCTION.
(a) \365\ * * *
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\365\ Subsec. (a) amended sec. 484(e) of the Tariff Act of 1930 (19
U.S.C. 1484(e)).
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(b) \366\ In carrying out the responsibilities under
section 484(e), Tariff Act of 1930 and other pertinent
statutes, the Secretary of Commerce and the United States
International Trade Commission shall conduct jointly a study of
existing commodity classification systems with a view to
identifying the appropriate principles and concepts which
should guide the organization and development of an enumeration
of articles which would result in comparability of United
States import, production, and export data. The Secretary and
the United States International Trade Commission shall submit a
report to both Houses of Congress and to the President with
respect to such study no later than August 1, 1975.
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\366\ 19 U.S.C. 2484 note.
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(c) \366\ In further connection with its responsibilities
pursuant to subsections (a) and (b), the United States
International Trade Commission shall undertake an investigation
under section 332(g) of the Tariff Act of 1930 which would
provide the basis for--
(1) a report on the appropriate concepts and
principles which should underlie the formulation of an
international commodity code adaptable for modernized
tariff nomenclature purposes and for recording,
handling, and reporting of transactions in national and
international trade, taking into account how such a
code could meet the needs of sound customs and trade
reporting practices reflecting the interests of United
States and other countries, such report to be submitted
to both Houses of Congress and to the President as soon
as feasible, but in any event, no later than June 1,
1975; and
(2) full and immediate participation by the United
States International Trade Commission in the United
States contribution to technical work of the Harmonized
Systems Committee under the Customs Cooperation Council
to assure the recognition of the needs of the United
States business community in the development of a
Harmonized Code reflecting sound principles of
commodity identification and specification and modern
producing methods and trading practices,
and, in carrying out such responsibilities, the Commission
shall report to both Houses of Congress and to the President,
as it deems appropriate.
(d) The President is requested to direct the appropriate
agencies to cooperate fully with the Secretary of Commerce and
the United States International Trade Commission in carrying
out their responsibilities under subsections (a), (b), and (c).
(e) The amendment made by subsection (a) insofar as it
relates to export declarations shall take effect on January 1,
1976.
* * * * * * *
SEC. 612.\367\ TRADE RELATIONS WITH NORTH AMERICAN COUNTRIES.
(a) \368\ It is the sense of the Congress that the United
States should enter into a trade agreement with Canada which
will guarantee continued stability to the economies of the
United States and Canada. In order to promote such economic
stability, the President may initiate negotiations for a trade
agreement with Canada to establish a free trade area covering
the United States and Canada. Nothing in this section shall be
construed as prior approval of any legislation which may be
necessary to implement such a trade agreement.
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\367\ 19 U.S.C. 2486. The reference to North American Countries in
the section heading replaced a reference to Canada, pursuant to sec.
1104(b) of Public Law 96-39 (Trade Agreements Act of 1979; 93 Stat.
310).
\368\ Sec. 1104(a) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 310) added the subsec. designation ``(a)'' and added a
new subsec. (b).
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(b) \367\ The President shall study the desirability of
entering into trade agreements with countries in the northern
portion of the western hemisphere to promote the economic
growth of the United States and such countries and the mutual
expansion of market opportunities and report to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate his findings and conclusions
within 2 years after the date of enactment of this Act. The
study shall include an examination of competitive opportunities
and conditions of competition between such countries and the
United States in the agricultural, energy, and other
appropriate sectors.
SEC. 613.\369\ LIMITATION ON CREDIT TO RUSSIA.--* * * [REPEALED--1992]
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\369\ Formerly 19 U.S.C. 2487. Sec. 121 of the Further Continuing
Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended by
Public Law 102-266; 106 Stat. 95) repealed sec. 613. The section
previously read as follows:
``After the date of enactment of the Trade Act of 1974, no agency
of the Government of the United States, other than the Commodity Credit
Corporation, shall approve any loans, guarantees, insurance, or any
combination thereof, in connection with exports to the Union of Soviet
Socialist Republics in an aggregate amount in excess of $300,000,000
without prior congressional approval as provided by law.''.
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* * * * * * *
TITLE VIII--TARIFF TREATMENT OF PRODUCTS OF, AND OTHER SANCTIONS
AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES
\370\
SEC. 801.\371\ SHORT TITLE.
This title may be cited as the ``Narcotics Control Trade
Act''.
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\370\ Sec. 9001 of the Anti-Drug Abuse Act of 1986 (Public Law 99-
570; 100 Stat. 3207-164) inserted Title VIII. Public Law 100-204 (101
Stat. 1399) amended the Title VIII heading by adding the words ``AND
OTHER SANCTIONS AGAINST''.
\371\ 19 U.S.C. 2491.
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SEC. 802.\372\ TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE MAJOR DRUG
PRODUCING OR DRUG-TRANSIT COUNTRIES.
(a) \373\ Required Action by President.--Subject to
subsection (b), for every major drug producing country and
every major drug-transit country, the President shall, on or
after March 1, 1987, and March 1 of each succeeding year, to
the extent considered necessary by the President to achieve the
purpose of this title--
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\372\ 19 U.S.C. 2492. In Proclamation 6103 of February 28, 1990 (55
F.R. 7685), the President determined, in part, that:
``2. * * * pursuant to section 802(b)(1) of the Act, that the
Government of Panama is taking adequate steps to prevent such drugs and
other controlled substances from being sold illegally within its own
jurisdiction * * * or from being transported, directly or indirectly,
into the United States, and to prevent and punish the laundering in
that country of drug-related profits or drug-related monies. * * *
``4. Accordingly, under the terms of sections 802(b)(1)(A) and
802(b)(4)(B) of the Act, I have decided to restore the preferential
tariff treatment under the GSP and the CBERA to articles that are
currently eligible for such treatment and that are imported from
Panama. * * *''.
That Proclamation amended the HTS to make Panama eligible for
benefits under the GSP and the CBERA.
\373\ Sec. 806 of Public Law 100-204 (101 Stat. 1398) struck out
``or'' at the end of para. (3), redesignated para. (4) as para. (6),
inserted new paras. (4) and (5), and amended para. (6) by striking out
``in paragraphs (1), (2), and (3).'', and inserting in lieu thereof
``in paragraphs (1) through (5).''.
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(1) deny to any or all of the products of that
country tariff treatment under the Generalized System
of Preferences, the Caribbean Basin Economic Recovery
Act, or any other law providing preferential tariff
treatment;
(2) apply to any or all of the dutiable products of
that country an additional duty at a rate not to exceed
50 percent ad valorem or the specific rate equivalent;
(3) apply to one or more duty-free products of that
country a duty at a rate not to exceed 50 percent ad
valorem;
(4) \373\ take the steps described in subsection
(d)(1) or (d)(2), or both, to curtail air
transportation between the United States and that
country;
(5) \373\ withdraw the personnel and resources of the
United States from participation in any arrangement
with that country for the pre-clearance of customs by
visitors between the United States and that country;
or'';
(6) take any combination of the actions described in
paragraphs (1) through (5).
(b)(1) \374\ (A) Subject to paragraph (3), subsection (a)
shall not apply with respect to a country if the President
determines and certifies to the Congress, at the time of the
submission of the report required by section 489 \375\ of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h),\376\ that--
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\374\ Sec. 4408 of the Anti-Drug Abuse Act of 1988 (Public Law 100-
690; 102 Stat. 4181) comprehensive amended and restated paras. (1) and
(2). As previously amended by sec. 806 of Public Law 100-204 (101 Stat.
1398), the paragraphs read as follows:
``(b) Certifications; Congressional Action.--(1) Subsection (a)
shall not apply with respect to a country if the President determines
and so certifies to the Congress, at the time of the submission of the
report required by section 481(e) of the Foreign Assistance Act of
1961, that during the previous year that country has cooperated fully
with the United States, or has taken adequate steps on its own, in
preventing narcotic and psychotropic drugs and other controlled
substances produced or processed, in whole or in part, in such country
or transported through such country, from being sold illegally within
the jurisdiction of such country to United States Government personnel
or their dependents or from being transported, directly or indirectly,
into the United States and in preventing and punishing corruption by
government officials and the laundering in that country of drug-related
profits or drug-related monies.
``(2) In making the certification required by paragraph (1), the
President shall give foremost consideration to whether the actions of
the government of the country have resulted in the maximum reductions
in illicit drug production which were determined to be achievable
pursuant to section 481(e)(4) of the Foreign Assistance Act of 1961.
The President shall also consider whether such government--
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``(A) has taken the legal and law enforcement measures to enforce in its
territory, to the maximum extent possible, the elimination of illicit
cultivation and the suppression of illicit manufacture of and traffic in
narcotic and psychotropic drugs and other controlled substances, as
evidenced by seizures of such drugs and substances and of illicit
laboratories and the arrest and prosecution of violators involved in the
traffic in such drugs and substances significantly affecting the United
States;
``(B) has taken the legal and law enforcement steps necessary to
eliminate, to the maximum extent possible, the laundering in that country
of drug-related profits or drug-related monies, as evidence by--
``(i) the enactment and enforcement of laws prohibiting such conduct,
``(ii) the willingness of such government to enter into mutual legal
assistance agreements with the United States governing (but not limited to)
money laundering, and
``(iii) the degree to which such government otherwise cooperates with
United States law enforcement authorities on anti-money laundering efforts;
and
``(C) has taken the legal and law enforcement steps necessary to
eliminate, to the maximum extent possible, corruption by government
officials, with particular emphasis on the elimination of bribery;''.
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\375\ Formerly read ``section 481(e)''. Sec. 6(a) of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4932) provided that ``Any reference in any provision of law
enacted before the date of enactment of this Act to section 481(e) of
that Act shall be deemed to be a reference to section 489.''. Sec.
1001(a)(8)(A) of Public Law 106-36 (113 Stat. 131) subsequently struck
out ``481(e)'' and inserted in lieu thereof ``489''.
\376\ Sec. 1001(a)(8)(B) of Public Law 106-36 (113 Stat. 131) added
``(22 U.S.C. 2291h)''.
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(i) during the previous year the country has
cooperated fully with the United States, or has taken
adequate steps on its own--
(I) in satisfying the goals agreed to in an
applicable bilateral narcotics agreement with
the United States (as described in paragraph
(B)) or a multilateral agreement which achieves
the objectives of paragraph (B),
(II) in preventing narcotic and psychotropic
drugs and other controlled substances produced
or processed, in whole or in part, in such
country or transported through such country,
from being sold illegally within the
jurisdiction of such country to United States
Government personnel or their dependents or
from being transported, directly or indirectly,
into the United States,
(III) in preventing and punishing the
laundering in that country of drug-related
profits or drug-related moneys, and
(IV) in preventing and punishing bribery and
other forms of public corruption which
facilitate the illicit \377\ production,
processing, or shipment of narcotic and
psychotropic drugs and other controlled
substances, or which discourage the
investigation and prosecution of such acts; or
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\377\ Sec. 17(h)(1) of the International Narcotics Control Act of
1989 (Public Law 101-231; 103 Stat. 1965) inserted ``illicit''.
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(ii) for a country that would not otherwise qualify
for certification under clause (i), the vital national
interests of the United States require that subsection
(a) not be applied with respect to that country.
(B) A bilateral narcotics agreement referred to in
subparagraph (A)(i)(I) is an agreement between the United
States and a foreign country in which the foreign country
agrees to take specific activities, including, where
applicable, efforts to--
(i) reduce drug production, drug consumption, and
drug trafficking within its territory, including
activities to address illicit crop eradication and crop
substitution;
(ii) increase drug interdiction and enforcement;
(iii) increase drug education and treatment programs;
\378\
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\378\ Sec. 17(h)(2) of the International Narcotics Control Act of
1989 (Public Law 101-231; 103 Stat. 1965) struck out ``treatment'' and
inserted in lieu thereof ``education and treatment programs''.
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(iv) increase the identification of and elimination
of illicit drug laboratories;
(v) increase the identification and elimination of
the trafficking of essential \379\ precursor chemicals
for the use in production of illegal drugs;
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\379\ Sec. 17(h)(3) of the International Narcotics Control Act of
1989 (Public Law 101-231; 103 Stat. 1965) inserted ``essential''.
---------------------------------------------------------------------------
(vi) increase cooperation with United States drug
enforcement officials; and
(vii) where applicable, increase participation in
extradition treaties, mutual legal assistance
provisions directed at money laundering, sharing of
evidence, and other initiatives for cooperative drug
enforcement.
(C) A country which in the previous year was designated as a
major drug producing country or a major drug-transit country
may not be determined to be cooperating fully under
subparagraph (A)(i) unless it has in place a bilateral
narcotics agreement with the United States or a multilateral
agreement which achieves the objectives of subparagraph (B).
(D) If the President makes a certification with respect to a
country pursuant to subparagraph (A)(ii), he shall include in
such certification--
(i) a full and complete description of the vital
national interests placed at risk if action is taken
pursuant to subsection (a) with respect to that
country; and
(ii) a statement weighing the risk described in
clause (i) against the risks posed to the vital
national interests of the United States by the failure
of such country to cooperate fully with the United
States in combating narcotics or to take adequate steps
to combat narcotics on its own.
(E) The President may make a certification under subparagraph
(A)(i) with respect to a major drug producing country or drug-
transit country which is also a producer of licit opium only if
the President determines that such country has taken steps to
prevent significant diversion of its licit cultivation and
production into the illicit market, maintains production and
stockpiles at levels no higher than those consistent with licit
market demand, and prevents illicit cultivation and production.
(2) \380\ In determining whether to make the certification
required by paragraph (1) with respect to a country, the
President shall consider the following:
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\380\ On January 26, 1990, the President determined that ``Panama
has fully cooperated with the United States, or taken adequate steps on
its own, to control narcotics production, trafficking, and money
laundering, as defined in Section 481(h)(2) of the FAA and Section
802(b) of the Trade Act, and that Panama does not have a government
involved in the trade of illicit narcotics. In making this
determination, I have considered the factors set forth in Section
481(h)(3) of the FAA and Section 802(b)(2) of the Trade Act.''
(Presidential Determination No. 90-9 of January 26, 1990; 55 F.R.
4827).
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(A) Have the actions of the government of that
country resulted in the maximum reductions in illicit
drug production which were determined to be achievable
pursuant to section 481(e)(4) of the Foreign Assistance
Act of 1961? In the case of a major drug producing
country, the President shall give foremost
consideration, in determining whether to make the
certification required by paragraph (1), to whether the
government of that country has taken actions which have
resulted in such reductions.
(B) Has that government taken the legal and law
enforcement measures to enforce in its territory, to
the maximum extent possible, the elimination of illicit
cultivation and the suppression of illicit
manufacturing of and trafficking in narcotic and
psychotropic drugs and other controlled substances, as
evidenced by seizures of such drugs and substances and
of illicit laboratories and the arrest and prosecution
of violators involved in the traffic in such drugs and
substances significantly affecting the United States?
(C) Has that government taken the legal and law
enforcement steps necessary to eliminate, to the
maximum extent possible, the laundering in that country
of drug-related profits or drug-related moneys, as
evidenced by--
(i) the enactment and enforcement by that
government of laws prohibiting such conduct,
(ii) that government entering into, and
cooperating under the terms of, mutual legal
assistance agreements with the United States
governing (but not limited to) money
laundering, and
(iii) the degree to which that government
otherwise cooperates with United States law
enforcement authorities on anti-money
laundering efforts?
(D) Has that government taken the legal and law
enforcement steps necessary to eliminate, to the
maximum extent possible, bribery and other forms of
public corruption which facilitate the illicit \381\
production, processing, or shipment of narcotic and
psychotropic drugs and other controlled substances, or
which discourage the investigation and prosecution of
such acts, as evidenced by the enactment and
enforcement of laws prohibiting such conduct?
---------------------------------------------------------------------------
\381\ Sec. 17(h)(4) of the International Narcotics Control Act of
1989 (Public Law 101-231; 103 Stat. 1965) inserted ``illicit''.
---------------------------------------------------------------------------
(E) Has that government, as a matter of government
policy, encouraged or facilitated the production or
distribution of illicit narcotic and psychotropic drugs
and other controlled substances?
(F) Does any senior official of that government
engage in, encourage, or facilitate the production or
distribution of illicit narcotic and psychotropic drugs
and other controlled substances?
(G) Has that government investigated aggressively all
cases in which any member of an agency of the United
States Government engaged in drug enforcement
activities since January 1, 1985, has been the victim
of acts or threats of violence, inflicted by or with
the complicity of any law enforcement or other officer
of such country or any political subdivision thereof,
and has energetically sought to bring the perpetrators
of such offense or offenses to justice?
(H) Having been requested to do so by the United
States Government, does that government fail to provide
reasonable cooperation to lawful activities of United
States drug enforcement agents, including the refusal
of permission to such agents engaged in interdiction of
aerial smuggling into the United States to pursue
suspected aerial smugglers a reasonable distance into
the airspace of the requested country?
(I) Has that government made necessary changes in
legal codes in order to enable law enforcement
officials to move more effectively against narcotics
traffickers, such as new conspiracy laws and new asset
seizure laws?
(J) Has that government expeditiously processed
United States extradition requests relating to
narcotics trafficking?
(K) Has that government refused to protect or give
haven to any known drug traffickers, and has it
expeditiously processed extradition requests relating
to narcotics trafficking made by other countries?
(3) Subsection (a) shall apply to a country without regard
to paragraph (1) of this subsection if the Congress enacts,
within 45 \382\ days of continuous session after receipt of a
certification under paragraph (1), a joint resolution
disapproving the determination of the President contained in
that certification.
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\382\ Sec. 4408(b) of Public Law 100-690 (102 Stat. 4181) struck
out ``30'' and inserted in lieu thereof ``45''.
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(4) If the President takes action under subsection (a),
that action shall remain in effect until--
(A) the President makes the certification under
paragraph (1), a period of 45 \382\ days of continuous
session of Congress elapses, and during that period the
Congress does not enact a joint resolution of
disapproval; or
(B) the President submits at any other time a
certification of the matters described in paragraph (1)
with respect to that country, a period of 45 \382\ days
of continuous session of Congress elapses, and during
that period the Congress does not enact a joint
resolution of disapproving the determination contained
in that certification.
(5) For the purpose of expediting the consideration and
enactment of joint resolutions under paragraphs (3) and (4)--
(A) a motion to proceed to the consideration of any
such joint resolution after it has been reported by the
Committee on Ways and Means shall be treated as highly
privileged in the House of Representatives; and
(B) a motion to proceed to the consideration of any
such joint resolution after it has been reported by the
Committee on Finance shall be treated as privileged in
the Senate.
(c) Duration of Action.--The action taken by the President
under paragraph (1), (2), or (3) of \383\ subsection (a) shall
apply to the products of a foreign country that are entered, or
withdrawn from warehouse for consumption, during the period
that such action is in effect.
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\383\ Sec. 806 of Public Law 100-204 (101 Stat. 1398) inserted
``paragraph (1), (2), or (3) of''.
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(d) \384\ Presidential Action Regarding Aviation.--
---------------------------------------------------------------------------
\384\ Sec. 806 of Public Law 100-204 (101 Stat. 1398) added subsec.
(d).
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(1)(A) The President is authorized to notify the
government of a country against which is imposed the
sanction described in subsection (a)(4) of his
intention to suspend the authority of foreign air
carriers owned or controlled by the government or
nationals of that country to engage in foreign air
transportation to or from the United States.
(B) Within 10 days after the date of notification of
a government under subparagraph (A), the Secretary of
Transportation shall take all steps necessary to
suspend at the earliest possible date the authority of
any foreign air carrier owned or controlled, directly
or indirectly, by the government or nationals of that
country to engage in foreign air transportation to or
from the United States, notwithstanding any agreement
relating to air services.
(C) The President may also direct the Secretary of
Transportation to take such steps as may be necessary
to suspend the authority of any air carrier to engage
in foreign air transportation between the United States
and that country.
(2)(A) The President may direct the Secretary of
State to terminate any air service agreement between
the United States and a country against which the
sanction described in subsection (a)(4) is imposed in
accordance with the provisions of that agreement.
(B) Upon termination of an agreement under this
paragraph, the Secretary of Transportation shall take
such steps as may be necessary to revoke at the
earliest possible date the right of any foreign air
carrier owned, or controlled, directly or indirectly,
by the government or nationals of that country to
engage in foreign air transportation to or from the
United States.
(C) Upon termination of an agreement under this
paragraph, the Secretary of Transportation may also
revoke the authority of any air carrier to engage in
foreign air transportation between the United States
and that country.
(3) The Secretary of Transportation may provide for
such exceptions from paragraphs (1) and (2) as the
Secretary considers necessary to provide for
emergencies in which the safety of an aircraft or its
crew or passengers is threatened.
(4) For purposes of this subsection, the terms ``air
transportation'', ``air carrier'', ``foreign air
carrier'' and ``foreign air transportation'' have the
meanings such terms have under section 101 of the
Federal Aviation Act of 1958 (49 U.S.C. App. 1301).
(e) \385\ For each calendar year, the Secretary of State,
after consultation with the appropriate committees of the
Congress, shall establish numerical standards and other
guidelines for determining which countries will be considered
to be major drug-transit countries under section 805(3)(A) and
(B).
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\385\ Sec. 4408(c) of Public Law 100-690 (102 Stat. 4181) added
subsec. (e).
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SEC. 803.\386\ SUGAR QUOTA.
Notwithstanding any other provisions of law, the President
may not allocate any limitation imposed on the quantity of
sugar to any country which has a Government involved in the
trade of illicit narcotics or is failing to cooperate with the
United States in narcotics enforcement activities as defined in
section 802(b) as determined by the President.
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\386\ 19 U.S.C. 2493.
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SEC. 804.\387\ PROGRESS REPORTS.
The President shall include as a part of the annual report
required under section 489 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h) \388\ an evaluation of progress that
each major drug producing country and each major drug-transit
country has made during the reporting period in achieving the
objectives set forth in section 802(b).
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\387\ 19 U.S.C. 2494.
\388\ Formerly read ``section 481(e)(1)''. Sec. 6(a) of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4932) provided that ``Any reference in any provision of law
enacted before the date of enactment of this Act to section 481(e) * *
* of that Act shall be deemed to be a reference to section 489.''. Sec.
1001(a)(9) of Public Law 106-36 (113 Stat. 131) subsequently struck out
``481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(1))''
and inserted in lieu thereof ``489 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h).''.
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SEC. 805.\389\ DEFINITIONS.
For purposes of this title--
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\389\ 19 U.S.C. 2495.
---------------------------------------------------------------------------
(1) continuity of a session of Congress is broken
only by an adjournment of the Congress sine die, and
the days on which either House is not in session
because of an adjournment of more than three days to a
day certain are excluded in the computation of the
period indicated;
(2) \390\ the term ``major drug producing country''
means a country that illicitly produces during a fiscal
year 5 metric tons or more of opium or opium
derivative, 500 metric tons or more of coca, or 500
metric tons or more of marijuana;
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\390\ Sec. 17(h)(5) of the International Narcotics Control Act of
1989 (Public Law 101-231; 103 Stat. 1965) restated para. (2). Sec.
1001(a)(10) of Public Law 106-36 (113 Stat. 131) struck out ``and'' at
the end of the paragraph.
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(3) the term ``major drug-transit country'' means a
country--
(A) that is a significant direct source of
illicit narcotic or psychotropic drugs or other
controlled substances significantly affecting
the United States;
(B) through which are transported such drugs
or substances; or
(C) through which significant sums of drug-
related profits or monies are laundered with
the knowledge or complicity of the government;
and
(4) the term ``narcotic and psychotropic drugs and
other controlled substances'' has the same meaning as
is given by any applicable international narcotics
control agreement or domestic law of the country or
countries concerned.
(2) Tariff Act of 1930, as amended
Partial text of Public Law 71-361 [H.R. 2667], approved June 17, 1930,
as amended
AN ACT To provide revenue, to regulate commerce with foreign countries,
to encourage the industries of the United States, to protect American
labor, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE III--SPECIAL PROVISIONS
Part I--Miscellaneous
* * * * * * *
SEC. 303.\1\ COUNTERVAILING DUTIES. * * * [REPEALED--1994]
* * * * * * *
SEC. 307.\2\ CONVICT-MADE GOODS; IMPORTATION PROHIBITED
All goods, wares, articles, and merchandise mined,
produced, or manufactured wholly or in part in any foreign
country by convict labor or/and forced labor or/and indentured
labor under penal sanctions shall not be entitled to entry at
any of the ports of the United States, and the importation
thereof is hereby prohibited, and the Secretary of the Treasury
is authorized and directed to prescribe such regulations as may
be necessary for the enforcement of this provision. The
provisions of this section relating to goods, wares, articles,
and merchandise mined, produced, or manufactured by forced
labor or/and indentured labor, shall take effect on January 1,
1932; but in no case shall such provisions be applicable to
goods, wares, articles, or merchandise so mined, produced, or
manufactured which are not mined, produced, or manufactured in
such quantities in the United States as to meet the consumptive
demands of the United States. For purposes of this section, the
term ``forced labor or/and indentured labor'' includes forced
or indentured labor.\3\
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\1\ Formerly at 19 U.S.C. 1303. Sec. 261 of the Uruguay Round
Agreements Act (Public Law 103-465; 108 Stat. 4908) repealed sec. 303.
See title II of that Act, relating to antidumping and countervailing
duty provisions (108 Stat. 4842). See also sec. 261(b), relating to the
continuing effect of certain legal documents and proceedings not
affected by the repeal.
\2\ 19 U.S.C. 1307. Sec. 3702 of Public Law 105-261 (112 Stat.
2275) provided the following:
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``sec. 3702. reporting requirement on forced labor products destined for
the united states market.
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``(a) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner of Customs shall prepare
and transmit to the Congress a report on products made with forced
labor that are designed for the United States market.
``(b) Contents of Report.--The report under subsection (a) shall
include information concerning the following:
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``(1) The extent of the use of forced labor in manufacturing products
destined for the United States market.
``(2) The volume of products made with forced labor, destined for the
United States market, that is violation of section 307 of the Tariff Act of
1930 or section 1761 of title 18, United States Code, and is seized by the
United States Customs Service.
``(3) The progress of the United States Customs Service in identifying
and interdicting products made with forced labor that are destined for the
United States market.''.
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Title V of the Department of Homeland Security Appropriations Act,
2004 (Public Law 108-90; 117 Stat. 1154), provided the following:
``Sec. 514. For fiscal year 2004 and thereafter, none of the funds
appropriated or otherwise made available to the Department of Homeland
Security shall be available for any activity or for paying the salary
of any Government employee where funding an activity or paying a salary
to a Government employee would result in a determination, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
``Sec. 515. For fiscal year 2004 and thereafter, none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to allow--
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``(1) the importation into the United States of any good, ware, article,
or merchandise mined, produced, or manufactured by forced or indentured
child labor, as determined under section 307 of the Tariff Act of 1930 (19
U.S.C. 1307); or
``(2) the release into the United States of any good, ware, article, or
merchandise on which there is in effect a detention order under such
section 307 on the basis that the good, ware, article, or merchandise may
have been mined, produced, or manufactured by forced or indentured child
labor.''.
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\3\ Sec. 411(a) of Public Law 106-200 (114 Stat. 298) inserted the
final sentence.
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``Forced labor,'' as herein used, shall mean all work or
service which is exacted from any person under the menace of
any penalty for its nonperformance and for which the worker
does not offer himself voluntarily.
SEC. 308.\4\ PROHIBITION ON IMPORTATION OF DOG AND CAT FUR PRODUCTS.
(a) Definitions.--In this section:
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\4\ 19 U.S.C. 1308. Sec. 1443 of the Tariff Suspension and Trade
Act of 2000 (Public Law 106-476; 114 Stat. 2164), inserted sec. 308.
Sec. 1442 of that Act (19 U.S.C. 1308 note) further provided the
following:
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``sec. 1442. findings and purposes.
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``(a) Findings.--Congress makes the following findings:
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``(1) An estimated 2,000,000 dogs and cats are slaughtered and sold
annually as part of the international fur trade. Internationally, dog and
cat fur is used in a wide variety of products, including fur coats and
jackets, fur trimmed garments, hats, gloves, decorative accessories,
stuffed animals, and other toys.
``(2) The United States represents one of the largest markets for the
sale of fur and fur products in the world. Market demand for fur products
in the United States has led to the introduction of dog and cat fur
products into United States commerce, frequently based on deceptive or
fraudulent labeling of the products to disguise the true nature of the fur
and mislead United States wholesalers, retailers, and consumers.
``(3) Dog and cat fur, when dyed, is not easily distinguishable to
persons who are not experts from other furs such as fox, rabbit, coyote,
wolf, and mink, and synthetic materials made to resemble real fur. Dog and
cat fur is generally less expensive than other types of fur and may be used
as a substitute for more expensive types of furs, which provides an
incentive to engage in unfair or fraudulent trade practices in the
importation, exportation, distribution, or sale of fur products, including
deceptive labeling and other practices designed to disguise the true
contents or origin of the product.
``(4) Forensic texts have documented that dog and cat fur products are
being imported into the United States subject to deceptive labels or other
practices designed to conceal the use of dog or cat fur in the production
of wearing apparel, toys, and other products.
``(5) Publicly available evidence reflects ongoing significant use of
dogs and cats bred expressly for their fur by foreign fur producers for
manufacture into wearing apparel, toys, and other products that have been
introduced into United States commerce. The evidence indicates that foreign
fur producers also rely on the use of stray dogs and cats and stolen pets
for the manufacture of fur products destined for the world and United
States markets.
``(6) The methods of housing, transporting, and slaughtering dogs and
cats for fur production are generally unregulated and inhumane.
``(7) The trade of dog and cat fur products is ethically and
aesthetically abhorrent to United States citizens. Consumers in the United
States have a right to know if products offered for sale contain dog or cat
fur and to ensure that they are not unwitting participants in this gruesome
trade.
``(8) Persons who engage in the sale of dog or cat fur products,
including the fraudulent trade practices identified above, gain an unfair
competitive advantage over persons who engage in legitimate trade in
apparel, toys, and other products, and derive an unfair benefit from
consumers who buy their products.
``(9) The imposition of a ban on the sale, manufacture, offer for sale,
transportation, and distribution of dog and cat fur products, regardless of
their source, is consistent with the international obligations of the
United States because it applies equally to domestic and foreign producers
and avoids any discrimination among foreign sources of competing products.
Such a ban is also consistent with provisions of international agreements
to which the United States is a party that expressly allow for measures
designed to protect the health and welfare of animals and to enjoin the use
of deceptive trade practices in international or domestic commerce.
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``(b) Purposes.--The purposes of this chapter are to--
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``(1) prohibit imports, exports, sale, manufacture, offer for sale,
transportation, and distribution in the United States of dog and cat fur
products, in order to ensure that United States market demand does not
provide an incentive to slaughter dogs or cats for their fur;
``(2) require accurate labeling of fur species so that consumers in the
United States can make informed choices and ensure that they are not
unwitting contributors to this gruesome trade; and
``(3) ensure that the customs laws of the United States are not
undermined by illicit international traffic in dog and cat fur products.''.
(1) Cat fur.--The term ``cat fur'' means the pelt or
skin of any animal of the species Felis catus.
(2) Interstate commerce.--The term ``interstate
commerce'' means the transportation for sale, trade, or
use between any State, territory, or possession of the
United States, or the District of Columbia, and any
place outside thereof.
(3) Customs laws.--The term ``customs laws of the
United States'' means any other law or regulation
enforced or administered by the United States Customs
Service.
(4) Designated authority.--The term ``designated
authority'' means the Secretary of the Treasury, with
respect to the prohibitions under subsection (b)(1)(A),
and the President (or the President's designee), with
respect to the prohibitions under subsection (b)(1)(B).
(5) Dog fur.--The term ``dog fur'' means the pelt or
skin of any animal of the species Canis familiaris.
(6) Dog or cat fur product.--The term ``dog or cat
fur product'' means any item of merchandise which
consists, or is composed in whole or in part, of any
dog fur, cat fur, or both.
(7) Person.--The term ``person'' includes any
individual, partnership, corporation, association,
organization, business trust, government entity, or
other entity subject to the jurisdiction of the United
States.
(8) United states.--The term ``United States'' means
the customs territory of the United States, as defined
in general note 2 of the Harmonized Tariff Schedule of
the United States.
(b) Prohibitions.--
(1) In general.--It shall be unlawful for any person
to--
(A) import into, or export from, the United
States any dog or cat fur product; or
(B) introduce into interstate commerce,
manufacture for introduction into interstate
commerce, sell, trade, or advertise in
interstate commerce, offer to sell, or
transport or distribute in interstate commerce
in the United States, any dog or cat fur
product.
(2) Exception--This subsection shall not apply to the
importation, exportation, or transportation, for
noncommercial purposes, of a personal pet that is
deceased, including a pet preserved through taxidermy.
(c) Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--Any person who violates any
provision of this section or any regulation
issued under this section may, in addition to
any other civil or criminal penalty that may be
imposed under title 18, United States Code, or
any other provision of law, be assessed a civil
penalty by the designated authority of not more
than
(i) $10,000 for each separate knowing
and intentional violation;
(ii) $5,000 for each separate grossly
negligent violation; or
(iii) $3,000 for each separate
negligent violation.
(B) Debarment.--The designated authority may
prohibit a person from importing, exporting,
transporting, distributing, manufacturing, or
selling any fur product in the United States,
if the designated authority finds that the
person has engaged in a pattern or practice of
actions that has resulted in a final
administrative determination with respect to
the assessment of civil penalties for knowing
and intentional or grossly negligent violations
of any provision of this section or any
regulation issued under this section.
(C) Factors in assessing penalties.--In
determining the amount of civil penalties under
this paragraph, the designated authority shall
take into account the degree of culpability,
any history of prior violations under this
section, ability to pay, the seriousness of the
violation, and such other matters as fairness
may require.
(D) Notice.--No penalty may be assessed under
this paragraph against a person unless the
person is given notice and opportunity for a
hearing with respect to such violation in
accordance with section 554 of title 5, United
States Code.
(2) Forfeiture.--Any dog or cat fur product
manufactured, taken, possessed, sold, purchased,
offered for sale or purchase, transported, delivered,
received, carried, shipped, imported, or exported
contrary to the provisions of this section or any
regulation issued under this section shall be subject
to forfeiture to the United States.
(3) Enforcement.--The Secretary of the Treasury shall
enforce the provisions of this section with respect to
the prohibitions under subsection (b)(1)(A), and the
President shall enforce the provisions of this section
with respect to the prohibitions under subsection
(b)(1)(B).
(4) Regulations.--Not later than 270 days after the
date of the enactment of this section, the designated
authorities shall, after notice and opportunity for
comment, issue regulations to carry out the provisions
of this section. The regulations of the Secretary of
the Treasury shall provide for a process by which
testing laboratories, whether domestic or foreign, can
qualify for certification by the United States Customs
Service by demonstrating the reliability of the
procedures used for determining the type of fur
contained in articles intended for sale or consumption
in interstate commerce. Use of a laboratory certified
by the United States Customs Service to determine the
nature of fur contained in an item to which subsection
(b) applies is not required to avoid liability under
this section but may, in a case in which a person can
establish that the goods imported were tested by such a
laboratory and that the item was not found to be a dog
or cat fur product, prove dispositive in determining
whether that person exercised reasonable care for
purposes of paragraph (6).
(5) Reward.--The designated authority shall pay a
reward of not less than $500 to any person who
furnishes information that establishes or leads to a
civil penalty assessment, debarment, or forfeiture of
property for any violation of this section or any
regulation issued under this section.
(6) Affirmative defense.--Any person accused of a
violation under this section has a defense to any
proceeding brought under this section on account of
such violation if that person establishes by a
preponderance of the evidence that the person exercised
reasonable care--
(A) in determining the nature of the products
alleged to have resulted in such violation; and
(B) in ensuring that the products were
accompanied by documentation, packaging, and
labeling that were accurate as to the nature of
the products.
(7) Coordination with other laws.--Nothing in this
section shall be construed as superseding or limiting
in any manner the functions and responsibilities of the
Secretary of the Treasury under the customs laws of the
United States.
(d) Publication of Names of Certain Violators.--The
designated authorities shall, at least once each year, publish
in the Federal Register a list of the names of any producer,
manufacturer, supplier, seller, importer, or exporter, whether
or not located within the customs territory of the United
States or subject to the jurisdiction of the United States,
against whom a final administrative determination with respect
to the assessment of a civil penalty for a knowing and
intentional or a grossly negligent violation has been made
under this section.
(e) Reports.--In order to enable Congress to engage in
active, continuing oversight of this section, the designated
authorities shall provide the following:
(1) Plan for enforcement.--Within 3 months after the
date of the enactment of this section, the designated
authorities shall submit to Congress a plan for the
enforcement of the provisions of this section,
including training and procedures to ensure that United
States Government personnel are equipped with state-of-
the-art technologies to identify potential dog or cat
fur products and to determine the true content of such
products.
(2) Report on enforcement efforts.--Not later than 1
year after the date of the enactment of this section,
and on an annual basis thereafter, the designated
authorities shall submit a report to Congress on the
efforts of the United States Government to enforce the
provisions of this section and the adequacy of the
resources to do so. The report shall include an
analysis of the training of United States Government
personnel to identify dog and cat fur products
effectively and to take appropriate action to enforce
this section. The report shall include the findings of
the designated authorities as to whether any government
has engaged in a pattern or practice of support for
trade in products the importation of which are
prohibited under this section.
* * * * * * *
SEC. 323.\5\ CONSERVATION OF FISHERY RESOURCES.
Upon the convocation of a conference on the use or
conservation of international fishery resources, the President
shall, by all appropriate means at his disposal, seek to
persuade countries whose domestic fishing practices or policies
affect such resources, to engage in negotiations in good faith
relating to the use or conservation of such resources. If,
after such efforts by the President and by other countries
which have agreed to engage in such negotiations, any other
country whose conservation practices or policies affect the
interests of the United States and such other countries, has,
in the judgment of the President, failed or refused to engage
in such negotiations in good faith, the President may, if he is
satisfied that such action is likely to be effective in
inducing such country to engage in such negotiations in good
faith, increase the rate of duty on any fish (in any form)
which is the product of such country, for such time as he deems
necessary, to a rate not more than 50 percent above the rate
existing on July 1, 1934.
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\5\ 19 U.S.C. 1323. Sec. 257(i) of Public Law 87-794 (76 Stat. 883)
inserted sec. 323.
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Part II--United States International Trade Commission
SEC. 330.\6\ ORGANIZATION OF COMMISSION.
(a) Membership.--The United States International Trade
Commission (referred to in this subtitle as the ``Commission'')
shall be composed of six commissioners who shall be appointed
by the President, by and with the advice and consent of the
Senate. No person shall be eligible for appointment as a
commissioner unless he is a citizen of the United States, and,
in the judgment of the President, is possessed of
qualifications requisite for developing expert knowledge of
international trade problems and efficiency in administering
the duties and functions of the Commission. A person who has
served as a commissioner for more than 5 years (excluding
service as a commissioner before January 3, 1975) shall not be
eligible for the reappointment as a commissioner. Not more than
three of the commissioners shall be members of the same
political party, and in making appointments members of
different political parties shall be appointed alternately as
nearly as may be practicable.
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\6\ 19 U.S.C. 1330. As amended by title I of the Trade Act of 1974
(Public Law 93-618; 88 Stat. 2009-2011); by sec. 1801(a) of Public Law
94-455 (90 Stat. 1762); by secs. 1 and 2(a) of Public Law 95-106 (91
Stat. 867); and by Public Law 95-430 (92 Stat. 1020).
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(b) Terms of Office.--The terms of office of the
commissioners holding office on January 3, 1975, which (but for
this sentence) would expire on June 16, 1975, June 16, 1977,
June 16, 1978, June 16, 1979, and June 16, 1980, shall expire
on December 16, 1976, June 16, 1978, December 16, 1979, June
16, 1981, December 16, 1982, and June 16, 1984, respectively.
The term of office of each commissioner appointed after such
date shall expire 9 years from the date of the expiration of
the term for which his predecessor was appointed, except that--
(1) any commissioner appointed to fill a vacancy
occurring prior to the expiration of the term for which
his predecessor was appointed shall be appointed for
the remainder of such term, and
(2) any commissioner may continue to serve as a
commissioner after an expiration of this term of office
until his successor is appointed and qualified.
(c) Chairman and Vice Chairman; Quorum.--(1) The chairman
and the vice chairman of the Commission shall be designated by
the President from among the members of the Commission not
ineligible, under paragraph (3), for designation. The President
shall notify the Congress of his designations under this
paragraph. If, as of the date on which a term begins under
paragraph (2), the President has not designated the chairman of
the Commission for such term, the Commissioner who, as of such
date--
(A) is a member of a different political party than
the chairman of the Commission for the immediately
preceding term, and
(B) has the longest period of continuous service as a
commissioner,
shall serve as chairman of the Commission for the portion of
such term preceding the date on which an individual designated
by the President takes office as chairman.\7\
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\7\ Sec. 1(c)(1) of Public Law 102-185 (105 Stat. 1280) added from
``If, as of the date * * *'', effective December 14, 1991.
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(2) After June 16, 1978, the terms of office for the
chairman and vice chairman of the Commission shall be as
follows:
(A) The first term of office occurring after such
date shall begin on June 17, 1978, and end at the close
of June 16, 1980.
(B) Each term of office thereafter shall begin on the
day after the closing date of the immediately preceding
term of office and end at the close of the 2-year
period beginning on such day.
(3)(A) \8\ The President may not designate as the chairman
of the Commission for any term any commissioner who is a member
of the political party of which the chairman of the Commission
for the immediately preceding term is a member, or who has less
than 1 year of continuous service as a commissioner as of the
date such designation is being made.\9\
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\8\ Sec. 1(a)(1)(A) of Public Law 102-185 (105 Stat. 1280) amended
and restated para. (3)(A), applicable to terms beginning on and after
June 17, 1990.
In the case of the term of the chairman of the USITC beginning June
17, 1992, this section shall not apply, pursuant to sec. 1(b) of Public
Law 102-185 (105 Stat. 1280). Furthermore, sec. 1(b)(2) of that Act
requires that ``the President shall designate as chairman a
Commissioner who is a member of the same political party as the
chairman of the Commission serving on June 16, 1986.''.
\9\ Sec. 1(a)(2)(A) of Public Law 102-185 (105 Stat. 1280) inserted
``, or who has less than 1 year of continuous service as a commissioner
as of the date such designation is being made'', applicable to terms
beginning on and after June 17, 1996.
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(B) The President may not designate as the vice chairman of
the Commission for any term any commissioner who is a member of
the political party of which the chairman for that term is a
member.
(C) If any commissioner does not complete a term as
chairman or vice chairman by reason of death, resignation,
removal from office as a commissioner, or expiration of his
term of office as a commissioner, the President shall designate
as the chairman or vice chairman, as the case may be, for the
remainder of such term a commissioner who is a member of the
same political party. Designation of a chairman under this
subparagraph may be made without regard to the 1-year
continuous service requirement under subparagraph (A).\10\
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\10\ Sec. 1(a)(1)(B) of Public Law 102-185 (105 Stat. 1280) struck
out the last sentence of subpara. (C), which had referred to struck out
language in subpara. (A), applicable to terms beginning on and after
June 17, 1990. Sec. 1(a)(2)(B) of Public Law 102-185 inserted the
current last sentence, applicable to terms beginning on and after June
17, 1996.
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(4) The vice chairman shall act as chairman in case of the
absence or disability of the chairman. During any period in
which there is no chairman or vice chairman, the commissioner
having the longest period of continuous service as a
commissioner shall act as chairman.
(5) No commissioner shall actively engage in any business,
vocation, or employment other than that of serving as a
commissioner.
(6) A majority of the commissioners in office shall
constitute a quorum, but the Commission may function
notwithstanding vacancies.
(d) Voting Procedures.--(1) In a proceeding in which the
Commission is required to determine--
(A) under section 202 \11\ of the Trade Act of 1974,
whether increased imports of an article are a
substantial cause of serious injury, or the threat
thereof, as described in subsection (b)(1) of that
section (hereinafter in this subsection referred to as
``serious injury''), or
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\11\ Sec. 1401(b)(4) of Public Law 100-418 (102 Stat. 1240) struck
out ``201'' and inserted in lieu thereof ``202''.
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(B) under section 406 of such Act, whether market
disruption exists,
and the commissioners voting are equally divided with respect
to such determination, then the determination agreed upon by
either group of commissioners may be considered by the
President as the determination of the Commission.
(2) If under section 202(b) \12\ or 406 of the Trade Act of
1974 there is an affirmative determination of the Commission,
or a determination of the Commission which the President may
consider an affirmative determination under paragraph (1), that
serious injury or market disruption exists, respectively, and a
majority of the commissioners voting are unable to agree on a
finding or recommendation described in section 201(e)(1) \12\
of such Act or the finding described in section 406(a)(3) of
such Act as the case may be (hereafter in this subsection
referred to as a ``remedy finding''), then--
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\12\ Sec. 1401(b)(4) of Public Law 100-418 (102 Stat. 1240) struck
out ``201'', inserted in lieu thereof ``202(b)'', and struck out
``201(d)(1)'' and inserted in lieu thereof ``202(e)(1)''.
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(A) if a plurality of not less than three
commissioners so voting agree on a remedy finding, such
remedy finding shall, for purposes of section 202 \11\
of such Act be treated as the remedy finding of the
Commission, or
(B) if two groups, both of which include not less
than 3 commissioners, each agree upon a remedy finding
and the President reports under section 204(a) \13\ of
such Act that--
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\13\ Sec. 1401(b)(4)(B) of Public Law 100-418 (102 Stat. 1241)
struck out ``203(b)'' and inserted in lieu thereof ``204(a)''.
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(i) he is taking the action agreed upon by
one such group, then the remedy finding agreed
upon by the other group shall, for purposes of
section 203 of such Act be treated as the
remedy finding of the Commission, or
(ii) he is taking action which differs from
the action agreed upon by both such groups, or
that he will not take any action, then the
remedy finding agreed upon by either such group
may be considered by the Congress as the remedy
finding of the Commission and shall, for
purposes of section 203 of such Act be treated
as the remedy finding of the Commission.
(3) In any proceeding to which paragraph (1) applies in
which the commissioners voting are equally divided on a
determination that serious injury exists, or that market
disruption exists, the Commission shall report to the President
the determination of each group of commissioners. In any
proceeding to which paragraph (2) applies, the Commissioner
shall report to the President the remedy finding of each group
of commissioners voting.
(4) In a case to which paragraph (2)(B)(ii) applies, for
purposes of section 203(a) \14\ of the Trade Act of 1974,
notwithstanding section 152(a)(1)(A) of such Act the second
blank space in the joint resolution described in such section
152(a)(1)(A) \15\ shall be filled with the appropriate date and
the following: ``The action which shall take effect under
section 203(a) \14\ of the Trade Act of 1974 is the finding or
recommendation agreed upon by Commissioners
........................, ........................, and
........................'' The three blank spaces shall be
filled with the names of the appropriate Commissioners.
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\14\ Sec. 1401(b)(4)(C) of Public Law 100-418 (102 Stat. 1241)
struck out ``203(c)(1)'' and inserted in lieu thereof ``203(a)''.
\15\ Sec. 248(c) of Public Law 98-573 (98 Stat. 2998) inserted this
reference to a joint resolution described in sec. 152(a)(1)(A) in lieu
of a reference to a concurrent resolution described in sec. 152.
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(5) Whenever, in any case in which the Commission is
authorized to make an investigation upon its own motion upon
complaint, or upon application of any interested party, one-
half of the number of commissioners voting agree that the
investigation should be made, such investigation shall
thereupon be carried out in accordance with the statutory
authority covering the matter in question. Whenever the
Commission is authorized to hold hearings in the course of any
investigation and one-half of the number of commissioners
voting agree that hearings should be held, such hearings shall
thereupon be held in accordance with the statutory authority
covering the matter in question.
(e) Authorization of Appropriations.--(1) For the fiscal
year beginning October 1, 1976, and each fiscal year
thereafter, there are authorized to be appropriated to the
Commission only such sums as may hereafter be provided by law.
(2) \16\ (A) There are authorized to be appropriated to the
Commission for necessary expenses (including the rental of
conference rooms in the District of Columbia and elsewhere) not
to exceed the following:
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\16\ Sec. 101 of the Customs and Trade Act of 1990 (Public Law 101-
382; 104 Stat. 633) amended and restated subsec. (e)(2).
Previously, sec. 701 of Public Law 98-573 (98 Stat. 3043) replaced
language authorizing not to exceed $19,737,000 for the Commission
during fiscal year 1983. This sentence was subsequently amended by sec.
13021 of Public Law 99-272 (100 Stat. 305) which substituted ``1986''
and ``$28,901,000'' in lieu of ``1985'' and ``$28,410,000''; by sec.
9502 of Public Law 100-203 (101 Stat. 1330-380) which inserted ``1988''
and ``$35,386,000'' in lieu of ``1986'' and ``$28,901,000''; and by
sec. 2 of Public Law 101-207 (103 Stat. 1833) which inserted ``1990''
and ``$39,943,000'' in lieu of ``1988'' and ``$35,386,000''.
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(i) $41,170,000 for fiscal year 1991.
(ii) $44,052,000 for fiscal year 1992.
(B) Not to exceed $2,500 of the amount authorized to be
appropriated for any fiscal year under subparagraph (A) may be
used, subject to the approval of the Chairman of the
Commission, for reception and entertainment expenses.
(C) No part of any sum that is appropriated under the
authority of subparagraph (A) may be used by the Commission in
the making of any special study, investigation, or report that
is requested by any agency of the executive branch unless that
agency reimburses the Commission for the cost thereof.
(3) There are authorized to be appropriated to the
Commission for each fiscal year after September 30, 1977, in
addition to any other amount authorized to be appropriated for
such fiscal year, such sums as may be necessary for increases
authorized by law in salary, pay, retirement, and other
employee benefits.
(4) \17\ By not later than the date on which the President
submits to Congress the budget of the United States Government
for a fiscal year, the Commission shall submit to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the projected amount of
funds for the succeeding fiscal year that will be necessary for
the Commission to carry out its functions.
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\17\ Sec. 371(b) of the Customs Border Security Act of 2002 (title
III of Public Law 107-210; 116 Stat. 991) added para. (4).
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(f) \18\ The Commission shall be considered to be an
independent regulatory agency for purposes of chapter 35 of
title 44, United States Code.
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\18\ Sec. 1612 of Public Law 100-418 (102 Stat. 1262) added subsec.
(f).
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SEC. 331.\19\ GENERAL POWERS.
(a)(1)(A) Except as provided in paragraph (2), the chairman
of the Commission shall--
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\19\ 19 U.S.C. 1331. As amended by sec. 3 of Public Law 95-106 (91
Stat. 868). Further amended in subsec. (a)(1) by sec. 1(b) of Public
Law 97-456 (96 Stat. 2503).
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(i) appoint and fix the compensation of such
employees of the Commission as he deems necessary
(other than the personal staff of each commissioner),
including the secretary,
(ii) procure the services of experts and consultants
in accordance with the provisions of section 3109 of
title 5, and
(iii) exercise and be responsible for all other
administrative functions of the Commission.
(B) The chairman of the Commission may accept, hold,
administer and utilize gifts, devises, and bequests of
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission.
(C) Any decision by the chairman under subparagraph (A) or
(B) shall be subject to disapproval of a majority vote of all
the commissioners in office.
(2) Subject to approval by a majority vote of all the
commissioners in office, the chairman may--
(A) terminate the employment of any supervisory
employee of the Commission whose duties involve
substantial personal responsibility for Commission
matters and who is compensated at a rate equal to, or
in excess of, the rate for grade GS-15 of the General
Schedule in section 5332 of Title 5, and
(B) formulate the annual budget of the Commission.
(3) No member of the Commission, in making public
statements with respect to any policy matter for which the
Commission has responsibility, shall represent himself as
speaking for the Commission, or his views as being the views of
the Commission, with respect to such matter except to the
extent that the Commission has adopted the policy being
expressed.
(b) Application of Civil Service Law.--Except for employees
excepted under civil service rules, all employees of the
Commission shall be appointed from lists of eligibles to be
supplied by the Director of the Office of Personnel Management
\20\ and in accordance with the civil service law.
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\20\ This authority was transferred from the Civil Service
Commission to the Director of the Office of Personnel Management by
Reorganization Plan No. 2 of 1978 and Executive Order 12107, December
28, 1978.
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(c) Expenses.--All of the expenses of the Commission,
including all necessary expenses for transportation incurred by
the commissioners or by their employees under their orders in
making any investigation or upon official business in any other
places than at their respective headquarters, shall be allowed
and paid on the presentation of itemized vouchers therefor
approved by the chairman (except that in the case of a
commissioner, or the personal staff of any commissioner, such
vouchers may be approved by that commissioner).
(d) Principal Office at Washington.--The principal office
of the Commission shall be in the city of Washington, but it
may meet and exercise all the powers at any other place. The
Commission may, by one or more of its members, or by such
agents as it may designate, prosecute any inquiry necessary to
its duties in any part of the United States or in any foreign
country.
(e) Office at New York.--The Commission is authorized to
establish and maintain an office at the port of New York for
the purpose of directing or carrying on any investigation,
receiving and compiling statistics, selecting, describing, and
filing samples of articles, and performing any of the duties or
exercising any of the powers imposed upon it by law.
(f) Official Seal.--The Commission is authorized to adopt
an official seal, which shall be judicially noticed.
SEC. 332.\21\ INVESTIGATIONS.
(a) Investigations and Reports.--It shall be the duty of
the Commission to investigate the administration and fiscal and
industrial effects of the customs laws of this country now in
force or which may be hereafter enacted, the relations between
the rates of duty on raw materials and finished or partly
finished products, the effects of ad valorem and specific
duties and of compound specific and ad valorem duties, all
questions relative to the arrangement of schedules and
classification of articles in the several schedules of the
customs law, and, in general, to investigate the operation of
customs laws, including their relation to the Federal revenues,
their effect upon the industries and labor of the country, and
to submit reports of its investigations as hereafter provided.
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\21\ 19 U.S.C. 1332.
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(b) Investigations of Tariff Relations.--The Commission
shall have power to investigate the tariff relations between
the United States and foreign countries, commercial treaties,
preferential provisions, economic alliances, the effect of
export bounties and preferential transportation rates, the
volume of importations compared with domestic production and
consumption, and conditions, causes, and effects relating to
competition of foreign industries with those of the United
States, including dumping and cost of production.
(c) Investigation of Paris Economy Pact.--The Commission
shall have power to investigate the Paris Economy Pact and
similar organizations and arrangements in Europe.
(d) Information for President and Congress.--In order that
the President and the Congress may secure information and
assistance, it shall be the duty of the Commission to--
(1) Ascertain conversion costs and costs of
production in the principal growing, producing, or
manufacturing centers of the United States of articles
of the United States, whenever in the opinion of the
Commission it is practicable;
(2) Ascertain conversion costs and costs of
production in the principal growing, producing, or
manufacturing centers of foreign countries of articles
imported into the United States, whenever in the
opinion of the Commission such conversion costs or
costs of production are necessary for comparison with
conversion costs or costs of production in the United
States and can be reasonably ascertained;
(3) Select and describe articles which are
representative of the classes or kinds of articles
imported into the United States and which are similar
to or comparable with articles of the United States;
select and describe articles of the United States
similar to or comparable with such imported articles;
and obtain and file samples of articles so selected,
whenever the Commission deems it advisable;
(4) Ascertain import costs of such representative
articles so selected;
(5) Ascertain the grower's, producer's, or
manufacturer's selling prices in the principal growing,
producing, or manufacturing centers of the United
States of the articles of the United States so
selected; and
(6) Ascertain all other facts which will show the
differences in or which affect competition between
articles of the United States and imported articles in
the principal markets of the United States.
(e) Definitions.--When used in this subdivision and in
subdivision (d)--
(1) The term ``article'' includes any commodity,
whether grown, produced, fabricated, manipulated, or
manufactured;
(2) \22\ The term ``import cost'' means the
transaction value of the imported merchandise
determined in accordance with section 402(b) plus, when
not included in the transaction value of the imported
merchandise determined in accordance with section
402(b) plus, when not included in the transaction
value, all necessary expenses, exclusive of customs
duties, of bringing such merchandise to the United
States.
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\22\ Sec. 202(a)(1) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 201) amended the definintion of ``import cost'',
effective January 1, 1981.
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(f) The Tariff Commission is hereby directed, within eight
months from the passage of this Act, to ascertain the
approximate average cost per barrel to the oil refineries
located on the Atlantic seaboard of crude petroleum delivered
to them from the oil fields of the United States during the
three years preceding 1930, and the present approximate average
cost per barrel of crude petroleum from Lake Maracaibo,
Venezuela, delivered to the same points. Such relative costs
shall be immediately certified to the Speaker of the House of
Representatives and to the President of the Senate for the
information of the Congress.
(g) \23\ Reports to the President and Congress.--The
commission shall put at the disposal of the President of the
United States, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate,
whenever requested, all information at its command, and shall
make such investigations and reports as may be requested by the
President or by either of said committees or by either branch
of the Congress. However, the Commission may not release
information which the Commission considers to be confidential
business information unless the party submitting the
confidential business information had notice, at the time of
submission, that such information would be released by the
Commission, or such party subsequently consents to the release
of the information. The Commission shall report to Congress
\24\ on the first Monday of December of each year after June
17, 1930, a statement of the methods adopted and all expenses
incurred, a summary of all reports made during the year, and a
list of all votes taken by the commission during the year,
showing those commissioners voting in the affirmative and the
negative on each vote and those commissioners not voting on
each vote and the reasons for not voting. Each such annual
report shall include a list of all complaints filed under
section 1337 of this title during the year for which such
report is being made, the date on which each such complaint was
filed, and the action taken thereon, and the status of all
investigations conducted by the commission under such section
during such year and the date on which each such investigation
was commenced.
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\23\ Secs. 173 and 341 of the Trade Act of 1974 (Public Law 93-618;
88 Stat. 2010, 2056) amended and restated subsec. (g).
\24\ Sec. 1613 of Public Law 100-418 (102 Stat. 1262) struck out
``, and shall report to Congress'', and inserted the text to this point
beginning with ``. However, the Commission may not release information
* * *''. Sec. 9001(a)(16) of the Technical and Miscellaneous Revenue
Act of 1988 (Public Law 100-647; 102 Stat. 3342) struck out the period
which appeared after ``Congress''.
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SEC. 333.\25\ TESTIMONY AND PRODUCTION OF PAPERS.
(a) Authority to Obtain Information.--For the purposes of
carrying out its functions and duties in connection with any
investigation authorized by law, the commission or its duly
authorized agent or agents (1) shall have access to and the
right to copy any document, paper, or record, pertinent to the
subject matter under investigation, in the possession of any
person, firm, copartnership, corporation, or association
engaged in the production, importation, or distribution of any
article under investigation, (2) may summon witnesses, take
testimony, and administer oaths, (3) may require any person,
firm, copartnership, corporation, or association to produce
books or papers relating to any matter pertaining to such
investigation, and (4) may require any person, firm,
copartnership, corporation, or association, to furnish in
writing, in such detail and in such form as the Commission may
prescribe, information in their possession pertaining to such
investigation. Any member of the Commission may sign subpoenas,
and members and agents of the Commission, when authorized by
the Commission, may administer oaths and affirmations, examine
witnesses, take testimony, and receive evidence.
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\25\ 19 U.S.C. 1333. As amended by sec. 9 of Public Law 85-686 (72
Stat. 679).
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(b) Witnesses and Evidence.--Such attendance of witnesses
and the production of such documentary evidence may be required
from any place in the United States at any designated place of
hearing. And in case of disobedience to a subpoena the
Commission may invoke the aid of any district or territorial
court of the United States or the United States District Court
for the District of Columbia in requiring attendance and
testimony of witnesses and the production of documentary
evidence, and such court within the jurisdiction of which such
inquiry is carried on may, in case of contumacy or refusal to
obey a subpoena issued to any corporation or other person,
issue an order requiring such corporation or other person to
appear before the Commission, or to produce documentary
evidence if so ordered or to give evidence touching the matter
in question; and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
(c) \26\ Mandamus.--At the request of the Commission, any
such court shall have jurisdiction to issue writs of mandamus
commanding compliance with the provisions of this part of any
order of the Commission made in pursuance thereof.
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\26\ Formerly, this request was required to be submitted through
the Attorney General of the United States. Sec. 174(1) of the Trade Act
of 1974 (Public Law 93-618; 88 Stat. 2011) struck out this provision.
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(d) Deposition.--The Commission may order testimony to be
taken by deposition in any proceeding or investigation pending
before the Commission at any state of such proceeding or
investigation. Such deposition may be taken before any person
designated by the Commission and having power to administer
oaths. Such testimony shall be reduced to writing by the person
taking the deposition, or under his direction, and shall then
be subscribed by the deponent. Any person, firm, copartnership,
corporation, or association, may be compelled to appear and
depose and to produce documentary evidence in the same manner
as witnesses may be compelled to appear and testify and produce
documentary evidence before the Commission, as hereinbefore
provided.
(e) Fees and Mileage of Witnesses.--Witnesses summoned
before the Commission shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States, and
witnesses whose depositions are taken and the persons taking
the same, except employees of the Commission, shall severally
be entitled to the same fees and mileage as are paid for like
services in the courts of the United States.\27\
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\27\ Sec. 229 of Public Law 91-452 (84 Stat. 930) struck out a
provision that had previously appeared at this point relating to the
immunity from prosecution of any natural person compelled to testify or
produce evidence in obedience to the subpoena of the Commission.
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(f) Statements Under Oath.--The Commission is authorized,
in order to ascertain any facts required by subdivision (d) of
section 1332 of this title to require any importer and any
American grower, producer, manufacturer, or seller to file with
the Commission a statement, under oath, giving his selling
prices in the United States of any article imported, grown,
produced, fabricated, manipulated, or manufactured by him.
(g) \28\ Representation in Court Proceedings.--The
Commission shall be represented in all judicial proceedings by
attorneys who are employees of the Commission or, at the
request of the Commission, by the Attorney General of the
United States.
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\28\ Sec. 174 of the Trade Act of 1974 (Public Law 93-618; 88 Stat.
2011) added subsec (g).
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(h) \29\ Administrative Protective Orders.--Any
correspondence, private letters of reprimand, and other
documents and files relating to violations or possible
violations of administrative protective orders issued by the
Commission in connection with investigations or other
proceedings under this title shall be treated as information
described in section 552(b)(3) of title 5, United States Code.
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\29\ Sec. 135(a) of the Customs and Trade Act of 1990 (Public Law
101-382; 104 Stat. 651) added subsec. (h).
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SEC. 334. COOPERATION WITH OTHER AGENCIES.
The Commission shall in appropriate matters act in
conjunction and cooperation with the Treasury Department, the
Department of Commerce, the Federal Trade Commission, or any
other departments, or independent establishment of the
Government, and such departments and independent establishments
of the Government shall cooperate fully with the Commission for
the purposes of aiding and assisting in its work, and, when
directed by the President, shall furnish to the Commission, on
its request, all records, papers, and information in their
possession relating to any of the subjects of investigation by
the Commission and shall detail, from time to time, such
officials and employees to said Commission as he may direct.
SEC. 335.\30\ RULES AND REGULATIONS.
The Commission is authorized to adopt such reasonable
procedures and rules and regulations as it deems necessary to
carry out its functions and duties.
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\30\ 19 U.S.C. 1335. Sec. 9(c) of Public Law 85-686 (72 Stat. 680)
added sec. 335. Previously, the authorization under this section was
contained in sec. 336(a) which was struck out by sec. 9 of Public Law
85-686.
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SEC. 336.\31\ EQUALIZATION OF COSTS OF PRODUCTION.
(a) Change of Classification of Duties.--In order to put
into force and effect the policy of Congress by this chapter
intended, the Commission (1) upon request of the President, or
(2) upon resolution of either or both Houses of Congress, or
(3) upon its own motion, or (4) when in the judgment of the
Commission there is good and sufficient reason therefor, upon
application of any interested party, shall investigate the
differences in the costs of production of any domestic article
and of any like or similar foreign article. In the course of
the investigation the Commission shall hold hearings and give
reasonable public notice thereof, and shall afford reasonable
opportunity for parties interested to be present, to produce
evidence, and to be heard at such hearings. The Commission
shall report to the President the results of the investigation
and its findings with respect to such differences in costs of
production. If the Commission finds it shown by the
investigation that the duties expressly fixed by statute do not
equalize the differences in the costs of production of the
domestic article and the like or similar foreign article when
produced in the principal competing country, the Commission
shall specify in its report such increases or decreases in
rates of duty expressly fixed by statute (including any
necessary change in classification) as it finds shown by the
investigation to be necessary to equalize such differences. In
no case shall the total increase or decrease of such rates of
duty exceed 50 per centum of the rates expressly fixed by the
statute.
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\31\ 19 U.S.C. 1336. Sec. 9(c)(1) of Public Law 85-686 (72 Stat.
679) amended subsec. 336.
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(b) \32\ * * *
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\32\ Sec. 202(a)(2) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 202) struck out subsec. (b), which concerned changes to
American selling price, effective January 1, 1981.
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(c) Proclamation by the President.--The President shall by
proclamation approve the rates of duty and changes in
classification \33\ specified in any report of the Commission
under this section, if in his judgment such rates of duty and
changes are shown by such investigation of the Commission to be
necessary to equalize such differences in costs of production.
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\33\ Sec. 202(a)(2) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 202) struck out the words ``and in basis of value''
which previously appeared at this point, effective January 1, 1981.
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(d) Effective Date of Rates and Changes.--Commencing thirty
days after the date of any Presidential proclamation of
approval the increased or decreased rates of duty and changes
in classification \34\ specified in the report of the
commission shall take effect.
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\34\ Sec. 202(a)(2) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 202) struck out the words ``or in basis of value''
which previously appeared at this point.
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(e) Ascertainment of Differences in Costs of Production.--
In ascertaining under this section the differences in costs of
production, the Commission shall take into consideration, in so
far as it finds it practicable:
(1) In the case of a domestic article.--(A) The cost
of production as hereinafter in this section defined;
(B) transportation costs and other costs incident to
delivery to the principal market or markets of the
United States for the article; and (C) other relevant
factors that constitute an advantage or disadvantage in
competition.
(2) In the case of a foreign article.--(A) The cost
of production as hereinafter in this section defined,
or, if the commission finds that such cost is not
readily ascertainable, the commission may accept as
evidence thereof, or as supplemental thereto, the
weighted average of the invoice prices or values for a
representative period and/or the average wholesale
selling price for a representative period (which price
shall be that at which the article is freely offered
for sale to all purchasers in the principal market or
markets of the principal competing country or countries
in the ordinary course of trade and in the usual
wholesale quantities in such market or markets); (B)
transportation costs and other costs incident to
delivery to the principal market or markets of the
United States for the article; (C) other relevant
factors that constitute an advantage or disadvantage in
competition, including advantages granted to the
foreign producers by a government, person, partnership,
corporation, or association in a foreign country.
(f) Modification of Changes in Duty.--Any increased or
decreased rate of duty or change in classification \29\ which
has taken effect as above provided may be modified or
terminated in the same manner and subject to the same
conditions and limitations (including time of taking effect) as
is provided in this section in the case of original increases,
decreases, or changes.
(g) Prohibition Against Transfers From the Free List to the
Dutiable List or From the Dutiable List to the Free List.--
Nothing in this section shall be construed to authorize a
transfer of an article from the dutiable list to the free list
or from the free list to the dutiable list, nor a change in
form of duty. Whenever it is provided in any paragraph of
Subtitle I of this chapter, or in any amendatory act, that the
duty or duties shall not exceed a specified ad valorem rate
upon the articles provided for in such paragraph, no rate
determined under the provisions of this section upon such
articles shall exceed the maximum ad valorem rate so specified.
(h) Definitions.--For the purpose of this section--
(1) The term ``domestic article'' means an article
wholly or in part the growth or product of the United
States; and the term ``foreign article'' means an
article wholly or in part the growth or product of a
foreign country.
(2) The term ``United States'' includes the several
States and Territories and the District of Columbia.
(3) The term ``foreign country'' means any empire,
country, dominion, colony, or protectorate, or any
subdivision or subdivisions thereof (other than the
United States and its possessions).
(4) The term ``cost of production'', when applied
with respect to either a domestic article or a foreign
article, includes, for a period which is representative
of conditions in production of the article: (A) The
price or cost of materials, labor costs, and other
direct charges incurred in the production of the
article and in the processes or methods employed in its
production; (B) the usual general expenses, including
charges for depreciation or depletion which are
representative of the equipment and property employed
in the production of the article and charges for rent
or interest which are representative of the cost of
obtaining capital or instruments of production; and (C)
the cost of containers and coverings of whatever
nature, and other costs, charges, and expenses incident
to placing the article in condition packed ready for
delivery.
(i) Rules and Regulations of President.--The President is
authorized to make all needful rules and regulations for
carrying out his functions under the provisions of this
section.
(j) * * * \35\
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\35\ Sec. 202(a)(2) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 202) struck out subsec. (j), concerning rules and
regulations of the Secretary of the Treasury, effective January 1,
1981.
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(k) Investigations Prior to June 17, 1930.--All uncompleted
investigations instituted prior to June 17, 1930, under the
provisions of sections 154-159 of this title, including
investigations in which the President has not proclaimed
changes in classification \33\ or increases or decreases in
rates of duty, shall be dismissed without prejudice; but the
information and evidence secured by the commission in any such
investigation may be given due consideration in any
investigation instituted under the provisions of this section.
SEC. 337.\36\ UNFAIR PRACTICES IN IMPORT TRADE.
(a) \37\ (1) Subject to paragraph (2), the following are
unlawful, and when found by the Commission to exist shall be
dealt with, in addition to any other provision of law, as
provided in this section:
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\36\ 19 U.S.C. 1337. Sec. 341 of the Trade Act of 1974 (Public Law
96-618; 88 Stat. 2053), amended and restated sec. 337. Sec. 1342 of
Public Law 100-418 (102 Stat. 1212) further amended the section. Public
Law 100-418 further provided:
``(2) Notwithstanding any provision of section 337 of the Tariff
Act of 1930, the United States International Trade Commission may
extend, by not more than 90 days, the period within which the
Commission is required to make a determination in an investigation
conducted under such section 337 if--
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``(A) the Commission would, but for this paragraph, be required to make
such determination before the 180th day after the date of enactment of this
Act; and
``(B) the Commission finds that the investigation is complicated.''.
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\37\ Sec. 1312 of Public Law 100-418 (102 Stat. 1184) amended and
restated subsec. (a).
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(A) Unfair methods of competition and unfair acts in
the importation of articles (other than articles
provided for in subparagraphs (B), (C), (D), and (E)
\38\ into the United States, or in the sale of such
articles by the owner, importer, or consignee, the
threat or effect of which is--
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\38\ Sec. 5005(b)(1) of Public Law 106-113 (113 Stat. 1501A-594)
struck out ``and (D)'', and inserted in lieu thereof ``(D), and (E)''.
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(i) to destroy or substantially injure an
industry in the United States;
(ii) to prevent the establishment of such an
industry; or
(iii) to restrain or monopolize trade and
commerce in the United States.
(B) The importation into the United States, the sale
for importation, or the sale within the United States
after importation by the owner, importer, or consignee,
of articles that--
(i) infringe a valid and enforceable United
States patent or a valid and enforceable United
States copyright registered under title 17,
United States Code; or
(ii) are made, produced, processed, or mined
under, or by means of, a process covered by the
claims of a valid and enforceable United States
patent.
(C) The importation into the United States, the sale
for importation, or the sale within the United States
after importation by the owner, importer, or consignee,
of articles that infringe a valid and enforceable
United States trademark registered under the Trademark
Act of 1946.
(D) The importation into the United States, the sale
for importation, or the sale within the United States
after importation by the owner, importer, or consignee,
of a semiconductor chip product in a manner that
constitutes infringement of a mask work registered
under chapter 9 of title 17, United States Code.
(E) \39\ The importation into the United States, the
sale for importation, or the sale within the United
States after importation by the owner, importer, or
consigner, of an article that constitutes infringement
of the exclusive rights in a design protected under
chapter 13 of title 17, United States Code.
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\39\ Sec. 5005(b)(1)(ii) of Public Law 106-113 (112 Stat. 1501A-
594) added subpara. (E).
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(2) Subparagraphs (B), (C), (D), and (E) \40\ of paragraph
(1) apply only if an industry in the United States, relating to
the articles protected by the patent, copyright, trademark,
mask work, or design \41\ concerned, exists or is in the
process of being established.
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\40\ Sec. 2004(d)(5) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
``and (D)'' and inserted in lieu thereof ``(D), and (E)''.
\41\ Sec. 5005(b)(1)(B) of Public Law 106-113 (113 Stat. 1501A-594)
struck out ``or mask work'' and inserted in lieu thereof ``mask work,
or design''.
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(3) For purposes of paragraph (2), an industry in the United
States shall be considered to exist if there is in the United
States, with respect to the articles protected by the patent,
copyright, trademark, mask work, or design \40\ concerned--
(A) significant investment in plant and equipment;
(B) significant employment of labor or capital; or
(C) substantial investment in its exploitation,
including engineering, research and development, or
licensing.
(4) For the purposes of this section, the phrase ``owner,
importer, or consignee'' includes any agent of the owner,
importer, or consignee.
(b) \42\ Investigations of Violations by Commission.--(1)
The Commission shall investigate any alleged violation of this
section on complaint under oath or upon its initiative. Upon
commencing any such investigation, the Commission shall publish
notice thereof in the Federal Register.\41\ The Commission
shall conclude any such investigation and make its
determination under this section at the earliest practicable
time after the date of publication of notice of such
investigation. To promote expeditious adjudication, the
Commission shall, within 45 days after an investigation is
initiated, establish a target date for its final determination.
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\42\ Sec. 321(a)(1) of Public Law 103-465 (108 Stat. 4943) struck
out ``; Time Limits'' from the subsection heading, struck out ``The
Commission shall conclude any such investigation, and make its
determination under this section, at the earliest practicable time, but
not later than one year (18 months in more complicated cases) after the
date of publication of notice of such investigation. The Commission
shall publish in the Federal Register its reasons for designating any
investigation as a more complicated investigation. For purposes of the
one-year and 18-month periods prescribed by this subsection, there
shall be excluded any period of time during which such investigation is
suspended because of proceedings in a court or agency of the United
States involving similar questions concerning the subject matter of
such investigation.'', and inserted in lieu thereof ``The Commission
shall conclude any such investigation and make its determination under
this section at the earliest practicable time after the date of
publication of notice of such investigation. To promote expeditious
adjudication, the Commission shall, within 45 days after an
investigation is initiated, establish a target date for its final
determination.''.
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(2) During the course of each investigation under this
section, the Commission shall consult with, and seek advice and
information from, the Department of Health and Human
Services,\43\ the Department of Justice, the Federal Trade
Commission, and such other departments and agencies as it
considers appropriate.
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\43\ Sec. 1342(b)(1) of Public Law 100-418 (102 Stat. 1215) struck
out ``Department of Health, Education, and Welfare'' in para. (2) and
inserted in lieu thereof ``Department of Health and Human Services'',
and struck out ``Secretary of the Treasury'' in para. (3) and inserted
in lieu thereof ``Secretary of Commerce''.
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(3) Whenever, in the course of an investigation under this
section, the Commission has reason to believe, based on
information before it, that a matter, in whole or in part,\44\
may come within the purview of subtitle B of title VII of this
Act,\45\ it shall promptly notify the Secretary of Commerce
\43\ so that such action may be taken as is otherwise
authorized by such subtitle.\46\ If the Commission has reason
to believe that the matter before it (A) is based solely on
alleged acts and effects which are within the purview of
section 701 or 731,\47\ or (B) relates to an alleged copyright
infringement with respect to which action is prohibited by
section 1008 of title 17, United States Code, the Commission
shall terminate, or not institute, any investigation into the
matter.\48\ If the Commission has reason to believe the matter
before it is based in part on alleged acts and effects which
are within the purview of section 701 \49\ or 731 of this Act,
and in part on alleged acts and effects which may,
independently from or in conjunction with those within the
purview of such section, establish a basis for relief under
this section, then it may institute or continue an
investigation into the matter. If the Commission notifies the
Secretary or the administering authority (as defined in section
771(1) of this Act) with respect to a matter under this
paragraph, the Commission may suspend its investigation during
the time the matter is before the Secretary or administering
authority for final decision.\50\ Any final decision \51\ by
the administering authority under section 701 or 731 of this
Act with respect to the matter within such section 701 or \51\
731 of which the Commission has notified the Secretary or
administering authority shall be conclusive upon the Commission
with respect to the issue of less-than-fair-value sales or
subsidization and the matters necessary for such decision.\52\
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\44\ Sec. 1105(a)(1) of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 310) added the reference to a partial or whole
matter.
\45\ Sec. 106 of the Trade Agreements Act of 1979 (Public Law 96-
39; 93 Stat. 193) struck out a reference to the Antidumping Act, 1921
(which was repealed) and inserted in lieu thereof a reference to
subtitle B of title VII of the Tariff Act of 1930. Sec.
321(a)(1)(C)(i)(I) of Public Law 103-465 (108 Stat. 4943) subsequently
struck out ``the Tariff Act of 1930'' and inserted in lieu thereof
``this Act''. Sec. 261(d)(1)(B)(ii) of Public Law 103-465 (108 Stat.
4909) struck out ``of section 303 or subtitle B of title VII of the
Tariff Act of 1930'' and inserted in lieu thereof ``of subtitle B of
title VII of this Act''.
\46\ Sec. 321(a)(1)(C)(i)(II) of Public Law 103-465 (108 Stat.
4943) struck out ``such Act'' and inserted in lieu thereof ``such
subtitle''. Sec. 20(b)(12) of Public Law 104-295 (110 Stat. 3527)
struck out ``such section and'' before ``such subtitle''.
\47\ Sec. 261(d)(1)(B)(ii)(II) of Public Law 103-465 (108 Stat.
4909) struck out ``section 303, 671, or 673'' and inserted in lieu
thereof ``section 701 or 731''.
\48\ Sec. 3(d) of the Audio Home Recording Act of 1992 (Public Law
102-563; 106 Stat. 4248) amended and restated the second sentence in
para. (3). It formerly read as follows: ``If the Commission has reason
to believe the matter before it is based solely on alleged acts and
effects which are within the purview of section 303, 701, or 731 of
this Act, it shall terminate, or not institute, any investigation into
the matter.''.
\49\ Sec. 261(d)(1)(B)(ii)(III) of Public Law 103-465 (108 Stat.
4909) struck out ``section 303, 701,'' and inserted in lieu thereof
``section 701''.
\50\ Sec. 321(a)(1)(C)(ii) of Public Law 103-465 (108 Stat. 4943)
struck out ``For purposes of computing the 1-year or 18-month periods
prescribed by this subsection, there shall be excluded such period of
suspension.'' from this point.
\51\ Sec. 261(d)(1)(B)(ii) of Public Law 103-465 (108 Stat. 4910)
struck out ``of the Secretary under section 303 of this Act or'' which
previously appeared after ``decision'', and struck out ``matter within
such section 303, 701 or'' and inserted in lieu thereof ``matter within
such section 701 or''.
\52\ Sec. 1105(a)(2) of the Trade Agreements Act of 1979 (Public
Law 96-39; 93 Stat. 310) added the last four sentences of para. (3).
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(c) Determinations; Review.--The Commission shall
determine, with respect to each investigation conducted by it
under this section, whether or not there is a violation of this
section,\53\ except that the Commission may, by issuing a
consent order or on the basis of an agreement between the
private parties to the investigation, including an agreement to
present the matter for arbitration,\54\ terminate any such
investigation, in whole or in part, without making such a
determination. Each determination under subsection (d) or (e)
shall be made on the record after notice and opportunity for a
hearing in conformity with the provisions of subchapter II of
chapter 5 of title 5, United States Code. All legal and
equitable defenses may be presented in all cases. A respondent
may raise any counterclaim in a manner prescribed by the
Commission. Immediately after a counterclaim is received by the
Commission, the respondent raising such counterclaim shall file
a notice of removal with a United States district court in
which venue for any of the counterclaims raised by the party
would exist under section 1391 of title 28, United States Code.
Any counterclaim raised pursuant to this section shall relate
back to the date of the original complaint in the proceeding
before the Commission. Action on such counterclaim shall not
delay or affect the proceeding under this section, including
the legal and equitable defenses that may be raised under this
subsection.\55\ Any person adversely affected by a final
determination of the Commission under subsection (d), (e),
(f),\56\ or (g) \56\ may appeal such determination, within 60
days after the determination becomes final,\57\ to the United
States Court of Appeals for the Federal Circuit for review in
accordance with chapter 7 of title 5, United States Code.\58\
Notwithstanding the foregoing provisions of this subsection,
Commission determinations under subsection (d), (e), (f), and
(g) with respect to its findings on the public health and
welfare, competitive conditions in the United States economy,
the production of like or directly competitive articles in the
United States, and United States consumers, the amount and
nature of bond, or the appropriate remedy shall be reviewable
in accordance with section 706 of title 5, United States
Code.\59\ Determinations by the Commission under subsections
(e), (f), and (j) with respect to forfeiture of bonds and under
subsection (h) with respect to the imposition of sanctions for
abuse of discovery or abuse of process shall also be reviewable
in accordance with section 706 of title 5, United States
Code.\60\
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\53\ Sec. 1342(a)(2) of Public Law 100-418 (102 Stat. 1213)
inserted ``except that the Commission may, by issuing a consent order
or on the basis of a settlement agreement, terminate any such
investigation, in whole or in part, without making such a
determination.''.
\54\ Sec. 321(a)(2)(A) of Public Law 103-465 (108 Stat. 4943)
struck out ``a settlement agreement'' and inserted in lieu thereof ``an
agreement between the private parties to the investigation, including
an agreement to present the matter for arbitration''.
\55\ Sec. 321(a)(2)(B) of Public Law 103-465 (108 Stat. 4944) added
``A respondent may raise any counterclaim in a manner prescribed by the
Commission. Immediately after a counterclaim is received by the
Commission, the respondent raising such counterclaim shall file a
notice of removal with a United States district court in which venue
for any of the counterclaims raised by the party would exist under
section 1391 of title 28, United States Code. Any counterclaim raised
pursuant to this section shall relate back to the date of the original
complaint in the proceeding before the Commission. Action on such
counterclaim shall not delay or affect the proceeding under this
section, including the legal and equitable defenses that may be raised
under this subsection.''.
\56\ Sec. 1105(c) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 311) added the reference to subsec. (f). Sec.
1342(b)(2) of Public Law 100-418 (102 Stat. 1215) added the reference
to subsec. (g).
\57\ Sec. 413 of Public Law 98-620 (98 Stat. 3362) inserted
``within 60 days after the determination becomes final''.
\58\ Sec. 163(a)(4) of the Federal Courts Improvement Act (Public
Law 97-164; 96 Stat. 49) struck out ``Court of Customs and Patent
Appeals'' and inserted in lieu thereof ``Court of Appeals for the
Federal Circuit''. Sec. 6041 of Public Law 96-417 (94 Stat. 1744)
inserted ``for review in accordance with chapter 7 of title 5, United
States Code''.
\59\ Sec. 321(a)(2)(C) of Public Law 103-465 (108 Stat. 4944) added
``Determinations by the Commission under subsections (e), (f), and (j)
with respect to forfeiture of bonds and under subsection (h) with
respect to the imposition of sanctions for abuse of discovery or abuse
of process shall also be reviewable in accordance with section 706 of
title 5, United States Code.''.
\60\ Sec. 604(2) of Public Law 96-417 (94 Stat. 1744) substituted
this sentence in lieu of previous text which read as follows: ``Such
Court shall have jurisdiction to review such determination in the same
manner and subject to the same limitations and conditions as in the
case of appeals from decisions of the United States Customs Court.''.
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(d) Exclusion of Articles From Entry.--(1) \61\ If the
Commission determines, as a result of an investigation under
this section, that there is a violation \62\ of this section,
it shall direct that the articles concerned, imported by any
person violating the provision of this section, be excluded
from entry into the United States, unless, after considering
the effect of such exclusion upon the public health and
welfare, competitive conditions in the United States economy,
the production of like or directly competitive articles in the
United States, and United States consumers, it finds that such
articles should not be excluded from entry. The Commission
shall notify the Secretary of the Treasury of its action under
this subsection directing such exclusion from entry, and upon
receipt of such notice, the Secretary shall, through the proper
officers, refuse such entry.
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\61\ Sec. 321(a)(5)(A)(i) of Public Law 103-465 (108 Stat. 4944)
inserted the paragraph designation ``(1)''.
\62\ Sec. 321(a)(5)(A)(ii) of Public Law 103-465 (108 Stat. 4944)
struck out ``there is violation'' and inserted in lieu thereof ``there
is a violation''.
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(2) \63\ The authority of the Commission to order an
exclusion from entry of articles shall be limited to persons
determined by the Commission to be violating this section
unless the Commission determines that--
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\63\ Sec. 321(a)(5)(A)(iii) of Public Law 103-465 (108 Stat. 4944)
added para. (2).
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(A) a general exclusion from entry of articles is
necessary to prevent circumvention of an exclusion
order limited to products of named persons; or
(B) there is a pattern of violation of this section
and it is difficult to identify the source of
infringing products.
(e) Exclusion of Articles From Entry During Investigation
Except Under Bond.--(1) \64\ If, during the course of an
investigation under this section, the Commission determines
that there is reason to believe that there is a violation of
this section, it may direct that the articles concerned,
imported by any person with respect to whom there is reason to
believe that such person is violating this section, be excluded
from entry into the United States, unless after considering the
effect of such exclusion upon the public health and welfare,
competitive conditions in the United States economy, the
production of like or directly competitive articles in the
United States, and United States consumers, it finds that such
articles should not be excluded from entry. The Commission
shall notify the Secretary of the Treasury of its action under
this subsection directing such exclusion from entry, and upon
receipt of such notice, the Secretary shall, through the proper
officers, refuse such entry, except that such articles shall be
entitled to entry under bond prescribed by the Secretary in an
amount determined by the Commission to be sufficient to protect
the complainant from any injury. If the Commission later
determines that the respondent has violated the provisions of
this section, the bond may be forfeited to the complainant.\65\
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\64\ Sec. 1342(a)(3) of Public Law 100-418 (102 Stat. 1213) amended
subsec. (e) by inserting ``(1)'' in the first sentence and added new
paras. (2) and (3).
\65\ Sec. 321(a)(3)(A) of Public Law 103-463 (108 Stat. 4944)
struck out ``determined by the Commission and prescribed by the
Secretary.'' and inserted in lieu thereof ``prescribed by the Secretary
in an amount determined by the Commission to be sufficient to protect
the complainant from any injury. If the Commission later determines
that the respondent has violated the provisions of this section, the
bond may be forfeited to the complainant.''.
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(2) \64\ A complainant may petition the Commission for the
issuance of an order under this subsection. The Commission
shall make a determination with regard to such petition by no
later than the 90th day after the date on which the
Commission's notice of investigation is published in the
Federal Register. The Commission may extend the 90-day period
for an additional 60 days in a case it designates as a more
complicated case. The Commission shall publish in the Federal
Register its reasons why it designated the case as being more
complicated. The Commission may require the complainant to post
a bond \66\ as a prerequisite to the issuance of an order under
this subsection. If the Commission later determines that the
respondent has not violated the provisions of this section, the
bond may be forfeited to the respondent.\67\
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\66\ Sec. 1342(d) of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 102 Stat. 1216) further provided:
``(B) The United States International Trade Commission is not
required to apply the provision in section 337(e)(2) of the Tariff Act
of 1930 (as amended by subsection (a)(3) of this section) relating to
the posting of bonds until the earlier of--
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``(i) the 90th day after such date of enactment; or
``(ii) the day on which the Commission issues interim regulations setting
forth the procedures relating to such posting.''.
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\67\ Sec. 321(a)(3)(B) of Public Law 103-463 (108 Stat. 4944)
inserted ``If the Commission later determines that the respondent has
not violated the provisions of this section, the bond may be forfeited
to the respondent.'' at the end of para. (2).
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(3) \64\ The Commission may grant preliminary relief under
this subsection or subsection (f) to the same extent as
preliminary injunctions and temporary restraining orders may be
granted under the Federal Rules of Civil Procedure.
(4) \68\ The Commission shall prescribe the terms and
conditions under which bonds may be forfeited under paragraphs
(1) and (2).
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\68\ Sec. 321(a)(3)(C) of Public Law 103-463 (108 Stat. 4944) added
para. (4).
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(f)(1) \69\ Cease and Desist Orders.--In addition to, or in
lieu of,\70\ taking action under subsection (d) or (e), the
Commission may issue and cause to be served on any person
violating this section, or believed to be violating this
section, as the case may be, an order directing such person to
cease and desist from engaging in the unfair methods or acts
involved, unless after considering the effect of such order
upon the public health and welfare, competitive conditions in
the United States economy, the production of like or directly
competitive articles in the United States, and United States
consumers, it finds that such order should not be issued. The
Commission may at any time, upon such notice and in such manner
as it deems proper, modify or revoke any such order, and, in
the case of a revocation, may take action under subsection (d)
or (e), as the case may be.\71\ If a temporary cease and desist
order is issued in addition to, or in lieu of, an exclusion
order under subsection (e), the Commission may require the
complainant to post a bond, in an amount determined by the
Commission to be sufficient to protect the respondent from any
injury, as a prerequisite to the issuance of an order under
this subsection. If the Commission later determines that the
respondent has not violated the provisions of this section, the
bond may be forfeited to the respondent. The Commission shall
prescribe the terms and conditions under which the bonds may be
forfeited under this paragraph.
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\69\ Sec. 1105(b) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 310) inserted the paragraph designation ``(1)'' and a
new para. (2).
\70\ Sec. 1342(a)(4)(A) of Public Law 100-418 (102 Stat. 1213)
struck out ``In lieu of'' in para. (1) and inserted in lieu thereof
``In addition to, or in lieu of,''.
\71\ Sec. 321(a)(4) of Public Law 103-465 (108 Stat. 4944) added
text to end of subsec. (f)(1) from this point.
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(2) \69\ Any person who violates an order issued by the
Commission under paragraph (1) after it has become final shall
forfeit and pay to the United States a civil penalty for each
day on which an importation of articles, or their sale, occurs
in violation of the order of not more than the greater of
$100,000 or twice \72\ the domestic value of the articles
entered or sold on such day in violation of the order. Such
penalty shall accrue to the United States and may be recovered
for the United States in a civil action brought by the
Commission in the Federal District Court for the District of
Columbia or for the district in which the violation occurs. In
such actions, the United States district courts may issue
mandatory injunctions incorporating the relief sought by the
Commission as they deem appropriate in the enforcement of such
final orders of the Commission.
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\72\ Sec. 1342(a)(4)(B) of Public Law 100-418 (102 Stat. 1213)
struck out ``$10,000 or'' and inserted in lieu thereof ``$100,000 or
twice''.
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(g) \73\ (1) If--
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\73\ Sec. 1342(a)(5)(A) of Public Law 100-418 (102 Stat. 1213)
redesignated subsecs. (g), (h), (i), and (j) as subsecs. (j), (k), (l),
and (m), respectively, and inserted a new subsec. (g).
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(A) a complaint is filed against a person under this
section;
(B) the complaint and a notice of investigation are
served on the person;
(C) the person fails to respond to the complaint and
notice or otherwise fails to appear to answer the
complaint and notice;
(D) the person fails to show good cause why the
person should not be found in default; and
(E) the complainant seeks relief limited solely to
that person;
the Commission shall presume the facts alleged in the complaint
to be true and shall, upon request, issue an exclusion from
entry or a cease and desist order, or both, limited to that
person unless, after considering the effect of such exclusion
or order upon the public health and welfare, competitive
conditions in the United States economy, the production of like
or directly competitive articles in the United States, and
United States consumers, the Commission finds that such
exclusion or order should not be issued.
(2) In addition to the authority of the Commission to issue a
general exclusion from entry of articles when a respondent
appears to contest an investigation concerning a violation of
the provisions of the section, a general exclusion from entry
of articles, regardless of the source or importer of the
articles, may be issued if--
(A) no person appears to contest an investigation
concerning a violation of the provisions of this
section,\74\
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\74\ Sec. 321(a)(5)(B) of Public Law 103-465 (108 Stat. 4945)
struck out ``and'' at the end of para. (A), replaced the period at the
end of para. (B) with ``, and'', and added a new para. (C).
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(B) such a violation is established by substantial,
reliable, and probative evidence, and \74\
(C) \74\ the requirements of subsection (d)(2) are
met.
(h) \73\ The Commission may by rule prescribe sanctions for
abuse of discovery and abuse of process to the extent
authorized by Rule 11 and Rule 37 of the Federal Rules of Civil
Procedure.
(i) \73\ Forfeiture.--
(1) In addition to taking action under subsection
(d), the Commission may issue an order providing that
any article imported in violation of the provisions of
this section be seized and forfeited to the United
States if--
(A) the owner, importer, or consignee of the
article previously attempted to import the
article into the United States;
(B) the article was previously denied entry
into the United States by reason of an order
issued under subsection (d); and
(C) upon such previous denial of entry, the
Secretary of the Treasury provided the owner,
importer, or consignee of the article written
notice of--
(i) such order, and
(ii) the seizure and forfeiture that
would result from any further attempt
to import the article into the United
States.
(2) The Commission shall notify the Secretary of the
Treasury of any order issued under this subsection and,
upon receipt of such notice, the Secretary of the
Treasury shall enforce such order in accordance with
the provisions of this section.
(3) Upon the attempted entry of articles subject to
an order issued under this subsection, the Secretary of
the Treasury shall immediately notify all ports of
entry of the attempted importation and shall identify
the persons notified under paragraph (1)(C).
(4) The Secretary of the Treasury shall provide--
(A) the written notice described in paragraph
(1)(C) to the owner, importer, or consignee of
any article that is denied entry into the
United States by reason of an order issued
under subsection (d); and
(B) a copy of such written notice to the
Commission.
(j) \73\ Referrals to the President.--(1) If the Commission
determines that there is a violation of this section, or that,
for purposes of subsection (e), there is reason to believe that
there is such a violation, it shall--
(A) publish such determination in the Federal
Register, and
(B) transmit to the President a copy of such
determination and the action taken under subsection
(d), (e), (f), (g), or (i),\75\ with respect thereto,
together with the record upon which such determination
is based.
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\75\ Sec. 1342(b)(3) of Public Law 100-418 (102 Stat. 1215) added
the reference to subsecs. (g) or (i).
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(2) If, before the close of the 60-day period beginning on
the day after the day on which he receives a copy of such
determination, the President, for policy reasons, disapproves
such determination and notifies the Commission of his
disapproval, then, effective on the date of such notice, such
determination and the action taken under subsection (d), (e),
(f), (g), or (i),\75\ with respect thereto shall have no force
or effect.
(3) Subject to the provisions of paragraph (2), such
determination shall, except for purposes of subsection (c), be
effective upon publication thereof in the Federal Register, and
the action taken under subsection (d), (e), (f) (g), or
(i),\75\ with respect thereto shall be effective as provided in
such subsections, except that articles directed to be excluded
from entry under subsection (d) or subject to a cease and
desist order under subsection (f) shall, until such
determination becomes final, be entitled to entry under bond
prescribed by the Secretary in an amount determined by the
Commission to be sufficient to protect the complainant from any
injury. If the determination becomes final, the bond may be
forfeited to the complainant. The Commission shall prescribe
the terms and conditions under which bonds may be forfeited
under this paragraph.\76\
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\76\ Sec. 321(a)(6) of Public Law 103-465 (108 Stat. 4945) struck
out ``shall be entitled to entry under bond determined by the
Commission and prescribed by the Secretary until such determination
becomes final.'' and inserted in lieu thereof ``shall, until such
determination becomes final, be entitled to entry under bond prescribed
by the Secretary in an amount determined by the Commission to be
sufficient to protect the complainant from any injury. If the
determination becomes final, the bond may be forfeited to the
complainant. The Commission shall prescribe the terms and conditions
under which bonds may be forfeited under this paragraph.''.
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(4) If the President does not approve such determination
within such 60-day period, or if he notifies the Commission
before the close of such period that he approves such
determination, then, for purposes of paragraph (3) and
subsection (c) such determination shall become final on the day
after the close of such period or the day on which the
President notifies the Commission of his approval, as the case
may be.
(k) \73\ Period of Effectiveness.--(1) \77\ Except as
provided in subsections (f) and (j),\77\ any exclusion from
entry or order under this section shall continue in effect
until the Commission finds, and in the case of exclusion from
entry, notifies the Secretary of the Treasury, that the
conditions which led to such exclusion from entry or order no
longer exists.
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\77\ Sec. 1342(a)(6) of Public Law 100-418 (102 Stat. 1214)
inserted ``(1)'' before the first sentence and added new para. (2).
Sec. 1341(b)(4) of that Act added the reference to subsec. (j).
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(2) \77\ If any person who has previously been found by the
Commission to be in violation of this section petitions the
Commission for a determination that the petitioner is no longer
in violation of this section or for a modification or
rescission of an exclusion from entry or order under subsection
(d), (e), (f), (g), or (i)--
(A) the burden of proof in any proceeding before the
Commission regarding such petition shall be on the
petitioner; and
(B) relief may be granted by the Commission with
respect to such petition--
(i) on the basis of new evidence or evidence
that could not have been presented at the prior
proceeding, or
(ii) on grounds which would permit relief
from a judgment or order under the Federal
Rules of Civil Procedure.
(l) \73\ Importation by or for the United States.--Any
exclusion from entry or order under subsection (d), (e), (f),
(g), or (i) \78\ in cases based on a proceeding involving a
patent, copyright, mask work, or design under subsection
(a)(1),\79\ shall not apply to any articles imported by and for
the use of the United States, or imported for, and to be used
for, the United States with the authorization or consent of the
Government. Whenever any article would have been excluded from
entry or would not have been entered pursuant to the provisions
of such subsections but for the operation of this subsection,
an owner of the patent, copyright, mask work, or design \79\
adversely affected shall be entitled to reasonable and entire
compensation in an action before the United States Court of
Federal Claims \80\ pursuant to the procedures of section 1498
of title 28, United States Code.
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\78\ Sec. 1342(b)(5) of Public Law 100-418 (102 Stat. 1215) struck
out ``or (f)'' and inserted in lieu thereof ``(f), (g), or (i)''.
\79\ Sec. 1342(a)(7) of Public Law 100-418 (102 Stat. 1215) struck
out ``claims of United States letters patent'' in the first sentence
and inserted in lieu thereof ``a proceeding involving a patent,
copyright, or mask work under subsection (a)(1)''. Sec. 1342(b)(2) of
the Act struck out ``a patent owner'' in the second sentence and
inserted in lieu thereof ``an owner of the patent, copyright, or mask
work''. Sec. 5005(b)(2) of Public Law 106-113 (113 Stat. 1501A-594)
further amended subsec. (l) by striking ``or mask work'' each place it
appeared and inserting in lieu thereof ``mask work, or design''.
\80\ Sec. 160(a)(5) of the Federal Courts Improvement Act (Public
Law 97-164; 96 Stat. 49) struck out a reference to the Court of Claims
and inserted in lieu thereof a reference to the United States Claims
Court. Sec. 902(b) of the Federal Courts Administration Act of 1992
(Public Law 102-572; 106 Stat. 4516) subsequently provided that any
reference in Federal law to the ``United States Claims Court'' shall be
deemed to refer to the ``United States Court of Federal Claims''. Sec.
321(a)(8) of Public Law 103-465 (108 Stat. 4945) struck out ``Claims
Court'' and inserted in lieu thereof ``Court of Federal Claims''.
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(m) \73\ Definition of United States.--For purposes of this
section and sections 338 and 340, the term ``United States''
means the customs territory of the United States as defined in
general headnote 2 of the Tariff Schedules of the United
States.
(n) \81\ (1) Information submitted to the Commission or
exchanged among the parties in connection with proceedings
under this section which is properly designated as confidential
pursuant to Commission rules may not be disclosed (except under
a protective order issued under regulations of the Commission
which authorizes limited disclosure of such information) to any
person (other than a person described in paragraph (2)) without
the consent of the person submitting it.
---------------------------------------------------------------------------
\81\ Sec. 1342(a)(8) of Public Law 100-418 (102 Stat. 1215) added
subsec. (n).
---------------------------------------------------------------------------
(2) Notwithstanding the prohibition contained in paragraph
(1), information referred to in that paragraph may be disclosed
to--
(A) \82\ an officer or employee of the Commission who
is directly concerned with--
---------------------------------------------------------------------------
\82\ Sec. 321(a)(7)(A) of Public Law 103-465 (108 Stat. 4945)
amended and restated subpara. (A).
---------------------------------------------------------------------------
(i) carrying out the investigation or related
proceeding in connection with which the
information is submitted,
(ii) the administration of a bond posted
pursuant to subsection (e), (f), or (j),
(iii) the administration or enforcement of an
exclusion order issued pursuant to subsection
(d), (e), or (g), a cease and desist order
issued pursuant to subsection (f), or a consent
order issued pursuant to subsection (c),
(iv) proceedings for the modification or
rescission of a temporary or permanent order
issued under subsection (d), (e), (f), (g), or
(i), or a consent order issued under this
section, or
(v) maintaining the administrative record of
the investigation or related proceeding,
(B) an officer or employee of the United States
Government who is directly involved in the review under
subsection (j),\83\ or
---------------------------------------------------------------------------
\83\ Sec. 9001(a)(12) of the Technical and Miscellaneous Revenue
Act of 1988 (Public Law 100-647; 102 Stat. 3342) struck out ``(h)'' and
inserted in lieu thereof ``(j)''.
---------------------------------------------------------------------------
(C) \84\ an officer or employee of the United States
Customs Service who is directly involved in
administering an exclusion from entry under subsection
(d), (e), or (g) resulting from the investigation or
related proceeding in connection with which the
information is submitted.
---------------------------------------------------------------------------
\84\ Sec. 321(a)(7)(B) of Public Law 103-465 (108 Stat. 4945)
amended and restated subpara. (C).
---------------------------------------------------------------------------
SEC. 338.\85\ DISCRIMINATION BY FOREIGN COUNTRIES.
(a) Additional Duties.--The President when he finds that
the public interest will be served thereby shall by
proclamation specify and declare new or additional duties as
hereinafter provided upon articles wholly or in part the growth
or product of, or imported in a vessel of, any foreign country
whenever he shall find as a fact that such country--
---------------------------------------------------------------------------
\85\ 19 U.S.C. 1338.
---------------------------------------------------------------------------
(1) Imposes, directly or indirectly, upon the
disposition in or transportation in transit through or
reexportation from such country of any article wholly
or in part the growth or product of the United States
any unreasonable charge, exaction, regulation, or
limitation which is not equally enforced upon the like
article of every foreign country; or
(2) Discriminates in fact against the commerce of the
United States, directly or indirectly, by law or
administrative regulation or practice, by or in respect
to any customs, tonnage, or port duty, fee, charge,
exaction, classification, regulation, condition,
restriction, or prohibition, in such manner as to place
the commerce of the United States at a disadvantage
compared with the commerce of any foreign country.
(b) Exclusion From Importation.--If at any time the
President shall find it to be a fact that any foreign country
has not only discriminated against the commerce of the United
States, as aforesaid, but has, after the issuance of a
proclamation as authorized subdivision (a) of this section,
maintained or increased its said discriminations against the
commerce of the United States, the President is hereby
authorized, if he deems it consistent with the interests of the
United States, to issue a further proclamation directing that
such products of said country or such articles imported in its
vessels as he shall deem consistent with the public interests
shall be excluded from importation into the United States.
(c) Application of Proclamation.--Any proclamation issued
by the President under the authority of this section shall, if
he deems it consistent with the interests of the United States,
extend to the whole of any foreign country or may be confined
to any subdivision or subdivisions thereof; and the President
shall, whenever he deems the public interests require, suspend,
revoke, supplement, or amend any such proclamation.
(d) Duties To Offset Commercial Disadvantages.--Whenever
the President shall find as a fact that any foreign country
places any burden or disadvantage upon the commerce of the
United States by any of the unequal impositions or
discriminations aforesaid, he shall, when he finds that the
public interest will be served thereby, by proclamation specify
and declare such new or additional rate or rates of duty as he
shall determine will offset such burden or disadvantage, not to
exceed 50 per centum ad valorem or its equivalent, on any
products, or on articles imported in a vessel of, such foreign
country; and thirty days after the date of such proclamation
there shall be levied, collected, and paid upon the articles
enumerated in such proclamation when imported into the United
States from such foreign country such new or additional rate or
rates of duty; or, in case of articles declared subject to
exclusion from importation into the United States under the
provisions of subdivision (b) of this section, such articles
shall be excluded from importation.
(e) Duties To Offset Benefits to Third Country.--Whenever
the President shall find as a fact that any foreign country
imposes any unequal imposition or discrimination as aforesaid
upon the commerce of the United States, or that any benefits
accrue or are likely to accrue to any industry in any foreign
country by reason of any such imposition or discrimination
imposed by any foreign country other than the foreign country
in which such industry is located, and whenever the President
shall determine that any new or additional rate or rates of
duty or any prohibition hereinbefore provided for do not
effectively remove such imposition or discrimination and that
any benefits from any such imposition or discrimination accrue
or are likely to accrue to any industry in any foreign country,
he shall, when he finds that the public interest will be served
thereby, by proclamation specify and declare such new or
additional rate of rates of duty upon the articles wholly or in
part the growth or product of any such industry as he shall
determine will offset such benefits, not to exceed 50 per
centum ad valorem or its equivalent, upon importation from any
foreign country into the United States of such articles; and on
and after thirty days after the date of any such proclamation
such new or additional rate or rates of duty so specified and
declared in such proclamation shall be levied, collected, and
paid upon such articles.
(f) Forfeiture of Articles.--All articles imported contrary
to the provisions of this section shall be forfeited to the
United States and shall be liable to be seized, prosecuted, and
condemned in like manner and under the same regulations,
restrictions, and provisions as may from time to time be
established for the recover, collection, distribution, and
remission of forfeitures to the United States by the several
revenue laws. Whenever the provisions of this Act shall be
applicable to importations into the United States of articles
wholly or in part the growth or product of any foreign country,
they shall be applicable thereto whether such articles are
imported directly or indirectly.
(g) Ascertainment by Commission of Discriminations.--It
shall be the duty of the commission to ascertain and at all
times to be informed whether any of the discriminations against
the commerce of the United States enumerated in subdivisions
(a), (b), and (e) of this section are practiced by any country;
and if and when such discriminatory acts are disclosed, it
shall be the duty of the commission to bring the matter to the
attention of the President, together with recommendations.
(h) Rules and Regulations of Secretary of Treasury.--The
Secretary of the Treasury with the approval of the President
shall make such rules and regulations as are necessary for the
execution of such proclamations as the President may issue in
accordance with the provisions of this section.
(i) Definition.--When used in this section, the term
``foreign country'' means any empire, country, dominion, colony
or protectorate, or any subdivision or subdivisions thereof
(other than the United States and its possessions), within
which separate tariff rates or separate regulations of commerce
are enforced.
* * * * * * *
SEC. 339.\86\ TRADE REMEDY ASSISTANCE OFFICE.
(a) There is established in the Commission a separate
office to be known as the Trade \87\ Remedy Assistance Office
which shall provide full information to the public, upon
request and shall, to the extent feasible, provide assistance
and advice to interested parties concerning--
---------------------------------------------------------------------------
\86\ 19 U.S.C. 1339. Sec. 221 of Public Law 98-573 (98 Stat. 2989)
added sec. 339.
\87\ Sec. 1614(1) of Public Law 100-418 (102 Stat. 1263) inserted
``a separate office to be known as the Trade'', struck out ``upon
request, concerning--'', and inserted in lieu thereof ``upon request
and shall, to the extent feasible, provide assistance and advice to
interested parties concerning--''.
---------------------------------------------------------------------------
(1) remedies and benefits available under the trade
laws, and
(2) the petition and application procedures, and the
appropriate filing dates, with respect to such remedies
and benefits.
(b) \88\ The Trade Remedy Assistance Office, in coordination
with each agency responsible for administering a trade law,
shall provide technical and legal assistance and advice to
eligible small businesses to enable them--
---------------------------------------------------------------------------
\88\ Sec. 1614(2) of Public Law 100-418 (102 Stat. 1263) amended
and restated subsec. (b).
---------------------------------------------------------------------------
(1) to prepare and file petitions and applications
(other than those which, in the opinion of the Office,
are frivolous); and
(2) to seek to obtain the remedies and benefits
available under the trade laws, including any
administrative review or administrative appeal
thereunder.
(c) For purposes of this section--
(1) The term ``eligible small business'' means any
business concern which, in the agency's judgment, due
to its small size, has neither adequate internal
resources nor financial ability to obtain qualified
outside assistance in preparing and filing petitions
and applications for remedies and benefits under trade
laws. In determining whether a business concern is an
``eligible small business'', the agency may consult
with the Small Business Administration, and shall
consult with any other agency that has provided
assistance under subsection (b) to that business
concern. An agency decision regarding whether a
business concern is an eligible small business for
purposes of this section is not reviewable by any other
agency or by any court.
(2) The term ``trade laws'' means--
(A) chapter 1 of title II of the Trade Act of
1974 (19 U.S.C. 2251 et seq., relating to
injury \89\ caused by import competition);
---------------------------------------------------------------------------
\89\ Sec. 1888 of Public Law 99-514 (100 Stat. 2924) struck out
``relief'' and inserted in lieu thereof ``injury''.
---------------------------------------------------------------------------
(B) chapters 2 and 3 of such title II
(relating to adjustment assistance for workers
and firms);
(C) chapter 1 of title III of the Trade Act
of 1974 (19 U.S.C. 2411 et seq., relating to
relief from foreign import restrictions and
export subsidies);
(D) title VII of the Tariff Act of 1930 (19
U.S.C. 1671 et seq., relating to the imposition
of countervailing duties and antidumping
duties);
(E) section 232 of the Trade Expansion Act of
1962 (19 U.S.C. 1862, relating to the
safeguarding of national security); and
(F) section 337 of the Tariff Act of 1930 (19
U.S.C. 1337, relating to unfair practices in
import trade.
* * * * * * *
Part III--Promotion of Foreign Trade
SEC. 350.\90\ FOREIGN TRADE AGREEMENTS.
(a) Authority of President; Modification and Decrease of
Duties; Altering Import Restrictions.--(1) For the purpose of
expanding foreign markets for the products of the United States
(as a means of assisting in establishing and maintaining a
better relationship among various branches of American
agriculture, industry, mining, and commerce) by regulating the
admission of foreign goods into the United States in accordance
with the characteristics and needs of various branches of
American production so that foreign markets will be made
available to those branches of American production which
require and are capable of developing such outlets by affording
corresponding market opportunities for foreign products in the
United States, the President, whenever he finds as a fact that
any existing duties or other import restrictions of the United
States or any foreign country are unduly burdening and
restricting the foreign trade of the United States and that the
purpose above declared will be promoted by the means
hereinafter specified, is authorized from time to time--
---------------------------------------------------------------------------
\90\ 19 U.S.C. 1351. Sec. 1, 48 Stat. 943, added sec. 350. It has
been amended at 57 Stat. 125, 59 Stat. 410, 63 Stat. 698, 69 Stat. 162,
72 Stat. 673, 76 Stat. 881, and 93 Stat. 202.
---------------------------------------------------------------------------
(A) To enter into foreign trade agreements with
foreign governments or instrumentalities thereof:
Provided, That the enactment of the Trade Agreements
Extension Act of 1955 shall not be construed to
determine or indicate the approval or disapproval by
the Congress of the executive agreement known as the
General Agreement on Tariffs and Trade.
(B) To proclaim such modifications of existing duties
and other import restrictions, or such additional
import restrictions, or such continuance, and for such
minimum periods, of existing customs or excise
treatment of any article covered by foreign trade
agreements, as are required or appropriate to carry out
any foreign trade agreement that the President has
entered into hereunder.
(2) No proclamation pursuant to paragraph (1)(B) of this
subsection shall be made--
(A) Increasing by more than 50 per centum any rate of
duty existing on July 1, 1934; except that a specific
rate of duty existing on July 1, 1934, may be converted
to its ad valorem equivalent based on the value of
imports of the article concerned during the calendar
year 1934 (determined in the same manner as provided in
subparagraph (D)(ii)) and the proclamation may provide
an ad valorem rate of duty not in excess of 50 per
centum above such ad valorem equivalent.
(B) Transferring any article between the dutiable and
free lists.
(C) In order to carry out a foreign trade agreement
entered into by the President before June 12, 1955, or
with respect to which notice of intention to negotiate
was published in the Federal Register on November 16,
1954, decreasing by more than 50 per centum any rate of
duty existing on January 1, 1945.
(D) In order to carry out a foreign trade agreement
entered into by the President on or after June 12,
1955, and before July 1, 1958, decreasing (except as
provided in subparagraph (C) of this paragraph) any
rate of duty below the lowest of the following rates:
(i) The rate 15 per centum below the rate
existing on January 1, 1955.
(ii) In the case of any article subject to an
ad valorem rate of duty above 50 per centum (or
a combination of ad valorem rates aggregating
more than 50 per centum), the rate 50 per
centum ad valorem (or a combination of ad
valorem rates aggregating 50 per centum). In
the case of any article subject to a specific
rate of duty (or a combination of rates
including a specific rate) the ad valorem
equivalent of which has been determined by the
President to have been above 50 per centum
during a period determined by the President to
be a representative period, the rate 50 per
centum ad valorem or the rate (or a combination
of rates), however stated, the ad valorem
equivalent of which the President determines
would have been 50 per centum during such
period. The standards of valuation contained in
section 402 of this Act (as in effect, with
respect to the article concerned, during the
representative period) shall be utilized by the
President, to the maximum extent he finds such
utilization practicable, in making the
determinations under the preceding sentence.
(E) In order to carry out a foreign trade agreement
entered into by the President on or after July 1, 1958,
decreasing any rate of duty below the lowest of the
rates provided for in paragraph (4)(A) of this
subsection.
(3)(A) Subject to the provisions of subparagraphs (B) and
(C) of this paragraph and of subparagraph (B) of paragraph (4)
of this subsection, the provisions of any proclamation made
under paragraph (1)(B) of this subsection, and the provisions
of any proclamation of suspension under paragraph (5) of this
subsection, shall be in effect from and after such time as is
specified in the proclamation.
(B) In the case of any decrease in duty to which paragraph
(2)(D) of this subsection applies--
(i) if the total amount of the decrease under the
foreign trade agreement does not exceed 15 per centum
of the rate existing on January 1, 1955, the amount of
decrease becoming initially effective at one time shall
not exceed 5 per centum of the rate existing on January
1, 1955;
(ii) except as provided in clause (i), not more than
one-third of the total amount of the decrease under the
foreign trade agreement shall become initially
effective at one time; and
(iii) no part of the decrease after the first part
shall become initially effective until the immediately
previous part shall have been in effect for a period or
periods aggregating not less than one year.
(C) No part of any decrease in duty to which the
alternative specified in paragraph (2)(D)(i) of this subsection
applies shall become initially effective after the expiration
of the three-year period which begins on July 1, 1955. If any
part of such decrease has become effective, then for purposes
of this subparagraph any time thereafter during which such part
of the decrease is not in effect by reason of legislation of
the United States or action thereunder shall be excluded in
determining when the three-year period expires.
(D) If (in order to carry out a foreign trade agreement
entered into by the President on or after June 12, 1955) the
President determines that such action will simplify the
computation of the amount of duty imposed with respect to an
article, he may exceed any limitation specified in paragraph
(2) (C) or (D) or paragraph (4) (A) or (B) of this subsection
or subparagraph (B) of this paragraph by not more than
whichever of the following is lesser:
(i) The difference between the limitation and the
next lower whole number, or
(ii) One-half of 1 per centum ad valorem.
In the case of a specific rate (or of a combination of rates
which includes a specific rate), the one-half of 1 per centum
specified in clause (ii) of the preceding sentence shall be
determined in the same manner as the ad valorem equivalent of
rates not stated wholly in ad valorem terms is determined for
the purposes of paragraph (2)(D)(ii) of this subsection.
(4)(A) No proclamation pursuant to paragraph (1)(B) of this
subsection shall be made, in order to carry out a foreign trade
agreement entered into by the President on or after July 1,
1958, decreasing any rate of duty below the lowest of the
following rates:
(i) The rate which would result from decreasing the
rate existing on July 1, 1958, by 20 per centum of such
rate.
(ii) Subject to paragraph (2)(B) of this subsection,
the rate 2 per centum ad valorem below the rate
existing on July 1, 1958.
(iii) The rate 50 per centum ad valorem or, in the
case of any article subject to a specific rate of duty
or to a combination of rates including a specific rate,
any rate (or combination of rates), however stated, the
ad valorem equivalent of which has been determined as
50 per centum ad valorem.
The provisions of clauses (ii) and (iii) of this subparagraph
and of subparagraph (B)(ii) of this paragraph shall, in the
case of any article, subject to a combination of ad valorem
rates of duty, apply to the aggregate of such rates; and, in
the case of any article, subject to a specific rate of duty or
to a combination of rates including a specific rate, such
provisions shall apply on the basis of the ad valorem
equivalent of such rate or rates, during a representative
period (whether or not such period includes July 1, 1958),
determined in the same manner as the ad valorem equivalent of
rates not stated wholly in ad valorem terms is determined for
the purpose of paragraph (2)(D)(ii) of this subsection.
(B)(i) In the case of any decrease in duty to which clause
(i) of subparagraph (A) of this paragraph applies, such
decrease shall become initially effective in not more than four
annual stages, and no amount of decrease becoming initially
effective at one time shall exceed 10 per centum of the rate of
duty existing on July 1, 1958, or, in any case in which the
rate has been increased since that date, exceed such 10 per
centum or one-third of the total amount of the decrease under
the foreign trade agreement, whichever is the greater.
(ii) In the case of any decrease in duty to which clause
(ii) of subparagraph (A) of this paragraph applies, such
decrease shall become initially effective in not more than four
annual stages, and no amount of decrease becoming initially
effective at one time shall exceed 1 per centum ad valorem or,
in any case in which the rate has been increased since July 1,
1958, exceed such 1 per centum or one-third of the total amount
of the decrease under the foreign trade agreement, whichever is
the greater.
(iii) In the case of any decrease in duty to which clause
(iii) of subparagraph (A) of this paragraph applies, such
decrease shall become initially effective in not more than four
annual stages, and no amount of decrease becoming initially
effective at one time shall exceed one-third of the total
amount of the decrease under the foreign trade agreement.
(C) In the case of any decrease in duty to which
subparagraph (A) of this paragraph applies (i) no part of a
decrease after the first part shall become initially effective
until the immediately previous part shall have been in effect
for a period or periods aggregating not less than one year, nor
after the first part shall have been in effect for a period or
periods aggregating more than three years, and (ii) no part of
a decrease shall become initially effective after the
expiration of the four-year period which begins on July 1,
1962. If any part of a decrease has become effective, then for
the purposes of clauses (i) and (ii) of the preceding sentence
any time thereafter during which such part of the decrease is
not in effect by reason of legislation of the United States or
action thereunder shall be excluded in determining when the
three-year period or the four-year period, as the case may be,
expires.
(5) \91\ * * * [Repealed--1962]
---------------------------------------------------------------------------
\91\ Sec. 257(b) of Public Law 87-794 (76 Stat. 882) repealed para.
(5).
---------------------------------------------------------------------------
(6) The President may at any time terminate, in whole or in
part, any proclamation made pursuant to this section.
(b) \92\ Cuba; Preferential Customs Treatment: Decrease of
Rates.--Nothing in this section or the Trade Expansion Act of
1962 shall be construed to prevent the application, with
respect to rates of duty established under this section or the
Trade Expansion Act of 1962 pursuant to agreements with
countries other than Cuba, of the provisions of the treaty of
commercial reciprocity concluded between the United States and
the Republic of Cuba on December 11, 1902, or to preclude
giving effect to an agreement with Cuba concluded under this
section, or the Trade Expansion Act of 1962, modifying the
existing preferential customs treatment of any article the
growth, produce, or manufacture of Cuba. Nothing in this
chapter or the Trade Expansion Act of 1962 shall be construed
to preclude the application to any product of Cuba (including
products preferentially free of duty) of a rate of not higher
than the rate applicable to the like products of other foreign
countries (except the Philippines), whether or not the
application of such rate involves any preferential customs
treatment. No rate of duty on products of Cuba shall be
decreased--
---------------------------------------------------------------------------
\92\ See also Tariff Treatment of Cuban Products (Public Law 87-
456; 76 Stat. 78).
---------------------------------------------------------------------------
(1) In order to carry out a foreign trade agreement
entered into by the President before June 12, 1955, by
more than 50 per centum of the rate of duty existing on
January 1, 1945, with respect to products of Cuba.
(2) In order to carry out a foreign trade agreement
entered into by the President on or after June 12,
1955, and before July 1, 1962, below the applicable
alternative specified in subsection (a)(2) (C) or (D)
or (4)(A) of this section (subject to the applicable
provisions of subsection (a)(3) (B), (C), and (D) and
(4) (B) and (C) of this section), each such alternative
to be read for the purposes of this paragraph as
relating to the rate of duty applicable to products of
Cuba. With respect to products of Cuba, the limitation
of subsection (a)(2)(D)(ii) or (4)(A)(iii) of this
section may be exceeded to such extent as may be
required to maintain an absolute margin of preference
to which such products are entitled.
(3) In order to carry out a foreign trade agreement
entered into after June 30, 1962, and before July 1,
1967, below the lowest rate permissible by applying
title II of the Trade Expansion Act of 1962 to the rate
of duty (however established, and even though
temporarily suspended by Act of Congress or otherwise)
existing on July 1, 1962, with respect to such product.
(c) Definitions.--(1) As used in this section, the term
``duties and other import restrictions'' includes (A) rate and
form of import duties and classification of articles, and (B)
limitations, prohibitions, charges, and exactions other than
duties, imposed on importation or imposed for the regulation of
imports.
(2) For purposes of this section--
(A) Except as provided in subsection (d) of this
section, the terms ``existing on July 1, 1934'',
``existing on January 1, 1945'', ``existing on January
1, 1955'', and ``existing on July 1, 1958'' refer to
rates of duty (however established, and even though
temporarily suspended by Act of Congress or otherwise)
existing on the date specified, except rates in effect
by reason of action taken pursuant to section 1362 of
this title.
(B) The term ``existing'' without the specification
of any date, when used with respect to any matter
relating to the conclusion of, or proclamation to carry
out, a foreign trade agreement, means existing on the
day on which that trade agreement is entered into.
(d) Rate Basis for Additional Increases or Decreases;
Restoration of Terminated Treaties Forbidden.--(1) When any
rate of duty has been increased or decreased for the duration
of war or an emergency, by agreement or otherwise, any further
increase or decrease shall be computed upon the basis of the
post-war or post-emergency rate carried in such agreement or
otherwise.
(2) Where under a foreign trade agreement the United States
has reserved the unqualified right to withdraw or modify, after
the termination of war or an emergency, a rate on a specific
commodity, the rate on such commodity to be considered as
``existing on January 1, 1945'' for the purpose of this section
shall be the rate which would have existed if the agreement had
not been entered into.
(3) No proclamation shall be made pursuant to this section
for the purpose of carrying out any foreign trade agreement the
proclamation with respect to which has been terminated in whole
by the President prior to July 5, 1945.
(e) \93\ * * * [Repealed--1962]
---------------------------------------------------------------------------
\93\ Sec. 257(b) of Public Law 87-794 (76 Stat. 882) repealed
subsec. (e).
---------------------------------------------------------------------------
(f) Information and Advice From Industry, Agriculture, and
Labor.--It is declared to be the sense of the Congress that the
President, during the course of negotiating any foreign trade
agreement under this section, should seek information and
advice with respect to such agreement from representatives of
industry, agriculture, and labor.
* * * * * * *
TITLE IV--ADMINISTRATIVE PROVISIONS
* * * * * * *
Part III--Ascertainment, Collection, and Recovery of Duties
* * * * * * *
SEC. 516A.\94\ JUDICIAL REVIEW IN COUNTERVAILING DUTY AND ANTI-DUMPING
DUTY PROCEEDINGS.
(a) Review of Determination.--
---------------------------------------------------------------------------
\94\ 19 U.S.C. 1516a. Sec. 1001 of the Trade Agreements Act of 1979
(Public Law 96-39; 93 Stat. 300) inserted sec. 516A.
---------------------------------------------------------------------------
(1) \95\ Review of certain determinations.--Within 30
days after the date of publication in the Federal
Register of--
---------------------------------------------------------------------------
\95\ Sec. 623(a)(1) of Public Law 98-573 (98 Stat. 3040) amended
and restated para. (1). Previously, para. (1) had been amended and
restated by sec. 608(a) of Public Law 96-417 (94 Stat. 1745). Sec.
626(b)(2) of Public Law 98-573 further provided that this amendment
should apply with respect to civil actions pending on, or filed on or
after, the date of enactment of this Act (October 30, 1984).
---------------------------------------------------------------------------
(A) a determination by the administering
authority, under section 702(c) or 732(c) of
this Act, not to initiate an investigation,
(B) a determination by the Commission, under
section 751(b) of this Act, not to review a
determination based upon changed
circumstances,\96\
---------------------------------------------------------------------------
\96\ Sec. 220(b)(1) of Public Law 103-465 (108 Stat. 4864) struck
out ``or'' at the end of subpara. (B), added ``or'' at the end of
subpara. (C), and added a new subpara. (D).
---------------------------------------------------------------------------
(C) a negative determination by the
Commission, under section 703(a) or 733(a) of
this Act, as to whether there is reasonable
indication of material injury, threat of
material injury, or material retardation, or
\96\
(D) \96\ a final determination by the
administering authority or the Commission under
section 751(c)(3),
an interested party who is a party to the proceeding in
connection with which the matter arises may commence an
action in the United States Court of International
Trade by filing concurrently a summons and complaint,
each with the content and in the form, manner, and
style prescribed by the rules of that Court, contesting
any factual findings or legal conclusions upon which
the determination is based.
(2) Review of determination on record.--
(A) In general.--Within thirty days after--
\97\
---------------------------------------------------------------------------
\97\ Sec. 623(a)(2) of Public Law 98-573 (98 Stat. 3040) amended
subpara. (A) by deleting the words ``the date of publication in the
Federal Register of'' in the first sentence, and by amending and
restating clauses (i) and (ii). This amendment essentially consolidated
the previous text of clauses (i) and (ii) into a new clause (i) and
added a new clause (ii). Sec. 626(b)(2) of Public Law 98-573 further
stated that this amendment applied with respect to civil actions
pending on, or filed on or after, the date of enactment of this Act
(October 30, 1984).
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(i) \97\ the date of publication in
the Federal Register of--
(I) notice of any
determination described in
clause (ii), (iii), (iv), (v),
or (viii) \98\ of subparagraph
(B),\99\
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\98\ Sec. 271(b)(1) of Public Law 103-465 (108 Stat. 4921) struck
out ``or (v)'' and inserted in lieu thereof ``(v), or (viii)''.
\99\ Sec. 129(e)(1)(A) of Public Law 103-465 (108 Stat. 4838)
struck out ``(B), or'' and inserted in lieu thereof ``(B)'' at the end
of subclause (I), and added subclause (III). Sec. 20(a)(1) of Public
Law 104-295 (110 Stat. 3526) inserted a comma after ``subparagraph
(B)''.
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(II) an antidumping or
countervailing duty order based
upon any determination
described in clause (i) of
subparagraph (B), or
(III) \99\ notice of the
implementation of any
determination described in
clause (vii) of subparagraph
(B), or
(ii) the date of mailing of a
determination described in clause (vi)
of subparagraph (B),
an interested party who is a party to the
proceeding in connection with which the matter
arises may commence an action in the United
States Court of International Trade \100\ by
filing a summons, and within thirty days
thereafter a complaint, each with the content
and in the form, manner, and style prescribed
by the rules of that court, contesting any
factual findings or legal conclusions upon
which the determination is based.
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\100\ Sec. 601(7) of Public Law 96-417 (94 Stat. 1744) struck out a
reference to the Customs Court and inserted in lieu thereof a reference
to the Court of International Trade.
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(B) \101\ Reviewable determinations.--The
determinations which may be contested under
subparagraph (A) as follows:
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\101\ Sec. 623(a)(3) of Public Law 98-573 (98 Stat. 3040) amended
and restated subpara. (B). Sec. 626(b)(2) of Public Law 98-573 further
provided that this amendment shall apply with respect to civil actions
pending on, or filed on or after, the date of enactment of this Act
(October 30, 1984).
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(i) Final affirmative determinations
by the administering authority and by
the Commission under section 705 or 735
of this Act, including any negative
part of such a determination (other
than a part referred to in clause
(ii)).
(ii) A final negative determination
by the administering authority or the
Commission under section 705 or 735 of
this Act, including, at the option of
the appellant, any part of a final
affirmative determination which
specifically excludes any company or
product.
(iii) A final determination, other
than a determination reviewable under
paragraph (1), by the administering
authority or the Commission under
section 751 of this Act.
(iv) A determination by the
administering authority, under section
704 or 734 of this Act, to suspend an
antidumping duty or a countervailing
duty investigation, including any final
determination resulting from a
continued investigation which changes
the size of the dumping margin or net
countervailable subsidy \102\
calculated, or the reasoning underlying
such calculations, at the time the
suspension agreement was concluded.
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\102\ Sec. 270(a)(1)(N) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
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(v) An injurious effect determination
by the Commission under section 704(h)
or 734(h) of this Act.
(vi) A determination by the
administering authority as to whether a
particular type of merchandise is
within the class or kind of merchandise
described in an existing finding of
dumping or antidumping or
countervailing duty order.
(vii) \103\ A determination by the
administering authority or the
Commission under section 129 of the
Uruguay Round Agreements Act concerning
a determination under title VII of the
Tariff Act of 1930.
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\103\ Sec. 129(e)(1)(B) of Public Law 103-465 (108 Stat. 4838)
added clause (vii).
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(viii) \104\ A determination by the
Commission under section 753(a)(1).
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\104\ Sec. 271(b)(2) of Public Law 103-465 (108 Stat. 4921) added
clause (viii).
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(3) \105\ Exception.--Notwithstanding the limitation
imposed by paragraph (2)(A)(i)(II) \106\ of this
subsection, a final affirmative determination by the
administering authority under section 705 or 735 of
this Act may be contested by commencing an action, in
accordance with the provisions of paragraph (2)(A),
within thirty days after the date of publication in the
Federal Register of a final negative determination by
the Commission under section 705 or 735 of this Act
which is predicated upon the size of either the dumping
margin or net subsidy determined to exist.
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\105\ Sec. 623(a)(4) of Public Law 98-573 (98 Stat. 3041)
redesignated existing para. (3) as para. (4), and added a new para.
(3). Sec. 626(b)(2) of Public Law 98-573 further provided that this
amendment should apply with respect to civil sections pending on, or
filed on or after, the date of enactment of this Act (October 30,
1984).
\106\ Sec. 1888(6) of Public Law 99-514 (100 Stat. 2925)
substituted ``(2)(A)(i)(II)'' in lieu of ``(2)(A)(ii)''.
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(4) \107\ Procedures and fees.--The procedures and
fees set forth in chapter 169 of title 28, United
States Code,\101\ apply to an action under this
section.
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\107\ Sec. 608(b) of Public Law 96-417 (94 Stat. 1746) struck out
``sec. 2632'' and inserted in lieu thereof ``chapter 169''. Sec. 2 of
Public Law 96-542 (94 Stat. 3215) further struck out a reference to
subsecs. (b), (c), and (e) of ch. 169.
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(5) \108\ Time limits in cases involving merchandise
from free trade area countries.--Notwithstanding any
other provision of this subsection, in the case of a
determination to which the provisions of subsection (g)
apply, an action under this subsection may not be
commenced, and the time limits for commencing an action
under this subsection shall not begin to run, until the
day specified in whichever of the following
subparagraphs applies:
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\108\ Sec. 401(a) of the United States-Canada Free-Trade Agreement
Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1878)
inserted para. (5). Sec. 411(1) of the NAFTA Implementation Act (Public
Law 103-182; 107 Stat. 2140) amended and restated the paragraph.
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(A) For a determination described in
paragraph (1)(B) or clause (i), (ii) or (iii)
of paragraph (2)(B), the 31st day after the
date on which notice of the determination is
published in the Federal Register.
(B) For a determination described in clause
(vi) of paragraph (2)(B), the 31st day after
the date on which the government of the
relevant FTA country receives notice of the
determination.
(C) For a determination with respect to which
binational panel review has commenced in
accordance with subsection (g)(8), the day
after the date as of which--
(i) the binational panel has
dismissed binational panel review of
the determination for lack of
jurisdiction, and
(ii) any interested party seeking
review of the determination under
paragraph (1), (2), or (3) of this
subsection has provided timely notice
under subsection (g)(3)(B).
If such an interested party files a summons and
complaint under this subsection after dismissal
by the binational panel, and if a request for
an extraordinary challenge committee is made
with respect to the decision by the binational
panel to dismiss--
(I) judicial review under this
subsection shall be stayed during
consideration by the committee of the
request, and
(II) the United States Court of
International Trade shall dismiss the
action if the committee vacates or
remands the binational panel decision
to dismiss.
(D) For a determination for which review by
the United States Court of International Trade
is provided for--
(i) under subsection (g)(12)(B), the
day after the date of publication in
the Federal Register of notice that
article 1904 of the NAFTA has been
suspended, or
(ii) under subsection (g)(12)(D), the
day after the date that notice of
settlement is published in the Federal
Register.
(E) \109\ For a determination described in
clause (vii) of paragraph (2)(B), the 31st day
after the date on which notice of the
implementation of the determination is
published in the Federal Register.
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\109\ Sec. 129(e)(2) of Public Law 103-465 (108 Stat. 4838) added
subpara. (E).
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(b) Standards of Review.--
(1) Remedy.--The court shall hold unlawful any
determination, finding, or conclusion found--
(A) in an action brought under subparagraph
(A), (B), or (C) of subsection (a)(1),\110\ to
be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with
law, or
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\110\ Sec. 220(b)(2)(A) of Public Law 103-465 (108 Stat. 4865)
struck out ``under paragraph (1) of subsection (a)'' and inserted in
lieu thereof ``under subparagraph (A), (B), or (C) of subsection
(a)(1)''.
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(B) \111\ (i) in an action brought under
paragraph (2) of subsection (a), to be
unsupported by substantial evidence on the
record, or otherwise not in accordance with
law, or \112\
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\111\ Sec. 220(b)(2)(B)(i) of Public Law 103-465 (108 Stat. 4865)
struck out ``(B) in an action'' and inserted in lieu thereof ``(B)(i)
in an action''.
\112\ Sec. 220(b)(2)(B)(ii) of Public Law 103-465 (108 Stat. 4865)
struck out a period at the end of subpara. (B), and inserted ``, or''.
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(ii) \113\ in an action brought under
paragraph (1)(D) of subsection (a), to be
arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with law.
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\113\ Sec. 220(b)(2)(B)(iii) of Public Law 103-465 (108 Stat. 4865)
added clause (ii).
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(2) Record for review.--
(A) In general.--For the purposes of this
subsection, the record, unless otherwise
stipulated by the parties, shall consist of--
(i) a copy of all information
presented to or obtained by the
Secretary, the administering authority,
or the Commission during the course of
the administrative proceeding,
including all governmental memoranda
pertaining to the case and the record
of ex parte meetings required to be
kept by section 777(a)(3); and
(ii) a copy of the determination, all
transcripts or records of conferences
or hearings, and all notices published
in the Federal Register.
(B) Confidential or privileged material.--The
confidential or privileged status accorded to
any documents, comments, or information shall
be preserved in any action under this section.
Notwithstanding the preceding sentence, the
court may examine, in camera, the confidential
or privileged material, and may disclose such
material under such terms and conditions as it
may order.
(3) \114\ Effect of decisions by nafta or \115\
united states-canada binational panels.--In making a
decision in any action brought under subsection (a), a
court of the United States is not bound by, but may
take into consideration, a final decision of a
binational panel or extraordinary challenge committee
convened pursuant to article 1904 of the NAFTA or \116\
of the Agreement.''.
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\114\ Sec. 401(d) of the United States-Canada Free-Trade Agreement
Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1883) added
para. (3).
\115\ Sec. 411(2)(A) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2141) inserted ``nafta or'' in the heading.
\116\ Sec. 411(2)(B) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2141) inserted ``of the NAFTA or'' after ``article
1904''.
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(c) Liquidation of Entries.--
(1) Liquidation in accordance with determination.--
Unless such liquidation is enjoined by the court under
paragraph (2) of this subsection, entries of
merchandise of the character covered by a determination
of the Secretary, the administering authority, or the
Commission contested under subsection (a) shall be
liquidated in accordance with the determination of the
Secretary, the administering authority, or the
Commission, if they are entered, or withdrawn from
warehouse, for consumption on or before the date of
publication in the Federal Register by the Secretary or
the administering authority of a notice of a decision
of the United States Court of International Trade,\100\
or of the United States Court of Appeals for the
Federal Circuit,\117\ not in harmony with that
determination. Such notice of a decision shall be
published within ten days from the date of the issuance
of the court decision.
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\117\ Sec. 163(a)(2) of the Federal Court Improvement Act (Public
Law 97-164; 96 Stat. 49) struck out a reference to the United States
Court of Customs and Patent Appeals and inserted in lieu thereof a
reference to the United States Court of Appeals for the Federal
Circuit.
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(2) Injunctive relief.--In the case of a
determination described in paragraph (2) of subsection
(a) by the Secretary, the administering authority, or
the Commission, the United States Court of
International Trade \100\ may enjoin the liquidation of
some or all entries of merchandise covered by a
determination of the Secretary, the administering
authority, or the Commission, upon a request by an
interested party for such relief and a proper showing
that the requested relief should be granted under the
circumstances.\118\
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\118\ Sec. 604(c) of Public Law 96-417 (94 Stat. 1746) struck out
the final sentence in para. (2), which listed factors which the court
should consider in ruling on a request for injunctive relief.
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(3) Remand for final disposition.--If the final
disposition of an action brought under this section is
not in harmony with the published determination of the
Secretary, the administering authority, or the
Commission, the matter shall be remanded to the
Secretary, the administering authority, or the
Commission, as appropriate, for disposition consistent
with the final disposition of the court.
(d) Standing.--Any interested party who was a party to the
proceeding under section 303 of this Act or title VII of this
Act shall have the right to appear and be heard as a party in
interest before the United States Court of International
Trade.\100\ The party filing the action shall notify all such
interested parties of the filing of an action under this
section, in the form, manner, style, and within the time
prescribed by rules of the court.\119\
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\119\ Sec. 604(d) of Public Law 96-417 (94 Stat. 1746) amended and
restated this sentence.
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(e) Liquidation in Accordance With Final Decision.--If the
cause of action is sustained in whole or in part by a decision
of the United States Court of International Trade \94\ or of
the United States Court of Appeals for the Federal Circuit--
\111\
(1) entries of merchandise of the character covered
by the published determination of the Secretary, the
administering authority, or the Commission, which is
entered, or withdrawn from warehouse, for consumption
after the date of publication in the Federal Register
by the Secretary or the administering authority of a
notice of the court decision, and
(2) entries, the liquidation of which was enjoined
under subsection (c)(2),
shall be liquidated in accordance with the final court decision
in the action. Such notice of the court decision shall be
published within ten days from the date of the issuance of the
court decision.
(f) Definitions.--For purposes of this section--
(1) Administering authority.--The term
``administering authority'' means the administering
authority described in section 771(1) of this Act.
(2) Commission.--The term ``Commission'' means the
United States International Trade Commission.
(3) Interested party.--The term ``interested party''
means any person described in section 771(9) of this
Act.
(4) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(5) \120\ Agreement.--The term ``Agreement'' means
the United States-Canada Free-Trade Agreement.
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\120\ Sec. 401(b) of the United States-Canada Free-Trade Agreement
Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1878) added
paras. (5), (6), and (7). Sec. 411(3)(A) of the NAFTA Implementation
Act (Public Law 103-182; 107 Stat. 2141) amended and restated paras.
(6) and (7).
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(6) \120\ United states secretary.--The term ``United
States Secretary'' means--
(A) the secretary for the United States
Section referred to in article 1908 of the
NAFTA, and
(B) the secretary of the United States
Section provided for in article 1909 of the
Agreement.
(7) \120\ Relevant fta secretary.--The term
``relevant FTA Secretary'' means the Secretary--
(A) referred to in article 1908 of the NAFTA,
or
(B) provided for in paragraph 5 of article
1909 of the Agreement,
of the relevant FTA country.
(8) \121\ NAFTA.--The term ``NAFTA'' means the North
American Free Trade Agreement.
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\121\ Sec. 411(3)(B) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2142) added paras. (8), (9), and (10).
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(9) \121\ Relevant fta country.--The term ``relevant
FTA country'' means the free trade area country to
which an antidumping or countervailing duty proceeding
pertains.
(10) \121\ Free trade area country.--The term ``free
trade area country'' means the following:
(A) Canada for such time as the NAFTA is in
force with respect to, and the United States
applies the NAFTA to, Canada.
(B) Mexico for such time as the NAFTA is in
force with respect to, and the United States
applies the NAFTA to, Mexico.
(C) Canada for such time as--
(i) it is not a free trade area
country under subparagraph (A); and
(ii) the Agreement is in force with
respect to, and the United States
applies the Agreement to, Canada.
(g) \122\ Review of Countervailing Duty and Antidumping Duty
Determinations Involving Free Trade Area Country Merchandise.--
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\122\ Sec. 401(c) of the United States-Canada Free-Trade Agreement
Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1878) added
subsec. (g). Sec. 411(4)(A) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2142) struck out ``Canadian Merchandise'' in the
subsection heading, and inserted in lieu thereof ``Free Trade Area
Country Merchandise''.
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(1) Definition of determination.--For purposes of
this subsection, the term ``determination'' means a
determination described in--
(A) paragraph (1)(B) of subsection (a), or
(B) clause (i), (ii), (iii), or (vi) of
paragraph (2)(B) of subsection (a),
if made in connection with a proceeding regarding a
class or kind of free trade area country
merchandise,\123\ as determined by the administering
authority.
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\123\ Sec. 411(4)(B) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2142) struck out ``Canadian merchandise'' and
inserted in lieu thereof ``free trade area country merchandise''.
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(2) Exclusive review of determination by binational
panels.--If binational panel review of a determination
is requested pursuant to article 1904 of the NAFTA or
\124\ of the Agreement, then, except as provided in
paragraphs (3) and (4)--
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\124\ Sec. 411(4)(C) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2142) inserted ``of the NAFTA or'' after ``article
1904''.
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(A) the determination is not reviewable under
subsection (a), and
(B) no court of the United States has power
or jurisdiction to review the determination on
any question of law or fact by an action in the
nature of mandamus or otherwise.
(3) Exception to exclusive binational panel review.--
(A) In general.--A determination is
reviewable under subsection (a) if the
determination sought to be reviewed is--
(i) a determination as to which
neither the United States nor the
relevant FTA country \125\ requested
review by a binational panel pursuant
to article 1904 of the NAFTA or \126\
of the Agreement,
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\125\ Sec. 411(4)(D)(i) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2142) struck out ``nor Canada'' and inserted in lieu
thereof ``nor the relevant FTA country'' in clauses (i) and (ii).
\126\ Sec. 411(4)(D)(ii) of the NAFTA Implementation Act (Public
Law 103-182; 107 Stat. 2142) inserted ``of the NAFTA or'' before ``of
the Agreement'' in clauses (i) and (iii) .
---------------------------------------------------------------------------
(ii) a revised determination issued
as a direct result of judicial review,
commenced pursuant to subsection (a),
if neither the United States nor the
relevant FTA country \125\ requested
review of the original
determination,\127\
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\127\ Sec. 134(a)(3)(B) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) struck out ``or'' at the end of
clause (ii); struck out the period at the end of clause (iii), and
inserted in lieu thereof ``, or''; and added a new clause (iv). In
subpara. (B), that section inserted ``or (iv)'' after ``subparagraph
(A)(i)''.
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(iii) a determination issued as a
direct result of judicial review that
was commenced pursuant to subsection
(a) prior to the entry into force of
the NAFTA or \126\ of the
Agreement,\128\
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\128\ Sec. 411(4)(D) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2142) struck out ``or'' at the end of clause (iii);
struck out ``under paragraph (2)(A)'' in clause (iv); further amended
clause (iv) by striking out a period and inserting in lieu thereof a
comma; and added new clauses (v) and (vi).
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(iv) \128\ a determination which a
binational panel has determined \128\
is not reviewable by the binational
panel,\128\
(v) \128\ a determination as to which
binational panel review has terminated
pursuant to paragraph 12 of article
1905 of the NAFTA, or
(vi) \128\ a determination as to
which extraordinary challenge committee
review has terminated pursuant to
paragraph 12 of article 1905 of the
NAFTA.
(B) Special rule.--A determination described
in subparagraph (A)(i) or (iv) is reviewable
under subsection (a) only if the party seeking
to commence review has provided timely notice
of its intent to commence such review to--
(i) the United States Secretary and
the relevant FTA Secretary;
(ii) all interested parties who were
parties to the proceeding in connection
with which the matter arises; and
(iii) the administering authority or
the Commission, as appropriate.
Such notice is timely provided if the notice is
delivered no later than the date that is 20
days after the date described in subparagraph
(A) or (B) of subsection (a)(5) that is
applicable to such determination, except that,
if the time for requesting binational panel
review is suspended under paragraph (8)(A)(ii)
of this subsection, any unexpired time for
providing notice of intent to commence judicial
review shall, during the pendency of any such
suspension, also be suspended.\129\ Such notice
shall contain such information, and be in such
form, manner, and style, as the administering
authority, in consultation with the Commission,
shall prescribe by regulations.
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\129\ Sec. 411(4)(E) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2143) amended and restated para. (3)(B) to this
point.
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(4) Exception to exclusive binational panel review
for constitutional issues.--
(A) Constitutionality of binational panel
review system.--An action for declaratory
judgment or injunctive relief, or both,
regarding a determination on the grounds that
any provision of, or amendment made by, the
North American Free Trade Agreement
Implementation Act implementing the binational
dispute settlement system under chapter 19 of
the NAFTA, or \130\ the United States-Canada
Free-Trade Agreement Implementation Act of 1988
\131\ implementing the binational panel dispute
settlement system under chapter 19 of the
Agreement,\132\ violates the Constitution may
be brought only \133\ in the United States
Court of Appeals for the District of Columbia
Circuit, which shall have jurisdiction of such
action.\134\
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\130\ Sec. 411(4)(F)(i)(I) of the NAFTA Implementation Act (Public
Law 103-182; 107 Stat. 2143) inserted ``the North American Free Trade
Agreement Implementation Act implementing the binational dispute
settlement system under chapter 19 of the NAFTA, or'' after ``or
amendment made by,''.
\131\ Sec. 22 of Public Law 104-295 (110 Stat. 3531) struck out
``Implementation Agreement Act of 1988'' and inserted in lieu thereof
``Agreement Implementation Act of 1988''.
\132\ Sec. 411(4)(F)(i)(II) of the NAFTA Implementation Act (Public
Law 103-182; 107 Stat. 2143) inserted the comma before ``violates''.
\133\ Sec. 411(4)(F)(i)(III) of the NAFTA Implementation Act
(Public Law 103-182; 107 Stat. 2143) inserted ``only'' after ``may be
brought''.
\134\ Sec. 411(4)(F)(i)(IV) and (ii) of the NAFTA Implementation
Act (Public Law 103-182; 107 Stat. 2143) inserted ``, which shall have
jurisdiction of such action'', after ``Circuit'', and struck out a
sentence at this point, which had read as follows: ``Any action brought
under this subparagraph shall be heard and determined by a 3-judge
court in accordance with section 2284 of title 28, United States
Code.''.
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(B) Other constitutional review.--Review is
available under subsection (a) with respect to
a determination solely concerning a
constitutional issue (other than an issue to
which subparagraph (A) applies) arising under
any law of the United States as enacted or
applied. An action for review under this
subparagraph shall be assigned to a 3-judge
panel of the United States Court of
International Trade.
(C) Commencement of review.--Notwithstanding
the time limits in subsection (a), within 30
days after the date of publication in the
Federal Register of notice that binational
panel review has been completed, an interested
party who is a party to the proceeding in
connection with which the matter arises may
commence an action under subparagraph (A) or
(B) by filing an action in accordance with the
rules of the court.
(D) Transfer of actions to appropriate
court.--Whenever an action is filed in a court
under subparagraph (A) or (B) and that court
finds that the action should have been filed in
the other court, the court in which the action
was filed shall transfer the action to the
other court and the action shall proceed as if
it had been filed in the court to which it is
transferred on the date upon which it was
actually filed in the court from which it is
transferred.
(E) Frivolous claims.--Frivolous claims
brought under subparagraph (A) or (B) are
subject to dismissal and sanctions as provided
under section 1927 of title 28, United States
Code, and the Federal Rules of Civil Procedure.
(F) Security.--
(i) Subparagraph (a) actions.--The
security requirements of rule 65(c) of
the Federal Rules of Civil Procedure
apply with respect to actions commenced
under subparagraph (A).
(ii) Subparagraph (b) actions.--No
claim shall be heard, and no temporary
restraining order or temporary or
permanent injunction shall be issued,
under an action commenced under
subparagraph (B), unless the party
seeking review first files an
undertaking with adequate security in
an amount to be fixed by the court
sufficient to recompense parties
affected for any loss, expense, or
damage caused by the improvident or
erroneous issuance of such order or
injunction. If a court upholds the
constitutionality of the determination
in question in such action, the court
shall award to a prevailing party fees
and expenses, in addition to any costs
incurred by that party, unless the
court finds that the position of the
other party was substantially justified
or that special circumstances make an
award unjust.
(G) Panel record.--The record of proceedings
before the binational panel shall not be
considered part of the record for review
pursuant to subparagraph (A) or (B).
(H) Appeal to supreme court of court orders
issued in subparagraph (a) actions.--
Notwithstanding any other provision of law, any
final judgment of the United States Court of
Appeals for the District of Columbia Circuit
which is issued pursuant to an action brought
under subparagraph (A) shall be reviewable by
appeal directly to the Supreme Court of the
United States. Any such appeal shall be taken
by a notice of appeal filed within 10 days
after such order is entered; and the
jurisdictional statement shall be filed within
30 days after such order is entered. No stay of
an order issued pursuant to an action brought
under subparagraph (A) may be issued by a
single Justice of the Supreme Court.
(5) Liquidation of entries.--
(A) Application.--In the case of a
determination for which binational panel review
is requested pursuant to article 1904 of the
NAFTA or \135\ of the Agreement, the rules
provided in this paragraph shall apply,
notwithstanding the provisions of subsection
(c).
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\135\ Sec. 411(4)(G)(i) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2143) inserted ``of the NAFTA or'' after ``article
1904'' in subparas. (A), (B), and (C)(i).
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(B) General rule.--In the case of a
determination for which binational panel review
is requested pursuant to article 1904 of the
NAFTA or \135\ of the Agreement, entries of
merchandise covered by such determination shall
be liquidated in accordance with the
determination of the administering authority or
the Commission, if they are entered, or
withdrawn from warehouse, for consumption on or
before the date of publication in the Federal
Register by the administering authority of
notice of a final decision of a binational
panel, or of an extraordinary challenge
committee, not in harmony with that
determination. Such notice of a decision shall
be published within 10 days of the date of the
issuance of the panel or committee decision.
(C) Suspension of liquidation.--
(i) In general.--Notwithstanding the
provisions of subparagraph (B), in the
case of a determination described in
clause (iii) or (vi) of subsection
(a)(2)(B) for which binational panel
review is requested pursuant to article
1904 of the NAFTA or \135\ of the
Agreement, the administering authority,
upon request of an interested party who
was a party to the proceeding in
connection with which the matter arises
and who is a participant in the
binational panel review, shall order
the continued suspension of liquidation
of those entries of merchandise covered
by the determination that are involved
in the review pending the final
disposition of the review.
(ii) Notice.--At the same time as the
interested party makes its request to
the administering authority under
clause (i), that party shall serve a
copy of its request on the United
States Secretary, the relevant FTA
Secretary,\136\ and all interested
parties who were parties to the
proceeding in connection with which the
matter arises.
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\136\ Sec. 411(4)(G)(ii) of the NAFTA Implementation Act (Public
Law 103-182; 107 Stat. 2143) struck out ``the Canadian Secretary,'' and
inserted in lieu thereof ``the relevant FTA Secretary,''.
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(iii) Application of suspension.--If
the interested party requesting
continued suspension of liquidation
under clause (i) is a foreign
manufacturer, producer, or exporter, or
a United States importer, the continued
suspension of liquidation shall apply
only to entries of merchandise
manufactured, produced, exported, or
imported by that particular
manufacturer, producer, exporter, or
importer. If the interested party
requesting the continued suspension of
liquidation under clause (i) is an
interested party described in
subparagraph (C), (D), (E), or (F) of
section 771(9), the continued
suspension of liquidation shall apply
only to entries which could be affected
by a decision of the binational panel
convened under chapter 19 of the NAFTA
or \137\ of the Agreement.
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\137\ Sec. 411(4)(G)(iii) of the NAFTA Implementation Act (Public
Law 103-182; 107 Stat. 2143) inserted ``of the NAFTA or'' after
``chapter 19''.
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(iv) Judicial review.--Any action
taken by the administering authority or
the United States Customs Service under
this subparagraph shall not be subject
to judicial review, and no court of the
United States shall have power or
jurisdiction to review such action on
any question of law or fact by an
action in the nature of mandamus or
otherwise.
(6) Injunctive relief.--Except for cases under
paragraph (4)(B), in the case of a determination for
which binational panel review is requested pursuant to
article 1904 of the NAFTA or \138\ of the Agreement,
the provisions of subsection (c)(2) shall not apply.
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\138\ Sec. 411(4)(H) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2143) inserted ``of the NAFTA or'' after ``article
1904''.
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(7) Implementation of international obligations under
article 1904 of the nafta or the agreement.-- \139\
---------------------------------------------------------------------------
\139\ Sec. 411(4)(I)(i) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2143) inserted ``of the nafta or the agreement'' in
the paragraph heading.
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(A) \140\ Action upon remand.--If a
determination is referred to a binational panel
or extraordinary challenge committee under the
NAFTA or \141\ the Agreement and the panel or
committee makes a decision remanding the
determination to the administering authority or
the Commission, the administering authority or
the Commission shall, within the period
specified by the panel or committee, take
action not inconsistent with the decision of
the panel or committee. Any action taken by the
administering authority or the Commission under
this paragraph shall not be subject to judicial
review, and no court of the United States shall
have power or jurisdiction to review such
action on any question of law or fact by an
action in the nature of mandamus or otherwise.
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\140\ Sec. 411(4)(I)(ii) of the NAFTA Implementation Act (Public
Law 103-182; 107 Stat. 2143) struck out ``In general.--'' in the
subparagraph heading and inserted in lieu thereof ``Action upon
remand.--''
\141\ Sec. 411(4)(I)(iii) of the NAFTA Implementation Act (Public
Law 103-182; 107 Stat. 2143) inserted ``the NAFTA or'' before ``the
Agreement'' in subpara. (A).
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(B) Application if subparagraph (a) held
unconstitutional.--In the event that the
provisions of subparagraph (A) are held
unconstitutional under the provisions of
subparagraphs (A) and (H) of paragraph (4), the
provisions of this subparagraph shall take
effect. In such event, the President is
authorized on behalf of the United States to
accept, as a whole, the decision of a
binational panel or extraordinary challenge
committee remanding the determination to the
administering authority or the Commission
within the period specified by the panel or
committee. Upon acceptance by the President of
such a decision, the administering authority or
the Commission shall, within the period
specified by the panel or committee, take
action not inconsistent with such decision. Any
action taken by the President, the
administering authority, or the Commission
under this subparagraph shall not be subject to
judicial review, and no court of the United
States shall have power or jurisdiction to
review such action on any question of law or
fact by an action in the nature of mandamus or
otherwise.
(8) Requests for binational panel review.--
(A) Interested party requests for binational
panel review.--
(i) \142\ General rule.--An
interested party who was a party to the
proceeding in which a determination is
made may request binational panel
review of such determination by filing
a request with the United States
Secretary by no later than the date
that is 30 days after the date
described in subparagraph (A), (B), or
(E) \143\ of subsection (a)(5) that is
applicable to such determination.
Receipt of such request by the United
States Secretary shall be deemed to be
a request for binational panel review
within the meaning of article 1904(4)
of the NAFTA or \142\ of the Agreement.
Such request shall contain such
information and be in such form,
manner, and style as the administering
authority, in consultation with the
Commission, shall prescribe by
regulations.
---------------------------------------------------------------------------
\142\ Sec. 411(4)(J) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2144) realigned the text of (8)(A) to create clause
(i), added ``(i) General rule.--'', inserted ``of the NAFTA or'' after
``article 1904(4)'', and added a new clause (ii).
\143\ Sec. 129(e)(3) of Public Law 103-465 (108 Stat. 4839) struck
out ``subparagraph (A) or (B)'' and inserted in lieu thereof
``subparagraph (A), (B), or (E)''.
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(ii) \142\ Suspension of time to
request binational panel review under
the nafta.--Notwithstanding clause (i),
the time for requesting binational
panel review shall be suspended during
the pendency of any stay of binational
panel review that is issued pursuant to
paragraph 11(a) of article 1905 of the
NAFTA.
(B) Service of request for binational panel
review.--
(i) Service by interested party.--If
a request for binational panel review
of a determination is filed under
subparagraph (A), the party making the
request shall serve a copy, by mail or
personal service, on any other
interested party who was a party to the
proceeding in connection with which the
matter arises, and on the administering
authority or the Commission, as
appropriate.
(ii) Service by united states
secretary.--If an interested party to
the proceeding requests binational
panel review of a determination by
filing a request with the relevant FTA
Secretary,\144\ the United States
Secretary shall serve a copy of the
request by mail on any other interested
party who was a party to the proceeding
in connection with which the matter
arises, and on the administering
authority or the Commission, as
appropriate.
---------------------------------------------------------------------------
\144\ Sec. 411(4)(K) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2144) struck out ``Canadian Secretary,'' and
inserted in lieu thereof ``relevant FTA Secretary,''.
---------------------------------------------------------------------------
(C) Limitation on request for binational
panel review.--Absent a request by an
interested party under subparagraph (A), the
United States may not request binational panel
review of a determination under article 1904 of
the NAFTA or the Agreement.\145\
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\145\ Sec. 411(4)(L) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2144) struck out ``under article 1904 of the
Agreement of a determination'' and inserted in lieu thereof ``of a
determination under article 1904 of the NAFTA or the Agreement''.
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(9) Representation in panel proceedings.--In the case
of binational panel proceedings convened under chapter
19 of the NAFTA or \146\ of the Agreement, the
administering authority and the Commission shall be
represented by attorneys who are employees of the
administering authority or the Commission,
respectively. Interested parties who were parties to
the proceeding in connection with which the matter
arises shall have the right to appear and be
represented by counsel before the binational panel.
---------------------------------------------------------------------------
\146\ Sec. 411(4)(M) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2144) inserted ``of the NAFTA or'' after ``chapter
19''.
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(10) Notification of class or kind rulings.--In the
case of a determination which is described in paragraph
(2)(B)(vi) of subsection (a) and which is subject to
the provisions of paragraph (2), the administering
authority, upon request, shall inform any interested
person of the date on which the Government of the
relevant FTA country received notice of the
determination under paragraph 4 of article 1904 of the
NAFTA or the Agreement.\147\
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\147\ Sec. 411(4)(N) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2144) struck out ``Government of Canada received
notice of the determination under article 1904(4) of the Agreement.''
and inserted in lieu thereof ``Government of the relevant FTA country
received notice of the determination under paragraph 4 of article 1904
of the NAFTA or the Agreement.''.
---------------------------------------------------------------------------
(11) \148\ Suspension and termination of suspension
of article 1904 of the nafta.--
---------------------------------------------------------------------------
\148\ Sec. 411(4)(O) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2144) added paras. (11) and (12).
---------------------------------------------------------------------------
(A) Suspension of article 1904.--If a special
committee established under article 1905 of the
NAFTA issues an affirmative finding, the Trade
Representative may, in accordance with
paragraph 8(a) or 9, as appropriate, of article
1905 of the NAFTA, suspend the operation of
article 1904 of the NAFTA.
(B) Termination of suspension of article
1904.--If a special committee is reconvened and
makes an affirmative determination described in
paragraph 10(b) of article 1905 of the NAFTA,
any suspension of the operation of article 1904
of the NAFTA shall terminate.
(12) \148\ Judicial review upon termination of
binational panel or committee review under the nafta.--
(A) Notice of suspension or termination of
suspension of article 1904.--
(i) Upon notification by the Trade
Representative or the Government of a
country described in subsection (f)(10)
(A) or (B) that the operation of
article 1904 of the NAFTA has been
suspended in accordance with paragraph
8(a) or 9 of article 1905 of the NAFTA,
the United States Secretary shall
publish in the Federal Register a
notice of suspension of article 1904 of
the NAFTA.
(ii) Upon notification by the Trade
Representative or the Government of a
country described in subsection (f)(10)
(A) or (B) that the suspension of the
operation of article 1904 of the NAFTA
is terminated in accordance with
paragraph 10 of article 1905 of the
NAFTA, the United States Secretary
shall publish in the Federal Register a
notice of termination of suspension of
article 1904 of the NAFTA.
(B) Transfer of final determinations for
judicial review upon suspension of article
1904.--If the operation of article 1904 of the
NAFTA is suspended in accordance with paragraph
8(a) or 9 of article 1905 of the NAFTA--
(i) upon the request of an authorized
person described in subparagraph (C),
any final determination that is the
subject of a binational panel review or
an extraordinary challenge committee
review shall be transferred to the
United States Court of International
Trade (in accordance with rules issued
by the Court) for review under
subsection (a); or
(ii) in a case in which--
(I) a binational panel review
was completed fewer than 30
days before the suspension, and
(II) extraordinary challenge
committee review has not been
requested,
upon the request of an authorized
person described in subparagraph (C)
which is made within 60 days after the
completion of the binational panel
review, the final determination that
was the subject of the binational panel
review shall be transferred to the
United States Court of International
Trade (in accordance with rules issued
by the Court) for review under
subsection (a).
(C) Persons authorized to request transfer of
final determinations for judicial review.--A
request that a final determination be
transferred to the Court of International Trade
under subparagraph (B) may be made by--
(i) if the United States made an
allegation under paragraph 1 of article
1905 of the NAFTA and the operation of
article 1904 of the NAFTA was suspended
pursuant to paragraph 8(a) of article
1905 of the NAFTA--
(I) the government of the
relevant country described in
subsection (f)(10) (A) or (B),
(II) an interested party that
was a party to the panel or
committee review, or
(III) an interested party
that was a party to the
proceeding in connection with
which panel review was
requested, but only if the time
period for filing notices of
appearance in the panel review
has not expired, or
(ii) if a country described in
subsection (f)(10) (A) or (B) made an
allegation under paragraph 1 of article
1905 of the NAFTA and the operation of
article 1904 of the NAFTA was suspended
pursuant to paragraph 9 of article 1905
of the NAFTA--
(I) the government of that
country,
(II) an interested party that
is a person of that country and
that was a party to the panel
or committee review, or
(III) an interested party
that is a person of that
country and that was a party to
the proceeding in connection
with which panel review was
requested, but only if the time
period for filing notices of
appearance in the panel review
has not expired.
(D) Transfer for judicial review upon
settlement.--(i) \149\ If the Trade
Representative achieves a settlement with the
government of a country described in subsection
(f)(10) (A) or (B) pursuant to paragraph 7 of
article 1905 of the NAFTA, and referral for
judicial review is among the terms of such
settlement, any final determination that is the
subject of a binational panel review or an
extraordinary challenge committee review shall,
upon a request described in clause (ii), be
transferred to the United States Court of
International Trade (in accordance with rules
issued by the Court) for review under
subsection (a).
---------------------------------------------------------------------------
\149\ Sec. 21(c)(3) of Public Law 104-295 (110 Stat. 3530) moved
the clause designation ``(i)'' from immediately after ``(D)'' to
immediately preceding ``If the Trade Representative''.
---------------------------------------------------------------------------
(ii) A request referred to in clause (i) is a
request made by--
(I) the country referred to in clause
(i),
(II) an interested party that was a
party to the panel or committee review,
or
(III) an interested party that was a
party to the proceeding in connection
with which panel review was requested,
but only if the time for filing notices
of appearance in the panel review has
not expired.
* * * * * * *
TITLE VII--COUNTERVAILING AND ANTIDUMPING DUTIES \150\
Subtitle A--Imposition of Countervailing Duties
SEC. 701.\151\ COUNTERVAILING DUTIES IMPOSED.
(a) \152\ General Rule.--If--
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\150\ Sec. 101 of the Trade Agreements Act of 1979 (Public Law 96-
39; 93 Stat. 150) inserted Title VII.
\151\ 19 U.S.C. 1671.
\152\ Sec. 262 of Public Law 103-465 (108 Stat. 4910) amended and
restated subsecs. (a), (b), and (c).
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(1) the administering authority determines that the
government of a country or any public entity within the
territory of a country is providing, directly or
indirectly, a countervailable subsidy with respect to
the manufacture, production, or export of a class or
kind of merchandise imported, or sold (or likely to be
sold) for importation, into the United States, and
(2) in the case of merchandise imported from a
Subsidies Agreement country, the Commission determines
that--
(A) an industry in the United States--
(i) is materially injured, or
(ii) is threatened with material
injury, or
(B) the establishment of an industry in the
United States is materially retarded,
by reason of imports of that merchandise or by reason
of sales (or the likelihood of sales) of that
merchandise for importation,
then there shall be imposed upon such merchandise a
countervailing duty, in addition to any other duty imposed,
equal to the amount of the net countervailable subsidy. For
purposes of this subsection and section 705(b)(1), a reference
to the sale of merchandise includes the entering into of any
leasing arrangement regarding the merchandise that is
equivalent to the sale of the merchandise.
(b) \152\ Subsidies Agreement Country.--For purposes of
this title, the term ``Subsidies Agreement country'' means--
(1) a WTO member country,
(2) a country which the President has determined has
assumed obligations with respect to the United States
which are substantially equivalent to the obligations
under the Subsidies Agreement, or
(3) a country with respect to which the President
determines that--
(A) there is an agreement in effect between
the United States and that country which--
(i) was in force on the date of the
enactment of the Uruguay Round
Agreements Act, and
(ii) requires unconditional most-
favored-nation treatment with respect
to articles imported into the United
States, and
(B) the agreement described in subparagraph
(A) does not expressly permit--
(i) actions required or permitted by
the GATT 1947 or GATT 1994, as defined
in section 2(1) of the Uruguay Round
Agreements Act, or required by the
Congress, or
(ii) nondiscriminatory prohibitions
or restrictions on importation which
are designed to prevent deceptive or
unfair practices.
(c) \152\ Countervailing Duty Investigations Involving
Imports Not Entitled to a Material Injury Determination.--In
the case of any article or merchandise imported from a country
which is not a Subsidies Agreement country--
(1) no determination by the Commission under section
703(a), 704, or 705(b) shall be required,
(2) an investigation may not be suspended under
section 704(c) or 704(l),
(3) no determination as to the presence of critical
circumstances shall be made under section 703(e) or
705(a)(2),
(4) section 706(c) shall not apply,
(5) any reference to a determination described in
paragraph (1) or (3), or to the suspension of an
investigation under section 704(c) or 704(l), shall be
disregarded, and
(6) section 751(c) shall not apply.
(d) \153\ Treatment of International Consortia.--For
purposes of this subtitle, if the members (or other
participating entities) of an international consortium that is
engaged in the production of subject merchandise \154\ receive
countervailable subsidies \155\ from their respective home
countries to assist, permit, or otherwise enable their
participation in that consortium through production or
manufacturing operations in their respective home countries,
then the administering authority shall cumulate all such
countervailable subsidies,\155\ as well as countervailable
subsidies \155\ provided directly to the international
consortium, in determining any countervailing duty upon such
merchandise.
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\153\ Sec. 1315 of Public Law 100-418 (102 Stat. 1185) added
subsec. (d). Sec. 1337(b) of the Act further provided that the
amendments made by sec. 1315 should only apply with respect to
investigations initiated after the date of enactment of that Act, and
to reviews initiated under sec. 736(c) or 751 of the Tariff Act of 1930
after the date of enactment of that Act.
\154\ Sec. 233(a)(5)(A) of Public Law 103-465 (108 Stat. 4899)
struck out ``a class or kind of merchandise subject to a countervailing
duty investigation'' and inserted in lieu thereof ``subject
merchandise''.
\155\ Sec. 270(b)(1)(A) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidies'' and inserted in lieu thereof ``countervailable
subsidies''.
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(e) \156\ Upstream Subsidy.--Whenever the administering
authority has reasonable grounds to believe or suspect that an
upstream subsidy, as defined in section 771A(a)(1), is being
paid or bestowed, the administering authority shall investigate
whether an upstream subsidy has in fact been paid or bestowed,
and if so, shall include the amount of the upstream subsidy as
provided in section 771A(a)(3).
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\156\ Sec. 613(b) of Public Law 98-573 (98 Stat. 1973) originally
added subsec. (e), which was designated as subsec. (g). Sec.
1886(a)(1)(B) of Public Law 99-514 (100 Stat. 2921) amended and
redesignated the subsection as subsec. (c), Subsequently, sec. 1314 of
Public Law 100-418 (102 Stat. 1185) redesignated the subsection as
subsec. (d). Sec. 1315 of Public Law 100-418 redesignated the
subsection as subsec. (e).
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(f) \157\ * * * [Repealed--1994]
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\157\ Sec. 261(d)(1)(B)(iii) of Public Law 103-465 (108 Stat. 4910)
repealed subsec. (f), which provided a cross-reference to former sec.
303.
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SEC. 702.\158\ PROCEDURES OF INITIATING A COUNTERVAILING DUTY
INVESTIGATION.
(a) Initiation by Administering Authority.--A
countervailing duty investigation shall be initiated \159\
whenever the administering authority determines, from
information available to it, that a formal investigation is
warranted into the question of whether the elements necessary
for the imposition of a duty under section 701(a) exist.
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\158\ 19 U.S.C. 1671a. Sec. 626(c) of Public Law 98-573 (98 Stat.
3042) further provided the following:
``(c)(1) No provision of title VII of the Tariff Act of 1930 shall
be interpreted to prevent the refiling of a petition under section 702
or 732 of that title that was filed before the data of the enactment of
this title, if the purpose of such refiling is to avail the petitioner
of the amendment made by section 612(a)(1).
``(2) The amendment made by section 612(a)(1) shall not apply with
respect to petitions filed (or refiled under paragraph (1)) under
section 702 or 732 of the Tariff Act of 1930 after September 30,
1986.''.
\159\ Sec. 233(a)(6)(A) of Public Law 103-465 (108 Stat. 4901)
struck out ``commenced'' and inserted in lieu thereof ``initiated''.
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(b) Initiation by Petition.--
(1) Petition requirements.--A countervailing duty
proceeding shall be initiated \158\ whenever an
interested party described in subparagraph (C), (D),
(E), (F), or (G) \160\ of section 771(9) files a
petition with the administering authority, on behalf of
an industry, which alleges the elements necessary for
the imposition of the duty imposed by section 701(a),
and which is accompanied by information reasonably
available to the petitioner supporting those
allegations. The petition may be amended at such time,
and upon such conditions, as the administering
authority and the Commission may permit.
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\160\ Sec. 1326(d)(1) of Public Law 100-418 (102 Stat. 1203) added
the reference to subpara. (G). Previously, sec. 1886(a)(2) of Public
Law 99-514 (100 Stat. 2921) added the reference to subpara. (F).
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(2) Simultaneous filing with commission.--The
petitioner shall file a copy of the petition with the
Commission on the same day as it is filed with the
administering authority.
(3) \161\ Petition based upon a derogation of an
international undertaking on official export credits.--
If the sole basis of a petition filed under paragraph
(1) \162\ is the derogation of an international
undertaking on official export credits, the
Administering Authority shall immediately notify the
Secretary of the Treasury who shall, in consultation
with the Administering Authority, within 5 days after
the date on which the administering authority initiates
an investigation under subsection (c) \163\ determine
the existence and estimated value of the derogation, if
any, and shall publish such determination in the
Federal Register.
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\161\ Sec. 650(a) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1266) added para. (3).
\162\ Sec. 211(a)(1) of Public Law 103-465 (108 Stat. 4842) struck
out ``subsection 702(b)(1)'' and inserted in lieu thereof ``paragraph
(1)''.
\163\ Sec. 212(b)(1)(E) of Public Law 103-465 (108 Stat. 4848)
struck out ``twenty days'' and inserted in lieu thereof ``5 days after
the date on which the administering authority initiates an
investigation under subsection (c)''.
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(4) \164\ Action with respect to petitions.--
---------------------------------------------------------------------------
\164\ Sec. 211(a)(2) of Public Law 103-465 (108 Stat. 4842) added
para. (4).
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(A) Notification of governments.--Upon
receipt of a petition filed under paragraph
(1), the administering authority shall--
(i) notify the government of any
exporting country named in the petition
by delivering a public version of the
petition to an appropriate
representative of such country; and
(ii) provide the government of any
exporting country named in the petition
that is a Subsidies Agreement country
an opportunity for consultations with
respect to the petition.
(B) Acceptance of communications.--The
administering authority shall not accept any
unsolicited oral or written communication from
any person other than an interested party
described in section 771(9) (C), (D), (E), (F),
or (G) before the administering authority makes
its decision whether to initiate an
investigation, except as provided in
subparagraph (A)(ii) and subsection (c)(4)(D),
and except for inquiries regarding the status
of the administering authority's consideration
of the petition.
(C) Nondisclosure of certain information.--
The administering authority and the Commission
shall not disclose information with regard to
any draft petition submitted for review and
comment before it is filed under paragraph (1).
(c) \165\ Petition Determination.--
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\165\ Sec. 212(a)(1) of Public Law 103-465 (108 Stat. 4843) amended
and restated subsec. (c).
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(1) In general.--
(A) Time for initial determination.--Except
as provided in subparagraph (B), within 20 days
after the date on which a petition is filed
under subsection (b), the administering
authority shall--
(i) after examining, on the basis of
sources readily available to the
administering authority, the accuracy
and adequacy of the evidence provided
in the petition, determine whether the
petition alleges the elements necessary
for the imposition of a duty under
section 701(a) and contains information
reasonably available to the petitioner
supporting the allegations, and
(ii) determine if the petition has
been filed by or on behalf of the
industry.
(B) Extension of time.--In any case in which
the administering authority is required to poll
or otherwise determine support for the petition
by the industry under paragraph (4)(D), the
administering authority may, in exceptional
circumstances, apply subparagraph (A) by
substituting ``a maximum of 40 days'' for ``20
days''.
(C) Time limits where petition involves same
merchandise as an order that has been
revoked.--If a petition is filed under this
section with respect to merchandise that was
the subject merchandise of--
(i) a countervailing duty order that
was revoked under section 751(d) in the
24 months preceding the date the
petition is filed, or
(ii) a suspended investigation that
was terminated under section 751(d) in
the 24 months preceding the date the
petition is filed,
the administering authority and the Commission
shall, to the maximum extent practicable,
expedite any investigation initiated under this
section with respect to the petition.
(2) Affirmative determinations.--If the
determinations under clauses (i) and (ii) of paragraph
(1)(A) are affirmative, the administering authority
shall initiate an investigation to determine whether a
countervailable subsidy is being provided with respect
to the subject merchandise.
(3) Negative determinations.--If the determination
under clause (i) or (ii) of paragraph (1)(A) is
negative, the administering authority shall dismiss the
petition, terminate the proceeding, and notify the
petitioner in writing of the reasons for the
determination.
(4) Determination of industry support.--
(A) General rule.--For purposes of this
subsection, the administering authority shall
determine that the petition has been filed by
or on behalf of the industry, if--
(i) the domestic producers or workers
who support the petition account for at
least 25 percent of the total
production of the domestic like
product, and
(ii) the domestic producers or
workers who support the petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the
industry expressing support for or
opposition to the petition.
(B) Certain positions disregarded.--
(i) Producers related to foreign
producers.--In determining industry
support under subparagraph (A), the
administering authority shall disregard
the position of domestic producers who
oppose the petition, if such producers
are related to foreign producers, as
defined in section 771(4)(B)(ii),
unless such domestic producers
demonstrate that their interests as
domestic producers would be adversely
affected by the imposition of a
countervailing duty order.
(ii) Producers who are importers.--
The administering authority may
disregard the position of domestic
producers of a domestic like product
who are importers of the subject
merchandise.
(C) Special rule for regional industries.--If
the petition alleges that the industry is a
regional industry, the administering authority
shall determine whether the petition has been
filed by or on behalf of the industry by
applying subparagraph (A) on the basis of
production in the region.
(D) Polling the industry.--If the petition
does not establish support of domestic
producers or workers accounting for more than
50 percent of the total production of the
domestic like product, the administering
authority shall--
(i) poll the industry or rely on
other information in order to determine
if there is support for the petition as
required by subparagraph (A), or
(ii) if there is a large number of
producers in the industry, the
administering authority may determine
industry support for the petition by
using any statistically valid sampling
method to poll the industry.
(E) Comments by interested parties.--Before
the administering authority makes a
determination with respect to initiating an
investigation, any person who would qualify as
an interested party under section 771(9) if an
investigation were initiated, may submit
comments or information on the issue of
industry support. After the administering
authority makes a determination with respect to
initiating an investigation, the determination
regarding industry support shall not be
reconsidered.
(5) Definition of domestic producers or workers.--For
purposes of this subsection, the term ``domestic
producers or workers'' means those interested parties
who are eligible to file a petition under subsection
(b)(1).\166\
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\166\ Sec. 20(b)(3) of Public Law 104-295 (110 Stat. 3527) struck
out ``(b)(1)(A)'' and inserted in lieu thereof ``(b)(1)''.
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(d) Notification to Commission of Determination.--The
administering authority shall--
(1) notify the Commission immediately of any
determination it makes under subsection (a) or (c), and
(2) if the determination is affirmative, make
available to the Commission such information as it may
have relating to the matter under investigation, under
such procedures as the administering authority and the
Commission may establish to prevent disclosure, other
than with the consent of the party providing it or
under protective order, of any information to which
confidential treatment has been given by the
administering authority.
(e) \167\ Information Regarding Critical Circumstances.--If,
at any time after the initiation of an investigation under this
subtitle, the administering authority finds a reasonable basis
to suspect that the alleged countervailable subsidy \168\ is
inconsistent with the Subsidies Agreement,\169\ the
administering authority may request the Commissioner of Customs
to compile information on an expedited basis regarding entries
of the subject merchandise.\170\ Upon receiving such request,
the Commissioner of Customs shall collect information regarding
the volume and value of entries of the subject merchandise
\170\ and shall transmit such information to the administering
authority at such times as the administering authority shall
direct (at least once every 30 days), until a final
determination is made under section 705(a), the investigation
is terminated, or the administering authority withdraws the
request.
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\167\ Sec. 1324(a) of Public Law 100-418 (102 Stat. 1199) added
subsec. (e). Sec. 1337(c) of that Act further stated that the
amendments made by sec. 1324 shall only apply with respect to
investigations initiated after the date of enactment of that Act.
\168\ Sec. 270(a)(1)(A) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
\169\ Sec. 270(d) of Public Law 103-465 (108 Stat. 4918) struck out
``Agreement'' and inserted in lieu thereof ``Subsidies Agreement''.
\170\ Sec. 233(a)(5)(B) of Public Law 103-465 (108 Stat. 4899)
struck out ``class or kind of merchandise that is the subject of the
investigation'' each place it appeared and inserted in lieu thereof
``subject merchandise''.
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SEC. 703.\171\ PRELIMINARY DETERMINATIONS.
(a) \172\ Determination by Commission of Reasonable
Indication of Injury.--
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\171\ 19 U.S.C. 1671b.
\172\ Sec. 212(b)(1)(A) of Public Law 103-465 (108 Stat. 4847)
amended and restated subsec. (a).
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(1) General rule.--Except in the case of a petition
dismissed by the administering authority under section
702(c)(3), the Commission, within the time specified in
paragraph (2), shall determine, based on the
information available to it at the time of the
determination, whether there is a reasonable indication
that--
(A) an industry in the United States--
(i) is materially injured, or
(ii) is threatened with material
injury, or
(B) the establishment of an industry in the
United States is materially retarded, by reason
of imports of the subject merchandise and that
imports of the subject merchandise are not
negligible. If the Commission finds that
imports of the subject merchandise are
negligible or otherwise makes a negative
determination under this paragraph, the
investigation shall be terminated.
(2) Time for commission determination.--The
Commission shall make the determination described in
paragraph (1)--
(A) in the case of a petition filed under
section 702(b)--
(i) within 45 days after the date on
which the petition is filed, or
(ii) if the time has been extended
pursuant to section 702(c)(1)(B),
within 25 days after the date on which
the Commission receives notice from the
administering authority of initiation
of the investigation, and
(B) in the case of an investigation initiated
under section 702(a), within 45 days after the
date on which the Commission receives notice
from the administering authority that an
investigation has been initiated under such
section.
(b)(1) \173\ Preliminary Determination by Administering
Authority.--Within 65 days after the date on which the
administering authority initiates an investigation under
section 702(c) \174\, or an investigation is initiated \175\
under section 702(a), but not before an affirmative
determination by the Commission under subsection (a) of this
section, the administering authority shall make a
determination, based on the information \176\ available to it
at the time of the determination, of whether there is a
reasonable basis to believe or suspect that a countervailable
subsidy \177\ is being provided with respect to the subject
merchandise.\178\
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\173\ Sec. 650(b) of the Export-Import Bank Act Amendments of 1983
(Public Law 98-181; 97 Stat. 1266) inserted the paragraph designation
``(1)'' and added a new para. (2).
\174\ Sec. 212(b)(1)(C)(i)(I) of Public Law 103-465 (108 Stat.
4848) struck out ``85 days after the date on which a petition is filed
under section 702(b)'' and inserted in lieu thereof ``65 days after the
date on which the administering authority initiates an investigation
under section 702(c)''.
\175\ Sec. 233(a)(6)(A)(iii) of Public Law 103-465 (108 Stat. 4901)
struck out ``commenced'' and inserted in lieu thereof ``initiated''.
\176\ Sec. 212(b)(1)(C)(i)(II) of Public Law 103-465 (108 Stat.
4848) struck out ``best information'' and inserted in lieu thereof
``information''.
\177\ Sec. 270(a)(1)(B) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
\178\ Sec. 233(a)(5)(C) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''. Sec.
212(b)(1)(C)(i)(III) of that Act (108 Stat. 4848) struck out a sentence
at this point that read: ``If the determination of the administering
authority under this subsection is affirmative, the determination shall
include an estimate of the net subsidy.''.
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(2) \173\ Notwithstanding paragraph (1),\179\ when the
petition is one subject to section 702(b)(3),\179\ the
Administering Authority shall, taking into account the nature
of the countervailable subsidy \180\ concerned, make the
determination required by paragraph (1) \179\ on an expedited
basis and within 65 days after the date on which the
administering authority initiates an investigation under
section 702(c) \181\ unless the provisions of subsection (c) of
this section \179\ apply.
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\179\ Sec. 264(c)(1) of Public Law 103-465 (108 Stat. 4914) struck
out ``subsection (b)(1)'' and inserted in lieu thereof ``paragraph
(1)''; struck out ``subsection 702(b)(3)'' and inserted in lieu thereof
``section 702(b)(3)''; struck out subsection 703(b)(1)'' and inserted
in lieu thereof ``paragraph (1)''; and struck out ``section 703(c)''
and inserted in lieu thereof ``subsection (c) of this section''.
\180\ Sec. 270(a)(1)(C) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
\181\ Sec. 212(b)(1)(C)(ii) of Public Law 103-465 (108 Stat. 4848)
struck out ``85 days after the date on which the petition is filed
under section 702(b)'' and inserted in lieu thereof ``65 days after the
date on which the administering authority initiates an investigation
under section 702(c)''.
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(3) \182\ Preliminary determination under waiver of
verification.--Within 55 days after the initiation of an
investigation the administering authority shall cause an
official designated for such purpose to review the information
concerning the case received during the first 50 days of the
investigation, and, if there appears to be sufficient
information available upon which the determination can
reasonably be based, to disclose to the petitioner and any
interested party, then a party to the proceedings that requests
such disclosure, all available nonconfidential information and
all other information which is disclosed pursuant to section
777. Within 3 days (not counting Saturdays, Sundays, or legal
public holidays) after such disclosure, the petitioner and each
party which is an interested party described in subparagraph
(C), (D), (E), (F), or (G) \160\ of section 771(9) to whom such
disclosure was made may furnish to the administering authority
an irrevocable written waiver of verification of the
information received by the authority, and an agreement that is
willing to have a determination made on the basis of the record
then available to the authority. If a timely waiver and
agreement have been received from the petitioner and each party
which is an interested party described in subparagraph (C),
(D), (E), (F), or (G) \160\ of section 771(9) to whom the
disclosure was made, and the authority finds that sufficient
information is then available upon which the preliminary
determination can reasonably be based, a preliminary
determination shall be made on an expedited basis on the basis
of the record established during the first 50 days after the
investigation was initiated.
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\182\ Sec. 603 of Public Law 98-573 (98 Stat. 3024) added para.
(3).
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(4) \183\ De minimis countervailable subsidy.--
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\183\ Sec. 263(a) of Public Law 103-465 (108 Stat. 4911) added
para. (4).
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(A) General rule.--In making a determination under
this subsection, the administering authority shall
disregard any de minimis countervailable subsidy. For
purposes of the preceding sentence, a countervailable
subsidy is de minimis if the administering authority
determines that the aggregate of the net
countervailable subsidies is less than 1 percent ad
valorem or the equivalent specific rate for the subject
merchandise.
(B) Exception for developing countries.--In the case
of subject merchandise imported from a Subsidies
Agreement country (other than a country to which
subparagraph (C) applies) designated by the Trade
Representative as a developing country in accordance
with section 771(36), a countervailable subsidy is de
minimis if the administering authority determines that
the aggregate of the net countervailable subsidies does
not exceed 2 percent ad valorem or the equivalent
specific rate for the subject merchandise.
(C) Certain other developing countries.--In the case
of subject merchandise imported from a Subsidies
Agreement country that is--
(i) a least developed country, as determined
by the Trade Representative in accordance with
section 771(36), or
(ii) a developing country with respect to
which the Trade Representative has notified the
administering authority that the country has
eliminated its export subsidies on an expedited
basis within the meaning of Article 27.11 of
the Subsidies Agreement,
subparagraph (B) shall be applied by substituting ``3
percent'' for ``2 percent''.
(D) Limitations on application of subparagraph (c).--
(i) In general.--In the case of a country
described in subparagraph (C)(i), the
provisions of subparagraph (C) shall not apply
after the date that is 8 years after the date
the WTO Agreement enters into force.
(ii) Special rule for subparagraph (c)(ii)
countries.--In the case of a country described
in subparagraph (C)(ii), the provisions of
subparagraph (C) shall not apply after the
earlier of--
(I) the date that is 8 years after
the date the WTO Agreement enters into
force, or
(II) the date on which the Trade
Representative notifies the
administering authority that such
country is providing an export subsidy.
(5) \184\ Notification of article 8 violation.--If the only
subsidy under investigation is a subsidy with respect to which
the administering authority received notice from the Trade
Representative of a violation of Article 8 of the Subsidies
Agreement, paragraph (1) shall be applied by substituting ``60
days'' for ``65 days''.
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\184\ Sec. 283(a) of Public Law 103-465 (108 Stat. 4930) added
para. (5).
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(c) Extension of Period in Extraordinarily Complicated
Cases.--
(1) In general.--If--
(A) the petitioner makes a timely request for
an extension of the period within which the
determination must be made under subsection
(b), or
(B) the administering authority concludes
that the parties concerned are cooperating and
determines that--
(i) the case is extraordinarily
complicated by reason of--
(I) the number and complexity
of the alleged countervailable
subsidy \185\ practices;
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\185\ Sec. 270(a)(1)(D) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
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(II) the novelty of the
issues presented;
(III) the need to determine
the extent to which particular
countervailable subsidies \186\
are used by individual
manufacturers, producers, and
exporters; or
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\186\ Sec. 270(b)(1)(B) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidies'' and inserted in lieu thereof ``countervailable
subsidies''.
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(IV) the number of firms
whose activities must be
investigated; and
(ii) additional time is necessary to
make the preliminary determination,
then the administering authority may postpone making
the preliminary determination under subsection (b)
until not later than the 130th day after the date on
which the administering authority initiates an
investigation under section 702(c),\187\ or an
investigation is initiated \188\ under section 702(a).
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\187\ Sec. 212(b)(1)(D) of Public Law 103-465 (108 Stat. 4848)
struck out ``150th day after the date on which a petition is filed
under section 702(b)'' and inserted in lieu thereof ``130th day after
the date on which the administering authority initiates an
investigation under section 702(c)''.
\188\ Sec. 233(a)(6)(A)(iv) of Public Law 103-465 (108 Stat. 4901)
struck out ``commenced'' and inserted in lieu thereof ``initiated''.
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(2) Notice of postponement.--The administering
authority shall notify the parties to the
investigation, not later than 20 days before the date
on which the preliminary determination would otherwise
be required under subsection (b), if it intends to
postpone making the preliminary determination under
paragraph (1). The notification shall include an
explanation of the reasons for the postponement. Notice
of the postponement shall be published in the Federal
Register.
(d) Effect of Determination by the Administering
Authority.--If the preliminary determination of the
administering authority under subsection (b) is affirmative,
the administering authority--
(1) \189\ (A) shall--
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\189\ Sec. 264(a) of Public Law 103-465 (108 Stat. 4912) struck out
para. (2) in subsec. (d), redesignated para. (1) as para. (2), added
``and'' at the end of that paragraph, and added a new para. (1).
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(i) determine an estimated individual
countervailable subsidy rate for each exporter
and producer individually investigated, and, in
accordance with section 705(c)(5), an estimated
all-others rate for all exporters and producers
not individually investigated and for new
exporters and producers within the meaning of
section 751(a)(2)(B), or
(ii) if section 777A(e)(2)(B) applies,
determine a single estimated country-wide
subsidy rate, applicable to all exporters and
producers, and
(B) shall order the posting of a cash deposit, bond,
or other security, as the administering authority deems
appropriate, for each entry of the subject merchandise
in an amount based on the estimated individual
countervailable subsidy rate, the estimated all-others
rate, or the estimated country-wide subsidy rate,
whichever is applicable,
(2) shall order the suspension of liquidation of all
entries of merchandise subject to the determination
which are entered, or withdrawn from warehouse,\190\
for consumption on or after the later of--
(A) the date on which notice of the
determination is published in the Federal
Register, or
(B) the date that is 60 days after the date
on which notice of the determination to
initiate the investigation is published in the
Federal Register,\190\ and \189\
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\190\ Sec. 215(a)(1)(A) of Public Law 103-465 (108 Stat. 4852)
struck out ``warehouse, for consumption on or after the date of
publication of the notice of the determination in the Federal
Register'' and inserted in lieu thereof language from ``warehouse''
through subpara. (B).
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(3) shall make available to the Commission all
information upon which its determination was based and
which the Commission considers relevant to its injury
determination, under such procedures as the
administering authority and the Commission may
establish to prevent disclosure, other than with the
consent of the party providing it or under protective
order, of any information to which confidential
treatment has been given by the administering
authority.
The instructions of the administering authority under
paragraphs (1) and (2) may not remain in effect for more than 4
months.\191\
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\191\ Sec. 215(a)(1)(B) of Public Law 103-465 (108 Stat. 4852)
added this sentence.
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(e) Critical Circumstances Determinations.--
(1) In general.--If a petitioner alleges critical
circumstances in its original petition, or by amendment
at any time more than 20 days before the date of a
final determination by the administering authority,
then the administering authority shall promptly (at any
time after the initiation of the investigation under
this subtitle) \192\ determine, on the basis of the
information \193\ available to it at that time, whether
there is a reasonable basis to believe or suspect
that--
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\192\ Sec. 1324(a)(2) of Public Law 100-418 (102 Stat. 1200) added
``(at any time after the initiation of the investigation under this
subtitle)''.
\193\ Sec. 214(a)(1)(A) of Public Law 103-465 (108 Stat. 4850)
struck out ``best information'' and inserted in lieu thereof
``information''.
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(A) \194\ the alleged countervailable subsidy
is inconsistent with the Subsidies Agreement,
and
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\194\ Sec. 214(a)(1)(A) of Public Law 103-465 (108 Stat. 4850)
amended and restated subparas. (A) and (B).
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(B) \194\ there have been massive imports of
the subject merchandise over a relatively short
period.
(2) Suspension of liquidation.--If the determination
of the administering authority under paragraph (1) is
affirmative, then any suspension of liquidation ordered
under subsection (d)(2) \195\ shall apply, or, if
notice of such suspension of liquidation is already
published, be amended to apply, to unliquidated entries
of merchandise entered, or withdrawn from
warehouse,\196\ for consumption on or after the later
of--
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\195\ Sec. 264(c)(2) of Public Law 103-465 (108 Stat. 4914) struck
out ``subsection (d)(1)'' and inserted in lieu thereof ``subsection
(d)(2)''.
\196\ Sec. 215(a)(2) of Public Law 103-465 (108 Stat. 4852) struck
out ``warehouse, for consumption on or after the date which is 90 days
before the date on which suspension of liquidation was first ordered''
and inserted language from ``warehouse,'' through subpara. (B).
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(A) the date which is 90 days before the date
on which the suspension of liquidation was
first ordered, or
(B) the date on which notice of the
determination to initiate the investigation is
published in the Federal Register.
(f) \197\ Notice of Determination.--Whenever the Commission
or the administering authority makes a determination under this
section, the Commission or the administering authority, as the
case may be, shall notify the petitioner, and other parties to
the investigation, and the Commission or the administering
authority (whichever is appropriate) of its determination. The
administering authority shall include with such notification
the facts and conclusions on which its determination is based.
Not later than 5 days after the date on which the determination
is required to be made under subsection (a)(2), the Commission
shall transmit to the administering authority the facts and
conclusions on which its determination is based.
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\197\ Sec. 212(b)(1)(F) of Public Law 103-465 (108 Stat. 4848)
amended and restated subsec. (f).
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(g) \198\ Time Period Where Upstream Subsidization
Involved.--
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\198\ Originally added as subsec. (h) by sec. 613(c) of Public Law
98-573 (98 Stat. 3036). Sec. 1886(a)(3) of Public Law 99-514 (100 Stat.
2921) redesignated subsec. (h) as subsec. (g).
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(1) In general.--Whenever the administering authority
concludes prior to a preliminary determination under
section 703(b), that there is a reasonable basis to
believe or suspect that an upstream subsidy is being
bestowed, the time period within which a preliminary
determination must be made shall be extended to 250
days after the filing of a petition under section
702(b) or initiation \199\ of an investigation under
section 702(a) (310 days in cases declared
extraordinarily complicated under section 703(c)), if
the administering authority concludes that such
additional time is necessary to make the required
determination concerning upstream subsidization.
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\199\ Sec. 233(a)(6)(B) of Public Law 103-465 (108 Stat. 4901)
struck out ``commencement'' and inserted in lieu thereof
``initiation''.
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(2) Exceptions.--Whenever the administering authority
concludes, after a preliminary determination under
section 703(b), that there is a reasonable basis to
believe or suspect that an upstream subsidy is being
bestowed--
(A) in cases in which the preliminary
determination was negative, the time period
within which a final determination must be made
shall be extended to 165 or 225 days, as
appropriate, under section 705(a)(1); \200\ or
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\200\ Sec. 1886(a)(3)(A) of Public Law 99-514 (100 Stat. 2921)
struck out ``days under section 705(a)(1) or 225 days under section
705(a)(2), as appropriate'' and inserted in lieu thereof the words to
this point beginning with ``or 225 days''.
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(B) in cases in which the preliminary
determination is affirmative, the determination
concerning upstream subsidization--
(i) need not be made until the
conclusion of the first annual review
under section 751 of any eventual
Countervailing Duty Order, or, at the
option of the petitioner, or
(ii) will be made in the
investigation and the time period
within which a final determination must
be made shall be extended to 165 or 225
days as appropriate under section
705(a)(1),\201\ as appropriate, except
that the suspension of liquidation
ordered in the preliminary
determination shall terminate at the
end of 120 days from the date of
publication of that determination and
not be resumed unless and until the
publication of a Countervailing Duty
Order under section 706(a).
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\201\ Sec. 1886(a)(3)(A) of Public Law 99-514 (100 Stat. 2921)
struck out ``days under section 705(a)(2)'' and inserted in lieu
thereof the words to this point beginning with ``or 225 days as
appropriate''. The words ``as appropriate'' following this note
probably should have been deleted.
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There may be an extension of time for the making of a final
determination under this subsection only if the administering
authority determines that such additional time is necessary to
make the required determination concerning upstream
subsidization.
SEC. 704.\202\ TERMINATION OR SUSPENSION OF INVESTIGATION.
(a) \203\ Termination of Inspection Upon Withdrawal of
Petition.--
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\202\ 19 U.S.C. 1671c.
\203\ Sec. 604(a)(1) of Public Law 98-573 (98 Stat. 3025) amended
and restated subsec. (a).
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(1) In general.--
(A) \204\ Withdrawal of petition.--Except as
provided in paragraphs (2) and (3), an
investigation under this subtitle may be
terminated by either the administering
authority or the Commission, after notice to
all parties to the investigation, upon
withdrawal of the petition by the petitioner or
by the administering authority if the
investigation was initiated under section
702(a).
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\204\ Sec. 217(a) of Public Law 103-465 (108 Stat. 4853) struck out
``Except'', inserted in lieu thereof ``(A) Withdrawal of petition.--
Except'', indented the newly designated subpara. (A), and added new
subpara. (B).
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(B) Refiling of petition.--If, within 3
months after the withdrawal of a petition under
subparagraph (A), a new petition is filed
seeking the imposition of duties on both the
subject merchandise of the withdrawn petition
and the subject merchandise from another
country, the administering authority and the
Commission may use in the investigation
initiated pursuant to the new petition any
records compiled in an investigation conducted
pursuant to the withdrawn petition. This
subparagraph applies only with respect to the
first withdrawal of a petition.
(2) Special rules for quantitative restriction
agreements.--
(A) In general.--Subject to subparagraphs (B)
and (C), the administering authority may not
terminate an investigation under paragraph (1)
by accepting, with the government of the
country in which the countervailable subsidy
\205\ practice is alleged to occur, an
understanding or other kind of agreement to
limit the volume of imports into the United
States of the subject merchandise \206\ unless
the administering authority is satisfied that
termination on the basis on that agreement is
in the public interest.
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\205\ Sec. 270(a)(1)(E) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' each place it appeared and inserted in lieu
thereof ``countervailable subsidy''.
\206\ Sec. 233(a)(5)(D) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise that is subject to the investigation'' and
inserted in lieu thereof ``subject merchandise''.
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(B) Public interest factors.--In making a
decision under subparagraph (A) regarding the
public interest, the administering authority
shall take into account--
(i) whether, based upon the relative
impact on consumer prices and the
availability of supplies of the
merchandise, the agreement would have a
greater adverse impact on United States
consumers than the imposition of
countervailing duties;
(ii) the relative impact on the
international economic interests of the
United States; and
(iii) the relative impact on the
competitiveness of the domestic
industry producing the like
merchandise, including any such impact
on employment and investment in that
industry.
(C) Prior consultations.--Before making a
decision under subparagraph (A) regarding the
public interest, the administering authority
shall, to the extent practicable, consult
with--
(i) potentially affected consuming
industries; and
(ii) potentially affected producers
and workers in the domestic industry
producing the like merchandise,
including producers and workers not
party to the investigation.
(3) Limitation on termination by commission.--The
Commission may not terminate an investigation under
paragraph (1) before a preliminary determination is
made by the administering authority under section
703(b).
(b) \207\ Agreements To Eliminate or Offset Completely a
Countervailable Subsidy or To Cease Exports of Subject
Merchandise.--The administering authority may suspend an
investigation if the government of the country in which the
countervailable subsidy \205\ practice is alleged to occur
agrees, or exporters who account for substantially all of the
imports of the subject merchandise \208\ agree--
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\207\ Sec. 270(a)(1)(E) and sec. 270(a)(2)(A) of Public Law 103-465
(108 Stat. 4917) both struck out ``Subsidy'' and inserted in lieu
thereof ``Countervailable Subsidy'' in the subsection heading. Sec.
270(c)(1) of that Act struck out ``Subsidized Merchandise'' and
inserted in lieu thereof ``Subject Merchandise'' in the subsection
heading.
\208\ Sec. 233(a)(5)(E) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
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(1) to eliminate the countervailable subsidy \205\
completely or to offset completely the amount of the
net countervailable subsidy,\205\ with respect to that
merchandise exported directly or indirectly to the
United States, within 6 months after the date on which
the investigation is suspended, or
(2) to cease exports of the merchandise to the United
States within 6 months after the date on which the
investigation is suspended.
(c) Agreements Eliminating Injurious Effect.--
(1) General rule.--If the administering authority
determines that extraordinary circumstances are present
in a case, it may suspend an investigation upon the
acceptance of an agreement from a government described
in subsection (b) or from exporters described in
subsection (b), if the agreement will eliminate
completely the injurious effect of the exports to the
United States of the subject merchandise.\209\
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\209\ Sec. 233(a)(5)(F) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
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(2) Certain additional requirements.--Except in the
case of an agreement by a foreign government to
restrict the volume of imports of the subject
merchandise \210\ into the United States, the
administering authority may not accept an agreement
under this subsection unless--
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\210\ Sec. 233(a)(5)(G) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
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(A) the suppression or undercutting of price
levels of domestic products by imports of that
merchandise will be prevented, and
(B) at least 85 percent of the net
countervailable subsidy \205\ will be offset.
(3) Quantitative restrictions agreements.--The
administering authority may accept an agreement with a
foreign government under this subsection to restrict
the volume of imports of subject merchandise \211\ into
the United States, but it may not accept such an
agreement with exporters.
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\211\ Sec. 233(a)(5)(H) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
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(4) Definition of extraordinary circumstances.--
(A) Extraordinary circumstances.--For
purposes of this subsection, the term
``extraordinary circumstances'' means
circumstances in which--
(i) suspension of an investigation
will be more beneficial to the domestic
industry than continuation of the
investigation, and
(ii) the investigation is complex.
(B) Complex.--For purposes of this paragraph,
the term ``complex'' means--
(i) there are a large number of
alleged countervailable subsidy \205\
practices and the practices are
complicated,
(ii) the issues raised are novel, or
(iii) the number of exporters
involved is large.
(d) Additional Rules and Conditions.--
(1) Public interest; monitoring.--The administering
authorities shall not accept an agreement under
subsection (b) or (c) unless--
(A) it is satisfied that suspension of the
investigation is in the public interest, and
(B) effective monitoring of the agreement by
the United States is practicable.
Where practicable, the administering authority shall
provide to the exporters who would have been subject to
the agreement the reasons for not accepting the
agreement and, to the extent possible, an opportunity
to submit comments thereon. In applying \212\
subparagraph (A) with respect to any quantitative
restriction agreement under subsection (c), the
administering authority shall take into account, in
addition to such other factors as are considered
necessary or appropriate, the factors set forth in
subsection (a)(2)(B) (i), (ii), and (iii) as they apply
to the proposed suspension and agreement, after
consulting with the appropriate consuming industries,
producers, and workers referred to in subsection
(a)(2)(C) (i) and (ii).\213\
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\212\ Sec. 216(a) of Public Law 103-465 (108 Stat. 4853) struck out
``In applying'' and inserted text to this point beginning with ``Where
practicable,''.
\213\ Sec. 604(a)(2) of Public Law 98-573 (98 Stat. 3026) amended
subsec. (d) by adding the final sentence in para. (1), by striking out
para. (2), and by redesignating existing para. (3) as para. (2).
Subsequently, sec. 1886(a)(4) of Public Law 99-514 (100 Stat. 2921)
redesignated para. (2) as para. (3) and reinserted the para. (2)
deleted by Public Law 98-573.
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(2) \213\ Exports of merchandise to united states not
to increase during interim period.--The administering
authority may not accept any agreement under subsection
(b) unless that agreement provides a means of ensuring
that the quantity of the merchandise covered by that
agreement exported to the United States during the
period provided for elimination or offset of the
countervailable subsidy \205\ or cessation of exports
does not exceed the quantity of such merchandise
exported to the United States during the most recent
representative period determined by the administering
authority.
(3) \213\ Regulations governing entry or
withdrawals.--In order to carry out an agreement
concluded under subsection (b) or (c), administering
authority is authorized to prescribe regulations
governing the entry, or withdrawal from warehouse, for
consumption of subject merchandise.\214\
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\214\ Sec. 233(a)(5)(I) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise covered by such agreement'' and inserted in
lieu thereof ``subject merchandise''.
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(e) Suspension of Investigation Procedure.--Before an
investigation may be suspended under subsection (b) or (c) the
administering authority shall--
(1) notify the petitioner of, and consult with the
petitioner concerning, its intention to suspend the
investigation, and notify other parties to the
investigation and the Commission not less than 30 days
before the date on which it suspends the investigation.
(2) provide a copy of the proposed agreement to the
petitioner at the time of the notification, together
with an explanation of how the agreement will be
carried out and enforced (including any action required
of foreign governments), and of how the agreement will
meet the requirements of subsections (b) and (d) or (c)
and (d), and
(3) permit all interested parties described in
section 771(9) \215\ to submit comments and information
for the record before the date on which notice of
suspension of the investigation is published under
subsection (f)(1)(A).
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\215\ Sec. 604(a)(3) of Public Law 98-573 (98 Stat. 3026) struck
out ``all parties to the investigation'' and inserted in lieu thereof
``all interested parties described in section 771(9)''.
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(f) Effects of Suspension of Investigation.--
(1) In general.--If the administering authority
determines to suspend an investigation upon acceptance
of an agreement described in subsection (b) or (c),
then--
(A) it shall suspend the investigation,
publish notice of suspension of the
investigation, and issue an affirmative
preliminary determination under section 703(b)
with respect to the subject merchandise,\216\
unless it has previously issued such a
determination in the same investigation,
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\216\ Sec. 233(a)(5)(J) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of an investigation'' and
inserted in lieu thereof ``subject merchandise''.
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(B) the Commission shall suspend any
investigation it is conducting with respect to
that merchandise, and
(C) the suspension of investigation shall
take effect on the day on which such notice is
published.
(2) Liquidation of entries.--
(A) Cessation of exports; complete
elimination of net countervailable
subsidy.\205\ --If the agreement accepted by
the administering authority is an agreement
described in subsection (b), then--
(i) notwithstanding the affirmative
preliminary determination required
under paragraph (1)(A), the liquidation
of entries of subject merchandise \217\
shall not be suspended under section
703(d)(2).\218\
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\217\ Sec. 233(a)(5)(K) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
\218\ Sec. 264(c)(3)(A) of Public Law 103-465 (108 Stat. 4914)
struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(2)''.
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(ii) if the liquidation of entries of
such merchandise was suspended pursuant
to a previous affirmative preliminary
determination in the same case with
respect to such merchandise, that
suspension of liquidation shall
terminate, and
(iii) the administering authority
shall refund any cash deposit and
release any bond or other security
deposited under section
703(d)(1)(B).\219\
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\219\ Sec. 264(c)(3)(B) of Public Law 103-465 (108 Stat. 4914)
struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(1)(B)''.
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(B) Other agreements.--If the agreement
accepted by the administering authority is an
agreement described in subsection (c), then the
liquidation of entries of the subject
merchandise \217\ shall be suspended under
section 703(d)(1),\220\ or, if the liquidation
of entries of such merchandise was suspended
pursuant to a previous affirmative preliminary
determination in the same case, that suspension
of liquidation shall continue in effect,
subject to subsection (h)(3), but the security
required under section 703(d)(1)(B) \221\ may
be adjusted to reflect the effect of the
agreement.
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\220\ Sec. 264(c)(4)(A) of Public Law 103-465 (108 Stat. 4914)
struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(2)''.
\221\ Sec. 264(c)(4)(B) of Public Law 103-465 (108 Stat. 4914)
struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(1)(B)''.
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(3) Where investigation is continued.--If, pursuant
to subsection (g), the administering authority and the
Commission continue an investigation in which an
agreement has been accepted under subsection (b) or
(c), then--
(A) if the final determination by the
administering authority or the Commission under
section 705 is negative, the agreement shall
have no force or effect and the investigation
shall be terminated, or
(B) if the final determinations by the
administering authority and the Commission
under such section are affirmative, the
agreement shall remain in force, but the
administering authority shall not issue a
countervailing duty order in the case so long
as--
(i) the agreement remains in force,
(ii) the agreement continues to meet
the requirements of subsections (b) and
(d) or (c) and (d), and
(iii) the parties to the agreement
carry out their obligations under the
agreement in accordance with its terms.
(g) Investigation To Be Continued Upon Request.--If the
administering authority, within 20 days after the date of
publication of the notice of suspension of an investigation,
receives a request for the continuation of the investigation
from--
(1) the government of the country in which the
countervailable subsidy \205\ practice is alleged to
occur, or
(2) an interested party described in subparagraph
(C), (D), (E), (F), or (G) \160\ of section 771(9)
which is a party to the investigation, then the
administering authority and the Commission shall
continue the investigation.
(h) Review of Suspension.--
(1) In general.--Within 20 days after the suspension
of an investigation under subsection (c), an interested
party which is a party to the investigation and which
is described in subparagraph (C), (D), (E), (F), or (G)
\160\ of section 771(9) may, by petition filed with the
Commission and with notice to the administering
authority, ask for a review of the suspension.
(2) Commission investigation.--Upon receipt of a
review petition under paragraph (1), the Commission
shall, within 75 days after the date on which the
petition is filed with it, determine whether the
injurious effect of imports of the subject merchandise
\222\ is eliminated completely by the agreement. If the
Commission's determination under this subsection is
negative, the investigation shall be resumed on the
date of publication of notice of such determination as
if the affirmative preliminary determination under
section 703(b) had been made on that date.
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\222\ Sec. 233(a)(5)(L) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
---------------------------------------------------------------------------
(3) Suspension of liquidation to continue during
review period.--The suspension of liquidation of
entries of the subject merchandise \222\ shall
terminate at the close of the 20-day period beginning
on the day after the date on which notice of suspension
of the investigation is published in the Federal
Register, or, if a review petition is filed under
paragraph (1) with respect to the suspension of the
investigation, in the case of an affirmative
determination by the Commission under paragraph (2),
the date on which notice of the affirmative
determination by the Commission is published. If the
determination of the Commission under paragraph (2) is
affirmative, then the administering authority shall--
(A) terminate the suspension of liquidation
under section 703(d)(2),\223\ and
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\223\ Sec. 264(c)(5)(A) of Public Law 103-465 (108 Stat. 4914)
struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(2)''.
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(B) release any bond or other security, and
refund any cash deposit, required under section
703(d)(1)(B).\224\
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\224\ Sec. 264(c)(5)(B) of Public Law 103-465 (108 Stat. 4914)
struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(1)(B)''.
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(i) Violation of Agreement.--
(1) In general.--If the administering authority
determines that an agreement accepted under subsection
(b) or (c) is being, or has been, violated, or no
longer meets the requirements of such subsection (other
than the requirement, under subsection (c)(1), of
elimination of injury) and subsection (d), then, on the
date of publication of its determination, it shall--
(A) suspend liquidation under section
703(d)(2) \225\ of unliquidated entries of the
merchandise made on or after the later of--
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\225\ Sec. 264(c)(6) of Public Law 103-465 (108 Stat. 4914) struck
out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(2)''.
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(i) the date which is 90 days before
the date of publication of the notice
of suspension of liquidation, or
(ii) the date on which the
merchandise, the sale or export to the
United States of which was in violation
of the agreement, or under an agreement
which no longer meets the requirements
of subsections (b) and (d) or (c) and
(d), was first entered, or withdrawn
from warehouse, for consumption.
(B) if the investigation was not completed,
resume the investigation as if its affirmative
preliminary determination under section 703(b)
were made on the date of its determination
under this paragraph.
(C) if the investigation was completed under
subsection (g), issue a countervailing duty
order under section 706(a) effective with
respect to entries of merchandise the
liquidation of which was suspended,
(D) \226\ if it considers the violation to be
intentional,\227\ notify the Commissioner of
Customs who shall take appropriate action under
paragraph (2), and
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\226\ Sec. 604(a)(4) of Public Law 98-573 (98 Stat. 3026)
redesignated existing subpara. (D) as subpara. (E) and added a new
subpara. (D).
\227\ Sec. 1886(a)(2)(B) of Public Law 99-514 (100 Stat. 2921)
struck out ``international'' and inserted in lieu thereof
``intentional''.
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(E) \226\ notify the petitioner, interested
parties who are or were parties to the
investigation, and the Commission of its action
under this paragraph.
(2) Intentional violation to be punished by civil
penalty.--Any person who intentionally violates an
agreement accepted by the administering authority under
subsection (b) or (c) shall be subject to a civil
penalty assessed in the same amount, in the same
manner, and under the same procedure, as the penalty
imposed for a fraudulent violation of section 592(a) of
this Act.
(j) Determination Not To Take Agreement Into Account.--In
making a final determination under section 705, or in
conducting a review under section 751, in a case in which the
administering authority has terminated a suspension of
investigation under subsection (i)(1), or continued as
investigation under subsection (g), the Commission and the
administering authority shall consider all of the subject
merchandise,\228\ without regard to the effect of any agreement
under subsection (b) or (c).
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\228\ Sec. 233(a)(5)(M) of Public Law 103-465 (108 Stat. 4899)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
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(k) \229\ Termination of Investigations Initiated by
Administering Authority.--The administering authority may
terminate any investigation initiated by the administering
authority under section 702(a) after providing notice of such
termination to all parties to the investigation.
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\229\ Sec. 604(a)(5) of Public Law 98-573 (98 Stat. 3026) added
subsec. (k).
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(l) \230\ Special Rule for Regional Industry
Investigations.--
---------------------------------------------------------------------------
\230\ Sec. 218(a)(1) of Public Law 103-465 (108 Stat. 4854) added
subsec. (l).
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(1) Suspension agreements.--If the Commission makes a
regional industry determination under section
771(4)(C), the administering authority shall offer
exporters of the subject merchandise who account for
substantially all exports of that merchandise for sale
in the region concerned the opportunity to enter into
an agreement described in subsection (b) or (c).
(2) Requirements for suspension agreements.--Any
agreement described in paragraph (1) shall be subject
to all the requirements imposed under this section for
other agreements under subsection (b) or (c), except
that if the Commission makes a regional industry
determination described in paragraph (1) in the final
affirmative determination under section 705(b) but not
in the preliminary affirmative determination under
section 703(a), any agreement described in paragraph
(1) may be accepted within 60 days after the
countervailing duty order is published under section
706.
(3) Effect of suspension agreement on countervailing
duty order.--If an agreement described in paragraph (1)
is accepted after the countervailing duty order is
published, the administering authority shall rescind
the order, refund any cash deposit and release any bond
or other security deposited under section 703(d)(1)(B),
and instruct the Customs Service that entries of the
subject merchandise that were made during the period
that the order was in effect shall be liquidated
without regard to countervailing duties.
SEC. 705.\231\ FINAL DETERMINATIONS.
(a) Final Determination by Administering Authority.--
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\231\ 19 U.S.C. 1671d.
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(1) \232\ In general.--Within 75 days after the date
of the preliminary determination under section 703(b),
the administering authority shall make a final
determination of whether or not a countervailable
subsidy \233\ is being provided with respect to the
subject merchandise; \234\ except that when an
investigation under this subtitle is initiated
simultaneously with an investigation under subtitle B,
which involves imports of the same class or kind of
merchandise from the same or other countries, the
administering authority, if requested by the
petitioner, shall extend the date of the final
determination under this paragraph to the date of the
final determination of the administering authority in
such investigation initiated under subtitle B.
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\232\ Sec. 606 of Public Law 98-573 (98 Stat. 3029) amended and
restated para. (1).
\233\ Sec. 270(a)(1)(F) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
\234\ Sec. 233(a)(5)(N) of Public Law 103-465 (108 Stat. 4899)
struck out ``the merchandise'' and inserted in lieu thereof ``the
subject merchandise''.
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(2) Critical circumstances determinations.--If the
final determination of the administering authority is
affirmative, then that determination, in any
investigation in which the presence of critical
circumstances has been alleged under section 703(e),
shall also contain a finding as to whether--
(A) the countervailable subsidy \235\ is
inconsistent with the Subsidies Agreement,\236\
and
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\235\ Sec. 270(a)(1)(G) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
\236\ Sec. 214(a)(2)(A)(i) of Public Law 103-465 (108 Stat. 4850)
inserted ``Subsidies'' before ``Agreement''.
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(B) there have been massive imports of the
subject merchandise \237\ over a relatively
short period.
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\237\ Sec. 214(a)(2)(A)(ii) of Public Law 103-465 (108 Stat. 4850)
struck out ``class or kind of merchandise involved'' and inserted in
lieu thereof ``subject merchandise''.
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Such findings may be affirmative even though the
preliminary determination under section 703(e)(1) was
negative.\238\
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\238\ Sec. 605(a)(1) of Public Law 98-573 (98 Stat. 3028) added
this sentence.
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(3) \239\ De minimis countervailable subsidy.--In
making a determination under this subsection, the
administering authority shall disregard any
countervailable subsidy that is de minimis as defined
in section 703(b)(4).
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\239\ Sec. 263(b) of Public Law 103-465 (108 Stat. 4912) added
para. (3).
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(b) Final Determination by Commission.--
(1) In general.--The Commission shall make a final
determination of whether--
(A) an industry in the United States--
(i) is materially injured, or
(ii) is threatened with material
injury, or
(B) the establishment of an industry in the
United States is materially retarded,
by reason of imports, or sales (or the likelihood of
sales) for importation,\240\ of the merchandise with
respect to which the administering authority has made
an affirmative determination under subsection (a). If
the Commission determines that imports of the subject
merchandise are negligible, the investigation shall be
terminated.\241\
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\240\ Sec. 602(a)(2) of Public Law 98-573 (98 Stat. 3024) added the
words ``, or sales (or the likelihood of sales) for importation,''.
Sec. 626(b) of Public Law 98-573 further stated that this amendment
shall apply with respect to investigations initiated by petition or by
the administering authority under subtitles A and B of title VII of the
Tariff Act of 1930 on or after the effective date of this Act (October
30, 1984).
\241\ Sec. 212(b)(1)(B) of Public Law 103-465 (108 Stat. 4848)
added this sentence.
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(2) Period for injury determination following
affirmative preliminary determination by administering
authority.--If the preliminary determination by the
administering authority under section 703(b) is
affirmative then the Commission shall make the
determination required by paragraph (1) before the
later of--
(A) the 120th day after the day on which the
administering authority makes its affirmative
preliminary determination under section 703(b),
or
(B) the 45th day after the day on which the
administering authority makes its affirmative
final determination under subsection (a).
(3) Period for injury determination following
negative preliminary determination by administering
authority.--If the preliminary determination by the
administering authority under section 703(b) is
negative, and its final determination under subsection
(a) is affirmative, then the final determination by the
Commission under this subsection shall be made within
75 days after the date of that affirmative final
determination.
(4) Certain additional findings.--
(A) \242\ Commission standard for retroactive
application.--
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\242\ Sec. 214(a)(2)(B) of Public Law 103-465 (108 Stat. 4850)
amended and restated subpara. (A). It was previously amended and
restated by sec. 1324(a)(3) of Public Law 100-418 (102 Stat. 1200).
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(i) In general--If the finding of the
administering authority under
subsection (a)(2) is affirmative, then
the final determination of the
Commission shall include a finding as
to whether the imports subject to the
affirmative determination under
subsection (a)(2) are likely to
undermine seriously the remedial effect
of the countervailing duty order to be
issued under section 706.
(ii) Factors to consider.--In making
the evaluation under clause (i), the
Commission shall consider, among other
factors it considers relevant--
(I) the timing and the volume
of the imports,
(II) any rapid increase in
inventories of the imports, and
(III) any other circumstances
indicating that the remedial
effect of the countervailing
duty order will be seriously
undermined.
(c) Effect of Final Determinations.--
(1) Effect of affirmative determination by the
administering authority.--If the determination of the
administering authority under subsection (a) is
affirmative, the--
(A) the administering authority shall make
available to the Commission all information
upon which such determination was based and
which the Commission considers relevant to its
determination, under such procedures as the
administering authority and the Commission may
establish to prevent disclosure, other than
with the consent of the party providing it or
under protective order, of any information to
which confidential treatment has been given by
the administering authority,\243\
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\243\ Sec. 264(b) of Public Law 103-465 (108 Stat. 4913) struck out
``and'' at the end of subpara. (A), redesignated subpara. (B) as
subpara. (C), and added a new subpara. (B).
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(B) \243\ (i) the administering authority
shall--
(I) determine an estimated individual
countervailable subsidy rate for each
exporter and producer individually
investigated, and, in accordance with
paragraph (5), an estimated all-others
rate for all exporters and producers
not individually investigated and for
new exporters and producers within the
meaning of section 751(a)(2)(B), or
(II) if section \244\ 777A(e)(2)(B)
applies, determine a single estimated
country-wide subsidy rate, applicable
to all exporters and producers,
---------------------------------------------------------------------------
\244\ Sec. 20(b)(15) of Public Law 104-295 (110 Stat. 3527)
inserted ``section''.
---------------------------------------------------------------------------
(ii) shall order the posting of a cash
deposit, bond, or other security, as the
administering authority deems appropriate, for
each entry of the subject merchandise in an
amount based on the estimated individual
countervailable subsidy rate, the estimated
all-others rate, or the estimated country-wide
subsidy rate, whichever is applicable, and
(C) \243\ in cases where the preliminary
determination by the administering authority
under section 703(b) was negative, the
administering authority shall order the
suspension of liquidation under paragraph (2)
of section 703(d).\245\
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\245\ Sec. 264(b)(1)(ii) of Public Law 103-465 (108 Stat. 4913)
struck out ``under paragraphs (1) and (2) of section 703(d) the
suspension of liquidation and the posting of a cash deposit, bond, or
other security'' and inserted in lieu thereof ``the suspension of
liquidation under paragraph (2) of section 703(d)''.
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(2) Issuance of order; effect of negative
determination.--If the determinations of the
administering authority and the Commission under
subsections (a)(1) and (b)(1) are affirmative, then the
administering authority shall issue a countervailing
duty order under section 706(a). If either of such
determinations is negative, the investigation shall be
terminated upon the publication of notice of that
negative determination and the administering authority
shall--
(A) terminate the suspension of liquidation
under section 703(d)(2),\246\ and
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\246\ Sec. 264(c)(7)(A) of Public Law 103-465 (108 Stat. 4914)
struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(2)''.
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(B) release any bond or other security and
refund any cash deposit required under section
703(d)(1)(B).\247\
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\247\ Sec. 264(c)(7)(B) of Public Law 103-465 (108 Stat. 4914)
struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(1)(B)''.
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(3) Effect of negative determinations under
subsections (a)(2) and (b)(4)(A).--If the determination
of the administering authority or the Commission under
subsection (a)(2) and (b)(4)(A), respectively, is
negative, then the administering authority shall--
(A) terminate any retroactive suspension of
liquidation required under paragraph (4) or
\248\ section 703(e)(2), and
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\248\ Sec. 605(a) of Public Law 98-573 (98 Stat. 3028) amended
subsec. (c) by inserting the reference to para. (4) in para. (3) and by
adding a new para. (4).
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(B) release any bond or other security, and
refund any cash deposit required, under section
703(d)(1)(B) \249\ with respect to entries of
the merchandise the liquidation of which was
suspended retroactively under section
703(e)(2).
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\249\ Sec. 264(c)(8) of Public Law 103-465 (108 Stat. 4914) struck
out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(1)(B)''.
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(4) \248\ Effect of affirmative determination under
subsection (a)(2).--If the determination of the
administering authority under subsection (a)(2) is
affirmative, then the administering authority shall--
(A) in cases where the preliminary
determinations by the administering authority
under sections 703(b) and 703(e)(1) were both
affirmative, continue the retroactive
suspension of liquidation and the posting of a
cash deposit, bond, or other security
previously ordered under section 703(e)(2);
(B) in cases where the preliminary
determination by the administering authority
under section 703(b) was affirmative, but the
preliminary determination under section
703(e)(1) was negative, shall modify any
suspension of liquidation and security
requirement previously ordered under section
703(d) to apply to unliquidated entries of
merchandise entered, or withdrawn from
warehouse, for consumption on or after the date
which is 90 days before the date on which
suspension of liquidation was first ordered; or
(C) in cases where the preliminary
determination by the administering authority
under section 703(b) was negative, shall apply
any suspension of liquidation and security
requirement ordered under subsection
705(c)(1)(B) to unliquidated entries of
merchandise entered, or withdrawn from
warehouse, for consumption on or after the date
which is 90 days before the date on which
suspension of liquidation is first ordered.
(5) \250\ Method for determining the all-others rate
and the country-wide subsidy rate.--
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\250\ Sec. 265(b)(2) of Public Law 103-465 (108 Stat. 4913) added
para. (5).
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(A) All-others rate.--
(i) General rule.--For purposes of
this subsection and section 703(d), the
all-others rate shall be an amount
equal to the weighted average
countervailable subsidy rates
established for exporters and producers
individually investigated, excluding
any zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776.
(ii) Exception.--If the
countervailable subsidy rates
established for all exporters and
producers individually investigated are
zero or de minimis rates, or are
determined entirely under section 776,
the administering authority may use any
reasonable method to establish an all-
others rate for exporters and producers
not individually investigated,
including averaging the weighted
average countervailable subsidy rates
determined for the exporters and
producers individually investigated.
(B) Country-wide subsidy rate.--The
administering authority may calculate a single
country-wide subsidy rate, applicable to all
exporters and producers, if the administering
authority limits its examination pursuant to
section 777A(e)(2)(B). The estimated country-
wide rate determined under section
703(d)(1)(A)(ii) or paragraph (1)(B)(i)(II) of
this subsection shall be based on industry-wide
data regarding the use of subsidies determined
to be countervailable.
(d) Publication of Notice of Determinations.--Whenever the
administering authority or the Commission makes a determination
under this section, it shall notify the petitioner, other
parties to the investigation, and the other agency of its
determination and of the facts and conclusions of law upon
which the determination is based, and it shall publish notice
of its determination in the Federal Register.
(e) \251\ Correction of Ministerial Errors.--The
administering authority shall establish procedures for the
correction of ministerial errors in final determinations within
a reasonable time after the determinations are issued under
this section. Such procedures shall ensure opportunity for
interested parties to present their views regarding any such
errors. As used in this subsection, the term ``ministerial
error'' includes errors in addition, subtraction, or other
arithmetic function, clerical errors resulting from inaccurate
copying, duplication, or the like, and any other type of
unintentional error which the administering authority considers
ministerial.
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\251\ Sec. 1333(a) of Public Law 100-418 (102 Stat. 1209) added
subsec. (e).
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SEC. 706.\252\ ASSESSMENT OF DUTY.
(a) Publication of Countervailing Duty Order.--Within 7
days after being notified by the Commission of an affirmative
determination under section 705(b), the administering authority
shall publish a countervailing duty order which--
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\252\ 19 U.S.C. 1671e.
---------------------------------------------------------------------------
(1) directs customs officers to assess a
countervailing duty equal to the amount of the net
countervailable subsidy \253\ determined or estimated
to exist, within 6 months after the date on which the
administering authority receives satisfactory
information upon which the assessment may be based, but
in no event later than 12 months after the end of the
annual accounting period of the manufacturer or
exporter within which the merchandise is entered, or
withdrawn from warehouse, for consumption,
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\253\ Sec. 270(a)(1)(H) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
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(2) \254\ includes a description of the subject
merchandise,\255\ in such detail as the administering
authority deems necessary, and
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\254\ Sec. 265 of Public Law 103-465 (108 Stat. 4914) struck out
para. (2) and redesignated paras. (3) and (4) as paras. (2) and (3).
Sec. 607 of Public Law 98-573 (98 Stat. 3029) had added the original
para. (2).
\255\ Sec. 233(a)(5)(O) of Public Law 103-465 (108 Stat. 4899)
struck out ``class or kind of merchandise to which it applies'' and
inserted in lieu thereof ``subject merchandise''.
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(3) \254\ requires the deposit of estimated
countervailing duties pending liquidation of entries on
the merchandise are deposited.
(b) Imposition of Duties.--
(1) General rule.--If the Commission, it its final
determination under section 705(b), finds material
injury or threat of material injury which, but for the
suspension of liquidation under section 703(d)(2),\256\
would have led to a finding of material injury, then
entries of the merchandise subject to the
countervailing duty order, the liquidation of which has
been suspended under section 703(d)(2),\250\ shall be
subject to the imposition of countervailing duties
under section 701(a).
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\256\ Sec. 264(c)(9) of Public Law 103-465 (108 Stat. 4914) struck
out ``section 703(d)(1)'' and inserted in lieu thereof ``section
703(d)(2)''.
---------------------------------------------------------------------------
(2) Special rule.--If the Commission, in its final
determination under section 705(b), finds threat of
material injury, other than threat of material injury
described in paragraph (1), or material retardation of
the establishment of an industry in the United States,
then merchandise subject to a countervailing duty order
which is entered, or withdrawn from warehouse, for
consumption on or after the date of publication of
notice of an affirmative determination of the
Commission under section 705(b) shall be subject to the
imposition of countervailing duties under section
701(a), and the administering authority shall release
any bond or other security, and refund any cash deposit
made, to secure the payment of countervailing duties
with respect to entries of the merchandise entered, or
withdrawn from warehouse, for consumption before that
date.
(c) \257\ Special Rule for Regional Industries.--
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\257\ Sec. 218(b)(1) of Public Law 103-465 (108 Stat. 4855) added
subsec. (c).
---------------------------------------------------------------------------
(1) In general.--In an investigation under this
subtitle in which the Commission makes a regional
industry determination under section 771(4)(C), the
administering authority shall, to the maximum extent
possible, direct that duties be assessed only on the
subject merchandise of the specific exporters or
producers that exported the subject merchandise for
sale in the region concerned during the period of
investigation.
(2) Exception for new exporters and producers.--After
publication of the countervailing duty order, if the
administering authority finds that a new exporter or
producer is exporting the subject merchandise for sale
in the region concerned, the administering authority
shall direct that duties be assessed on the subject
merchandise of the new exporter or producer consistent
with the provisions of section 751(a)(2)(B).
SEC. 707.\258\ TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMATED
COUNTERVAILING DUTY AND FINAL ASSESSED DUTY UNDER
COUNTERVAILING DUTY ORDER.
(a) Deposit of Estimated Countervailing Duty Under Section
703(d)(1)(B).--If the amount of a cash deposit, or the amount
of any bond or other security, required as security for an
estimated countervailing duty under section 703(d)(1)(B) \259\
is different from the amount of the countervailing duty
determined under a countervailing duty order issued under
section 706, then the difference for entries of merchandise
entered, or withdrawn from warehouse, for consumption before
notice of the affirmative determination of the Commission under
section 705(b) is published shall be--
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\258\ 19 U.S.C. 1671f.
\259\ Sec. 264(c)(10) of Public Law 103-465 (108 Stat. 4914) struck
out ``section 703(d)(2)'' and inserted in lieu thereof ``section
703(d)(1)(B)''.
---------------------------------------------------------------------------
(1) disregarded, to the extent that the cash deposit,
bond, or other security is lower than the duty under
the order, or
(2) refunded or released, to the extent that the cash
deposit, bond, or other security is higher than the
duty under the order.
(b) Deposit of Estimated Countervailing Duty Under Section
706(a)(3).--If the amount of an estimated countervailing duty
deposited under section 706(a)(3) is different from the amount
of the countervailing duty determined under a countervailing
duty order issued under section 706, then the difference for
entries of merchandise entered, or withdrawn from warehouse,
for consumption after notice of the affirmative determination
of the Commission under section 705(b) is published shall be--
(1) collected, to the extent that the deposit under
section 706(a)(3) is lower than the duty determined
under the order, or
(2) refunded, to the extent that the deposit under
section 706(a)(3) is higher than the duty determined
under the order,
together with interest as provided by section 778.
SEC. 708.\260\ EFFECT OF DEROGATION OF EXPORT-IMPORT BANK FINANCING.
Nothing in this title shall be interpreted as superseding
the provisions of section 1912 of the Export-Import Bank Act
Amendments of 1978, except that in the event of an assessment
of duty based on a derogation under section 706 or action under
section 703(d)(1)(B),\261\ the Secretary of the Treasury shall
not authorize the Bank to provide guarantees, insurance and
credits to competing United States sellers pursuant to section
1912 of such Act.
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\260\ 19 U.S.C. 1671g. Sec. 650(c) of the Export-Import Bank Act
Amendments of 1983 (title VI of Public Law 98-181; 97 Stat. 1266) added
sec. 708. Sec. 1886(a)(2) of Public Law 99-514 (100 Stat. 2921) added
the section heading.
\261\ Sec. 264(c)(11) of Public Law 103-465 (108 Stat. 4914) struck
out ``section 703(d)(2)'' and inserted in lieu thereof ``section
703(d)(1)(B)''.
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SEC. 709.\262\ CONDITIONAL PAYMENT OF COUNTERVAILING DUTY.
(a) In General.--For all entries, or withdrawals from
warehouse, for consumption of merchandise subject to a
countervailing duty order on or after the date of publication
of such order, no customs officer may deliver merchandise of
that class or kind to the person by whom or for whose account
it was imported unless that person complies with the
requirement of subsection (b) and deposits with the appropriate
customs officer an estimated countervailing duty in an amount
determined by the administering authority.
---------------------------------------------------------------------------
\262\ 19 U.S.C. 1671h. Sec. 608 of Public Law 98-573 (98 Stat.
3029) added sec. 709.
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(b) Importer Requirements.--In order to meet the
requirements of this subsection, a person shall--
(1) furnish, or arrange to have furnished, to the
appropriate customs officer such information as the
administering authority deems necessary for
ascertaining any countervailing duty to be imposed
under this subtitle,
(2) maintain and furnish to the customs officer such
records concerning such merchandise as the
administering authority, by regulation, requires, and
(3) pay, or agree to pay on demand, to the customs
officer the amount of countervailing duty imposed under
this subtitle on that merchandise.
Subtitle B--Imposition of Antidumping Duties \263\
SEC. 731.\264\ ANTIDUMPING DUTIES IMPOSED.
If--
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\263\ Subtitle B, as added by Public Law 96-39, replaces the
Antidumping Act of 1921, which was repealed by Public Law 96-39.
\264\ 19 U.S.C. 1673.
---------------------------------------------------------------------------
(1) the administering authority determines that a
class or kind of foreign merchandise is being, or is
likely to be, sold in the United States at less than
its fair value, and
(2) the Commission determines that--
(A) an industry in the United States--
(i) is materially injured, or
(ii) is threatened with material
injury, or
(B) the establishment of an industry in the
United States is materially retarded,
by reason of imports of that merchandise or by reason
of sales (or the likelihood of sales) of that
merchandise for importation,\265\
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\265\ Sec. 602(b) of Public Law 98-573 (98 Stat. 3024) amended sec.
731 by inserting the words ``or by reason of sales (or the likelihood
of sales) of that merchandise for importation'', and by adding the
final sentence.
Sec. 626(b) of Public Law 98-573 further stated that this amendment
shall apply with respect to investigations initiated by petition or by
the administering authority under subtitles A and B of title VII of the
Tariff Act of 1930 on or after the effective date of this Act (October
30, 1984).
Sec. 626(c) of Public Law 98-573 (98 Stat. 3042) further provided
the following:
``(c)(1) No provision of title VII of the Tariff Act of 1980 shall
be interpreted to prevent the refilling of a petition under section 702
or 732 of that title that was filed before the date of the enactment of
this title, if the purpose of such refiling is to avail the petitioner
of the amendment made by section 612(a)(1).
``(2) The amendment made by section 612(a)(1) shall not apply with
respect to petitions filed (or refiled under paragraph (1)) under
section 702 or 732 of the Tariff Act of 1930 after September 30,
1986.''.
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then there shall be imposed upon such merchandise an
antidumping duty, in addition to any other duty imposed, in an
amount equal to the amount by which the normal value \266\
exceeds the export price (or the constructed export price)
\267\ for the merchandise. For purposes of this section and
section 735(b)(1), a reference to the sale of foreign
merchandise includes the entering into of any leasing
arrangement regarding the merchandise that is equivalent to the
sale of the merchandise.\265\
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\266\ Sec. 233(a)(1)(A) of Public Law 103-465 (108 Stat. 4898)
struck out ``foreign market value'' and inserted in lieu thereof
``normal value''.
\267\ Sec. 233(a)(2)(A)(i) of Public Law 103-465 (108 Stat. 4898)
struck out ``United States price'' and inserted in lieu thereof
``export price (or the constructed export price)''.
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SEC. 732.\268\ PROCEDURES FOR INITIATING AN ANTIDUMPING DUTY
INVESTIGATION.
(a) \269\ Initiation by Administering Authority.--
---------------------------------------------------------------------------
\268\ 19 U.S.C. 1673a.
\269\ Sec. 609 of Public Law 98-573 (98 Stat. 3030) amended and
restated subsec. (a). Subsec. (a) previously read as follows:
``(a) Initiation by Administering Authority.--An antidumping duty
investigation shall be commenced whenever the administering authority
determines, from information available to it, that a formal
investigation is warranted into the question of whether the elements
necessary for the imposition of a duty under section 731 exist.''.
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(1) In general.--An antidumping duty investigation
shall be initiated \270\ whenever the administering
authority determines, from information available to it,
that a formal investigation is warranted into the
question of whether the elements necessary for the
imposition of a duty under section 731 exist.
---------------------------------------------------------------------------
\270\ Sec. 233(a)(6)(A)(v) of Public Law 103-465 (108 Stat. 4901)
struck out ``commenced'' and inserted in lieu thereof ``initiated''.
---------------------------------------------------------------------------
(2) Cases involving persistent dumping.--
(A) Monitoring.--The administering authority
may establish a monitoring program with respect
to imports of a class or kind of merchandise
from any additional supplier country for a
period not to exceed one year if--
(i) more than one antidumping order
is in effect with respect to that class
or kind of merchandise;
(ii) in the judgment of the
administering authority there is reason
to believe or suspect an extraordinary
pattern of persistent injurious dumping
from one or more additional supplier
countries; and
(iii) in the judgment of the
administering authority this
extraordinary pattern is causing a
serious commercial problem for the
domestic industry.
(B) If during the period of monitoring
referred to in subparagraph (A), the
administering authority determines that there
is sufficient information to initiate \271\ a
formal investigation under this subsection
regarding an additional supplier country, the
administering authority shall immediately
commence such an investigation.
---------------------------------------------------------------------------
\271\ Sec. 233(a)(6)(C) of Public Law 103-465 (108 Stat. 4901)
struck out ``commence'' and inserted in lieu thereof ``initiate''.
---------------------------------------------------------------------------
(C) Definition.--For purposes of this
paragraph, the term ``additional supplier
country'' means a country regarding which no
antidumping investigation is currently pending,
and no antidumping duty order is currently in
effect, with respect to imports of the class or
kinds of merchandise covered by subparagraph
(A).
(D) Expeditious action.--The administering
authority and the Commission, to the extent
practicable, shall expedite proceedings under
this subtitle undertaken as a result of a
formal investigation initiated \272\ under
subparagraph (B).
---------------------------------------------------------------------------
\272\ Sec. 233(a)(6)(A)(vi) of Public Law 103-465 (108 Stat. 4901)
struck out ``commenced'' and inserted in lieu thereof ``initiated''.
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(b) Initiation by Petition.--
(1) Petition requirements.--An antidumping proceeding
shall be initiated \273\ whenever an interested party
described in subparagraph (C), (D), (E), (F), or (G)
\160\ of section 771(9) files a petition with the
administering authority, on behalf of an industry,
which alleges the elements necessary for the imposition
of the duty imposed by section 731, and which is
accompanied by information reasonably available to the
petitioner supporting those allegations. The petition
may be amended at such time, and upon such conditions,
as the administering authority and the Commission may
permit.
---------------------------------------------------------------------------
\273\ Sec. 233(a)(6)(A)(vii) of Public Law 103-465 (108 Stat. 4901)
struck out ``commenced'' and inserted in lieu thereof ``initiated''.
---------------------------------------------------------------------------
(2) Simultaneous filing with commission.--The
petitioner shall file a copy of the petition with the
Commission on the same day as it is filed with the
administering authority.
(3) \274\ Action with respect to petitions.--
---------------------------------------------------------------------------
\274\ Sec. 211(b) of Public Law 103-465 (108 Stat. 4843) added
para. (3).
---------------------------------------------------------------------------
(A) Notification of governments.--Upon
receipt of a petition filed under paragraph
(1), the administering authority shall notify
the government of any exporting country named
in the petition by delivering a public version
of the petition to an appropriate
representative of such country.
(B) Acceptance of communications.--The
administering authority shall not accept any
unsolicited oral or written communication from
any person other than an interested party
described in section 771(9) (C), (D), (E), (F),
or (G) \160\ before the administering authority
makes its decision whether to initiate an
investigation, except as provided in subsection
(c)(4)(D), and except for inquiries regarding
the status of the administering authority's
consideration of the petition.
(C) Nondisclosure of certain information.--
The administering authority and the Commission
shall not disclose information with regard to
any draft petition submitted for review and
comment before it is filed under paragraph (1).
(c) \275\ Petition Determination.--
---------------------------------------------------------------------------
\275\ Sec. 212(a)(2) of Public Law 103-465 (108 Stat. 4845) amended
and restated subsec. (c).
---------------------------------------------------------------------------
(1) In general.--
(A) Time for initial determination.--Except
as provided in subparagraph (B), within 20 days
after the date on which a petition is filed
under subsection (b), the administering
authority shall--
(i) after examining, on the basis of
sources readily available to the
administering authority, the accuracy
and adequacy of the evidence provided
in the petition, determine whether the
petition alleges the elements necessary
for the imposition of a duty under
section 731 and contains information
reasonably available to the petitioner
supporting the allegations, and
(ii) determine if the petition has
been filed by or on behalf of the
industry.
(B) Extension of time.--In any case in which
the administering authority is required to poll
or otherwise determine support for the petition
by the industry under paragraph (4)(D), the
administering authority may, in exceptional
circumstances, apply subparagraph (A) by
substituting ``a maximum of 40 days'' for ``20
days''.
(C) Time limits where petition involves same
merchandise as an order that has been
revoked.--If a petition is filed under this
section with respect to merchandise that was
the subject merchandise of--
(i) an antidumping duty order or
finding that was revoked under section
751(d) in the 24 months preceding the
date the petition is filed, or
(ii) a suspended investigation that
was terminated under section 751(d) in
the 24 months preceding the date the
petition is filed,
the administering authority and the Commission
shall, to the maximum extent practicable,
expedite any investigation initiated under this
section with respect to the petition.
(2) Affirmative determinations.--If the
determinations under clauses (i) and (ii) of paragraph
(1)(A) are affirmative, the administering authority
shall initiate an investigation to determine whether
the subject merchandise is being, or is likely to be,
sold in the United States at less than its fair value.
(3) Negative determinations.--If the determination
under clause (i) or (ii) of paragraph (1)(A) is
negative, the administering authority shall dismiss the
petition, terminate the proceeding, and notify the
petitioner in writing of the reasons for the
determination.
(4) Determination of industry support.--
(A) General rule.--For purposes of this
subsection, the administering authority shall
determine that the petition has been filed by
or on behalf of the industry, if--
(i) the domestic producers or workers
who support the petition account for at
least 25 percent of the total
production of the domestic like
product, and
(ii) the domestic producers or
workers who support the petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the
industry expressing support for or
opposition to the petition.
(B) Certain positions disregarded.--
(i) Producers related to foreign
producers.--In determining industry
support under subparagraph (A), the
administering authority shall disregard
the position of domestic producers who
oppose the petition, if such producers
are related to foreign producers, as
defined in section 771(4)(B)(ii),
unless such domestic producers
demonstrate that their interests as
domestic producers would be adversely
affected by the imposition of an
antidumping duty order.
(ii) Producers who are importers.--
The administering authority may
disregard the position of domestic
producers of a domestic like product
who are importers of the subject
merchandise.
(C) Special rule for regional industries.--If
the petition alleges the industry is a regional
industry, the administering authority shall
determine whether the petition has been filed
by or on behalf of the industry by applying
subparagraph (A) on the basis of production in
the region.
(D) Polling the industry.--If the petition
does not establish support of domestic
producers or workers accounting for more than
50 percent of the total production of the
domestic like product, the administering
authority shall--
(i) poll the industry or rely on
other information in order to determine
if there is support for the petition as
required by subparagraph (A), or
(ii) if there is a large number of
producers in the industry, the
administering authority may determine
industry support for the petition by
using any statistically valid sampling
method to poll the industry.
(E) Comments by interested parties.--Before
the administering authority makes a
determination with respect to initiating an
investigation, any person who would qualify as
an interested party under section 771(9) if an
investigation were initiated, may submit
comments or information on the issue of
industry support. After the administering
authority makes a determination with respect to
initiating an investigation, the determination
regarding industry support shall not be
reconsidered.
(5) Definition of domestic producers or workers.--For
purposes of this subsection, the term ``domestic
producers or workers'' means those interested parties
who are eligible to file a petition under subsection
(b)(1).\276\
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\276\ Sec. 20(b)(4) of Public Law 104-295 (110 Stat. 3527) struck
out ``(b)(1)(A)'' and inserted in lieu thereof ``(b)(1)''.
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(d) Notification to Commission of Determination.--The
administering authority shall--
(1) notify the Commission immediately of any
determination it makes under subsection (a) or (c), and
(2) if the determination is affirmative, make
available to the Commission such information as it may
have relating to the matter under investigation, under
such procedures as the administering authority and the
Commission may establish to prevent disclosure, other
than with the consent of the party providing it or
under protective order, of any information to which
confidential treatment has been given by the
administering authority.
(e) \277\ Information Regarding Critical Circumstances.--If,
at any time after the initiation of an investigation under this
subtitle, the administering authority finds a reasonable basis
to suspect that--
---------------------------------------------------------------------------
\277\ Sec. 1324(b)(1) of Public Law 100-418 (102 Stat. 1200) added
subsec. (e).
---------------------------------------------------------------------------
(1) there is a history of dumping in the United
States or elsewhere of the subject merchandise,\278\ or
---------------------------------------------------------------------------
\278\ Sec. 233(a)(5)(P) of Public Law 103-465 (108 Stat. 4900)
struck out ``class or kind of the merchandise which is the subject of
the investigation'' and inserted in lieu thereof ``the subject
merchandise'', resulting in a double ``the''. Sec. 20(b)(8) of Public
Law 104-295 (110 Stat. 3527) struck out the second ``the''.
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(2) the person by whom, or for whose account, the
merchandise was imported knew, or should have known,
that the exporter was selling the merchandise which is
the subject of the investigation at less than its fair
value,
the administering authority may request the Commissioner of
Customs to compile information on an expedited basis regarding
entries of the subject merchandise.\279\ Upon receiving such
request, the Commissioner of Customs shall collect information
regarding the volume and value of entries of the subject
merchandise \279\ and shall transmit such information to the
administering authority at such times as the administering
authority shall direct (at least once every 30 days), until a
final determination is made under section 735(a), the
investigation is terminated, or the administering authority
withdraws the request.
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\279\ Sec. 233(a)(5)(Q) and (R) of Public Law 103-465 (108 Stat.
4900) struck out ``class or kind of the merchandise which is the
subject of the investigation'' and ``class or kind of the merchandise
that is the subject of the investigation'', and inserted in lieu
thereof ``subject merchandise''.
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SEC. 733.\280\ PRELIMINARY DETERMINATIONS.
(a) \281\ Determination by Commission of Reasonable
Indication of Injury.--
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\280\ 19 U.S.C. 1673b. Sec. 101 of Public Law 96-39 (93 Stat. 163)
added sec. 733.
\281\ Sec. 212(b)(2)(A) of Public Law 103-465 (108 Stat. 4848)
amended and restated subsec. (a).
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(1) General rule.--Except in the case of a petition
dismissed by the administering authority under section
732(c)(3), the Commission, within the time specified in
paragraph (2), shall determine, based on the
information available to it at the time of the
determination, whether there is a reasonable indication
that--
(A) an industry in the United States--
(i) is materially injured, or
(ii) is threatened with material
injury, or
(B) the establishment of an industry in the
United States is materially retarded,
by reason of imports of the subject merchandise and
that imports of the subject merchandise are not
negligible. If the Commission finds that imports of the
subject merchandise are negligible or otherwise makes a
negative determination under this paragraph, the
investigation shall be terminated.
(2) Time for commission determination.--The
Commission shall make the determination described in
paragraph (1)--
(A) in the case of a petition filed under
section 732(b)--
(i) within 45 days after the date on
which the petition is filed, or
(ii) if the time has been extended
pursuant to section 732(c)(1)(B),
within 25 days after the date on which
the Commission receives notice from the
administering authority of initiation
of the investigation, and
(B) in the case of an investigation initiated
under section 732(a), within 45 days after the
date on which the Commission receives notice
from the administering authority that an
investigation has been initiated under such
section.
(b) Preliminary Determination by Administering Authority.--
(1) \282\ Period of antidumping duty investigation.--
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\282\ Sec. 1323(b) of Public Law 100-418 (102 Stat. 1198) amended
and restated para. (1).
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(A) In general.--Except as provided in
subparagraph (B), 140 days after the date on
which the administering authority initiates an
investigation under section 732(c),\283\ or an
investigation is initiated \284\ under section
732(a), but not before an affirmative
determination by the Commission under
subsection (a) of this section, the
administering authority shall make a
determination, based upon the information \285\
available to it at the time of the
determination, of whether there is a reasonable
basis to believe or suspect that the
merchandise is being sold, or is likely to be
sold, at less than fair value.\286\
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\283\ Sec. 212(b)(2)(C)(i)(I) of Public Law 103-465 (108 Stat.
4849) struck out ``within 160 days after the date on which a petition
is filed under section 732(b)'' and inserted in lieu thereof ``140 days
after the date on which the administering authority initiates an
investigation under section 732(c)''.
\284\ Sec. 233(a)(6)(A)(viii) of Public Law 103-465 (108 Stat.
4901) struck out ``commenced'' and inserted in lieu thereof
``initiated''.
\285\ Sec. 212(b)(2)(C)(i)(II) of Public Law 103-465 (108 Stat.
4849) struck out ``best information'' and inserted in lieu thereof
``information''.
\286\ Sec. 219(a)(2) of Public Law 103-465 (108 Stat. 4856) deleted
``If the determination of the administering authority under this
subsection is affirmative, the determination shall include the
estimated average amount by which the foreign market value exceeds the
United States price.'' at this point.
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(B) If certain short life cycle merchandise
involved.--If a petition filed under section
732(b), or an investigation initiated \284\
under section 732(a), concerns short life cycle
merchandise that is included in a product
category established under section 739(a),
subparagraph (A) shall be applied--
(i) by substituting ``100 days'' for
``140 days'' \287\ if manufacturers
that are second offenders account for a
significant proportion of the
merchandise under investigation, and
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\287\ Sec. 212(b)(2)(C)(ii) of Public Law 103-465 (108 Stat. 4849)
struck out ``120'' and ``160'' and inserted ``100'' and ``140''
respectively.
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(ii) by substituting ``80 days'' for
``140 days'' \288\ if manufacturers
that are multiple offenders account for
a significant proportion of the
merchandise under investigation.
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\288\ Sec. 212(b)(2)(C)(ii) of Public Law 103-465 (108 Stat. 4849)
struck out ``100'' and ``160'' and inserted ``80'' and ``140''
respectively.
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(C) Definitions of offenders.--For purposes
of subparagraph (B)--
(i) The term ``second offender''
means a manufacturer that is specified
in 2 affirmative dumping determinations
(within the meaning of section 739) as
the manufacturer of short life cycle
merchandise that is--
(I) specified in both such
determinations, and
(II) within the scope of the
product category referred to in
subparagraph (B).
(ii) The term ``multiple offender''
means a manufacturer that is specified
in 3 or more affirmative dumping
determinations (within the meaning of
section 739) as the manufacturer of
short life cycle merchandise that is--
(I) specified in each of such
determinations, and
(II) within the scope of the
product category referred to in
subparagraph (B).
(2) Preliminary determination under waiver of
verification.--Within 75 days after the initiation of
an investigation to administering authority shall cause
an official designated for such purpose to review the
information concerning the case received during the
first 60 days of the investigation, and if there
appears to be sufficient information available upon
which the preliminary determination can reasonably be
based, to disclose to the petitioner and any interested
party, then a party to the proceedings that requests
such disclosure, all available nonconfidential
information and all other information which is
disclosed pursuant to section 777. Within 3 days (not
counting Saturdays, Sundays, or legal public holidays)
after such disclosure, the petitioner and each party
which is an interested party described in subparagraph
(C), (D), or (E) of section 771(9) to whom such
disclosure was made may furnish to the administering
authority an irrevocable written waiver of verification
of the information received by the authority, and an
agreement that it is willing to have a preliminary
determination made on the basis of the record then
available to the authority. If a timely waiver and
agreement have been received from the petitioner and
each party which is an interested party described in
subparagraph (C), (D), or (E) of section 771(9) to whom
the disclosure was made, and the authority finds that
sufficient information is then available upon which the
preliminary determination can reasonably be based, a
preliminary determination shall be made within 90 days
after the initiation \289\ of the investigation on the
basis of the record established during the first 60
days after the investigation was initiated.\290\
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\289\ Sec. 233(a)(6)(B) of Public Law 103-465 (108 Stat. 4901)
struck out ``commencement'' and inserted in lieu thereof
``initiation''.
\290\ Sec. 233(a)(6)(A)(ix) of Public Law 103-465 (108 Stat. 4901)
struck out ``commenced'' and inserted in lieu thereof ``initiated''.
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(3) \291\ De minimis dumping margin.--In making a
determination under this subsection, the administering
authority shall disregard any weighted average dumping
margin that is de minimis. For purposes of the
preceding sentence, a weighted average dumping margin
is de minimis if the administering authority determines
that it is less than 2 percent ad valorem or the
equivalent specific rate for the subject merchandise.
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\291\ Sec. 213(a) of Public Law 103-465 (108 Stat. 4850) added
para. (3).
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(c) Extension of Period in Extraordinarily Complicated
Cases.--
(1) In general.--If--
(A) the petitioner makes a timely request for
an extension of the period within which the
determination must be made under subsection
(b)(1), or
(B) the administering authority concludes
that the parties concerned are cooperating and
determines that--
(i) the case is extraordinarily
complicated by reason of--
(I) the number and complexity
of the transactions to be
investigated or adjustments to
be considered,
(II) the novelty of the
issues presented, or
(III) the number of firms
whose activities must be
investigated, and
(ii) additional time is necessary to
make the preliminary determination,
then the administering authority may postpone making
the preliminary determination under subsection (b)(1)
until not later than the 190th day after the date on
which the administering authority initiates an
investigation under section 732(c),\292\ or an
investigation is initiated \293\ under section 732(a).
No extension of a determination date may be made under
this paragraph for any investigation in which a
determination date provided for in subsection (b)(1)(B)
applies unless the petitioner submits written notice to
the administering authority of its consent to the
extension.\294\
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\292\ Sec. 212(b)(2)(D) of Public Law 103-465 (108 Stat. 4849)
struck out ``210th day after the date on which a petition is filed
under section 732(b)'' and inserted in lieu thereof ``190th day after
the date on which the administering authority initiates an
investigation under section 732(c)''.
\293\ Sec. 233(a)(6)(A)(x) of Public Law 103-465 (108 Stat. 4901)
struck out ``commenced'' and inserted in lieu thereof ``initiated''.
\294\ Sec. 1323(b)(2) of Public Law 100-418 (102 Stat. 1199)
inserted this sentence.
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(2) Notice of postponement.--The administering
authority shall notify the parties to the
investigation, not later than 20 days before the date
on which the preliminary determination would otherwise
be required under subsection (b)(1), if it intends to
postpone making the preliminary determination under
paragraph (1). The notification shall include an
explanation of the reasons for the postponement, and
notice of the postponement shall be published in the
Federal Register.
(d) Effect of Determination by the Administering
Authority.--If the preliminary determination of the
administering authority under subsection (b) is affirmative,
the administering authority--
(1) \295\ (A) shall--
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\295\ Sec. 219(a)(1) of Public Law 103-465 (108 Stat. 4855) struck
out para. (2); redesignated para. (1) as para. (2); inserted ``and'' at
the end of para. (2); and added a new para. (1).
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(i) determine an estimated weighted average
dumping margin for each exporter and producer
individually investigated, and
(ii) determine, in accordance with section
735(c)(5), an estimated all-others rate for all
exporters and producers not individually
investigated, and
(B) shall order the posting of a cash deposit, bond,
or other security, as the administering authority deems
appropriate, for each entry of the subject merchandise
in an amount based on the estimated weighted average
dumping margin or the estimated all-others rate,
whichever is applicable,
(2) \295\ shall order the suspension of liquidation
of all entries of merchandise subject to the
determination which are entered, or withdrawn from
warehouse, for consumption on or after the later of--
(A) the date on which notice of the
determination is published in the Federal
Register, or
(B) the date that is 60 days after the date
on which notice of the determination to
initiate the investigation is published in the
Federal Register, and \296\
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\296\ Sec. 215(b)(1)(A) of Public Law 103-465 (108 Stat. 4852)
struck out ``warehouse, for consumption on or after the date of
publication of the notice of the determination in the Federal
Register'' and inserted in lieu thereof language from ``warehouse,''
through subpara. (B).
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(3) shall make available to the Commission all
information upon which such determination was based and
which the Commission considers relevant to its injury
determination, under such procedures as the
administering authority and the Commission may
establish to prevent disclosure, other than with the
consent of the party providing it or under protective
order, of any information to which confidential
treatment has been given by the administering
authority.
The instructions of the administering authority under
paragraphs (1) and (2) may not remain in effect for more than 4
months, except that the administering authority may, at the
request of exporters representing a significant proportion of
exports of the subject merchandise, extend that 4-month period
to not more than 6 months.\297\
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\297\ Sec. 215(b)(1)(B) of Public Law 103-465 (108 Stat. 4852)
added this sentence.
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(e) Critical Circumstances Determinations.--
(1) In general.--If a petitioner alleges critical
circumstances in its original petition, or by amendment
at any time more than 20 days before the date of a
final determination by the administering authority,
then the administering authority shall promptly (at any
time after the initiation of the investigation under
this subtitle) \298\ determine, on the basis of the
information \299\ available to it at that time, whether
there is a reasonable basis to believe or suspect
that--
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\298\ The text within the parentheses to this point was added by
sec. 1324(b)(2) of Public Law 100-418 (102 Stat. 1201).
\299\ Sec. 214(b)(1)(A) of Public Law 103-465 (108 Stat. 4851)
struck out ``best information'' and inserted in lieu thereof
``information''.
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(A) \300\ the alleged countervailable subsidy
is inconsistent with the Subsidies Agreement,
and
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\300\ Sec. 214(b)(1)(A) of Public Law 103-465 (108 Stat. 4851)
amended and restated subparas. (A) and (B).
---------------------------------------------------------------------------
(B) there have been massive imports of the
subject merchandise over a relatively short
period.
The administering authority shall be treated as having
made an affirmative determination under subparagraph
(A) in any investigation to which subsection (b)(1)(B)
is applied.\301\
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\301\ Sec. 1323(b)(3) of Public Law 100-418 (102 Stat. 1199) added
this sentence.
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(2) Suspension of liquidation.--If the determination
of the administering authority under paragraph (1) is
affirmative, then any suspension of liquidation ordered
under subsection (d)(2) \302\ shall apply, or, if
notice of such suspension of liquidation is already
published, be amended to apply, to unliquidated entries
of merchandise entered, or withdrawn from warehouse,
for consumption on or after the later of--
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\302\ Sec. 219(c)(1) of Public Law 103-465 (108 Stat. 4857) struck
out ``subsection (d)(1)'' and inserted in lieu thereof ``subsection
(d)(2)''.
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(A) the date which is 90 days before the date
on which the suspension of liquidation was
first ordered, or
(B) the date on which notice of the
determination to initiate the investigation is
published in the Federal Register.\303\
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\303\ Sec. 215(b)(2) of Public Law 103-465 (108 Stat. 4853) struck
out ``warehouse, for consumption on or after the date which is 90 days
before the date on which suspension of liquidation was first ordered.''
and inserted in lieu thereof language beginning at ``warehouse,''
through subpara. (B).
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(f) \304\ Notice of Determination.--Whenever the Commission
or the administering authority makes a determination under this
section, the Commission or the administering authority, as the
case may be, shall notify the petitioner, and other parties to
the investigation, and the Commission or the administering
authority (whichever is appropriate) of its determination. The
administering authority shall include with such notification
the facts and conclusions on which its determination is based.
Not later than 5 days after the date on which the determination
is required to be made under subsection (a)(2), the Commission
shall transmit to the administering authority the facts and
conclusions on which its determination is based.
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\304\ Sec. 212(b)(2)(E) of Public Law 103-465 (108 Stat. 4850)
amended and restated subsec. (f).
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SEC. 734.\305\ TERMINATION OR SUSPENSION OF INVESTIGATION.
(a) \306\ Termination of Investigation Upon Withdrawal of
Petition.--
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\305\ 19 U.S.C. 1673c.
\306\ Sec. 604(b) of Public Law 98-573 (98 Stat. 3026) amended and
restated subsec. (a).
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(1) In general.--
(A) \307\ Withdrawal of petition.--Except as
provided in paragraphs (2) and (3), an
investigation under this subtitle may be
terminated by either the administering
authority or the Commission, after notice to
all parties to the investigation, upon
withdrawal of the petition by the petitioner or
by the administering authority if the
investigation was initiated under section
702(a).
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\307\ Sec. 217(b) of Public Law 103-465 (108 Stat. 4853) struck out
``Except'', inserted in lieu thereof ``(A) Withdrawal of petition.--
Except'', indented subpara. (A), and added a new subpara. (B).
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(B) \307\ Refiling of petition.--If, within 3
months after the withdrawal of a petition under
subparagraph (A), a new petition is filed
seeking the imposition of duties on both the
subject merchandise of the withdrawn petition
and the subject merchandise from another
country, the administering authority and the
Commission may use in the investigation
initiated pursuant to the new petition any
records compiled in an investigation conducted
pursuant to the withdrawn petition. This
subparagraph applies only with respect to the
first withdrawal of a petition.
(2) Special rules for quantitative restriction
agreement.--
(A) In general.--Subject to subparagraphs (B)
and (C), the administering authority may not
terminate an investigation under paragraph (1)
by accepting an understanding or other kind of
agreement to limit the volume of imports into
the United States of the subject merchandise
\308\ unless the administering authority is
satisfied that termination on the basis of that
agreement is in the public interest.
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\308\ Sec. 233(a)(5)(S) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise that is subject to the investigation'' and
inserted in lieu thereof ``subject merchandise''.
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(B) Public interest factors.--In making a
decision under subparagraph (A) regarding the
public interest the administering authority
shall take into account--
(i) whether, based upon the relative
impact on consumer prices and the
availability of supplies of the
merchandise, the agreement would have a
greater adverse impact on United States
consumers than the imposition of
antidumping duties;
(ii) the relative impact on the
international economic interests of the
United States; and
(iii) the relative impact on the
competitiveness of the domestic
industry producing the like merchandise
including any such impact on employment
and investment in that industry.
(C) Prior consultations.--Before making a
decision under subparagraph (A) regarding the
public interest, the administering authority
shall, to the extent practicable, consult
with--
(i) potentially affected consuming
industries; and
(ii) Potentially affected producers
and workers in the domestic industry
producing the like merchandise,
including producers and workers not
party to the investigation.
(3) Limitation on termination by commission.--The
Commission may not terminate an investigation under
paragraph (1) before a preliminary determination is
made by the administrative authority under section
703(b).
(b) Agreements To Eliminate Completely Sales at Less Than
Fair Value or To Cease Export of Merchandise.--The
administering authority may suspend an investigation if the
exporters of the subject merchandise \309\ who account for
substantially all of the imports of that merchandise agree--
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\309\ Sec. 233(a)(5)(T) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise'' in subsecs. (b),
(c)(1), (f)(1)(A), (f)(2)(A)(i), (g)(1), (h)(2), (h)(3), and (j) of
sec. 734.
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(1) to cease exports of the merchandise to the United
States within 6 months after the date on which the
investigation is suspended, or
(2) to revise their prices to eliminate completely
any amount by which the normal value \310\ of the
merchandise which is the subject of the agreement
exceeds the export price (or the constructed export
price) \311\ of that merchandise.
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\310\ Sec. 233(a)(1)(B) of Public Law 103-465 (108 Stat. 4898)
struck out ``foreign market value'' and inserted in lieu thereof
``normal value''.
\311\ Sec. 233(a)(2)(A)(ii) of Public Law 103-465 (108 Stat. 4898)
struck out ``United States price'' and inserted in lieu thereof
``export price (or the constructed export price)''.
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(c) Agreements Eliminating Injurious Efforts.--
(1) General rule.--If the administering authority
determines that extraordinary circumstances are present
in a case, it may suspend an investigation upon the
acceptance of an agreement to revise prices from
exporters of the subject merchandise \309\ who account
for substantially all of the imports of that
merchandise into the United States, if the agreement
will eliminate completely the injurious effect of
exports to the United States of that merchandise and
if--
(A) the suppression or undercutting of price
levels of domestic products by imports of that
merchandise will be prevented, and
(B) for each entry of each exporter the
amount by which the estimated normal value
\310\ exceeds the export price (or the
constructed export price) \311\ will not exceed
15 percent of the weighted average amount by
which the estimated normal value \310\ exceeded
the export price (or the constructed export
price) \311\ for all less-than-fair-value
entries of the exporter examined during the
course of the investigation.
(2) Definition of extraordinary circumstances.--
(A) Extraordinary circumstances.--For
purposes of this subsection, the term
``extraordinary circumstances'' means
circumstances in which--
(i) suspension of an investigation
will be more beneficial to the domestic
industry than continuation of the
investigation, and
(ii) the investigation is complex.
(B) Complex.--For purposes of this paragraph,
the term ``complex'' means--
(i) there are a large number of
transactions to be investigated or
adjustments to be considered,
(ii) the issues raised are novel, or
(iii) the number of firms involved is
large.
(d) \312\ Additional Rules and Conditions.--The
administering authority may not accept an agreement under
subsection (b) or (c) unless--
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\312\ Sec. 604(b)(2) of Public Law 98-573 (98 Stat. 3027) amended
and restated subsec. (d).
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(1) it is satisfied that suspension of the
investigation is in the public interest, and
(2) effective monitoring of the agreement by the
United States is practicable.
Where practicable, the administering authority shall provide to
the exporters who would have been subject to the agreement the
reasons for not accepting the agreement and, to the extent
possible, an opportunity to submit comments thereon.\313\
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\313\ Sec. 216(b) of Public Law 103-465 (108 Stat. 4853) added this
sentence.
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(e) Suspension of Investigation Procedure.--Before an
investigation may be suspended under subsection (b) or (c) the
administering authority shall--
(1) notify the petitioner of, and consult with the
petitioner concerning, its intention to suspend the
investigation, and notify other parties to the
investigation and the Commission not less than 30 days
before the date on which it suspends the investigation,
(2) provide a copy of the proposed agreement to the
petitioner at the time of the notification, together
with an explanation of how the agreement will be
carried out and enforced, and of how the agreement will
meet the requirements of subsections (b) and (d) or (c)
and (d), and
(3) permit all interested parties described in
section 771(9) \314\ to submit comments and information
for the record before the date on which notice of
suspension of the investigation is published under
subsection (f)(1)(A).
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\314\ Sec. 604(b)(3) of Public Law 98-573 (98 Stat. 3027) struck
out ``all parties to the investigation'' and inserted in lieu thereof
``all interested parties described in section 771(9)''.
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(f) Effects of Suspension of Investigation.--
(1) In general.--If the administering authority
determines to suspend an investigation upon acceptance
of an agreement described in subsection (b) or (c),
then--
(A) it shall suspend the investigation,
publish notice of suspension of the
investigation, and issue an affirmative
preliminary determination under section 733(b)
with respect to the subject merchandise,\309\
unless it has previously issued such a
determination in the same investigation,
(B) the Commission shall suspend any
investigation it is conducting with respect to
that merchandise, and
(C) the suspension of investigation shall
take effect on the day on which such notice is
published.
(2) Liquidation of entries.--
(A) Cessation of exports; complete
elimination of dumping margin.--If the
agreement accepted by the administering
authority is an agreement described in
subsection (b), then--
(i) notwithstanding the affirmative
preliminary determination required
under paragraph (1)(A), the liquidation
of entries of subject merchandise \309\
shall not be suspended under section
733(d)(2),\315\
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\315\ Sec. 219(c)(2)(A) of Public Law 103-465 (108 Stat. 4857)
struck out ``section 733(d)(1)'' and inserted in lieu thereof ``section
733(d)(2)''.
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(ii) if the liquidation of entries of
such merchandise was suspended pursuant
to a previous affirmative preliminary
determination in the same case with
respect to such merchandise, that
suspension of liquidation shall
terminate, and
(iii) the administering authority
shall refund any cash deposit and
release any bond or other security
deposited under section
733(d)(1)(B).\316\
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\316\ Sec. 219(c)(2)(B) of Public Law 103-465 (108 Stat. 4857)
struck out ``section 733(d)(2)'' and inserted in lieu thereof ``section
733(d)(1)(B)''.
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(B) Other agreements.--If the agreement
accepted by the administering authority is an
agreement described in subsection (c), the
liquidation of entries of the subject
merchandise \317\ shall be suspended under
section 733(d)(2),\318\ or, if the liquidation
of entries of such merchandise was suspended
pursuant to a previous affirmative preliminary
determination in the same case, that suspension
of liquidation shall continue in effect,
subject to subsection (h)(3), but the security
required under section 733(d)(1)(B) \318\ may
be adjusted to reflect the effect of the
agreement.
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\317\ Sec. 233(a)(5)(U) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise subject to the investigation'' and inserted in
lieu thereof ``subject merchandise''.
\318\ Sec. 219(c)(3) of Public Law 103-465 (108 Stat. 4857) struck
out ``section 733(d)(1)'' and inserted in lieu thereof ``section
733(d)(2)'', and struck out ``section 733(d)(2)'' and inserted in lieu
thereof ``section 733(d)(1)(B)'', respectively.
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(3) Where investigation is continued.--If, pursuant
to subsection (g), the administering authority and the
Commission continue an investigation in which an
agreement has been accepted under subsection (b) or
(c), then--
(A) if the final determination by the
administering authority or the Commission under
section 735 is negative, the agreement shall
have no force or effect and the investigation
shall be terminated, or
(B) if the final determinations by the
administering authority and the Commission
under such section are affirmative, the
agreement shall remain in force, but the
administering authority shall not issue an
antidumping duty order in the case so long as--
(i) the agreement remains in force,
(ii) the agreement continues to meet
the requirements of subsections (b) and
(d), or (c) and (d), and
(iii) the parties to the agreement
carry out their obligations under the
agreement in accordance with its terms.
(g) Investigation To Be Continued Upon Request.--If the
administering authority, within 20 days after the date of
publication of the notice of suspension of an investigation,
receives a request for the continuation of the investigation
from--
(1) an exporter or exporters accounting for a
significant proportion of exports of the United States
of the subject merchandise,\309\ or
(2) an interested party described in subparagraph
(C), (D), (E), (F), or (G) \160\ of section 771(9)
which is a party to the investigation,
then the administering authority and the Commission shall
continue the investigation.
(h) Review of Suspension.--
(1) In general.--Within 20 days after the suspension
of an investigation under subsection (c), an interested
party which is a party to the investigation and which
is described in subparagraph (C), (D), (E), (F), or (G)
\160\ of section 771(9) may, by petition filed with the
Commission and with notice to the administering
authority, ask for a review of the suspension.
(2) Commission investigation.--Upon receipt of a
review petition under paragraph (1), the Commission
shall, within 75 days after the date on which the
petition is filed with it, determine whether the
injurious effect of imports of the subject merchandise
\309\ is eliminated completely by the agreement. If the
Commission's determination under this subsection is
negative, the investigation shall be resumed on the
date of publication of notice of such determination as
if the affirmative preliminary determination under
section 733(b) had been made on that date.
(3) Suspension of liquidation to continue during
review period.--The suspension of liquidation of
entries of the subject merchandise \309\ shall
terminate at the close of the 20-day period beginning
on the day after the date on which notice of suspension
of the investigation is published in the Federal
Register, or, if a review petition is filed under
paragraph (1) with respect to the suspension of the
investigation, in the case of an affirmative
determination by the Commission under paragraph (2),
the date on which notice of an affirmative
determination by the Commission is published. If the
determination of the Commission under paragraph (2) is
affirmative, then the administering authority shall--
(A) terminate the suspension of liquidation
under section 733(d)(2),\319\ and
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\319\ Sec. 219(c)(4)(A) of Public Law 103-465 (108 Stat. 4857)
struck out ``section 733(d)(1)'' and inserted in lieu thereof ``section
733(d)(2)''.
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(B) release any bond or other security, and
refund any cash deposit, required under section
733(d)(1)(B).\320\
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\320\ Sec. 219(c)(4)(B) of Public Law 103-465 (108 Stat. 4857)
struck out ``section 733(d)(2)'' and inserted in lieu thereof ``section
733(d)(1)(B)''.
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(i) Violation of Agreement.--
(1) In general.--If the administering authority
determines that an agreement accepted under subsection
(b) or (c) is being, or has been, violated, or no
longer meets the requirements of such subsection (other
than the requirement, under subsection (c)(1), of
elimination of injury) and subsection (d), then, on the
date of publication of its determination, it shall--
(A) suspend liquidation under section
733(d)(2) \321\ of unliquidated entries of the
merchandise made on the later of--
---------------------------------------------------------------------------
\321\ Sec. 219(c)(5) of Public Law 103-465 (108 Stat. 4857) struck
out ``section 733(d)(1)'' and inserted in lieu thereof ``section
733(d)(2)''.
---------------------------------------------------------------------------
(i) the date which is 90 days before
the date of publication of the notice
of suspension of liquidation, or
(ii) the date on which the
merchandise, the sale or export to the
United States of which was in violation
of the agreement, or under an agreement
which no longer meets the requirements
of subsections (b) and (d), or (c) and
(d), was first entered, or withdrawn
from warehouse, for consumption,
(B) if the investigation was not completed,
resume the investigation as if its affirmative
preliminary determination were made on the date
of its determination under this paragraph,
(C) if the investigation was completed under
subsection (g), issue an antidumping duty order
under section 736(a) effective with respect to
entries of merchandise liquidation of which was
suspended,
(D) \322\ if it considers the violation to be
intentional, notify the Commissioner of Customs
who shall take appropriate action under
paragraph (2), and
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\322\ Sec. 604(b) (4) of Public Law 98-573 (98 Stat. 3027)
redesignated existing subpara. (D) as subpara. (E), and added a new
subpara. (D).
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(E) \322\ notify the petitioner, interested
parties who are or were parties to the
investigation, and the Commission of its action
under this paragraph.
(2) Intentional violation to be punished by civil
penalty.--Any person who intentionally violates an
agreement accepted by the administering authority under
subsection (b) or (c) shall be subject to a civil
penalty assessed in the same amount, in the same
manner, and under the same procedures, as the penalty
imposed for a fraudulent violation of section 592(a) of
this Act.
(j) Determination Not To Take Agreement Into Account.--In
making a final determination under section 735, or in
conducting a review under section 751, in a case in which the
administering authority has terminated a suspension of
investigation under subsection (i)(1), or continued an
investigation under subsection (g), the Commission and the
administering authority shall consider all of the subject
merchandise \309\ without regard to the effect of any agreement
under subsection (b) or (c).
(k) \323\ Termination of Investigation Initiated by
Administering Authority.--The administering authority may
terminate any investigation initiated by the administering
authority under section 732(a) after providing notice of such
termination to all parties to the investigation.
---------------------------------------------------------------------------
\323\ Sec. 604(b)(5) of Public Law 98-573 (98 Stat. 3027) added
subsec. (k).
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(l) \324\ Special Rule for Nonmarket Economy Countries.--
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\324\ Sec. 1316(c) of Public Law 100-418 (102 Stat. 1187) added
subsec. (l). Sec. 1337(b) of that Act further stated that the
amendments made by sec. 1316 shall only apply with respect to
investigations initiated after the date of enactment of that Act, and
to reviews initiated under secs. 736(c) or 751 of the Tariff Act of
1930 after the date of enactment of that Act.
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(1) In general.--The administering authority may
suspend an investigation under this subtitle upon
acceptance of an agreement with a nonmarket economy
country to restrict the volume of imports into the
United States of the merchandise under investigation
only if the administering authority determines that--
(A) such agreement satisfies the requirements
of subsection (d), and
(B) will prevent the suppression or
undercutting of price levels of domestic
products by imports of the merchandise under
investigation.
(2) Failure of agreements.--If the administering
authority determines that an agreement accepted under
this subsection no longer prevents the suppression or
undercutting of domestic prices of merchandise
manufactured in the United States, the provisions of
subsection (i) shall apply.
(m) \325\ Special Rule for Regional Industry
Investigations.--
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\325\ Sec. 218(a)(2) of Public Law 103-465 (108 Stat. 4854) added
subsec. (m).
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(1) Suspension agreements.--If the Commission makes a
regional industry determination under section
771(4)(C), the administering authority shall offer
exporters of the subject merchandise who account for
substantially all exports of that merchandise for sale
in the region concerned the opportunity to enter into
an agreement described in subsection (b), (c), or (l).
(2) Requirements for suspension agreements.--Any
agreement described in paragraph (1) shall be subject
to all the requirements imposed under this section for
other agreements under subsection (b), (c), or (l),
except that if the Commission makes a regional industry
determination described in paragraph (1) in the final
affirmative determination under section 735(b) but not
in the preliminary affirmative determination under
section 733(a), any agreement described in paragraph
(1) may be accepted within 60 days after the
antidumping order is published under section 736.
(3) Effect of suspension agreement on antidumping
duty order.--If an agreement described in paragraph (1)
is accepted after the antidumping duty order is
published, the administering authority shall rescind
the order, refund any cash deposit and release any bond
or other security deposited under section 733(d)(1)(B),
and instruct the Customs Service that entries of the
subject merchandise that were made during the period
that the order was in effect shall be liquidated
without regard to antidumping duties.
SEC. 735.\326\ FINAL DETERMINATIONS.
(a) Final Determination by Administering Authority.--
---------------------------------------------------------------------------
\326\ 19 U.S.C. 1673d.
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(1) General rule.--Within 75 days after the date of
its preliminary determination under section 733(b), the
administering authority shall make a final
determination of whether the subject merchandise \327\
is being, or is likely to be, sold in the United States
at less than its fair value.
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\327\ Sec. 233(a)(5)(V) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise which was the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
---------------------------------------------------------------------------
(2) Extension of period for determination.--The
administering authority may postpone making the final
determination under paragraph (1) until not later than
the 135th day after the date on which it published
notice of its preliminary determination under section
733(b) if a request in writing for such a postponement
is made by--
(A) exporters who account for a significant
proportion of exports of the merchandise which
is the subject of the investigation, in a
proceeding in which the preliminary
determination by the administering authority
under section 733(b) was affirmative, or
(B) the petitioner, in a proceeding in which
the preliminary determination by the
administering authority under section 733(b)
was negative.
(3) Critical circumstances determinations.--If the
final determination of the administering authority is
affirmative, then that determination, in any
investigation in which the presence of critical
circumstances has been alleged under section 733(e),
shall also contain a finding of whether--
(A)(i) there is a history of dumping and
material injury by reason of dumped imports
\328\ in the United States or elsewhere of the
subject merchandise,\329\ or
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\328\ Sec. 214(b)(2)(A)(i)(I) of Public Law 103-465 (108 Stat.
4851) inserted ``and material injury by reason of dumped imports''
after ``history of dumping''.
\329\ Sec. 214(b)(2)(A)(i)(II) of Public Law 103-465 (108 Stat.
4851) struck out ``class or kind of merchandise which is the subject of
the investigation'' and inserted in lieu thereof ``subject
merchandise''.
---------------------------------------------------------------------------
(ii) the person by whom, or for whose
account, the merchandise was imported knew or
should have known that the exporter was selling
the subject merchandise at less than its fair
value and that there would be material injury
by reason of such sales,\330\ and
---------------------------------------------------------------------------
\330\ Sec. 214(b)(2)(A)(ii) of Public Law 103-465 (108 Stat. 4851)
struck out ``merchandise which is the subject of the investigation at
less than its fair value'' and inserted in lieu thereof ``subject
merchandise at less than its fair value and that there would be
material injury by reason of such sales''.
---------------------------------------------------------------------------
(B) there have been massive imports of the
subject merchandise \331\ over a relatively
short period.
---------------------------------------------------------------------------
\331\ Sec. 214(b)(2)(A)(iii) of Public Law 103-465 (108 Stat. 4851)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
---------------------------------------------------------------------------
(4) \332\ De minimis dumping margin.--In making a
determination under this subsection, the administering
authority shall disregard any weighted average dumping
margin that is de minimis as defined in section
733(b)(3).
---------------------------------------------------------------------------
\332\ Sec. 213(b) of Public Law 103-465 (108 Stat. 4850) added
para. (4).
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Such findings may be affirmative even though the preliminary
determination under section 733(e)(1) was negative.\333\
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\333\ Sec. 605(b)(1) of Public Law 98-573 (98 Stat. 3028) added
this sentence.
---------------------------------------------------------------------------
(b) Final Determination by Commission.--
(1) In general.--The Commission shall make a final
determination of whether--
(A) an industry in the United States--
(i) is materially injured, or
(ii) is threatened with material
injury, or
(B) the establishment of an industry in the
United States is materially retarded,
by reason of imports, or sales (or the likelihood of
sales) for importation,\334\ of the merchandise with
respect to which the administering authority has made
an affirmative determination under subsection (a)(1).
If the Commission determines that imports of the
subject merchandise are negligible, the investigation
shall be terminated.\335\
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\334\ Sec. 602(c) of Public Law 98-573 (98 Stat. 3024) added the
words ``, or sales (or the likelihood of sales) for importation,''. Sec
626(b) of Public Law 98-573 further stated that this amendment shall
apply with respect to investigations initiated by petition or by the
administering authority under subtitles A and B of title VII of the
Tariff Act of 1930 on or after the effective date of this Act (October
30, 1984).
\335\ Sec. 212(b)(1)(B) of Public Law 103-465 (108 Stat. 4849)
added this sentence.
---------------------------------------------------------------------------
(2) Period for injury determination following
affirmative preliminary determination by administering
authority.--If the preliminary determination by the
administering authority under section 733(b) is
affirmative, then the Commission shall make the
determination required by paragraph (1) before the
later of--
(A) the 120th day after the day on which the
administering authority makes its affirmative
preliminary determination under section 733(b),
or
(B) the 45th day after the day on which the
administering authority makes its affirmative
final determination under subsection (a).
(3) Period for injury determination following
negative preliminary determination by administering
authority.--If the preliminary determination by the
administering authority under section 733(b) is
negative, and its final determination under subsection
(a) is affirmative, then the final determination by the
Commission under this subsection shall be made within
75 days after the date of that affirmative final
determination.
(4) Certain additional findings.--
(A) \336\ Commission standard for retroactive
application.--
---------------------------------------------------------------------------
\336\ Sec. 1324(b)(3) of Public Law 100-418 (102 Stat. 1201)
amended and restated subpara. (A). Subsequently, sec. 214(b)(2)(B) of
Public Law 103-465 (108 Stat. 4851) amended and restated subpara. (A).
---------------------------------------------------------------------------
(i) In general.--If the finding of
the administering authority under
subsection (a)(3) is affirmative, then
the final determination of the
Commission shall include a finding as
to whether the imports subject to the
affirmative determination under
subsection (a)(3) are likely to
undermine seriously the remedial effect
of the antidumping duty order to be
issued under section 736.
(ii) Factors to consider.--In making
the evaluation under clause (i), the
Commission shall consider, among other
factors it considers relevant--
(I) the timing and the volume
of the imports,
(II) a rapid increase in
inventories of the imports, and
(III) any other circumstances
indicating that the remedial
effect of the antidumping order
will be seriously undermined.
(B) If the final determination of the
commission is that there is no material injury
but that there is threat of material injury,
then its determination shall also include a
finding as to whether material injury by reason
of the imports of the merchandise with respect
to which the administering authority has made
an affirmative determination under subsection
(a) of this section would have been found but
for any suspension of liquidation of entries of
the merchandise.
(c) Effect of Final Determinations.--
(1) Effect of affirmative determination by the
administering authority.--If the determination of the
administering authority under subsection (a) is
affirmative, then--
(A) the administering authority shall make
available to the Commission all information
upon which such determination was based and
which the Commission considers relevant to its
determination, under such procedures as the
administering authority and the Commission may
establish to prevent disclosure, other than
with the consent of the party providing it or
under protective order, of any information as
to which confidential treatment has been given
by the administering authority,\337\
---------------------------------------------------------------------------
\337\ Sec. 219(b)(1) of Public Law 103-465 (108 Stat. 4856)
redesignated subpara. (B) as subpara. (C); struck out ``and'' at the
end of subpara. (A); and inserted a new subpara. (B).
---------------------------------------------------------------------------
(B) \337\ (i) the administering authority
shall--
(I) determine the estimated weighted
average dumping margin for each
exporter and producer individually
investigated, and
(II) determine, in accordance with
paragraph (5), the estimated all-others
rate for all exporters and producers
not individually investigated, and
(ii) the administering authority shall order
the posting of a cash deposit, bond, or other
security, as the administering authority deems
appropriate, for each entry of the subject
merchandise in an amount based on the estimated
weighted average dumping margin or the
estimated all-others rate, whichever is
applicable, and
(C) \337\ in cases where the preliminary
determination by the administering authority
under section 733(b) was negative, the
administering authority shall order the
suspension of liquidation under section
733(d)(2).\338\
---------------------------------------------------------------------------
\338\ Sec. 219(b)(1)(A)(ii) of Public Law 103-465 (108 Stat. 4856)
struck out ``under paragraphs (1) and (2) of section 733(d) the
suspension of liquidation and the posting of a cash deposit, bond, or
other security'' and inserted in lieu thereof ``the suspension of
liquidation under section 733(d)(2)''.
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(2) Issuance of order; effect of negative
determination.--If the determinations of the
administering authority and the Commission under
subsections (a)(1) and (b)(1) are affirmative then the
administering authority shall issue an antidumping duty
order under section 736(a). If either of such
determinations is negative, the investigation shall be
terminated upon the publication of notice of that
negative determination and the administering authority
shall--
(A) terminate the suspension of liquidation
under section 733(d)(2),\339\ and
---------------------------------------------------------------------------
\339\ Sec. 219(c)(6) of Public Law 103-465 (108 Stat. 4857) struck
out ``section 703(d)(1)'' and inserted in lieu thereof ``section
733(d)(2)''.
---------------------------------------------------------------------------
(B) release any bond or other security, and
refund any cash deposit, required under section
733(d)(1)(B).\340\
---------------------------------------------------------------------------
\340\ Sec. 219(c)(7) of Public Law 103-465 (108 Stat. 4857) struck
out ``section 733(d)(2)'' and inserted in lieu thereof ``section
733(d)(1)(B)''.
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(3) Effect of negative determinations under
subsections (a)(3) and (b)(4)(A).--If the
determination of the administering authority or the
Commission under subsection (a)(3) or (b)(4)(A),
respectively, is negative, then the administering
authority shall--
(A) terminate any retroactive suspension of
liquidation required under paragraph (4) \341\
or section 733(e)(2), and
---------------------------------------------------------------------------
\341\ Sec. 605(b) of Public Law 98-573 (98 Stat. 3028) amended
subsec. (c) by inserting the reference to para. (4) in para. (3), and
by adding a new para. (4).
---------------------------------------------------------------------------
(B) release any bond or other security, and
refund any cash deposit required, under section
733(d)(1)(B) \342\ with respect to entries of
the merchandise the liquidation of which was
suspended retroactively under section
733(e)(2).
---------------------------------------------------------------------------
\342\ Sec. 219(c)(8) of Public Law 103-465 (108 Stat. 4857) struck
out ``section 733(d)(2)'' and inserted ``section 733(d)(1)(B)''.
---------------------------------------------------------------------------
(4) \341\ Effect of affirmative determination under
subsection (a)(3).--If the determination of the
administering authority under subsection (a)(3) is
affirmative, then the administering authority shall--
(A) in cases where the preliminary
determinations by the administering authority
under sections 733(b) and 733(e)(1) were both
affirmative, continue the retroactive
suspension of liquidation and the posting of a
cash deposit, bond, or other security
previously ordered under section 733(e)(2);
(B) in cases where the preliminary
determination by the administering authority
under section 733(b) was affirmative, but the
preliminary determination under section
733(e)(1) was negative, shall modify any
suspension of liquidation and security
requirement previously ordered under section
733(d) to apply to unliquidated entries of
merchandise entered, or withdrawn from
warehouse, for consumption on or after the date
which is 90 days before the date on which
suspension of liquidation was first ordered; or
(C) in cases where the preliminary
determination by the administering authority
under section 733(b) was negative, shall apply
any suspension of liquidation and security
requirement ordered under subsection
735(c)(1)(B) to unliquidated entries of
merchandise entered, or withdrawn from
warehouse, for consumption on or after the date
which is 90 days before the date on which
suspension of liquidation is first ordered.
(5) \343\ Method for determining estimated all-others
rate.--
---------------------------------------------------------------------------
\343\ Sec. 219(b)(2) of Public Law 103-465 (108 Stat. 4856) added
para. (5).
---------------------------------------------------------------------------
(A) General rule.--For purposes of this
subsection and section 733(d), the estimated
all-others rate shall be an amount equal to the
weighted average of the estimated weighted
average dumping margins established for
exporters and producers individually
investigated, excluding any zero and de minimis
margins, and any margins determined entirely
under section 776.
(B) Exception.--If the estimated weighted
average dumping margins established for all
exporters and producers individually
investigated are zero or de minimis margins, or
are determined entirely under section 776, the
administering authority may use any reasonable
method to establish the estimated all-others
rate for exporters and producers not
individually investigated, including averaging
the estimated weighted average dumping margins
determined for the exporters and producers
individually investigated.
(d) Publication of Notice of Determinations.--Whenever the
administering authority or the Commission makes a determination
under this section, it shall notify the petitioner, other
parties to the investigation, and the other agency of its
determination and of the facts and conclusions of law upon
which the determination is based, and it shall publish notice
of its determination in the Federal Register.
(e) \344\ Correction of Ministerial Errors.--The
administering authority shall establish procedures for the
correction of ministerial errors in final determinations within
a reasonable time after the determinations are issued under
this section. Such procedures shall ensure opportunity for
interested parties to present their views regarding any such
errors. As used in this subsection, the term ``ministerial
error'' includes errors in addition, subtraction, or other
arithmetic function, clerical errors resulting from inaccurate
copying, duplication, or the like, and any other type of
unintentional error which the administering authority considers
ministerial.
---------------------------------------------------------------------------
\344\ Sec. 1333(a) of Public Law 100-418 (102 Stat. 1209) added
subsec. (e).
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SEC. 736.\345\ ASSESSMENT OF DUTY.
(a) Publication of Antidumping Duty Order.--Within 7 days
after being notified by the Commission of an affirmative
determination under section 735(b), the administering authority
shall publish an antidumping duty order which--
---------------------------------------------------------------------------
\345\ 19 U.S.C. 1673e.
---------------------------------------------------------------------------
(1) directs customs officers to assess an antidumping
duty equal to the amount by which the normal value
\346\ of the merchandise exceeds the export price (or
the constructed export price) \347\ of the merchandise,
within 6 months after the date on which the
administering authority receives satisfactory
information upon which the assessment may be based, but
in no event later than--
---------------------------------------------------------------------------
\346\ Sec. 233(a)(1)(C) of Public Law 103-465 (108 Stat. 4898)
struck out ``foreign market value'' and inserted in lieu thereof
``normal value''.
\347\ Sec. 233(a)(2)(A)(iii) of Public Law 103-465 (108 Stat. 4898)
struck out ``United States price'' and inserted in lieu thereof
``export price (or the constructed export price)''.
---------------------------------------------------------------------------
(A) 12 months after the end of the annual
accounting period of the manufacturer or
exporter within which the merchandise is
entered, or withdrawn from warehouse, for
consumption, or
(B) in the case of merchandise not sold prior
to its importation of the United States, 12
months after the end of the annual accounting
period of the manufacturer or exporter within
which it is sold in the United States to a
person who is not the exporter of the
merchandise.
(2) includes a description of the subject
merchandise,\348\ in such detail as the administering
authority deems necessary, and
---------------------------------------------------------------------------
\348\ Sec. 233(a)(5)(W) of Public Law 103-465 (108 Stat. 4900)
struck out ``class or kind of merchandise to which it applies'' and
inserted in lieu thereof ``subject merchandise''.
---------------------------------------------------------------------------
(3) requires the deposit of estimated antidumping
duties pending liquidation of entries of merchandise at
the same time as estimated normal customs duties on
that merchandise are deposited.
(b) Imposition of Duty.--
(1) General rule.--If the Commission in its final
determination under section 735(b), finds material
injury or threat of material injury which, but for the
suspension of liquidation under section 733(d)(2) \349\
would have led to a finding of material injury, then
entries of the subject merchandise,\350\ the
liquidation of which has been suspended under section
733(d)(2),\343\ shall be subject to the imposition of
antidumping duties under section 731.
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\349\ Sec. 219(c)(9) of Public Law 103-465 (108 Stat. 4857) struck
out ``section 733(d)(1)'' and inserted in lieu thereof ``section
733(d)(2)''.
\350\ Sec. 233(a)(5)(X) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise subject to the antidumping duty order'' and
inserted in lieu thereof ``subject merchandise''.
---------------------------------------------------------------------------
(2) Special rule.--If the Commission, in its final
determination under section 735(b), finds threat of
material injury, other than threat of material injury
described in paragraph (1), or material retardation of
the establishment of an industry in the United States,
then subject merchandise \351\ which is entered, or
withdrawn from warehouse, for consumption on or after
the date of publication of notice of an affirmative
determination of the Commission under section 735(b)
shall be subject to the assessment of antidumping
duties under section 731, and the administering
authority shall release any bond or other security, and
refund any cash deposit made, to secure the payment of
antidumping duties with respect to entries of the
merchandise entered, or withdrawn from warehouse, for
consumption before that date.
---------------------------------------------------------------------------
\351\ Sec. 233(a)(5)(Y) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise subject to an antidumping duty order'' and
inserted in lieu thereof ``subject merchandise''.
---------------------------------------------------------------------------
(c) Security in Lieu of Estimated Duty Pending Early
Determination of Duty.--
(1) \352\ Conditions for waiver of deposit of
estimated duties.--The administering authority may
permit, for not more than 90 days after the date of
publication of an order under subsection (a), the
posting of a bond or other security in lieu of the
deposit of estimated antidumping duties required under
subsection (a)(3) if--
---------------------------------------------------------------------------
\352\ Sec. 1325(a) of Public Law 100-418 (102 Stat. 1201) amended
and restated para. (1). Sec. 1337(b) of that Act further stated that
the amendments made by sec. 1325 shall only apply with respect to
investigations initiated after the date of enactment of that Act, and
to reviews initiated under secs. 736(c) or 751 of the Tariff Act of
1930 after the date of enactment of that Act.
---------------------------------------------------------------------------
(A) the investigation has not been designated
as extraordinarily complicated by reason of--
(i) the number and complexity of the
transactions to be investigated or
adjustments to be considered,
(ii) the novelty of the issues
presented, or
(iii) the number of firms whose
activities must be investigated,
(B) the final determination in the
investigation has not been postponed under
section 735(a)(2)(A);
(C) on the basis of information presented to
the administering authority by any
manufacturer, producer, or exporter in such
form and within such time as the administering
authority may require, the administering
authority is satisfied that a determination
will be made, within 90 days after the date of
publication of an order under subsection (a),
of the normal value \346\ and the export price
(or the constructed export price) \347\ for all
merchandise of such manufacturer, producer, or
exporter described in that order which was
entered, or withdrawn from warehouse, for
consumption on or after the date of publication
of--
(i) an affirmative preliminary
determination by the administering
authority under section 733(b), or
(ii) if its determination under
section 733(b) was negative, an
affirmative final determination by the
administering authority under section
735(a),
and before the date of publication of the
affirmative final determination by the
Commission under section 735(b);
(D) the party described in subparagraph (C)
provides credible evidence that the amount by
which the normal value \346\ of the merchandise
exceeds the export price (or the constructed
export price) \347\ of the merchandise is
significantly less than the amount of such
excess specified in the antidumping duty order
published under subsection (a); and
(E) the data concerning the normal value
\346\ and the export price (or the constructed
export price) \347\ apply to sales in the usual
commercial quantities and in the ordinary
course of trade and the number of such sales
are sufficient to form an adequate basis for
comparison.
(2) Notice; hearing.--If the administering authority
permits the posting of a bond or other security in lieu
of the deposit of estimated antidumping duties under
paragraph (1), it shall--
(A) publish notice of its action in the
Federal Register, and
(B) upon the request of any interested party,
hold a hearing in accordance with section 774
before determining the normal value \346\ and
the export price (or the constructed export
price) \347\ of merchandise.
(3) Determinations to be basis of antidumping duty.--
The administering authority shall publish notice in the
Federal Register of the results of its determination of
normal value \346\ and the export price (or the
constructed export price),\347\ and that determination
shall be the basis for the assessment of antidumping
duties on entries of merchandise to which the notice
under this subsection applies and also shall be the
basis for the deposit of estimated antidumping duties
on future entries of merchandise of manufacturers,
producers, or exporters described in paragraph (1) to
which the order issued under subsection (a) applies.
(4) \353\ Provision of business proprietary
information; written comments.--Before determining
whether to permit the posting of bond or other security
under paragraph (1) in lieu of the deposit of estimated
antidumping duties, the administering authority shall--
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\353\ Sec. 1325(b) of Public Law 100-418 (102 Stat. 1202) added
para. (4).
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(A) make all business proprietary information
supplied to the administering authority under
paragraph (1) available under a protective
order in accordance with section 777(c) to all
interested parties described in subparagraph
(C), (D), (E), (F), or (G) of section 771(9),
and
(B) afford all interested parties an
opportunity to file written comments on whether
the posting of bond or other security under
paragraph (1) in lieu of the deposit of
estimated antidumping duties should be
permitted.
(d) \354\ Special Rule for Regional Industries.--
---------------------------------------------------------------------------
\354\ Sec. 218(b)(2) of Public Law 103-465 (108 Stat. 4855) added
subsec. (d).
---------------------------------------------------------------------------
(1) In general.--In an investigation in which the
Commission makes a regional industry determination
under section 771(4)(C), the administering authority
shall, to the maximum extent possible, direct that
duties be assessed only on the subject merchandise of
the specific exporters or producers that exported the
subject merchandise for sale in the region concerned
during the period of investigation.
(2) Exception for new exporters and producers.--After
publication of the antidumping duty order, if the
administering authority finds that a new exporter or
producer is exporting the subject merchandise for sale
in the region concerned, the administering authority
shall direct that duties be assessed on the subject
merchandise of the new exporter or producer consistent
with the provisions of section 751(a)(2)(B).
SEC. 737.\355\ TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMATED
ANTIDUMPING DUTY AND FINAL ASSESSED DUTY UNDER
ANTIDUMPING DUTY ORDER.
(a) \356\ Deposit of Estimated Antidumping Duty Under
Section 733(d)(1)(B).--If the amount of a cash deposit, or the
amount of any bond or other security, required \357\ as
security for an estimated antidumping duty under section
733(d)(1)(B) is different from the amount of the antidumping
duty determined under an antidumping duty order published under
section 736, then the difference for entries of merchandise
entered, or withdrawn from warehouse, for consumption before
notice of the affirmative determination of the Commission under
section 735(b) is published shall be--
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\355\ 19 U.S.C. 1673f.
\356\ Sec. 219(c)(10) of Public Law 103-465 (108 Stat. 4857) struck
out ``section 733(d)(2)'' and inserted in lieu thereof ``section
733(d)(1)(B)'' at each point it appeared in this subsection.
\357\ Sec. 40(1) of Public Law 104-295 (110 Stat. 3541) struck out
``deposit collected'' and inserted in lieu thereof ``deposit, or the
amount of any bond or other security, required''.
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(1) disregarded, to the extent that the cash deposit,
bond, or other security \358\ is lower than the duty
under the order, or
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\358\ Sec. 40(2) of Public Law 104-295 (110 Stat. 3541) struck out
``the cash deposit collected'' and inserted in lieu thereof ``that the
cash deposit, bond, or other security''.
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(2) refunded or released, to the extent that the cash
deposit, bond, or other security \359\ is higher than
the duty under the order.
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\359\ Sec. 40(2) of Public Law 104-295 (110 Stat. 3541) struck out
``refunded, to the extent the cash deposit'' and inserted in lieu
thereof ``refunded or released, to the extent that the cash deposit,
bond, or other security''.
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(b) Deposit of Estimated Antidumping Duty Under Section
736(a)(3).--If the amount of an estimated antidumping duty
deposited under section 736(a)(3) is different from the amount
of the antidumping duty determined under an antidumping duty
order published under section 736, then the difference for
entries of merchandise entered, or withdrawn from warehouse,
for consumption after notice of the affirmative determination
of the Commission under section 735(b) is published shall be--
(1) collected, to the extent that the deposit under
section 736(a)(3) is lower than the duty determined
under the order, or
(2) refunded, to the extent that the deposit under
section 736(a)(3) is higher than the duty determined
under the order, together with interest as provided by
section 778.
SEC. 738.\360\ CONDITIONAL PAYMENT OF ANTIDUMPING DUTY.
(a) General Rule.--For all entries, or withdrawals from
warehouse, for consumption of merchandise subject to an
antidumping duty order on or after the date of publication of
such order, no customs officer may deliver merchandise of that
class or kind to the person by whom or for whose account it was
imported unless that person complies with the requirements of
subsection (b) and deposits with the appropriate customs
officer an estimated antidumping duty in an amount determined
by the administering authority.
---------------------------------------------------------------------------
\360\ 19 U.S.C. 1673g.
---------------------------------------------------------------------------
(b) Importer Requirements.--In order to meet the
requirements of this subsection, a person shall--
(1) furnish, or arrange to have furnished, to the
appropriate customs officer such information as the
administering authority deems necessary for determining
the export price (or the constructed export price)
\361\ of the merchandise imported by or for the account
of that person, and such other information as the
administering authority deems necessary for
ascertaining any antidumping duty to be imposed under
this title;
---------------------------------------------------------------------------
\361\ Sec. 233(a)(2)(A)(iv) of Public Law 103-465 (108 Stat. 4898)
struck out ``United States price'' and inserted in lieu thereof
``export price (or the constructed export price)''.
---------------------------------------------------------------------------
(2) maintain and furnish to the customs officer such
records concerning the sale of the merchandise as the
administering authority, by regulation, requires;
(3) state under oath before the customs officer that
he is not an exporter, or if he is an exporter, declare
under oath at the time of entry the constructed export
price \362\ of the merchandise to the customs officer
if it is then known, or, if not, so declare within 30
days after the merchandise has been sold, or has been
made the subject of an agreement to be sold, in the
United States; and
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\362\ Sec. 233(a)(2)(B) of Public Law 103-465 (108 Stat. 4898)
struck out ``exporter's sales price'' and inserted in lieu thereof
``constructed export price''.
---------------------------------------------------------------------------
(4) pay, or agree to pay on demand, to the customs
officer the amount of antidumping duty imposed under
section 731 on that merchandise.
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\363\ 19 U.S.C. 1673h. Sec. 1323(a) of Public Law 100-418 (102
Stat. 1195) added sec. 739. A previous sec. 739, entitled ``duties of
customs officers'', was repealed in 1984 by Public Law 98-573 (98 Stat.
3031).
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SEC. 739.\363\ ESTABLISHMENT OF PRODUCT CATEGORIES FOR SHORT LIFE CYCLE
MERCHANDISE.
(a) Establishment of Product Categories.--
(1) Petitions.--
(A) In general.--An eligible domestic entity
may file a petition with the Commission
requesting that a product category be
established with respect to short life cycle
merchandise at any time after the merchandise
becomes the subject of 2 or more affirmative
dumping determinations.
(B) Contents.--A petition filed under
subparagraph (A) shall--
(i) identify the short life cycle
merchandise that is the subject of the
affirmative dumping determinations,
(ii) specify the short life cycle
merchandise that the petitioner seeks
to have included in the same product
category as the merchandise that is
subject to the affirmative dumping
determinations,
(iii) specify any short life cycle
merchandise the petitioner particularly
seeks to have excluded from the product
category,
(iv) provide reasons for the
inclusions and exclusions specified
under clauses (ii) and (iii), and
(v) identify such merchandise in
terms of the designations used in the
Harmonized Tariff Schedule of the
United States.\364\
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\364\ Sec. 139(a)(2) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 653) struck out ``Tariff Schedules of the United
States'' and inserted in lieu thereof ``Harmonized Tariff Schedule of
the United States''.
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(2) Determinations on sufficiency of petition.--Upon
receiving a petition under paragraph (1), the
Commission shall--
(A) request the administering authority to
confirm promptly the affirmative determinations
on which the petition is based, and
(B) upon receipt of such confirmation,
determine whether the merchandise covered by
the confirmed affirmative determinations is
short life cycle merchandise and whether the
petitioner is an eligible domestic entity.
(3) Notice; hearings.--If the determinations under
paragraph (2)(B) are affirmative, the Commission
shall--
(A) publish notice in the Federal Register
that the petition has been received, and
(B) provide opportunity for the presentation
of views regarding the establishment of the
requested product category, including a public
hearing if requested by any interested person.
(4) Determinations.--
(A) In general.--By no later than the date
that is 90 days after the date on which a
petition is filed under paragraph (1), the
Commission shall determine the scope of the
product category into which the short life
cycle merchandise that is the subject of the
affirmative dumping determinations identified
in such petition shall be classified for
purposes of this section.
(B) Modifications not requested by
petition.--
(i) In general.--The Commission may,
on its own initiative, make a
determination modifying the scope of
any product category established under
subparagraph (A) at any time.
(ii) Notice and hearing.--
Determinations may be made under clause
(i) only after the Commission has--
(I) published in the Federal
Register notice of the proposed
modification, and
(II) provided interested
parties an opportunity for a
hearing, and a period for the
submission of written comments,
on the classification of
merchandise into the product
categories to be affected by
such determination.
(C) Basis of determinations.--In making
determinations under subparagraph (A) or (B),
the Commission shall ensure that each product
category consists of similar short life cycle
merchandise which is produced by similar
processes under similar circumstances and has
similar uses.
(b) Definitions.--For purposes of this section--
(1) Eligible domestic entity.--The term ``eligible
domestic entity'' means a manufacturer or producer in
the United States, or a certified union or recognized
union or group of workers which is representative of an
industry in the United States, that manufactures or
produces short life cycle merchandise that is--
(A) like or directly competitive with other
merchandise that is the subject of 2 or more
affirmative dumping determinations, or
(B) is similar enough to such other
merchandise as to be considered for inclusion
with such merchandise in a product monitoring
category established under this section.
(2) Affirmative dumping determination.--The term
``affirmative dumping determination'' means--
(A) any affirmative final determination made
by the administering authority under section
735(a) during the 8-year period preceding the
filing of the petition under this section that
results in the issuance of an antidumping duty
order under section 736 which requires the
deposit of estimated antidumping duties at a
rate of not less than 15 percent ad valorem, or
(B) any affirmative preliminary determination
that--
(i) is made by the administering
authority under section 733(b) during
the 8-year period preceding the filing
of the petition under this section in
the course of an investigation for
which no final determination is made
under section 735 by reason of a
suspension of the investigation under
section 734, and
(ii) includes a determination that
the estimated average amount by which
the normal value \365\ of the
merchandise exceeds the export price
(or the constructed export price) \366\
of the merchandise is not less than 15
percent ad valorem.
---------------------------------------------------------------------------
\365\ Sec. 233(a)(1)(D) of Public Law 103-465 (108 Stat. 4898)
struck out ``foreign market value'' and inserted in lieu thereof
``normal value''.
\366\ Sec. 233(a)(2)(A)(v) of Public Law 103-465 (108 Stat. 4898)
struck out ``United States price'' and inserted in lieu thereof
``export price (or the constructed export price)''.
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(3) Subject of affirmative dumping determination.--
(A) In general.--Short life cycle merchandise
of a manufacturer shall be treated as being the
subject of an affirmative dumping determination
only if the administering authority--
(i) makes a separate determination of
the amount by which the normal value
\365\ of such merchandise of the
manufacturer exceeds the export price
(or the constructed export price) \366\
of such merchandise of the
manufacturer, and
(ii) specifically identifies the
manufacturer by name with such amount
in the affirmative dumping
determination or in an antidumping duty
order issued as a result of the
affirmative dumping determination.
(B) Exclusion.--Short life cycle merchandise
of a manufacturer shall not be treated as being
the subject of an affirmative dumping
determination if--
(i) such merchandise of the
manufacturer is part of a group of
merchandise to which the administering
authority assigns (in lieu of making
separate determinations described in
subparagraph (A)(i)(I)) an amount
determined to be the amount by which
the normal value \359\ of the
merchandise in such group exceeds the
export price (or the constructed export
price) \360\ of the merchandise in such
group, and
(ii) the merchandise and the
manufacturer are not specified by name
in the affirmative dumping
determination or in any antidumping
duty order issued as a result of such
affirmative dumping determination.
(4) Short life cycle merchandise.--The term ``short
life cycle merchandise'' means any product that the
Commission determines is likely to become outmoded
within 4 years, by reason of technological advances,
after the product is commercially available. For
purposes of this paragraph, the term ``outmoded''
refers to a kind of style that is no longer state-of-
the-art.
(c) Transitional Rules.--
(1) For purposes of this section and section
733(b)(1) (B) and (C), all affirmative dumping
determinations described in subsection (b)(2)(A) that
were made after December 31, 1980, and before the date
of enactment of the Omnibus Trade and Competitiveness
Act of 1988, and all affirmative dumping determinations
described in subsection (b)(2)(B) that were made after
December 31, 1984, and before the date of enactment of
such Act, with respect to each category of short life
cycle merchandise of the same manufacturer shall be
treated as one affirmative dumping determination with
respect to that category for that manufacturer which
was made on the date on which the latest of such
determinations was made.
(2) No affirmative dumping determination that--
(A) is described in subsection (b)(2)(A) and
was made before January 1, 1981, or
(B) is described in subsection (b)(2)(B) and
was made before January 1, 1985,
may be taken into account under this section or section
733(b)(1) (B) and (C).
SEC. 740.\367\ ANTIDUMPING DUTY TREATED AS REGULAR DUTY FOR DRAWBACK
PURPOSES. * * * [REPEALED--1984]
---------------------------------------------------------------------------
\367\ Sec. 622(a)(1) of Public Law 98-573 (98 Stat. 3039) repealed
sec. 740. See sec. 779 of this Act for new text regarding drawbacks.
---------------------------------------------------------------------------
Subtitle C--Reviews; Other Actions Regarding Agreements \368\
Chapter 1--Review of Amount of Duty and Agreements Other Than
Quantitative Restriction Agreements \368\
SEC. 751.\369\ ADMINISTRATIVE REVIEW OF DETERMINATIONS.
(a) Periodic Review of Amount of Duty.--
---------------------------------------------------------------------------
\368\ Sec. 611(a)(1) of Public Law 98-573 (98 Stat. 3031) amended
the subtitle heading and added the chapter heading. Previously, the
subtitle heading read: ``Subtitle C--Review of Determinations''.
\369\ 19 U.S.C. 1675. Sec. 220(a) of Public Law 103-465 (108 Stat.
4857) amended and restated sec. 751.
---------------------------------------------------------------------------
(1) In general.--At least once during each 12-month
period beginning on the anniversary of the date of
publication of a countervailing duty order under this
title or under section 303 of this Act, an antidumping
duty order under this title or a finding under the
Antidumping Act, 1921, or a notice of the suspension of
an investigation, the administering authority, if a
request for such a review has been received and after
publication of notice of such review in the Federal
Register, shall--
(A) review and determine the amount of any
net countervailable subsidy,
(B) review, and determine (in accordance with
paragraph (2)), the amount of any antidumping
duty, and
(C) review the current status of, and
compliance with, any agreement by reason of
which an investigation was suspended, and
review the amount of any net countervailable
subsidy or dumping margin involved in the
agreement, and shall publish in the Federal
Register the results of such review, together
with notice of any duty to be assessed,
estimated duty to be deposited, or
investigation to be resumed.
(2) Determination of antidumping duties.--
(A) In general.--For the purpose of paragraph
(1)(B), the administering authority shall
determine--
(i) the normal value and export price
(or constructed export price) of each
entry of the subject merchandise, and
(ii) the dumping margin for each such
entry.
(B) Determination of antidumping or
countervailing duties for new exporters and
producers.--
(i) In general.--If the administering
authority receives a request from an
exporter or producer of the subject
merchandise establishing that--
(I) such exporter or producer
did not export the merchandise
that was the subject of an
antidumping duty or
countervailing duty order to
the United States (or, in the
case of a regional industry,
did not export the subject
merchandise for sale in the
region concerned) during the
period of investigation, and
(II) such exporter or
producer is not affiliated
(within the meaning of section
771(33)) with any exporter or
producer who exported the
subject merchandise to the
United States (or in the case
of a regional industry, who
exported the subject
merchandise for sale in the
region concerned) during that
period, the administering
authority shall conduct a
review under this subsection to
establish an individual
weighted average dumping margin
or an individual countervailing
duty rate (as the case may be)
for such exporter or producer.
(ii) Time for review under clause
(i).--The administering authority shall
commence a review under clause (i) in
the calendar month beginning after--
(I) the end of the 6-month
period beginning on the date of
the countervailing duty or
antidumping duty order under
review, or
(II) the end of any 6-month
period occurring thereafter,
if the request for the review is made
during that 6-month period.
(iii) Posting bond or security.--The
administering authority shall, at the
time a review under this subparagraph
is initiated, direct the Customs
Service to allow, at the option of the
importer, the posting, until the
completion of the review, of a bond or
security in lieu of a cash deposit for
each entry of the subject merchandise.
(iv) Time limits.--The administering
authority shall make a preliminary
determination in a review conducted
under this subparagraph within 180 days
after the date on which the review is
initiated, and a final determination
within 90 days after the date the
preliminary determination is issued,
except that if the administering
authority concludes that the case is
extraordinarily complicated, it may
extend the 180-day period to 300 days
and may extend the 90-day period to 150
days.
(C) Results of determinations.--The
determination under this paragraph shall be the
basis for the assessment of countervailing or
antidumping duties on entries of merchandise
covered by the determination and for deposits
of estimated duties.
(3) Time limits.--
(A) Preliminary and final determinations.--
The administering authority shall make a
preliminary determination under subparagraph
(A), (B), or (C) of paragraph (1) within 245
days after the last day of the month in which
occurs the anniversary of the date of
publication of the order, finding, or
suspension agreement for which the review under
paragraph (1) is requested, and a final
determination under paragraph (1) within 120
days after the date on which the preliminary
determination is published. If it is not
practicable to complete the review within the
foregoing time, the administering authority may
extend that 245-day period to 365 days and may
extend that 120-day period to 180 days. The
administering authority may extend the time for
making a final determination without extending
the time for making a preliminary
determination, if such final determination is
made not later than 300 days after the date on
which the preliminary determination is
published.
(B) Liquidation of entries.--If the
administering authority orders any liquidation
of entries pursuant to a review under paragraph
(1), such liquidation shall be made promptly
and, to the greatest extent practicable, within
90 days after the instructions to Customs are
issued. In any case in which liquidation has
not occurred within that 90-day period, the
Secretary of the Treasury shall, upon the
request of the affected party, provide an
explanation thereof.
(C) Effect of pending review under section
516a.--In a case in which a final determination
under paragraph (1) is under review under
section 516A and a liquidation of entries
covered by the determination is enjoined under
section 516A(c)(2) or suspended under section
516A(g)(5)(C), the administering authority
shall, within 10 days after the final
disposition of the review under section 516A,
transmit to the Federal Register for
publication the final disposition and issue
instructions to the Customs Service with
respect to the liquidation of entries pursuant
to the review. In such a case, the 90-day
period referred to in subparagraph (B) shall
begin on the day on which the administering
authority issues such instructions.
(4) Absorption of antidumping duties.--During any
review under this subsection initiated 2 years or 4
years after the publication of an antidumping duty
order under section 736(a), the administering
authority, if requested, shall determine whether
antidumping duties have been absorbed by a foreign
producer or exporter subject to the order if the
subject merchandise is sold in the United States
through an importer who is affiliated with such foreign
producer or exporter. The administering authority shall
notify the Commission of its findings regarding such
duty absorption for the Commission to consider in
conducting a review under subsection (c).
(b) Reviews Based on Changed Circumstances.--
(1) In general.--Whenever the administering authority
or the Commission receives information concerning, or a
request from an interested party for a review of--
(A) a final affirmative determination that
resulted in an antidumping duty order under
this title or a finding under the Antidumping
Act, 1921, or in a countervailing duty order
under this title or section 303,
(B) a suspension agreement accepted under
section 704 or 734, or
(C) a final affirmative determination
resulting from an investigation continued
pursuant to section 704(g) or 734(g), which
shows changed circumstances sufficient to
warrant a review of such determination or
agreement, the administering authority or the
Commission (as the case may be) shall conduct a
review of the determination or agreement after
publishing notice of the review in the Federal
Register.
(2) Commission review.--In conducting a review under
this subsection, the Commission shall--
(A) in the case of a countervailing duty
order or antidumping duty order or finding,
determine whether revocation of the order or
finding is likely to lead to continuation or
recurrence of material injury,
(B) in the case of a determination made
pursuant to section 704(h)(2) or 734(h)(2),
determine whether the suspension agreement
continues to eliminate completely the injurious
effects of imports of the subject merchandise,
and
(C) in the case of an affirmative
determination resulting from an investigation
continued under section 704(g) or 734(g),
determine whether termination of the suspended
investigation is likely to lead to continuation
or recurrence of material injury.
(3) Burden of persuasion.--During a review conducted
by the Commission under this subsection--
(A) the party seeking revocation of an order
or finding described in paragraph (1)(A) shall
have the burden of persuasion with respect to
whether there are changed circumstances
sufficient to warrant such revocation, and
(B) the party seeking termination of a
suspended investigation or a suspension
agreement shall have the burden of persuasion
with respect to whether there are changed
circumstances sufficient to warrant such
termination.
(4) Limitation on period for review.--In the absence
of good cause shown--
(A) the Commission may not review a
determination made under section 705(b) or
735(b), or an investigation suspended under
section 704 or 734, and
(B) the administering authority may not
review a determination made under section
705(a) or 735(a), or an investigation suspended
under section 704 or 734, less than 24 months
after the date of publication of notice of that
determination or suspension.
(c) Five-Year Review.--
(1) In general.--Notwithstanding subsection (b) and
except in the case of a transition order defined in
paragraph (6), 5 years after the date of publication
of--
(A) a countervailing duty order (other than a
countervailing duty order to which subparagraph
(B) applies or which was issued without an
affirmative determination of injury by the
Commission under section 303), an antidumping
duty order, or a notice of suspension of an
investigation, described in subsection (a)(1),
(B) a notice of injury determination under
section 753 with respect to a countervailing
duty order, or
(C) a determination under this section to
continue an order or suspension agreement,
the administering authority and the Commission shall
conduct a review to determine, in accordance with
section 752, whether revocation of the countervailing
or antidumping duty order or termination of the
investigation suspended under section 704 or 734 would
be likely to lead to continuation or recurrence of
dumping or a countervailable subsidy (as the case may
be) and of material injury.
(2) Notice of initiation of review.--Not later than
30 days before the fifth anniversary of the date
described in paragraph (1), the administering authority
shall publish in the Federal Register a notice of
initiation of a review under this subsection and
request that interested parties submit--
(A) a statement expressing their willingness
to participate in the review by providing
information requested by the administering
authority and the Commission,
(B) a statement regarding the likely effects
of revocation of the order or termination of
the suspended investigation, and
(C) such other information or industry data
as the administering authority or the
Commission may specify.
(3) Responses to notice of initiation.--
(A) No response.--If no interested party
responds to the notice of initiation under this
subsection, the administering authority shall
issue a final determination, within 90 days
after the initiation of a review, revoking the
order or terminating the suspended
investigation to which such notice relates. For
purposes of this paragraph, an interested party
means a party described in section 771(9) (C),
(D), (E), (F), or (G).
(B) Inadequate response.--If interested
parties provide inadequate responses to a
notice of initiation, the administering
authority, within 120 days after the initiation
of the review, or the Commission, within 150
days after such initiation, may issue, without
further investigation, a final determination
based on the facts available, in accordance
with section 776.
(4) Waiver of participation by certain interested
parties.--
(A) In general.--An interested party
described in section 771(9) (A) or (B) may
elect not to participate in a review conducted
by the administering authority under this
subsection and to participate only in the
review conducted by the Commission under this
subsection.
(B) Effect of waiver.--In a review in which
an interested party waives its participation
pursuant to this paragraph, the administering
authority shall conclude that revocation of the
order or termination of the investigation would
be likely to lead to continuation or recurrence
of dumping or a countervailable subsidy (as the
case may be) with respect to that interested
party.
(5) Conduct of review.--
(A) Time limits for completion of review.--
Unless the review has been completed pursuant
to paragraph (3) or paragraph (4) applies, the
administering authority shall make its final
determination pursuant to section 752 (b) or
(c) within 240 days after the date on which a
review is initiated under this subsection. If
the administering authority makes a final
affirmative determination, the Commission shall
make its final determination pursuant to
section 752(a) within 360 days after the date
on which a review is initiated under this
subsection.
(B) Extension of time limit.--The
administering authority or the Commission (as
the case may be) may extend the period of time
for making their respective determinations
under this subsection by not more than 90 days,
if the administering authority or the
Commission (as the case may be) determines that
the review is extraordinarily complicated. In a
review in which the administering authority
extends the time for making a final
determination, but the Commission does not
extend the time for making a determination, the
Commission's determination shall be made not
later than 120 days after the date on which the
final determination of the administering
authority is published.
(C) Extraordinarily complicated.--For
purposes of this subsection, the administering
authority or the Commission (as the case may
be) may treat a review as extraordinarily
complicated if--
(i) there is a large number of
issues,
(ii) the issues to be considered are
complex,
(iii) there is a large number of
firms involved,
(iv) the orders or suspended
investigations have been grouped as
described in subparagraph (D), or
(v) it is a review of a transition
order.
(D) Grouped reviews.--The Commission, in
consultation with the administering authority,
may group orders or suspended investigations
for review if it considers that such grouping
is appropriate and will promote administrative
efficiency. Where orders or suspended
investigations have been grouped, the
Commission shall, subject to subparagraph (B),
make its final determination under this
subsection not later than 120 days after the
date that the administering authority publishes
notice of its final determination with respect
to the last order or agreement in the group.
(6) Special transition rules.--
(A) Schedule for reviews of transition
orders.--
(i) Initiation.--The administering
authority shall begin its review of
transition orders in the 42d calendar
month after the date such orders are
issued. A review of all transition
orders shall be initiated not later
than the 5th anniversary after the date
such orders are issued.
(ii) Completion.--A review of a
transition order shall be completed not
later than 18 months after the date
such review is initiated. Reviews of
all transition orders shall be
completed not later than 18 months
after the 5th anniversary of the date
such orders are issued.
(iii) Subsequent reviews.--The time
limits set forth in clauses (i) and
(ii) shall be applied to all subsequent
5-year reviews of transition orders by
substituting ``date of the
determination to continue such orders''
for ``date such orders are issued''.
(iv) Revocation and termination.--No
transition order may be revoked under
this subsection before the date that is
5 years after the date the WTO
Agreement enters into force with
respect to the United States.
(B) Sequence of transition reviews.--The
administering authority, in consultation with
the Commission, shall determine such sequence
of review of transition orders as it deems
appropriate to promote administrative
efficiency. To the extent practicable, older
orders shall be reviewed first.
(C) Definition of transition order.--For
purposes of this section, the term ``transition
order'' means--
(i) a countervailing duty order under
this title or under section 303,
(ii) an antidumping duty order under
this title or a finding under the
Antidumping Act, 1921, or
(iii) a suspension of an
investigation under section 704 or 734,
which is in effect on the date the WTO
Agreement enters into force with respect to the
United States.
(D) Issue date for transition orders.--For
purposes of this subsection, a transition order
shall be treated as issued on the date the WTO
Agreement enters into force with respect to the
United States, if such order is based on an
investigation conducted by both the
administering authority and the Commission.
(7) \370\ Exclusions from computations.
---------------------------------------------------------------------------
\370\ Sec. 2410 of Public Law 106-36 (113 Stat. 171) inserted para.
(7).
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(A) In general.--Subject to subparagraph (B),
there shall be excluded from the computation of
the 5-year period described in paragraph (1)
and the periods described in paragraph (6) any
period during which the importation of the
subject merchandise is prohibited on account of
the imposition, under the International
Emergency Economic Powers Act or other
provision of law, of sanctions by the United
States against the country in which the subject
merchandise originates.
(B) application of exclusion.--Subparagraph
(A) shall apply only with respect to subject
merchandise which originates in a country that
is not a WTO member.
(d) Revocation of Order or Finding; Termination of
Suspended Investigation.--
(1) In general.--The administering authority may
revoke, in whole or in part, a countervailing duty
order or an antidumping duty order or finding, or
terminate a suspended investigation, after review under
subsection (a) or (b). The administering authority
shall not revoke, in whole or in part, a countervailing
duty order or terminate a suspended investigation on
the basis of any export taxes, duties, or other charges
levied on the export of the subject merchandise to the
United States which are specifically intended to offset
the countervailable subsidy received.
(2) Five-year reviews.--In the case of a review
conducted under subsection (c), the administering
authority shall revoke a countervailing duty order or
an antidumping duty order or finding, or terminate a
suspended investigation, unless--
(A) the administering authority makes a
determination that dumping or a countervailable
subsidy, as the case may be, would be likely to
continue or recur, and
(B) the Commission makes a determination that
material injury would be likely to continue or
recur as described in section 752(a).
(3) Application of revocation or termination.--A
determination under this section to revoke an order or
finding or terminate a suspended investigation shall
apply with respect to unliquidated entries of the
subject merchandise which are entered, or withdrawn
from warehouse, for consumption on or after the date
determined by the administering authority.
(e) Hearings.--Whenever the administering authority or the
Commission conducts a review under this section, it shall, upon
the request of an interested party, hold a hearing in
accordance with section 774(b) in connection with that review.
(f) Determination That Basis for Suspension No Longer
Exists.--If the determination of the Commission under
subsection (b)(2)(B) is negative, the suspension agreement
shall be treated as not accepted, beginning on the date of
publication of the Commission's determination, and the
administering authority and the Commission shall proceed, under
section 704(i) or 734(i), as if the suspension agreement had
been violated on that date, except that no duty under any order
subsequently issued shall be assessed on merchandise entered,
or withdrawn from warehouse, for consumption before that date.
(g) \371\ Reviews To Implement Results of Subsidies
Enforcement Proceeding.--
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\371\ Sec. 283(c) of Public Law 103-465 (108 Stat. 4930)
redesignated subsec. (g) as subsec. (h), and added a new subsec. (g).
---------------------------------------------------------------------------
(1) Violations of article 8 of the subsidies
agreement.--If--
(A) the administering authority receives
notice from the Trade Representative of a
violation of Article 8 of the Subsidies
Agreement,
(B) the administering authority has reason to
believe that merchandise subject to an existing
countervailing duty order or suspended
investigation is benefiting from the subsidy or
subsidy program found to have been in violation
of Article 8 of the Subsidies Agreement, and
(C) no review pursuant to subsection (a)(1)
is in progress,
the administering authority shall conduct a review of
the order or suspended investigation to determine
whether the subject merchandise benefits from the
subsidy or subsidy program found to have been in
violation of Article 8 of the Subsidies Agreement. If
the administering authority determines that the subject
merchandise is benefiting from the subsidy or subsidy
program, it shall make appropriate adjustments in the
estimated duty to be deposited or appropriate revisions
to the terms of the suspension agreement.
(2) Withdrawal of subsidy or imposition of
countermeasures.--If the Trade Representative notifies
the administering authority that, pursuant to Article 4
or Article 7 of the Subsidies Agreement--
(A)(i) the United States has imposed
countermeasures, and
(ii) such countermeasures are based on the
effects in the United States of imports of
merchandise that is the subject of a
countervailing duty order, or
(B) a WTO member country has withdrawn a
countervailable subsidy provided with respect
to merchandise subject to a countervailing duty
order,
the administering authority shall conduct a review to
determine if the amount of the estimated duty to be
deposited should be adjusted or the order should be
revoked.
(3) Expedited review.--The administering authority
shall conduct reviews under this subsection on an
expedited basis, and shall publish the results of such
reviews in the Federal Register.
(h) \371\ Correction of Ministerial Errors.--The
administering authority shall establish procedures for the
correction of ministerial errors in final determinations within
a reasonable time after the determinations are issued under
this section. Such procedures shall ensure opportunity for
interested parties to present their views regarding any such
errors. As used in this subsection, the term ``ministerial
error'' includes errors in addition, subtraction, or other
arithmetic function, clerical errors resulting from inaccurate
copying, duplication, or the like, and any other type of
unintentional error which the administering authority considers
ministerial.
SEC. 752.\372\ SPECIAL RULES FOR SECTION 751(B) AND 751(C) REVIEWS.
(a) Determination of Likelihood of Continuation or
Recurrence of Material Injury.--
---------------------------------------------------------------------------
\372\ 19 U.S.C. 1675a. Sec. 221(a) of Public Law 103-465 (108 Stat.
4865) added sec. 752.
---------------------------------------------------------------------------
(1) In general.--In a review conducted under section
751 (b) or (c), the Commission shall determine whether
revocation of an order, or termination of a suspended
investigation, would be likely to lead to continuation
or recurrence of material injury within a reasonably
foreseeable time. The Commission shall consider the
likely volume, price effect, and impact of imports of
the subject merchandise on the industry if the order is
revoked or the suspended investigation is terminated.
The Commission shall take into account--
(A) its prior injury determinations,
including the volume, price effect, and impact
of imports of the subject merchandise on the
industry before the order was issued or the
suspension agreement was accepted,
(B) whether any improvement in the state of
the industry is related to the order or the
suspension agreement,
(C) whether the industry is vulnerable to
material injury if the order is revoked or the
suspension agreement is terminated, and
(D) in an antidumping proceeding under
section 751(c), the findings of the
administering authority regarding duty
absorption under section 751(a)(4).
(2) Volume.--In evaluating the likely volume of
imports of the subject merchandise if the order is
revoked or the suspended investigation is terminated,
the Commission shall consider whether the likely volume
of imports of the subject merchandise would be
significant if the order is revoked or the suspended
investigation is terminated, either in absolute terms
or relative to production or consumption in the United
States. In so doing, the Commission shall consider all
relevant economic factors, including--
(A) any likely increase in production
capacity or existing unused production capacity
in the exporting country,
(B) existing inventories of the subject
merchandise, or likely increases in
inventories,
(C) the existence of barriers to the
importation of such merchandise into countries
other than the United States, and
(D) the potential for product-shifting if
production facilities in the foreign country,
which can be used to produce the subject
merchandise, are currently being used to
produce other products.
(3) Price.--In evaluating the likely price effects of
imports of the subject merchandise if the order is
revoked or the suspended investigation is terminated,
the Commission shall consider whether--
(A) there is likely to be significant price
underselling by imports of the subject
merchandise as compared to domestic like
products, and
(B) imports of the subject merchandise are
likely to enter the United States at prices
that otherwise would have a significant
depressing or suppressing effect on the price
of domestic like products.
(4) Impact on the industry.--In evaluating the likely
impact of imports of the subject merchandise on the
industry if the order is revoked or the suspended
investigation is terminated, the Commission shall
consider all relevant economic factors which are likely
to have a bearing on the state of the industry in the
United States, including, but not limited to--
(A) likely declines in output, sales, market
share, profits, productivity, return on
investments, and utilization of capacity,
(B) likely negative effects on cash flow,
inventories, employment, wages, growth, ability
to raise capital, and investment, and
(C) likely negative effects on the existing
development and production efforts of the
industry, including efforts to develop a
derivative or more advanced version of the
domestic like product.
The Commission shall evaluate all relevant economic
factors described in this paragraph within the context
of the business cycle and the conditions of competition
that are distinctive to the affected industry.
(5) Basis for determination.--The presence or absence
of any factor which the Commission is required to
consider under this subsection shall not necessarily
give decisive guidance with respect to the Commission's
determination of whether material injury is likely to
continue or recur within a reasonably foreseeable time
if the order is revoked or the suspended investigation
is terminated. In making that determination, the
Commission shall consider that the effects of
revocation or termination may not be imminent, but may
manifest themselves only over a longer period of time.
(6) Magnitude of margin of dumping and net
countervailable subsidy; nature of countervailable
subsidy.--In making a determination under section 751
(b) or (c), the Commission may consider the magnitude
of the margin of dumping or the magnitude of the net
countervailable subsidy. If a countervailable subsidy
is involved the Commission shall consider information
regarding the nature of the countervailable subsidy and
whether the subsidy is a subsidy described in Article 3
or 6.1 of the Subsidies Agreement.
(7) Cumulation.--For purposes of this subsection, the
Commission may cumulatively assess the volume and
effect of imports of the subject merchandise from all
countries with respect to which reviews under section
751 (b) or (c) were initiated on the same day, if such
imports would be likely to compete with each other and
with domestic like products in the United States
market. The Commission shall not cumulatively assess
the volume and effects of imports of the subject
merchandise in a case in which it determines that such
imports are likely to have no discernible adverse
impact on the domestic industry.
(8) Special rule for regional industries.--In a
review under section 751 (b) or (c) involving a
regional industry, the Commission may base its
determination on the regional industry defined in the
original investigation under this title, another region
that satisfies the criteria established in section
771(4)(C), or the United States as a whole. In
determining if a regional industry analysis is
appropriate for the determination in the review, the
Commission shall consider whether the criteria
established in section 771(4)(C) are likely to be
satisfied if the order is revoked or the suspended
investigation is terminated.
(b) Determination of Likelihood of Continuation or
Recurrence of a Countervailable Subsidy.--
(1) In general.--In a review conducted under section
751(c), the administering authority shall determine
whether revocation of a countervailing duty order or
termination of a suspended investigation under section
704 would be likely to lead to continuation or
recurrence of a countervailable subsidy. The
administering authority shall consider--
(A) the net countervailable subsidy
determined in the investigation and subsequent
reviews, and
(B) whether any change in the program which
gave rise to the net countervailable subsidy
described in subparagraph (A) has occurred that
is likely to affect that net countervailable
subsidy.
(2) Consideration of other factors.--If good cause is
shown, the administering authority shall also
consider--
(A) programs determined to provide
countervailable subsidies in other
investigations or reviews under this title, but
only to the extent that such programs--
(i) can potentially be used by the
exporters or producers subject to the
review under section 751(c), and
(ii) did not exist at the time that
the countervailing duty order was
issued or the suspension agreement was
accepted, and
(B) programs newly alleged to provide
countervailable subsidies but only to the
extent that the administering authority makes
an affirmative countervailing duty
determination with respect to such programs and
with respect to the exporters or producers
subject to the review.
(3) Net countervailable subsidy.--The administering
authority shall provide to the Commission the net
countervailable subsidy that is likely to prevail if
the order is revoked or the suspended investigation is
terminated. The administering authority shall normally
choose a net countervailable subsidy that was
determined under section 705 or subsection (a) or
(b)(1) of section 751.
(4) Special rule.--
(A) Treatment of zero and de minimis rates.--
A net countervailable subsidy described in
paragraph (1)(A) that is zero or de minimis
shall not by itself require the administering
authority to determine that revocation of a
countervailing duty order or termination of a
suspended investigation would not be likely to
lead to continuation or recurrence of a
countervailable subsidy.
(B) Application of de minimis standards.--For
purposes of this paragraph, the administering
authority shall apply the de minimis standards
applicable to reviews conducted under
subsections (a) and (b)(1) of section 751.
(c) Determination of Likelihood of Continuation or
Recurrence of Dumping.--
(1) In general.--In a review conducted under section
751(c), the administering authority shall determine
whether revocation of an antidumping duty order or
termination of a suspended investigation under section
734 would be likely to lead to continuation or
recurrence of sales of the subject merchandise at less
than fair value. The administering authority shall
consider--
(A) the weighted average dumping margins
determined in the investigation and subsequent
reviews, and
(B) the volume of imports of the subject
merchandise for the period before and the
period after the issuance of the antidumping
duty order or acceptance of the suspension
agreement.
(2) Consideration of other factors.--If good cause is
shown, the administering authority shall also consider
such other price, cost, market, or economic factors as
it deems relevant.
(3) Magnitude of the margin of dumping.--The
administering authority shall provide to the Commission
the magnitude of the margin of dumping that is likely
to prevail if the order is revoked or the suspended
investigation is terminated. The administering
authority shall normally choose a margin that was
determined under section 735 or under subsection (a) or
(b)(1) of section 751.
(4) Special rule.--
(A) Treatment of zero or de minimis
margins.--A dumping margin described in
paragraph (1)(A) that is zero or de minimis
shall not by itself require the administering
authority to determine that revocation of an
antidumping duty order or termination of a
suspended investigation would not be likely to
lead to continuation or recurrence of sales at
less than fair value.
(B) Application of de minimis standards.--For
purposes of this paragraph, the administering
authority shall apply the de minimis standards
applicable to reviews conducted under
subsections (a) and (b) of section 751.
SEC. 753.\373\ SPECIAL RULES FOR INJURY INVESTIGATIONS FOR CERTAIN
SECTION 303 OR SECTION 701(C) COUNTERVAILING DUTY
ORDERS AND INVESTIGATIONS.
(a) In General.--
---------------------------------------------------------------------------
\373\ 19 U.S.C. 1675b. Sec. 271(a) of Public Law 103-465 (108 Stat.
4918) added sec. 753. Sec. 39(1) of Public Law 104-295 (110 Stat. 3540)
inserted ``or section 701(c)'' after ``section 303'' each place it
appeared in sec. 753.
---------------------------------------------------------------------------
(1) Investigation by the commission upon request.--In
the case of a countervailing duty order described in
paragraph (2), which--
(A) applies to merchandise that is the
product of a Subsidies Agreement country, and
(B)(i) is in effect on the date on which such
country becomes a Subsidies Agreement country,
or
(ii) is issued on a date that is after the
date described in clause (i) pursuant to a
court order in an action brought under section
516A,
the Commission, upon receipt of a request from an
interested party described in section 771(9) (C), (D),
(E), (F), or (G) for an injury investigation with
respect to such order, shall initiate an investigation
and shall determine whether an industry in the United
States is likely to be materially injured by reason of
imports of the subject merchandise if the order is
revoked.
(2) Description of countervailing duty orders.--A
countervailing duty order described in this paragraph
is an order issued under section 303 or section 701(c)
with respect to which the requirement of an affirmative
determination of material injury \374\ was not
applicable at the time such order was issued.
---------------------------------------------------------------------------
\374\ Sec. 39(2) of Public Law 104-295 (110 Stat. 3541) struck out
``under section 303(a)(2)'' in subsecs. (a)(2) and (c).
---------------------------------------------------------------------------
(3) Requirements of request for investigation.--A
request for an investigation under this subsection
shall be submitted--
(A) in the case of an order described in
paragraph (1)(B)(i), within 6 months after the
date on which the country described in
paragraph (1)(A) becomes a Subsidies Agreement
country, or
(B) in the case of an order described in
paragraph (1)(B)(ii), within 6 months after the
date the order is issued.
(4) Suspension of liquidation.--With respect to
entries of subject merchandise made on or after--
(A) in the case of an order described in
paragraph (1)(B)(i), the date on which the
country described in paragraph (1)(A) becomes a
Subsidies Agreement country, or
(B) in the case of an order described in
paragraph (1)(B)(ii), the date on which the
order is issued,
liquidation shall be suspended at the cash deposit rate
in effect on the date described in subparagraph (A) or
(B) (whichever is applicable).
(b) Investigation Procedure and Schedule.--
(1) Commission procedure.--
(A) In general.--Except as otherwise provided
in this section, the provisions of this title
regarding evidence in and procedures for
investigations conducted under subtitle A shall
apply to investigations conducted by the
Commission under this section.
(B) Time for commission determination.--
Except as otherwise provided in subparagraph
(C), the Commission shall issue its
determination under subsection (a)(1), to the
extent possible, not later than 1 year after
the date on which the investigation is
initiated under this section.
(C) Special rule to permit administrative
flexibility.--In the case of requests for
investigations received under this section
within 1 year after the date on which the WTO
Agreement enters into force with respect to the
United States, the Commission may, after
consulting with the administering authority,
initiate its investigations in a manner that
results in determinations being made in all
such investigations during the 4-year period
beginning on such date.
(2) Net countervailable subsidy; nature of subsidy.--
(A) Net countervailable subsidy.--The
administering authority shall provide to the
Commission the net countervailable subsidy that
is likely to prevail if the order which is the
subject of the investigation is revoked. The
administering authority normally shall choose a
net countervailable subsidy that was determined
under section 705 or subsection (a) or (b)(1)
of section 751. If the Commission considers the
magnitude of the net countervailable subsidy in
making its determination under this section,
the Commission shall use the net
countervailable subsidy provided by the
administering authority.
(B) Nature of subsidy.--The administering
authority shall inform the Commission of, and
the Commission, in making its determination
under this section, shall consider, the nature
of the countervailable subsidy and whether the
countervailable subsidy is a subsidy described
in Article 3 or Article 6.1 of the Subsidies
Agreement.
(3) Effect of commission determination.--
(A) Affirmative determination.--Upon being
notified by the Commission that it has made an
affirmative determination under subsection
(a)(1)--
(i) the administering authority shall
order the termination of the suspension
of liquidation required pursuant to
subsection (a)(4), and
(ii) the countervailing duty order
shall remain in effect until revoked,
in whole or in part, under section
751(d).
For purposes of section 751(c), a
countervailing duty order described in this
section shall be treated as issued on the date
of publication of the Commission's
determination under this subsection.
(B) Negative determination.--
(i) In general.--Upon being notified
by the Commission that it has made a
negative determination under subsection
(a)(1), the administering authority
shall revoke the countervailing duty
order, and shall refund, with interest,
any estimated countervailing duties
collected during the period liquidation
was suspended pursuant to subsection
(a)(4).
(ii) Limitation on negative
determination.--A determination by the
Commission that revocation of the order
is not likely to result in material
injury to an industry by reason of
imports of the subject merchandise
shall not be based, in whole or in
part, on any export taxes, duties, or
other charges levied on the export of
the subject merchandise to the United
States that were specifically intended
to offset the countervailable subsidy
received.
(4) Countervailing duty orders with respect to which
no request for injury investigation is made.--If, with
respect to a countervailing duty order described in
subsection (a), a request for an investigation is not
made within the time required by subsection (a)(3), the
Commission shall notify the administering authority
that a negative determination has been made under
subsection (a) and the provisions of paragraph (3)(B)
shall apply with respect to the order.
(c) Pending and Suspended Countervailing Duty
Investigations.--If, on the date on which a country becomes a
Subsidies Agreement country, there is a countervailing duty
investigation in progress or suspended under section 303 or
section 701(c) that applies to merchandise which is a product
of that country and with respect to which the requirement of an
affirmative determination of material injury \374\ was not
applicable at the time the investigation was initiated, the
Commission shall--
(1) in the case of an investigation in progress, make
a final determination under section 705(b) within 75
days after the date of an affirmative final
determination, if any, by the administering authority,
(2) in the case of a suspended investigation to which
section 704(i)(1)(B) applies, make a final
determination under section 705(b) within 120 days
after receiving notice from the administering authority
of the resumption of the investigation pursuant to
section 704(i), or within 45 days after the date of an
affirmative final determination, if any, by the
administering authority, whichever is later, or
(3) in the case of a suspended investigation to which
section 704(i)(1)(C) applies, treat the countervailing
duty order issued pursuant to such section as if it
were--
(A) an order issued under subsection
(a)(1)(B)(ii) for purposes of subsection
(a)(3); and
(B) an order issued under subsection
(a)(1)(B)(i) for purposes of subsection (a)(4).
(d) Publication in Federal Register.--The administering
authority or the Commission, as the case may be, shall publish
in the Federal Register a notice of the initiation of any
investigation, and a notice of any determination or revocation,
made pursuant to this section.
(e) Request for Simultaneous Expedited Review Under Section
751(c).--
(1) General rule.--
(A) Requests for reviews.--Notwithstanding
section 751(c)(6)(A) and except as provided in
subparagraph (B), an interested party may
request a review of an order under section
751(c) at the same time the party requests an
investigation under subsection (a), if the
order involves the same or comparable subject
merchandise. Upon receipt of such request, the
administering authority, after consulting with
the Commission, shall initiate a review of the
order under section 751(c). The Commission
shall combine such review with the
investigation under this section.
(B) Exception.--If the administering
authority determines that the interested party
who requested an investigation under this
section is a related party or an importer
within the meaning of section 771(4)(B), the
administering authority may decline a request
by such party to initiate a review of an order
under section 751(c) which involves the same or
comparable subject merchandise.
(2) Cumulation.--If a review under section 751(c) is
initiated under paragraph (1), such review shall be
treated as having been initiated on the same day as the
investigation under this section, and the Commission
may, in accordance with section 771(7)(G), cumulatively
assess the volume and effect of imports of the subject
merchandise from all countries with respect to which
such investigations are treated as initiated on the
same day.
(3) Time and procedure for commission
determination.--The Commission shall render its
determination in the investigation conducted under this
section at the same time as the Commission's
determination is made in the review under section
751(c) that is initiated pursuant to this subsection.
The Commission shall in all other respects apply the
procedures and standards set forth in section 751(c) to
such section 751(c) reviews.
SEC. 754.\375\ CONTINUED DUMPING AND SUBSIDY OFFSET.
(a) In General.--Duties assessed pursuant to a
countervailing duty order, an antidumping duty order, or a
finding under the Antidumping Act of 1921 shall be distributed
on an annual basis under this section to the affected domestic
producers for qualifying expenditures. Such distribution shall
be known as the ``continued dumping and subsidy offset''.
---------------------------------------------------------------------------
\375\ 19 U.S.C. 1675c. Sec. 1003(a) of Public Law 106-387 (114
Stat. 1549A-73) added sec. 754. Title X of that Act further provided
the following:
---------------------------------------------------------------------------
``sec. 11001. short title.
---------------------------------------------------------------------------
``This title may be cited as the `Continued Dumping and Subsidy
Offset Act of 2000'.
---------------------------------------------------------------------------
``sec. 1002. findings of congress.
---------------------------------------------------------------------------
``Congress makes the following findings:
---------------------------------------------------------------------------
``(1) Consistent with the rights of the United States under the World
Trade Organization, injurious dumping is to be condemned and actionable
subsidies which cause injury to domestic industries must be effectively
neutralized.
``(2) United States unfair trade laws have as their purpose the
restoration of conditions of fair trade so that jobs and investment that
should be in the United States are not lost through the false market
signals.
``(3) The continued dumping or subsidization of imported products after
the issuance of antidumping orders or findings or countervailing duty
orders can frustrate the remedial purpose of the laws by preventing market
prices from returning to fair levels.
``(4) Where dumping or subsidization continues, domestic producers will
be reluctant to reinvest or rehire and may be unable to maintain pension
and health care benefits that conditions of fair trade would permit.
Similarly, small businesses and American farmers and ranchers may be unable
to pay down accumulated debt, to obtain working capital, or to otherwise
remain viable.
``(5) United States trade laws should be strengthened to see that the
remedial purpose of those laws is achieved.''.
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Sec. 1003(c) of that Act further provided:
``(c) Effective Date.--The amendments made by this section shall
apply with respect to all antidumping and countervailing duty
assessments made on or after October 1, 2000.''.
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(b) Definitions.--As used in this section:
(1) Affected domestic producer.--The term ``affected
domestic producer'' means any manufacturer, producer,
farmer, rancher, or worker representative (including
associations of such persons) that--
(A) was a petitioner or interested party in
support of the petition with respect to which
an antidumping duty order, a finding under the
Antidumping Act of 1921, or a countervailing
duty order has been entered, and
(B) remains in operation.
Companies, businesses, or persons that have ceased the
production of the product covered by the order or
finding or who have been acquired by a company or
business that is related to a company that opposed the
investigation shall not be an affected domestic
producer.
(2) Commissioner.--The term ``Commissioner'' means
the Commissioner of Customs.
(3) Commission.--The term ``Commission'' means the
United States International Trade Commission.
(4) Qualifying expenditure.--The term ``qualifying
expenditure'' means an expenditure incurred after the
issuance of the antidumping duty finding or order or
countervailing duty order in any of the following
categories:
(A) Manufacturing facilities.
(B) Equipment.
(C) Research and development.
(D) Personnel training.
(E) Acquisition of technology.
(F) Health care benefits to employees paid
for by the employer.
(G) Pension benefits to employees paid for by
the employer.
(H) Environmental equipment, training, or
technology.
(I) Acquisition of raw materials and other
inputs.
(J) Working capital or other funds needed to
maintain production.
(5) Related to.--A company, business, or person shall
be considered to be ``related to'' another company,
business, or person if--
(A) the company, business, or person directly
or indirectly controls or is controlled by the
other company, business, or person,
(B) a third party directly or indirectly
controls both companies, businesses, or
persons,
(C) both companies, businesses, or persons
directly or indirectly control a third party
and there is reason to believe that the
relationship causes the first company,
business, or persons to act differently than a
nonrelated party.
For purposes of this paragraph, a party shall be
considered to directly or indirectly control another
party if the party is legally or operationally in a
position to exercise restraint or direction over the
other party.
(c) Distribution Procedures.--The Commissioner shall
prescribe procedures for distribution of the continued dumping
or subsidies offset required by this section. Such distribution
shall be made not later than 60 days after the first day of a
fiscal year from duties assessed during the preceding fiscal
year.
(d) Parties Eligible for Distribution of Antidumping and
Countervailing Duties Assessed.--
(1) List of affected domestic producers.--The
Commission shall forward to the Commissioner within 60
days after the effective date of this section in the
case of orders or findings in effect on January 1,
1999, or thereafter, or in any other case, within 60
days after the date an antidumping or countervailing
duty order or finding is issued, a list of petitioners
and persons with respect to each order and finding and
a list of persons that indicate support of the petition
by letter or through questionnaire response. In those
cases in which a determination of injury was not
required or the Commission's records do not permit an
identification of those in support of a petition, the
Commission shall consult with the administering
authority to determine the identity of the petitioner
and those domestic parties who have entered appearances
during administrative reviews conducted by the
administering authority under section 751.
(2) Publication of list; certification.--The
Commissioner shall publish in the Federal Register at
least 30 days before the distribution of a continued
dumping and subsidy offset, a notice of intention to
distribute the offset and the list of affected domestic
producers potentially eligible for the distribution
based on the list obtained from the Commission under
paragraph (1). The Commissioner shall request a
certification from each potentially eligible affected
domestic producer--
(A) that the producer desires to receive a
distribution;
(B) that the producer is eligible to receive
the distribution as an affected domestic
producer; and
(C) the qualifying expenditures incurred by
the producer since the issuance of the order or
finding for which distribution under this
section has not previously been made.
(3) Distribution of funds.--The Commissioner shall
distribute all funds (including all interest earned on
the funds) from assessed duties received in the
preceding fiscal year to affected domestic producers
based on the certifications described in paragraph (2).
The distributions shall be made on a pro rata basis
based on new and remaining qualifying expenditures.
(e) Special Accounts.--
(1) Establishments.--Within 14 days after the
effective date of this section, with respect to
antidumping duty orders and findings and countervailing
duty orders notified under subsection (d)(1), and
within 14 days after the date an antidumping duty order
or finding or countervailing duty order issued after
the effective date takes effect, the Commissioner shall
establish in the Treasury of the United States a
special account with respect to each such order or
finding.
(2) Deposits into accounts.--The Commissioner shall
deposit into the special accounts, all antidumping or
countervailing duties (including interest earned on
such duties) that are assessed after the effective date
of this section under the antidumping order or finding
or the countervailing duty order with respect to which
the account was established.
(3) Time and manner of distributions.--Consistent
with the requirements of subsections (c) and (d), the
Commissioner shall by regulation prescribe the time and
manner in which distribution of the funds in a special
account shall be made.
(4) Termination.--A special account shall terminate
after--
(A) the order or finding with respect to
which the account was established has
terminated;
(B) all entries relating to the order or
finding are liquidated and duties assessed
collected;
(C) the Commissioner has provided notice and
a final opportunity to obtain distribution
pursuant to subsection (c); and
(D) 90 days has elapsed from the date of the
notice described in subparagraph (C).
Amounts not claimed within 90 days of the date of the
notice described in subparagraph (C), shall be
deposited into the general fund of the Treasury.
Chapter 2--Consultations and Determinations Regarding Quantitative
Restriction Agreements
SEC. 761.\376\ REQUIRED CONSULTATIONS.
(a) Agreements in Response of Countervailable
Subsidies.\377\--Within 90 days after the administering
authority accepts a quantitative restriction agreement under
section 704(a)(2) or (c)(3), the President shall enter into
consultations with the government that is party to the
agreement for purposes of--
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\376\ 19 U.S.C. 1676. Sec. 611(a)(4) of Public Law 98-573 (98 Stat.
3031) added sec. 761. Sec. 626(b) of Public Law 98-573 further stated
that this amendment shall apply with respect to investigations
initiated by petition or by the administering authority under subtitles
A and B of title VII of the Tariff Act of 1930 on or after the
effective date of this Act (October 30, 1984).
\377\ Sec. 270(b)(1)(C) and 270(b)(2) of Public Law 103-465 (108
Stat. 4917) struck out ``Subsidies'' and inserted in lieu thereof
``Countervailable Subsidies''.
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(1) eliminating the countervailable subsidy \378\
completely, or
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\378\ Sec. 270(a)(1)(I) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
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(2) reducing the net countervailable subsidy \376\ to
a level that eliminates completely the injurious effect
of exports to the United States of the merchandise.
(b) Modification of Agreements on Basis of Consultations.--
At the direction of the President, the administering authority
shall modify a quantitative restriction agreement as a result
of consultations entered into under subsection (a).
(c) Special Rule Regarding Agreements Under Section
704(c)(3).--This chapter shall cease to apply to a quantitative
restriction agreement described in section 704(c)(3) at such
time as that agreement ceases to have force and effect under
section 704(f) or violation is found under section 704(i).
SEC. 762.\379\ REQUIRED DETERMINATIONS.
(a) In General.--Before the expiration date, if any, of a
quantitative restriction agreement accepted under section
704(a)(2) or 704(c)(3) (if suspension of the related
investigation is still in effect)--
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\379\ 19 U.S.C. 1676a. Sec. 611(a)(4) of Public Law 98-573 (89
Stat. 3031) added sec. 762. Sec. 626(b) of Public Law 98-573 further
stated that this amendment shall apply with respect to investigations
initiated by petition or by the administering authority under subtitles
A and B of title VII of the Tariff Act of 1930 on or after the
effective date of this Act (October 30, 1984).
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(1) the administering authority shall, at the
direction of the President, initiate a proceeding to
determine whether any countervailable subsidy \380\ is
being provided with respect to the subject merchandise
\381\ and, if being so provided, the net
countervailable subsidy; \380\ and
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\380\ Sec. 270(a)(1)(J) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
\381\ Sec. 233(a)(5)(Z) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise subject to the agreement'' and inserted in
lieu thereof ``subject merchandise''.
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(2) if the administering authority initiates a
proceeding under paragraph (1), the Commission shall
determine whether imports of the merchandise of the
kind subject to the agreement will, upon termination of
the agreement, materially injure, or threaten with
material injury, an industry in the United States or
materially retard the establishment of such an
industry.
(b) Determinations.--The determinations required to be made
by the administering authority and the Commission under
subsection (a) shall be made under such procedures as the
administering authority and the Commission, respectively, shall
by regulation prescribe, and shall be treated as final
determinations made under section 705 for purposes of judicial
review under section 516A. If the determinations by each are
affirmative, the administering authority shall--
(1) issue a countervailing duty order under section
706 effective with respect to merchandise entered on
and after the date on which the agreement terminates;
and
(2) order the suspension of liquidation of all
entries of subject merchandise \382\ which are entered,
or withdrawn from warehouse for consumption, on or
after the date of publication of the order in the
Federal Register.
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\382\ Sec. 233(a)(5)(AA) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise subject to the order'' and inserted in lieu
thereof ``subject merchandise''.
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(c) Hearings.--The determination proceedings required to be
prescribed under subsection (b) shall provide that the
administering authority and the Commission must, upon the
request of any interested party, hold a hearing in accordance
with section 774 on the issues involved.
Subtitle D--General Provisions
SEC. 771.\383\ DEFINITIONS; SPECIAL RULES.
For purposes of this title--
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\383\ 19 U.S.C. 1677.
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(1) Administering authority.--The term
``administering authority'' means the Secretary of
Commerce,\384\ or any other officer of the United
States to whom the responsibility for carrying out the
duties of the administering authority under this title
are transferred by law.
---------------------------------------------------------------------------
\384\ Sec. 233(b)(2) of Public Law 103-465 (108 Stat. 4901) struck
out ``the Treasury'' and inserted in lieu thereof ``Commerce''.
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(2) Commission.--The term ``Commission'' means the
United States International Trade Commission.
(3) Country.--The term ``country'' means a foreign
country, a political subdivision, dependent territory,
or possession of a foreign country, and, except for the
purpose of antidumping proceedings, may include an
association of 2 or more foreign countries, political
subdivisions, dependent territories, or possessions of
countries into a customs union outside the United
States.
(4) Industry.--
(A) \385\ In general.--The term ``industry''
means the producers as a whole of a domestic
like product, or those producers whose
collective output of a domestic like product
constitutes a major proportion of the total
domestic production of the product.
---------------------------------------------------------------------------
\385\ Sec. 222(a)(1) of Public Law 103-465 (108 Stat. 4869) amended
and restated subparas. (A) and (B).
---------------------------------------------------------------------------
(B) \385\ Related parties.--
(i) If a producer of a domestic like
product and an exporter or importer of
the subject merchandise are related
parties, or if a producer of the
domestic like product is also an
importer of the subject merchandise,
the producer may, in appropriate
circumstances, be excluded from the
industry.
(ii) For purposes of clause (i), a
producer and an exporter or importer
shall be considered to be related
parties, if--
(I) the producer directly or
indirectly controls the
exporter or importer,
(II) the exporter or importer
directly or indirectly controls
the producer,
(III) a third party directly
or indirectly controls the
producer and the exporter or
importer, or
(IV) the producer and the
exporter or importer directly
or indirectly control a third
party and there is reason to
believe that the relationship
causes the producer to act
differently than a nonrelated
producer.
For purposes of this subparagraph, a party
shall be considered to directly or indirectly
control another party if the party is legally
or operationally in a position to exercise
restraint or direction over the other party.
(C) Regional industries.--In appropriate
circumstances, the United States, for a
particular product market, may be divided into
2 or more markets and the producers within each
market may be treated as if they were a
separate industry if--
(i) the producers within such market
sell all or almost all of their
production of the domestic like product
\386\ in question in that market, and
---------------------------------------------------------------------------
\386\ Sec. 233(a)(3)(A)(i) of Public Law 103-465 (108 Stat. 4898)
struck out ``like product'' and inserted in lieu thereof ``domestic
like product''.
---------------------------------------------------------------------------
(ii) the demand in that market is not
supplied, to any substantial degree, by
producers of the product in question
located elsewhere in the United States.
In such appropriate circumstances, material
injury, the threat of material injury, or
material retardation of the establishment of an
industry may be found to exist with respect to
an industry even if the domestic industry as a
whole, or those producers whose collective
output of a domestic like product \386\
constitutes a major proportion of the total
domestic production of that product, is not
injured, if there is a concentration of dumped
imports or imports of merchandise benefiting
from a countervailable subsidy \380\ into such
an isolated market and if the producers of all,
or almost all, of the production within that
market are being materially injured or
threatened by material injury, or if the
establishment of an industry is being
materially retarded, by reason of the dumped
imports or imports of merchandise benefiting
from a countervailable subsidy.\387\ The term
``regional industry'' means the domestic
producers within a region who are treated as a
separate industry under this subparagraph.\388\
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\387\ Sec. 270(c)(2) of Public Law 103-465 (108 Stat. 4917) struck
out ``subsidized or'' before ``dumped imports'' and inserted ``or
imports of merchandise benefiting from a countervailable subsidy''
after ``dumped imports''.
\388\ Sec. 222(a)(2) of Public Law 103-465 (108 Stat. 4869) added
this sentence.
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(D) Product lines.--The effect of dumped
imports or imports of merchandise benefiting
from a countervailable subsidy \387\ shall be
assessed in relation to the United States
production of a domestic like product \386\ if
available data permit the separate
identification of production in terms of such
criteria as the production process or the
producer's profits. If the domestic production
of the domestic like product \386\ has no
separate identity in terms of such criteria,
then the effect of the dumped imports or
imports of merchandise benefiting from a
countervailable subsidy \387\ shall be assessed
by the examination of the production of the
narrowest group or range of products, which
include a domestic like product,\386\ for which
the necessary information can be provided.
(E) \389\ Industry producing processed
agricultural products.--
---------------------------------------------------------------------------
\389\ Sec. 1326(a) of Public Law 100-418 (102 Stat. 1203) inserted
subpara. (E).
---------------------------------------------------------------------------
(i) In general.--Subject to clause
(v), in an investigation involving a
processed agricultural product produced
from any raw agricultural product, the
producers or growers of the raw
agricultural product may be considered
part of the industry producing the
processed product if--
(I) the processed
agricultural product is
produced from the raw
agricultural product through a
single continuous line of
production; and
(II) there is a substantial
coincidence of economic
interest between the producers
or growers of the raw
agricultural product and the
processors of the processed
agricultural product based upon
relevant economic factors,
which may, in the discretion of
the Commission, include price,
added market value, or other
economic interrelationships
(regardless of whether such
coincidence of economic
interest is based upon any
legal relationship).
(ii) Processing.--For purposes of
this subparagraph, the processed
agricultural product shall be
considered to be processed from a raw
agricultural product through a single
continuous line of production if--
(I) the raw agricultural
product is substantially or
completely devoted to the
production of the processed
agricultural product; and
(II) the processed
agricultural product is
produced substantially or
completely from the raw
product.
(iii) Relevant economic factors.--For
purposes of clause (i)(II), in addition
to such other factors it considers
relevant to the question of coincidence
of economic interest, the Commission
shall--
(I) if price is taken into
account, consider the degree of
correlation between the price
of the raw agricultural product
and the price of the processed
agricultural product; and
(II) if added market value is
taken into account, consider
whether the value of the raw
agricultural product
constitutes a significant
percentage of the value of the
processed agricultural product.
(iv) Raw agricultural product.--For
purposes of this subparagraph, the term
``raw agricultural product'' means any
farm or fishery product.
(v) Termination of this
subparagraph.--This subparagraph shall
cease to have effect if the United
States Trade Representative notifies
the administering authority and the
Commission that the application of this
subparagraph is inconsistent with the
international obligations of the United
States.
(5) \390\ Countervailable subsidy.--
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\390\ Sec. 251(a) of Public Law 103-465 (108 Stat. 4902) amended
and restated para. (5). The paragraph was previously amended and
restated by sec. 1312 of Public Law 100-418 (102 Stat. 1184).
---------------------------------------------------------------------------
(A) In general.--Except as provided in
paragraph (5B), a countervailable subsidy is a
subsidy described in this paragraph which is
specific as described in paragraph (5A).
(B) Subsidy described.--A subsidy is
described in this paragraph in the case in
which an authority--
(i) provides a financial
contribution,
(ii) provides any form of income or
price support within the meaning of
Article XVI of the GATT 1994, or
(iii) makes a payment to a funding
mechanism to provide a financial
contribution, or entrusts or directs a
private entity to make a financial
contribution, if providing the
contribution would normally be vested
in the government and the practice does
not differ in substance from practices
normally followed by governments, to a
person and a benefit is thereby
conferred. For purposes of this
paragraph and paragraphs (5A) and (5B),
the term ``authority'' means a
government of a country or any public
entity within the territory of the
country.
(C) Other factors.--The determination of
whether a subsidy exists shall be made without
regard to whether the recipient of the subsidy
is publicly or privately owned and without
regard to whether the subsidy is provided
directly or indirectly on the manufacture,
production, or export of merchandise. The
administering authority is not required to
consider the effect of the subsidy in
determining whether a subsidy exists under this
paragraph.
(D) Financial contribution.--The term
``financial contribution'' means--
(i) the direct transfer of funds,
such as grants, loans, and equity
infusions, or the potential direct
transfer of funds or liabilities, such
as loan guarantees,
(ii) foregoing or not collecting
revenue that is otherwise due, such as
granting tax credits or deductions from
taxable income,
(iii) providing goods or services,
other than general infrastructure, or
(iv) purchasing goods.
(E) Benefit conferred.--A benefit shall
normally be treated as conferred where there is
a benefit to the recipient, including--
(i) in the case of an equity
infusion, if the investment decision is
inconsistent with the usual investment
practice of private investors,
including the practice regarding the
provision of risk capital, in the
country in which the equity infusion is
made,
(ii) in the case of a loan, if there
is a difference between the amount the
recipient of the loan pays on the loan
and the amount the recipient would pay
on a comparable commercial loan that
the recipient could actually obtain on
the market,
(iii) in the case of a loan
guarantee, if there is a difference,
after adjusting for any difference in
guarantee fees, between the amount the
recipient of the guarantee pays on the
guaranteed loan and the amount the
recipient would pay for a comparable
commercial loan if there were no
guarantee by the authority, and
(iv) in the case where goods or
services are provided, if such goods or
services are provided for less than
adequate remuneration, and in the case
where goods are purchased, if such
goods are purchased for more than
adequate remuneration.
For purposes of clause (iv), the adequacy of
remuneration shall be determined in relation to
prevailing market conditions for the good or
service being provided or the goods being
purchased in the country which is subject to
the investigation or review. Prevailing market
conditions include price, quality,
availability, marketability, transportation,
and other conditions of purchase or sale.
(F) Change in ownership.--A change in
ownership of all or part of a foreign
enterprise or the productive assets of a
foreign enterprise does not by itself require a
determination by the administering authority
that a past countervailable subsidy received by
the enterprise no longer continues to be
countervailable, even if the change in
ownership is accomplished through an arm's
length transaction.
(5A) Specificity.--
(A) In general.--A subsidy is specific if it
is an export subsidy described in subparagraph
(B) or an import substitution subsidy described
in subparagraph (C), or if it is determined to
be specific pursuant to subparagraph (D).
(B) Export subsidy.--An export subsidy is a
subsidy that is, in law or in fact, contingent
upon export performance, alone or as 1 of 2 or
more conditions.
(C) Import substitution subsidy.--An import
substitution subsidy is a subsidy that is
contingent upon the use of domestic goods over
imported goods, alone or as 1 of 2 or more
conditions.
(D) Domestic subsidy.--In determining whether
a subsidy (other than a subsidy described in
subparagraph (B) or (C)) is a specific subsidy,
in law or in fact, to an enterprise or industry
within the jurisdiction of the authority
providing the subsidy, the following guidelines
shall apply:
(i) Where the authority providing the
subsidy, or the legislation pursuant to
which the authority operates, expressly
limits access to the subsidy to an
enterprise or industry, the subsidy is
specific as a matter of law.
(ii) Where the authority providing
the subsidy, or the legislation
pursuant to which the authority
operates, establishes objective
criteria or conditions governing the
eligibility for, and the amount of, a
subsidy, the subsidy is not specific as
a matter of law, if--
(I) eligibility is automatic,
(II) the criteria or
conditions for eligibility are
strictly followed, and
(III) the criteria or
conditions are clearly set
forth in the relevant statute,
regulation, or other official
document so as to be capable of
verification.
For purposes of this clause, the term
``objective criteria or conditions''
means criteria or conditions that are
neutral and that do not favor one
enterprise or industry over another.
(iii) Where there are reasons to
believe that a subsidy may be specific
as a matter of fact, the subsidy is
specific if one or more of the
following factors exist:
(I) The actual recipients of
the subsidy, whether considered
on an enterprise or industry
basis, are limited in number.
(II) An enterprise or
industry is a predominant user
of the subsidy.
(III) An enterprise or
industry receives a
disproportionately large amount
of the subsidy.
(IV) The manner in which the
authority providing the subsidy
has exercised discretion in the
decision to grant the subsidy
indicates that an enterprise or
industry is favored over
others.
In evaluating the factors set forth in
subclauses (I), (II), (III), and (IV),
the administering authority shall take
into account the extent of
diversification of economic activities
within the jurisdiction of the
authority providing the subsidy, and
the length of time during which the
subsidy program has been in operation.
(iv) Where a subsidy is limited to an
enterprise or industry located within a
designated geographical region within
the jurisdiction of the authority
providing the subsidy, the subsidy is
specific.
For purposes of this paragraph and paragraph (5B), any
reference to an enterprise or industry is a reference
to a foreign enterprise or foreign industry and
includes a group of such enterprises or industries.
(5B) Categories of noncountervailable subsidies.--
(A) In general.--Notwithstanding the
provisions of paragraphs (5) and (5A), in the
case of merchandise imported from a Subsidies
Agreement country, a subsidy shall be treated
as noncountervailable if the administering
authority determines in an investigation under
subtitle A or a review under subtitle C that
the subsidy meets all of the criteria described
in subparagraph (B), (C), or (D), as the case
may be, or the provisions of subparagraph
(E)(i) apply.
(B) Research subsidy.--
(i) In general.--Except for a subsidy
provided on the manufacture,
production, or export of civil
aircraft, a subsidy for research
activities conducted by a person, or by
a higher education or research
establishment on a contract basis with
a person, shall be treated as
noncountervailable, if the subsidy
covers not more than 75 percent of the
costs of industrial research or not
more than 50 percent of the costs of
precompetitive development activity,
and such subsidy is limited exclusively
to--
(I) the costs of researchers,
technicians, and other
supporting staff employed
exclusively in the research
activity,
(II) the costs of
instruments, equipment, land,
or buildings that are used
exclusively and permanently
(except when disposed of on a
commercial basis) for the
research activity,
(III) the costs of
consultancy and equivalent
services used exclusively for
the research activity,
including costs for bought-in
research, technical knowledge,
and patents,
(IV) additional overhead
costs incurred directly as a
result of the research
activity, and
(V) other operating costs
(such as materials and
supplies) incurred directly as
a result of the research
activity.
(ii) Definitions.--For purposes of
this subparagraph--
(I) Industrial research.--The
term ``industrial research''
means planned search or
critical investigation aimed at
the discovery of new knowledge,
with the objective that such
knowledge may be useful in
developing new products,
processes, or services, or in
bringing about a significant
improvement to existing
products, processes, or
services.
(II) Precompetitive
development activity.--The term
``precompetitive development
activity'' means the
translation of industrial
research findings into a plan,
blueprint, or design for new,
modified, or improved products,
processes, or services, whether
intended for sale or use,
including the creation of a
first prototype that would not
be capable of commercial use.
The term also may include the
conceptual formulation and
design of products, processes,
or services alternatives and
initial demonstration or pilot
projects, if these same
projects cannot be converted or
used for industrial application
or commercial exploitation. The
term does not include routine
or periodic alterations to
existing products, production
lines, manufacturing processes,
services, or other ongoing
operations even if those
alterations may represent
improvements.
(iii) Calculation rules.--
(I) In general.--In the case
of a research activity that
spans both industrial research
and precompetitive development
activity, the allowable level
of the noncountervailable
subsidy shall not exceed 62.5
percent of the costs set forth
in subclauses (I), (II), (III),
(IV), and (V) of clause (i).
(II) Total eligible costs.--
The allowable level of a
noncountervailable subsidy
described in clause (i) shall
be based on the total eligible
costs incurred over the
duration of a particular
project.
(C) Subsidy to disadvantaged regions.--
(i) In general.--A subsidy provided,
pursuant to a general framework of
regional development, to a person
located in a disadvantaged region
within a country shall be treated as
noncountervailable, if it is not
specific (within the meaning of
paragraph (5A)) within eligible regions
and if the following conditions are
met:
(I) Each region identified as
disadvantaged within the
territory of a country is a
clearly designated, contiguous
geographical area with a
definable economic and
administrative identity.
(II) Each region is
considered a disadvantaged
region on the basis of neutral
and objective criteria
indicating that the region is
disadvantaged because of more
than temporary circumstances,
and such criteria are clearly
stated in the relevant statute,
regulation, or other official
document so as to be capable of
verification.
(III) The criteria described
in subclause (II) include a
measurement of economic
development.
(IV) Programs provided within
a general framework of regional
development include ceilings on
the amount of assistance that
can be granted to a subsidized
project. Such ceilings are
differentiated according to the
different levels of development
of assisted regions, and are
expressed in terms of
investment costs or costs of
job creation. Within such
ceilings, the distribution of
assistance is sufficiently
broad and even to avoid the
predominant use of a subsidy
by, or the provision of
disproportionately large
amounts of a subsidy to, an
enterprise or industry as
described in paragraph (5A)(D).
(ii) Measurement of economic
development.--For purposes of clause
(i), the measurement of economic
development shall be based on one or
more of the following factors:
(I) Per capita income,
household per capita income, or
per capita gross domestic
product that does not exceed 85
percent of the average for the
country subject to
investigation or review.
(II) An unemployment rate
that is at least 110 percent of
the average unemployment rate
for the country subject to
investigation or review.
The measurement of economic development
shall cover a 3-year period, but may be
a composite measurement and may include
factors other than those set forth in
this clause.
(iii) Definitions.--For purposes of
this subparagraph--
(I) General framework of
regional development.--The term
``general framework of regional
development'' means that the
regional subsidy programs are
part of an internally
consistent and generally
applicable regional development
policy, and that regional
development subsidies are not
granted in isolated
geographical points having no,
or virtually no, influence on
the development of a region.
(II) Neutral and objective
criteria.--The term ``neutral
and objective criteria'' means
criteria that do not favor
certain regions beyond what is
appropriate for the elimination
or reduction of regional
disparities within the
framework of the regional
development policy.
(D) Subsidy for adaptation of existing
facilities to new environmental requirements.--
(i) In general.--A subsidy that is
provided to promote the adaptation of
existing facilities to new
environmental requirements that are
imposed by statute or by regulation,
and that result in greater constraints
and financial burdens on the recipient
of the subsidy, shall be treated as
noncountervailable, if the subsidy--
(I) is a one-time
nonrecurring measure,
(II) is limited to 20 percent
of the cost of adaptation,
(III) does not cover the cost
of replacing and operating the
subsidized investment, a cost
that must be fully borne by the
recipient,
(IV) is directly linked and
proportionate to the
recipient's planned reduction
of nuisances and pollution, and
does not cover any
manufacturing cost savings that
may be achieved, and
(V) is available to all
persons that can adopt the new
equipment or production
processes.
(ii) Existing facilities.--For
purposes of this subparagraph, the term
``existing facilities'' means
facilities that have been in operation
for at least 2 years before the date on
which the new environmental
requirements are imposed.
(E) Notified subsidy program.--
(i) General rule.--If a subsidy is
provided pursuant to a program that has
been notified in accordance with
Article 8.3 of the Subsidies Agreement,
the subsidy shall be treated as
noncountervailable and shall not be
subject to investigation or review
under this title.
(ii) Exception.--Notwithstanding
clause (i), a subsidy shall be treated
as countervailable if--
(I) the Trade Representative
notifies the administering
authority that a determination
has been made pursuant to
Article 8.4 or 8.5 of the
Subsidies Agreement that the
subsidy, or the program
pursuant to which the subsidy
was provided, does not satisfy
the conditions and criteria of
Article 8.2 of the Subsidies
Agreement; and
(II) the subsidy is specific
within the meaning of paragraph
(5A).
(F) Certain subsidies on agricultural
products.--Domestic support measures that are
provided with respect to products listed in
Annex 1 to the Agreement on Agriculture, and
that the administering authority determines
conform fully to the provisions of Annex 2 to
that Agreement, shall be treated as
noncountervailable. Upon request by the
administering authority, the Trade
Representative shall provide advice regarding
the interpretation and application of Annex 2.
(G) Provisional application.--
(i) Subparagraphs (B), (C), (D), and
(E) shall not apply on or after the
first day of the month that is 66
months after the WTO Agreement enters
into force, unless the provisions of
such subparagraphs are extended
pursuant to section 282(c) of the
Uruguay Round Agreements Act.
(ii) Subparagraph (F) shall not apply
to imports from a WTO member country at
the end of the 9-year period beginning
on January 1, 1995. The Trade
Representative shall determine the
precise termination date for each WTO
member country in accordance with
paragraph (i) of Article 1 of the
Agreement on Agriculture and such date
shall be notified to the administering
authority.
(6) \391\ Net countervailable subsidy.--For the
purpose of determining the net countervailable subsidy,
the administering authority may subtract from the gross
countervailable subsidy the amount of--
---------------------------------------------------------------------------
\391\ Sec. 251(b) of Public Law 103-465 (108 Stat. 4908) inserted
``countervailable'' before ``subsidy'' throughout para. (6).
---------------------------------------------------------------------------
(A) any application fee, deposit, or similar
payment paid in order to qualify for, or to
receive, the benefit of the countervailable
subsidy,
(B) any loss in the value of the
countervailable subsidy resulting from its
deferred receipt, if the deferral is mandated
by Government order, and
(C) export taxes, duties, or other charges
levied on the export of merchandise to the
United States specifically intended to offset
the countervailable subsidy received.
(7) Material injury.--
(A) In general.--The term ``material injury''
means harm which is not inconsequential,
immaterial, or unimportant.
(B) \392\ Volume and consequent impact.--In
making determinations under sections 703(a),
705(b), 733(a), and 735(b), the Commission, in
each case--
---------------------------------------------------------------------------
\392\ Sec. 1328 of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 102 Stat. 1205) amended and restated subpara.
(B).
---------------------------------------------------------------------------
(i) shall consider--
(I) the volume of imports of
the subject merchandise,\393\
---------------------------------------------------------------------------
\393\ Sec. 233(a)(5)(BB) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
---------------------------------------------------------------------------
(II) the effect of imports of
that merchandise on prices in
the United States for domestic
like products,\394\ and
---------------------------------------------------------------------------
\394\ Sec. 233(a)(3)(B) of Public Law 103-465 (108 Stat. 4898)
struck out ``like products'' and inserted in lieu thereof ``domestic
like products''.
---------------------------------------------------------------------------
(III) the impact of imports
of such merchandise on domestic
producers of domestic like
products,\394\ but only in the
context of production
operations within the United
States; and
(ii) may consider such other economic
factors as are relevant to the
determination regarding whether there
is material injury by reason of
imports.
In the notification required under section
705(d) or 735(d), as the case may be, the
Commission shall explain its analysis of each
factor considered under clause (i), and
identify each factor considered under clause
(ii) and explain in full its relevance to the
determination.
(C) \395\ Evaluation of relevant factors.--
For purposes of subparagraph (B)--
---------------------------------------------------------------------------
\395\ Sec. 1328(2) of Public Law 100-418 (102 Stat. 1205) amended
subpara. (C) by amending the heading which previously read ``Evaluation
of volume and of price effects''; by striking out ``price
undercutting'' in clause (ii)(I) and inserting in lieu thereof ``price
underselling''; and by restating clause (iii).
---------------------------------------------------------------------------
(i) Volume.--In evaluating the volume
of imports of merchandise, the
Commission shall consider whether the
volume of imports of the merchandise,
or any increase in that volume, either
in absolute terms or relative to
production or consumption in the United
States, is significant.
(ii) Price.--In evaluating the effect
of imports of such merchandise on
prices, the Commission shall consider
whether--
(I) there has been
significant price underselling
\395\ by the imported
merchandise as compared with
the price of domestic like
products \394\ of the United
States, and
(II) the effect of imports of
such merchandise otherwise
depresses prices to a
significant degree or prevents
price increases, which
otherwise would have occurred,
to a significant degree.
(iii) \395\ Impact on affected
domestic industry.--In examining the
impact required to be considered under
subparagraph (B)(i)(III),\396\ the
Commission shall evaluate all relevant
economic factors which have a bearing
on the state of the industry in the
United States, including, but not
limited to--
---------------------------------------------------------------------------
\396\ Sec. 222(b)(3) of Public Law 103-465 (108 Stat. 4870) struck
out ``subparagraph (B)(iii)'' and inserted in lieu thereof
``subparagraph (B)(i)(III)''.
---------------------------------------------------------------------------
(I) actual and potential
decline in output, sales,
market share, profits,
productivity, return on
investments, and utilization of
capacity,
(II) factors affecting
domestic prices,
(III) actual and potential
negative effects on cash flow,
inventories, employment, wages,
growth, ability to raise
capital, and investment,\397\
---------------------------------------------------------------------------
\397\ Sec. 222(b)(1) of Public Law 103-465 (108 Stat. 4870) struck
out ``and'' at the end of subclause (III), struck out a period and
inserted in lieu thereof ``, and'' at the end of subclause (IV), and
added a new subclause (V).
---------------------------------------------------------------------------
(IV) actual and potential
negative effects on the
existing development and
production efforts of the
domestic industry, including
efforts to develop a derivative
or more advanced version of the
domestic like product,\398\ and
\397\
---------------------------------------------------------------------------
\398\ Sec. 233(a)(3)(A)(ii) of Public Law 103-465 (108 Stat. 4898)
struck out ``like product'' and inserted in lieu thereof ``domestic
like product''.
---------------------------------------------------------------------------
(V) \397\ in a proceeding
under subtitle B, the magnitude
of the margin of dumping.
The Commission shall evaluate all
relevant economic factors described in
this clause within the context of the
business cycle and conditions of
competition that are distinctive to the
affected industry.
(iv) \399\ Captive production.--If
domestic producers internally transfer
significant production of the domestic
like product for the production of a
downstream article and sell significant
production of the domestic like product
in the merchant market, and the
Commission finds that--
---------------------------------------------------------------------------
\399\ Sec. 222(b)(2) of Public Law 103-465 (108 Stat. 4870) amended
and restated clause (iv).
---------------------------------------------------------------------------
(I) the domestic like product
produced that is internally
transferred for processing into
that downstream article does
not enter the merchant market
for the domestic like product,
(II) the domestic like
product is the predominant
material input in the
production of that downstream
article, and
(III) the production of the
domestic like product sold in
the merchant market is not
generally used in the
production of that downstream
article,
then the Commission, in determining
market share and the factors affecting
financial performance set forth in
clause (iii), shall focus primarily on
the merchant market for the domestic
like product.
(v) \400\ * * * [Repealed--1994]
---------------------------------------------------------------------------
\400\ Sec. 222(d)(1) of Public Law 103-465 (108 Stat. 4871)
repealed clause (v), relating to the treatment of negligible imports.
See sec. 771(24).
---------------------------------------------------------------------------
(D) Special rules for agricultural
products.--
(i) The Commission shall not
determine that there is no material
injury or threat of material injury to
United States producers of an
agricultural commodity merely because
of the prevailing market price is at or
above the minimum support price.
(ii) In the case of agricultural
products, the Commission shall consider
any increased burden on government
income or price support programs.
(E) Special rules.--For purposes of this
paragraph--
(i) \401\ Nature of countervailable
subsidy.--In determining whether there
is a threat of material injury, the
Commission shall consider information
provided to it by the administering
authority regarding the nature of the
countervailable subsidy granted by a
foreign country (particularly whether
the countervailable subsidy is a
subsidy described in Article 3 or 6.1
of the Subsidies Agreement) and the
effects likely to be caused by the
countervailable subsidy.
---------------------------------------------------------------------------
\401\ Sec. 266 of Public Law 103-465 (108 Stat. 4915) amended and
restated clause (i).
---------------------------------------------------------------------------
(ii) Standard for determination.--The
presence or absence of any factor which
the Commission is required to evaluate
under subparagraph (C) or (D) shall not
necessarily give decisive guidance with
respect to the determination by the
Commission of material injury.
(F) \402\ Threat of material injury.--
---------------------------------------------------------------------------
\402\ Sec. 612(a)(2)(B) of Public Law 98-573 (98 Stat. 3033) added
subpara. (F). Sec. 626(b) of Public Law 98-573 further stated that this
amendment shall apply with respect to investigations initiated by
petition or by the administering authority under subtitles A and B of
title VII of the Tariff Act of 1930 on or after the effective date of
this Act (October 30, 1984).
---------------------------------------------------------------------------
(i) \403\ In general.--In determining
whether an industry in the United
States is threatened with material
injury by reason of imports (or sales
for importation) of the subject
merchandise, the Commission shall
consider, among other relevant economic
factors--
---------------------------------------------------------------------------
\403\ Sec. 222(c) of Public Law 103-465 (108 Stat. 4870) amended
and restated clauses (i) and (ii).
---------------------------------------------------------------------------
(I) if a countervailable
subsidy is involved, such
information as may be presented
to it by the administering
authority as to the nature of
the subsidy (particularly as to
whether the countervailable
subsidy is a subsidy described
in Article 3 or 6.1 of the
Subsidies Agreement), and
whether imports of the subject
merchandise are likely to
increase,
(II) any existing unused
production capacity or
imminent, substantial increase
in production capacity in the
exporting country indicating
the likelihood of substantially
increased imports of the
subject merchandise into the
United States, taking into
account the availability of
other export markets to absorb
any additional exports,
(III) a significant rate of
increase of the volume or
market penetration of imports
of the subject merchandise
indicating the likelihood of
substantially increased
imports,
(IV) whether imports of the
subject merchandise are
entering at prices that are
likely to have a significant
depressing or suppressing
effect on domestic prices, and
are likely to increase demand
for further imports,
(V) inventories of the
subject merchandise,
(VI) the potential for
product-shifting if production
facilities in the foreign
country, which can be used to
produce the subject
merchandise, are currently
being used to produce other
products,
(VII) in any investigation
under this title which involves
imports of both a raw
agricultural product (within
the meaning of paragraph
(4)(E)(iv)) and any product
processed from such raw
agricultural product, the
likelihood that there will be
increased imports, by reason of
product shifting, if there is
an affirmative determination by
the Commission under section
705(b)(1) or 735(b)(1) with
respect to either the raw
agricultural product or the
processed agricultural product
(but not both),
(VIII) the actual and
potential negative effects on
the existing development and
production efforts of the
domestic industry, including
efforts to develop a derivative
or more advanced version of the
domestic like product, and
(IX) any other demonstrable
adverse trends that indicate
the probability that there is
likely to be material injury by
reason of imports (or sale for
importation) of the subject
merchandise (whether or not it
is actually being imported at
the time).
(ii) \403\ Basis for determination.--
The Commission shall consider the
factors set forth in clause (i) as a
whole in making a determination of
whether further dumped or subsidized
imports are imminent and whether
material injury by reason of imports
would occur unless an order is issued
or a suspension agreement is accepted
under this title. The presence or
absence of any factor which the
Commission is required to consider
under clause (i) shall not necessarily
give decisive guidance with respect to
the determination. Such a determination
may not be made on the basis of mere
conjecture or supposition.
(iii) \404\ Effect of dumping in
third-country markets.--
---------------------------------------------------------------------------
\404\ Sec. 1329(4) of Public Law 100-418 (102 Stat. 1206) added
clause (iii).
---------------------------------------------------------------------------
(I) In general.--In
investigations under subtitle
B, the Commission shall
consider whether dumping in the
markets of foreign countries
(as evidenced by dumping
findings or antidumping
remedies in other WTO member
\405\ markets against the same
class or kind of merchandise
manufactured or exported by the
same party as under
investigation) suggests a
threat of material injury to
the domestic industry. In the
course of its investigation,
the Commission shall request
information from the foreign
manufacturer, exporter, or
United States importer
concerning this issue.
---------------------------------------------------------------------------
\405\ Sec. 233(b)(1)(A) of Public Law 103-465 (108 Stat. 4901)
struck out ``GATT member'' and inserted in lieu thereof ``WTO member''.
---------------------------------------------------------------------------
(II) \406\ WTO member
market.--For purposes of this
clause, the term ``WTO member
market'' means the market of
any country which is a WTO
member.\407\
---------------------------------------------------------------------------
\406\ Sec. 233(b)(1)(B) of Public Law 103-465 (108 Stat. 4901)
struck out ``GATT member'' and inserted in lieu thereof ``WTO member''
in the subclause heading and in the text.
\407\ Sec. 233(b)(1)(B)(iii) of Public Law 103-465 (108 Stat. 4901)
struck out ``signatory to The Agreement on Implementation of Article VI
of the General Agreement on Tariffs and Trade (relating to antidumping
measures)'' and inserted in lieu thereof ``WTO member''.
---------------------------------------------------------------------------
(III) European communities.--
For purposes of this clause,
the European Communities shall
be treated as a foreign
country.
(iv) \408\ * * * [Repealed--1994]
---------------------------------------------------------------------------
\408\ Sec. 222(e) of Public Law 103-465 (108 Stat. 4873) struck out
clause (iv), relating to cumulation, and added new subparas. (G) and
(H).
---------------------------------------------------------------------------
(G) \408\ Cumulation for determining material
injury.--
(i) In general.--For purposes of
clauses (i) and (ii) of subparagraph
(C), and subject to clause (ii), the
Commission shall cumulatively assess
the volume and effect of imports of the
subject merchandise from all countries
with respect to which--
(I) petitions were filed
under section 702(b) or 732(b)
on the same day,
(II) investigations were
initiated under section 702(a)
or 732(a) on the same day, or
(III) petitions were filed
under section 702(b) or 732(b)
and investigations were
initiated under section 702(a)
or 732(a) on the same day,
if such imports compete with each other
and with domestic like products in the
United States market.
(ii) Exceptions.--The Commission
shall not cumulatively assess the
volume and effect of imports under
clause (i)--
(I) with respect to which the
administering authority has
made a preliminary negative
determination, unless the
administering authority
subsequently made a final
affirmative determination with
respect to those imports before
the Commission's final
determination is made;
(II) from any country with
respect to which the
investigation has been
terminated;
(III) \409\ from any country
designated as a beneficiary
country under the Caribbean
Basin Economic Recovery Act (19
U.S.C. 2701 et seq.) for
purposes of making a
determination with respect to
that country, except that the
volume and effect of imports of
the subject merchandise from
such country may be
cumulatively assessed with
imports of the subject
merchandise from any other
country designated as such a
beneficiary country to the
extent permitted by clause (i);
or
---------------------------------------------------------------------------
\409\ Sec. 201(a)(3)(B)(i) of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act (Public
Law 109-53; 119 Stat. 467) provided that each CAFTA-DR country shall be
considered a beneficiary country under sec. 212(a) of the Caribbean
Basin Economic Recovery Act for the purposes of secs.
771(7)(G)(ii)(III) and 771(7)(H) of the Tariff Act of 1930.
---------------------------------------------------------------------------
(IV) from any country that is
a party to an agreement with
the United States establishing
a free trade area, which
entered into force and effect
before January 1, 1987, unless
the Commission determines that
a domestic industry is
materially injured or
threatened with material injury
by reason of imports from that
country.
(iii) Records in final
investigations.--In each final
determination in which it cumulatively
assesses the volume and effect of
imports under clause (i), the
Commission shall make its
determinations based on the record
compiled in the first investigation in
which it makes a final determination,
except that when the administering
authority issues its final
determination in a subsequently
completed investigation, the Commission
shall permit the parties in the
subsequent investigation to submit
comments concerning the significance of
the administering authority's final
determination, and shall include such
comments and the administering
authority's final determination in the
record for the subsequent
investigation.
(iv) Regional industry
determinations.--In an investigation
which involves a regional industry, and
in which the Commission decides that
the volume and effect of imports should
be cumulatively assessed under this
subparagraph, such assessment shall be
based upon the volume and effect of
imports into the region or regions
determined by the Commission. The
provisions of clause (iii) shall apply
to such investigations.
(H) 408, 409 Cumulation for
determining threat of material injury.--To the
extent practicable and subject to subparagraph
(G)(ii), for purposes of clause (i)(III) and
(IV) of subparagraph (F), the Commission may
cumulatively assess the volume and price
effects of imports of the subject merchandise
from all countries with respect to which
(i) petitions were filed under
section 702(b) or 732(b) on the same
day,
(ii) investigations were initiated
under section 702(a) or 732(a) on the
same day, or
(iii) petitions were filed under
section 702(b) or 732(b) and
investigations were initiated under
section 702(a) or 732(a) on the same
day, if such imports compete with each
other and with domestic like products
in the United States market.
(I) \410\ Consideration of post-petition
information.--The Commission shall consider
whether any change in the volume, price
effects, or impact of imports of the subject
merchandise since the filing of the petition in
an investigation under subtitle A or B is
related to the pendency of the investigation
and, if so, the Commission may reduce the
weight accorded to the data for the period
after the filing of the petition in making its
determination of material injury, threat of
material injury, or material retardation of the
establishment of an industry in the United
States.
---------------------------------------------------------------------------
\410\ Sec. 222(f) of Public Law 103-465 (108 Stat. 4874) added
subpara. (I).
---------------------------------------------------------------------------
(8) \411\ Subsidies agreement; agreement on
agriculture.--
---------------------------------------------------------------------------
\411\ Sec. 270(e) of Public Law 103-465 (108 Stat. 4918) amended
and restated para. (8).
---------------------------------------------------------------------------
(A) Subsidies agreement.--The term
``Subsidies Agreement'' means the Agreement on
Subsidies and Countervailing Measures referred
to in section 101(d)(12) of the Uruguay Round
Agreements Act.
(B) Agreement on agriculture.--The term
``Agreement on Agriculture'' means the
Agreement on Agriculture referred to in section
101(d)(2) of the Uruguay Round Agreements Act.
(9) Interested party.--The term ``interested party''
means--
(A) a foreign manufacturer, producer, or
exporter, or the United States importer, of
subject merchandise \412\ or a trade or
business association a majority of the members
of which are producers, exporters, or \413\
importers of such merchandise,
---------------------------------------------------------------------------
\412\ Sec. 233(a)(5)(CC) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise which is the subject of an investigation under
this title'' and inserted in lieu thereof ``subject merchandise''.
\413\ Sec. 222(g)(1) of Public Law 103-465 (108 Stat. 4874)
inserted ``producers, exporters, or'' before ``importers''.
---------------------------------------------------------------------------
(B) the government of a country in which such
merchandise is produced or manufactured or from
which such merchandise is exported,\414\
---------------------------------------------------------------------------
\414\ Sec. 222(g)(2) of Public Law 103-465 (108 Stat. 4874)
inserted ``or from which such merchandise is exported'' after
``manufactured''.
---------------------------------------------------------------------------
(C) a manufacturer, producer, or wholesaler
in the United States of a domestic like
product,\415\
---------------------------------------------------------------------------
\415\ Sec. 233(a)(3)(A) of Public Law 103-465 (108 Stat. 4898)
struck out ``like product'' and inserted in lieu thereof ``domestic
like product''.
---------------------------------------------------------------------------
(D) a certified union or recognized union or
group of workers which is representative of an
industry engaged in the manufacture,
production, or wholesale in the United States
of a domestic like product,\415\ and
(E) a trade or business association a
majority of whose members manufacture, produce,
or wholesale a domestic like product \415\ in
the United States,\416\
---------------------------------------------------------------------------
\416\ Sec. 1326(c) of Public Law 100-418 (102 Stat. 1204) struck
out ``and'' at the end of subpara. (E); struck out the period at the
end of subpara. (F) and inserted ``, and''; and added new subpara. (G).
---------------------------------------------------------------------------
(F) \417\ an association, a majority of whose
members is composed of interested parties
described in subparagraph (C), (D), or (E) with
respect to a domestic like product,\415\ and
\416\
---------------------------------------------------------------------------
\417\ Sec. 612(a)(3) of Public Law 98-573 (98 Stat. 3034) added
subpara. (F). Sec. 626(b) of Public Law 98-573 further stated that this
amendment shall apply with respect to investigations initiated by
petition or by the administering authority under subtitles A and B of
title VII of the Tariff Act of 1930 on or after the effective date of
this Act (October 30, 1984).
---------------------------------------------------------------------------
(G) \416\ in any investigation under this
title involving an industry engaged in
producing a processed agricultural product, as
defined in paragraph (4)(E), a coalition or
trade association which is representative of
either--
(i) processors,
(ii) processors and producers, or
(iii) processors and growers,
but this subparagraph shall cease to have
effect if the United States Trade
Representative notifies the administering
authority and the Commission that the
application of this subparagraph is
inconsistent with the international obligations
of the United States.
(10) \415\ Domestic like product.--The term
``domestic like product'' means a product which is
like, or in the absence of like, most similar in
characteristics and uses with, the article subject to
an investigation under this title.
(11) Affirmative determinations by divided
commission.--If the Commission voting on a
determination by the Commission, including a
determination under section 751,\418\ are evenly
divided as to whether the determination should be
affirmative or negative, the Commission shall be deemed
to have made an affirmative determination. For the
purpose of applying this paragraph when the issue
before the Commission is to determine whether there
is--
---------------------------------------------------------------------------
\418\ Sec. 221(b) of Public Law 103-465 (108 Stat. 4869) inserted
``, including a determination under section 751,''.
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(A) material injury to an industry in the
United States,
(B) threat of material injury to such an
industry, or
(C) material retardation of the establishment
of an industry in the United States,
by reason of imports of the merchandise, an affirmative
vote on any of the issues shall be treated as a vote
that the determination should be affirmative.
(12) Attribution of merchandise to country of
manufacture or production.--For purposes of subtitle A,
merchandise shall be treated as the product of the
country in which it was manufactured or produced
without regard to whether it is imported directly from
that country and without regard to whether it is
imported in the same condition as when exported from
that country or in a changed condition by reason of
remanufacture or otherwise.
(13) \419\ * * * [Repealed--1994]
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\419\ Sec. 222(i)(2) of Public Law 103-465 (108 Stat. 4876) struck
para. (13), relating to the term ``exporter''.
---------------------------------------------------------------------------
(14) Sold or, in the absence of sales, offered for
sale.--The term ``sold or, in the absence of sales,
offered for sale'' means sold or, in the absence of
sales, offered--
(A) to all purchasers in commercial
quantities,\420\ or
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\420\ Sec. 612(a)(4) of Public Law 98-573 (98 Stat. 3034) struck
out ``at wholesale'' and inserted in lieu thereof ``in commercial
quantities''. Sec. 626(b) of Public Law 98-573 further stated that this
amendment shall apply with respect to investigations initiated by
petition or by the administering authority under subtitles A and B of
title VII of the Tariff Act of 1930 on or after the effective date of
this Act (October 30, 1984).
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(B) in the ordinary course of trade to one or
more selected purchasers at wholesale at a
price which fairly reflects the market value of
the merchandise.
without regard to restrictions as to the disposition or
use of the merchandise by the purchaser except that,
where such restrictions are found to affect the market
value of the merchandise, adjustment shall be made
therefore in calculating the price at which the
merchandise is sold or offered for sale.
(15) Ordinary course of trade.--The term ``ordinary
course of trade'' means the conditions and practices
which, for a reasonable time prior to the exportation
of the subject merchandise,\421\ have been normal in
the trade under consideration with respect to
merchandise of the same class or kind. The
administering authority shall consider the following
sales and transactions, among others, to be outside the
ordinary course of trade:
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\421\ Sec. 222(h)(1) of Public Law 103-465 (108 Stat. 4874) struck
out ``merchandise which is the subject of an investigation'' and
inserted in lieu thereof ``subject merchandise''.
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(A) Sales disregarded under section
773(b)(1).
(B) Transactions disregarded under section
773(f)(2).\422\
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\422\ Sec. 222(h)(2) of Public Law 103-465 (108 Stat. 4874) added
the last sentence through subpara. (B).
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(16) \423\ Foreign like product.--The term ``foreign
like product'' means merchandise in the first of the
following categories in respect of which a
determination for the purposes of subtitle B of this
title can be satisfactorily made:
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\423\ Sec. 233(a)(4) of Public Law 103-465 (108 Stat. 4899) struck
out ``such or similar merchandise'' and inserted in lieu thereof
``foreign like product''.
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(A) The subject merchandise \424\ and other
merchandise which is identical in physical
characteristics with, and was produced in the
same country by the same person as, that
merchandise.
---------------------------------------------------------------------------
\424\ Sec. 233(a)(5)(DD) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise which is the subject of an investigation'' and
inserted in lieu thereof ``subject merchandise''.
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(B) Merchandise--
(i) produced in the same country and
by the same person as the subject
merchandise,\425\
---------------------------------------------------------------------------
\425\ Sec. 233(a)(5)(EE) of Public Law 103-465 (108 Stat. 4900)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''. Sec. 20(b)(7) of
Public Law 104-295 (110 Stat. 3527) made the same amendment.
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(ii) like that merchandise in
component material or materials and in
the purposes for which used, and
(iii) approximately equal in
commercial value to that merchandise.
(C) Merchandise--
(i) produced in the same country and
by the same person and of the same
general class or kind as the
merchandise which is the subject of the
investigation,
(ii) like that merchandise in the
purposes for which used, and
(iii) which the administering
authority determines may reasonably be
compared with that merchandise.
(17) Usual commercial \426\ quantities.--The term
``usual commercial quantities'', in any case in which
the subject merchandise \427\ is sold in the market
under consideration at different prices for different
quantities, means the quantities in which such
merchandise is there sold at the price or prices for
one quantity in an aggregate volume which is greater
than the aggregate volume sold at the price or prices
for any other quantity.
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\426\ Sec. 612(a)(5) of Public Law 98-573 (98 Stat. 3034) struck
out ``wholesale'' and inserted in lieu thereof ``commercial''. Sec.
626(b) of Public Law 98-573 further stated that this amendment shall
apply with respect to investigations initiated by petition or by the
administering authority under subtitles A and B of title VII of the
Tariff Act of 1930 on or after the effective date of this Act (October
30, 1984).
\427\ Sec. 233(a)(5)(FF) of Public Law 103-465 (108 Stat. 4901)
struck out ``merchandise which is the subject of the investigation''
and inserted in lieu thereof ``subject merchandise''.
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(18) \428\ Nonmarket economy country.--
---------------------------------------------------------------------------
\428\ Sec. 1316(b) of Public Law 100-418 (102 Stat. 1187) added
para. (18).
---------------------------------------------------------------------------
(A) In general.--The term ``nonmarket economy
country'' means any foreign country that the
administering authority determines does not
operate on market principles of cost or pricing
structures, so that sales of merchandise in
such country do not reflect the fair value of
the merchandise.
(B) Factors to be considered.--In making
determinations under subparagraph (A) the
administering authority shall take into
account--
(i) the extent to which the currency
of the foreign country is convertible
into the currency of other countries;
(ii) the extent to which wage rates
in the foreign country are determined
by free bargaining between labor and
management,
(iii) the extent to which joint
ventures or other investments by firms
of other foreign countries are
permitted in the foreign country,
(iv) the extent of government
ownership or control of the means of
production,
(v) the extent of government control
over the allocation of resources and
over the price and output decisions of
enterprises, and
(vi) such other factors as the
administering authority considers
appropriate.
(C) Determination in effect.--
(i) Any determination that a foreign
country is a nonmarket economy country
shall remain in effect until revoked by
the administering authority.
(ii) The administering authority may
make a determination under subparagraph
(A) with respect to any foreign country
at any time.
(D) Determinations not in issue.--
Notwithstanding any other provision of law, any
determination made by the administering
authority under subparagraph (A) shall not be
subject to judicial review in any investigation
conducted under subtitle B.
(E) Collection of information.--Upon request
by the administering authority, the
Commissioner of Customs shall provide the
administering authority a copy of all public
and proprietary information submitted to, or
obtained by, the Commissioner of Customs that
the administering authority considers relevant
to proceedings involving merchandise from
nonmarket economy countries. The administering
authority shall protect proprietary information
obtained under this section from public
disclosure in accordance with section 777.
(19) \429\ Equivalency of leases to sales.--In
determining whether a lease is equivalent to a sale for
purposes of this title, the administering authority
shall consider--
---------------------------------------------------------------------------
\429\ Sec. 1327 of Public Law 100-418 (102 Stat. 1205) added para.
(19).
---------------------------------------------------------------------------
(A) the terms of the lease,
(B) commercial practice within the industry,
(C) the circumstances of the transaction,
(D) whether the product subject to the lease
is integrated into the operations of the lessee
or importer,
(E) whether in practice there is a likelihood
that the lease will be continued or renewed for
a significant period of time, and
(F) other relevant factors, including whether
the lease transaction would permit avoidance of
antidumping or countervailing duties.
(20) \430\ Application to governmental
importations.--
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\430\ Sec. 1335 of Public Law 100-418 (102 Stat. 1210) added para.
(20) as para. (19). Subsequently, sec. 9001(a)(5) of the Technical and
Miscellaneous Revenue Act of 1988 (Public Law 100-647; 102 Stat. 3342)
redesignated para. (19) as para. (20). Sec. 1337(e) of Public Law 100-
418 further stated that the amendments made by sec. 1335 shall apply
with respect to entries, and withdrawals from warehouse for
consumption, that are liquidated on or after the date of enactment of
this Act.
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(A) In general.--Except as otherwise provided
by this paragraph, merchandise imported by, or
for the use of, a department or agency of the
United States Government (including merchandise
provided for under chapter 98 of the Harmonized
Tariff Schedule of the United States) \431\ is
subject to the imposition of countervailing
duties or antidumping duties under this title
or section 303.
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\431\ Sec. 139(a)(3) of the Customs and Trade Act (Public Law 101-
382; 104 Stat. 653) struck out ``schedule 8 of the Tariff Schedules of
the United States'' and inserted in lieu thereof ``chapter 98 of the
Harmonized Tariff Schedule of the United States''.
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(B) Exceptions.--Merchandise imported by, or
for the use of, the Department of Defense shall
not be subject to the imposition of
countervailing or antidumping duties under this
title if--
(i) the merchandise is acquired by,
or for use of, such Department--
(I) from a country with which
such Department had a
Memorandum of Understanding
which was in effect on January
1, 1988, and has continued to
have a comparable agreement
(including renewals) or
superceding agreements, and
(II) in accordance with terms
of the Memorandum of
Understanding in effect at the
time of importation, or
(ii) the merchandise has no
substantial nonmilitary use.
(21) \432\ United states-canada agreement.--The term
``United States-Canada Agreement'' means the United
States-Canada Free-Trade Agreement.
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\432\ Sec. 403(d) of Public Law 100-449 (102 Stat. 1887) added
para. (21) as a second para. (18). Subsequently, sec. 412(b)(1) of the
NAFTA Implementation Act (Public Law 103-182; 107 Stat. 2146)
redesignated the second para. (18) as para. (21).
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(22) \433\ NAFTA.--The term ``NAFTA'' means the North
American Free Trade Agreement.
---------------------------------------------------------------------------
\433\ Sec. 412(b)(2) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) added para. (22).
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(23) \434\ Entry.--The term ``entry'' includes, in
appropriate circumstances as determined by the
administering authority, a reconciliation entry created
under a reconciliation process, defined in section
401(s), that is initiated by an importer. The liability
of an importer under an antidumping or countervailing
duty proceeding for entries of merchandise subject to
the proceeding will attach to the corresponding
reconciliation entry or entries. Suspension of
liquidation of the reconciliation entry or entries, for
the purpose of enforcing this title, is equivalent to
the suspension of liquidation of the corresponding
individual entries; but the suspension of liquidation
of the reconciliation entry or entries for such purpose
does not preclude liquidation for any other purpose.
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\434\ Sec. 637(b) of the NAFTA Implementation Act (Public Law 103-
182; 107 Stat. 2203) added para. (23).
---------------------------------------------------------------------------
(24) \435\ Negligible imports.--
---------------------------------------------------------------------------
\435\ Sec. 221(d)(2) of Public Law 103-465 (108 Stat. 4871) added
para. (24).
---------------------------------------------------------------------------
(A) In general.--
(i) Less than 3 percent.--Except as
provided in clauses (ii) and (iv),
imports from a country of merchandise
corresponding to a domestic like
product identified by the Commission
are ``negligible'' if such imports
account for less than 3 percent of the
volume of all such merchandise imported
into the United States in the most
recent 12-month period for which data
are available that precedes--
(I) the filing of the
petition under section 702(b)
or 732(b), or
(II) the initiation of the
investigation, if the
investigation was initiated
under section 702(a) or 732(a).
(ii) Exception.--Imports that would
otherwise be negligible under clause
(i) shall not be negligible if the
aggregate volume of imports of the
merchandise from all countries
described in clause (i) with respect to
which investigations were initiated on
the same day exceeds 7 percent of the
volume of all such merchandise imported
into the United States during the
applicable 12-month period.
(iii) Determination of aggregate
volume.--In determining aggregate
volume under clause (ii) or (iv), the
Commission shall not consider imports
from any country specified in paragraph
(7)(G)(ii).
(iv) Negligibility in threat
analysis.--Notwithstanding clauses (i)
and (ii), the Commission shall not
treat imports as negligible if it
determines that there is a potential
that imports from a country described
in clause (i) will imminently account
for more than 3 percent of the volume
of all such merchandise imported into
the United States, or that the
aggregate volumes of imports from all
countries described in clause (ii) will
imminently exceed 7 percent of the
volume of all such merchandise imported
into the United States. The Commission
shall consider such imports only for
purposes of determining threat of
material injury.
(B) Negligibility for certain countries in
countervailing investigations.--In the case of
an investigation under section 701,
subparagraph (A) shall be applied to imports of
subject merchandise from developing countries
by substituting ``4 percent'' for ``3 percent''
in subparagraph (A)(i) and by substituting ``9
percent'' for ``7 percent'' in subparagraph
(A)(ii).
(C) Computation of import volumes.--In
computing import volumes for purposes of
subparagraphs (A) and (B), the Commission may
make reasonable estimates on the basis of
available statistics.
(D) Regional industries.--In an investigation
in which the Commission makes a regional
industry determination under paragraph (4)(C),
the Commission's examination under
subparagraphs (A) and (B) shall be based upon
the volume of subject merchandise exported for
sale in the regional market in lieu of the
volume of all subject merchandise imported into
the United States.
(25) \436\ Subject merchandise.--The term ``subject
merchandise'' means the class or kind of merchandise
that is within the scope of an investigation, a review,
a suspension agreement, an order under this title or
section 303, or a finding under the Antidumping Act,
1921.
---------------------------------------------------------------------------
\436\ Sec. 222(i)(1) of Public Law 103-465 (108 Stat. 4875) added
paras. (25) through (34).
---------------------------------------------------------------------------
(26) \436\ Section 303.--The terms ``section 303''
and ``303'' mean section 303 of this Act as in effect
on the day before the effective date of title II of the
Uruguay Round Agreements Act.
(27) \436\ Suspension agreement.--The term
``suspension agreement'' means an agreement described
in section 704(b), 704(c), 734(b), 734(c), or 734(l).
(28) \436\ Exporter or producer.--The term ``exporter
or producer'' means the exporter of the subject
merchandise, the producer of the subject merchandise,
or both where appropriate. For purposes of section 773,
the term `exporter or producer' includes both the
exporter of the subject merchandise and the producer of
the same subject merchandise to the extent necessary to
accurately calculate the total amount incurred and
realized for costs, expenses, and profits in connection
with production and sale of that merchandise.
(29) \436\ WTO agreement.--The term ``WTO Agreement''
means the Agreement defined in section 2(9) of the
Uruguay Round Agreements Act.
(30) \436\ WTO member and wto member country.--The
terms ``WTO member'' and ``WTO member country'' mean a
state, or separate customs territory (within the
meaning of Article XII of the WTO Agreement), with
respect to which the United States applies the WTO
Agreement.\437\
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\437\ Sec. 20(b)(14) of Public Law 104-295 (110 Stat. 3527) struck
out ``agreement'' and inserted in lieu thereof ``Agreement''.
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(31) \436\ GATT 1994.--The term ``GATT 1994'' means
the General Agreement on Tariffs and Trade annexed to
the WTO Agreement.
(32) \436\ Trade representative.--The term ``Trade
Representative'' means the United States Trade
Representative.
(33) \436\ Affiliated persons.--The following persons
shall be considered to be ``affiliated'' or
``affiliated persons'':
(A) Members of a family, including brothers
and sisters (whether by the whole or half
blood), spouse, ancestors, and lineal
descendants.
(B) Any officer or director of an
organization and such organization.
(C) Partners.
(D) Employer and employee.
(E) Any person directly or indirectly owning,
controlling, or holding with power to vote, 5
percent or more of the outstanding voting stock
or shares of any organization and such
organization.
(F) Two or more persons directly or
indirectly controlling, controlled by, or under
common control with, any person.
(G) Any person who controls any other person
and such other person.
For purposes of this paragraph, a person shall be
considered to control another person if the person is
legally or operationally in a position to exercise
restraint or direction over the other person.
(34) \436\ Dumped; dumping.--The terms ``dumped'' and
``dumping'' refer to the sale or likely sale of goods
at less than fair value.
(35) \438\ Dumping margin; weighted average dumping
margin.--
---------------------------------------------------------------------------
\438\ Sec. 229(b) of Public Law 103-465 (108 Stat. 4890) added
para. (35).
---------------------------------------------------------------------------
(A) Dumping margin.--The term ``dumping
margin'' means the amount by which the normal
value exceeds the export price or constructed
export price of the subject merchandise.
(B) Weighted average dumping margin.--The
term ``weighted average dumping margin'' is the
percentage determined by dividing the aggregate
dumping margins determined for a specific
exporter or producer by the aggregate export
prices and constructed export prices of such
exporter or producer.
(C) Magnitude of the margin of dumping.--The
magnitude of the margin of dumping used by the
Commission shall be--
(i) in making a preliminary
determination under section 733(a) in
an investigation (including any
investigation in which the Commission
cumulatively assesses the volume and
effect of imports under paragraph
(7)(G)(i)), the dumping margin or
margins published by the administering
authority in its notice of initiation
of the investigation;
(ii) in making a final determination
under section 735(b), the dumping
margin or margins most recently
published by the administering
authority prior to the closing of the
Commission's administrative record;
(iii) in a review under section
751(b)(2), the most recent dumping
margin or margins determined by the
administering authority under section
752(c)(3), if any, or under section
733(b) or 735(a); and
(iv) in a review under section
751(c), the dumping margin or margins
determined by the administering
authority under section 752(c)(3).
(36) \439\ Developing and least developed country.--
---------------------------------------------------------------------------
\439\ Sec. 267 of Public Law 103-465 (108 Stat. 4915) added para.
(36).
---------------------------------------------------------------------------
(A) Developing country.--The term
``developing country'' means a country
designated as a developing country by the Trade
Representative.
(B) Least developed country.--The term
``least developed country'' means a country
which the Trade Representative determines is--
(i) a country referred to as a least
developed country within the meaning of
paragraph (a) of Annex VII to the
Subsidies Agreement, or
(ii) any other country listed in
Annex VII to the Subsidies Agreement,
but only if the country has a per
capita gross national product of less
than $1,000 per annum as measured by
the most recent data available from the
World Bank.
(C) Publication of list.--The Trade
Representative shall publish in the Federal
Register, and update as necessary, a list of--
(i) developing countries that have
eliminated their export subsidies on an
expedited basis within the meaning of
Article 27.11 of the Subsidies
Agreement, and
(ii) countries determined by the
Trade Representative to be least
developed or developing countries.
(D) Factors to consider.--In determining
whether a country is a developing country under
subparagraph (A), the Trade Representative
shall consider such economic, trade, and other
factors which the Trade Representative
considers appropriate, including the level of
economic development of such country (the
assessment of which shall include a review of
the country's per capita gross national
product) and the country's share of world
trade.
(E) Limitation on designation.--A
determination that a country is a developing or
least developed country pursuant to this
paragraph shall be for purposes of this title
only and shall not affect the determination of
a country's status as a developing or least
developed country with respect to any other
law.
SEC. 771A.\440\ UPSTREAM SUBSIDIES.
(a) \441\ Definition.--The term ``upstream subsidy'' means
any countervailable subsidy, other than an export subsidy,
that--
---------------------------------------------------------------------------
\440\ 19 U.S.C. 1677-1. Sec. 613(a) of Public Law 98-573 (98 Stat.
3035) added sec. 771A.
\441\ Sec. 268(1) of Public Law 103-465 (108 Stat. 4916) amended
and restated subsec. (a) through para. (1).
---------------------------------------------------------------------------
(1) is paid or bestowed by an authority (as defined
in section 771(5)) with respect to a product (hereafter
in this section referred to as an ``input product'')
that is used in the same country as the authority in
the manufacture or production of merchandise which is
the subject of a countervailing duty proceeding;
(2) in the judgment of the administering authority
bestows a competitive benefit on the merchandise; and
(3) has a significant effect on the cost of
manufacturing or producing the merchandise.
In applying this subsection, an association of two or more
foreign countries, political subdivisions, dependent
territories, or possessions of foreign countries organized into
a customs union outside the United States shall be treated as
being one country if the countervailable \442\ subsidy is
provided by the customs union.
---------------------------------------------------------------------------
\442\ Sec. 268(2) of Public Law 103-465 (108 Stat. 4916) inserted
``countervailable''.
---------------------------------------------------------------------------
(b) Determination of Competitive Benefit.--
(1) In general.--Except as provided in paragraph (2),
the administering authority shall decide that a
competitive benefit has been bestowed when the price
for the input product referred to in subsection (a)(1)
for such use is lower than the price that the
manufacturer or producer of merchandise which is the
subject of a countervailing duty proceeding would
otherwise pay for the product in obtaining it from
another seller in an arms-length transaction.
(2) Adjustments.--If the administering authority has
determined in a previous proceeding that a
countervailable subsidy \443\ is paid or bestowed on
the input product that is used for comparison under
paragraph (1), the administering authority may (A)
where appropriate, adjust the price that the
manufacturer or producer of merchandise which is the
subject of such proceeding would otherwise pay for the
product to reflect the effects of the countervailable
subsidy,\443\ or (B) select in lieu of that price a
price from another source.
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\443\ Sec. 270(a)(1)(K) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
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(c) Inclusion of Amount of Countervailable Subsidy.\444\--
If the administering authority decides, during the course of a
countervailing duty proceeding that an upstream countervailable
subsidy is being or has been paid or bestowed regarding the
subject merchandise,\445\ the administering authority shall
include in the amount of any countervailing duty imposed on the
merchandise an amount equal to the amount of the competitive
benefit referred to in subparagraph (1)(B), except that in no
event shall the amount be greater than the amount of
countervailable subsidy determined with respect to the upstream
product.
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\444\ Sec. 270(a)(1)(L) and sec. 270(2)(B) of Public Law 103-465
(108 Stat. 4917) struck out ``subsidy'' and inserted in lieu thereof
``countervailable subsidy'' in subsec. (c) and the subsection heading.
Sec. 270(c)(3) of that Act struck out ``subsidization'' and inserted in
lieu thereof ``countervailable subsidy''.
\445\ Sec. 233(a)(5)(GG) of Public Law 103-465 (108 Stat. 4901)
struck out ``merchandise under investigation'' and inserted in lieu
thereof ``subject merchandise''.
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SEC. 771B.\446\ CALCULATION OF COUNTERVAILABLE SUBSIDIES ON CERTAIN
PROCESSED AGRICULTURAL PRODUCTS.
In the case of an agricultural product processed from a raw
agricultural product in which--
---------------------------------------------------------------------------
\446\ 19 U.S.C. 1677-2. Sec. 1313 of Public Law 100-418 (102 Stat.
1185) added sec. 771B. Subsequently, sec. 9001(a)(3) of the Technical
and Miscellaneous Revenue Act of 1988 (Public Law 100-647; 102 Stat.
3342) changed the format of the section. Sec. 270(b)(1)(D) and
270(b)(2) of Public Law 103-465 (108 Stat. 4917) inserted
``countervailable'' before ``subsidies'' in the section catchline.
---------------------------------------------------------------------------
(1) the demand for the prior stage product is
substantially dependent on the demand for the latter
stage product, and
(2) the processing operation adds only limited value
to the raw commodity,
subsidies found to be provided to either producers or
processors of the product shall be deemed to be provided with
respect to the manufacture, production, or exportation of the
processed product.
SEC. 772.\447\ EXPORT PRICE AND CONSTRUCTED EXPORT PRICE.
(a) Export Price.--The term ``export price'' means the
price at which the subject merchandise is first sold (or agreed
to be sold) before the date of importation by the producer or
exporter of the subject merchandise outside of the United
States to an unaffiliated purchaser in the United States or to
an unaffiliated purchaser for exportation to the United States,
as adjusted under subsection (c).
---------------------------------------------------------------------------
\447\ 19 U.S.C. 1677a. Sec. 223 of Public Law 103-465 (108 Stat.
4876) amended and restated sec. 772.
---------------------------------------------------------------------------
(b) Constructed Export Price.--The term ``constructed
export price'' means the price at which the subject merchandise
is first sold (or agreed to be sold) in the United States
before or after the date of importation by or for the account
of the producer or exporter of such merchandise or by a seller
affiliated with the producer or exporter, to a purchaser not
affiliated with the producer or exporter, as adjusted under
subsections (c) and (d).
(c) Adjustments for Export Price and Constructed Export
Price.--The price used to establish export price and
constructed export price shall be--
(1) increased by--
(A) when not included in such price, the cost
of all containers and coverings and all other
costs, charges, and expenses incident to
placing the subject merchandise in condition
packed ready for shipment to the United States,
(B) the amount of any import duties imposed
by the country of exportation which have been
rebated, or which have not been collected, by
reason of the exportation of the subject
merchandise to the United States, and
(C) the amount of any countervailing duty
imposed on the subject merchandise under
subtitle A to offset an export subsidy, and
(2) reduced by--
(A) except as provided in paragraph (1)(C),
the amount, if any, included in such price,
attributable to any additional costs, charges,
or expenses, and United States import duties,
which are incident to bringing the subject
merchandise from the original place of shipment
in the exporting country to the place of
delivery in the United States, and
(B) the amount, if included in such price, of
any export tax, duty, or other charge imposed
by the exporting country on the exportation of
the subject merchandise to the United States,
other than an export tax, duty, or other charge
described in section 771(6)(C).
(d) Additional Adjustments to Constructed Export Price.--
For purposes of this section, the price used to establish
constructed export price shall also be reduced by--
(1) the amount of any of the following expenses
generally incurred by or for the account of the
producer or exporter, or the affiliated seller in the
United States, in selling the subject merchandise (or
subject merchandise to which value has been added)--
(A) commissions for selling the subject
merchandise in the United States;
(B) expenses that result from, and bear a
direct relationship to, the sale, such as
credit expenses, guarantees and warranties;
(C) any selling expenses that the seller pays
on behalf of the purchaser; and
(D) any selling expenses not deducted under
subparagraph (A), (B), or (C);
(2) the cost of any further manufacture or assembly
(including additional material and labor), except in
circumstances described in subsection (e); and
(3) the profit allocated to the expenses described in
paragraphs (1) and (2).
(e) Special Rule for Merchandise With Value Added After
Importation.--Where the subject merchandise is imported by a
person affiliated with the exporter or producer, and the value
added in the United States by the affiliated person is likely
to exceed substantially the value of the subject merchandise,
the administering authority shall determine the constructed
export price for such merchandise by using one of the following
prices if there is a sufficient quantity of sales to provide a
reasonable basis for comparison and the administering authority
determines that the use of such sales is appropriate:
(1) The price of identical subject merchandise sold
by the exporter or producer to an unaffiliated person.
(2) The price of other subject merchandise sold by
the exporter or producer to an unaffiliated person.
If there is not a sufficient quantity of sales to provide a
reasonable basis for comparison under paragraph (1) or (2), or
the administering authority determines that neither of the
prices described in such paragraphs is appropriate, then the
constructed export price may be determined on any other
reasonable basis.
(f) Special Rule for Determining Profit.--
(1) In general.--For purposes of subsection (d)(3),
profit shall be an amount determined by multiplying the
total actual profit by the applicable percentage.
(2) Definitions.--For purposes of this subsection:
(A) Applicable percentage.--The term
``applicable percentage'' means the percentage
determined by dividing the total United States
expenses by the total expenses.
(B) Total united states expenses.--The term
``total United States expenses'' means the
total expenses described in subsection (d) (1)
and (2).
(C) Total expenses.--The term ``total
expenses'' means all expenses in the first of
the following categories which applies and
which are incurred by or on behalf of the
foreign producer and foreign exporter of the
subject merchandise and by or on behalf of the
United States seller affiliated with the
producer or exporter with respect to the
production and sale of such merchandise:
(i) The expenses incurred with
respect to the subject merchandise sold
in the United States and the foreign
like product sold in the exporting
country if such expenses were requested
by the administering authority for the
purpose of establishing normal value
and constructed export price.
(ii) The expenses incurred with
respect to the narrowest category of
merchandise sold in the United States
and the exporting country which
includes the subject merchandise.
(iii) The expenses incurred with
respect to the narrowest category of
merchandise sold in all countries which
includes the subject merchandise.
(D) Total actual profit.--The term ``total
actual profit'' means the total profit earned
by the foreign producer, exporter, and
affiliated parties described in subparagraph
(C) with respect to the sale of the same
merchandise for which total expenses are
determined under such subparagraph.
SEC. 773.\448\ NORMAL VALUE.
(a) Determination.--In determining under this title whether
subject merchandise is being, or is likely to be, sold at less
than fair value, a fair comparison shall be made between the
export price or constructed export price and normal value. In
order to achieve a fair comparison with the export price or
constructed export price, normal value shall be determined as
follows:
---------------------------------------------------------------------------
\448\ 19 U.S.C. 1677b. Sec. 224 of Public Law 103-465 (108 Stat.
4878) amended and restated sec. 773.
---------------------------------------------------------------------------
(1) Determination of normal value.--
(A) In general.--The normal value of the
subject merchandise shall be the price
described in subparagraph (B), at a time
reasonably corresponding to the time of the
sale used to determine the export price or
constructed export price under section 772(a)
or (b).
(B) Price.--The price referred to in
subparagraph (A) is--
(i) the price at which the foreign
like product is first sold (or, in the
absence of a sale, offered for sale)
for consumption in the exporting
country, in the usual commercial
quantities and in the ordinary course
of trade and, to the extent
practicable, at the same level of trade
as the export price or constructed
export price, or
(ii) in a case to which subparagraph
(C) applies, the price at which the
foreign like product is so sold (or
offered for sale) for consumption in a
country other than the exporting
country or the United States, if--
(I) such price is
representative,
(II) the aggregate quantity
(or, if quantity is not
appropriate, value) of the
foreign like product sold by
the exporter or producer in
such other country is 5 percent
or more of the aggregate
quantity (or value) of the
subject merchandise sold in the
United States or for export to
the United States, and
(III) the administering
authority does not determine
that the particular market
situation in such other country
prevents a proper comparison
with the export price or
constructed export price.
(C) Third country sales.--This subparagraph
applies when--
(i) the foreign like product is not
sold (or offered for sale) for
consumption in the exporting country as
described in subparagraph (B)(i),
(ii) the administering authority
determines that the aggregate quantity
(or, if quantity is not appropriate,
value) of the foreign like product sold
in the exporting country is
insufficient to permit a proper
comparison with the sales of the
subject merchandise to the United
States, or
(iii) the particular market situation
in the exporting country does not
permit a proper comparison with the
export price or constructed export
price.
For purposes of clause (ii), the aggregate
quantity (or value) of the foreign like product
sold in the exporting country shall normally be
considered to be insufficient if such quantity
(or value) is less than 5 percent of the
aggregate quantity (or value) of sales of the
subject merchandise to the United States.
(2) Fictitious markets.--No pretended sale or offer
for sale, and no sale or offer for sale intended to
establish a fictitious market, shall be taken into
account in determining normal value. The occurrence of
different movements in the prices at which different
forms of the foreign like product are sold (or, in the
absence of sales, offered for sale) in the exporting
country after the issuance of an antidumping duty order
may be considered by the administering authority as
evidence of the establishment of a fictitious market
for the foreign like product if the movement in such
prices appears to reduce the amount by which the normal
value exceeds the export price (or the constructed
export price) of the subject merchandise.
(3) Exportation from an intermediate country.--Where
the subject merchandise is exported to the United
States from an intermediate country, normal value shall
be determined in the intermediate country, except that
normal value may be determined in the country of origin
of the subject merchandise if--
(A) the producer knew at the time of the sale
that the subject merchandise was destined for
exportation;
(B) the subject merchandise is merely
transshipped through the intermediate country;
(C) sales of the foreign like product in the
intermediate country do not satisfy the
conditions of paragraph (1)(C); or
(D) the foreign like product is not produced
in the intermediate country.
(4) Use of constructed value.--If the administering
authority determines that the normal value of the
subject merchandise cannot be determined under
paragraph (1)(B)(i), then, notwithstanding paragraph
(1)(B)(ii), the normal value of the subject merchandise
may be the constructed value of that merchandise, as
determined under subsection (e).
(5) Indirect sales or offers for sale.--If the
foreign like product is sold or, in the absence of
sales, offered for sale through an affiliated party,
the prices at which the foreign like product is sold
(or offered for sale) by such affiliated party may be
used in determining normal value.
(6) Adjustments.--The price described in paragraph
(1)(B) shall be--
(A) increased by the cost of all containers
and coverings and all other costs, charges, and
expenses incident to placing the subject
merchandise in condition packed ready for
shipment to the United States;
(B) reduced by--
(i) when included in the price
described in paragraph (1)(B), the cost
of all containers and coverings and all
other costs, charges, and expenses
incident to placing the foreign like
product in condition packed ready for
shipment to the place of delivery to
the purchaser,
(ii) the amount, if any, included in
the price described in paragraph
(1)(B), attributable to any additional
costs, charges, and expenses incident
to bringing the foreign like product
from the original place of shipment to
the place of delivery to the purchaser,
and
(iii) the amount of any taxes imposed
directly upon the foreign like product
or components thereof which have been
rebated, or which have not been
collected, on the subject merchandise,
but only to the extent that such taxes
are added to or included in the price
of the foreign like product, and
(C) increased or decreased by the amount of
any difference (or lack thereof) between the
export price or constructed export price and
the price described in paragraph (1)(B) (other
than a difference for which allowance is
otherwise provided under this section) that is
established to the satisfaction of the
administering authority to be wholly or partly
due to--
(i) the fact that the quantities in
which the subject merchandise is sold
or agreed to be sold to the United
States are greater than or less than
the quantities in which the foreign
like product is sold, agreed to be
sold, or offered for sale,
(ii) the fact that merchandise
described in subparagraph (B) or (C) of
section 771(16) is used in determining
normal value, or
(iii) other differences in the
circumstances of sale.
(7) Additional adjustments.--
(A) Level of trade.--The price described in
paragraph (1)(B) shall also be increased or
decreased to make due allowance for any
difference (or lack thereof) between the export
price or constructed export price and the price
described in paragraph (1)(B) (other than a
difference for which allowance is otherwise
made under this section) that is shown to be
wholly or partly due to a difference in level
of trade between the export price or
constructed export price and normal value, if
the difference in level of trade--
(i) involves the performance of
different selling activities; and
(ii) is demonstrated to affect price
comparability, based on a pattern of
consistent price differences between
sales at different levels of trade in
the country in which normal value is
determined.
In a case described in the preceding sentence,
the amount of the adjustment shall be based on
the price differences between the two levels of
trade in the country in which normal value is
determined.
(B) Constructed export price offset.--When
normal value is established at a level of trade
which constitutes a more advanced stage of
distribution than the level of trade of the
constructed export price, but the data
available do not provide an appropriate basis
to determine under subparagraph (A)(ii) a level
of trade adjustment, normal value shall be
reduced by the amount of indirect selling
expenses incurred in the country in which
normal value is determined on sales of the
foreign like product but not more than the
amount of such expenses for which a deduction
is made under section 772(d)(1)(D).
(8) Adjustments to constructed value.--Constructed
value as determined under subsection (e), may be
adjusted, as appropriate, pursuant to this subsection.
(b) Sales at Less Than Cost of Production.--
(1) Determination; sales disregarded.--Whenever the
administering authority has reasonable grounds to
believe or suspect that sales of the foreign like
product under consideration for the determination of
normal value have been made at prices which represent
less than the cost of production of that product, the
administering authority shall determine whether, in
fact, such sales were made at less than the cost of
production. If the administering authority determines
that sales made at less than the cost of production--
(A) have been made within an extended period
of time in substantial quantities, and
(B) were not at prices which permit recovery
of all costs within a reasonable period of
time,
such sales may be disregarded in the determination of
normal value. Whenever such sales are disregarded,
normal value shall be based on the remaining sales of
the foreign like product in the ordinary course of
trade. If no sales made in the ordinary course of trade
remain, the normal value shall be based on the
constructed value of the merchandise.
(2) Definitions and special rules.--For purposes of
this subsection--
(A) Reasonable grounds to believe or
suspect.--There are reasonable grounds to
believe or suspect that sales of the foreign
like product were made at prices that are less
than the cost of production of the product,
if--
(i) in an investigation initiated
under section 732 or a review conducted
under section 751, an interested party
described in subparagraph (C), (D),
(E), (F), or (G) of section 771(9)
provides information, based upon
observed prices or constructed prices
or costs, that sales of the foreign
like product under consideration for
the determination of normal value have
been made at prices which represent
less than the cost of production of the
product; or
(ii) in a review conducted under
section 751 involving a specific
exporter, the administering authority
disregarded some or all of the
exporter's sales pursuant to paragraph
(1) in the investigation or if a review
has been completed, in the most
recently completed review.
(B) Extended period of time.--The term
``extended period of time'' means a period that
is normally 1 year, but not less than 6 months.
(C) Substantial quantities.--Sales made at
prices below the cost of production have been
made in substantial quantities if--
(i) the volume of such sales
represents 20 percent or more of the
volume of sales under consideration for
the determination of normal value, or
(ii) the weighted average per unit
price of the sales under consideration
for the determination of normal value
is less than the weighted average per
unit cost of production for such sales.
(D) Recovery of costs.--If prices which are
below the per unit cost of production at the
time of sale are above the weighted average per
unit cost of production for the period of
investigation or review, such prices shall be
considered to provide for recovery of costs
within a reasonable period of time.
(3) Calculation of cost of production.--For purposes
of this subtitle, the cost of production shall be an
amount equal to the sum of--
(A) the cost of materials and of fabrication
or other processing of any kind employed in
producing the foreign like product, during a
period which would ordinarily permit the
production of that foreign like product in the
ordinary course of business;
(B) an amount for selling, general, and
administrative expenses based on actual data
pertaining to production and sales of the
foreign like product by the exporter in
question; and
(C) the cost of all containers and coverings
of whatever nature, and all other expenses
incidental to placing the foreign like product
in condition packed ready for shipment.
For purposes of subparagraph (A), if the normal value
is based on the price of the foreign like product sold
for consumption in a country other than the exporting
country, the cost of materials shall be determined
without regard to any internal tax in the exporting
country imposed on such materials or their disposition
which are remitted or refunded upon exportation.
(c) Nonmarket Economy Countries.--
(1) In general.--If--
(A) the subject merchandise is exported from
a nonmarket economy country, and
(B) the administering authority finds that
available information does not permit the
normal value of the subject merchandise to be
determined under subsection (a),
the administering authority shall determine the normal
value of the subject merchandise on the basis of the
value of the factors of production utilized in
producing the merchandise and to which shall be added
an amount for general expenses and profit plus the cost
of containers, coverings, and other expenses. Except as
provided in paragraph (2), the valuation of the factors
of production shall be based on the best available
information regarding the values of such factors in a
market economy country or countries considered to be
appropriate by the administering authority.
(2) Exception.--If the administering authority finds
that the available information is inadequate for
purposes of determining the normal value of subject
merchandise under paragraph (1), the administering
authority shall determine the normal value on the basis
of the price at which merchandise that is--
(A) comparable to the subject merchandise,
and
(B) produced in one or more market economy
countries that are at a level of economic
development comparable to that of the nonmarket
economy country,
is sold in other countries, including the United
States.
(3) Factors of production.--For purposes of paragraph
(1), the factors of production utilized in producing
merchandise include, but are not limited to--
(A) hours of labor required,
(B) quantities of raw materials employed,
(C) amounts of energy and other utilities
consumed, and
(D) representative capital cost, including
depreciation.
(4) Valuation of factors of production.--The
administering authority, in valuing factors of
production under paragraph (1), shall utilize, to the
extent possible, the prices or costs of factors of
production in one or more market economy countries that
are--
(A) at a level of economic development
comparable to that of the nonmarket economy
country, and
(B) significant producers of comparable
merchandise.
(d) Special Rule for Certain Multinational Corporations.--
Whenever, in the course of an investigation under this title,
the administering authority determines that--
(1) subject merchandise exported to the United States
is being produced in facilities which are owned or
controlled, directly or indirectly, by a person, firm,
or corporation which also owns or controls, directly or
indirectly, other facilities for the production of the
foreign like product which are located in another
country or countries,
(2) subsection (a)(1)(C) applies, and
(3) the normal value of the foreign like product
produced in one or more of the facilities outside the
exporting country is higher than the normal value of
the foreign like product produced in the facilities
located in the exporting country,
it shall determine the normal value of the subject merchandise
by reference to the normal value at which the foreign like
product is sold in substantial quantities from one or more
facilities outside the exporting country. The administering
authority, in making any determination under this paragraph,
shall make adjustments for the difference between the cost of
production (including taxes, labor, materials, and overhead) of
the foreign like product produced in facilities outside the
exporting country and costs of production of the foreign like
product produced in facilities in the exporting country, if
such differences are demonstrated to its satisfaction. For
purposes of this subsection, in determining the normal value of
the foreign like product produced in a country outside of the
exporting country, the administering authority shall determine
its price at the time of exportation from the exporting country
and shall make any adjustments required by subsection (a) for
the cost of all containers and coverings and all other costs,
charges, and expenses incident to placing the merchandise in
condition packed ready for shipment to the United States by
reference to such costs in the exporting country.
(e) Constructed Value.--For purposes of this title, the
constructed value of imported merchandise shall be an amount
equal to the sum of--
(1) the cost of materials and fabrication or other
processing of any kind employed in producing the
merchandise, during a period which would ordinarily
permit the production of the merchandise in the
ordinary course of business;
(2)(A) the actual amounts incurred and realized by
the specific exporter or producer being examined in the
investigation or review for selling, general, and
administrative expenses, and for profits, in connection
with the production and sale of a foreign like product,
in the ordinary course of trade, for consumption in the
foreign country, or
(B) if actual data are not available with respect to
the amounts described in subparagraph (A), then--
(i) the actual amounts incurred and realized
by the specific exporter or producer being
examined in the investigation or review for
selling, general, and administrative expenses,
and for profits, in connection with the
production and sale, for consumption in the
foreign country, of merchandise that is in the
same general category of products as the
subject merchandise,
(ii) the weighted average of the actual
amounts incurred and realized by exporters or
producers that are subject to the investigation
or review (other than the exporter or producer
described in clause (i)) for selling, general,
and administrative expenses, and for profits,
in connection with the production and sale of a
foreign like product, in the ordinary course of
trade, for consumption in the foreign country,
or
(iii) the amounts incurred and realized for
selling, general, and administrative expenses,
and for profits, based on any other reasonable
method, except that the amount allowed for
profit may not exceed the amount normally
realized by exporters or producers (other than
the exporter or producer described in clause
(i)) in connection with the sale, for
consumption in the foreign country, of
merchandise that is in the same general
category of products as the subject
merchandise; and
(3) the cost of all containers and coverings of
whatever nature, and all other expenses incidental to
placing the subject merchandise in condition packed
ready for shipment to the United States.
For purposes of paragraph (1), the cost of materials shall be
determined without regard to any internal tax in the exporting
country imposed on such materials or their disposition which
are remitted or refunded upon exportation of the subject
merchandise produced from such materials.
(f) Special Rules for Calculation of Cost of Production and
for Calculation of Constructed Value.--For purposes of
subsections (b) and (e)--
(1) Costs.--
(A) In general.--Costs shall normally be
calculated based on the records of the exporter
or producer of the merchandise, if such records
are kept in accordance with the generally
accepted accounting principles of the exporting
country (or the producing country, where
appropriate) and reasonably reflect the costs
associated with the production and sale of the
merchandise. The administering authority shall
consider all available evidence on the proper
allocation of costs, including that which is
made available by the exporter or producer on a
timely basis, if such allocations have been
historically used by the exporter or producer,
in particular for establishing appropriate
amortization and depreciation periods, and
allowances for capital expenditures and other
development costs.
(B) Nonrecurring costs.--Costs shall be
adjusted appropriately for those nonrecurring
costs that benefit current or future
production, or both.
(C) Startup costs.--
(i) In general.--Costs shall be
adjusted appropriately for
circumstances in which costs incurred
during the time period covered by the
investigation or review are affected by
startup operations.
(ii) Startup operations.--Adjustments
shall be made for startup operations
only where--
(I) a producer is using new
production facilities or
producing a new product that
requires substantial additional
investment, and
(II) production levels are
limited by technical factors
associated with the initial
phase of commercial production.
For purposes of subclause (II), the
initial phase of commercial production
ends at the end of the startup period.
In determining whether commercial
production levels have been achieved,
the administering authority shall
consider factors unrelated to startup
operations that might affect the volume
of production processed, such as
demand, seasonality, or business
cycles.
(iii) Adjustment for startup
operations.--The adjustment for startup
operations shall be made by
substituting the unit production costs
incurred with respect to the
merchandise at the end of the startup
period for the unit production costs
incurred during the startup period. If
the startup period extends beyond the
period of the investigation or review
under this title, the administering
authority shall use the most recent
cost of production data that it
reasonably can obtain, analyze, and
verify without delaying the timely
completion of the investigation or
review. For purposes of this
subparagraph, the startup period ends
at the point at which the level of
commercial production that is
characteristic of the merchandise,
producer, or industry concerned is
achieved.
(2) Transactions disregarded.--A transaction directly
or indirectly between affiliated persons may be
disregarded if, in the case of any element of value
required to be considered, the amount representing that
element does not fairly reflect the amount usually
reflected in sales of merchandise under consideration
in the market under consideration. If a transaction is
disregarded under the preceding sentence and no other
transactions are available for consideration, the
determination of the amount shall be based on the
information available as to what the amount would have
been if the transaction had occurred between persons
who are not affiliated.
(3) Major input rule.--If, in the case of a
transaction between affiliated persons involving the
production by one of such persons of a major input to
the merchandise, the administering authority has
reasonable grounds to believe or suspect that an amount
represented as the value of such input is less than the
cost of production of such input, then the
administering authority may determine the value of the
major input on the basis of the information available
regarding such cost of production, if such cost is
greater than the amount that would be determined for
such input under paragraph (2).
SEC. 773A.\449\ CURRENCY CONVERSION.
(a) In General.--In an antidumping proceeding under this
title, the administering authority shall convert foreign
currencies into United States dollars using the exchange rate
in effect on the date of sale of the subject merchandise,
except that, if it is established that a currency transaction
on forward markets is directly linked to an export sale under
consideration, the exchange rate specified with respect to such
currency in the forward sale agreement shall be used to convert
the foreign currency. Fluctuations in exchange rates shall be
ignored.
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\449\ 19 U.S.C. 1677b-1. Sec. 225(a) of Public Law 103-465 (108
Stat. 4886) added sec. 773A.
---------------------------------------------------------------------------
(b) Sustained Movement in Foreign Currency Value.--In an
investigation under subtitle B, if there is a sustained
movement in the value of the foreign currency relative to the
United States dollar, the administering authority shall allow
exporters at least 60 days to adjust their export prices to
reflect such sustained movement.
SEC. 774.\450\ HEARINGS.
(a) \451\ Investigation Hearings.--
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\450\ 19 U.S.C. 1677c. Sec. 101 of Public Law 96-39 (93 Stat. 186)
added sec. 774.
\451\ Sec. 616 of Public Law 98-573 (98 Stat. 3037) amended and
restated subsec. (a).
---------------------------------------------------------------------------
(1) In general.--Except as provided in paragraph (2),
the administering authority and the Commission shall
each hold a hearing in the course of an investigation
upon the request of any party to the investigation
before making a final determination under section 705
or 735.
(2) Exception.--If investigations are initiated under
subtitle A and subtitle B regarding the same
merchandise from the same country within 6 months of
each other (but before a final determination is made in
either investigation), the holding of a hearing by the
Commission in the course of one of the investigations
shall be treated as compliance with paragraph (1) for
both investigations, unless the Commission considers
that special circumstances require that a hearing be
held in the course of each of the investigations.
During any investigation regarding which the holding of
a hearing is waived under this paragraph, the
Commission shall allow any party to submit such
additional written comment as it considers relevant.
(b) Procedures.--Any hearing required or permitted under
this title shall be conducted after notice published in the
Federal Register, and a transcript of the hearing shall be
prepared and made available to the public. The hearing shall
not be subject to the provisions of subchapter II of chapter 5
of title 5, United States Code, or to section 702 of such
title.
SEC. 775.\452\ COUNTERVAILABLE SUBSIDY PRACTICES DISCOVERED DURING A
PROCEEDING.
If, in the course of a proceeding under this title, the
administering authority discovers a practice which appears to
be a countervailable subsidy, but was not included in the
matters alleged in a countervailing duty petition, or if the
administering authority receives notice from the Trade
Representative that a subsidy or subsidy program is in
violation of Article 8 of the Subsidies Agreement, then the
administering authority--
---------------------------------------------------------------------------
\452\ 19 U.S.C. 1677d. Sec. 283(b) of Public Law 103-465 (108 Stat.
4930) amended and restated sec. 775.
---------------------------------------------------------------------------
(1) shall include the practice, subsidy, or subsidy
program in the proceeding if the practice, subsidy, or
subsidy program appears to be a countervailable subsidy
with respect to the merchandise which is the subject of
the proceeding, or
(2) shall transfer the information (other than
confidential information) concerning the practice,
subsidy, or subsidy program to the library maintained
under section 777(a)(1), if the practice, subsidy, or
subsidy program appears to be a countervailable subsidy
with respect to any other merchandise.
SEC. 776.\453\ DETERMINATIONS ON THE BASIS OF THE FACTS AVAILABLE.
(a) In General.--If--
---------------------------------------------------------------------------
\453\ 19 U.S.C. 1677e. Sec. 231(c) of Public Law 103-465 (108 Stat.
4896) amended and restated sec. 776.
---------------------------------------------------------------------------
(1) necessary information is not available on the
record, or
(2) an interested party or any other person--
(A) withholds information that has been
requested by the administering authority or the
Commission under this title,
(B) fails to provide such information by the
deadlines for submission of the information or
in the form and manner requested, subject to
subsections (c)(1) and (e) of section 782,
(C) significantly impedes a proceeding under
this title, or
(D) provides such information but the
information cannot be verified as provided in
section 782(i),
the administering authority and the Commission shall, subject
to section 782(d), use the facts otherwise available in
reaching the applicable determination under this title.
(b) Adverse Inferences.--If the administering authority or
the Commission (as the case may be) finds that an interested
party has failed to cooperate by not acting to the best of its
ability to comply with a request for information from the
administering authority or the Commission, the administering
authority or the Commission (as the case may be), in reaching
the applicable determination under this title, may use an
inference that is adverse to the interests of that party in
selecting from among the facts otherwise available. Such
adverse inference may include reliance on information derived
from--
(1) the petition,
(2) a final determination in the investigation under
this title,
(3) any previous review under section 751 or
determination under section 753, or
(4) any other information placed on the record.
(c) Corroboration of Secondary Information.--When the
administering authority or the Commission relies on secondary
information rather than on information obtained in the course
of an investigation or review, the administering authority or
the Commission, as the case may be, shall, to the extent
practicable, corroborate that information from independent
sources that are reasonably at their disposal.
SEC. 777.\454\ ACCESS TO INFORMATION.
(a) Information Generally Made Available.--
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\454\ 19 U.S.C. 1677f. Sec. 101 of Public Law 96-39 (93 Stat. 187)
added sec. 777.
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(1) Public information function.--There shall be
established a library of information relating to
foreign subsidy practices and countervailing measures.
Copies of material in the library shall be made
available to the public upon payment of the costs of
preparing such copies.
(2) Progress of investigation reports.--The
administering authority and the Commission shall, from
time to time upon request, inform the parties to an
investigation of the progress of that investigation.
(3) \455\ Ex parte meetings.--The administering
authority and the Commission shall maintain a record of
any ex parte meeting between--
---------------------------------------------------------------------------
\455\ Sec. 619(1) of Public Law 98-573 (98 Stat. 3038) amended and
restated para. (3). Previously, para. (3) read as follows:
---------------------------------------------------------------------------
``(3) Ex parte meetings.--The administering authority and the Commission
shall maintain a record of ex parte meetings between--
``(A) interested parties or other persons providing factual information
in connection with an investigation, and
``(B) the person charged with making the determination, and any person
charged with making a final recommendation to that person, in connection
with that investigation.
The record of the ex parte meeting shall include the identity of the
persons present at the meeting, the date, time, and place of the meeting,
and a summary of the matters discussed or submitted. The record of the ex
parte meeting shall be included in the record of the proceeding.''.
(A) interested parties or other persons
providing factual information in connection
with a proceeding, and
(B) the person charged with making the
determination, or any person charged with
making a final recommendation to that person,
in connection with that proceeding,
if information relating to that proceeding was
presented or discussed at such meeting. The record of
such an ex parte meeting shall include the identity of
the persons present at the meeting, the date, time, and
place of the meeting, and a summary of the matters
discussed or submitted. The record of the ex parte
meeting shall be included in the record of the
proceeding.
(4) Summaries; non-proprietary \456\ submissions.--
The administering authority and the Commission shall
\457\ disclose--
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\456\ Sec. 1886(a)(13) of Public Law 99-514 (100 Stat. 2922) struck
out ``confidential'', ``nonconfidential'', and ``confidentiality'' and
inserted in lieu thereof ``proprietary'', ``non-proprietary'', and
``proprietary status'', respectively, each place they appeared in the
text.
\457\ Sec. 231(b) of Public Law 103-465 (108 Stat. 4896) struck out
``may disclose'' and inserted in lieu thereof ``shall disclose''.
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(A) any proprietary \456\ information
received in the course of a proceeding if it is
disclosed in a form which cannot be associated
with, or otherwise be used to identify,
operations of a particular person, and
(B) any information submitted in connection
with a proceeding which is not designated as
proprietary \456\ by the person submitting it.
(b) Proprietary \456\ Information.--
(1) \458\ Proprietary status maintained.--
---------------------------------------------------------------------------
\458\ Sec. 226(a)(1) of Public Law 103-465 (108 Stat. 4886) amended
and restated para. (1).
---------------------------------------------------------------------------
(A) In general.--Except as provided in
subsection (a)(4)(A) and subsection (c),
information submitted to the administering
authority or the Commission which is designated
as proprietary by the person submitting the
information shall not be disclosed to any
person without the consent of the person
submitting the information, other than--
(i) to an officer or employee of the
administering authority or the
Commission who is directly concerned
with carrying out the investigation in
connection with which the information
is submitted or any review under this
title covering the same subject
merchandise, or
(ii) to an officer or employee of the
United States Customs Service who is
directly involved in conducting an
investigation regarding fraud under
this title.
(B) Additional requirements.--The
administering authority and the Commission
shall require that information for which
proprietary treatment is requested be
accompanied by--
(i) either--
(I) a non-proprietary summary
in sufficient detail to permit
a reasonable understanding of
the substance of the
information submitted in
confidence, or
(II) a statement that the
information is not susceptible
to summary accompanied by a
statement of the reasons in
support of the contention, and
(ii) either--
(I) a statement which permits
the administering authority or
the Commission to release under
administrative protective
order, in accordance with
subsection (c), the information
submitted in confidence, or
(II) a statement to the
administering authority or the
Commission that the business
proprietary information is of a
type that should not be
released under administrative
protective order.
(2) Unwarranted designation.--If the administering
authority or the Commission determines, on the basis of
the nature and extent of the information or its
availability from public sources, that designation of
any information as proprietary \456\ is unwarranted,
then it shall notify the person who submitted it and
ask for an explanation of the reasons for the
designation. Unless that person persuades the
administering authority or the Commission that the
designation is warranted, or withdraws the designation,
the administering authority or the Commission, as the
case may be, shall return it to the party submitting
it. In a case in which the administering authority or
the Commission returns the information to the person
submitting it, the person may thereafter submit other
material concerning the subject matter of the returned
information if the submission is made within the time
otherwise provided for submitting such material.\459\
---------------------------------------------------------------------------
\459\ Sec. 226(b) of Public Law 103-465 (108 Stat. 4887) added this
sentence.
---------------------------------------------------------------------------
(3) \460\ Section 751 reviews.--Notwithstanding the
provisions of paragraph (1), information submitted to
the administering authority or the Commission in
connection with a review under section 751(b) or 751(c)
which is designated as proprietary by the person
submitting the information may, if the review results
in the revocation of an order or finding (or
termination of a suspended investigation) under section
751(d), be used by the agency to which the information
was originally submitted in any investigation initiated
within 2 years after the date of the revocation or
termination pursuant to a petition covering the same
subject merchandise.
---------------------------------------------------------------------------
\460\ Sec. 226(a)(2) of Public Law 103-465 (108 Stat. 4887) added
para. (3).
---------------------------------------------------------------------------
(c) Limited Disclosure of Certain Proprietary \456\
Information Under Protective Order.--
(1) Disclosure by administering authority or
commission.--
(A) \461\ In general.--Upon receipt of an
application (before or after receipt of the
information requested) which describes in
general terms the information requested and
sets forth the reasons for the request, the
administering authority or the Commission shall
make all business proprietary information
presented to, or obtained by it, during a
proceeding (except privileged information,
classified information, and specific
information of a type for which there is a
clear and compelling need to withhold from
disclosure) available to interested parties who
are parties to the proceeding under a
protective order described in subparagraph (B),
regardless of when the information is submitted
during a proceeding. Customer names obtained
during any investigation which requires a
determination under section 705(b) or 735(b)
may not be disclosed by the administering
authority under protective order until either
an order is published under section 706(a) or
736(a) as a result of the investigation or the
investigation is suspended or terminated. The
Commission may delay disclosure of customer
names under protective order during any such
investigation until a reasonable time prior to
any hearing provided under section 774.\462\
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\461\ Sec. 1332(2)(A) of Public Law 100-418 (102 Stat. 1208)
amended and restated subpara. (A).
\462\ Sec. 135(b)(1) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 650) added text beginning at ``Customer names *
* *''.
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(B) Protective order.--The protective order
under which information is made available shall
contain such requirements as the administering
authority or the Commission may determine by
regulation to be appropriate. The administering
authority and the Commission shall provide by
regulation for such sanctions as the
administering authority and the Commission
determine to be appropriate, including
disbarment from practice before the agency.
(C) \463\ Time limitation on
determinations.--The administering authority or
the Commission, as the case may be, shall
determine whether to make information available
under this paragraph--
---------------------------------------------------------------------------
\463\ Sec. 1332(2)(B) of Public Law 100-418 (102 Stat. 1208) added
subparas. (C), (D) and (E).
---------------------------------------------------------------------------
(i) not later than 14 days (7 days if
the submission pertains to a proceeding
under section 703(a) or 733(a)) after
the date on which the information is
submitted, or
(ii) if--
(I) the person that submitted
the information raises
objection to its release, or
(II) the information is
unusually voluminous or
complex,
not later than 30 days (10 days if the
submission pertains to a proceeding
under section 703(a) or 733(a)) after
the date on which the information is
submitted.
(D) \463\ Availability after determination.--
If the determination under subparagraph (C) is
affirmative, then--
(i) the business proprietary
information submitted to the
administering authority or the
Commission on or before the date of the
determination shall be made available,
subject to the terms and conditions of
the protective order, on such date; and
(ii) the business proprietary
information submitted to the
administering authority or the
Commission after the date of the
determination shall be served as
required by subsection (d).
(E) \463\ Failure to disclose.--If a person
submitting information to the administering
authority refuses to disclose business
proprietary information which the administering
authority determines should be released under a
protective order described in subparagraph (B),
the administering authority shall return the
information, and any nonconfidential summary
thereof, to the person submitting the
information and summary and shall not consider
either.
(2) Disclosure under court order.--If the
administering authority denies a request for
information under paragraph (1),\464\ then application
may be made to the United States Customs Court for an
order directing the administering authority or the
Commission to make the information available. After
notification of all parties to the investigation and
after an opportunity for a hearing on the record, the
court may issue an order, under such conditions as the
court deems appropriate, which shall not have the
effect of stopping or suspending the investigation,
directing the administering authority or the Commission
to make all or a portion of the requested information
described in the preceding sentence available under a
protective order and setting forth sanctions for
violation of such order if the court finds that, under
the standards applicable in proceedings of the court,
such an order is warranted, and that--
---------------------------------------------------------------------------
\464\ Sec. 1332(3) of Public Law 100-418 (102 Stat. 1208) struck
out ``or the Commission denies a request for proprietary information
submitted by the petitioner or an interested party in support of the
petitioner concerning the domestic price or cost of production of the
like product,'' which previously appeared at this point.
---------------------------------------------------------------------------
(A) the administering authority or the
Commission has denied access to the information
under subsection (b)(1),
(B) the person on whose behalf the
information is requested is an interested party
who is a party to the investigation in
connection with which the information was
obtained or developed, and
(C) the party which submitted the information
to which the request relates has been notified,
in advance of the hearing, of the request made
under this section and of its right to appear
and be heard.
(d) \465\ Service.--Any party submitting written information,
including business proprietary information, to the
administering authority or the Commission during a proceeding
shall, at the same time, serve the information upon all
interested parties who are parties to the proceeding, if the
information is covered by a protective order. The administering
authority or the Commission shall not accept any such
information that is not accompanied by a certificate of service
and a copy of the protective order version of the document
containing the information. Business proprietary information
shall only be served upon interested parties who are parties to
the proceeding that are subject to protective order; however, a
nonconfidential summary thereof shall be served upon all other
interested parties who are parties to the proceeding.
---------------------------------------------------------------------------
\465\ Sec. 1332(4) of Public Law 100-418 (102 Stat. 1209) added
subsecs. (d) and (e), which related to timely submissions.
Subsequently, sec. 231(d)(1) of Public Law 103-465 (108 Stat. 4897)
repealed subsec. (e).
---------------------------------------------------------------------------
(e) \465\ * * * [Repealed--1994]
(f) \466\ Disclosure of Proprietary Information Under
Protective Orders Issued Pursuant to the North American Free
Trade Agreement or the United States-Canada Agreement.--
---------------------------------------------------------------------------
\466\ Sec. 403(c) of the United States-Canada Free-Trade Agreement
Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1884) added
subsec. (f) as a second subsec. (d). Sec. 134(a)(4) of the Customs and
Trade Act of 1990 (Public Law 101-382; 104 Stat. 650) redesignated the
second subsec. (d) as subsec. (f). Sec. 412(c)(1) of the NAFTA
Implementation Act (Public Law 103-182; 107 Stat. 2146) inserted ``the
North American Free Trade Agreement or'' before ``the United States-
Canada Agreement'' in the subsection heading.
---------------------------------------------------------------------------
(1) Issuance of protective orders.--
(A) In general.--If binational panel review
of a determination under this title is
requested pursuant to article 1904 of the NAFTA
or \467\ the United States-Canada Agreement, or
an extraordinary challenge committee is
convened under Annex 1904.13 of the NAFTA or
\467\ the United States-Canada Agreement, the
administering authority or the Commission, as
appropriate, may make available to authorized
persons, under a protective order described in
paragraph (2), a copy of all proprietary
material \468\ in the administrative record
made during the proceeding in question. If the
administering authority or the Commission
claims a privilege as to a document or portion
of a document in the administrative record of
the proceeding in question and a binational
panel or extraordinary challenge committee
\469\ finds that in camera inspection or
limited disclosure of that document or portion
thereof is required by United States law, the
administering authority or the Commission, as
appropriate, may restrict access to such
document or portion thereof to the authorized
persons identified by the panel or committee
\470\ as requiring access and may require such
persons to obtain access under a protective
order described in paragraph (2).\471\
---------------------------------------------------------------------------
\467\ Sec. 412(c)(2) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) inserted ``the NAFTA or'' before ``the United
States-Canada Agreement'' each place it appears in para. (1)(A).
\468\ Sec. 134(a)(4)(A)(i) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) struck out ``(but not privileged
material as defined by the rules of procedure referred to in article
1904(14) of the United States-Canada Agreement)'' which previously
appeared at this point.
\469\ Sec. 412(c)(3)(A) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) inserted ``or extraordinary challenge
committee''.
\470\ Sec. 412(c)(3)(B) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) inserted ``or committee''.
\471\ Sec. 134(a)(4)(A)(ii) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) inserted this sentence.
---------------------------------------------------------------------------
(B) Authorized persons.--For purposes of this
subsection, the term ``authorized persons''
means--
(i) the members of, and the
appropriate staff of, the binational
panel or the extraordinary challenge
committee, as the case may be, and the
Secretariat,
(ii) counsel for parties to such
panel or committee proceeding, and
employees, and persons under the
direction and control,\472\ of such
counsel,\473\
---------------------------------------------------------------------------
\472\ Sec. 134(a)(4)(B)(i) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) inserted ``, and persons under the
direction and control,''.
\473\ Sec. 134(a)(4)(B)(ii) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) struck out ``and'' at the end of
clause (ii).
---------------------------------------------------------------------------
(iii) any officer or employee of the
United States Government designated by
the administering authority or the
Commission, as appropriate, to whom
disclosure is necessary in order to
make recommendations to the Trade
Representative regarding the convening
of extraordinary challenge committees
under chapter 19 of the NAFTA or the
Agreement, and \474\
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\474\ Sec. 134(a)(4)(B)(iii) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) struck out ``implement the United
States-Canada Agreement with respect to such proceeding.'' following
``in order to'', and inserted in lieu thereof ``make recommendations to
the Trade Representative regarding the convening of extraordinary
challenge committees under chapter 19 of the Agreement, and''.
Subsequently, sec. 412(c)(4)(A) of the NAFTA Implementation Act
(Public Law 103-182; 107 Stat. 2146) inserted ``the NAFTA or'' before
``the Agreement'' in clauses (iii) and (iv).
---------------------------------------------------------------------------
(iv) \475\ any officer or employee of
the Government of a free trade area
country (as defined in section
516A(f)(10)) designated by an
authorized agency of such country \476\
to whom disclosure is necessary in
order to make decisions regarding the
convening of extraordinary challenge
committees under chapter 19 of the
NAFTA or \474\ the Agreement.
---------------------------------------------------------------------------
\475\ Sec. 134(a)(4)(B)(iv) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) added clause (iv).
\476\ Sec. 412(c)(4)(B) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) struck out ``Government of Canada designated
by an authorized agency of Canada'' and inserted in lieu thereof
``Government of a free trade area country (as defined in section
516A(f)(10)) designated by an authorized agency of such country''.
---------------------------------------------------------------------------
(C) Review.--A decision concerning the
disclosure or nondisclosure of material under
protective order by the administering authority
or the Commission shall not be subject to
judicial review, and no court of the United
States shall have power or jurisdiction to
review such decision on any question of law or
fact by an action in the nature of mandamus or
otherwise.
(2) Contents of protective order.-- Each protective
order issued under this subsection shall be in such
form and contain such requirements as the administering
authority or the Commission may determine by regulation
to be appropriate. The administering authority and the
Commission shall ensure that regulations issued
pursuant to this paragraph shall be designed to provide
an opportunity for participation in the binational
panel proceeding, including any extraordinary
challenge,\477\ equivalent to that available for
judicial review of determinations by the administering
authority or the Commission that are not subject to
review by a binational panel.
---------------------------------------------------------------------------
\477\ Sec. 412(c)(5) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) inserted ``, including any extraordinary
challenge,''.
---------------------------------------------------------------------------
(3) Prohibited acts.--It is unlawful for any person
to violate,\478\ to induce the violation of, or
knowingly to receive information the receipt of which
constitutes a violation of\478\ any provision of a
protective order issued under this subsection or to
violate, to induce the violation of, or knowingly to
receive information the receipt of which constitutes a
violation of any provision of an undertaking entered
into with an authorized agency of a free trade area
country (as defined in section 516A(f)(10)) \479\ to
protect proprietary material during binational panel or
extraordinary challenge committee \480\ review pursuant
to article 1904 of the NAFTA or \481\ the United
States-Canada Agreement.
---------------------------------------------------------------------------
\478\ Sec. 134(a)(4)(C) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) struck out ``or'' after
``violate,''; and inserted ``or knowingly to receive information the
receipt of which constitutes a violation of'' after ``violation of,''.
\479\ Sec. 412(c)(7) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) struck out ``agency of Canada'' in paras. (3)
and (4) and inserted ``agency of a free trade area country (as defined
in section 516A(f)(10))''.
\480\ Sec. 412(c)(6)(A) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) inserted ``or extraordinary challenge
committee''.
\481\ Sec. 412(c)(6)(B) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) inserted ``the NAFTA or''.
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(4) Sanctions for violation of protective orders.--
Any person, except a judge appointed to a binational
panel or an extraordinary challenge committee under
section 402(b) of the North American Free Trade
Agreement Implementation Act,\482\ who is found by the
administering authority or the Commission, as
appropriate, after notice and an opportunity for a
hearing in accordance with section 554 of title 5,
United States Code, to have committed an act prohibited
by paragraph (3) shall be liable to the United States
for a civil penalty and shall be subject to such other
administrative sanctions, including, but not limited
to, debarment from practice before the administering
authority or the Commission, as the administering
authority or the Commission determines to be
appropriate. The amount of the civil penalty shall not
exceed $100,000 for each violation. Each day of a
continuing violation shall constitute a separate
violation. The amount of such civil penalty and other
sanctions shall be assessed by the administering
authority or the Commission by written notice, except
that assessment shall be made by the administering
authority for violation, inducement of a violation or
receipt of information with reason to know that such
information was disclosed in violation,\483\ of an
undertaking entered into by any person with an
authorized agency of a free trade area country (as
defined in section 516A(f)(10)).\479\
---------------------------------------------------------------------------
\482\ Sec. 412(c)(8) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2146) inserted ``, except a judge appointed to a
binational panel or an extraordinary challenge committee under section
402(b) of the North American Free Trade Agreement Implementation
Act,''.
\483\ Sec. 134(a)(4)(D) of the Customs and Trade Act of 1990
(Public Law 101-382; 104 Stat. 650) struck out ``or inducement of a
violation,'' and inserted in lieu thereof ``inducement of a violation
or receipt of information with reason to know that such information was
disclosed in violation,''.
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(5) Review of sanctions.--Any person against whom
sanctions are imposed under paragraph (4) may obtain
review of such sanctions by filing a notice of appeal
in the United States Court of International Trade
within 30 days from the date of the order imposing the
sanction and by simultaneously sending a copy of such
notice by certified mail to the administering authority
or the Commission, as appropriate. The administering
authority or the Commission shall promptly file in such
court a certified copy of the record upon which such
violation was found or such sanction imposed, as
provided in section 2112 of title 28, United States
Code. The findings and order of the administering
authority or the Commission shall be set aside by the
court only if the court finds that such findings and
order are not supported by substantial evidence, as
provided in section 706(2) of title 5, United States
Code.
(6) Enforcement of sanctions.--If any person fails to
pay an assessment of a civil penalty or to comply with
other administrative sanctions after the order imposing
such sanctions becomes a final and unappealable order,
or after the United States Court of International Trade
has entered final judgment in favor of the
administering authority or the Commission, an action
may be filed in such court to enforce the sanctions. In
such action, the validity and appropriateness of the
final order imposing the sanctions shall not be subject
to review.
(7) Testimony and production of papers.--
(A) Authority to obtain information.--For the
purpose of conducting any hearing and carrying
out other functions and duties under this
subsection, the administering authority and the
Commission, or their duly authorized agents--
(i) shall have access to and the
right to copy any pertinent document,
paper, or record in the possession of
any individual, partnership,
corporation, association, organization,
or other entity,
(ii) may summon witnesses, take
testimony, and administer oaths,
(iii) and may require any individual
or entity to produce pertinent
documents, books, or records.
Any member of the Commission, and any person so
designated by the administering authority, may
sign subpoenas, and members and agents of the
administering authority and the Commission,
when authorized by the administering authority
or the Commission, as appropriate, may
administer oaths and affirmations, examine
witnesses, take testimony, and receive
evidence.
(B) Witnesses and evidence.--The attendance
of witnesses who are authorized to be summoned,
and the production of documentary evidence
authorized to be ordered, under subparagraph
(A) may be required from any place in the
United States at any designated place of
hearing. In the case of disobedience to a
subpoena issued under subparagraph (A), an
action may be filed in any district or
territorial court of the United States to
require the attendance and testimony of
witnesses and the production of documentary
evidence. Such court, within the jurisdiction
of which such inquiry is carried on, may, in
case of contumacy or refusal to obey a subpoena
issued to any individual, partnership,
corporation, association, organization or other
entity, issue any order requiring such
individual or entity to appear before the
administering authority or the Commission, or
to produce documentary evidence if so ordered
or to give evidence concerning the matter in
question. Any failure to obey such order of the
court may be punished by the court as a
contempt thereof.
(C) Mandamus.--Any court referred to in
subparagraph (B) shall have jurisdiction to
issue writs of mandamus commanding compliance
with the provisions of this subsection or any
order of the administering authority or the
Commission made in pursuance thereof.
(D) Depositions.--For purposes of carrying
out any functions or duties under this
subsection, the administering authority or the
Commission may order testimony to be taken by
deposition. Such deposition may be taken before
any person designated by the administering
authority or Commission and having power to
administer oaths. Such testimony shall be
reduced to writing by the person taking the
deposition, or under the direction of such
person, and shall then be subscribed by the
deponent. Any individual, partnership,
corporation, association, organization or other
entity may be compelled to appear and depose
and to produce documentary evidence in the same
manner as witnesses may be compelled to appear
and testify and produce documentary evidence
before the administering authority or
Commission, as provided in this paragraph.
(E) Fees and mileage of witnesses.--Witnesses
summoned before the administering authority or
the Commission shall be paid the same fees and
mileage that are paid witnesses in the courts
of the United States.
(g) \484\ Information Relating to Violations of Protective
Orders and Sanctions.--The administering authority and the
Commission may withhold from disclosure any correspondence,
private letters of reprimand, settlement agreements, and
documents and files compiled in relations to investigations and
actions involving a violation or possible violation of a
protective order issued under subsection (c) or (d), and such
information shall be treated as information described in
section 552(b)(3) of title 5, United States Code.
---------------------------------------------------------------------------
\484\ Sec. 135(b)(2) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 650) added subsec. (g).
---------------------------------------------------------------------------
(h) \485\ Opportunity for Comment by Consumers and
Industrial Users.--The administering authority and the
Commission shall provide an opportunity for industrial users of
the subject merchandise and, if the merchandise is sold at the
retail level, for representative consumer organizations, to
submit relevant information to the administering authority
concerning dumping or a countervailable subsidy, and to the
Commission concerning material injury by reason of dumped or
subsidized imports.
---------------------------------------------------------------------------
\485\ Sec. 227 of Public Law 103-465 (108 Stat. 4888) added subsec.
(h).
---------------------------------------------------------------------------
(i) \486\ Publication of Determinations; Requirements for
Final Determinations.--
---------------------------------------------------------------------------
\486\ Sec. 228 of Public Law 103-465 (108 Stat. 4888) added subsec.
(i).
---------------------------------------------------------------------------
(1) In general.--Whenever the administering authority
makes a determination under section 702 or 732 whether
to initiate an investigation, or the administering
authority or the Commission makes a preliminary
determination under section 703 or 733, a final
determination under section 705 or section 735, a
preliminary or final determination in a review under
section 751, a determination to suspend an
investigation under this title, or a determination
under section 753, the administering authority or the
Commission, as the case may be, shall publish the facts
and conclusions supporting that determination, and
shall publish notice of that determination in the
Federal Register.
(2) Contents of notice or determination.--The notice
or determination published under paragraph (1) shall
include, to the extent applicable--
(A) in the case of a determination of the
administering authority--
(i) the names of the exporters or
producers of the subject merchandise
or, when providing such names is
impracticable, the countries exporting
the subject merchandise to the United
States,
(ii) a description of the subject
merchandise that is sufficient to
identify the subject merchandise for
customs purposes,
(iii)(I) with respect to a
determination in an investigation under
subtitle A or section 753 or in a
review of a countervailing duty order,
the amount of the countervailable
subsidy established and a full
explanation of the methodology used in
establishing the amount, and
(II) with respect to a determination
in an investigation under subtitle B or
in a review of an antidumping duty
order, the weighted average dumping
margins established and a full
explanation of the methodology used in
establishing such margins, and
(iv) the primary reasons for the
determination; and
(B) in the case of a determination of the
Commission--
(i) considerations relevant to the
determination of injury, and
(ii) the primary reasons for the
determination.
(3) Additional requirements for final
determinations.--In addition to the requirements set
forth in paragraph (2)--
(A) the administering authority shall include
in a final determination described in paragraph
(1) an explanation of the basis for its
determination that addresses relevant
arguments, made by interested parties who are
parties to the investigation or review (as the
case may be), concerning the establishment of
dumping or a countervailable subsidy, or the
suspension of the investigation, with respect
to which the determination is made; and
(B) the Commission shall include in a final
determination of injury an explanation of the
basis for its determination that addresses
relevant arguments that are made by interested
parties who are parties to the investigation or
review (as the case may be) concerning volume,
price effects, and impact on the industry of
imports of the subject merchandise.''
SEC. 777A.\487\ SAMPLING AND AVERAGING; DETERMINATION OF WEIGHTED
AVERAGE DUMPING MARGIN AND COUNTERVAILABLE SUBSIDY
RATE.
(a) In General.--For purposes of determining the export
price (or constructed export price) under section 772 or the
normal value under section 773, and in carrying out reviews
under section 751, the administering authority may--
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\487\ 19 U.S.C. 1677f-1. Sec. 620(a) of Public Law 98-573 (98 Stat.
3039) inserted sec. 777A. Sec. 229(a) of Public Law 103-465 (108 Stat.
4889) amended and restated the section. Sec. 269(b)(1) of Public Law
103-465 (108 Stat. 4916) added ``and countervailable subsidy rate''
after ``margin'' in the section catchline.
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(1) use averaging and statistically valid samples, if
there is a significant volume of sales of the subject
merchandise or a significant number or types of
products, and
(2) decline to take into account adjustments which
are insignificant in relation to the price or value of
the merchandise.
(b) Selection of Averages and Samples.--The authority to
select averages and statistically valid samples shall rest
exclusively with the administering authority. The administering
authority shall, to the greatest extent possible, consult with
the exporters and producers regarding the method to be used to
select exporters, producers, or types of products under this
section.
(c) Determination of Dumping Margin.--
(1) General rule.--In determining weighted average
dumping margins under section 733(d), 735(c), or
751(a), the administering authority shall determine the
individual weighted average dumping margin for each
known exporter and producer of the subject merchandise.
(2) Exception.--If it is not practicable to make
individual weighted average dumping margin
determinations under paragraph (1) because of the large
number of exporters or producers involved in the
investigation or review, the administering authority
may determine the weighted average dumping margins for
a reasonable number of exporters or producers by
limiting its examination to--
(A) a sample of exporters, producers, or
types of products that is statistically valid
based on the information available to the
administering authority at the time of
selection, or
(B) exporters and producers accounting for
the largest volume of the subject merchandise
from the exporting country that can be
reasonably examined.
(d) Determination of Less Than Fair Value.--
(1) Investigations.--
(A) In general.--In an investigation under
subtitle B, the administering authority shall
determine whether the subject merchandise is
being sold in the United States at less than
fair value--
(i) by comparing the weighted average
of the normal values to the weighted
average of the export prices (and
constructed export prices) for
comparable merchandise, or
(ii) by comparing the normal values
of individual transactions to the
export prices (or constructed export
prices) of individual transactions for
comparable merchandise.
(B) Exception.--The administering authority
may determine whether the subject merchandise
is being sold in the United States at less than
fair value by comparing the weighted average of
the normal values to the export prices (or
constructed export prices) of individual
transactions for comparable merchandise, if--
(i) there is a pattern of export
prices (or constructed export prices)
for comparable merchandise that differ
significantly among purchasers,
regions, or periods of time, and
(ii) the administering authority
explains why such differences cannot be
taken into account using a method
described in paragraph (1)(A)(i) or
(ii).
(2) Reviews.--In a review under section 751, when
comparing export prices (or constructed export prices)
of individual transactions to the weighted average
price of sales of the foreign like product, the
administering authority shall limit its averaging of
prices to a period not exceeding the calendar month
that corresponds most closely to the calendar month of
the individual export sale.
(e) \488\ Determination of Countervailable Subsidy Rate.--
---------------------------------------------------------------------------
\488\ Sec. 269(a) of Public Law 103-465 (108 Stat. 4916) inserted
subsec. (e).
---------------------------------------------------------------------------
(1) General rule.--In determining countervailable
subsidy rates under section 703(d), 705(c), or 751(a),
the administering authority shall determine an
individual countervailable subsidy rate for each known
exporter or producer of the subject merchandise.
(2) Exception.--If the administering authority
determines that it is not practicable to determine
individual countervailable subsidy rates under
paragraph (1) because of the large number of exporters
or producers involved in the investigation or review,
the administering authority may--
(A) determine individual countervailable
subsidy rates for a reasonable number of
exporters or producers by limiting its
examination to--
(i) a sample of exporters or
producers that the administering
authority determines is statistically
valid based on the information
available to the administering
authority at the time of selection, or
(ii) exporters and producers
accounting for the largest volume of
the subject merchandise from the
exporting country that the
administering authority determines can
be reasonably examined; or
(B) determine a single country-wide subsidy
rate to be applied to all exporters and
producers.
The individual countervailable subsidy rates determined
under subparagraph (A) shall be used to determine the
all-others rate under section 705(c)(5).''
SEC. 778.\489\ INTEREST ON CERTAIN OVERPAYMENTS AND UNDERPAYMENTS.
(a) General Rule.--Interest shall be payable on
overpayments and underpayments of amounts deposited on
merchandise entered, or withdrawn from warehouse, for
consumption on and after--
---------------------------------------------------------------------------
\489\ 19 U.S.C. 1677g. Sec. 621 of Public Law 98-573 (98 Stat.
3039) amended and restated sec. 778.
---------------------------------------------------------------------------
(1) the date of publication of a countervailing or
antidumping duty order under this title or section 303,
or
(2) the date of a finding under the Antidumping Act,
1921.
(b) Rate.--The rate of interest payable under subsection
(a) for any period of time is the rate of interest established
under section 6621 of the Internal Revenue Code of 1986 \490\
for such period.
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\490\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
in any law.
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SEC. 779.\491\ DRAWBACK TREATMENT.
For purposes of any law relating to the drawback of customs
duties, countervailing duties and antidumping duties imposed by
this title shall not be treated as being regular customs
duties.\492\
---------------------------------------------------------------------------
\491\ 19 U.S.C. 1677h. Sec. 622(a)(2) of Public Law 98-573 (98
Stat. 3039) added sec. 779. Sec. 626(b) of Public Law 98-573 further
stated that this amendment shall apply with respect to investigations
initiated by petition or by the administering authority under subtitles
A and B of title VII of the Tariff Act of 1930 on or after the
effective date of this Act (October 30, 1984).
\492\ Sec. 1334 of Public Law 100-418 (102 Stat. 1209) struck out
``shall be treated as any other customs duties'' and inserted in lieu
thereof ``shall not be treated as being regular customs duties'', and
amended the section heading which previously read ``drawbacks''.
---------------------------------------------------------------------------
SEC. 780.\493\ DOWNSTREAM PRODUCT MONITORING.
(a) Petition Requesting Monitoring.--
---------------------------------------------------------------------------
\493\ 19 U.S.C. 1677i. Sec. 1320 of Public Law 100-418 (102 Stat.
1189) inserted sec. 780.
---------------------------------------------------------------------------
(1) In general.--A domestic producer of an article
that is like a component part or a downstream product
may petition the administering authority to designate a
downstream product for monitoring under subsection (b).
The petition shall specify--
(A) the downstream product,
(B) the component product incorporated into
such downstream product, and
(C) the reasons for suspecting that the
imposition of antidumping or countervailing
duties has resulted in a diversion of exports
of the component part into increased production
and exportation to the United States of such
downstream product.
(2) Determination regarding petition.--Within 14 days
after receiving a petition submitted under paragraph
(1), the administering authority shall determine--
(A) whether there is a reasonable likelihood
that imports into the United States of the
downstream product will increase as an indirect
result of any diversion with respect to the
component part, and
(B) whether--
(i) the component part is already
subject to monitoring to aid in the
enforcement of a bilateral arrangement
(within the meaning of section 804 of
the Trade and Tariff Act of 1984),
(ii) merchandise related to the
component part and manufactured in the
same foreign country in which the
component part is manufactured has been
the subject of a significant number of
investigations suspended under section
704 or 734 or countervailing or
antidumping duty orders issued under
this title or section 303, or
(iii) merchandise manufactured or
exported by the manufacturer or
exporter of the component part that is
similar in description and use to the
component part has been the subject of
at least 2 investigations suspended
under section 704 or 734 or
countervailing or antidumping duty
orders issued under this title or
section 303.
(3) Factors to take into account.--In making a
determination under paragraph (2)(A), the administering
authority may, if appropriate, take into account such
factors as--
(A) the value of the component part in
relation to the value of the downstream
product,
(B) the extent to which the component part
has been substantially transformed as a result
of its incorporation into the downstream
product, and
(C) the relationship between the producers of
component parts and producers of downstream
products.
(4) Publication of determination.--The administering
authority shall publish in the Federal Register notice
of each determination made under paragraph (2) and, if
the determination made under paragraph (2)(A) and a
determination made under any subparagraph of paragraph
(2)(B) are affirmative, shall transmit a copy of such
determinations and the petition to the Commission.
(5) Determinations not subject to judicial review.--
Notwithstanding any other provision of law, any
determination made by the administering authority under
paragraph (2) shall not be subject to judicial review.
(b) Monitoring by the Commission.--
(1) In general.--If the determination made under
subsection (a)(2)(A) and a determination made under any
clause of subsection (a)(2)(B) with respect to a
petition are affirmative, the Commission shall
immediately commence monitoring of trade in the
downstream product that is the subject of the
determination made under subsection (a)(2)(A). If the
Commission finds that imports of a downstream product
being monitored increased during any calendar quarter
by 5 percent or more over the preceding quarter, the
Commission shall analyze that increase in the context
of overall economic conditions in the product sector.
(2) Reports.--The Commission shall make quarterly
reports to the administering authority regarding the
monitoring and analyses conducted under paragraph (1).
The Commission shall make the reports available to the
public.
(c) Action on Basis of Monitoring Reports.--The administering
authority shall review the information in the reports submitted
by the Commission under subsection (b)(2) and shall--
(1) consider the information in determining whether
to initiate an investigation under section 702(a) or
732(a) \494\ regarding any downstream product, and
---------------------------------------------------------------------------
\494\ Sec. 261(d)(1)(B)(iv) of Public Law 103-465 (108 Stat. 4910)
struck out ``, 732(a), or 303'' and inserted in lieu thereof ``or
732(a)''.
---------------------------------------------------------------------------
(2) request the Commission to cease monitoring any
downstream product if the information indicates that
imports into the United States are not increasing and
there is no reasonable likelihood of diversion with
respect to component parts.
(d) Definitions.--For purposes of this section--
(1) The term ``component part'' means any imported
article that--
(A) during the 5-year period ending on the
date on which the petition is filed under
subsection (a), has been subject to--
(i) a countervailing or antidumping
duty order issued under this title or
section 303 that requires the deposit
of estimated countervailing or
antidumping duties imposed at a rate of
at least 15 percent ad valorem, or
(ii) an agreement entered into under
section 704, 734, or 303 after a
preliminary affirmative determination
under section 703(b), 733(b)(1), or 303
was made by the administering authority
which included a determination that the
estimated net countervailable subsidy
\495\ was at least 15 percent ad
valorem or that the estimated average
amount by which the normal value \496\
exceeded the export price (or the
constructed export price) \497\ was at
least 15 percent ad valorem, and
---------------------------------------------------------------------------
\495\ Sec. 270(a)(1)(M) of Public Law 103-465 (108 Stat. 4917)
struck out ``subsidy'' and inserted in lieu thereof ``countervailable
subsidy''.
\496\ Sec. 233(a)(1)(E) of Public Law 103-465 (108 Stat. 4898)
struck out ``foreign market value'' and inserted in lieu thereof
``normal value''.
\497\ Sec. 233(a)(2)(A)(vi) of Public Law 103-465 (108 Stat. 4898)
struck out ``United States price'' and inserted in lieu thereof
``export price (or the constructed export price)''.
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(B) because of its inherent characteristics,
is routinely used as a major part, component,
assembly, subassembly, or material in a
downstream product.
(2) The term ``downstream product'' means any
manufactured article--
(A) which is imported into the United States,
and
(B) into which is incorporated any component
part.
SEC. 781.\498\ PREVENTION OF CIRCUMVENTION OF ANTIDUMPING AND
COUNTERVAILING DUTY ORDERS.
(a) Merchandise Completed or Assembled in the United
States.--
---------------------------------------------------------------------------
\498\ 19 U.S.C. 1677j. Sec. 1321(a) of Public Law 100-418 (102
Stat. 1192) added sec. 781. Sec. 1337(d) of that Act further provided
that the provisions of sec. 781 of the Tariff Act of 1930, as added by
sec. 1321(a), and the amendments made by sec. 1334 should apply with
respect to articles entered, or withdrawn from warehouse for
consumption, on or after the date of enactment of that Act. Sec. 230(a)
of Public Law 103-465 (108 Stat. 4891) amended and restated subsecs.
(a) and (b).
---------------------------------------------------------------------------
(1) In general.--If--
(A) merchandise sold in the United States is
of the same class or kind as any other
merchandise that is the subject of--
(i) an antidumping duty order issued
under section 736,
(ii) a finding issued under the
Antidumping Act, 1921, or
(iii) a countervailing duty order
issued under section 706 or section
303,
(B) such merchandise sold in the United
States is completed or assembled in the United
States from parts or components produced in the
foreign country with respect to which such
order or finding applies,
(C) the process of assembly or completion in
the United States is minor or insignificant,
and
(D) the value of the parts or components
referred to in subparagraph (B) is a
significant portion of the total value of the
merchandise,
the administering authority, after taking into account
any advice provided by the Commission under subsection
(e), may include within the scope of such order or
finding the imported parts or components referred to in
subparagraph (B) that are used in the completion or
assembly of the merchandise in the United States at any
time such order or finding is in effect.
(2) Determination of whether process is minor or
insignificant.--In determining whether the process of
assembly or completion is minor or insignificant under
paragraph (1)(C), the administering authority shall
take into account--
(A) the level of investment in the United
States,
(B) the level of research and development in
the United States,
(C) the nature of the production process in
the United States,
(D) the extent of production facilities in
the United States, and
(E) whether the value of the processing
performed in the United States represents a
small proportion of the value of the
merchandise sold in the United States.
(3) Factors to consider.--In determining whether to
include parts or components in a countervailing or
antidumping duty order or finding under paragraph (1),
the administering authority shall take into account
such factors as--
(A) the pattern of trade, including sourcing
patterns,
(B) whether the manufacturer or exporter of
the parts or components is affiliated with the
person who assembles or completes the
merchandise sold in the United States from the
parts or components produced in the foreign
country with respect to which the order or
finding described in paragraph (1) applies, and
(C) whether imports into the United States of
the parts or components produced in such
foreign country have increased after the
initiation of the investigation which resulted
in the issuance of such order or finding.
(b) Merchandise Completed or Assembled in Other Foreign
Countries.--
(1) In general.--If--
(A) merchandise imported into the United
States is of the same class or kind as any
merchandise produced in a foreign country that
is the subject of--
(i) an antidumping duty order issued
under section 736,
(ii) a finding issued under the
Antidumping Act, 1921, or
(iii) a countervailing duty order
issued under section 706 or section
303,
(B) before importation into the United
States, such imported merchandise is completed
or assembled in another foreign country from
merchandise which--
(i) is subject to such order or
finding, or
(ii) is produced in the foreign
country with respect to which such
order or finding applies,
(C) the process of assembly or completion in
the foreign country referred to in subparagraph
(B) is minor or insignificant,
(D) the value of the merchandise produced in
the foreign country to which the antidumping
duty order applies is a significant portion of
the total value of the merchandise exported to
the United States, and
(E) the administering authority determines
that action is appropriate under this paragraph
to prevent evasion of such order or finding,
the administering authority, after taking into account
any advice provided by the Commission under subsection
(e), may include such imported merchandise within the
scope of such order or finding at any time such order
or finding is in effect.
(2) Determination of whether process is minor or
insignificant.--In determining whether the process of
assembly or completion is minor or insignificant under
paragraph (1)(C), the administering authority shall
take into account--
(A) the level of investment in the foreign
country,
(B) the level of research and development in
the foreign country,
(C) the nature of the production process in
the foreign country,
(D) the extent of production facilities in
the foreign country, and
(E) whether the value of the processing
performed in the foreign country represents a
small proportion of the value of the
merchandise imported into the United States.
(3) Factors to consider.--In determining whether to
include merchandise assembled or completed in a foreign
country in a countervailing duty order or an
antidumping duty order or finding under paragraph (1),
the administering authority shall take into account
such factors as--
(A) the pattern of trade, including sourcing
patterns,
(B) whether the manufacturer or exporter of
the merchandise described in paragraph (1)(B)
is affiliated with the person who uses the
merchandise described in paragraph (1)(B) to
assemble or complete in the foreign country the
merchandise that is subsequently imported into
the United States, and
(C) whether imports into the foreign country
of the merchandise described in paragraph
(1)(B) have increased after the initiation of
the investigation which resulted in the
issuance of such order or finding.
(c) Minor Alterations of Merchandise.--
(1) In general.--The class or kind of merchandise
subject to--
(A) an investigation under this title,
(B) an antidumping duty order issued under
section 736,
(C) a finding issued under the Antidumping
Act, 1921, or
(D) a countervailing duty order issued under
section 706 or section 303,
shall include articles altered in form or appearance in
minor respects (including raw agricultural products
that have undergone minor processing), whether or not
included in the same tariff classification.
(2) Exception.--Paragraph (1) shall not apply with
respect to altered merchandise if the administering
authority determines that it would be unnecessary to
consider the altered merchandise within the scope of
the investigation, order, or finding.
(d) Later-Developed Merchandise.--
(1) In general.--For purposes of determining whether
merchandise developed after an investigation is
initiated under this title or section 303 (hereafter in
this paragraph referred to as the ``later-developed
merchandise'') is within the scope of an outstanding
antidumping or countervailing duty order issued under
this title or section 303 as a result of such
investigation, the administering authority shall
consider whether--
(A) the later-developed merchandise has the
same general physical characteristics as the
merchandise with respect to which the order was
originally issued (hereafter in this paragraph
referred to as the ``earlier product''),
(B) the expectations of the ultimate
purchasers of the later-developed merchandise
are the same as for the earlier product,
(C) the ultimate use of the earlier product
and the later-developed merchandise are the
same,
(D) the later-developed merchandise is sold
through the same channels of trade as the
earlier product, and
(E) the later-developed merchandise is
advertised and displayed in a manner similar to
the earlier product.
The administering authority shall take into account any
advice provided by the Commission under subsection (e)
before making a determination under this subparagraph.
(2) Exclusion from orders.--The administering
authority may not exclude a later-developed merchandise
from a countervailing or antidumping duty order merely
because the merchandise--
(A) is classified under a tariff
classification other than that identified in
the petition or the administering authority's
prior notices during the proceeding, or
(B) permits the purchaser to perform
additional functions, unless such additional
functions constitute the primary use of the
merchandise and the cost of the additional
functions constitute more than a significant
proportion of the total cost of production of
the merchandise.
(e) Commission Advice.--
(1) Notification to commission of proposed action.--
Before making a determination--
(A) under subsection (a) with respect to
merchandise completed or assembled in the
United States (other than minor completion or
assembly),
(B) under subsection (b) with respect to
merchandise completed or assembled in other
foreign countries, or
(C) under subsection (d) with respect to any
later-developed merchandise which incorporates
a significant technological advance or
significant alteration of an earlier product,
with respect to an antidumping or countervailing duty
order or finding as to which the Commission has made an
affirmative injury determination, the administering
authority shall notify the Commission of the proposed
inclusion of such merchandise in such countervailing or
antidumping order or finding. Notwithstanding any other
provision of law, a decision by the administering
authority regarding whether any merchandise is within a
category for which notice is required under this
paragraph is not subject to judicial review.
(2) Request for consultation.--After receiving notice
under paragraph (1), the Commission may request
consultations with the administering authority
regarding the inclusion. Upon the request of the
Commission, the administering authority shall consult
with the Commission and any such consultation shall be
completed within 15 days after the date of the request.
(3) Commission advice.--If the Commission believes,
after consultation under paragraph (2), that a
significant injury issue is presented by the proposed
inclusion, the Commission may provide written advice to
the administering authority as to whether the inclusion
would be inconsistent with the affirmative
determination of the Commission on which the order or
finding is based. If the Commission decides to provide
such written advice, it shall promptly notify the
administering authority of its intention to do so, and
must provide such advice within 60 days after the date
of notification under paragraph (1). For purposes of
formulating its advice with respect to merchandise
completed or assembled in the United States from parts
or components produced in a foreign country, the
Commission shall consider whether the inclusion of such
parts or components taken as a whole would be
inconsistent with its prior affirmative determination.
(f) \499\ Time Limits for Administering Authority
Determinations.--The administering authority shall, to the
maximum extent practicable, make the determinations under this
section within 300 days from the date of the initiation of a
countervailing duty or antidumping circumvention inquiry under
this section.
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\499\ Sec. 230(b) of Public Law 103-465 (108 Stat. 4893) added
subsec. (f).
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SEC. 782.\500\ CONDUCT OF INVESTIGATIONS AND ADMINISTRATIVE REVIEWS.
(a) Treatment of Voluntary Responses in Countervailing or
Antidumping Duty Investigations and Reviews.--In any
investigation under subtitle A or B or a review under section
751(a) in which the administering authority has, under section
777A(c)(2) or section 777A(e)(2)(A) (whichever is applicable),
limited the number of exporters or producers examined, or
determined a single country-wide rate, the administering
authority shall establish an individual countervailable subsidy
rate or an individual weighted average dumping margin for any
exporter or producer not initially selected for individual
examination under such sections who submits to the
administering authority the information requested from
exporters or producers selected for examination, if--
---------------------------------------------------------------------------
\500\ 19 U.S.C. 1677m. Sec. 231(a) of Public Law 103-465 (108 Stat.
4893) added sec. 782.
---------------------------------------------------------------------------
(1) such information is so submitted by the date
specified--
(A) for exporters and producers that were
initially selected for examination, or
(B) for the foreign government, in a
countervailing duty case where the
administering authority has determined a single
country-wide rate; and
(2) the number of exporters or producers who have
submitted such information is not so large that
individual examination of such exporters or producers
would be unduly burdensome and inhibit the timely
completion of the investigation.
(b) Certification of Submissions.--Any person providing
factual information to the administering authority or the
Commission in connection with a proceeding under this title on
behalf of the petitioner or any other interested party shall
certify that such information is accurate and complete to the
best of that person's knowledge.
(c) Difficulties in Meeting Requirements.--
(1) Notification by interested party.--If an
interested party, promptly after receiving a request
from the administering authority or the Commission for
information, notifies the administering authority or
the Commission (as the case may be) that such party is
unable to submit the information requested in the
requested form and manner, together with a full
explanation and suggested alternative forms in which
such party is able to submit the information, the
administering authority or the Commission (as the case
may be) shall consider the ability of the interested
party to submit the information in the requested form
and manner and may modify such requirements to the
extent necessary to avoid imposing an unreasonable
burden on that party.
(2) Assistance to interested parties.--The
administering authority and the Commission shall take
into account any difficulties experienced by interested
parties, particularly small companies, in supplying
information requested by the administering authority or
the Commission in connection with investigations and
reviews under this title, and shall provide to such
interested parties any assistance that is practicable
in supplying such information.
(d) Deficient Submissions.--If the administering authority
or the Commission determines that a response to a request for
information under this title does not comply with the request,
the administering authority or the Commission (as the case may
be) shall promptly inform the person submitting the response of
the nature of the deficiency and shall, to the extent
practicable, provide that person with an opportunity to remedy
or explain the deficiency in light of the time limits
established for the completion of investigations or reviews
under this title. If that person submits further information in
response to such deficiency and either--
(1) the administering authority or the Commission (as
the case may be) finds that such response is not
satisfactory, or
(2) such response is not submitted within the
applicable time limits,
then the administering authority or the Commission (as the case
may be) may, subject to subsection (e), disregard all or part
of the original and subsequent responses.
(e) Use of Certain Information.--In reaching a
determination under section 703, 705, 733, 735, 751, or 753 the
administering authority and the Commission shall not decline to
consider information that is submitted by an interested party
and is necessary to the determination but does not meet all the
applicable requirements established by the administering
authority or the Commission, if--
(1) the information is submitted by the deadline
established for its submission,
(2) the information can be verified,
(3) the information is not so incomplete that it
cannot serve as a reliable basis for reaching the
applicable determination,
(4) the interested party has demonstrated that it
acted to the best of its ability in providing the
information and meeting the requirements established by
the administering authority or the Commission with
respect to the information, and
(5) the information can be used without undue
difficulties.
(f) Nonacceptance of Submissions.--If the administering
authority or the Commission declines to accept into the record
any information submitted in an investigation or review under
this title, it shall, to the extent practicable, provide to the
person submitting the information a written explanation of the
reasons for not accepting the information.
(g) Public Comment on Information.--Information that is
submitted on a timely basis to the administering authority or
the Commission during the course of a proceeding under this
title shall be subject to comment by other parties to the
proceeding within such reasonable time as the administering
authority or the Commission shall provide. The administering
authority and the Commission, before making a final
determination under section 705, 735, 751, or 753 shall cease
collecting information and shall provide the parties with a
final opportunity to comment on the information obtained by the
administering authority or the Commission (as the case may be)
upon which the parties have not previously had an opportunity
to comment. Comments containing new factual information shall
be disregarded.
(h) Termination of Investigation or Revocation of Order for
Lack of Interest.--The administering authority may--
(1) terminate an investigation under subtitle A or B
with respect to a domestic like product if, prior to
publication of an order under section 706 or 736, the
administering authority determines that producers
accounting for substantially all of the production of
that domestic like product have expressed a lack of
interest in issuance of an order; and
(2) revoke an order issued under section 706 or 736
with respect to a domestic like product, or terminate
an investigation suspended under section 704 or 734
with respect to a domestic like product, if the
administering authority determines that producers
accounting for substantially all of the production of
that domestic like product, have expressed a lack of
interest in the order or suspended investigation.
(i) Verification.--The administering authority shall verify
all information relied upon in making--
(1) a final determination in an investigation,
(2) a revocation under section 751(d), and
(3) a final determination in a review under section
751(a), if--
(A) verification is timely requested by an
interested party as defined in section
771(9)(C), (D), (E), (F), or (G), and
(B) no verification was made under this
subparagraph during the 2 immediately preceding
reviews and determinations under section 751(a)
of the same order, finding, or notice, except
that this clause shall not apply if good cause
for verification is shown.
SEC. 783.\501\ ANTIDUMPING PETITIONS BY THIRD COUNTRIES.
(a) Filing of Petition.--The government of a WTO member may
file with the Trade Representative a petition requesting that
an investigation be conducted to determine if--
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\501\ 19 U.S.C. 1677n. Sec. 232(a) of Public Law 103-465 (108 Stat.
4897) added sec. 783.
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(1) imports from another country are being sold in
the United States at less than fair value, and
(2) an industry in the petitioning country is
materially injured by reason of those imports.
(b) Initiation.--The Trade Representative, after
consultation with the administering authority and the
Commission and obtaining the approval of the WTO Council for
Trade in Goods, shall determine whether to initiate an
investigation described in subsection (a).
(c) Determinations.--Upon initiation of an investigation
under this section, the Trade Representative shall request the
following determinations be made according to substantive and
procedural requirements specified by the Trade Representative,
notwithstanding any other provision of this title:
(1) The administering authority shall determine
whether imports into the United States of the subject
merchandise are being sold at less than fair value.
(2) The Commission shall determine whether an
industry in the petitioning country is materially
injured by reason of imports of the subject merchandise
into the United States.
(d) Public Comment.--An opportunity for public comment
shall be provided, as appropriate--
(1) by the Trade Representative, in making the
determination required by subsection (b), and
(2) by the administering authority and the
Commission, in making the determination required by
subsection (c).
(e) Issuance of Order.--If the administering authority
makes an affirmative determination under paragraph (1) of
subsection (c), and the Commission makes an affirmative
determination under paragraph (2) of subsection (c), the
administering authority shall issue an antidumping duty order
in accordance with section 736 and take such other actions as
are required by section 736.
(f) Reviews of Determinations.--For purposes of review
under section 516A or review under section 751, if an order is
issued under subsection (e),\502\ the final determinations of
the administering authority and the Commission under this
section shall be treated as final determinations made under
section 735.
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\502\ Sec. 20(b)(17) of Public Law 104-295 (110 Stat. 3528) struck
out ``subsection (d)'' and inserted in lieu thereof ``subsection (e)''.
---------------------------------------------------------------------------
(g) Access to Information.--Section 777 shall apply to
investigations under this section, to the extent specified by
the Trade Representative, after consultation with the
administering authority and the Commission.
(3) Miscellaneous Trade and Technical Corrections Act of 2004
Partial text of Public Law 108-429 [H.R. 1047], 118 Stat. 2434,
approved December 3, 2004
AN ACT To amend the Harmonized Tariff Schedule of the United States to
modify temporarily certain rates of duty, to make other technical
amendments to the trade laws, and for other purposes.
Note.--Public Law 108-429 consists primarily of
amendments to the Harmonized Tariff Schedule of the
United States (19 U.S.C. 3007) and to other Acts found
in this volume, and have been incorporated at the
appropriate points.
* * * * * * *
TITLE I--TARIFF PROVISIONS
* * * * * * *
SEC. 1560.\1\ CLARIFICATION OF DESIGNATION OF NORMAL TRADE RELATIONS.
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\1\ 19 U.S.C. 1629 note.
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(a) Findings.--Congress makes the following findings:
(1) The increased security and safety concerns that
developed in the aftermath of the terrorist attacks in
the United States on September 11, 2001, need to be
addressed.
(2) One concern that has come to light is the
vulnerability of the international bridges and tunnels
along the United States borders.
(3) It is necessary to ensure that potentially
dangerous vehicles are inspected prior to crossing
these bridges and tunnels; however, currently these
vehicles are not inspected until after they have
crossed into the United States.
(4) Establishing Integrated Border Inspection Areas
(IBIAs) would address these concerns by inspecting
vehicles before they gained access to the
infrastructure of international bridges and tunnels
joining the United States and Canada.
(b) Creation of Integrated Border Inspection Areas.--
(1) In general.--The Commissioner of the Customs
Service, in consultation with the Canadian Customs and
Revenue Agency (CCRA), shall seek to establish
Integrated Border Inspection Areas (IBIAs), such as
areas on either side of the United States-Canada
border, in which United States Customs officers can
inspect vehicles entering the United States from Canada
before they enter the United States, or Canadian
Customs officers can inspect vehicles entering Canada
from the United States before they enter Canada. Such
inspections may include, where appropriate, employment
of reverse inspection techniques.
(2) Additional requirement.--The Commissioner of
Customs, in consultation with the Administrator of the
General Services Administration when appropriate, shall
seek to carry out paragraph (1) in a manner that
minimizes adverse impacts on the surrounding community.
(3) Elements of the program.--Using the authority
granted by this section and under section 629 of the
Tariff Act of 1930, the Commissioner of Customs, in
consultation with the Canadian Customs and Revenue
Agency, shall seek to--
(A) locate Integrated Border Inspection Areas
in areas with bridges or tunnels with high
traffic volume, significant commercial
activity, and that have experienced backups and
delays since September 11, 2001;
(B) ensure that United States Customs
officers stationed in any such IBIA on the
Canadian side of the border are vested with the
maximum authority to carry out their duties and
enforce United States law;
(C) ensure that United States Customs
officers stationed in any such IBIA on the
Canadian side of the border shall possess the
same immunity that they would possess if they
were stationed in the United States; and
(D) encourage appropriate officials of the
United States to enter into an agreement with
Canada permitting Canadian Customs officers
stationed in any such IBIA on the United States
side of the border to enjoy such immunities as
permitted in Canada.
* * * * * * *
TITLE II--OTHER TRADE PROVISIONS
Subtitle A--Miscellaneous Provisions
SEC. 2001.\2\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
OF 1974 TO ARMENIA.
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\2\ 19 U.S.C. 2434 note. Sec. 2001 can be found in this volume on
page 1170.
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* * * * * * *
SEC. 2003.\3\ ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT UNDER THE
ANDEAN TRADE PREFERENCE ACT.
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\3\ 19 U.S.C. 3203 note.
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* * * * * * *
SEC. 2005.\4\ EXTENSION OF NORMAL TRADE RELATIONS TO LAOS.
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\4\ Sec. 2005 can be found in this volume on page 1171.
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* * * * * * *
TITLE III--IRAQI CULTURAL ANTIQUITIES
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Emergency Protection for
Iraqi Cultural Antiquities Act of 2004''.
SEC. 3002. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.
(a) Authority.--The President may exercise the authority of
the President under section 304 of the Convention on Cultural
Property Implementation Act (19 U.S.C. 2603) with respect to
any archaeological or ethnological material of Iraq without
regard to whether Iraq is a State Party under that Act, except
that, in exercising such authority, subsection (c) of such
section shall not apply.
(b) Definition.--In this section, the term ``archaeological
or ethnological material of Iraq'' means cultural property of
Iraq and other items of archaeological, historical, cultural,
rare scientific, or religious importance illegally removed from
the Iraq National Museum, the National Library of Iraq, and
other locations in Iraq, since the adoption of United Nations
Security Council Resolution 661 of 1990.
SEC. 3003. TERMINATION OF AUTHORITY.
The authority of the President under section 3002(a) shall
terminate on September 30, 2009.
TITLE IV--WOOL TRUST FUND
SEC. 4001.\5\ SHORT TITLE.
This title may be cited as the ``Wool Suit and Textile
Trade Extension Act of 2004''.
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\5\ 7 U.S.C. 7101 note.
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SEC. 4002. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON WOOL
PRODUCTS, WOOL RESEARCH FUND, WOOL DUTY REFUNDS.
(a) * * *
(b) * * *
(c) Extension of Duty Refunds and Wool Research Trust
Fund.--
(1) Establishment of trust fund.--There is hereby
established within the Treasury of the United States a
trust fund to be known as the Wool Apparel
Manufacturers Trust Fund (in this subsection referred
to as the ``Trust Fund''), consisting of such amounts
as may be transferred to the Trust Fund under paragraph
(2).
(2) Transfer of amounts.--
(A) In general.--The Secretary of the
Treasury shall transfer to the Trust Fund, out
of the general fund of the Treasury of the
United States, amounts determined by the
Secretary of the Treasury to be equivalent to
the amounts received in the general fund that
are attributable to the duty received on
articles classified under chapter 51 of the
Harmonized Tariff Schedule of the United
States, subject to the limitation in
subparagraph (B).
(B) Limitation.--In any fiscal year, the
Secretary shall not transfer more than the
amount determined by the Secretary necessary
for the Bureau of Customs and Border Protection
to make payments authorized under paragraph (3)
and the Secretary of Commerce to make grants
under paragraph (6).
(3) Availability of amounts from trust fund.--From
amounts in the Trust Fund, the Bureau of Customs and
Border Protection shall pay to each manufacturer that
receives a payment during calendar year 2005 under
section 505 of the Trade and Development Act of 2000
(Public Law 106-200; 114 Stat. 303), as amended by
section 5101 of the Trade Act of 2002 (116 Stat. 1041),
and that provides an affidavit, no later than March 1
of the year of the payment, that it remains a
manufacturer in the United States as of January 1 of
the year of the payment, 2 additional payments, each
payment equal to the payment received for calendar year
2005 as follows:
(A) The first payment to be made after
January 1, 2006, but on or before April 15,
2006.
(B) The second payment to be made after
January 1, 2007, but on or before April 15,
2007.
(4) Successor-in-interest.--Any manufacturer that
becomes a successor-in-interest to a claimant of a
payment under section 505 of the Trade and Development
Act of 2000, as amended by section 5101 of the Trade
Act of 2002, because of--
(A) an assignment of the claim,
(B) an assignment of the original claimant's
right to manufacture under the same trade name,
or
(C) a reorganization,
or otherwise, shall be eligible to claim the payment as
if the successor manufacturer were the original
claimant, without regard to section 3727 of title 31,
United States Code. Such right to claim payment as a
successor shall be effective as if the right were
included in section 505 of the Trade and Development
Act of 2000.
(5) Extension of wool research, development, and
promotion trust fund.--Section 506(f) of the Trade and
Development Act of 2000 (Public Law 106-200; 114 Stat.
303), as amended by section 5102(c)(2) of the Trade Act
of 2002 (116 Stat. 1047), is amended by striking
``2006'' and inserting ``2008''.
(6) Commerce authority to promote domestic
employment.--
(A) Grants to manufacturers of worsted wool
fabrics.--The Secretary of Commerce shall
provide to--
(i) persons who were, during calendar
years 1999, 2000, and 2001,
manufacturers of worsted wool fabric of
the kind described in heading
9902.51.12 of the Harmonized Tariff
Schedule of the United States (as in
effect on the day before the date of
the enactment of this Act), and
(ii) persons who were, during such
calendar years, manufacturers of
worsted wool fabric of the kind
described in heading 9902.51.11 of the
Harmonized Tariff Schedule of the
United States,
grants in each of calendar years 2005 through
2007 in the amounts determined under
subparagraph (B).
(B) Amounts.--(i) The total amount of grants
to manufacturers under subparagraph (A)(i)
shall be $2,666,000 each calendar year,
allocated among such manufacturers on the basis
of the percentage of each manufacturer's
production of the fabric described in heading
9902.51.12 of the Harmonized Tariff Schedule of
the United States (as in effect on the day
before the date of the enactment of this Act)
for calendar years 1999, 2000, and 2001,
compared to the production of such fabric by
all such manufacturers who qualify under
subparagraph (A)(i) for such grants.
(ii) The total amount of grants to
manufacturers under subparagraph (A)(ii) shall
be $2,666,000 each calendar year, allocated
among such manufacturers on the basis of the
percentage of each manufacturer's production of
the fabric described in heading 9902.51.11 of
the Harmonized Tariff Schedule of the United
States for calendar years 1999, 2000, and 2001,
compared to the production of such fabric by
all manufacturers who qualify under
subparagraph (A)(ii) for such grants.
(iii) Any grant awarded by the Secretary
under this paragraph shall be final and not
subject to appeal or protest.
(d) * * *
* * * * * * *
(4) Trade Act of 2002
Partial text of Public Law 107-210 [H.R. 3009], 116 Stat. 933, approved
May 6, 2002; as amended by Public Law 108-429 [Miscellaneous Trade and
Technical Corrections Act of 2004; H.R. 1047], 118 Stat. 2434, approved
December 3, 2004
AN ACT To extend the Andean Trade Preference Act, to grant additional
trade benefits under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Act of 2002''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 5 divisions as
follows:
(1) Division a.--Trade Adjustment Assistance.
(2) Division b.--Bipartisan Trade Promotion
Authority.
(3) Division c.--Andean Trade Preference Act.
(4) Division d.--Extension of Certain Preferential
Trade Treatment and Other Provisions.
(5) Division e.--Miscellaneous Provisions.
* * * * * * *
DIVISION A--TRADE ADJUSTMENT ASSISTANCE
SEC. 101.\1\ SHORT TITLE.
This division may be cited as the ``Trade Adjustment
Assistance Reform Act of 2002''.
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\1\ 19 U.S.C. 2101 note.
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TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM
Note.--Title I consists primarily of amendments to
the Trade Act of 1974 (19 U.S.C. 2101) found in this
volume, and have been incorporated at the appropriate
points.
* * * * * * *
TITLE II--CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS
* * * * * * *
TITLE III--CUSTOMS REAUTHORIZATION
SEC. 301.\2\ SHORT TITLE.
This Act may be cited as the ``Customs Border Security Act of
2002''.
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\2\ 19 U.S.C. 1654 note.
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* * * * * * *
CHAPTER 5--TEXTILE TRANSSHIPMENT PROVISIONS
* * * * * * *
SEC. 353. IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT.
Of the amount made available for fiscal year 2003 under
section 301(b)(2)(A) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as
amended by section 311(b)(1) of this Act, 1,317,000 shall be
available until expended for the Customs Service to provide
technical assistance to help sub-Saharan African countries
develop and implement effective visa and anti-transshipment
systems as required by the African Growth and Opportunity Act
(title I of Public Law 106-200), as follows:
(1) Travel funds.--$600,000 for import specialists,
special agents, and other qualified Customs personnel
to travel to sub-Saharan African countries to provide
technical assistance in developing and implementing
effective visa and anti-transshipment systems.
(2) Import specialists.--$266,000 for 4 import
specialists to be assigned to Customs headquarters to
be dedicated to providing technical assistance to sub-
Saharan African countries for developing and
implementing effective visa and anti-transshipment
systems.
(3) Data reconciliation analysts.--$151,000 for 2
data reconciliation analysts to review apparel
shipments.
(4) Special agents.--$300,000 for 2 special agents to
be assigned to Customs headquarters to be available to
provide technical assistance to sub-Saharan African
countries in the performance of investigations and
other enforcement initiatives.
* * * * * * *
DIVISION B--BIPARTISAN TRADE PROMOTION AUTHORITY
TITLE XXI--TRADE PROMOTION AUTHORITY
SEC. 2101.\3\ SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the ``Bipartisan
Trade Promotion Authority Act of 2002''.
---------------------------------------------------------------------------
\3\ 19 U.S.C. 3801.
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(b) Findings.--The Congress makes the following findings:
(1) The expansion of international trade is vital to
the national security of the United States. Trade is
critical to the economic growth and strength of the
United States and to its leadership in the world.
Stable trading relationships promote security and
prosperity. Trade agreements today serve the same
purposes that security pacts played during the Cold
War, binding nations together through a series of
mutual rights and obligations. Leadership by the United
States in international trade fosters open markets,
democracy, and peace throughout the world.
(2) The national security of the United States
depends on its economic security, which in turn is
founded upon a vibrant and growing industrial base.
Trade expansion has been the engine of economic growth.
Trade agreements maximize opportunities for the
critical sectors and building blocks of the economy of
the United States, such as information technology,
telecommunications and other leading technologies,
basic industries, capital equipment, medical equipment,
services, agriculture, environmental technology, and
intellectual property. Trade will create new
opportunities for the United States and preserve the
unparalleled strength of the United States in economic,
political, and military affairs. The United States,
secured by expanding trade and economic opportunities,
will meet the challenges of the twenty-first century.
(3) Support for continued trade expansion requires
that dispute settlement procedures under international
trade agreements not add to or diminish the rights and
obligations provided in such agreements. Therefore--
(A) the recent pattern of decisions by
dispute settlement panels of the WTO and the
Appellate Body to impose obligations and
restrictions on the use of antidumping,
countervailing, and safeguard measures by WTO
members under the Antidumping Agreement, the
Agreement on Subsidies and Countervailing
Measures, and the Agreement on Safeguards has
raised concerns; and
(B) the Congress is concerned that dispute
settlement panels of the WTO and the Appellate
Body appropriately apply the standard of review
contained in Article 17.6 of the Antidumping
Agreement, to provide deference to a
permissible interpretation by a WTO member of
provisions of that Agreement, and to the
evaluation by a WTO member of the facts where
that evaluation is unbiased and objective and
the establishment of the facts is proper.
SEC. 2102.\4\ TRADE NEGOTIATING OBJECTIVES.
(a) Overall Trade Negotiating Objectives.--The overall trade
negotiating objectives of the United States for agreements
subject to the provisions of section 2103 are--
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\4\ 19 U.S.C. 3802.
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(1) to obtain more open, equitable, and reciprocal
market access;
(2) to obtain the reduction or elimination of
barriers and distortions that are directly related to
trade and that decrease market opportunities for United
States exports or otherwise distort United States
trade;
(3) to further strengthen the system of international
trading disciplines and procedures, including dispute
settlement;
(4) to foster economic growth, raise living
standards, and promote full employment in the United
States and to enhance the global economy;
(5) to ensure that trade and environmental policies
are mutually supportive and to seek to protect and
preserve the environment and enhance the international
means of doing so, while optimizing the use of the
world's resources;
(6) to promote respect for worker rights and the
rights of children consistent with core labor standards
of the ILO (as defined in section 2113(6)) and an
understanding of the relationship between trade and
worker rights;
(7) to seek provisions in trade agreements under
which parties to those agreements strive to ensure that
they do not weaken or reduce the protections afforded
in domestic environmental and labor laws as an
encouragement for trade;
(8) to ensure that trade agreements afford small
businesses equal access to international markets,
equitable trade benefits, and expanded export market
opportunities, and provide for the reduction or
elimination of trade barriers that disproportionately
impact small businesses; and
(9) to promote universal ratification and full
compliance with ILO Convention No. 182 Concerning the
Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labor.
(b) Principal Trade Negotiating Objectives.--
(1) Trade barriers and distortions.--The principal
negotiating objectives of the United States regarding
trade barriers and other trade distortions are--
(A) to expand competitive market
opportunities for United States exports and to
obtain fairer and more open conditions of trade
by reducing or eliminating tariff and nontariff
barriers and policies and practices of foreign
governments directly related to trade that
decrease market opportunities for United States
exports or otherwise distort United States
trade; and
(B) to obtain reciprocal tariff and nontariff
barrier elimination agreements, with particular
attention to those tariff categories covered in
section 111(b) of the Uruguay Round Agreements
Act (19 U.S.C. 3521(b)).
(2) Trade in services.--The principal negotiating
objective of the United States regarding trade in
services is to reduce or eliminate barriers to
international trade in services, including regulatory
and other barriers that deny national treatment and
market access or unreasonably restrict the
establishment or operations of service suppliers.
(3) Foreign investment.--Recognizing that United
States law on the whole provides a high level of
protection for investment, consistent with or greater
than the level required by international law, the
principal negotiating objectives of the United States
regarding foreign investment are to reduce or eliminate
artificial or trade-distorting barriers to foreign
investment, while ensuring that foreign investors in
the United States are not accorded greater substantive
rights with respect to investment protections than
United States investors in the United States, and to
secure for investors important rights comparable to
those that would be available under United States legal
principles and practice, by--
(A) reducing or eliminating exceptions to the
principle of national treatment;
(B) freeing the transfer of funds relating to
investments;
(C) reducing or eliminating performance
requirements, forced technology transfers, and
other unreasonable barriers to the
establishment and operation of investments;
(D) seeking to establish standards for
expropriation and compensation for
expropriation, consistent with United States
legal principles and practice;
(E) seeking to establish standards for fair
and equitable treatment consistent with United
States legal principles and practice, including
the principle of due process;
(F) providing meaningful procedures for
resolving investment disputes;
(G) seeking to improve mechanisms used to
resolve disputes between an investor and a
government through--
(i) mechanisms to eliminate frivolous
claims and to deter the filing of
frivolous claims;
(ii) procedures to ensure the
efficient selection of arbitrators and
the expeditious disposition of claims;
(iii) procedures to enhance
opportunities for public input into the
formulation of government positions;
and
(iv) providing for an appellate body
or similar mechanism to provide
coherence to the interpretations of
investment provisions in trade
agreements; and
(H) ensuring the fullest measure of
transparency in the dispute settlement
mechanism, to the extent consistent with the
need to protect information that is classified
or business confidential, by--
(i) ensuring that all requests for
dispute settlement are promptly made
public;
(ii) ensuring that--
(I) all proceedings,
submissions, findings, and
decisions are promptly made
public; and
(II) all hearings are open to
the public; and
(iii) establishing a mechanism for
acceptance of amicus curiae submissions
from businesses, unions, and
nongovernmental organizations.
(4) Intellectual property.--The principal negotiating
objectives of the United States regarding trade-related
intellectual property are--
(A) to further promote adequate and effective
protection of intellectual property rights,
including through--
(i)(I) ensuring accelerated and full
implementation of the Agreement on
Trade-Related Aspects of Intellectual
Property Rights referred to in section
101(d)(15) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(15)),
particularly with respect to meeting
enforcement obligations under that
agreement; and
(II) ensuring that the provisions of
any multilateral or bilateral trade
agreement governing intellectual
property rights that is entered into by
the United States reflect a standard of
protection similar to that found in
United States law;
(ii) providing strong protection for
new and emerging technologies and new
methods of transmitting and
distributing products embodying
intellectual property;
(iii) preventing or eliminating
discrimination with respect to matters
affecting the availability,
acquisition, scope, maintenance, use,
and enforcement of intellectual
property rights;
(iv) ensuring that standards of
protection and enforcement keep pace
with technological developments, and in
particular ensuring that rightholders
have the legal and technological means
to control the use of their works
through the Internet and other global
communication media, and to prevent the
unauthorized use of their works; and
(v) providing strong enforcement of
intellectual property rights, including
through accessible, expeditious, and
effective civil, administrative, and
criminal enforcement mechanisms;
(B) to secure fair, equitable, and
nondiscriminatory market access opportunities
for United States persons that rely upon
intellectual property protection; and
(C) to respect the Declaration on the TRIPS
Agreement and Public Health, adopted by the
World Trade Organization at the Fourth
Ministerial Conference at Doha, Qatar on
November 14, 2001.
(5) Transparency.--The principal negotiating
objective of the United States with respect to
transparency is to obtain wider and broader application
of the principle of transparency through--
(A) increased and more timely public access
to information regarding trade issues and the
activities of international trade institutions;
(B) increased openness at the WTO and other
international trade fora by increasing public
access to appropriate meetings, proceedings,
and submissions, including with regard to
dispute settlement and investment; and
(C) increased and more timely public access
to all notifications and supporting
documentation submitted by parties to the WTO.
(6) Anti-corruption.--The principal negotiating
objectives of the United States with respect to the use
of money or other things of value to influence acts,
decisions, or omissions of foreign governments or
officials or to secure any improper advantage in a
manner affecting trade are--
(A) to obtain high standards and appropriate
domestic enforcement mechanisms applicable to
persons from all countries participating in the
applicable trade agreement that prohibit such
attempts to influence acts, decisions, or
omissions of foreign governments; and
(B) to ensure that such standards do not
place United States persons at a competitive
disadvantage in international trade.
(7) Improvement of the wto and multilateral trade
agreements.--The principal negotiating objectives of
the United States regarding the improvement of the
World Trade Organization, the Uruguay Round Agreements,
and other multilateral and bilateral trade agreements
are--
(A) to achieve full implementation and extend
the coverage of the World Trade Organization
and such agreements to products, sectors, and
conditions of trade not adequately covered; and
(B) to expand country participation in and
enhancement of the Information Technology
Agreement and other trade agreements.
(8) Regulatory practices.--The principal negotiating
objectives of the United States regarding the use of
government regulation or other practices by foreign
governments to provide a competitive advantage to their
domestic producers, service providers, or investors and
thereby reduce market access for United States goods,
services, and investments are--
(A) to achieve increased transparency and
opportunity for the participation of affected
parties in the development of regulations;
(B) to require that proposed regulations be
based on sound science, cost-benefit analysis,
risk assessment, or other objective evidence;
(C) to establish consultative mechanisms
among parties to trade agreements to promote
increased transparency in developing
guidelines, rules, regulations, and laws for
government procurement and other regulatory
regimes; and
(D) to achieve the elimination of government
measures such as price controls and reference
pricing which deny full market access for
United States products.
(9) Electronic commerce.--The principal negotiating
objectives of the United States with respect to
electronic commerce are--
(A) to ensure that current obligations,
rules, disciplines, and commitments under the
World Trade Organization apply to electronic
commerce;
(B) to ensure that--
(i) electronically delivered goods
and services receive no less favorable
treatment under trade rules and
commitments than like products
delivered in physical form; and
(ii) the classification of such goods
and services ensures the most liberal
trade treatment possible;
(C) to ensure that governments refrain from
implementing trade-related measures that impede
electronic commerce;
(D) where legitimate policy objectives
require domestic regulations that affect
electronic commerce, to obtain commitments that
any such regulations are the least restrictive
on trade, nondiscriminatory, and transparent,
and promote an open market environment; and
(E) to extend the moratorium of the World
Trade Organization on duties on electronic
transmissions.
(10) Reciprocal trade in agriculture.--(A) The
principal negotiating objective of the United States
with respect to agriculture is to obtain competitive
opportunities for United States exports of agricultural
commodities in foreign markets substantially equivalent
to the competitive opportunities afforded foreign
exports in United States markets and to achieve fairer
and more open conditions of trade in bulk, specialty
crop, and value-added commodities by--
(i) reducing or eliminating, by a date
certain, tariffs or other charges that decrease
market opportunities for United States
exports--
(I) giving priority to those products
that are subject to significantly
higher tariffs or subsidy regimes of
major producing countries; and
(II) providing reasonable adjustment
periods for United States import-
sensitive products, in close
consultation with the Congress on such
products before initiating tariff
reduction negotiations;
(ii) reducing tariffs to levels that are the
same as or lower than those in the United
States;
(iii) reducing or eliminating subsidies that
decrease market opportunities for United States
exports or unfairly distort agriculture markets
to the detriment of the United States;
(iv) allowing the preservation of programs
that support family farms and rural communities
but do not distort trade;
(v) developing disciplines for domestic
support programs, so that production that is in
excess of domestic food security needs is sold
at world prices;
(vi) eliminating government policies that
create price-depressing surpluses;
(vii) eliminating state trading enterprises
whenever possible;
(viii) developing, strengthening, and
clarifying rules and effective dispute
settlement mechanisms to eliminate practices
that unfairly decrease United States market
access opportunities or distort agricultural
markets to the detriment of the United States,
particularly with respect to import-sensitive
products, including--
(I) unfair or trade-distorting
activities of state trading enterprises
and other administrative mechanisms,
with emphasis on requiring price
transparency in the operation of state
trading enterprises and such other
mechanisms in order to end cross
subsidization, price discrimination,
and price undercutting;
(II) unjustified trade restrictions
or commercial requirements, such as
labeling, that affect new technologies,
including biotechnology;
(III) unjustified sanitary or
phytosanitary restrictions, including
those not based on scientific
principles in contravention of the
Uruguay Round Agreements;
(IV) other unjustified technical
barriers to trade; and
(V) restrictive rules in the
administration of tariff rate quotas;
(ix) eliminating practices that adversely
affect trade in perishable or cyclical
products, while improving import relief
mechanisms to recognize the unique
characteristics of perishable and cyclical
agriculture;
(x) ensuring that import relief mechanisms
for perishable and cyclical agriculture are as
accessible and timely to growers in the United
States as those mechanisms that are used by
other countries;
(xi) taking into account whether a party to
the negotiations has failed to adhere to the
provisions of already existing trade agreements
with the United States or has circumvented
obligations under those agreements;
(xii) taking into account whether a product
is subject to market distortions by reason of a
failure of a major producing country to adhere
to the provisions of already existing trade
agreements with the United States or by the
circumvention by that country of its
obligations under those agreements;
(xiii) otherwise ensuring that countries that
accede to the World Trade Organization have
made meaningful market liberalization
commitments in agriculture;
(xiv) taking into account the impact that
agreements covering agriculture to which the
United States is a party, including the North
American Free Trade Agreement, have on the
United States agricultural industry;
(xv) maintaining bona fide food assistance
programs and preserving United States market
development and export credit programs; and
(xvi) striving to complete a general
multilateral round in the World Trade
Organization by January 1, 2005, and seeking
the broadest market access possible in
multilateral, regional, and bilateral
negotiations, recognizing the effect that
simultaneous sets of negotiations may have on
United States import-sensitive commodities
(including those subject to tariff-rate
quotas).
(B)(i) Before commencing negotiations with respect to
agriculture, the United States Trade Representative, in
consultation with the Congress, shall seek to develop a
position on the treatment of seasonal and perishable
agricultural products to be employed in the
negotiations in order to develop an international
consensus on the treatment of seasonal or perishable
agricultural products in investigations relating to
dumping and safeguards and in any other relevant area.
(ii) During any negotiations on agricultural
subsidies, the United States Trade Representative shall
seek to establish the common base year for calculating
the Aggregated Measurement of Support (as defined in
the Agreement on Agriculture) as the end of each
country's Uruguay Round implementation period, as
reported in each country's Uruguay Round market access
schedule.
(iii) The negotiating objective provided in
subparagraph (A) applies with respect to agricultural
matters to be addressed in any trade agreement entered
into under section 2103(a) or (b), including any trade
agreement entered into under section 2103(a) or (b)
that provides for accession to a trade agreement to
which the United States is already a party, such as the
North American Free Trade Agreement and the United
States-Canada Free Trade Agreement.
(11) Labor and the environment.--The principal
negotiating objectives of the United States with
respect to labor and the environment are--
(A) to ensure that a party to a trade
agreement with the United States does not fail
to effectively enforce its environmental or
labor laws, through a sustained or recurring
course of action or inaction, in a manner
affecting trade between the United States and
that party after entry into force of a trade
agreement between those countries;
(B) to recognize that parties to a trade
agreement retain the right to exercise
discretion with respect to investigatory,
prosecutorial, regulatory, and compliance
matters and to make decisions regarding the
allocation of resources to enforcement with
respect to other labor or environmental matters
determined to have higher priorities, and to
recognize that a country is effectively
enforcing its laws if a course of action or
inaction reflects a reasonable exercise of such
discretion, or results from a bona fide
decision regarding the allocation of resources,
and no retaliation may be authorized based on
the exercise of these rights or the right to
establish domestic labor standards and levels
of environmental protection;
(C) to strengthen the capacity of United
States trading partners to promote respect for
core labor standards (as defined in section
2113(6));
(D) to strengthen the capacity of United
States trading partners to protect the
environment through the promotion of
sustainable development;
(E) to reduce or eliminate government
practices or policies that unduly threaten
sustainable development;
(F) to seek market access, through the
elimination of tariffs and nontariff barriers,
for United States environmental technologies,
goods, and services; and
(G) to ensure that labor, environmental,
health, or safety policies and practices of the
parties to trade agreements with the United
States do not arbitrarily or unjustifiably
discriminate against United States exports or
serve as disguised barriers to trade.
(12) Dispute settlement and enforcement.--The
principal negotiating objectives of the United States
with respect to dispute settlement and enforcement of
trade agreements are--
(A) to seek provisions in trade agreements
providing for resolution of disputes between
governments under those trade agreements in an
effective, timely, transparent, equitable, and
reasoned manner, requiring determinations based
on facts and the principles of the agreements,
with the goal of increasing compliance with the
agreements;
(B) to seek to strengthen the capacity of the
Trade Policy Review Mechanism of the World
Trade Organization to review compliance with
commitments;
(C) to seek adherence by panels convened
under the Dispute Settlement Understanding and
by the Appellate Body to the standard of review
applicable under the Uruguay Round Agreement
involved in the dispute, including greater
deference, where appropriate, to the fact-
finding and technical expertise of national
investigating authorities;
(D) to seek provisions encouraging the early
identification and settlement of disputes
through consultation;
(E) to seek provisions to encourage the
provision of trade-expanding compensation if a
party to a dispute under the agreement does not
come into compliance with its obligations under
the agreement;
(F) to seek provisions to impose a penalty
upon a party to a dispute under the agreement
that--
(i) encourages compliance with the
obligations of the agreement;
(ii) is appropriate to the parties,
nature, subject matter, and scope of
the violation; and
(iii) has the aim of not adversely
affecting parties or interests not
party to the dispute while maintaining
the effectiveness of the enforcement
mechanism; and
(G) to seek provisions that treat United
States principal negotiating objectives equally
with respect to--
(i) the ability to resort to dispute
settlement under the applicable
agreement;
(ii) the availability of equivalent
dispute settlement procedures; and
(iii) the availability of equivalent
remedies.
(13) WTO extended negotiations.--The principal
negotiating objectives of the United States regarding
trade in civil aircraft are those set forth in section
135(c) of the Uruguay Round Agreements Act (19 U.S.C.
3355(c)) and regarding rules of origin are the
conclusion of an agreement described in section 132 of
that Act (19 U.S.C. 3552).
(14) Trade remedy laws.--The principal negotiating
objectives of the United States with respect to trade
remedy laws are--
(A) to preserve the ability of the United
States to enforce rigorously its trade laws,
including the antidumping, countervailing duty,
and safeguard laws, and avoid agreements that
lessen the effectiveness of domestic and
international disciplines on unfair trade,
especially dumping and subsidies, or that
lessen the effectiveness of domestic and
international safeguard provisions, in order to
ensure that United States workers, agricultural
producers, and firms can compete fully on fair
terms and enjoy the benefits of reciprocal
trade concessions; and
(B) to address and remedy market distortions
that lead to dumping and subsidization,
including overcapacity, cartelization, and
market-access barriers.
(15) Border taxes.--The principal negotiating
objective of the United States regarding border taxes
is to obtain a revision of the WTO rules with respect
to the treatment of border adjustments for internal
taxes to redress the disadvantage to countries relying
primarily on direct taxes for revenue rather than
indirect taxes.
(16) Textile negotiations.--The principal negotiating
objectives of the United States with respect to trade
in textiles and apparel articles are to obtain
competitive opportunities for United States exports of
textiles and apparel in foreign markets substantially
equivalent to the competitive opportunities afforded
foreign exports in United States markets and to achieve
fairer and more open conditions of trade in textiles
and apparel.
(17) Worst forms of child labor.--The principal
negotiating objective of the United States with respect
to the trade-related aspects of the worst forms of
child labor are to seek commitments by parties to trade
agreements to vigorously enforce their own laws
prohibiting the worst forms of child labor.
(c) Promotion of Certain Priorities.--In order to address and
maintain United States competitiveness in the global economy,
the President shall--
(1) seek greater cooperation between the WTO and the
ILO;
(2) seek to establish consultative mechanisms among
parties to trade agreements to strengthen the capacity
of United States trading partners to promote respect
for core labor standards (as defined in section
2113(6)) and to promote compliance with ILO Convention
No. 182 Concerning the Prohibition and Immediate Action
for the Elimination of the Worst Forms of Child Labor,
and report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate on the content and operation of such
mechanisms;
(3) seek to establish consultative mechanisms among
parties to trade agreements to strengthen the capacity
of United States trading partners to develop and
implement standards for the protection of the
environment and human health based on sound science,
and report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate on the content and operation of such
mechanisms;
(4) conduct environmental reviews of future trade and
investment agreements, consistent with Executive Order
13141 of November 16, 1999, and its relevant
guidelines, and report to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate on such reviews;
(5) review the impact of future trade agreements on
United States employment, including labor markets,
modeled after Executive Order 13141 to the extent
appropriate in establishing procedures and criteria,
report to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the
Senate on such review, and make that report available
to the public;
(6) take into account other legitimate United States
domestic objectives including, but not limited to, the
protection of legitimate health or safety, essential
security, and consumer interests and the law and
regulations related thereto;
(7) direct the Secretary of Labor to consult with any
country seeking a trade agreement with the United
States concerning that country's labor laws and provide
technical assistance to that country if needed;
(8) in connection with any trade negotiations entered
into under this title,\5\ submit to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a meaningful labor
rights report of the country, or countries, with
respect to which the President is negotiating, on a
time frame determined in accordance with section
2107(b)(2)(E);
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\5\ Sec. 2004(a)(16)(A) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
``this Act'' and inserted in lieu thereof ``this title''.
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(9) with respect to any trade agreement which the
President seeks to implement under trade authorities
procedures, submit to the Congress a report describing
the extent to which the country or countries that are
parties to the agreement have in effect laws governing
exploitative child labor;
(10) continue to promote consideration of
multilateral environmental agreements and consult with
parties to such agreements regarding the consistency of
any such agreement that includes trade measures with
existing environmental exceptions under Article XX of
the GATT 1994;
(11) report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate, not later than 12 months after the
imposition of a penalty or remedy by the United States
permitted by a trade agreement to which this title
applies, on the effectiveness of the penalty or remedy
applied under United States law in enforcing United
States rights under the trade agreement; and
(12) seek to establish consultative mechanisms among
parties to trade agreements to examine the trade
consequences of significant and unanticipated currency
movements and to scrutinize whether a foreign
government is engaged \6\ in a pattern of manipulating
its currency to promote a competitive advantage in
international trade.
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\6\ Sec. 2004(a)(16)(B) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
``government engaged'' and inserted in lieu thereof ``government is
engaged''.
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The report under paragraph (11) shall address whether the
penalty or remedy was effective in changing the behavior of the
targeted party and whether the penalty or remedy had any
adverse impact on parties or interests not party to the
dispute.
(d) Consultations.--
(1) Consultations with congressional advisers.--In
the course of negotiations conducted under this title,
the United States Trade Representative shall consult
closely and on a timely basis with, and keep fully
apprised of the negotiations, the Congressional
Oversight Group convened under section 2107 and all
committees of the House of Representatives and the
Senate with jurisdiction over laws that would be
affected by a trade agreement resulting from the
negotiations.
(2) Consultation before agreement initialed.--In the
course of negotiations conducted under this title, the
United States Trade Representative shall--
(A) consult closely and on a timely basis
(including immediately before initialing an
agreement) with, and keep fully apprised of the
negotiations, the congressional advisers for
trade policy and negotiations appointed under
section 161 of the Trade Act of 1974 (19 U.S.C.
2211), the Committee on Ways and Means of the
House of Representatives, the Committee on
Finance of the Senate, and the Congressional
Oversight Group convened under section 2107;
and
(B) with regard to any negotiations and
agreement relating to agricultural trade, also
consult closely and on a timely basis
(including immediately before initialing an
agreement) with, and keep fully apprised of the
negotiations, the Committee on Agriculture of
the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the
Senate.
(e) Adherence to Obligations Under Uruguay Round
Agreements.--In determining whether to enter into negotiations
with a particular country, the President shall take into
account the extent to which that country has implemented, or
has accelerated the implementation of, its obligations under
the Uruguay Round Agreements.
SEC. 2103.\7\ TRADE AGREEMENTS AUTHORITY.
(a) Agreements Regarding Tariff Barriers.--
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\7\ 19 U.S.C. 3803.
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(1) In general.--Whenever the President determines
that one or more existing duties or other import
restrictions of any foreign country or the United
States are unduly burdening and restricting the foreign
trade of the United States and that the purposes,
policies, priorities, and objectives of this title will
be promoted thereby, the President--
(A) may enter into trade agreements with
foreign countries before--
(i) July 1, 2005; \8\ or
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\8\ Sec. 2004(a)(17) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
``June 1'' and inserted in lieu thereof ``July 1''.
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(ii) July 1, 2007,\8\ if trade
authorities procedures are extended
under subsection (c); and
(B) may, subject to paragraphs (2) and (3),
proclaim--
(i) such modification or continuance
of any existing duty,
(ii) such continuance of existing
duty-free or excise treatment, or
(iii) such additional duties,
as the President determines to be required or
appropriate to carry out any such trade
agreement.
The President shall notify the Congress of the
President's intention to enter into an agreement under
this subsection.
(2) Limitations.--No proclamation may be made under
paragraph (1) that--
(A) reduces any rate of duty (other than a
rate of duty that does not exceed 5 percent ad
valorem on the date of the enactment of this
Act) to a rate of duty which is less than 50
percent of the rate of such duty that applies
on such date of enactment;
(B) reduces the rate of duty below that
applicable under the Uruguay Round Agreements,
on any import sensitive agricultural product;
or
(C) increases any rate of duty above the rate
that applied on the date of the enactment of
this Act.
(3) Aggregate reduction; exemption from staging.--
(A) Aggregate reduction.--Except as provided
in subparagraph (B), the aggregate reduction in
the rate of duty on any article which is in
effect on any day pursuant to a trade agreement
entered into under paragraph (1) shall not
exceed the aggregate reduction which would have
been in effect on such day if--
(i) a reduction of 3 percent ad
valorem or a reduction of one-tenth of
the total reduction, whichever is
greater, had taken effect on the
effective date of the first reduction
proclaimed under paragraph (1) to carry
out such agreement with respect to such
article; and
(ii) a reduction equal to the amount
applicable under clause (i) had taken
effect at 1-year intervals after the
effective date of such first reduction.
(B) Exemption from staging.--No staging is
required under subparagraph (A) with respect to
a duty reduction that is proclaimed under
paragraph (1) for an article of a kind that is
not produced in the United States. The United
States International Trade Commission shall
advise the President of the identity of
articles that may be exempted from staging
under this subparagraph.
(4) Rounding.--If the President determines that such
action will simplify the computation of reductions
under paragraph (3), the President may round an annual
reduction by an amount equal to the lesser of--
(A) the difference between the reduction
without regard to this paragraph and the next
lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) Other limitations.--A rate of duty reduction that
may not be proclaimed by reason of paragraph (2) may
take effect only if a provision authorizing such
reduction is included within an implementing bill
provided for under section 2105 and that bill is
enacted into law.
(6) Other tariff modifications.--Notwithstanding
paragraphs (1)(B), (2)(A), (2)(C), and (3) through (5),
and subject to the consultation and layover
requirements of section 115 of the Uruguay Round
Agreements Act, the President may proclaim the
modification of any duty or staged rate reduction of
any duty set forth in Schedule XX, as defined in
section 2(5) of that Act, if the United States agrees
to such modification or staged rate reduction in a
negotiation for the reciprocal elimination or
harmonization of duties under the auspices of the World
Trade Organization.
(7) Authority under uruguay round agreements act not
affected.--Nothing in this subsection shall limit the
authority provided to the President under section
111(b) of the Uruguay Round Agreements Act (19 U.S.C.
3521(b)).
(b) Agreements Regarding Tariff and Nontariff Barriers.--
(1) In general.--(A) Whenever the President
determines that--
(i) one or more existing duties or any other
import restriction of any foreign country or
the United States or any other barrier to, or
other distortion of, international trade unduly
burdens or restricts the foreign trade of the
United States or adversely affects the United
States economy, or
(ii) the imposition of any such barrier or
distortion is likely to result in such a
burden, restriction, or effect,
and that the purposes, policies, priorities, and
objectives of this title will be promoted thereby, the
President may enter into a trade agreement described in
subparagraph (B) during the period described in
subparagraph (C).
(B) The President may enter into a trade agreement
under subparagraph (A) with foreign countries providing
for--
(i) the reduction or elimination of a duty,
restriction, barrier, or other distortion
described in subparagraph (A); or
(ii) the prohibition of, or limitation on the
imposition of, such barrier or other
distortion.
(C) The President may enter into a trade agreement
under this paragraph before--
(i) July 1, 2005; \8\ or
(ii) July 1, 2007,\8\ if trade authorities
procedures are extended under subsection (c).
(2) Conditions.--A trade agreement may be entered
into under this subsection only if such agreement makes
progress in meeting the applicable objectives described
in section 2102(a) and (b) and the President satisfies
the conditions set forth in section 2104.
(3) Bills qualifying for trade authorities
procedures.--(A) The provisions of section 151 of the
Trade Act of 1974 (in this title referred to as ``trade
authorities procedures'') apply to a bill of either
House of Congress which contains provisions described
in subparagraph (B) to the same extent as such section
151 applies to implementing bills under that section. A
bill to which this paragraph applies shall hereafter in
this title be referred to as an ``implementing bill''.
(B) The provisions referred to in subparagraph (A)
are--
(i) a provision approving a trade agreement
entered into under this subsection and
approving the statement of administrative
action, if any, proposed to implement such
trade agreement; and
(ii) if changes in existing laws or new
statutory authority are required to implement
such trade agreement or agreements, provisions,
necessary or appropriate to implement such
trade agreement or agreements, either repealing
or amending existing laws or providing new
statutory authority.
(c) Extension Disapproval Process for Congressional Trade
Authorities Procedures.--
(1) In general.--Except as provided in section
2105(b)--
(A) the trade authorities procedures apply to
implementing bills submitted with respect to
trade agreements entered into under subsection
(b) before July 1, 2005; and
(B) the trade authorities procedures shall be
extended to implementing bills submitted with
respect to trade agreements entered into under
subsection (b) after June 30, 2005, and before
July 1, 2007, if (and only if)--
(i) the President requests such
extension under paragraph (2); and
(ii) neither House of the Congress
adopts an extension disapproval
resolution under paragraph (5) before
July 1, 2005.\8\
(2) Report to congress by the president.--If the
President is of the opinion that the trade authorities
procedures should be extended to implementing bills
described in paragraph (1)(B), the President shall
submit to the Congress, not later than April 1,
2005,\9\ a written report that contains a request for
such extension, together with--
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\9\ Sec. 2004(a)(17)(C)(ii) of the Miscellaneous Trade and
Technical Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591)
struck out ``March 1'' and inserted in lieu thereof ``April 1''.
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(A) a description of all trade agreements
that have been negotiated under subsection (b)
and the anticipated schedule for submitting
such agreements to the Congress for approval;
(B) a description of the progress that has
been made in negotiations to achieve the
purposes, policies, priorities, and objectives
of this title, and a statement that such
progress justifies the continuation of
negotiations; and
(C) a statement of the reasons why the
extension is needed to complete the
negotiations.
(3) Other reports to congress.--
(A) Report by the advisory committee.--The
President shall promptly inform the Advisory
Committee for Trade Policy and Negotiations
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155) of the President's
decision to submit a report to the Congress
under paragraph (2). The Advisory Committee
shall submit to the Congress as soon as
practicable, but not later than June 1,
2005,\10\ a written report that contains--
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\10\ Sec. 2004(a)(17)(C)(iii) of the Miscellaneous Trade and
Technical Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591)
struck out ``May 1'' and inserted in lieu thereof ``June 1''.
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(i) its views regarding the progress
that has been made in negotiations to
achieve the purposes, policies,
priorities, and objectives of this
title; and
(ii) a statement of its views, and
the reasons therefor, regarding whether
the extension requested under paragraph
(2) should be approved or disapproved.
(B) Report by itc.--The President shall
promptly inform the International Trade
Commission of the President's decision to
submit a report to the Congress under paragraph
(2). The International Trade Commission shall
submit to the Congress as soon as practicable,
but not later than June 1, 2005,\10\ a written
report that contains a review and analysis of
the economic impact on the United States of all
trade agreements implemented between the date
of enactment of this Act and the date on which
the President decides to seek an extension
requested under paragraph (2).
(4) Status of reports.--The reports submitted to the
Congress under paragraphs (2) and (3), or any portion
of such reports, may be classified to the extent the
President determines appropriate.
(5) Extension disapproval resolutions.--(A) For
purposes of paragraph (1), the term ``extension
disapproval resolution'' means a resolution of either
House of the Congress, the sole matter after the
resolving clause of which is as follows: ``That the __
disapproves the request of the President for the
extension, under section 2103(c)(1)(B)(i) of the
Bipartisan Trade Promotion Authority Act of 2002, of
the trade authorities procedures under that Act to any
implementing bill submitted with respect to any trade
agreement entered into under section 2103(b) of that
Act after June 30, 2005.'', with the blank space being
filled with the name of the resolving House of the
Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of the
Congress by any member of such House; and
(ii) shall be referred, in the House of
Representatives, to the Committee on Ways and
Means and, in addition, to the Committee on
Rules.
(C) The provisions of section 152(d) and (e) of the
Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
to the floor consideration of certain resolutions in
the House and Senate) apply to extension disapproval
resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension
disapproval resolution not reported by the
Committee on Finance;
(ii) the House of Representatives to consider
any extension disapproval resolution not
reported by the Committee on Ways and Means
and, in addition, by the Committee on Rules; or
(iii) either House of the Congress to
consider an extension disapproval resolution
after June 30, 2005.
(d) Commencement of Negotiations.--In order to contribute to
the continued economic expansion of the United States, the
President shall commence negotiations covering tariff and
nontariff barriers affecting any industry, product, or service
sector, and expand existing sectoral agreements to countries
that are not parties to those agreements, in cases where the
President determines that such negotiations are feasible and
timely and would benefit the United States. Such sectors
include agriculture, commercial services, intellectual property
rights, industrial and capital goods, government procurement,
information technology products, environmental technology and
services, medical equipment and services, civil aircraft, and
infrastructure products. In so doing, the President shall take
into account all of the principal negotiating objectives set
forth in section 2102(b).
SEC. 2104.\11\ CONSULTATIONS AND ASSESSMENT.
(a) Notice and Consultation Before Negotiation.--The
President, with respect to any agreement that is subject to the
provisions of section 2103(b), shall--
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\11\ 19 U.S.C. 3804.
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(1) provide, at least 90 calendar days before
initiating negotiations, written notice to the Congress
of the President's intention to enter into the
negotiations and set forth therein the date the
President intends to initiate such negotiations, the
specific United States objectives for the negotiations,
and whether the President intends to seek an agreement,
or changes to an existing agreement;
(2) before and after submission of the notice,
consult regarding the negotiations with the Committee
on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives, such other
committees of the House and Senate as the President
deems appropriate, and the Congressional Oversight
group convened under section 2107; and
(3) upon the request of a majority of the members of
the Congressional Oversight Group under section
2107(c), meet with the Congressional Oversight Group
before initiating the negotiations or at any other time
concerning the negotiations.
(b) Negotiations Regarding Agriculture.--
(1) In general.--Before initiating or continuing
negotiations the subject matter of which is directly
related to the subject matter under section
2102(b)(10)(A)(i) with any country, the President shall
assess whether United States tariffs on agricultural
products that were bound under the Uruguay Round
Agreements are lower than the tariffs bound by that
country. In addition, the President shall consider
whether the tariff levels bound and applied throughout
the world with respect to imports from the United
States are higher than United States tariffs and
whether the negotiation provides an opportunity to
address any such disparity. The President shall consult
with the Committee on Ways and Means and the Committee
on Agriculture of the House of Representatives and the
Committee on Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate concerning the
results of the assessment, whether it is appropriate
for the United States to agree to further tariff
reductions based on the conclusions reached in the
assessment, and how all applicable negotiating
objectives will be met.
(2) Special consultations on import sensitive
products.--(A) Before initiating negotiations with
regard to agriculture, and, with respect to the Free
Trade Area for the Americas and negotiations with
regard to agriculture under the auspices of the World
Trade Organization, as soon as practicable after the
enactment of this Act, the United States Trade
Representative shall--
(i) identify those agricultural products
subject to tariff-rate quotas on the date of
enactment of this Act, and agricultural
products subject to tariff reductions by the
United States as a result of the Uruguay Round
Agreements, for which the rate of duty was
reduced on January 1, 1995, to a rate which was
not less than 97.5 percent of the rate of duty
that applied to such article on December 31,
1994;
(ii) consult with the Committee on Ways and
Means and the Committee on Agriculture of the
House of Representatives and the Committee on
Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate
concerning--
(I) whether any further tariff
reductions on the products identified
under clause (i) should be appropriate,
taking into account the impact of any
such tariff reduction on the United
States industry producing the product
concerned;
(II) whether the products so
identified face unjustified sanitary or
phytosanitary restrictions, including
those not based on scientific
principles in contravention of the
Uruguay Round Agreements; and
(III) whether the countries
participating in the negotiations
maintain export subsidies or other
programs, policies, or practices that
distort world trade in such products
and the impact of such programs,
policies, and practices on United
States producers of the products;
(iii) request that the International Trade
Commission prepare an assessment of the
probable economic effects of any such tariff
reduction on the United States industry
producing the product concerned and on the
United States economy as a whole; and
(iv) upon complying with clauses (i), (ii),
and (iii), notify the Committee on Ways and
Means and the Committee on Agriculture of the
House of Representatives and the Committee on
Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate of those
products identified under clause (i) for which
the Trade Representative intends to seek tariff
liberalization in the negotiations and the
reasons for seeking such tariff liberalization.
(B) If, after negotiations described in subparagraph
(A) are commenced--
(i) the United States Trade Representative
identifies any additional agricultural product
described in subparagraph (A)(i) for tariff
reductions which were not the subject of a
notification under subparagraph (A)(iv), or
(ii) any additional agricultural product
described in subparagraph (A)(i) is the subject
of a request for tariff reductions by a party
to the negotiations,
the Trade Representative shall, as soon as practicable,
notify the committees referred to in subparagraph
(A)(iv) of those products and the reasons for seeking
such tariff reductions.
(3) Negotiations regarding the fishing industry.--
Before initiating, or continuing, negotiations which
directly relate to fish or shellfish trade with any
country, the President shall consult with the Committee
on Ways and Means and the Committee on Resources of the
House of Representatives, and the Committee on Finance
and the Committee on Commerce, Science, and
Transportation of the Senate, and shall keep the
Committees apprised of negotiations on an ongoing and
timely basis.
(c) Negotiations Regarding Textiles.--Before initiating or
continuing negotiations the subject matter of which is directly
related to textiles and apparel products with any country, the
President shall assess whether United States tariffs on textile
and apparel products that were bound under the Uruguay Round
Agreements are lower than the tariffs bound by that country and
whether the negotiation provides an opportunity to address any
such disparity. The President shall consult with the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate concerning the results of
the assessment, whether it is appropriate for the United States
to agree to further tariff reductions based on the conclusions
reached in the assessment, and how all applicable negotiating
objectives will be met.
(d) Consultation With Congress Before Agreements Entered
Into.--
(1) Consultation.--Before entering into any trade
agreement under section 2103(b), the President shall
consult with--
(A) the Committee on Ways and Means of the
House of Representatives and the Committee on
Finance of the Senate;
(B) each other committee of the House and the
Senate, and each joint committee of the
Congress, which has jurisdiction over
legislation involving subject matters which
would be affected by the trade agreement; and
(C) the Congressional Oversight Group
convened under section 2107.
(2) Scope.--The consultation described in paragraph
(1) shall include consultation with respect to--
(A) the nature of the agreement;
(B) how and to what extent the agreement will
achieve the applicable purposes, policies,
priorities, and objectives of this title; and
(C) the implementation of the agreement under
section 2105, including the general effect of
the agreement on existing laws.
(3) Report regarding united states trade remedy
laws.--
(A) Changes in certain trade laws.--The
President, at least 180 calendar days before
the day on which the President enters into a
trade agreement under section 2103(b), shall
report to the Committee on Ways and Means of
the House of Representatives and the Committee
on Finance of the Senate--
(i) the range of proposals advanced
in the negotiations with respect to
that agreement, that may be in the
final agreement, and that could require
amendments to title VII of the Tariff
Act of 1930 or to chapter 1 of title II
of the Trade Act of 1974; and
(ii) how these proposals relate to
the objectives described in section
2102(b)(14).
(B) Certain agreements.--With respect to a
trade agreement entered into with Chile or
Singapore, the report referred to in
subparagraph (A) shall be submitted by the
President at least 90 calendar days before the
day on which the President enters into that
agreement.
(C) Resolutions.--(i) At any time after the
transmission of the report under subparagraph
(A), if a resolution is introduced with respect
to that report in either House of Congress, the
procedures set forth in clauses (iii) through
(vi) shall apply to that resolution if--
(I) no other resolution with respect
to that report has previously been
reported in that House of Congress by
the Committee on Ways and Means or the
Committee on Finance, as the case may
be, pursuant to those procedures; and
(II) no procedural disapproval
resolution under section 2105(b)
introduced with respect to a trade
agreement entered into pursuant to the
negotiations to which the report under
subparagraph (A) relates has previously
been reported in that House of Congress
by the Committee on Ways and Means or
the Committee on Finance, as the case
may be.
(ii) For purposes of this subparagraph, the
term ``resolution'' means only a resolution of
either House of Congress, the matter after the
resolving clause of which is as follows: ``That
the __ finds that the proposed changes to
United States trade remedy laws contained in
the report of the President transmitted to the
Congress on __ under section 2104(d)(3) of the
Bipartisan Trade Promotion Authority Act of
2002 with respect to __, are inconsistent with
the negotiating objectives described in section
2102(b)(14) of that Act.'', with the first
blank space being filled with the name of the
resolving House of Congress, the second blank
space being filled with the appropriate date of
the report, and the third blank space being
filled with the name of the country or
countries involved.
(iii) Resolutions in the House of
Representatives--
(I) may be introduced by any Member
of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by either
Committee.
(iv) Resolutions in the Senate--
(I) may be introduced by any Member
of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(iv) It is not in order for the House of
Representatives to consider any resolution that
is not reported by the Committee on Ways and
Means and, in addition, by the Committee on
Rules.
(v) It is not in order for the Senate to
consider any resolution that is not reported by
the Committee on Finance.
(vi) The provisions of section 152(d) and (e)
of the Trade Act of 1974 (19 U.S.C. 2192(d) and
(e)) (relating to floor consideration of
certain resolutions in the House and Senate)
shall apply to resolutions.
(e) Advisory Committee Reports.--The report required under
section 135(e)(1) of the Trade Act of 1974 regarding any trade
agreement entered into under section 2103(a) or (b) of this Act
shall be provided to the President, the Congress, and the
United States Trade Representative not later than 30 days after
the date on which the President notifies the Congress under
section 2103(a)(1) or 2105(a)(1)(A) of the President's
intention to enter into the agreement.
(f) ITC Assessment.--
(1) In general.--The President, at least 90 calendar
days before the day on which the President enters into
a trade agreement under section 2103(b), shall provide
the International Trade Commission (referred to in this
subsection as ``the Commission'') with the details of
the agreement as it exists at that time and request the
Commission to prepare and submit an assessment of the
agreement as described in paragraph (2). Between the
time the President makes the request under this
paragraph and the time the Commission submits the
assessment, the President shall keep the Commission
current with respect to the details of the agreement.
(2) ITC assessment.--Not later than 90 calendar days
after the President enters into the agreement, the
Commission shall submit to the President and the
Congress a report assessing the likely impact of the
agreement on the United States economy as a whole and
on specific industry sectors, including the impact the
agreement will have on the gross domestic product,
exports and imports, aggregate employment and
employment opportunities, the production, employment,
and competitive position of industries likely to be
significantly affected by the agreement, and the
interests of United States consumers.
(3) Review of empirical literature.--In preparing the
assessment, the Commission shall review available
economic assessments regarding the agreement, including
literature regarding any substantially equivalent
proposed agreement, and shall provide in its assessment
a description of the analyses used and conclusions
drawn in such literature, and a discussion of areas of
consensus and divergence between the various analyses
and conclusions, including those of the Commission
regarding the agreement.
SEC. 2105.\12\ IMPLEMENTATION OF TRADE AGREEMENTS.
(a) In General.--
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\12\ 19 U.S.C. 3805.
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(1) Notification and submission.--Any agreement
entered into under section 2103(b) shall enter into
force with respect to the United States if (and only
if)--
(A) the President, at least 90 calendar days
before the day on which the President enters
into the trade agreement, notifies the House of
Representatives and the Senate of the
President's intention to enter into the
agreement, and promptly thereafter publishes
notice of such intention in the Federal
Register;
(B) within 60 days after entering into the
agreement, the President submits to the
Congress a description of those changes to
existing laws that the President considers
would be required in order to bring the United
States into compliance with the agreement;
(C) after entering into the agreement, the
President submits to the Congress, on a day on
which both Houses of Congress are in session, a
copy of the final legal text of the agreement,
together with--
(i) a draft of an implementing bill
described in section 2103(b)(3);
(ii) a statement of any
administrative action proposed to
implement the trade agreement; and
(iii) the supporting information
described in paragraph (2); and
(D) the implementing bill is enacted into
law.
(2) Supporting information.--The supporting
information required under paragraph (1)(C)(iii)
consists of--
(A) an explanation as to how the implementing
bill and proposed administrative action will
change or affect existing law; and
(B) a statement--
(i) asserting that the agreement
makes progress in achieving the
applicable purposes, policies,
priorities, and objectives of this
title; and
(ii) setting forth the reasons of the
President regarding--
(I) how and to what extent
the agreement makes progress in
achieving the applicable
purposes, policies, and
objectives referred to in
clause (i);
(II) whether and how the
agreement changes provisions of
an agreement previously
negotiated;
(III) how the agreement
serves the interests of United
States commerce;
(IV) how the implementing
bill meets the standards set
forth in section 2103(b)(3);
and
(V) how and to what extent
the agreement makes progress in
achieving the applicable
purposes, policies, and
objectives referred to in
section 2102(c) regarding the
promotion of certain
priorities.
(3) Reciprocal benefits.--In order to ensure that a
foreign country that is not a party to a trade
agreement entered into under section 2103(b) does not
receive benefits under the agreement unless the country
is also subject to the obligations under the agreement,
the implementing bill submitted with respect to the
agreement shall provide that the benefits and
obligations under the agreement apply only to the
parties to the agreement, if such application is
consistent with the terms of the agreement. The
implementing bill may also provide that the benefits
and obligations under the agreement do not apply
uniformly to all parties to the agreement, if such
application is consistent with the terms of the
agreement.
(4) Disclosure of commitments.--Any agreement or
other understanding with a foreign government or
governments (whether oral or in writing) that--
(A) relates to a trade agreement with respect
to which the Congress enacts an implementing
bill under trade authorities procedures, and
(B) is not disclosed to the Congress before
an implementing bill with respect to that
agreement is introduced in either House of
Congress,
shall not be considered to be part of the agreement
approved by the Congress and shall have no force and
effect under United States law or in any dispute
settlement body.
(b) Limitations on Trade Authorities Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade authorities
procedures shall not apply to any implementing
bill submitted with respect to a trade
agreement or trade agreements entered into
under section 2103(b) if during the 60-day
period beginning on the date that one House of
Congress agrees to a procedural disapproval
resolution for lack of notice or consultations
with respect to such trade agreement or
agreements, the other House separately agrees
to a procedural disapproval resolution with
respect to such trade agreement or agreements.
(B) Procedural disapproval resolution.--(i)
For purposes of this paragraph, the term
``procedural disapproval resolution'' means a
resolution of either House of Congress, the
sole matter after the resolving clause of which
is as follows: ``That the President has failed
or refused to notify or consult in accordance
with the Bipartisan Trade Promotion Authority
Act of 2002 on negotiations with respect to
______ and, therefore, the trade authorities
procedures under that Act shall not apply to
any implementing bill submitted with respect to
such trade agreement or agreements.'', with the
blank space being filled with a description of
the trade agreement or agreements with respect
to which the President is considered to have
failed or refused to notify or consult.
(ii) For purposes of clause (i), the
President has ``failed or refused to notify or
consult in accordance with the Bipartisan Trade
Promotion Authority Act of 2002'' on
negotiations with respect to a trade agreement
or trade agreements if--
(I) the President has failed or
refused to consult (as the case may be)
in accordance with section 2104 or 2105
with respect to the negotiations,
agreement, or agreements;
(II) guidelines under section 2107(b)
have not been developed or met with
respect to the negotiations, agreement,
or agreements;
(III) the President has not met with
the Congressional Oversight Group
pursuant to a request made under
section 2107(c) with respect to the
negotiations, agreement, or agreements;
or
(IV) the agreement or agreements fail
to make progress in achieving the
purposes, policies, priorities, and
objectives of this title.
(2) Procedures for considering resolutions.--(A)
Procedural disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any Member
of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by either
Committee; and
(ii) in the Senate--
(I) may be introduced by any Member
of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) The provisions of section 152(d) and (e) of the
Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
to the floor consideration of certain resolutions in
the House and Senate) apply to a procedural disapproval
resolution introduced with respect to a trade agreement
if no other procedural disapproval resolution with
respect to that trade agreement has previously been
reported in that House of Congress by the Committee on
Ways and Means or the Committee on Finance, as the case
may be, and if no resolution described in section
2104(d)(3)(C)(ii) with respect to that trade agreement
has been reported in that House of Congress by the
Committee on Ways and Means or the Committee on
Finance, as the case may be, pursuant to the procedures
set forth in clauses (iii) through (vi) of such section
2104(d)(3)(C).
(C) It is not in order for the House of
Representatives to consider any procedural disapproval
resolution not reported by the Committee on Ways and
Means and, in addition, by the Committee on Rules.
(D) It is not in order for the Senate to consider any
procedural disapproval resolution not reported by the
Committee on Finance.
(3) For failure to meet other requirements.--Not
later than December 31, 2002, the Secretary of
Commerce, in consultation with the Secretary of State,
the Secretary of the Treasury, the Attorney General,
and the United States Trade Representative, shall
transmit to the Congress a report setting forth the
strategy of the executive branch to address concerns of
the Congress regarding whether dispute settlement
panels and the Appellate Body of the WTO have added to
obligations, or diminished rights, of the United
States, as described in section 2101(b)(3). Trade
authorities procedures shall not apply to any
implementing bill with respect to an agreement
negotiated under the auspices of the WTO unless the
Secretary of Commerce has issued such report in a
timely manner.
(c) Rules of House of Representatives and Senate.--Subsection
(b) of this section, section 2103(c), and \13\ section
2104(d)(3)(C) are enacted by the Congress--
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\13\ Sec. 2004(a)(18) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
``aand'' and inserted in lieu thereof ``and''.
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(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such are deemed a part of the rules of each
House, respectively, and such procedures supersede
other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedures of that House) at any time,
in the same manner, and to the same extent as any other
rule of that House.
SEC. 2106.\14\ TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH
NEGOTIATIONS HAVE ALREADY BEGUN.
(a) Certain Agreements.--Notwithstanding the prenegotiation
notification and consultation requirement described in section
2104(a), if an agreement to which section 2103(b) applies--
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\14\ 19 U.S.C. 3806.
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(1) is entered into under the auspices of the World
Trade Organization,
(2) is entered into with Chile,
(3) is entered into with Singapore, or
(4) establishes a Free Trade Area for the Americas,
and results from negotiations that were commenced before the
date of the enactment of this Act, subsection (b) shall apply.
(b) Treatment of Agreements.--In the case of any agreement to
which subsection (a) applies--
(1) the applicability of the trade authorities
procedures to implementing bills shall be determined
without regard to the requirements of section 2104(a)
(relating only to 90 days notice prior to initiating
negotiations), and any procedural disapproval
resolution under section 2105(b)(1)(B) shall not be in
order on the basis of a failure or refusal to comply
with the provisions of section 2104(a); and
(2) the President shall, as soon as feasible after
the enactment of this Act--
(A) notify the Congress of the negotiations
described in subsection (a), the specific
United States objectives in the negotiations,
and whether the President is seeking a new
agreement or changes to an existing agreement;
and
(B) before and after submission of the
notice, consult regarding the negotiations with
the committees referred to in section
2104(a)(2) and the Congressional Oversight
Group convened under section 2107.
SEC. 2107.\15\ CONGRESSIONAL OVERSIGHT GROUP.
(a) Members and Functions.--
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\15\ 19 U.S.C. 3807.
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(1) In general.--By not later than 60 days after the
date of the enactment of this Act, and not later than
30 days after the convening of each Congress, the
chairman of the Committee on Ways and Means of the
House of Representatives and the chairman of the
Committee on Finance of the Senate shall convene the
Congressional Oversight Group.
(2) Membership from the house.--In each Congress, the
Congressional Oversight Group shall be comprised of the
following Members of the House of Representatives:
(A) The chairman and ranking member of the
Committee on Ways and Means, and 3 additional
members of such Committee (not more than 2 of
whom are members of the same political party).
(B) The chairman and ranking member, or their
designees, of the committees of the House of
Representatives which would have, under the
Rules of the House of Representatives,
jurisdiction over provisions of law affected by
a trade agreement negotiations for which are
conducted at any time during that Congress and
to which this title would apply.
(3) Membership from the senate.--In each Congress,
the Congressional Oversight Group shall also be
comprised of the following members of the Senate:
(A) The chairman and ranking member of the
Committee on Finance and 3 additional members
of such Committee (not more than 2 of whom are
members of the same political party).
(B) The chairman and ranking member, or their
designees, of the committees of the Senate
which would have, under the Rules of the
Senate, jurisdiction over provisions of law
affected by a trade agreement negotiations for
which are conducted at any time during that
Congress and to which this title would apply.
(4) Accreditation.--Each member of the Congressional
Oversight Group described in paragraph (2)(A) and
(3)(A) shall be accredited by the United States Trade
Representative on behalf of the President as an
official adviser to the United States delegation in
negotiations for any trade agreement to which this
title applies. Each member of the Congressional
Oversight Group described in paragraph (2)(B) and
(3)(B) shall be accredited by the United States Trade
Representative on behalf of the President as an
official adviser to the United States delegation in the
negotiations by reason of which the member is in the
Congressional Oversight Group. The Congressional
Oversight Group shall consult with and provide advice
to the Trade Representative regarding the formulation
of specific objectives, negotiating strategies and
positions, the development of the applicable trade
agreement, and compliance and enforcement of the
negotiated commitments under the trade agreement.
(5) Chair.--The Congressional Oversight Group shall
be chaired by the Chairman of the Committee on Ways and
Means of the House of Representatives and the Chairman
of the Committee on Finance of the Senate.
(b) Guidelines.--
(1) Purpose and revision.--The United States Trade
Representative, in consultation with the chairmen and
ranking minority members of the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate--
(A) shall, within 120 days after the date of
the enactment of this Act, develop written
guidelines to facilitate the useful and timely
exchange of information between the Trade
Representative and the Congressional Oversight
Group convened under this section; and
(B) may make such revisions to the guidelines
as may be necessary from time to time.
(2) Content.--The guidelines developed under
paragraph (1) shall provide for, among other things--
(A) regular, detailed briefings of the
Congressional Oversight Group regarding
negotiating objectives, including the promotion
of certain priorities referred to in section
2102(c), and positions and the status of the
applicable negotiations, beginning as soon as
practicable after the Congressional Oversight
Group is convened, with more frequent briefings
as trade negotiations enter the final stage;
(B) access by members of the Congressional
Oversight Group, and staff with proper security
clearances, to pertinent documents relating to
the negotiations, including classified
materials;
(C) the closest practicable coordination
between the Trade Representative and the
Congressional Oversight Group at all critical
periods during the negotiations, including at
negotiation sites;
(D) after the applicable trade agreement is
concluded, consultation regarding ongoing
compliance and enforcement of negotiated
commitments under the trade agreement; and
(E) the time frame for submitting the report
required under section 2102(c)(8).
(c) Request for Meeting.--Upon the request of a majority of
the Congressional Oversight Group, the President shall meet
with the Congressional Oversight Group before initiating
negotiations with respect to a trade agreement, or at any other
time concerning the negotiations.
SEC. 2108.\16\ ADDITIONAL IMPLEMENTATION AND ENFORCEMENT REQUIREMENTS.
(a) In General.--At the time the President submits to the
Congress the final text of an agreement pursuant to section
2105(a)(1)(C), the President shall also submit a plan for
implementing and enforcing the agreement. The implementation
and enforcement plan shall include the following:
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\16\ 19 U.S.C. 3808.
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(1) Border personnel requirements.--A description of
additional personnel required at border entry points,
including a list of additional customs and agricultural
inspectors.
(2) Agency staffing requirements.--A description of
additional personnel required by Federal agencies
responsible for monitoring and implementing the trade
agreement, including personnel required by the Office
of the United States Trade Representative, the
Department of Commerce, the Department of Agriculture
(including additional personnel required to implement
sanitary and phytosanitary measures in order to obtain
market access for United States exports), the
Department of the Treasury, and such other agencies as
may be necessary.
(3) Customs infrastructure requirements.--A
description of the additional equipment and facilities
needed by the United States Customs Service.
(4) Impact on state and local governments.--A
description of the impact the trade agreement will have
on State and local governments as a result of increases
in trade.
(5) Cost analysis.--An analysis of the costs
associated with each of the items listed in paragraphs
(1) through (4).
(b) Budget Submission.--The President shall include a request
for the resources necessary to support the plan described in
subsection (a) in the first budget that the President submits
to the Congress after the submission of the plan.
SEC. 2109.\17\ COMMITTEE STAFF.
The grant of trade promotion authority under this title is
likely to increase the activities of the primary committees of
jurisdiction in the area of international trade. In addition,
the creation of the Congressional Oversight Group under section
2107 will increase the participation of a broader number of
Members of Congress in the formulation of United States trade
policy and oversight of the international trade agenda for the
United States. The primary committees of jurisdiction should
have adequate staff to accommodate these increases in
activities.
---------------------------------------------------------------------------
\17\ 19 U.S.C. 3809.
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SEC. 2110. CONFORMING AMENDMENTS.
(a) In General.--Title I of the Trade Act of 1974 (19 U.S.C.
2111 et seq.) is amended as follows: * * *
(b) \18\ Application of Certain Provisions.--For purposes of
applying sections 125, 126, and 127 of the Trade Act of 1974
(19 U.S.C. 2135, 2136(a), and 2137)--
---------------------------------------------------------------------------
\18\ 19 U.S.C. 3810.
---------------------------------------------------------------------------
(1) any trade agreement entered into under section
2103 shall be treated as an agreement entered into
under section 101 or 102, as appropriate, of the Trade
Act of 1974 (19 U.S.C. 2111 or 2112); and
(2) any proclamation or Executive order issued
pursuant to a trade agreement entered into under
section 2103 shall be treated as a proclamation or
Executive order issued pursuant to a trade agreement
entered into under section 102 of the Trade Act of
1974.
SEC. 2111.\19\ REPORT ON IMPACT OF TRADE PROMOTION AUTHORITY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the International Trade Commission shall
report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
regarding the economic impact on the United States of the trade
agreements described in subsection (b).
---------------------------------------------------------------------------
\19\ 19 U.S.C. 3811.
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(b) Agreements.--The trade agreements described in this
subsection are the following:
(1) The United States-Israel Free Trade Agreement.
(2) The United States-Canada Free Trade Agreement.
(3) The North American Free Trade Agreement.
(4) The Uruguay Round Agreements.
(5) The Tokyo Round of Multilateral Trade
Negotiations.
SEC. 2112.\20\ INTERESTS OF SMALL BUSINESS.
The Assistant United States Trade Representative for Industry
and Telecommunications shall be responsible for ensuring that
the interests of small business are considered in all trade
negotiations in accordance with the objective described in
section 2102(a)(8). It is the sense of the Congress that the
small business functions should be reflected in the title of
the Assistant United States Trade Representative assigned the
responsibility for small business.
---------------------------------------------------------------------------
\20\ 19 U.S.C. 3812.
---------------------------------------------------------------------------
SEC. 2113.\21\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\21\ 19 U.S.C. 3813.
---------------------------------------------------------------------------
(1) Agreement on agriculture.--The term ``Agreement
on Agriculture'' means the agreement referred to in
section 101(d)(2) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(2)).
(2) Agreement on safeguards.--The term ``Agreement on
Safeguards means the agreement referred to in section
101(d)(13) \22\ of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(13)).\22\
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\22\ Sec. 2004(a)(19)(A) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
``101(d)(12)'' and ``3511(d)12)'' and inserted in lieu thereof
``101(d)(13)'' and ``3511(d)(13)'', respectively.
---------------------------------------------------------------------------
(3) \23\ Agreement on subsidies and countervailing
measures.--The term ``Agreement on Subsidies and
Countervailing Measures'' means the agreement referred
to in section 101(d)(12) \23\ of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(12)).\23\
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\23\ Sec. 2004(a)(19)(B) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591)
redesignated this second para. (2) in sec. 2113 as para. (3), and
struck out ``101(d)(13)'' and ``3511(d)(13)'' and inserted in lieu
thereof ``101(d)(12)'' and ``3511(d)(12)'', respectively.
---------------------------------------------------------------------------
(4) Antidumping agreement.--The term ``Antidumping
Agreement'' means the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and
Trade 1994 referred to in section 101(d)(7) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(7)).
(5) Appellate body.--The term ``Appellate Body''
means the Appellate Body established under Article 17.1
of the Dispute Settlement Understanding.
(6) Core labor standards.--The term ``core labor
standards'' means--
(A) the right of association;
(B) the right to organize and bargain
collectively;
(C) a prohibition on the use of any form of
forced or compulsory labor;
(D) a minimum age for the employment of
children; and
(E) acceptable conditions of work with
respect to minimum wages, hours of work, and
occupational safety and health.
(7) Dispute settlement understanding.--The term
``Dispute Settlement Understanding'' means the
Understanding on Rules and Procedures Governing the
Settlement of Disputes referred to in section
101(d)(16) of the Uruguay Round Agreements Act.
(8) GATT 1994.--The term ``GATT 1994'' has the
meaning given that term in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501).
(9) ILO.--The term ``ILO'' means the International
Labor Organization.
(10) Import sensitive agricultural product.--The term
``import sensitive agricultural product'' means an
agricultural product--
(A) with respect to which, as a result of the
Uruguay Round Agreements the rate of duty was
the subject of tariff reductions by the United
States and, pursuant to such Agreements, was
reduced on January 1, 1995, to a rate that was
not less than 97.5 percent of the rate of duty
that applied to such article on December 31,
1994; or
(B) which was subject to a tariff-rate quota
on the date of the enactment of this Act.
(11) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other
legal entity organized under the laws of the
United States; and
(C) a partnership, corporation, or other
legal entity that is organized under the laws
of a foreign country and is controlled by
entities described in subparagraph (B) or
United States citizens, or both.
(12) Uruguay round agreements.--The term ``Uruguay
Round Agreements'' has the meaning given that term in
section 2(7) of the Uruguay Round Agreements Act (19
U.S.C. 3501(7)).
(13) World trade organization; wto.--The terms
``World Trade Organization'' and ``WTO'' mean the
organization established pursuant to the WTO Agreement.
(14) WTO agreement.--The term ``WTO Agreement'' means
the Agreement Establishing the World Trade Organization
entered into on April 15, 1994.
(15) WTO member.--The term ``WTO member'' has the
meaning given that term in section 2(10) of the Uruguay
Round Agreements Act (19 U.S.C. 3501(10)).
DIVISION C--ANDEAN TRADE PREFERENCE ACT
TITLE XXXI--ANDEAN TRADE PREFERENCE
SEC. 3101.\24\ SHORT TITLE.
This title may be cited as the ``Andean Trade Promotion and
Drug Eradication Act''. * * *
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\24\ Secs. 3101 and 3102, which make up the Andean Trade Promotion
and Drug Eradication Act, can be found on page 941 of this volume.
\25\ Sec. 3103 consists of amendments to the Andean Trade
Preference Act (Public Law 102-182; 19 U.S.C. 3201). These amendments
have been incorporated at the appropriate places in that Act. See page
960 of this volume.
\26\ Sec. 3104 is part of the Andean Trade Promotion and Drug
Eradication Act and can be found on page 941 of this volume. Sec. 3104
also amends the Andean Trade Preference Act (Public Law 102-182; 19
U.S.C. 3201).
\27\ Sec. 3105 can be found on page 1127 of this volume.
\28\ Sec. 3106 consists of amendments to the Harmonized Tariff
Schedule of the United States.
\29\ Sec. 3107 consists of amendments to the Caribbean Basin
Economic Recovery Act (Title II of Public Law 98-67; 19 U.S.C. 2701).
These amendments have been incorporated at the appropriate places in
that Act. See page 1023 of this volume.
\30\ Sec. 3108 consists of amendments to the African Growth and
Opportunity Act (Title I of Public Law 106-200; 19 U.S.C. 3701). These
amendments have been incorporated at the appropriate places in that
Act. See page 1028 of this volume.
\31\ Division D primarily consists of amendments to the Trade Act
of 1974 (Public Law 93-618; 19 U.S.C. 2101). These amendments have been
incorporated at the appropriate places in that Act. See page 256 of
this volume.
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SEC. 3102.\24\ FINDINGS. * * *
SEC. 3103.\25\ ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT. * * *
SEC. 3104.\26\ TERMINATION. * * *
SEC. 3105.\27\ REPORT ON FREE TRADE AGREEMENT WITH ISRAEL. * * *
SEC. 3106.\28\ MODIFICATION OF DUTY TREATMENT FOR TUNA. * * *
SEC. 3107.\29\ TRADE BENEFITS UNDER THE CARIBBEAN BASIN ECONOMIC
RECOVERY ACT. * * *
SEC. 3108.\30\ TRADE BENEFITS UNDER THE AFRICAN GROWTH AND OPPORTUNITY
ACT. * * *
DIVISION D--EXTENSION OF CERTAIN PREFERENTIAL TRADE TREATMENT \31\ * *
*
DIVISION E--MISCELLANEOUS PROVISIONS
TITLE L--MISCELLANEOUS TRADE BENEFITS
Subtitle A--Wool Provisions
SEC. 5101.\32\ WOOL PROVISIONS. * * *
---------------------------------------------------------------------------
\32\ Sec. 5101 primarily consists of amendments to the Trade and
Development Act of 2000 (Public Law 106-200). These amendments have
been incorporated at the appropriate places in that Act. See page 650
of this volume.
---------------------------------------------------------------------------
SEC. 5102.\33\ DUTY SUSPENSION ON WOOL. * * *
---------------------------------------------------------------------------
\33\ Sec. 5102 primarily consists of amendments to the Harmonized
Tariff Schedule of the United States.
---------------------------------------------------------------------------
Subtitle B--Other Provisions
SEC. 5201.\34\ FUND FOR WTO DISPUTE SETTLEMENTS.
(a) Establishment of Fund.--There is established in the
Treasury a fund for the payment of settlements under this
section.
---------------------------------------------------------------------------
\34\ 19 U.S.C. 3539.
---------------------------------------------------------------------------
(b) Authority of USTR to Pay Settlements.--Amounts in the
fund established under subsection (a) shall be available, as
provided in appropriations Acts, only for the payment by the
United States Trade Representative of the amount of the total
or partial settlement of any dispute pursuant to proceedings
under the auspices of the World Trade Organization, if--
(1) in the case of a total or partial settlement in
an amount of not more than $10,000,000, the Trade
Representative certifies to the Secretary of the
Treasury that the settlement is in the best interests
of the United States; and
(2) in the case of a total or partial settlement in
an amount of more than $10,000,000, the Trade
Representative certifies to the Congress that the
settlement is in the best interests of the United
States.
(c) Appropriations.--There are authorized to be appropriated
to the fund established under subsection (a)--
(1) $50,000,000; and
(2) amounts equivalent to amounts recovered by the
United States pursuant to the settlement of disputes
pursuant to proceedings under the auspices of the World
Trade Organization.
Amounts appropriated to the fund are authorized to remain
available until expended.
(d) Management of fund.--Sections 9601 and 9602(b) of the
Internal Revenue Code of 1986 shall apply to the fund
established under subsection (a) to the same extent as such
provisions apply to trust funds established under subchapter A
of chapter 98 of such Code.
---------------------------------------------------------------------------
\35\ Secs. 5202 and 5203 primarily consist of amendments to the
Harmonized Tariff Schedule of the United States.
---------------------------------------------------------------------------
SEC. 5202.\35\ CERTAIN STEAM OR OTHER VAPOR GENERATING BOILERS USED IN
NUCLEAR FACILITIES. * * *
SEC. 5203.\35\ SUGAR TARIFF-RATE QUOTA CIRCUMVENTION. * * *
(5) Trade and Development Act of 2000
Partial text of Public Law 106-200 [H.R. 434], 114 Stat. 251, approved
May 18, 2000, as amended by Public Law 107-210 [Trade Act of 2002; H.R.
3009], 116 Stat. 933, approved May 6, 2002
AN ACT To authorize a new trade and investment policy for sub-Saharan
Africa, expand trade benefits to the countries in the Caribbean Basin,
renew the generalized system of preferences, and reauthorize the trade
adjustment assistance programs.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade and
Development Act of 2000''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 3701 note.
---------------------------------------------------------------------------
(b) * * *
* * * * * * *
TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA
Note.--The African Growth and Opportunity Act can be
found on page 1078.
* * * * * * *
Subtitle C--Economic Development Related Issues
Note.--Secs. 121 through 131 of the Act are found in
Legislation on Foreign Relations Through 2005, vol. I-
B.
* * * * * * *
TITLE II--TRADE BENEFITS FOR CARIBBEAN BASIN
Note.--The United States-Caribbean Basin Trade
Partnership can be found on page 944.
* * * * * * *
TITLE III--NORMAL TRADE RELATIONS
SEC. 301.\2\ NORMAL TRADE RELATIONS FOR ALBANIA.
---------------------------------------------------------------------------
\2\ 19 U.S.C. 2434 note. Sec. 301 can be found in this volume on
page 1178.
---------------------------------------------------------------------------
(a) * * *
SEC. 302.\3\ NORMAL TRADE RELATIONS FOR KYRGYZSTAN.
---------------------------------------------------------------------------
\3\ 19 U.S.C. 2434 note. Sec. 302 can be found in this volume on
page 1179.
---------------------------------------------------------------------------
(a) * * *
TITLE IV--OTHER TRADE PROVISIONS
SEC. 401. REPORT ON EMPLOYMENT AND TRADE ADJUSTMENT ASSISTANCE.
(a) In General.--Not later than 9 months after the date of
the enactment of this section, the Comptroller General of the
United States shall submit to Congress a report regarding the
efficiency and effectiveness of Federal and State coordination
of employment and retraining activities associated with the
following programs and legislation:
(1) Trade adjustment assistance (including NAFTA
trade adjustment assistance) provided for under title
II of the Trade Act of 1974.
(2) The Job Training Partnership Act.
(3) The Workforce Investment Act of 1998.
(4) Unemployment insurance.
(b) Period Covered.--The report shall cover the activities
involved in the programs and legislation listed in subsection
(a) from January 1, 1994, to December 31, 1999.
(c) Data and Recommendations.--The report shall at a minimum
include specific data and recommendations regarding--
(1) the compatibility of program requirements related
to the employment and retraining of dislocated workers
in the United States, with particular emphasis on the
trade adjustment assistance programs provided for under
title II of the Trade Act of 1974;
(2) the compatibility of application procedures
related to the employment and retraining of dislocated
workers in the United States;
(3) the capacity of the programs in addressing
foreign trade and the transfer of production to other
countries on workers in the United States measured in
terms of loss of employment and wages;
(4) the capacity of the programs in addressing
foreign trade and the transfer of production to other
countries on secondary workers in the United States
measured in terms of loss of employment and wages;
(5) how the impact of foreign trade and the transfer
of production to other countries would have changed the
number of beneficiaries covered under the trade
adjustment assistance program if the trade adjustment
assistance program covered secondary workers in the
United States; and
(6) the effectiveness of the programs described in
subsection (a) in achieving reemployment of United
States workers and maintaining wage levels of United
States workers who have been dislocated as a result of
foreign trade and the transfer of production to other
countries.
SEC. 402. TRADE ADJUSTMENT ASSISTANCE.
(a) Certification of Eligibility for Workers Required for
Decommissioning or Closure of Facility.--
(1) In general.--Notwithstanding any other provision
of law or any decision by the Secretary of Labor
denying certification or eligibility for certification
for adjustment assistance under title II of the Trade
Act of 1974, a qualified worker described in paragraph
(2) shall be certified by the Secretary as eligible to
apply for adjustment assistance under such title II.
(2) Qualified worker.--For purposes of this
subsection, a ``qualified worker'' means a worker who--
(A) was determined to be covered under Trade
Adjustment Assistance Certification TA-W-
28,438; and
(B) was necessary for the decommissioning or
closure of a nuclear power facility.
(b) Effective Date.--The amendment made by this section shall
take effect on the date of the enactment of this Act.
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\4\ Sec. 403 refers to the customs treatment of particular imported
commodities.
\5\ Sec. 404 makes technical corrections to reporting requirements,
in particular, trade laws. These reporting requirements appear, as
amended, in this volume.
\6\ Sec. 405 amends the Uruguay Round Agreements Act by revising
the rules of origin for textile and apparel products.
\7\ Sec. 406 amends sec. 141 of the Trade Act of 1974 (19 U.S.C.
2171) to establish the position of Chief Agricultural Negotiator in the
Office of the United States Trade Representative, as found on page 285.
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SEC. 403.\4\ RELIQUIDATION OF CERTAIN NUCLEAR FUEL ASSEMBLIES. * * *
SEC. 404.\5\ REPORTS TO THE FINANCE AND WAYS AND MEANS COMMITTEES. * *
*
SEC. 405.\6\ CLARIFICATION OF SECTION 334 OF THE URUGUAY ROUND
AGREEMENTS ACT. * * *
SEC. 406.\7\ CHIEF AGRICULTURAL NEGOTIATOR. * * *
SEC. 407.\8\ REVISION OF RETALIATION LIST OR OTHER REMEDIAL ACTION. * *
*
SEC. 408. REPORT ON TRADE ADJUSTMENT ASSISTANCE FOR AGRICULTURAL
COMMODITY PRODUCERS.
(a) In General.--Not later than 4 months after the date of
the enactment of this Act, the Secretary of Labor, in
consultation with the Secretary of Agriculture and the
Secretary of Commerce, shall submit to the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate a report that--
---------------------------------------------------------------------------
\8\ Sec. 407 amends sec. 306 of the Trade Act of 1974 (19 U.S.C.
2417, on page 365, this volume) directing the United States Trade
Representative to periodically revise the commodities on a retaliation
list if one is initiated as a result of a trade dispute.
---------------------------------------------------------------------------
(1) examines the applicability to agricultural
commodity producers of trade adjustment assistance
programs established under title II of the Trade Act of
1974; and
(2) sets forth recommendations to improve the
operation of those programs as the programs apply to
agricultural commodity producers or to establish a new
trade adjustment assistance program for agricultural
commodity producers.
(b) Contents.--In preparing the report required by subsection
(a), the Secretary of Labor shall--
(1) assess the degree to which the existing trade
adjustment assistance programs address the adverse
effects on agricultural commodity producers due to
price suppression caused by increased imports of like
or directly competitive agricultural commodities; and
(2) examine the effectiveness of the program benefits
authorized under subchapter B of chapter 2 and chapter
3 of title II of the Trade Act of 1974 in remedying the
adverse effects, including price suppression, caused by
increased imports of like or directly competitive
agricultural commodities.
(c) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' means any agricultural commodity, including
livestock, fish or harvested seafood in its raw or
natural state.
(2) Agricultural commodity producer.--The term
``agricultural commodity producer'' means any person
who is engaged in the production and sale of an
agricultural commodity in the United States and who
owns or shares the ownership and risk of loss of the
agricultural commodity.
SEC. 409.\9\ AGRICULTURAL TRADE NEGOTIATING OBJECTIVES AND
CONSULTATIONS WITH CONGRESS.
---------------------------------------------------------------------------
\9\ 7 U.S.C. 1736r note.
---------------------------------------------------------------------------
(a) Findings.--Congress finds that--
(1) United States agriculture contributes positively
to the United States balance of trade and United States
agricultural exports support in excess of 1,000,000
United States jobs;
(2) United States agriculture competes successfully
worldwide despite the fact that United States producers
are at a competitive disadvantage because of the trade
distorting support and subsidy practices of other
countries and despite the fact that significant tariff
and nontariff barriers exist to United States exports;
and
(3) a successful conclusion of the current World
Trade Organization agricultural negotiations is
critically important to the United States agricultural
sector.
(b) Objectives.--The agricultural trade negotiating
objectives of the United States with respect to the current
World Trade Organization agricultural negotiations include as
matters of the highest priority--
(1) the expeditious elimination of all export
subsidies worldwide while maintaining bona fide food
aid and preserving United States market development and
export credit programs that allow the United States to
compete with other foreign export promotion efforts;
(2) leveling the playing field for United States
producers of agricultural products by eliminating blue
box subsidies and disciplining domestic supports in a
way that forces producers to face world prices on all
production in excess of domestic food security needs
while allowing the preservation of nontrade distorting
programs to support family farms and rural communities;
(3) the elimination of state trading enterprises or
the adoption of rigorous disciplines that ensure
operational transparency, competition, and the end of
discriminatory pricing practices, including policies
supporting cross-subsidization and price undercutting
in export markets;
(4) affirming that the World Trade Organization
Agreement on the Application of Sanitary and
Phytosanitary Measures applies to new technologies,
including biotechnology, and that labeling requirements
to allow consumers to make choices regarding
biotechnology products or other regulatory requirements
may not be used as disguised barriers to trade;
(5) increasing opportunities for United States
exports of agricultural products by reducing tariffs to
the same levels that exist in the United States or to
lower levels and by eliminating all nontariff barriers,
including--
(A) restrictive or trade distorting
practices, including those that adversely
impact perishable or cyclical products;
(B) restrictive rules in the administration
of tariff-rate quotas; and
(C) other barriers to agriculture trade,
including unjustified restrictions or
commercial requirements affecting new
technologies, including biotechnology;
(6) eliminating government policies that create
price-depressing surpluses; and
(7) strengthening dispute settlement procedures to
ensure prompt compliance by foreign governments with
their World Trade Organization obligations including
commitments not to maintain unjustified restrictions on
United States exports.
(c) Consultation With Congressional Committees.--
(1) Consultation before offer made.--In developing
and before submitting an initial or revised negotiating
proposal that would reduce United States tariffs on
agricultural products or require a change in United
States agricultural law, the United States Trade
Representative shall consult with the Committee on
Agriculture, Nutrition, and Forestry and the Committee
on Finance of the Senate and the Committee on
Agriculture and the Committee on Ways and Means of the
House of Representatives.
(2) Consultation with congressional trade advisers.--
Prior to and during the course of current negotiations
on agricultural trade, the United States Trade
Representative shall consult closely with the
congressional trade advisers.
(3) Consultation before agreement initialed.--Not
less than 48 hours before initialing an agreement
reached as part of current World Trade Organization
agricultural negotiations, the United States Trade
Representative shall consult closely with the
committees referred to in paragraph (1) regarding--
(A) the details of the agreement;
(B) the potential impact of the agreement on
United States agricultural producers; and(C)
any changes in United States law necessary to
implement the agreement.
(4) Disclosure of commitments.--Any agreement or
other understanding addressing agricultural trade with
a foreign government or governments (whether oral or in
writing) that relates to a trade agreement with respect
to which Congress must enact implementing legislation
and that is not disclosed to Congress before
legislation implementing that agreement is introduced
in either House of Congress shall not be considered to
be part of the agreement approved by Congress and shall
have no force and effect under United States law or in
any dispute settlement body.
(d) Sense of the Congress.--It is the sense of the Congress
that--
(1) granting the President trade negotiating
authority is essential to the successful conclusion of
the new round of World Trade Organization agricultural
negotiations;
(2) reaching a successful agreement on agriculture
should be the top priority of United States
negotiators; and
(3) if by the conclusion of the negotiations, the
primary agricultural competitors of the United States
do not agree to reduce their trade distorting domestic
supports and eliminate export subsidies in accordance
with the negotiating objectives expressed in this
section, the United States should take steps to
increase the leverage of United States negotiators and
level the playing field for United States producers.
---------------------------------------------------------------------------
\10\ Subsec. 410(a) amends sec. 484 of the Tariff Act of 1930 (19
U.S.C. 1484) to require that merchandise withdrawn from a foreign trade
zone during a 7-day period to be treated upon entry as a single entry
(at the option of the operator or user of the zone) for purposes of
customs user fees by making technical changes to customs laws relating
to treatment.
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SEC. 410.\10\ ENTRY PROCEDURES FOR FOREIGN TRADE ZONE OPERATIONS.
(a) * * *
(b) \11\ Effective Date.--The amendment made by this section
shall take effect on the date that is 60 days after the date of
the enactment of this Act.
---------------------------------------------------------------------------
\11\ 19 U.S.C. 1484 note.
---------------------------------------------------------------------------
SEC. 411.\12\ GOODS MADE WITH FORCED OR INDENTURED CHILD LABOR. * * *
---------------------------------------------------------------------------
\12\ 19 U.S.C. 1307 note. Sec. 411 amends sec. 307 of the Tariff
Act of 1930 (19 U.S.C. 1307) by including ``forced or indentured child
labor'' within the prohibition of the importation of goods manufactured
by forced or indentured labor.
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SEC. 412. WORST FORMS OF CHILD LABOR.
(a) \13\ * * *
---------------------------------------------------------------------------
\13\ Subsec. 412(a) amends sec. 502(b)(2) of the Trade Act of 1974
(19 U.S.C. 2462(b)(2)) by making ineligible for the Generalized System
of Preferences any country that has not implemented its commitment to
eliminate the worst forms of child labor.
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(b) \14\ Definition of Worst Forms of Child Labor. * * *
---------------------------------------------------------------------------
\14\ Subsec. 412(b) amends sec. 507 of the Trade Act of 1974 (19
U.S.C. 2467) by adding at the end a new paragraph defining the term
``worst forms of child labor'' as (1) all forms of slavery or practices
similar to slavery; (2) child prostitution or use of a child for
pornographic purposes; (3) use of a child for the production or
trafficking of drugs; and (4) work which, by nature, is likely to harm
the health or safety of children. See page 404.
---------------------------------------------------------------------------
(c) \15\ Annual Report. * * *
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\15\ Subsec. (c) amends sec. 504 of the Trade Act of 1974 (19
U.S.C. 2464) by requiring that annual reports to the Congress on labor
rights in Generalized System of Preferences (GSP) beneficiary countries
include findings with respect to implementation of its international
commitments to eliminate the worst forms of child labor.
---------------------------------------------------------------------------
TITLE V--IMPORTS OF CERTAIN WOOL ARTICLES \16\
* * * * * * *
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\16\ Secs. 501 to 505 of this title amend the Harmonized Tariff
Schedule of the United States (HTSUS) to reduce or suspend the duty on
certain wool yarn, wool fiber, and wool top of a specified fiber
diameter from January 1, 2001 through December 31, 2003. The President
is authorized to proclaim a reduction in rate of duty for certain
imports of worsted wool fabrics similar to the rate of duty for such
fabrics imported from Canada. The President is further directed to
monitor U.S. market conditions for these fabrics, and to consider
requests made by U.S. manufacturers of apparel products to modify the
quantity of such articles imported into the United States.
---------------------------------------------------------------------------
SEC. 505. \17\ REFUND OF DUTIES PAID ON IMPORTS OF CERTAIN WOOL
ARTICLES.
---------------------------------------------------------------------------
\17\ Sec. 5102(c)(1) of the Trade Act of 2002 (Public Law 107-210;
116 Stat. 1046) provided the following:
``(c) Extension of Duty Refunds and Wool Research Trust Fund.--
---------------------------------------------------------------------------
``(1) In general.--The United States Customs Service shall pay each
manufacturer that receives a payment under section 505 of the Trade and
Development Act of 2000 (Public Law 106-200) for calendar year 2002, and
that provides an affidavit that it remains a manufacturer in the United
States as of January 1 of the year of the payment, 2 additional payments,
each payment equal to the payment received for calendar year 2002 as
follows:
``(A) The first payment to be made after January 1, 2004, but on or before
April 15, 2004.
``(B) The second payment to be made after January 1, 2005, but on or before
April 15, 2005.''.
(a) Worsted Wool Fabrics.--In each of the calendar years
2000, 2001, and 2002, a manufacturer of men's or boys' suits,
suit-type jackets, or trousers (not a broker or other
individual acting on behalf of the manufacturer to process the
import) of imported worsted wool fabrics of the kind described
in heading 9902.51.11 or 9902.51.12 of the Harmonized Tariff
Schedule of the United States shall be eligible for a refund of
duties paid on entries of such fabrics in each such calendar
year in an amount equal to one-third of the amount of duties
paid by the importer on such worsted wool fabrics (without
regard to micron level) imported in calendar year 1999.
(b) Wool Yarn.--In each of the calendar years 2000, 2001, and
2002, a manufacturer of worsted wool fabrics who imports wool
yarn of the kind described in heading 9902.51.13 of the
Harmonized Tariff Schedule of the United States shall be
eligible for a refund of duties paid on entries of such wool
yarn in each such calendar year in an amount equal to one-third
of the amount of duties paid by the manufacturer on such wool
yarn (without regard to micron level) imported in calendar year
1999.
(c) Wool Fiber and Wool Top.--In each of the calendar years
2000, 2001, and 2002, a manufacturer of wool yarn or wool
fabric who imports wool fiber or wool top of the kind described
in heading 9902.51.14 of the Harmonized Tariff Schedule of the
United States shall be eligible for a refund of duties paid on
entries of such wool fiber in each such calendar year in an
amount equal to one-third of the amount of duties paid by the
manufacturer on such wool fiber (without regard to micron
level) imported in calendar year 1999.
(d) Proper Identification and Appropriate Claim.--Any person
applying for a rebate under this section shall properly
identify and make appropriate claim to the United States
Customs Service for each entry involved.
SEC. 506.\18\ WOOL RESEARCH, DEVELOPMENT, AND PROMOTION TRUST FUND.
---------------------------------------------------------------------------
\18\ 7 U.S.C. 7101 note.
---------------------------------------------------------------------------
(a) Establishment.--There is hereby established within the
Treasury of the United States a trust fund to be known as the
Wool Research, Development, and Promotion Trust Fund (hereafter
in this section referred to as the ``Trust Fund''), consisting
of such amounts as may be transferred to the Trust Fund under
subsection (b)(1) and any amounts as may be credited to the
Trust Fund under subsection (c)(2).
(b) Transfer of Amounts.--
(1) In general.--The Secretary of the Treasury shall
transfer to the Trust Fund out of the general fund of
the Treasury of the United States amounts determined by
the Secretary of the Treasury to be equivalent to the
amounts received into such general fund that are
attributable to the duty received on articles under
chapters 51 and 52 of the Harmonized Tariff Schedule of
the United States, subject to the limitation in
paragraph (2).
(2) Limitation.--The Secretary shall not transfer
more than $2,250,000 to the Trust Fund in any fiscal
year.
(3) Transfers based on estimates.--The amounts
required to be transferred under paragraph (1) shall be
transferred at least quarterly from the general fund of
the Treasury of the United States to the Trust Fund on
the basis of estimates made by the Secretary of the
Treasury of the amounts referred to in paragraph (1)
that are received into the Treasury. Proper adjustments
shall be made in the amounts subsequently transferred
to the extent prior estimates were in excess of, or
less than, the amounts required to be transferred.
(c) Investment of Trust Fund.--
(1) In general.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the
Trust Fund as is not, in the Secretary's judgment,
required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both
principal and interest by the United States. For such
purpose, such obligations may be acquired on original
issue at the issue price or by purchase of outstanding
obligations at the market price. Any obligation
acquired by the Trust Fund may be sold by the Secretary
of the Treasury at the market price.
(2) Interest and proceeds from sale or redemption of
obligations.--The interest on, and the proceeds from
the sale or redemption of, any obligations held in the
Trust Fund shall be credited to and form a part of the
Trust Fund.
(d) Availability of Amounts from Trust Fund.--From amounts
available in the Trust Fund (including any amounts not
obligated in previous fiscal years), the Secretary of
Agriculture is authorized to provide grants to a nationally-
recognized council established for the development of the
United States wool market for the following purposes:
(1) Assist United States wool producers to improve
the quality of wool produced in the United States,
including to improve wool production methods.
(2) Disseminate information on improvements described
in paragraph (1) to United States wool producers
generally.
(3) Assist United States wool producers in the
development and promotion of the wool market.
(e) Reports to Congress.--The Secretary of the Treasury, in
consultation with the Secretary of Agriculture, shall prepare
and submit to Congress an annual report on the financial
condition and the results of the operations of the Trust Fund,
including a description of the use of amounts of grants
provided under subsection (d), during the preceding fiscal year
and on its expected condition and operations during the next
fiscal year.
(f) Sunset Provision.--Effective January 1, 2008,\19\ the
Trust Fund shall be abolished and all amounts in the Trust Fund
on such date shall be transferred to the general fund of the
Treasury of the United States.
---------------------------------------------------------------------------
\19\ Sec. 5102(c)(2) of the Trade Act of 2002 (Public Law 107-210;
116 Stat. 1047) struck out ``2004'' and inserted in lieu thereof
``2006''. Subsequently, sec. 4002(c)(5) of the Miscellaneous Trade and
Technical Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2603)
struck out ``2006'' and inserted in lieu thereof ``2008''.
---------------------------------------------------------------------------
TITLE VI--REVENUE PROVISIONS
SEC. 601. APPLICATION OF DENIAL OF FOREIGN TAX CREDIT REGARDING TRADE
AND INVESTMENT WITH RESPECT TO CERTAIN FOREIGN
COUNTRIES. * * * \20\
---------------------------------------------------------------------------
\20\ Subsec. 601 amends sec. 901(j) of the Internal Revenue Code of
1986 to provide for a waiver of the denial of a foreign tax credit for
certain taxes paid or accrued to a foreign country, if the President
determines and reports to Congress that such waiver is in the U.S.
national interest and will expand trade and investment opportunities
for U.S. companies in such country.
---------------------------------------------------------------------------
SEC. 602.\21\ ACCELERATION OF COVER OVER PAYMENTS TO PUERTO RICO AND
VIRGIN ISLANDS.
(a) \22\ Initial Payment.--Section 512(b) of the Ticket to
Work and Work Incentives Improvement Act of 1999 is amended--
---------------------------------------------------------------------------
\21\ 26 U.S.C. 7652 note.
\22\ Sec. 602 amends the Ticket to Work and Work Incentives
Improvement Act of 1999 to accelerate the deadline for the Secretary of
the Treasury to make the second transfer to Puerto Rico and the Virgin
Islands of incremental increases in cover over excise taxes on
distilled spirits imported from such places.
---------------------------------------------------------------------------
* * * * * * *
(6) Trade Deficit Review Commission Act
Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-547, approved
October 21, 1998; as amended by Public Law 106-57 [Legislative Branch
Appropriations Act, 2000; H.R. 1905], 113 Stat. 407, approved September
29, 1999; and Pubic Law 107-107 [National Defense Authorization Act of
2002; S. 1438], 115 Stat. 1012, approved December 28, 2001
AN ACT Making omnibus consolidated and emergency supplemental
appropriations for the fiscal year ending September 30, 1999, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
* * * * * * *
Sec. 127.\1\ (a) Short Title.--This section may be cited as
the ``Trade Deficit Review Commission Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2213 note.
---------------------------------------------------------------------------
(b) Findings.--Congress makes the following findings:
(1) The United States continues to run substantial
merchandise trade and current account deficits.
(2) Economic forecasts anticipate continued growth in
such deficits in the next few years.
(3) The positive net international asset position
that the United States built up over many years was
eliminated in the 1980s. The United States today has
become the world's largest debtor nation.
(4) The United States merchandise trade deficit is
characterized by large bilateral trade imbalances with
a handful of countries.
(5) The United States has one of the most open
borders and economies in the world. The United States
faces significant tariff and nontariff trade barriers
with its trading partners. The United States does not
benefit from fully reciprocal market access.
(6) The United States is once again at a critical
juncture in trade policy development. The nature of the
United States trade deficit and its causes and
consequences must be analyzed and documented.
(c) Establishment of Commission.--
(1) Establishment.--There is established a commission
to be known as the Trade Deficit Review Commission
(hereafter in this section referred to as the
``Commission'').
(2) Purpose.--The purpose of the Commission is to
study the nature, causes, and consequences of the
United States merchandise trade and current account
deficits.
(3) Membership of commission.--
(A) Composition.--The Commission shall be
composed of 12 members as follows:
(i) Three persons shall be appointed
by the President pro tempore of the
Senate upon the recommendation of the
Majority Leader of the Senate, after
consultation with the Chairman of the
Committee on Finance.
(ii) Three persons shall be appointed
by the President pro tempore of the
Senate upon the recommendation of the
Minority Leader of the Senate, after
consultation with the ranking minority
member of the Committee on Finance.
(iii) Three persons shall be
appointed by the Speaker of the House
of Representatives, after consultation
with the Chairman of the Committee on
Ways and Means.
(iv) Three persons shall be appointed
by the Minority Leader of the House of
Representatives, after consultation
with the ranking minority member of the
Committee on Ways and Means.
(B) Qualifications of members.--
(i) Appointments.--Persons who are
appointed under subparagraph (A) shall
be persons who--
(I) have expertise in
economics, international trade,
manufacturing, labor,
environment, business, or have
other pertinent qualifications
or experience; and
(II) are not officers or
employees of the United States.
(ii) Other considerations.--In
appointing Commission members, every
effort shall be made to ensure that the
members--
(I) are representative of a
broad cross-section of economic
and trade perspectives within
the United States; and
(II) provide fresh insights
to analyzing the causes and
consequences of United States
merchandise trade and current
account deficits.
(4) Period of appointment; vacancies.--
(A) In general.--Members shall be appointed
not later than 60 days after the date of
enactment of this Act and the appointment shall
be for the life of the Commission.
(B) Vacancies.--Any vacancy in the Commission
shall not affect its powers, but shall be
filled in the same manner as the original
appointment.
(5) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold its first
meeting.
(6) Meetings.--The Commission shall meet at the call
of the Chairperson.
(7) Chairperson and vice chairperson.--The members of
the Commission shall elect a chairperson and vice
chairperson from among the members of the Commission.
(8) Quorum.--A majority of the members of the
Commission shall constitute a quorum for the
transaction of business.
(9) Voting.--Each member of the Commission shall be
entitled to 1 vote, which shall be equal to the vote of
every other member of the Commission.
(d) Duties of the Commission.--
(1) In general.--The Commission shall be responsible
for examining the nature, causes, and consequences of,
and the accuracy of available data on, the United
States merchandise trade and current account deficits.
(2) Issues to be addressed.--The Commission shall
examine and report to the President, the Committee on
Ways and Means of the House of Representatives, the
Committee on Finance of the Senate, and other
appropriate committees of Congress on the following:
(A) The relationship of the merchandise trade
and current account balances to the overall
well-being of the United States economy, and to
wages and employment in various sectors of the
United States economy.
(B) The impact that United States monetary
and fiscal policies may have on United States
merchandise trade and current account deficits.
(C) The extent to which the coordination,
allocation, and accountability of trade
responsibilities among Federal agencies may
contribute to the trade and current account
deficits.
(D) The causes and consequences of the
merchandise trade and current account deficits
and specific bilateral trade deficits,
including--
(i) identification and quantification
of--
(I) the macroeconomic factors
and bilateral trade barriers
that may contribute to the
United States merchandise trade
and current account deficits;
(II) any impact of the
merchandise trade and current
account deficits on the
domestic economy, industrial
base, manufacturing capacity,
technology, number and quality
of jobs, productivity, wages,
and the United States standard
of living;
(III) any impact of the
merchandise trade and current
account deficits on the defense
production and innovation
capabilities of the United
States; and
(IV) trade deficits within
individual industrial,
manufacturing, and production
sectors, and any relationship
between such deficits and the
increasing volume of intra-
industry and intra-company
transactions;
(ii) a review of the adequacy and
accuracy of the current collection and
reporting of import and export data,
and the identification and development
of additional data bases and economic
measurements that may be needed to
properly quantify the merchandise trade
and current account balances, and any
impact the merchandise trade and
current account balances may have on
the United States economy; and
(iii) the extent to which there is
reciprocal market access substantially
equivalent to that afforded by the
United States in each country with
which the United States has a
persistent and substantial bilateral
trade deficit, and the extent to which
such deficits have become structural.
(E) Any relationship of United States
merchandise trade and current account deficits
to both comparative and competitive trade
advantages within the global economy,
including--
(i) a systematic analysis of the
United States trade patterns with
different trading partners and to what
extent the trade patterns are based on
comparative and competitive trade
advantages;
(ii) the extent to which the
increased mobility of capital and
technology has changed both comparative
and competitive trade advantages;
(iii) any impact that labor,
environmental, or health and safety
standards may have on comparative and
competitive trade advantages;
(iv) the effect that offset and
technology transfer agreements have on
the long-term competitiveness of the
United States manufacturing sectors;
and
(v) any effect that international
trade, labor, environmental, or other
agreements may have on United States
competitiveness.
(F) The extent to which differences in the
growth rates of the United States and its
trading partners may impact on United States
merchandise trade and current account deficits.
(G) The impact that currency exchange rate
fluctuations and any manipulation of exchange
rates may have on United States merchandise
trade and current account deficits.
(H) The flow of investments both into and out
of the United States, including--
(i) any consequences for the United
States economy of the current status of
the United States as a debtor nation;
(ii) any relationship between such
investment flows and the United States
merchandise trade and current account
deficits and living standards of United
States workers;
(iii) any impact such investment
flows may have on United States labor,
community, environmental, and health
and safety standards, and how such
investment flows influence the location
of manufacturing facilities; and
(iv) the effect of barriers to United
States foreign direct investment in
developed and developing nations,
particularly nations with which the
United States has a merchandise trade
and current account deficit.
(e) Final Report.--
(1) In general.--Not later than 15 months \2\ after
the date of the initial meeting of the Commission, the
Commission shall submit to the President and Congress a
final report which contains--
---------------------------------------------------------------------------
\2\ Sec. 2501 of Public Law 106-246 (114 Stat. 556) struck out ``12
months'' and inserted in lieu thereof ``15 months''.
---------------------------------------------------------------------------
(A) the findings and conclusions of the
Commission described in subsection (d); and
(B) recommendations for addressing the
problems identified as part of the Commission's
analysis.
(2) Separate views.--Any member of the Commission may
submit additional findings and recommendations as part
of the final report.
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings,
sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
may find advisable to fulfill the requirements of this
section. The Commission shall hold at least 1 or more
hearings in Washington, D.C., and 4 in different
regions of the United States.
(2) Information from federal agencies.--The
Commission may secure directly from any Federal
department or agency such information as the Commission
considers necessary to carry out the provisions of this
section. Upon request of the Chairperson of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(3) Postal services.--The Commission may use the
United States mails in the same manner and under the
same conditions as other departments and agencies of
the Federal Government.
(g) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the
Commission shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is
engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--The members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the
Commission may, without regard to the civil
service laws and regulations, appoint and
terminate an executive director and such other
additional personnel as may be necessary to
enable the Commission to perform its duties.
The employment of an executive director shall
be subject to confirmation by the Commission.
(B) Compensation.--The Chairperson of the
Commission may fix the compensation of the
executive director and other personnel without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United
States Code, relating to classification of
positions and General Schedule pay rates,
except that the rate of pay for the executive
director and other personnel may not exceed the
rate payable for level V of the Executive
Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(5) Procurement of temporary and intermittent
services.--The Chairperson of the Commission may
procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at
rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section
5316 of such title.
(6) \3\ Applicability of certain pay authorities.--An
individual who is a member of the Commission and is an
annuitant or otherwise covered by section 8344 or 8468
of title 5, United States Code, by reason of membership
on the Commission is not subject to the provisions of
section 8344 or 8468 (whichever is applicable) with
respect to such membership.
---------------------------------------------------------------------------
\3\ Sec. 310(b) of the Legislative Branch Appropriations Act, 2000
(Public Law 106-57; 113 Stat. 428) added para (6).
Subsequently, sec. 1048(i)(10) of the National Defense
Authorization Act for 2002 (P.L. 107-107; 115 Stat. 1229) struck out
subpara. (A) designation and the text of subpara. (B). Previously
subpara. (B) read as follows:
``(B) Uniformed service.--An individual who is a member of the
Commission and is a member or former member of a uniformed service is
not subject to the provisions of subsections (b) and (c) of section
5532, United States Code, with respect to membership on the
Commission.''.
---------------------------------------------------------------------------
(h) Support Services.--The Administrator of the General
Services Administration shall provide to the Commission on a
reimbursable basis such administrative support services as the
Commission may request.
(i) Appropriations.--There are appropriated 2,000,000 to the
Commission to carry out the provisions of this section. Amounts
appropriated pursuant to this subsection shall remain available
until the date which is 90 days after the date on which the
Commission submits the final report described in subsection
(e).\4\
---------------------------------------------------------------------------
\4\ Sec. 310(a) of the Legislative Branch Appropriations Act, 2000
(Public Law 106-57; 113 Stat. 428) added this sentence.
---------------------------------------------------------------------------
(j) \5\ Federal Advisory Committee Act.--The provisions of
the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C.
App.) shall not apply to the Commission.
---------------------------------------------------------------------------
\5\ Sec. 310(c) of the Legislative Branch Appropriations Act, 2000
(Public Law 106-57; 113 Stat. 428) added subsecs. (j) and (k).
---------------------------------------------------------------------------
(k) \5\ Termination.--The Commission shall terminate 90 days
after the date on which the Commission submits the final report
under subsection (e).
* * * * * * *
(7) Steel Imports Into the United States
Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-591, approved
October 21, 1998
AN ACT Making omnibus consolidated and emergency supplemental
appropriations for the fiscal year ending September 30, 1999, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
Sec. 111. (a) Findings.--Congress makes the following
findings:
(1) The current financial crises in Asia, the
independent States of the former Soviet Union (as
defined in section 3 of the FREEDOM Support Act),
Russia, and other areas of the world, involve
significant depreciation in the currencies of several
key steel-producing and steel-consuming countries,
along with a collapse in the domestic demand for steel
in the countries.
(2) The crises have generated and will continue to
generate increases in United States imports of steel,
both from the countries whose currencies have been
depreciated and from other Asian steel-producing
countries that are no longer able to export steel to
the countries that are experiencing an economic crisis.
(3) United States imports of finished steel mill
products from Asian steel-producing countries, such as
the People's Republic of China, Japan, Korea, India,
Taiwan, Indonesia, Thailand, and Malaysia, increased by
79 percent in the first 5 months of 1998.
(4) Year-to-date imports of steel from Russia now
exceed the record import levels of 1997, and steel
imports from Russia and the Ukraine now approach
2,500,000 net tons.
(5) Foreign government trade restrictions and private
restraints of trade distort international trade and
investment patterns and result in burdens on United
States commerce, including absorption of a
disproportionate share of steel diverted from other
countries.
(6) The European Union, for example, despite also
being a major economy, in 1997 imported only one-tenth
as much finished steel products from Asian steel-
producing countries as the United States did and has
restricted imports of steel from the independent states
of the former Soviet Union and Russia.
(7) The United States is simultaneously facing a
substantial increase in steel imports from the
independent states of the former Soviet Union and
Russia, caused in part by the closure of Asian markets
to steel imports.
(8) There is a well recognized need for improvement
in the enforcement of the United States trade laws to
provide an effective response to situations of such
increased imports.
(b) Sense of Congress.--Congress calls upon the President
to--
(1) pursue enhanced enforcement of the United States
trade laws with respect to the increase in steel
imports into the United States, using all remedies
available under United States laws including imposition
of offsetting duties, quantitative restrictions, and
other appropriate remedial measures;
(2) pursue with all methods at the President's
disposal to achieve a more equitable sharing of the
burden of accepting imports of finished steel products
from Asia and the independent states of the former
Soviet Union;
(3) establish a task force within the executive
branch that has responsibility for closely monitoring
imports of steel into the United States; and
(4) report to Congress not later than January 5,
1999, with a comprehensive plan for responding to the
increase in steel imports, including ways of limiting
the deleterious effects on employment, prices, and
investment in the United States steel industry.
* * * * * * *
(8) Tariffs, Trade Barriers, and the Internet
Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-727, approved
October 21, 1998
AN ACT Making omnibus consolidated and emergency supplemental
appropriations for the fiscal year ending September 30, 1999, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION C--OTHER MATTERS
* * * * * * *
TITLE XII--OTHER PROVISIONS
* * * * * * *
SEC. 1203. DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN
TARIFFS, TRADE BARRIERS, AND OTHER RESTRICTIONS.
(a) In General.--It is the sense of Congress that the
President should seek bilateral, regional, and multilateral
agreements to remove barriers to global electronic commerce
through the World Trade Organization, the Organization for
Economic Cooperation and Development, the Trans-Atlantic
Economic Partnership, the Asia Pacific Economic Cooperation
forum, the Free Trade Area of the Americas, the North American
Free Trade Agreement, and other appropriate venues.
(b) Negotiating Objectives.--The negotiating objectives of
the United States shall be--
(1) to assure that electronic commerce is free from--
(A) tariff and nontariff barriers;
(B) burdensome and discriminatory regulation
and standards; and
(C) discriminatory taxation; and
(2) to accelerate the growth of electronic commerce
by expanding market access opportunities for--
(A) the development of telecommunications
infrastructure;
(B) the procurement of telecommunications
equipment;
(C) the provision of Internet access and
telecommunications services; and
(D) the exchange of goods, services, and
digitalized information.
(c) Electronic Commerce.--For purposes of this section, the
term ``electronic commerce'' has the meaning given that term in
section 1104(3).
* * * * * * *
(9) Clarification of Normal Trade Relations
Partial text of Public Law 105-206 [H.R. 2676], 112 Stat. 686, approved
July 22, 1998
AN ACT To amend the Internal Revenue Code of 1986 to restructure and
reform the Internal Revenue Service, and for other purposes.
Note.--Public Law 105-206 consists primarily of
amendments to the Internal Revenue Code. Sec. 5003(b)
amends applicable trade statutes by striking out
``most-favored-nation'' (MFN) and inserting in lieu
thereof ``normal trade relations'' (NTR).
TITLE V--ADDITIONAL PROVISIONS
* * * * * * *
SEC. 5003.\1\ CLARIFICATION OF DESIGNATION OF NORMAL TRADE RELATIONS.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2481 note.
---------------------------------------------------------------------------
(a) Findings and Policy.--
(1) Findings.--The Congress makes the following
findings:
(A) Since the 18th century, the principle of
nondiscrimination among countries with which
the United States has trade relations, commonly
referred to as ``most-favored-nation''
treatment, has been a cornerstone of United
States trade policy.
(B) Although the principle remains firmly in
place as a fundamental concept in United States
trade relations, the term ``most-favored-
nation'' is a misnomer which has led to public
misunderstanding.
(C) It is neither the purpose nor the effect
of the most-favored-nation principle to treat
any country as ``most favored''. To the
contrary, the principle reflects the intention
to confer on a country the same trade benefits
that are conferred on any other country, that
is, the intention not to discriminate among
trading partners.
(D) The term ``normal trade relations'' is a
more accurate description of the principle of
nondiscrimination as it applies to the tariffs
applicable generally to imports from United
States trading partners, that is, the general
rates of duty set forth in column 1 of the
Harmonized Tariff Schedule of the United
States.
(2) Policy.--It is the sense of the Congress that--
(A) the language used in United States laws,
treaties, agreements, executive orders,
directives, and regulations should more clearly
and accurately reflect the underlying
principles of United States trade policy; and
(B) accordingly, the term ``normal trade
relations'' should, where appropriate, be
substituted for the term ``most-favored-
nation''.
(b) Change in Terminology.-- \2\ * * *
---------------------------------------------------------------------------
\2\ Subsec. (b) makes amendments to U.S. trade laws to reflect
terminology changes.
---------------------------------------------------------------------------
(c) Savings Provisions.--Nothing in this section shall
affect the meaning of any provision of law, Executive order,
Presidential proclamation, rule, regulation, delegation of
authority, other document, or treaty or other international
agreement of the United States relating to the principle of
``most-favored-nation'' (or ``most favored nation'') treatment.
Any Executive order, Presidential proclamation, rule,
regulation, delegation of authority, other document, or treaty
or other international agreement of the United States that has
been issued, made, granted, or allowed to become effective and
that is in effect on the effective date of this Act, or was to
become effective on or after the effective date of this Act,
shall continue in effect according to its terms until modified,
terminated, superseded, set aside, or revoked in accordance
with law.
* * * * * * *
(10) World Trade Organization Transparency
Partial text of Public Law 105-174 [1998 Supplemental Appropriations
and Rescissions Act; H.R. 3579], 112 Stat. 58, approved May 1, 1998
AN ACT Making emergency supplemental appropriations for the fiscal year
ending September 30, 1998, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE III--SUPPLEMENTAL APPROPRIATIONS
* * * * * * *
GENERAL PROVISIONS--THIS TITLE
* * * * * * *
Sec. 10006. The President shall instruct the United States
Representatives to the World Trade Organization to seek the
adoption of procedures that will ensure broader application of
the principles of transparency and openness in the activities
of the organization, including by urging the World Trade
Organization General Council to--
(1) permit appropriate meetings of the Council, the
Ministerial conference, dispute settlement panels, and
the Appellate Body to be made open to the public; and
(2) provide for timely public summaries of the
matters discussed and decisions made in any closed
meeting of the Conference or Council.
* * * * * * *
(11) Uruguay Round Agreements Act
Partial text of Public Law 103-465 [H.R. 5110], 108 Stat. 4809,
approved December 8, 1994; as amended by Public Law 104-127 [Federal
Agriculture Improvement and Reform Act of 1996; H.R. 2854], 110 Stat.
888, approved April 4, 1996; Public Law 104-188 [Small Business Job
Protection Act of 1996; H.R. 3448], 110 Stat. 1755, approved August 20,
1996; and Public Law 104-295 [Miscellaneous Trade and Technical
Corrections Act of 1996; H.R. 3815], 110 Stat. 3514, approved October
11, 1996
AN ACT To approve and implement the trade agreements concluded in the
Uruguay Round of multilateral trade negotiations.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uruguay
Round Agreements Act''.
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\1\ 19 U.S.C. 3501 note.
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(b) Table of Contents.--* * *
SEC. 2.\2\ DEFINITIONS.
For purposes of this Act:
---------------------------------------------------------------------------
\2\ 19 U.S.C. 3501.
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(1) GATT 1947; gatt 1994.--
(A) GATT 1947.--The term ``GATT 1947'' means
the General Agreement on Tariffs and Trade,
dated October 30, 1947, annexed to the Final
Act Adopted at the Conclusion of the Second
Session of the Preparatory Committee of the
United Nations Conference on Trade and
Employment, as subsequently rectified, amended,
or modified by the terms of legal instruments
which have entered into force before the date
of entry into force of the WTO Agreement.
(B) GATT 1994.--The term ``GATT 1994'' means
the General Agreement on Tariffs and Trade
annexed to the WTO Agreement.
(2) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
(3) International trade commission.--The term
``International Trade Commission'' means the United
States International Trade Commission.
(4) Multilateral trade agreement.--The term
``multilateral trade agreement'' means an agreement
described in section 101(d) of this Act (other than an
agreement described in paragraph (17) or (18) of such
section).
(5) Schedule xx.--The term ``Schedule XX'' means
Schedule XX--United States of America annexed to the
Marrakesh Protocol to the GATT 1994.
(6) Trade representative.--The term ``Trade
Representative'' means the United States Trade
Representative.
(7) Uruguay round agreements.--The term ``Uruguay
Round Agreements'' means the agreements approved by the
Congress under section 101(a)(1).
(8) World trade organization and wto.--The terms
``World Trade Organization'' and ``WTO'' mean the
organization established pursuant to the WTO Agreement.
(9) WTO agreement.--The term ``WTO Agreement'' means
the Agreement Establishing the World Trade Organization
entered into on April 15, 1994.
(10) WTO members and wto member country.--The terms
``WTO member'' and ``WTO member country'' means a
state, or separate customs territory (within the
meaning of Article XII of the WTO Agreement), with
respect to which the United States applies the WTO
Agreement.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE URUGUAY
ROUND AGREEMENTS
Subtitle A--Approval of Agreements and Related Provisions
SEC. 101.\3\ APPROVAL AND ENTRY INTO FORCE OF THE URUGUAY ROUND
AGREEMENTS.
(a) Approval of Agreements and Statement of Administrative
Action.--Pursuant to section 1103 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2903) and section 151 of
the Trade Act of 1974 (19 U.S.C. 2191), the Congress approves--
---------------------------------------------------------------------------
\3\ 19 U.S.C. 3511.
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(1) the trade agreements described in subsection (d)
resulting from the Uruguay Round of multilateral trade
negotiations under the auspices of the General
Agreement on Tariffs and Trade, entered into on April
15, 1994, and submitted to the Congress on September
27, 1994; and
(2) the statement of administrative action proposed
to implement the agreements that was submitted to the
Congress on September 27, 1994.
(b) \4\ Entry Into Force.--At such time as the President
determines that a sufficient number of foreign countries are
accepting the obligations of the Uruguay Round Agreements, in
accordance with article XIV of the WTO Agreement, to ensure the
effective operation of, and adequate benefits for the United
States under, those Agreements, the President may accept the
Uruguay Round Agreements and implement article VIII of the WTO
Agreement.
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\4\ In a memorandum for the USTR, the President, on December 23,
1994, determined that, with the commitment of Canada, the European
Community, Mexico, Japan, and other major trading countries, a
sufficient number of foreign countries had accepted the obligations of
the Agreement Establishing the World Trade Organization, and so
directed the USTR or his designee to accept the Uruguay Round
Agreements on behalf of the United States (60 F.R. 1003).
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(c) Authorization of Appropriations.--There are authorized
to be appropriated annually such sums as may be necessary for
the payment by the United States of its share of the expenses
of the WTO.
(d) Trade Agreements to Which This Act Applies.--Subsection
(a) applies to the WTO Agreement and to the following
agreements annexed to that Agreement:
(1) The General Agreement on Tariffs and Trade 1994.
(2) The Agreement on Agriculture.
(3) The Agreement on the Application of Sanitary and
Phytosanitary Measures.
(4) The Agreement on Textiles and Clothing.
(5) The Agreement on Technical Barriers to trade.
(6) The Agreement on Trade-Related Investment
Measures.
(7) The Agreement on Implementation of Article VI of
the General Agreement on Tariffs and Trade 1994.
(8) The Agreement on Implementation of Article VII of
the General Agreement on Tariffs and Trade 1994.
(9) The Agreement on Preshipment Inspection.
(10) The Agreement on Rules of Origin.
(11) The Agreement on Import Licensing Procedures.
(12) The Agreement on Subsidies and Countervailing
Measures.
(13) The Agreement on Safeguards.
(14) The General Agreement on Trade in Services.
(15) The Agreement on Trade-Related Aspects of
Intellectual Property Rights.
(16) The Understanding on Rules and Procedures
Governing the Settlement of Disputes.
(17) The Agreement on Government Procurement.
(18) The International Bovine Meat Agreement.
SEC. 102.\5\ RELATIONSHIP OF THE AGREEMENTS TO UNITED STATES LAW AND
STATE LAW.
(a) Relationship of Agreements to United States Law.--
(1) United states law to prevail in conflict.--No
provision of any of the Uruguay Round agreements, nor
the application of any such provision to any person or
circumstance, that is inconsistent with any law of the
United States shall have effect.
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\5\ 19 U.S.C. 3512.
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(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States, including any law relating to--
(i) the protection of human, animal,
or plant life or health,
(ii) the protection of the
environment, or
(iii) worker safety, or
(B) to limit any authority conferred under
any law of the United States, including section
301 of the Trade Act of 1974,
unless specifically provided for in this Act.
(b) * * *
(c) * * *
(d) * * *
SEC. 103.\6\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE;
REGULATIONS.
(a) Implementing Actions.--After that date of the enactment
of this Act--
---------------------------------------------------------------------------
\6\ 19 U.S.C. 3513.
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(1) the President may proclaim such actions, and
(2) other appropriate officers of the United States
Government may issue such regulations,
as may be necessary to ensure that any provision of this Act,
or amendment made by this Act, that takes effect on the date
any of the Uruguay Round Agreements enters into force with
respect to the United States is appropriately implemented on
such date. Such proclamation or regulation may not have an
effective date earlier than the date of entry into force with
respect to the United States of the agreement to which the
proclamation or regulation relates.
(b) Regulations.--Any interim regulation necessary or
appropriate to carry out any action proposed in the statement
of administrative action approved under section 101(a) to
implement an agreement described in section 101(d) (7), (12),
or (13) shall be issued not later than 1 year after the date on
which the agreement enters into force with respect to the
United States.
* * * * * * *
Subtitle D--Related Provisions
SEC. 131.\7\ WORKING PARTY ON WORKER RIGHTS.
(a) In General.--The President shall seek the establishment
in the GATT 1947, and, upon entry into force of the WTO
Agreement with respect to the United States, in the WTO, of a
working party to examine the relationship of internationally
recognized worker rights, as defined in section 507(4) \8\ of
the Trade Act of 1974, to the articles, objectives, and related
instruments of the GATT 1947 and of the WTO, respectively.
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\7\ 19 U.S.C. 3551.
\8\ Sec. 1954(a)(6) of Public Law 104-188 (110 Stat. 1928) struck
out ``504(a)(7)'' and inserted in lieu thereof ``507(4)''.
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(b) Objectives of Working Party.--The objectives of the
United States for the working party described in subsection (a)
are to--
(1) explore the linkage between international trade
and internationally recognized worker rights, as
defined in section 507(4) \8\ of the Trade Act of 1974,
taking into account differences in the level of
development among countries;
(2) examine the effects on international trade of the
systematic denial of such rights;
(3) consider ways to address such effects; and
(4) develop methods to coordinate the work program of
the working party with the International Labor
Organization.
(c) Report to Congress.--The President shall report to the
Congress, not later than 1 year after the date of the enactment
of this Act, on the progress made in establishing the working
party under this section, and on United States objectives with
respect to the working party's work program.
SEC. 132.\9\ IMPLEMENTATION OF RULES OF ORIGIN WORK PROGRAM.
If the President enters into an agreement developed under
the work program described in Article 9 of the Agreement on
Rules of Origin referred to in section 101(d)(10), the
President may implement United States obligations under such an
agreement under United States law only pursuant to authority
granted to the President for that purpose by law enacted after
the effective date of this section.\10\
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\9\ 19 U.S.C. 3552.
\10\ Sec. 20(a)(2) of Public Law 104-295 (110 Stat. 3527) struck
out ``title'' and inserted in lieu thereof ``section''.
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SEC. 133.\11\ MEMBERSHIP IN WTO OF BOYCOTTING COUNTRIES.
It is the sense of the Congress that the Trade
Representative should vigorously oppose the admission into the
World Trade Organization of any country which, through its
laws, regulations, official policies, or governmental
practices, fosters, imposes, complies with, furthers, or
supports any boycott described in section 8(a) of the Export
Administration Act of 1979 (50 U.S.C. App. 2407(a)) (as in
effect on August 20, 1994), including requiring or encouraging
entities within that country to refuse to do business with
persons who do not comply with requests to take any action
prohibited under that section.
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\11\ 19 U.S.C. 3553.
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SEC. 134.\12\ AFRICA TRADE AND DEVELOPMENT POLICY.
(a) Development of Policy.--The President should develop
and implement a comprehensive trade and development policy for
the countries of Africa.
---------------------------------------------------------------------------
\12\ 19 U.S.C. 3554.
---------------------------------------------------------------------------
(b) Reports to Congress.--The President shall, not later
than 12 months after the date of the enactment of this Act and
annually thereafter for a period of 4 years, submit to the
Committee on Ways and Means and the Committee on Foreign
Affairs \13\ of the House of Representatives, the Committee on
Finance and the Committee on Foreign Relations of the Senate,
and other appropriate committees of the Congress, a report on
the steps taken to carry out subsection (a).
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\13\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives should be treated as referring to the Committee on
International Relations of the House of Representatives.
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* * * * * * *
TITLE IV--AGRICULTURE-RELATED PROVISIONS
Subtitle A--Agriculture
* * * * * * *
Part II--Exports
SEC. 411.\14\ EXPORT PROGRAMS.
(a) Export Enhancement Program.--
(1) Short title.--This subsection may be cited as the
``Export Enhancement Program Amendments of 1994''.
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\14\ 7 U.S.C. 5601 note.
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(2) * * *
(3) * * *
(4) * * *
(b) * * *
(c) * * *
(d) * * *
(e) \15\ * * * [Repealed--1996]
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\15\ Formerly at 19 U.S.C. 3611. Sec. 201(b) of the Federal
Agriculture Improvement and Reform Act (Public Law 104-127; 110 Stat.
951) repealed sec. 411 after inserting nearly identical language into
sec. 3 of the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691a; see Legislation on Foreign Relations Through 2005,
vol. I-B).
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* * * * * * *
(12) Jobs Through Exports Act of 1992
Partial text of Public Law 102-549 [Jobs Through Exports Act of 1992;
H.R. 4996], 106 Stat. 3651, approved October 28, 1992; as amended by
Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995;
S. 790], 109 Stat. 707, approved December 21, 1995
Note.--The Jobs Through Exports Act of 1992 primarily
consists of amendments to the Foreign Assistance Act of
1961, Trade and Development Enhancement Act of 1983,
Agricultural Trade Development and Assistance Act of
1954, and 5 U.S.C. These amendments have been
incorporated into those Acts and sections of the U.S.
Code at the appropriate locations.
These freestanding sections are also printed in
Legislation on Foreign Relations Through 2005, vols. I-
A and I-B.
AN ACT To extend the authorities of the Overseas Private Investment
Corporation, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Jobs Through Exports Act of
1992''.
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\1\ 22 U.S.C. 2151 note.
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* * * * * * *
TITLE III--AID, TRADE, AND COMPETITIVENESS
SEC. 301.\2\ SHORT TITLE.
This title may be cited as the ``Aid, Trade, and
Competitiveness Act of 1992''.
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\2\ 22 U.S.C. 2421a note.
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SEC. 302.\3\ CAPITAL PROJECTS OFFICE WITHIN THE AGENCY FOR
INTERNATIONAL DEVELOPMENT.
(a) Establishment of Office.--The Administrator of AID
shall establish a capital projects office to carry out the
purposes described in subsection (b).
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2421a.
---------------------------------------------------------------------------
(b) Purposes of Office.--The purposes referred to in
subsection (a) are--
(1) to develop an AID program that would focus solely
on developmentally sound capital projects, taking into
consideration development needs of the host country and
the export opportunities for the United States; and
(2) to consider specifically opportunities for United
States high-technology firms, including small- and
medium-sized firms, in supporting capital projects for
developing countries and for countries making the
transition from nonmarket to market economies.
(c) Activities of AID.--The Administrator of AID (acting
through the capital projects office), in coordination with the
appropriate members of the Trade Promotion Coordination
Committee--
(1) shall support capital projects in developing
countries and in countries making the transition from
nonmarket to market economies;
(2) shall periodically review infrastructure needs in
developing countries and countries making the
transition from nonmarket to market economies and shall
explore opportunities for United States firms in the
development of new capital projects in these countries,
keeping both United States firms and the Congress
informed of these reviews;
(3) shall ensure that each capital project for which
AID provides funding is developmentally sound, as
determined under the criteria developed by the
Development Assistance Committee of the Organization
for Economic Cooperation and Development;
(4) shall coordinate its activities with other AID
offices, and work with AID country missions, in
developing capital projects that provide opportunities
for United States firms consistent with AID's primary
mission to help developing countries with traditional
development projects;
(5) shall coordinate, where appropriate, funds
available to AID for tied-aid purposes; and
(6) shall play a special role in helping to meet the
infrastructure needs of countries making the transition
from nonmarket to market economies by meeting the
challenge of infrastructure assistance provided by
foreign governments to those countries, including by
undertaking a comprehensive study of the infrastructure
needs of the various countries making the transition
from nonmarket to market economies--
(A) to identify those sectors in the
economies of these countries that are most in
need of rebuilding, and
(B) to identify the state of technology in
these countries and the opportunity for United
States high technology firms to help develop a
technological infrastructure in these
countries, including an assessment of export
opportunities for United States high technology
companies.
The results of the study conducted pursuant to
paragraph (6) shall be reported to the appropriate
congressional committees within 12 months after the
date of the enactment of this Act.
SEC. 303.\4\ CAPITAL PROJECTS FOR POVERTY ALLEVIATION AND ENVIRONMENTAL
SAFETY AND SUSTAINABILITY.
(a) Purposes.--The Administrator of AID shall develop a
program, in accordance with subsection (b), that focuses on
developmentally sound capital projects for basic infrastructure
that will measurably alleviate the worst manifestations of
poverty or directly promote environmental safety and
sustainability at the community level, taking into
consideration development needs of the host country and export
opportunities for services and goods from the United States.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 2421b.
---------------------------------------------------------------------------
(b) Activities of AID.--In order to carry out subsection
(a), the Administrator of AID shall, working with AID technical
support staff, regional bureau staff, and country missions,
identify and provide funding for capital projects to alleviate
the worst manifestations of poverty or to promote environmental
safety and sustainability at the community level in countries
receiving assistance under part I of the Foreign Assistance Act
of 1961. Such projects may include basic sanitation systems,
basic water supply and treatment, pollution control, and rural
infrastructure benefiting poor communities or establishing
environmentally sustainable patterns of rural development. Such
projects should have measurable positive effects on indicators
of human and environmental health.
SEC. 304.\5\ COORDINATION.
The President shall use the Trade Promotion Coordination
Committee to coordinate activities under this title with other
relevant activities of the United States Government.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 2421c.
---------------------------------------------------------------------------
SEC. 305.\6\ REPORTS TO CONGRESS ON CAPITAL PROJECTS.
Not later than May 1, 1993, the President shall submit to
the Congress a report describing--
---------------------------------------------------------------------------
\6\ 22 U.S.C. 2421a note.
---------------------------------------------------------------------------
(1) the extent to which United States Government
resources have been expended specifically to support
the projects described in this title in developing
countries and countries making the transition from
nonmarket to market economies;
(2) the extent to which the activities of the United
States Government have been coordinated pursuant to
section 304; and
(3) the extent to which United States Government
capital projects and tied-aid credit programs have
affected United States exports.
SEC. 306.\7\ FUNDING FOR CAPITAL PROJECTS.
(a) Funding Level.--The Congress strongly urges the
President to use at least $650,000,000 for fiscal year 1993 and
at least $700,000,000 for fiscal year 1994 of the total amounts
made available for assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (relating to the economic
support fund), assistance under the Support for East European
Democracy (SEED) Act of 1989, assistance under the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992, and assistance under the Multilateral
Assistance Initiative for the Philippines, for grants for
developmentally sound capital projects. Such grants may be
combined with financing offered by private financial entities
or other entities.
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\7\ 22 U.S.C. 2421d.
---------------------------------------------------------------------------
(b) Development Assistance Capital Projects.--Funds
appropriated to carry out chapter 1 or chapter 10 of part I of
the Foreign Assistance Act of 1961 (relating to development
assistance and the Development Fund for Africa) may not be used
for capital projects that do not meet the criteria contained in
section 303 of this Act. This subsection does not apply with
respect to capital projects for which funds have been obligated
or expended before the date of the enactment of this Act.
SEC. 307.\8\ REPORT ON THE FEASIBILITY OF AID CREDIT GUARANTEES TO
FINANCE CAPITAL PROJECTS.
Not later than May 1, 1993, the President shall submit to
the Committee on Foreign Affairs \9\ and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate a report on the feasibility of
allowing AID to offer credit guarantees for the financing of
capital projects.
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\8\ 22 U.S.C. 2421a note.
\9\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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SEC. 308.\10\ DEFINITIONS.
For purposes of this title--
---------------------------------------------------------------------------
\10\ 22 U.S.C. 2421e.
---------------------------------------------------------------------------
(1) the term ``AID'' means the Agency for
International Development; and
(2) the term ``capital project'' means a project
involving the construction, expansion, alteration of,
or the acquisition of equipment for, a physical
facility or physical infrastructure, including related
engineering design (concept and detail) and other
services, the procurement of equipment (including any
related services), and feasibility studies or similar
engineering and economic services.
TITLE IV--UNITED STATES COMMERCIAL CENTERS
SEC. 401.\11\ UNITED STATES COMMERCIAL CENTERS.
(a) Establishment.--The Secretary of Commerce, in his or
her role as chairperson of the Trade Promotion Coordinating
Committee, is authorized and encouraged to establish United
States Commercial Centers (hereinafter in this section referred
to as ``Centers'') in Asia, in Latin America, and in Africa.
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\11\ 22 U.S.C. 4723a.
---------------------------------------------------------------------------
(b) Purpose of the Centers.--The purpose of the Centers
shall be to provide additional resources for the promotion of
exports of United States goods and services to the host
countries, by familiarizing United States exporters with the
industries, markets, and customs of the host countries, thus
facilitating commercial ties and trade.
(c) Functions of the Centers.--Each Center shall--
(1) collect and publish economic and market data with
respect to the host country;
(2) provide, on a user-fee basis, preliminary
technical and clerical assistance, language
translation, and administrative assistance, and
information regarding the legal systems, laws,
regulations, and procedures of the host country, to
United States exporters seeking to do business in the
host country; and
(3) in other ways promote exports of United States
goods and services to the host country.
(d) Specific Services To Be Provided.--To carry out its
objectives, each Center shall make available the following (on
a user-fee basis):
(1) Business facilities.--Business facilities,
including exhibition space, conference rooms, office
space (including telephones and other basic office
equipment), and, where warranted by impeding
deficiencies in the public system, high quality
international telecommunications facilities.
(2) Business services.--Business support services,
including language translation services, clerical
services, and a commercial library containing a
comprehensive collection of reference materials
covering United States and host country industries and
markets.
(3) Commercial law information services.--Commercial
law information services, including--
(A) a clearinghouse for information regarding
the relevant commercial laws, practices, and
regulations of the host country;
(B) publications to assist United States
businesses;
(C) legal referral services; and
(D) lists of local agents and distributors.
(e) Other Trade Promotion Activities.--Each Center shall
also promote United States export trade by--
(1) facilitating contacts between buyers, sellers,
bankers, traders, distributors, agents, and necessary
government officials from the United States and the
host country;
(2) coordinating trade missions; and
(3) assisting with applications, contracts, and
clearances for imports into the host country and
exports from the United States.
(f) Staffing of Centers.--Each Center shall be staffed by
members of the United States and Foreign Commercial Service,
participants in the Market Development Cooperator Program
established under section 2303 of the Export Enhancement Act of
1988 (15 U.S.C. 4723), other employees of the Department of
Commerce, and employees of appropriate executive branch
departments and agencies which are members of the Trade
Promotion Coordinating Committee.
(g) Center Facilities and Their Relationship to United
States Department of Commerce Operations in Host Countries.--
(1) Physical accommodations for the centers.--The
Secretary of Commerce shall locate each Center in the
primary commercial city of the host country. The
Secretary shall acquire office space, exhibition space,
and other facilities and equipment that are necessary
for each Center to perform its functions. To the extent
feasible, each Center shall be located in the central
commercial district of the host city.
(2) Consolidation of department of commerce
operations in host countries.--For the purpose of
obtaining maximum effectiveness and efficiency and to
the extent consistent with the purposes of the Centers,
the Secretary of Commerce is encouraged to place all
personnel of the Department of Commerce who are
assigned to the city in which a Center is located in
the same facilities as those in which the Center
conducts its activities.
(h) Use of Market Development Cooperator Program.--The
Secretary of Commerce shall, to the greatest extent feasible,
use the Market Development Cooperator Program established under
section 2303 of the Export Enhancement Act of 1988 (15 U.S.C.
4723) to assist in carrying out the purposes of the Centers
established under this section.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce to carry out
this section $8,000,000 for fiscal year 1993, and $5,500,000
for fiscal year 1994. Funds made available under this
subsection may be used for the acquisition of real property.
(j) \12\ * * * [Repealed--1996]
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\12\ Sec. 1021(b) of Public Law 104-66 (109 Stat. 712) repealed
subsec. (j), which had required the Secretary of Commerce to report
annually to the House Committee on International Relations and the
Senate Committee on Banking, Housing and Urban Affairs on the status,
activities, and effectiveness of Commercial Centers.
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(k) Definitions.--For purposes of this section--
(1) the term ``United States exporter'' means--
(A) a United States citizen,
(B) a corporation, partnership, or other
association created under the laws of the
United States or of any State, or
(C) a foreign corporation, partnership, or
other association, more than 95 percent of
which is owned by persons described in
subparagraphs (A) and (B),
that exports, or seeks to export, goods or services
produced in the United States;
(2) the term ``State'' means any of the several
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States; and
(3) the term ``United States'' means the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
TITLE V--OTHER EXPORT PROMOTION ACTIVITIES
SEC. 501.\13\ ADDITIONAL PROCUREMENT OFFICERS.
(a) Appointment.--The Secretary of Commerce, in
consultation with the Secretary of the Treasury, shall appoint
one or more full-time additional procurement officers, for each
multilateral development bank, to promote exports of goods and
services from the United States by doing the following:
---------------------------------------------------------------------------
\13\ 22 U.S.C. 262s-2 note.
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(1) Acting as the liaison between the business
community and one or more multilateral development
banks, whether or not the banks have offices in the
United States. The Secretary of Commerce shall ensure
that the procurement officer has access to, and
disseminates to United States businesses, information
relating to projects which are being proposed by the
multilateral development bank involved, and bid
specifications and deadlines for projects about to be
developed by the bank. The procurement officer shall
make special efforts to disseminate such information to
small- and medium-sized businesses interested in
participating in such projects. The procurement officer
shall explore opportunities for disseminating such
information through private sector, nonprofit
organizations.
(2) Taking actions to assure that United States
businesses are fully informed of bidding opportunities
for projects for which loans have been made by the
multilateral development bank involved.
(3) Taking actions to assure that United States
businesses can focus on projects in which they have a
particular interest or competitive advantage, and to
permit them to compete and have an equal opportunity in
submitting timely and conforming bidding documents.
(b) Definition.--As used in this section, the term
``multilateral development bank'' has the meaning given that
term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce $1,000,000 for
each of the fiscal years 1993 and 1994 to carry out this
section. Amounts appropriated pursuant to this subsection shall
be available only for the purpose of making the appointment of
additional procurement officers required by subsection (a).
* * * * * * *
TITLE VII--TRADE PROMOTION EXPANSION
SEC. 701. INCREASE IN COMMERCIAL SERVICE OFFICERS IN CERTAIN COUNTRIES.
(a) Authorization of Appropriations.--In addition to
amounts otherwise available, there are authorized to be
appropriated $5,000,000 for each of the fiscal years 1993 and
1994 for use by the Assistant Secretary of Commerce and
Director General of the United States and Foreign Commercial
Service in accordance with subsection (b).
(b) Use of Funds.--Amounts appropriated pursuant to
subsection (a) shall be available only for placing and
maintaining 20 additional Commercial Service Officers abroad.
The Secretary of Commerce, acting through the Assistant
Secretary of Commerce and Director General of the United States
and Foreign Commercial Service, may place such additional
Commercial Service Officers--
(1) in countries with which the United States has the
largest trade deficit, and
(2) in newly emerging market economy countries, with
democratically elected governments, in Central and
Eastern Europe and elsewhere.
(c) Report to Congress.--The Secretary of Commerce, acting
through the Assistant Secretary of Commerce and the Director
General of the United States and Foreign Commercial Service,
shall, not later than December 31, 1994, submit to the
Committee on Foreign Affairs of the House of Representatives
\9\ and the Committee on Banking, Housing, and Urban Affairs of
the Senate on the implementation of subsection (b). Each report
shall specify--
(1) in what countries the additional Commercial
Service Officers were placed, and the number of such
officers placed in each such country; and
(2) the effectiveness of the presence of the
additional Commercial Service Officers in increasing
United States exports to the countries in which such
officers were placed.
TITLE VIII--GENERAL PROVISIONS
SEC. 801.\14\ IMPACT ON EMPLOYMENT IN THE UNITED STATES.
No funds made available to carry out any provision of this
Act or the amendments made by this Act may be obligated or
expended for any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States, if such incentive or inducement is likely to reduce the
number of employees in the United States because United States
production is being replaced by such enterprise outside the
United States.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 2151 note.
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SEC. 802.\15\ INTERNATIONALLY RECOGNIZED WORKER RIGHTS.
No funds made available to carry out any provision of this
Act or the amendments made by this Act may be obligated or
expended for any project or activity that contributes to the
violation of internationally recognized workers rights, as
defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
in that country.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 2151 note.
(13) Omnibus Trade and Competitiveness Act of 1988
Partial text of Public Law 100-418 [H.R. 4848], 102 Stat. 1107,
approved August 23, 1988; as amended by Public Law 100-647 [Technical
and Miscellaneous Revenue Act of 1988; H.R. 4333], 102 Stat. 3342,
approved November 10, 1988; Public Law 101-240 [International
Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492,
approved December 19, 1989; Public Law 101-382 [Customs and Trade Act
of 1990; H.R. 1594], 104 Stat. 629, approved August 20, 1990; Public
Law 102-429 [Export Enhancement Act of 1992; H.R. 5739], 106 Stat.
2186, approved October 21, 1992; Public Law 102-549 [Jobs Through
Exports Act of 1992; H.R. 4996], 106 Stat. 3651, approved October 28,
1992; Public Law 103-49 [H.R. 1876], 107 Stat. 239, approved July 2,
1993; Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317,
approved December 17, 1993; Public Law 103-236 [Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat.
382, approved April 30, 1994; Public Law 103-382 [Improving America's
Schools Act of 1994; H.R. 6], 108 Stat. 3518, approved October 20,
1994; Public Law 103-392 [Jobs Through Trade Expansion Act of 1994;
H.R. 4950], 108 Stat. 4098, approved October 22, 1994; Public Law 103-
465 [Uruguay Round Agreements Act; H.R. 5110], 108 Stat. 4809, approved
December 8, 1994; Public Law 104-65 [Lobbying Disclosure Act of 1995;
S. 1060], 109 Stat. 691, approved December 19, 1995; Public Law 104-66
[Federal Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat.
707, approved December 21, 1995; Public Law 104-188 [Small Business Job
Protection Act of 1996; H.R. 3448], 110 Stat. 1755, approved August 20,
1996; Public Law 104-288 [United States National Tourism Organization
Act of 1996; H.R. 2579], 110 Stat. 3402, approved October 11, 1996;
Public Law 104-295 [Miscellaneous Trade and Technical Corrections Act
of 1996; H.R. 3815], 110 Stat. 3514, approved October 11, 1996; Public
Law 105-258 [Ocean Shipping Reform Act of 1998; S. 414], 112 Stat.
1902, approved October 14, 1998; and Public Law 106-158 [Export
Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745, approved December
9, 1999
Note.--The Omnibus Trade and Competitiveness Act of
1988 consists of amendments to several Public Laws
relating to tariff and trade. Amendments have been
incorporated at the appropriate places. Freestanding
provisions are presented here, or it is noted where
such provisions appear elsewhere in this compilation.
AN ACT To enhance the competitiveness of American industry, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) \1\ Short Title.--This Act may be cited as the ``Omnibus
Trade and Competitiveness Act of 1988''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2901 note.
---------------------------------------------------------------------------
(b) Table of Contents.--
Page
Sec. 1. Short title and table of contents........................ 686
Sec. 2. Legislative history of H.R. 3 applicable................. 690
TITLE I--TRADE, CUSTOMS, AND TARIFF LAWS
Sec. 1001. Findings and purposes................................. 690
Subtitle A--United States Trade Agreements
part 1--negotiation and implementation of trade agreements
Sec. 1101. Overall and principal trade negotiating objectives of
the United States.............................................. 691
Sec. 1102. Trade agreement negotiating authority................. 696
Sec. 1103. Implementation of trade agreements.................... 700
Sec. 1105. Termination and reservation authority; reciprocal
nondiscriminatory treatment.................................... 704
Sec. 1106. Accession of state trading regimes to the General
Agreement on Tariffs and Trade or the WTO...................... 705
Sec. 1107. Definitions and conforming amendments................. 706
part 3--other trade agreement and negotiation provisions
Sec. 1121. Implementation of Nairobi Protocol.................... 707
Sec. 1122. Implementation of United States-EC Agreement on citrus
and pasta...................................................... 709
Sec. 1123. Extension of International Coffee Agreement Act of
1980........................................................... 710
Sec. 1124. Negotiations on currency exchange rates............... 710
Sec. 1125. Reports on negotiations to eliminate wine trade
barriers....................................................... 710
Subtitle B--Implementation of the Harmonized Tariff Schedule
Sec. 1201. Purposes.............................................. 711
Sec. 1202. Definitions........................................... 711
Sec. 1203. Congressional approval of United States accession to
the Convention................................................. 712
Sec. 1204. Enactment of the Harmonized Tariff Schedule........... 712
Sec. 1205. Commission review of, and recommendations regarding,
the Harmonized Tariff Schedule................................. 714
Sec. 1206. Presidential action on Commission recommendations..... 715
Sec. 1207. Publication of the Harmonized Tariff Schedule......... 715
Sec. 1208. Import and export statistics.......................... 716
Sec. 1209. Coordination of trade policy and the Convention....... 716
Sec. 1210. United States participation on the Customs Cooperation
Council regarding the Convention............................... 716
Sec. 1211. Transition to the Harmonized Tariff Schedule.......... 717
Sec. 1212. Reference to the Harmonized Tariff Schedule........... 720
Sec. 1216. Commission report on operation of subtitle............ 720
Sec. 1217. Effective dates....................................... 720
Subtitle C--Response to Unfair International Trade Practices
part 1--enforcement of united states rights under trade agreements and
response to certain foreign trade practices
Sec. 1303. Identification of countries that deny adequate and
effective protection of intellectual property rights........... 720
Sec. 1305. Investigation of barriers in Japan to certain United
States services................................................ 721
Sec. 1306. Trade and economic relations with Japan............... 721
Sec. 1307. Supercomputer trade dispute........................... 722
part 2--improvement in the enforcement of the antidumping and
countervailing duty laws
Sec. 1311. Reference to title VII of the Tariff Act of 1930...... 723
Sec. 1317. Third-country dumping................................. 723
Sec. 1336. Studies............................................... 724
part 3--protection of intellectual property rights
Sec. 1341. Congressional findings and purposes................... 725
Sec. 1342. Protection under the Tariff Act of 1930............... 725
part 4--telecommunications trade
Sec. 1371. Short title........................................... 726
Sec. 1372. Findings and purposes................................. 726
Sec. 1373. Definitions........................................... 727
Sec. 1374. Investigation of foreign telecommunications trade
barriers....................................................... 728
Sec. 1375. Negotiations in response to investigation............. 728
Sec. 1376. Actions to be taken if no agreement obtained.......... 730
Sec. 1377. Review of trade agreement implementation by Trade
Representative................................................. 732
Sec. 1378. Compensation authority................................ 733
Sec. 1379. Consultations......................................... 733
Sec. 1380. Submission of data; action to ensure compliance....... 734
Sec. 1381. Study on telecommunications competitiveness in the
United States.................................................. 735
Sec. 1382. International obligations............................. 735
Subtitle D--Adjustment to Import Competition
part 3--trade adjustment assistance
Sec. 1428. Imposition of small uniform fee on all imports........ 736
Sec. 1429. Study of certification methods........................ 737
Sec. 1430. Effective dates....................................... 737
Subtitle E--National Security
Sec. 1501. Imports that threaten national security............... 738
Subtitle H--Miscellaneous Customs and Trade Provisions
part 1--customs provisions
Sec. 1908. Duty-free sales enterprises........................... 739
Sec. 1909. Caribbean Basin Initiative............................ 740
Sec. 1910. Ethyl alcohol and mixtures for fuel use............... 740
Sec. 1911. Enforcement of restrictions on imports from Cuba...... 741
part 2--miscellaneous trade provisions
Sec. 1933. Coal exports to Japan................................. 741
Sec. 1934. Purchases of United States-made automotive parts by
Japan.......................................................... 742
Sec. 1935. Effect of imports on crude oil production and refining
capacity in the United States.................................. 742
Sec. 1936. Study of trade barriers established by auto producing
countries to auto imports and the impact on the United States
market......................................................... 743
Sec. 1937. Lamb meat imports..................................... 743
TITLE II--EXPORT ENHANCEMENT
[Title II is found on page 1280]
TITLE III--INTERNATIONAL FINANCIAL POLICY
Subtitle A--Exchange Rates and International Economic Policy
Coordination
Sec. 3001. Short title........................................... 743
Sec. 3002. Findings.............................................. 743
Sec. 3003. Statement of policy................................... 744
Sec. 3004. International negotiations on exchange rate and
economic policies.............................................. 745
Sec. 3005. Reporting requirements................................ 745
Sec. 3006. Definitions........................................... 746
Subtitle B--International Debt
part i--findings, purposes, and statement of policy
Sec. 3101. Short title........................................... 746
Sec. 3102. Findings.............................................. 747
Sec. 3103. Purposes.............................................. 747
Sec. 3104. Statement of policy................................... 748
part ii--the international debt management authority
Sec. 3111. International initiative.............................. 748
Sec. 3112. Actions to facilitate creation of the authority....... 750
Sec. 3113. IMF-World Bank review................................. 750
part iii--regulatory provisions affecting international debt
Sec. 3121. Provisions relating to the regulation of depository
institutions................................................... 751
Sec. 3122. Studies relating to the regulation of depository
institutions................................................... 751
Sec. 3123. Limited purpose special drawing rights for the poorest
heavily indebted countries..................................... 752
Subtitle C--Multilateral Development Banks
[Subtitle C was transferred to the International Financial Institutions
Act]
[Subtitle C is found on page 204]
Subtitle D--Export-Import Bank and Tied Aid Credit Amendments
[Subtitle D is found on page 1315]
Subtitle F--Primary Dealers
Sec. 3501. Short title........................................... 754
Sec. 3502. Requirement of national treatment in underwriting
Government debt instruments.................................... 754
Subtitle G--Financial Reports
Sec. 3601. Short title........................................... 755
Sec. 3602. Quadrennial reports on foreign treatment of United
States financial institutions.................................. 755
Sec. 3603. Fair trade in financial services...................... 756
Sec. 3604. Banks loan loss reserves.............................. 756
TITLE IV--AGRICULTURAL TRADE
[See Legislation on Foreign Relations Through 2005, vol. I-B]
TITLE V--FOREIGN CORRUPT PRACTICES AMENDMENTS; INVESTMENT; AND
TECHNOLOGY
Subtitle A--Foreign Corrupt Practices Act Amendments; Review of Certain
Acquisitions
part i--foreign corrupt practices act amendments
[Part I amended the Foreign Corrupt Practices Act]
[See page 1741]
Subtitle C--Competitiveness Policy Council Act
Sec. 5201. Short title........................................... 757
Sec. 5202. Findings and purposes................................. 757
Sec. 5203. Council established................................... 758
Sec. 5204. Duties of the Council................................. 758
Sec. 5205. Membership............................................ 759
Sec. 5206. Executive Director and staff.......................... 762
Sec. 5207. Powers of the Council................................. 762
Sec. 5208. Annual report......................................... 764
Sec. 5209. Authorization of appropriations....................... 765
Sec. 5210. Definitions........................................... 765
Subtitle E--Trade Data, Impact, and Studies
part i--national trade data bank
Sec. 5401. Definitions........................................... 765
Sec. 5402. Interagency Trade Data Advisory Committee............. 766
Sec. 5403. Functions of the Committee............................ 766
Sec. 5404. Consultation with the private sector and Government
officials...................................................... 766
Sec. 5405. Cooperation among Executive agencies.................. 766
Sec. 5406. Establishment of the Data Bank........................ 767
Sec. 5407. Operation of the Data Bank............................ 768
Sec. 5408. Information on the service sector..................... 769
Sec. 5409. Exclusion of information.............................. 769
Sec. 5410. Nonduplication........................................ 769
Sec. 5411. Collection of data.................................... 770
Sec. 5412. Fees and access....................................... 770
Sec. 5413. Report to Congress.................................... 770
part ii--impact statements and studies
Sec. 5421. Competitiveness impact statements..................... 771
Sec. 5422. Study and report by the Advisory Council on Federal
Participation in Sematech...................................... 771
Sec. 5423. Impact of national defense expenditures on
international competitiveness.................................. 772
TITLE VIII--SMALL BUSINESS
Sec. 8001. Short title........................................... 772
Sec. 8009. Globalization of production........................... 772
Sec. 8010. Small business trade remedy assistance................ 773
Sec. 8011. National Seminar on Small Business Exports............ 774
Sec. 8012. Trade negotiations.................................... 774
Sec. 8013. Promulgation of regulations........................... 774
Sec. 8014. Effective date........................................ 774
TITLE X--OCEAN AND AIR TRANSPORTATION
Subtitle A--Foreign Shipping Practices
Sec. 10001. Short title.......................................... 775
Sec. 10002. Foreign laws and practices........................... 775
SEC. 2. LEGISLATIVE HISTORY OF H.R. 3 APPLICABLE.
(a) In General.--Except as provided in subsection (b), the
legislative history of a title, subtitle, part, subpart,
chapter, subchapter, section, or other provision of the
conference report to accompany H.R. 3 of the 100th Congress (H.
Rept. 100-576) shall be treated (along with any other
legislative history developed by reason of this Act) as being
the legislative history of the provision of this Act that has
the same numerical or alphabetical designation as the provision
of the conference report.
(b) Exceptions.--
(1) Subsection (a) does not apply to section 2424(a)
of this Act.
(2) The legislative history for subtitle F of title
VI of the conference report to accompany H.R. 3 shall
be treated as the legislative history for subtitle E of
title VI of this Act.
TITLE I--TRADE, CUSTOMS, AND TARIFF LAWS
SEC. 1001.\2\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\2\ 19 U.S.C. 2901 note.
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(1) in the last 10 years there has arisen a new
global economy in which trade, technological
development, investment, and services form an
integrated system; and in this system these activities
affect each other and the health of the United States
economy;
(2) the United States is confronted with a
fundamental disequilibrium in its trade and current
account balances and a rapid increase in its net
external debt;
(3) such disequilibrium and increase are a result of
numerous factors, including
(A) disparities between the macroeconomic
policies of the major trading nations,
(B) the large United States budget deficit,
(C) instabilities and structural defects in
the world monetary system,
(D) the growth of debt throughout the
developing world,
(E) structural defects in the world trading
system and inadequate enforcement of trade
agreement obligations,
(F) governmental distortions and barriers,
(G) serious shortcomings in United States
trade policy, and
(H) inadequate growth in the productivity and
competitiveness of United States firms and
industries relative to their overseas
competition;
(4) it is essential, and should be the highest
priority of the United States Government, to pursue a
broad array of domestic and international policies--
(A) to prevent future declines in the United
States economy and standards of living,
(B) to ensure future stability in external
trade of the United States, and
(C) to guarantee the continued vitality of
the technological, industrial, and agricultural
base of the United States;
(5) the President should be authorized and encouraged
to negotiate trade agreements and related investment,
financial, intellectual property, and services
agreements that meet the standards set forth in this
title; and
(6) while the United States is not in a position to
dictate economic policy to the rest of the world, the
United States is in a position to lead the world and it
is in the national interest for the United States to do
so.
(b) Purposes.--The purposes of this title are to--
(1) authorize the negotiation of reciprocal trade
agreements;
(2) strengthen United States trade laws;
(3) improve the development and management of United
States trade strategy; and
(4) through these actions, improve standards of
living in the world.
Subtitle A--United States Trade Agreements
part 1--negotiation and implementation of trade agreements
SEC. 1101.\3\ OVERALL AND PRINCIPAL TRADE NEGOTIATING OBJECTIVES OF THE
UNITED STATES.
(a) Overall Trade Negotiating Objectives.--The overall
trade negotiating objectives of the United States are to
obtain--
---------------------------------------------------------------------------
\3\ 19 U.S.C. 2901.
---------------------------------------------------------------------------
(1) more open, equitable, and reciprocal market
access;
(2) the reduction or elimination of barriers and
other trade-distorting policies and practices; and
(3) a more effective system of international trading
disciplines and procedures.
(b) Principal Trade Negotiating Objectives.--
(1) Dispute settlement.--The principal negotiating
objectives of the United States with respect to dispute
settlement are--
(A) to provide for more effective and
expeditious dispute settlement mechanisms and
procedures; and
(B) to ensure that such mechanisms within the
GATT and GATT agreements provide for more
effective and expeditious resolution of
disputes and enable better enforcement of
United States rights.
(2) Improvement of the gatt and multilateral trade
negotiation agreements.--The principal negotiating
objectives of the United States regarding the
improvement of GATT and multilateral trade negotiation
agreements are--
(A) to enhance the status of the GATT;
(B) to improve the operation and extend the
coverage of the GATT and such agreements and
arrangements to products, sectors, and
conditions of trade not adequately covered; and
(C) to expand country participation in
particular agreements or arrangements, where
appropriate.
(3) Transparency.--The principal negotiating
objective of the United States regarding transparency
is to obtain broader application of the principle of
transparency and clarification of the costs and
benefits of trade policy actions through the observance
of open and equitable procedures in trade matters by
Contracting Parties to the GATT.
(4) Developing countries.--The principal negotiating
objectives of the United States regarding developing
countries are--
(A) to ensure that developing countries
promote economic development by assuming the
fullest possible measure of responsibility for
achieving and maintaining an open international
trading system by providing reciprocal benefits
and assuming equivalent obligations with
respect to their import and export practices;
and
(B) to establish procedures for reducing
nonreciprocal trade benefits for the more
advanced developing countries.
(5) Current account surpluses.--The principal
negotiating objective of the United States regarding
current account surpluses is to develop rules to
address large and persistent global current account
imbalances of countries, including imbalances which
threaten the stability of the international trading
system, by imposing greater responsibility on such
countries to undertake policy changes aimed at
restoring current account equilibrium, including
expedited implementation of trade agreements where
feasible and appropriate.
(6) Trade and monetary coordination.--The principal
negotiating objective of the United States regarding
trade and monetary coordination is to develop
mechanisms to assure greater coordination, consistency,
and cooperation between international trade and
monetary systems and institutions.
(7) Agriculture.--The principal negotiating
objectives of the United States with respect to
agriculture are to achieve, on an expedited basis to
the maximum extent feasible, more open and fair
conditions of trade in agricultural commodities by--
(A) developing, strengthening, and clarifying
rules for agricultural trade, including
disciplines on restrictive or trade-distorting
import and export practices;
(B) increasing United States agricultural
exports by eliminating barriers to trade
(including transparent and nontransparent
barriers) and reducing or eliminating the
subsidization of agricultural production
consistent with the United States policy of
agricultural stabilization in cyclical and
unpredictable markets;
(C) creating a free and more open world
agricultural trading system by resolving
questions pertaining to export and other trade-
distorting subsidies, market pricing and market
access and eliminating and reducing
substantially other specific constraints to
fair trade and more open market access, such as
tariffs, quotas, and other nontariff practices,
including unjustified phytosanitary and
sanitary restrictions; and
(D) seeking agreements by which the major
agricultural exporting nations agree to pursue
policies to reduce excessive production of
agricultural commodities during periods of
oversupply, with due regard for the fact that
the United States already undertakes such
policies, and without recourse to arbitrary
schemes to divide market shares among major
exporting countries.
(8) Unfair trade practices.--The principal
negotiating objectives of the United States with
respect to unfair trade practices are--
(A) to improve the provisions of the GATT and
nontariff measure agreements in order to
define, deter, discourage the persistent use
of, and otherwise discipline unfair trade
practices having adverse trade effects,
including forms of subsidy and dumping and
other practices not adequately covered such as
resource input subsidies, diversionary dumping,
dumped or subsidized inputs, and export
targeting practices;
(B) to obtain the application of similar
rules to the treatment of primary and
nonprimary products in the Agreement on
Interpretation and Application of Articles VI,
XVI, and XXIII of the GATT (relating to
subsidies and countervailing measures); and
(C) to obtain the enforcement of GATT rules
against--
(i) state trading enterprises, and
(ii) the acts, practices, or policies
of any foreign government which, as a
practical matter, unreasonably require
that--
(I) substantial direct
investment in the foreign
country be made,
(II) intellectual property be
licensed to the foreign country
or to any firm of the foreign
country, or
(III) other collateral
concessions be made,
as a condition for the importation of
any product or service of the United
States into the foreign country or as a
condition for carrying on business in
the foreign country.
(9) Trade in services.--
(A) The principal negotiating objectives of
the United States regarding trade in services
are--
(i) to reduce or to eliminate
barriers to, or other distortions of,
international trade in services,
including barriers that deny national
treatment and restrictions on
establishment and operation in such
markets; and
(ii) to develop internationally
agreed rules, including dispute
settlement procedures, which--
(I) are consistent with the
commercial policies of the
United States, and
(II) will reduce or eliminate
such barriers or distortions,
and help ensure fair, equitable
opportunities for foreign
markets.
(B) In pursuing the negotiating objectives
described in subparagraph (A), United States
negotiators shall take into account legitimate
United States domestic objectives including,
but not limited to, the protection of
legitimate health or safety, essential
security, environmental, consumer or employment
opportunity interests and the law and
regulations related thereto.
(10) Intellectual property.--The principal
negotiating objectives of the United States regarding
intellectual property are--
(A) to seek the enactment and effective
enforcement by foreign countries of laws
which--
(i) recognize and adequately protect
intellectual property, including
copyrights, patents, trademarks,
semiconductor chip layout designs, and
trade secrets, and
(ii) provide protection against
unfair competition,
(B) to establish in the GATT obligations--
(i) to implement adequate substantive
standards based on--
(I) the standards in existing
international agreements that
provide adequate protection,
and
(II) the standards in
national laws if international
agreement standards are
inadequate or do not exist,
(ii) to establish effective
procedures to enforce, both internally
and at the border, the standards
implemented under clause (i), and
(iii) to implement effective dispute
settlement procedures that improve on
existing GATT procedures;
(C) to recognize that the inclusion in the
GATT of--
(i) adequate and effective
substantive norms and standards for the
protection and enforcement of
intellectual property rights, and
(ii) dispute settlement provisions
and enforcement procedures,
is without prejudice to other complementary
initiatives undertaken in other international
organizations; and
(D) to supplement and strengthen standards
for protection and enforcement in existing
international intellectual property conventions
administered by other international
organizations, including their expansion to
cover new and emerging technologies and
elimination of discrimination or unreasonable
exceptions or preconditions to protection.
(11) Foreign direct investment.--
(A) The principal negotiating objectives of
the United States regarding foreign direct
investment are--
(i) to reduce or to eliminate
artificial or trade-distorting barriers
to foreign direct investment, to expand
the principle of national treatment,
and to reduce unreasonable barriers to
establishment; and
(ii) to develop internationally
agreed rules, including dispute
settlement procedures, which--
(I) will help ensure a free
flow of foreign direct
investment, and
(II) will reduce or eliminate
the trade distortive effects of
certain trade-related
investment measures.
(B) In pursuing the negotiating objectives
described in subparagraph (A), United States
negotiators shall take into account legitimate
United States domestic objectives including,
but not limited to, the protection of
legitimate health or safety, essential
security, environmental, consumer or employment
opportunity interests and the law and
regulations related thereto.
(12) Safeguards.--The principal negotiating
objectives of the United States regarding safeguards
are--
(A) to improve and expand rules and
procedures covering safeguard measures;
(B) to ensure that safeguard measures are--
(i) transparent,
(ii) temporary,
(iii) degressive, and
(iv) subject to review and
termination when no longer necessary to
remedy injury and to facilitate
adjustment; and
(C) to require notification of, and to
monitor the use by, GATT Contracting Parties of
import relief actions for their domestic
industries.
(13) Specific barriers.--The principal negotiating
objective of the United States regarding specific
barriers is to obtain competitive opportunities for
United States exports in foreign markets substantially
equivalent to the competitive opportunities afforded
foreign exports to United States markets, including the
reduction or elimination of specific tariff and
nontariff trade barriers, particularly--
(A) measures identified in the annual report
prepared under section 181 of the Trade Act of
1974 (19 U.S.C. 2241); and
(B) foreign tariffs and nontariff barriers on
competitive United States exports when like or
similar products enter the United States at low
rates of duty or are duty-free, and other
tariff disparities that impede access to
particular export markets.
(14) Worker rights.--The principal negotiating
objectives of the United States regarding worker rights
are--
(A) to promote respect for worker rights;
(B) to secure a review of the relationship of
worker rights to GATT articles, objectives, and
related instruments with a view to ensuring
that the benefits of the trading system are
available to all workers; and
(C) to adopt, as a principle of the GATT,
that the denial of worker rights should not be
a means for a country or its industries to gain
competitive advantage in international trade.
(15) Access to high technology.--
(A) The principal negotiating objective of
the United States regarding access to high
technology is to obtain the elimination or
reduction of foreign barriers to, and acts,
policies, or practices by foreign governments
which limit, equitable access by United States
persons to foreign-developed technology,
including barriers, acts, policies, or
practices which have the effect of--
(i) restricting the participation of
United States persons in government-
supported research and development
projects;
(ii) denying equitable access by
United States persons to government-
held patents;
(iii) requiring the approval or
agreement of government entities, or
imposing other forms of government
interventions, as a condition for the
granting of licenses to United States
persons by foreign persons (except for
approval or agreement which may be
necessary for national security
purposes to control the export of
critical military technology); and
(iv) otherwise denying equitable
access by United States persons to
foreign-developed technology or
contributing to the inequitable flow of
technology between the United States
and its trading partners.
(B) In pursuing the negotiating objective
described in subparagraph (A), the United
States negotiators shall take into account
United States Government policies in licensing
or otherwise making available to foreign
persons technology and other information
developed by United States laboratories.
(16) Border taxes.--The principal negotiating
objective of the United States regarding border taxes
is to obtain a revision of the GATT with respect to the
treatment of border adjustments for internal taxes to
redress the disadvantage to countries relying primarily
for revenue on direct taxes rather than indirect taxes.
SEC. 1102.\4\ TRADE AGREEMENT NEGOTIATING AUTHORITY.
(a) Agreements Regarding Tariff Barriers.--
---------------------------------------------------------------------------
\4\ 19 U.S.C. 2902.
---------------------------------------------------------------------------
(1) Whenever the President determines that one or
more existing duties or other import restrictions of
any foreign country or the United States are unduly
burdening and restricting the foreign trade of the
United States and that the purposes, policies, and
objectives of this title will be promoted thereby, the
President--
(A) before June 1, 1993, may enter into trade
agreements with foreign countries; and
(B) may, subject to paragraphs (2) through
(5), proclaim--
(i) such modification or continuance
of any existing duty,
(ii) such continuance of existing
duty-free or excise treatment, or
(iii) such additional duties;
as he determines to be required or appropriate
to carry out any such trade agreement.
(2) No proclamation may be made under subsection (a)
that--
(A) reduces any rate of duty (other than a
rate of duty that does not exceed 5 percent ad
valorem on the date of enactment of this Act)
to a rate which is less than 50 percent of the
rate of such duty that applies on such date of
enactment; or
(B) increases any rate of duty above the rate
that applies on such date of enactment.
(3)(A) Except as provided in subparagraph (B), the
aggregate reduction in the rate of duty on any article
which is in effect on any day pursuant to a trade
agreement entered into under paragraph (1) shall not
exceed the aggregate reduction which would have been in
effect on such day if a reduction of 3 percent ad
valorem or a reduction of one-tenth of the total
reduction, whichever is greater, had taken effect on
the effective date of the first reduction proclaimed in
paragraph (1) to carry out such agreement with respect
to such article.
(B) No staging under subparagraph (A) is required
with respect to a rate reduction that is proclaimed
under paragraph (1) for an article of a kind that is
not produced in the United States. The United States
International Trade Commission shall advise the
President of the identity of articles that may be
exempted from staging under this subparagraph.
(4) If the President determines that such action will
simplify the computation of reductions under paragraph
(3), the President may round an annual reduction by the
lesser of--
(A) the difference between the reduction
without regard to this paragraph and the next
lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) No reduction in a rate of duty under a trade
agreement entered into under subsection (a) on any
article may take effect more than 10 years after the
effective date of the first reduction under paragraph
(1) that is proclaimed to carry out the trade agreement
with respect to such article.
(6) A rate of duty reduction or increase that may not
be proclaimed by reason of paragraph (2) may take
effect only if a provision authorizing such reduction
or increase is included within an implementing bill
provided for under section 1103 and that bill is
enacted into law.
(b) Agreements Regarding Nontariff Barriers.--
(1) Whenever the President determines that any
barrier to, or other distortion of, international
trade--
(A) unduly burdens or restricts the foreign
trade of the United States or adversely affects
the United States economy; or
(B) the imposition of any such barrier or
distortion is likely to result in such a
burden, restriction, or effect;
and that the purposes, policies, and objectives of this
title will be promoted thereby, the President may,
before June 1, 1993, enter into a trade agreement with
foreign countries providing for--
(i) the reduction or elimination of such
barrier or other distortion; or
(ii) the prohibition of, or limitations on
the imposition of, such barrier or other
distortion.
(2) A trade agreement may be entered into under this
subsection only if such agreement makes progress in
meeting the applicable objectives described in section
1101.
(c) Bilateral Agreements Regarding Tariff and Nontariff
Barriers.--
(1) Before June 1, 1993, the President may enter into
bilateral trade agreements with foreign countries that
provide for the elimination or reduction of any duty
imposed by the United States. A trade agreement entered
into under this paragraph may also provide for the
reduction or elimination of barriers to, or other
distortions of, the international trade of the foreign
country or the United States.
(2) Notwithstanding any other provision of law, no
trade benefit shall be extended to any country by
reason of the extension of any trade benefit to another
country under a trade agreement entered into under
paragraph (1) with such other country.
(3) A trade agreement may be entered into under
paragraph (1) with any foreign country only if--
(A) the agreement makes progress in meeting
the applicable objectives described in section
1101;
(B) such foreign country requests the
negotiation of such an agreement; and
(C) the President, at least 60 days before
the date notice is provided under section
1103(a)(1)(A)--
(i) provides written notice of such
negotiations to the Committee on
Finance of the Senate and the Committee
on Ways and Means of the House of
Representatives, and
(ii) consults with such committees
regarding the negotiation of such
agreement.
(4) The 60-day period of time described in paragraph
(3)(C) \5\ shall be computed in accordance with section
1103(e).\5\
---------------------------------------------------------------------------
\5\ Sec. 139(b) of the Customs and Trade Act of 1990 (Public Law
101-382; 104 Stat. 653) struck out ``paragraph (3)(B)'' and inserted in
lieu thereof ``paragraph (3)(C)''; and struck out ``1103(f)'' and
inserted in lieu thereof ``1103(e)''.
---------------------------------------------------------------------------
(5) In any case in which there is an inconsistency
between any provision of this Act and any bilateral
free trade area agreement that entered into force and
effect with respect to the United States before January
1, 1987, the provision shall not apply with respect to
the foreign country that is party to that agreement.
(d) Consultation With Congress Before Agreements Entered
Into.--
(1) Before the President enters into any trade
agreement under subsection (b) or (c), the President
shall consult with--
(A) the Committee on Ways and Means of the
House of Representatives and the Committee on
Finance of the Senate; and
(B) each other committee of the House and the
Senate, and each joint committee of the
Congress, which has jurisdiction over
legislation involving subject matters which
would be affected by the trade agreement.
(2) The consultation under paragraph (1) shall
include--
(A) the nature of the agreement;
(B) how and to what extent the agreement will
achieve the applicable purposes, policies, and
objectives of this title; and
(C) all matters relating to the
implementation of the agreement under section
1103.
(3) If it is proposed to implement two or more trade
agreements in a single implementing bill under section
1103, the consultation under paragraph (1) shall
include the desirability and feasibility of such
proposed implementation.
(e) \6\ Special Provisions Regarding Uruguay Round Trade
Negotiations.--
---------------------------------------------------------------------------
\6\ Sec. 1 of Public Law 103-49 (107 Stat. 239) added subsec. (e).
---------------------------------------------------------------------------
(1) In general.--Notwithstanding the time limitations
in subsections (a) and (b), if the Uruguay Round of
multilateral trade negotiations under the auspices of
the General Agreement on Tariffs and Trade has not
resulted in trade agreements by May 31, 1993, the
President may, during the period after May 31, 1993,
and before April 16, 1994, enter into, under
subsections (a) and (b), trade agreements resulting
from such negotiations.
(2) Application of tariff proclamation authority.--No
proclamation under subsection (a) to carry out the
provisions regarding tariff barriers of a trade
agreement that is entered into pursuant to paragraph
(1) may take effect before the effective date of a bill
that implements the provisions regarding nontariff
barriers of a trade agreement that is entered into
under such paragraph.
(3) Application of implementing and ``fast track''
procedures.--Section 1103 applies to any trade
agreement negotiated under subsection (b) pursuant to
paragraph (1), except that--
(A) in applying subsection (a)(1)(A) of
section 1103 to any such agreement, the phrase
``at least 120 calendar days before the day on
which he enters into the trade agreement (but
not later than December 15, 1993),'' shall be
substituted for the phrase ``at least 90
calendar days before the day on which he enters
into the trade agreement,''; and
(B) no provision of subsection (b) of section
1103 other than paragraph (1)(A) applies to any
such agreement and in applying such paragraph,
``April 16, 1994;'' shall be substituted for
``June 1, 1991;''.
(4) Advisory committee reports.--The report required
under section 135(e)(1) of the Trade Act of 1974
regarding any trade agreement provided for under
paragraph (1) shall be provided to the President, the
Congress, and the United States Trade Representative
not later than 30 days after the date on which the
President notifies the Congress under section
1103(a)(1)(A) of his intention to enter into the
agreement (but before January 15, 1994).
SEC. 1103.\7\ IMPLEMENTATION OF TRADE AGREEMENTS.
(a) In General.--
---------------------------------------------------------------------------
\7\ 19 U.S.C. 2903. In a notice of September 18, 1992, the
President notified Congress of his intention to enter into a North
American Free Trade Agreement with the Government of Canada and the
Government of Mexico (57 F.R. 43603). See also sec. 2105 of the
Bipartisan Trade Promotion Authority Act of 2002 (title XXI of Public
Law 107-210; 116 Stat. 1013) regarding a more recent authority
concerning implementation of trade agreements and Presidential notices
to Congress regarding his intention to enter into several free trade
agreements. Sec. 2105 of that Act may be found at page 639 of this
volume.
---------------------------------------------------------------------------
(1) Any agreement entered into under section 1102 (b)
or (c) shall enter into force with respect to the
United States if (and only if)--
(A) the President, at least 90 calendar days
before the day on which he enters into the
trade agreement, notifies the House of
Representatives and the Senate of his intention
to enter into the agreement, and promptly
thereafter publishes notice of such intention
in the Federal Register;
(B) after entering into the agreement, the
President submits a document to the House of
Representatives and to the Senate containing a
copy of the final legal text of the agreement,
together with--
(i) a draft of an implementing bill,
(ii) a statement of any
administrative action proposed to
implement the trade agreement, and
(iii) the supporting information
described in paragraph (2); and
(C) the implementing bill is enacted into
law.
(2) The supporting information required under
paragraph (1)(B)(iii) consists of--
(A) an explanation as to how the implementing
bill and proposed administrative action will
change or affect existing law; and
(B) a statement--
(i) asserting that the agreement
makes progress in achieving the
applicable purposes, policies, and
objectives of this title,
(ii) setting forth the reasons of the
President regarding--
(I) how and to what extent
the agreement makes progress in
achieving the applicable
purposes, policies, and
objectives referred to in
clause (i), and why and to what
extent the agreement does not
achieve other applicable
purposes, policies, and
objectives,
(II) how the agreement serves
the interests of United States
commerce, and
(III) why the implementing
bill and proposed
administrative action is
required or appropriate to
carry out the agreement;
(iii) describing the efforts made by
the President to obtain international
exchange rate equilibrium and any
effect the agreement may have regarding
increased international monetary
stability; and
(iv) describing the extent, if any,
to which--
(I) each foreign country that
is a party to the agreement
maintains non-commercial state
trading enterprises that may
adversely affect, nullify, or
impair the benefits to the
United States under the
agreement, and
(II) the agreement applies to
or affects purchases and sales
by such enterprises.
(3) To ensure that a foreign country which receives
benefits under a trade agreement entered into under
section 1102 (b) or (c) is subject to the obligations
imposed by such agreement, the President shall
recommend to Congress in the implementing bill and
statement of administrative action submitted with
respect to such agreement that the benefits and
obligations of such agreement apply solely to the
parties to such agreement, if such application is
consistent with the terms of such agreement. The
President may also recommend with respect to any such
agreement that the benefits and obligations of such
agreement not apply uniformly to all parties to such
agreement, if such application is consistent with the
terms of such agreement.
(b) Application of Congressional ``Fast Track'' Procedures to
Implementing Bills.--
(1) Except as provided in subsection (c)--
(A) the provisions of section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) (hereinafter
in this section referred to as ``fast track
procedures'') apply to implementing bills
submitted with respect to trade agreements
entered into under section 1102 (b) or (c)
before June 1, 1991; and
(B) such fast track procedures shall be
extended to implementing bills submitted with
respect to trade agreements entered into under
section 1102 (b) or (c) after May 31, 1991, and
before June 1, 1993, if (and only if)--
(i) the President requests such
extension under paragraph (2); and
(ii) neither House of the Congress
adopts an extension disapproval
resolution under paragraph (5) before
June 1, 1991.
(2) If the President is of the opinion that the fast
track procedures should be extended to implementing
bills described in paragraph (1)(B), the President must
submit to the Congress, no later than March 1, 1991, a
written report that contains a request for such
extension, together with--
(A) a description of all trade agreements
that have been negotiated under section 1102
(b) or (c) and the anticipated schedule for
submitting such agreements to the Congress for
approval;
(B) a description of the progress that has
been made in multilateral and bilateral
negotiations to achieve the purposes, policies,
and objectives of this title, and a statement
that such progress justifies the continuation
of negotiations; and
(C) a statement of the reasons why the
extension is needed to complete the
negotiations.
(3) The President shall promptly inform the Advisory
Committee for Trade Policy and Negotiations established
under section 135 of the Trade Act of 1974 (19 U.S.C.
2155) of his decision to submit a report to Congress
under paragraph (2). The Advisory Committee shall
submit to the Congress as soon as practicable, but no
later than March 1, 1991, a written report that
contains--
(A) its views regarding the progress that has
been made in multilateral and bilateral
negotiations to achieve the purposes, policies,
and objectives of this title; and
(B) a statement of its views, and the reasons
therefor, regarding whether the extension
requested under paragraph (2) should be
approved or disapproved.
(4) The reports submitted to the Congress under
paragraphs (2) and (3), or any portion of the reports,
may be classified to the extent the President
determines appropriate.
(5)(A) For purposes of this subsection, the term
``extension disapproval resolution'' means a resolution
of either House of the Congress, the sole matter after
the resolving clause of which is as follows: ``That the
disapproves the request of the President
for the extension, under section 1103(b)(1)(B)(i) of
the Omnibus Trade and Competitiveness Act of 1988, of
the provisions of section 151 of the Trade Act of 1974
to any implementing bill submitted with respect to any
trade agreement entered into under section 1102 (b) or
(c) of such Act after May 31, 1991, because sufficient
tangible progress has not been made in trade
negotiations.'', with the blank space being filled with
the name of the resolving House of the Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of the
Congress by any member of such House; and
(ii) shall be jointly referred, in the House
of Representatives, to the Committee on Ways
and Means and the Committee on Rules.
(C) The provisions of section 152 (d) and (e) of the
Trade Act of 1974 (19 U.S.C. 2192 (d) and (e))
(relating to the floor consideration of certain
resolutions in the House and Senate) apply to extension
disapproval resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension
disapproval resolution not reported by the
Committee on Finance;
(ii) the House of Representatives to consider
any extension disapproval resolution not
reported by the Committee on Ways and Means and
the Committee on Rules; or
(iii) either House of the Congress to
consider an extension disapproval resolution
that is reported to such House after May 15,
1991.
(c) Limitations on Use of ``Fast Track'' Procedures.--
(1)(A) The fast track procedures shall not apply to
any implementing bill submitted with respect to a trade
agreement entered into under section 1102 (b) or (c) if
both Houses of the Congress separately agree to
procedural disapproval resolutions within any 60-day
period.
(B) Procedural disapproval resolutions--
(i) in the House of Representatives--
(I) shall be introduced by the
chairman or ranking minority member of
the Committee on Ways and Means or the
chairman or ranking minority member of
the Committee on Rules,
(II) shall be jointly referred to the
Committee on Ways and Means and the
Committee on Rules, and
(III) may not be amended by either
Committee; and
(ii) in the Senate shall be original
resolutions of the Committee on Finance.
(C) The provisions of section 152 (d) and (e) of the
Trade Act of 1974 (19 U.S.C. 2192 (d) and (e))
(relating to the floor consideration of certain
resolutions in the House and Senate) apply to
procedural disapproval resolutions.
(D) It is not in order for the House of
Representatives to consider any procedural disapproval
resolution not reported by the Committee on Ways and
Means and the Committee on Rules.
(E) For purposes of this subsection, the term
``procedural disapproval resolution'' means a
resolution of either House of the Congress, the sole
matter after the resolving clause of which is as
follows: ``That the President has failed or refused to
consult with Congress on trade negotiations and trade
agreements in accordance with the provisions of the
Omnibus Trade and Competitiveness Act of 1988, and,
therefore, the provisions of section 151 of the Trade
Act of 1974 shall not apply to any implementing bill
submitted with respect to any trade agreement entered
into under section 1102 (b) or (c) of such Act of 1988,
if, during the 60-day period beginning on the date on
which this resolution is agreed to by the ,
the agrees to a procedural disapproval
resolution (within the meaning of section 1103(c)(1)(E)
of such Act of 1988).'', with the first blank space
being filled with the name of the resolving House of
the Congress and the second blank space being filled
with the name of the other House of the Congress.
(2) The fast track procedures shall not apply to any
implementing bill that contains a provision approving
of any trade agreement which is entered into under
section 1102(c) with any foreign country if either--
(A) the requirements of section 1102(c)(3)
are not met with respect to the negotiation of
such agreement; or
(B) the Committee on Finance of the Senate or
the Committee on Ways and Means of the House of
Representatives disapproves of the negotiation
of such agreement before the close of the 60-
day period which begins on the date notice is
provided under section 1102(c)(3)(C)(i) with
respect to the negotiation of such agreement.
(d) Rules of House of Representatives and Senate.--
Subsections (b) and (c) are enacted by the Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such is deemed a part of the rules of each
House, respectively, and such procedures supersede
other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedures of that House) at any time,
in the same manner, and to the same extent as any other
rule of that House.
(e) Computation of Certain Periods of Time.--Each period of
time described in subsection (c)(1) (A) and (E) and (2) of this
section shall be computed without regard to--
(1) the days on which either House of Congress is not
in session because of an adjournment of more than 3
days to a day certain or an adjournment of the Congress
sine die; and
(2) any Saturday and Sunday, not excluded under
paragraph (1), when either House of the Congress is not
in session.
* * * * * * *
SEC. 1105.\8\ TERMINATION AND RESERVATION AUTHORITY; RECIPROCAL
NONDISCRIMINATORY TREATMENT.
(a) In General.--For purposes of applying sections 125,
126(a), and 127 of the Trade Act of 1974 (19 U.S.C. 2135,
2136(a), and 2137)--
---------------------------------------------------------------------------
\8\ 19 U.S.C. 2904.
---------------------------------------------------------------------------
(1) any trade agreement entered into under section
1102 shall be treated as an agreement entered into
under section 101 or 102, as appropriate, of the Trade
Act of 1974 (19 U.S.C. 2111 or 2112); and
(2) any proclamation or Executive order issued
pursuant to a trade agreement entered into under
section 1102 shall be treated as a proclamation or
Executive order issued pursuant to a trade agreement
entered into under section 102 of the Trade Act of
1974.
(b) Reciprocal Nondiscriminatory Treatment.--
(1) The President shall determine, before June 1,
1993, whether any major industrial country has failed
to make concessions under trade agreements entered into
under section 1102 (a) and (b) which provide
competitive opportunities for the commerce of the
United States in such country substantially equivalent
to the competitive opportunities, provided by
concessions made by the United States under trade
agreements entered into under section 1102 (a) and (b),
for the commerce of such country in the United States.
(2) If the President determines under paragraph (1)
that a major industrial country has not made
concessions under trade agreements entered into under
section 1102 (a) and (b) which provide substantially
equivalent competitive opportunities for the commerce
of the United States, the President shall, either
generally with respect to such country or by article
produced by such country, in order to restore
equivalence of competitive opportunities, recommend to
the Congress--
(A) legislation providing for the termination
or denial of the benefits of concessions of
trade agreements entered into under section
1102 (a) and (b) that have been made with
respect to rates of duty or other import
restrictions imposed by the United States, and
(B) legislation providing that any law
necessary to carry out any trade agreement
under section 1102 (a) or (b) not apply to such
country.
(3) For purposes of this subsection, the term ``major
industrial country'' means Canada, the European
Communities, the individual member countries of the
European Communities, Japan, and any other foreign
country designated by the President for purposes of
this subsection.
SEC. 1106.\9\ ACCESSION OF STATE TRADING REGIMES TO THE GENERAL
AGREEMENT ON TARIFFS AND TRADE OR THE WTO.
(a) In General.--Before any major foreign country accedes,
after the date of enactment of this Act, to the GATT 1947, or
to the WTO Agreement \10\ the President shall determine--
---------------------------------------------------------------------------
\9\ 19 U.S.C. 2905. Sec. 621(a)(4)(D) of Public Law 103-465 (108
Stat. 4993) added ``for the wto'' to the section heading. Subsequently,
sec. 20(f)(3) of Public Law 104-295 (110 Stat. 3529) struck out ``for''
and inserted in lieu thereof ``or''.
\10\ Sec. 621(a)(4)(A) of Public Law 103-465 (108 Stat. 4993)
struck out ``the GATT'' and inserted in lieu thereof ``the GATT 1947,
or to the WTO Agreement''.
---------------------------------------------------------------------------
(1) whether state trading enterprises account for a
significant share of--
(A) the exports of such major foreign
country, or
(B) the goods of such major foreign country
that are subject to competition from goods
imported into such foreign country; and
(2) whether such state trading enterprises--
(A) unduly burden and restrict, or adversely
affect, the foreign trade of the United States
or the United States economy, or
(B) are likely to result in such a burden,
restriction, or effect.
(b) Effects of Affirmative Determination.--If both of the
determinations made under paragraphs (1) and (2) of subsection
(a) with respect to a major foreign country are affirmative--
(1) the President shall reserve the right of the
United States to withhold extension of the application
of the GATT 1947 or the WTO Agreement,\11\ between the
United States and such major foreign country, and
---------------------------------------------------------------------------
\11\ Sec. 621(a)(4)(B) of Public Law 103-465 (108 Stat. 4993)
inserted ``1947 or the WTO Agreement'' after ``the GATT'' throughout
subsecs. (b) and (c).
---------------------------------------------------------------------------
(2) the GATT 1947 or the WTO Agreement \11\ shall not
apply between the United States and such major foreign
country until--
(A) such foreign country enters into an
agreement with the United States providing that
the state trading enterprises of such foreign
country--
(i) will--
(I) make purchases which are
not for the use of such foreign
country, and
(II) make sales in
international trade,
in accordance with commercial
considerations (including price,
quality, availability, marketability,
and transportation), and
(ii) will afford United States
business firms adequate opportunity, in
accordance with customary practice, to
compete for participation in such
purchases or sales; or
(B) a bill submitted under subsection (c)
which approves of the extension of the
application of the GATT 1947 or the WTO
Agreement \11\ between the United States and
such major foreign country is enacted into law.
(c) Expedited Consideration of Bill To Approve Extension.--
(1) The President may submit to the Congress any
draft of a bill which approves of the extension of the
application of the GATT 1947 or the WTO Agreement \11\
between the United States and a major foreign country.
(2) Any draft of a bill described in paragraph (1)
that is submitted by the President to the Congress
shall--
(A) be introduced by the majority leader of
each House of the Congress (by request) on the
first day on which such House is in session
after the date such draft is submitted to the
Congress; and
(B) shall be treated as an implementing bill
for purposes of subsections (d), (e), (f), and
(g) of section 151 of the Trade Act of 1974.
(d) Publication.--The President shall publish in the Federal
Register each determination made under subsection (a).
(e) \12\ Definitions.--For purposes of this section:
---------------------------------------------------------------------------
\12\ Sec. 621(a)(4)(C) of Public Law 103-465 (108 Stat. 4993) added
subsec. (e).
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(1) The term ``GATT 1947'' has the meaning given that
term in section 2(1)(A) of the Uruguay Round Agreements
Act.
(2) the term ``WTO Agreement'' means the Agreement
Establishing the World Trade Organization entered into
on April 15, 1994 and the multilateral trade agreements
(as such term is defined in section 2(4) of the Uruguay
Round Agreements Act).
SEC. 1107. DEFINITIONS AND CONFORMING AMENDMENTS.
(a) \13\ Definitions.--For purposes of this part:
---------------------------------------------------------------------------
\13\ 19 U.S.C. 2906.
---------------------------------------------------------------------------
(1) The term ``distortion'' includes, but is not
limited to, a subsidy.
(2) The term ``foreign country'' includes any foreign
instrumentality. Any territory or possession of a
foreign country that is administered separately for
customs purposes, shall be treated as a separate
foreign country.
(3) The term ``GATT'' means the GATT 1947 (as defined
in section 2(1)(A) of the Uruguay Round Agreements
Act).\14\
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\14\ Sec. 621(a)(5) of Public Law 103-465 (108 Stat. 4993) struck
out ``General Agreement on Tariffs and Trade'' and inserted in lieu
thereof ``GATT 1947 (as defined in section 2(1)(A) of the Uruguay Round
Agreements Act)''.
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(4) The term ``implementing bill'' has the meaning
given such term in section 151(b)(1) of the Trade Act
of 1974 (19 U.S.C. 2191(b)(1)).
(5) The term ``international trade'' includes, but is
not limited to--
(A) trade in both goods and services, and
(B) foreign direct investment by United
States persons, especially if such investment
has implications for trade in goods and
services.
(6) The term ``state trading enterprise'' means--
(A) any agency, instrumentality, or
administrative unit of a foreign country
which--
(i) purchases goods or services in
international trade for any purpose
other than the use of such goods or
services by such agency,
instrumentality, administrative unit,
or foreign country, or
(ii) sells goods or services in
international trade; or
(B) any business firm which--
(i) is substantially owned or
controlled by a foreign country or any
agency, instrumentality, or
administrative unit thereof,
(ii) is granted (formally or
informally) any special or exclusive
privilege by such foreign country,
agency, instrumentality, or
administrative unit, and
(iii) purchases goods or services in
international trade for any purpose
other than the use of such goods or
services by such foreign country,
agency, instrumentality, or
administrative unit, or which sells
goods or services in international
trade.
(b) \15\ * * *
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\15\ Sec. 1107(b) and Part 2 amended the Trade Act of 1974.
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part 2--hearings and advice concerning negotiations \15\
* * * * * * *
part 3--other trade agreement and negotiation provisions
* * * * * * *
SEC. 1121. IMPLEMENTATION OF NAIROBI PROTOCOL.
(a) Purpose and Reference.--
(1) The purpose of this section is--
(A) to provide for the implementation by the
United States of the Protocol (S. Treaty Doc.
97-2, 9; hereafter referred to in this section
as the ``Nairobi Protocol'') to the Agreement
on the Importation of Educational, Scientific,
and Cultural Materials (17 UST (pt. 2) 1835;
commonly known as the ``Florence Agreement'');
(B) to clarify or modify the duty-free
treatment accorded under the Educational,
Scientific, and Cultural Materials Importation
Act of 1982 (Public Law 97-446, 96 Stat. 2346-
2349), the Educational, Scientific, and
Cultural Materials Importation Act of 1966
(Public Law 89-65, 80 Stat. 897 et seq.), and
Public Law 89-634 (80 Stat. 879); and
(C) to continue the safeguard provisions
concerning certain imported articles provided
for in the Educational, Scientific, and
Cultural Materials Importation Act of 1982.
(2) Whenever an amendment or repeal in this section
is expressed in terms of an amendment to, or repeal of,
an item, headnote, Appendix, or other provision, the
reference shall be considered to be made to an item,
headnote, Appendix, or other provision of the Tariff
Schedules of the United States.
(b) Repeal of the Educational, Scientific, and Cultural
Materials Importation Act of 1982.--The Educational,
Scientific, and Cultural Materials Importation Act of 1982 is
hereby repealed.
* * * * * * *
(g) Authority to Limit Certain Duty-Free Treatment.--
(1)(A) The President may proclaim changes in the
Tariff Schedules of the United States to narrow the
scope of, place conditions upon, or otherwise eliminate
the duty-free treatment accorded by reason of the
amendments made by subsection (e) or (f) with respect
to any type of article the duty-free treatment of which
has significant adverse impact on a domestic industry
(or portion thereof) manufacturing or producing a like
or directly competitive article, if the effect of such
change is consistent with the provisions of the
relevant annexes of the Florence Agreement or the
Nairobi Protocol.
(B) If the President proclaims changes to the Tariff
Schedules of the United States under subparagraph (A),
the rate of duty thereafter applicable to any article
which is--
(i) affected by such action, and
(ii) imported from any source,
shall be the rate determined and proclaimed by the
President as the rate which would then be applicable to
such article from such source if this section had not
been enacted.
(2) If the President determines that any duty-free
treatment which is no longer in effect because of
action taken under paragraph (1) could be restored, in
whole or in part, without a resumption of significant
adverse impact on a domestic industry or portion
thereof, the President may proclaim changes to the
Tariff Schedules of the United States to resume such
duty-free treatment.
(3) Before taking any action under paragraph (1) or
(2), the President shall afford an opportunity for
interested Government agencies and private persons to
present their views concerning the proposed action.
(4) Any action in effect or any proceeding in
progress under section 166 of the Educational,
Scientific, and Cultural Materials Importation Act of
1982 on the day that Act is repealed shall be
considered as an action or proceeding under this
section and shall be continued or resumed under this
section.
(h) Authority To Expand Certain Duty-Free Treatment Accorded
by Reason of Subsection (d).--
(1) If the President determines such action to be in
the interest of the United States, the President may
proclaim changes to the Tariff Schedules of the United
States in order to remove or modify any condition or
restriction imposed under headnote 1 to part 7 of
schedule 8 (as amended by subsection (d) of this
section) of such Schedules, on the importation of
articles provided for in items 870.30 through 870.35,
inclusive (except as to articles entered under the
terms of headnote 1(a)(i) to part 7 of schedule 8) of
such Schedules, in order to implement the provisions of
annex C-1 of the Nairobi Protocol.
(2) Any change to the Tariff Schedules of the United
States proclaimed under paragraph (1) shall be
effective with respect to articles entered, or
withdrawn from warehouse, for consumption on or after
the date that is 15 days after the date on which the
President proclaims such change.
(i) Statistical Information.--In order to implement
effectively the provisions of subsection (g), the Secretary of
the Treasury, in conjunction with the Secretary of Commerce,
shall take such actions as are necessary to obtain adequate
statistical information with respect to articles to which
amendments made by subsection (f) \16\ apply, in such detail
and for such period as the Secretaries consider necessary.
---------------------------------------------------------------------------
\16\ Sec. 9001(a)(15) of Public Law 100-647 (Technical and
Miscellaneous Revenue Act of 1988; 102 Stat. 3342) struck out ``(c)''
and inserted in lieu thereof ``(f)''.
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(j) Effective Date.--
(1) The provisions of this section, and the repeal
and amendments made by this section, shall apply with
respect to articles entered, or withdrawn from
warehouse, for consumption on or after the later of--
(A) October 1, 1988, or
(B) the date that is 15 days after the
deposit of the United States ratification of
the Nairobi Protocol.
(2) Notwithstanding section 514 of the Tariff Act of
1930 or any other provision of law, upon request filed
with the appropriate customs officer on or before the
date that is 180 days after the later of the dates
described in subparagraphs (A) and (B) of paragraph
(1), any entry, or withdrawal from warehouse, of any
article--
(A) which was made on or after August 12,
1985, and before such later date, and
(B) with respect to which there would have
been no duty if the provisions of this section,
or any amendments made by this section, applied
to such entry or withdrawal,
shall be liquidated or reliquidated as though such
entry or withdrawal had been made on or after such
later date.
SEC. 1122. IMPLEMENTATION OF UNITED STATES-EC AGREEMENT ON CITRUS AND
PASTA.
(a) Purpose.--The purpose of this section is to provide for
the implementation of tariff reductions agreed to by the United
States in the Agreement between the European Communities and
the United States, concluded February 24, 1987, with respect to
citrus and pasta.
(b) Proclamation Authority.--
(1) The amendments made by subsection (c) shall apply
with respect to articles entered, or withdrawn from
warehouse for consumption, on or after a date occurring
after September 30, 1988, that is proclaimed by the
President as being appropriate to carry out the
Agreement referred to in subsection (a).
(2) The President is authorized at any time to modify
or terminate by proclamation any provision of law
enacted by the amendments made by subsection (c).
(3) The rates of duty in column numbered 1 of the
Tariff Schedules of the United States that are enacted
by the amendments made by subsection (c) shall be
treated--
(A) as not having the status of statutory
provisions enacted by the Congress; but
(B) as having been proclaimed by the
President as being required to carry out a
foreign trade agreement to which the United
States is a party.
(c) * * *
(d) Report.--The Trade Representative shall include in the
semiannual report submitted under section 309(3) of the Trade
Act of 1974 an assessment of whether the European Communities
are in compliance with the agreement referred to in subsection
(a).
SEC. 1123. EXTENSION OF INTERNATIONAL COFFEE AGREEMENT ACT OF 1980.
(a) Extension.--Section 2 of the International Coffee
Agreement Act of 1980 (19 U.S.C. 1356k) is amended by striking
out ``October 1, 1986'' and inserting ``October 1, 1989''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect January 1, 1987.
SEC. 1124.\17\ NEGOTIATIONS ON CURRENCY EXCHANGE RATES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\17\ 22 U.S.C. 5304 note.
---------------------------------------------------------------------------
(1) the benefit of trade concessions can be adversely
affected by misalignments in currency, and
(2) misalignments in currency caused by government
policies intended to maintain an unfair trade advantage
tend to nullify and impair trade concessions.
(b) Negotiations.--Whenever, in the course of negotiating a
trade agreement under this subtitle, the President is advised
by the Secretary of the Treasury that a foreign country that is
a party to the negotiations satisfies the criteria for
initiating bilateral currency negotiations listed in section
3004(b) of this Act, the Secretary of the Treasury shall take
action to initiate bilateral currency negotiations on an
expedited basis with such foreign country.
SEC. 1125.\18\ REPORTS ON NEGOTIATIONS TO ELIMINATE WINE TRADE
BARRIERS.
Before the close of the 13-month period beginning on the date
of the enactment of this Act, the President shall update each
report that the President submitted to the Committee on Ways
and Means and the Committee on Finance under section 905(b) of
the Wine Equity and Export Expansion Act of 1984 (19 U.S.C.
2804) and submit the updated report to both of such committees.
Each updated report shall contain, with respect to the major
wine trading country concerned--
---------------------------------------------------------------------------
\18\ 19 U.S.C. 2804 note.
---------------------------------------------------------------------------
(1) a description of each tariff or nontariff barrier
to (or other distortion of) trade in United States wine
of that country with respect to which the United States
Trade Representative has carried out consultations
since the report required under such section 905(b) was
submitted;
(2) the status of the consultations described under
paragraph (1); and
(3) information, explanations, and recommendations of
the kind referred to in paragraph (1) (C), (D), and (E)
of such section 905(b) that are based on developments
(including the taking of relevant actions, if any, of a
kind not contemplated at the time of the enactment of
such 1984 Act) since the submission of the report
required under such section.
Subtitle B--Implementation of the Harmonized Tariff Schedule
SEC. 1201.\19\ PURPOSES.
The purposes of this subtitle are--
---------------------------------------------------------------------------
\19\ 19 U.S.C. 3001.
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(1) to approve the International Convention on the
Harmonized Commodity Description and Coding System;
(2) to implement in United States law the
nomenclature established internationally by the
Convention; and
(3) to provide that the Convention shall be treated
as a trade agreement obligation of the United States.
SEC. 1202.\20\ DEFINITIONS.
As used in this subtitle:
---------------------------------------------------------------------------
\20\ 19 U.S.C. 3002.
---------------------------------------------------------------------------
(1) The term ``Commission'' means the United States
International Trade Commission.
(2) The term ``Convention'' means the International
Convention on the Harmonized Commodity Description and
Coding System, done at Brussels on June 14, 1983, and
the Protocol thereto, done at Brussels on June 24,
1986, submitted to the Congress on June 15, 1987.
(3) The term ``entered'' means entered, or withdrawn
from warehouse for consumption, in the customs
territory of the United States.
(4) The term ``Federal agency'' means any
establishment in the executive branch of the United
States Government.
(5) The term ``old Schedules'' means title I of the
Tariff Act of 1930 (19 U.S.C. 1202) as in effect on the
day before the effective date of the amendment to such
title under section 1204(a).
(6) The term ``technical rectifications'' means
rectifications of an editorial character or minor
technical or clerical changes which do not affect the
substance or meaning of the text, such as--
(A) errors in spelling, numbering, or
punctuation;
(B) errors in indentation;
(C) errors (including inadvertent omissions)
in cross-references to headings or subheadings
or notes; and
(D) other clerical or typographical errors.
SEC. 1203.\21\ CONGRESSIONAL APPROVAL OF UNITED STATES ACCESSION TO THE
CONVENTION.
(a) Congressional Approval.--The Congress approves the
accession by the United States of America to the Convention.
---------------------------------------------------------------------------
\21\ 19 U.S.C. 3003.
---------------------------------------------------------------------------
(b) Acceptance of the Final Legal Text of the Convention by
the President.--The President may accept for the United States
the final legal instruments embodying the Convention. The
President shall submit a copy of each final instrument to the
Congress on the date it becomes available.
(c) Unspecified Private Remedies Not Created.--Neither the
entry into force with respect to the United States of the
Convention nor the enactment of this subtitle may be construed
as creating any private right of action or remedy for which
provision is not explicitly made under this subtitle or under
other laws of the United States.
(d) Termination.--The provisions of section 125(a) of the
Trade Act of 1974 (19 U.S.C. 2135(a)) do not apply to the
Convention.
SEC. 1204.\22\ ENACTMENT OF THE HARMONIZED TARIFF SCHEDULE.
(a) In General.--The Tariff Act of 1930 is amended by
striking out title I and inserting a new title I entitled
``Title I--Harmonized Tariff Schedule of the United States''
(hereinafter in this subtitle referred to as the ``Harmonized
Tariff Schedule'') which--
---------------------------------------------------------------------------
\22\ 19 U.S.C. 3004.
---------------------------------------------------------------------------
(1) consists of--
(A) the General Notes;
(B) the General Rules of Interpretation;
(C) the Additional U.S. Rules of
Interpretation;
(D) sections I to XXII, inclusive
(encompassing chapters 1 to 99, and including
all section and chapter notes, article
provisions, and tariff and other treatment
accorded thereto); and
(E) the Chemical Appendix to the Harmonized
Tariff Schedule;
all conforming to the nomenclature of the Convention
and as set forth in Publication No. 2030 of the
Commission entitled ``Harmonized Tariff Schedule of the
United States Annotated for Statistical Reporting
Purposes'' and Supplement No. 1 thereto; but
(2) does not include the statistical annotations,
notes, annexes, suffixes, check digits, units of
quantity, and other matters formulated under section
484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e)),
nor the table of contents, footnotes, index, and other
matters inserted for ease of reference, that are
included in such Publication No. 2030 or Supplement No.
1. thereto.
(b) Modifications to the Harmonized Tariff Schedule.--At the
earliest practicable date after the date of the enactment of
the Omnibus Trade and Competitiveness Act of 1988, the
President shall--
(1) proclaim such modifications to the Harmonized
Tariff Schedule as are consistent with the standards
applied in converting the old Schedules into the format
of the Convention, as reflected in such Publication No.
2030 and Supplement No. 1. thereto, and as are
necessary or appropriate to implement--
(A) the future outstanding staged rate
reductions authorized by the Congress in--
(i) the Trade Act of 1974 (19 U.S.C.
2101 et seq.) and the Trade Agreements
Act of 1979 (19 U.S.C. 2501 et seq.) to
reflect the tariff reductions that
resulted from the Tokyo Round of
multilateral trade negotiations, and
(ii) the United States-Israel Free
Trade Area Implementation Act of 1985
(19 U.S.C. 1202 note) to reflect the
tariff reduction resulting from the
United States-Israel Free Trade Area
Agreement,
(B) the applicable provisions of--
(i) statutes enacted,
(ii) executive actions taken, and
(iii) final judicial decisions
rendered,
after January 1, 1988, and before the effective
date of the Harmonized Tariff Schedule, and
(C) such technical rectifications as the
President considers necessary; and
(2) take such action as the President considers
necessary to bring trade agreements to which the United
States is a party into conformity with the Harmonized
Tariff Schedule.
(c) Status of the Harmonized Tariff Schedule.--
(1) The following shall be considered to be statutory
provisions of law for all purposes:
(A) The provisions of the Harmonized Tariff
Schedule as enacted by this subtitle.
(B) Each statutory amendment to the
Harmonized Tariff Schedule.
(C) Each modification or change made to the
Harmonized Tariff Schedule by the President
under authority of law (including section 604
of the Trade Act of 1974).
(2) Neither the enactment of this subtitle nor the
subsequent enactment of any amendment to the Harmonized
Tariff Schedule, unless such subsequent enactment
otherwise provides, may be construed as limiting the
authority of the President--
(A) to effect the import treatment necessary
or appropriate to carry out, modify, withdraw,
suspend, or terminate, in whole or in part,
trade agreements; or
(B) to take such other actions through the
modification, continuance, or imposition of any
rate of duty or other import restriction as may
be necessary or appropriate under the authority
of the President.
(3) If a rate of duty established in column 1 by the
President by proclamation or Executive order is higher
than the existing rate of duty in column 2, the
President may by proclamation or Executive order
increase such existing rate to the higher rate.
(4) If a rate of duty is suspended or terminated by
the President by proclamation or Executive order and
the proclamation or Executive order does not specify
the rate that is to apply in lieu of the suspended or
terminated rate, the last rate of duty that applied
prior to the suspended or terminated rate shall be the
effective rate of duty.
(d) Interim Informational Use of Harmonized Tariff Schedule
Classifications.--Each--
(1) proclamation issued by the President;
(2) public notice issued by the Commission or other
Federal agency; and
(3) finding, determination, order, recommendation, or
other decision made by the Commission or other Federal
agency;
during the period between the date of the enactment of the
Omnibus Trade and Competitiveness Act of 1988 and the effective
date of the Harmonized Tariff Schedule shall, if the
proclamation, notice, or decision contains a reference to the
tariff classification of any article, include, for
informational purposes, a reference to the classification of
that article under the Harmonized Tariff Schedule.
SEC. 1205.\23\ COMMISSION REVIEW OF, AND RECOMMENDATIONS REGARDING, THE
HARMONIZED TARIFF SCHEDULE.
(a) In General.--The Commission shall keep the Harmonized
Tariff Schedule under continuous review and periodically, at
such time as amendments to the Convention are recommended by
the Customs Cooperation Council for adoption, and as other
circumstances warrant, shall recommend to the President such
modifications in the Harmonized Tariff Schedule as the
Commission considers necessary or appropriate--
---------------------------------------------------------------------------
\23\ 19 U.S.C. 3005.
---------------------------------------------------------------------------
(1) to conform the Harmonized Tariff Schedule with
amendments made to the Convention;
(2) to promote the uniform application of the
Convention and particularly the Annex thereto;
(3) to ensure that the Harmonized Tariff Schedule is
kept up-to-date in light of changes in technology or in
patterns of international trade;
(4) to alleviate unnecessary administrative burdens;
and
(5) to make technical rectifications.
(b) Agency and Public Views Regarding Recommendations.--In
formulating recommendations under subsection (a), the
Commission shall solicit, and give consideration to, the views
of interested Federal agencies and the public. For purposes of
obtaining public views, the Commission--
(1) shall give notice of the proposed recommendations
and afford reasonable opportunity for interested
parties to present their views in writing; and
(2) may provide for a public hearing.
(c) Submission of Recommendations.--The Commission shall
submit recommendations under this section to the President in
the form of a report that shall include a summary of the
information on which the recommendations were based, together
with a statement of the probable economic effect of each
recommended change on any industry in the United States. The
report also shall include a copy of all written views submitted
by interested Federal agencies and a copy or summary, prepared
by the Commission, of the views of all other interested
parties.
(d) Requirements Regarding Recommendations.--The Commission
may not recommend any modification to the Harmonized Tariff
Schedule unless the modification meets the following
requirements:
(1) The modification must--
(A) be consistent with the Convention or any
amendment thereto recommended for adoption;
(B) be consistent with sound nomenclature
principles; and
(C) ensure substantial rate neutrality.
(2) Any change to a rate of duty must be consequent
to, or necessitated by, nomenclature modifications that
are recommended under this section.
(3) The modification must not alter existing
conditions of competition for the affected United
States industry, labor, or trade.
SEC. 1206.\24\ PRESIDENTIAL ACTION ON COMMISSION RECOMMENDATIONS.
(a) In General.--The President may proclaim modifications,
based on the recommendations by the Commission under section
1205, to the Harmonized Tariff Schedule if the President
determines that the modifications--
---------------------------------------------------------------------------
\24\ 19 U.S.C. 3006.
---------------------------------------------------------------------------
(1) are in conformity with United States obligations
under the Convention; and
(2) do not run counter to the national economic
interest of the United States.
(b) \25\ Lay-Over Period.--
---------------------------------------------------------------------------
\25\ Reporting requirements vested in the President in subsec. (b)
were delegated to the U.S. Trade Representative in a Presidential
memorandum of December 12, 1991 (56 F.R. 65413; December 16, 1991).
---------------------------------------------------------------------------
(1) The President may proclaim a modification under
subsection (a) only after the expiration of the 60-day
period beginning on the date on which the President
submits a report to the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate that sets forth the proposed
modification and the reasons therefor.
(2) The 60-day period referred to in paragraph (1)
shall be computed by excluding--
(A) the days on which either House is not in
session because of an adjournment of more than
3 days to a day certain or an adjournment of
the Congress sine die; and
(B) any Saturday and Sunday, not excluded
under subparagraph (A), when either House is
not in session.
(c) Effective Date of Modifications.--Modifications
proclaimed by the President under subsection (a) may not take
effect before the 15th day after the date on which the text of
the proclamation is published in the Federal Register.
SEC. 1207.\26\ PUBLICATION OF THE HARMONIZED TARIFF SCHEDULE.
(a) In General.--The Commission shall compile and publish,
at appropriate intervals, and keep up to date the Harmonized
Tariff Schedule and related information in the form of printed
copy; and, if, in its judgment, such format would serve the
public interest and convenience--
---------------------------------------------------------------------------
\26\ 19 U.S.C. 3007.
---------------------------------------------------------------------------
(1) in the form of microfilm images; or
(2) in the form of electronic media.
(b) Content.--Publications under subsection (a), in whatever
format, shall contain--
(1) the then current Harmonized Tariff Schedule;
(2) statistical annotations and related statistical
information formulated under section 484(f) of the
Tariff Act of 1930 (19 U.S.C. 1484(f)); and \27\
---------------------------------------------------------------------------
\27\ Sec. 21(e)(10) of Public Law 104-295 (110 Stat. 3531) struck
out ``484(e)'' and ``1484(e)'' and inserted in lieu thereof ``484(f)''
and ``1484(f)'', respectively.
---------------------------------------------------------------------------
(3) such other matters as the Commission considers to
be necessary or appropriate to carry out the purposes
enumerated in the Preamble to the Convention.
SEC. 1208.\28\ IMPORT AND EXPORT STATISTICS.
The Secretary of Commerce shall compile, and make publicly
available, the import and export trade statistics of the United
States. Such statistics shall be conformed to the nomenclature
of the Convention.
---------------------------------------------------------------------------
\28\ 19 U.S.C. 3008.
---------------------------------------------------------------------------
SEC. 1209.\29\ COORDINATION OF TRADE POLICY AND THE CONVENTION.
The United States Trade Representative is responsible for
coordination of United States trade policy in relation to the
Convention. Before formulating any United States position with
respect to the Convention, including any proposed amendments
thereto, the United States Trade Representative shall seek, and
consider, information and advice from interested parties in the
private sector (including a functional advisory committee) and
from interested Federal agencies.
---------------------------------------------------------------------------
\29\ 19 U.S.C. 3009.
---------------------------------------------------------------------------
SEC. 1210.\30\ UNITED STATES PARTICIPATION ON THE CUSTOMS COOPERATION
COUNCIL REGARDING THE CONVENTION.
(a) Principal United States Agencies.--
---------------------------------------------------------------------------
\30\ 19 U.S.C. 3010.
---------------------------------------------------------------------------
(1) Subject to the policy direction of the Office of
the United States Trade Representative under section
1209, the Department of the Treasury, the Department of
Commerce, and the Commission shall, with respect to the
activities of the Customs Cooperation Council relating
to the Convention--
(A) be primarily responsible for formulating
United States Government positions on technical
and procedural issues; and
(B) represent the United States Government.
(2) The Department of Agriculture and other
interested Federal agencies shall provide to the
Department of the Treasury, the Department of Commerce,
and the Commission technical advice and assistance
relating to the functions referred to in paragraph (1).
(b) Development of Technical Proposals.--
(1) In connection with responsibilities arising from
the implementation of the Convention and under section
484(f) of the Tariff Act of 1930 (19 U.S.C. 1484(f))
\27\ regarding United States programs for the
development of adequate and comparable statistical
information on merchandise trade, the Secretary of the
Treasury, the Secretary of Commerce, and the Commission
shall prepare technical proposals that are appropriate
or required to assure that the United States
contribution to the development of the Convention
recognizes the needs of the United States business
community for a Convention which reflects sound
principles of commodity identification, modern
producing methods, and current trading patterns and
practices.
(2) In carrying out this subsection, the Secretary of
the Treasury, the Secretary of Commerce, and the
Commission shall--
(A) solicit and consider the views of
interested parties in the private sector
(including a functional advisory committee) and
of interested Federal agencies;
(B) establish procedures for reviewing, and
developing appropriate responses to, inquiries
and complaints from interested parties
concerning articles produced in and exported
from the United States; and
(C) where appropriate, establish procedures
for--
(i) ensuring that the dispute
settlement provisions and other
relevant procedures available under the
Convention are utilized to promote
United States export interests, and
(ii) submitting classification
questions to the Harmonized System
Committee of the Customs Cooperation
Council.
(c) Availability of Customs Cooperation Council
Publications.--As soon as practicable after the date of the
enactment of the Omnibus Trade and Competitiveness Act of 1988,
and periodically thereafter as appropriate, the Commission
shall see to the publication of--
(1) summary records of the Harmonized System
Committee of the Customs Cooperation Council; and
(2) subject to applicable copyright laws, the
Explanatory Notes, Classification Opinions, and other
instruments of the Customs Cooperation Council relating
to the Convention.
SEC. 1211.\31\ TRANSITION TO THE HARMONIZED TARIFF SCHEDULE.
(a) Existing Executive Actions.--
---------------------------------------------------------------------------
\31\ 19 U.S.C. 3011.
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(1) The appropriate officers of the United States
Government shall take whatever actions are necessary to
conform, to the fullest extent practicable, with the
tariff classification system of the Harmonized Tariff
Schedule all proclamations, regulations, rulings,
notices, findings, determinations, orders,
recommendations, and other written actions that--
(A) are in effect on the day before the
effective date of the Harmonized Tariff
Schedule; and
(B) contain references to the tariff
classification of articles under the old
Schedules.
(2) Neither the repeal of the old Schedules, nor the
failure of any officer of the United States Government
to make the conforming changes required under paragraph
(1), shall affect to any extent the validity or effect
of the proclamation, regulation, ruling, notice,
finding, determination, order, recommendation, or other
action referred to in paragraph (1).
(b) Generalized System of Preferences Conversion.--
(1) The review of the proposed conversion of the
Generalized System of Preferences program to the
Convention tariff nomenclature, initiated by the Office
of the United States Trade Representative by notice
published in the Federal Register on December 8, 1986
(at page 44,163 of volume 51 thereof), shall be treated
as satisfying the requirements of sections 503(a) and
504(c)(3) of the Trade Act of 1974 (as in effect on
July 31, 1995).\32\
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\32\ Sec. 1954(a)(1)(A) of Public Law 104-188 (110 Stat. 1927)
struck out ``(19 U.S.C. 2463(a), 2464(c)(3))'' and inserted in lieu
thereof ``(as in effect on July 31, 1995)''.
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(2) In applying section 504(c)(1) of the Trade Act of
1974 (as in effect on July 31, 1995) \33\ for calendar
year 1989, the reference in such section to July 1
shall be treated as a reference to September 1.
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\33\ Sec. 1954(a)(1)(B) of Public Law 104-188 (110 Stat. 1927)
struck out ``(19 U.S.C. 2464(c)(1))'' and inserted in lieu thereof
``(as in effect on July 31, 1995)''.
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(c) Import Restrictions Under the Agricultural Adjustment
Act.--
(1) Whenever the President determines that the
conversion of an import restriction proclaimed under
section 22 of the Agricultural Adjustment Act (7 U.S.C.
624) from part 3 of the Appendix to the old Schedules
to subchapter IV of chapter 99 of the Harmonized Tariff
Schedule results in--
(A) an article that was previously subject to
the restriction being excluded from the
restriction; or
(B) an article not previously subject to the
restriction being included within the
restriction;
the President may proclaim changes in subchapter IV of
chapter 99 of the Harmonized Tariff Schedule to conform
that subchapter to the fullest extent possible to part
3 of the Appendix to the old Schedules.
(2) Whenever the President determines that the
conversion from headnote 2 of subpart A of part 10 of
schedule 1 of the old Schedules to Additional U.S. Note
2, chapter 17, of the Harmonized Tariff Schedule
results in--
(A) an article that was previously covered by
such headnote being excluded from coverage; or
(B) an article not previously covered by such
headnote being included in coverage;
the President may proclaim changes in Additional U.S.
Note 2, chapter 17 of the Harmonized Tariff Schedule to
conform that note to the fullest extent possible to
headnote 2 of subpart A of part 10 of schedule 1 of the
old Schedules.
(3) No change to the Harmonized Tariff Schedule may
be proclaimed under paragraph (1) or (2) after June 30,
1990.
(d) Certain Protests and Petitions Under the Customs Law.--
(1)(A) This subtitle may not be considered to divest
the courts of jurisdiction over--
(i) any protest filed under section 514 of
the Tariff Act of 1930 (19 U.S.C. 1514); or
(ii) any petition by an American
manufacturer, producer, or wholesaler under
section 516 of such Act (19 U.S.C. 1516);
covering articles entered before the effective date of
the Harmonized Tariff Schedule.
(B) Nothing in this subtitle shall affect the
jurisdiction of the courts with respect to articles
entered after the effective date of the Harmonized
Tariff Schedule.
(2)(A) If any protest or petition referred to in
paragraph (1)(A) is sustained in whole or in part by a
final judicial decision, the entries subject to that
protest or petition and made before the effective date
of the Harmonized Tariff Schedule shall be liquidated
or reliquidated, as appropriate, in accordance with
such final judicial decision under the old Schedules.
(B) At the earliest practicable date after the
effective date of the Harmonized Tariff Schedule, the
Commission shall initiate an investigation under
section 332 of the Tariff Act of 1930 (19 U.S.C. 1332)
of those final judicial decisions referred to in
subparagraph (A) that--
(i) are published during the 2-year period
beginning on February 1, 1988; and
(ii) would have affected tariff treatment if
they had been published during the period of
the conversion of the old Schedules into the
format of the Convention.
No later than September 1, 1990, the Commission shall
report the results of the investigation to the
President, the Committee on Ways and Means, and the
Committee on Finance, and shall recommend those changes
to the Harmonized Tariff Schedule that the Commission
would have recommended if the final decisions concerned
had been made before the conversion into the format of
the Convention occurred.
(3) The President shall review all changes
recommended by the Commission under paragraph (2)(B)
and shall, as soon as practicable, proclaim such of
those changes, if any, which he decides are necessary
or appropriate to conform such Schedule to the final
judicial decisions. Any such change shall be effective
with respect to--
(A) entries made on or after the date of such
proclamation; and
(B) entries made on or after the effective
date of the Harmonized Tariff Schedule if,
notwithstanding section 514 of the Tariff Act
of 1930 (19 U.S.C. 1514), application for
liquidation or reliquidation thereof is made by
the importer to the customs officer concerned
within 180 days after the effective date of
such proclamation.
(4) If any protest or petition referred to in
paragraph (1)(A) is not sustained in whole or in part
by a final judicial decision, the entries subject to
that petition or protest and made before the effective
date of the Harmonized Tariff Schedule shall be
liquidated or reliquidated, as appropriate, in
accordance with the final judicial decision under the
old Schedules.
SEC. 1212.\34\ REFERENCE TO THE HARMONIZED TARIFF SCHEDULE.
Any reference in any law to the ``Tariff Schedules of the
United States'', ``the Tariff Schedules'', ``such Schedules'',
and any other general reference that clearly refers to the old
Schedules shall be treated as a reference to the Harmonized
Tariff Schedule.
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\34\ 19 U.S.C. 3012.
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* * * * * * *
SEC. 1216.\35\ COMMISSION REPORT ON OPERATION OF SUBTITLE.
The Commission, in consultation with other appropriate
Federal agencies, shall prepare, and submit to the Congress and
to the President, a report regarding the operation of this
subtitle during the 12-month period commencing on the effective
date of the Harmonized Tariff Schedule. The report shall be
submitted to the Congress and to the President before the close
of the 6-month period beginning on the day after the last day
of such 12-month period.
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\35\ 19 U.S.C. 3005 note.
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SEC. 1217.\36\ EFFECTIVE DATES.
(a) Accession to Convention and Provisions Other Than the
Implementation of the Harmonized Tariff Schedule.--Except as
provided in subsection (b), the provisions of this subtitle
take effect on the date of the enactment of the Omnibus Trade
and Competitiveness Act of 1988.
---------------------------------------------------------------------------
\36\ 19 U.S.C. 3001 note.
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(b) Implementation of the Harmonized Tariff Schedule.--The
effective date of the Harmonized Tariff Schedule is January 1,
1989. On such date--
(1) the amendments made by sections 1204(a), 1213,
1214, and 1215 take effect and apply with respect to
articles entered on or after such date; and
(2) sections 1204(c), 1211, and 1212 take effect.
Subtitle C--Response to Unfair International Trade Practices
part 1--enforcement of united states rights under trade agreements and
response to certain foreign trade practices
* * * * * * *
SEC. 1303. IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE AND EFFECTIVE
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.
(a) Findings and Purpose.--
(1) The Congress finds that--
(A) international protection of intellectual
property rights is vital to the international
competitiveness of United States persons that
rely on protection of intellectual property
rights; and
(B) the absence of adequate and effective
protection of United States intellectual
property rights, and the denial of fair and
equitable market access, seriously impede the
ability of the United States persons that rely
on protection of intellectual property rights
to export and operate overseas, thereby harming
the economic interests of the United States.
(2) The purpose of this section is to provide for the
development of an overall strategy to ensure adequate
and effective protection of intellectual property
rights and fair and equitable market access for United
States persons that rely on protection of intellectual
property rights.
(b) \37\ * * *
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\37\ Subsec. (b) added a new sec. 182 to ch. 8 of title I of the
Trade Act of 1974 (Public Law 93-618; 19 U.S.C. 2242).
---------------------------------------------------------------------------
* * * * * * *
SEC. 1305. INVESTIGATION OF BARRIERS IN JAPAN TO CERTAIN UNITED STATES
SERVICES.
The United States Trade Representative shall, within 90 days
after the date of enactment of this Act, initiate an
investigation under section 302 of the Trade Act of 1974
regarding those acts, policies, and practices of the Government
of Japan, and of entities owned, financed, or otherwise
controlled by the Government of Japan, that are barriers in
Japan to the offering or performance by United States persons
of architectural, engineering, construction, and consulting
services in Japan.
SEC. 1306. TRADE AND ECONOMIC RELATIONS WITH JAPAN.
(a) Findings.--The Congress finds that--
(1) the United States is at a critical juncture in
bilateral relations with Japan;
(2) the balance of trade between the United States
and Japan has deteriorated steadily from an already
large United States deficit of $10,400,000,000 in 1980
to an unprecedented United States deficit of
$57,700,000,000 in 1987, a magnitude that is simply
untenable;
(3) approximately 90 percent of the increase in total
trade between the United States and Japan since 1980
has been in Japanese exports to the United States;
(4) United States exports to Japan have not
significantly benefited from appreciation of the yen;
(5) the United States deficit in the balance of trade
in manufactured goods is growing: in 1987 Japan
exported $82,500,000,000 of manufactured goods to the
United States, while the United States exported
$14,600,000,000 in manufactured goods;
(6) Japan accounts for 49 percent of the worldwide
deficit of the United States in the balance of trade in
manufactured goods, calculated on a customs basis;
(7) our trade and economic relations with Japan are
complex and cannot be effectively resolved through
narrow sector-by-sector negotiations;
(8) a major problem between the United States and
Japan is the absence of a political will in Japan to
import; and
(9) meaningful negotiations must take place at the
highest level, at a special summit of political leaders
from both countries.
(b) Sense of the Congress.--
(1) It is the sense of the Congress that the
President should propose to the Japanese Prime Minister
that a special summit be held between the leaders of
the United States and Japan for the purpose of--
(A) addressing trade and economic issues, and
(B) establishing--
(i) an agreement that provides
objectives for improvement in trade and
economic relations, and
(ii) targets for achieving these
objectives.
(2) The delegation of the United States to the summit
meeting described in subsection (a) should include--
(A) Members of Congress from both political
parties, and
(B) appropriate officers of the executive
branch of the United States Government.
(3) The delegation of Japan to the summit meeting
described in subsection (a) should include--
(A) representatives of all political parties
in Japan, and
(B) appropriate officers of the Government of
Japan.
SEC. 1307. SUPERCOMPUTER TRADE DISPUTE.
(a) Findings.--The Congress finds that--
(1) United States manufacturers of supercomputers
have encountered significant obstacles in selling
supercomputers in Japan, particularly to government
agencies and universities;
(2) Japanese government procurement policies and
pricing practices have denied United States
manufacturers access to the Japanese supercomputer
market;
(3) it has been reported that officials of the
Ministry of International Trade and Industry of Japan
have told United States Government officials that
Japanese government agencies and universities do not
intend to purchase supercomputers from United States
manufacturers, or take steps to improve access for
United States manufacturers;
(4) the United States Government in August 1987
signed an agreement with the Government of Japan
establishing procedures for the procurement of United
States supercomputers by the Government of Japan;
(5) concern remains as to implementation of the
procurement agreement by the Government of Japan;
(6) there have been allegations that Japanese
manufacturers of supercomputers have been offering
supercomputers at drastically discounted prices in the
markets of the United States, Japan, and other
countries;
(7) deep price discounting raises the concern that
Japan's large-scale vertically integrated manufacturers
of supercomputers have targeted the supercomputer
industry with the objective of eventual domination of
the global computer market; and
(8) the supercomputer industry plays a central role
in the technological competitiveness and national
security of the United States.
(b) Sense of Congress.--It is the sense of the Congress that
the United States Trade Representative and other appropriate
officials of the United States Government should--
(1) give the highest priority to concluding and
enforcing agreements with the Government of Japan which
achieve improved market access for United States
manufacturers of supercomputers and end any predatory
pricing activities of Japanese companies in the United
States, Japan, and other countries; and
(2) continue to monitor the efforts of United States
manufacturers of supercomputers to gain access to the
Japanese market, recognizing that the Government of
Japan may continue to manipulate the government
procurement process to maintain the market dominance of
Japanese manufacturers.
part 2--improvement in the enforcement of the antidumping and
countervailing duty laws
SEC. 1311. REFERENCE TO TITLE VII OF THE TARIFF ACT OF 1930.
Unless otherwise provided, whenever in this part an amendment
or repeal is expressed in terms of an amendment to, or repeal
of, a subtitle, section, subsection, or other provision, the
reference shall be considered to be made to a subtitle,
section, subsection, or other provision of title VII of the
Tariff Act of 1930 (19 U.S.C. 1671 et seq.).
* * * * * * *
SEC. 1317.\38\ THIRD-COUNTRY DUMPING.
(a) Definitions.--For purposes of this section:
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\38\ 19 U.S.C. 1677k.
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(1)(A) \39\ The term ``Agreement'' means the
Agreement on Implementation of Article VI of the GATT
1994 (relating to antidumping measures).
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\39\ Sec. 621(a)(1) of Public Law 103-465 (108 Stat. 4992) inserted
``(A)'' after ``(1)'', struck out ``General Agreement of Tariffs and
Trade'' and inserted in lieu thereof ``GATT 1994'', and added subpara.
(B).
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(B) \39\ the term ``GATT 1994'' has the meaning given
that term in section 2(1)(B) of the Uruguay Round
Agreements Act.
(2) The term ``Agreement country'' means a foreign
country that has accepted the Agreement.
(3) The term ``Trade Representative'' means the
United States Trade Representative.
(b) Petition by Domestic Industry.--
(1) A domestic industry that produces a product that
is like or directly competitive with merchandise
produced by a foreign country (whether or not an
Agreement country) may, if it has reason to believe
that--
(A) such merchandise is being dumped in an
Agreement country; and
(B) such domestic industry is being
materially injured, or threatened with material
injury, by reason of such dumping;
submit a petition to the Trade Representative that
alleges the elements referred to in subparagraphs (A)
and (B) and requests the Trade Representative to take
action under subsection (c) on behalf of the domestic
industry.
(2) A petition submitted under paragraph (1) shall
contain such detailed information as the Trade
Representative may require in support of the
allegations in the petition.
(c) Application for Antidumping Action on Behalf of the
Domestic Industry.--
(1) If the Trade Representative, on the basis of the
information contained in a petition submitted under
paragraph (1), determines that there is a reasonable
basis for the allegations in the petition, the Trade
Representative shall submit to the appropriate
authority of the Agreement country where the alleged
dumping is occurring an application pursuant to Article
12 of the Agreement which requests that appropriate
antidumping action under the law of that country be
taken, on behalf of the United States, with respect to
imports into that country of the merchandise concerned.
(2) At the request of the Trade Representative, the
appropriate officers of the Department of Commerce and
the United States International Trade Commission shall
assist the Trade Representative in preparing the
application under paragraph (1).
(d) Consultation After Submission of Application.--After
submitting an application under subsection (c)(1), the Trade
Representative shall seek consultations with the appropriate
authority of the Agreement country regarding the request for
antidumping action.
(e) Action Upon Refusal of Agreement Country To Act.--If the
appropriate authority of an Agreement country refuses to
undertake antidumping measures in response to a request made
therefor by the Trade Representative under subsection (c), the
Trade Representative shall promptly consult with the domestic
industry on whether action under any other law of the United
States is appropriate.
* * * * * * *
SEC. 1336. STUDIES.
(a) Study of Market Orientation of China.--The Secretary of
Commerce, in consultation with the heads of other appropriate
Federal agencies, shall undertake a study regarding the new
market orientation of the People's Republic of China. The study
shall address, but not be limited to--
(1) the effect of the new orientation on Chinese
market policies and price structure, and the
relationship between domestic Chinese prices and world
prices;
(2) the extent to which United States trade law
practices can accommodate the increased market
orientation of the Chinese economy; and
(3) the possible need for changes in United States
antidumping laws as they apply to foreign countries,
such as China, which are in transition to a more
market-oriented economy.
The Secretary of Commerce shall submit to the Congress within 1
year after the date of the enactment of this Act a report on
the study required under this subsection.
(b) Subsidies Code Commitments.--Within 90 days after the
date of the enactment of this Act, the United States Trade
Representative shall initiate a review of all bilateral subsidy
commitments that have been entered into by foreign governments
with the United States. The review shall include--
(1) an evaluation of the extent to which the
commitments have been complied with;
(2) with respect to those commitments found under
paragraph (1) not to have been complied with, an
estimate regarding when compliance is likely; and
(3) recommendations regarding how compliance can be
improved.
The United States Trade Representative shall complete the
review required under this subsection and submit a report
thereon to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
within 180 days after the date of the enactment of this Act.
* * * * * * *
part 3--protection of intellectual property rights
SEC. 1341.\40\ CONGRESSIONAL FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
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\40\ 19 U.S.C. 1337 note.
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(1) United States persons that rely on protection of
intellectual property rights are among the most
advanced and competitive in the world; and
(2) the existing protection under section 337 of the
Tariff Act of 1930 against unfair trade practices is
cumbersome and costly and has not provided United
States owners of intellectual property rights with
adequate protection against foreign companies violating
such rights.
(b) Purpose.--The purpose of this part is to amend section
337 of the Tariff Act of 1930 to make it a more effective
remedy for the protection of United States intellectual
property rights.
SEC. 1342. PROTECTION UNDER THE TARIFF ACT OF 1930.
(a) * * *
(b) * * *
(c) Conforming Amendment.--The Act entitled ``An Act to limit
the importation of products made, produced, processed, or mined
under process covered by unexpired valid United States patents,
and for other purposes'', approved July 2, 1940 (54 Stat. 724,
19 U.S.C. 1337a), is repealed.
(d) Effective Date.--
(1)(A) Subject to subparagraph (B), the amendments
made by this section shall take effect on the date of
the enactment of this Act.
(B) The United States International Trade Commission
is not required to apply the provision in section
337(e)(2) of the Tariff Act of 1930 (as amended by
subsection (a)(3) of this section) relating to the
posting of bonds until the earlier of--
(i) the 90th day after such date of
enactment; or
(ii) the day on which the Commission issues
interim regulations setting forth the
procedures relating to such posting.
(2) Notwithstanding any provision of section 337 of
the Tariff Act of 1930, the United States International
Trade Commission may extend, by not more than 90 days,
the period within which the Commission is required to
make a determination in an investigation conducted
under such section 337 if--
(A) the Commission would, but for this
paragraph, be required to make such
determination before the 180th day after the
date of enactment of this Act; and
(B) the Commission finds that the
investigation is complicated.
part 4--telecommunications trade
SEC. 1371.\41\ SHORT TITLE.
This part may be cited as the ``Telecommunications Trade Act
of 1988''.
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\41\ 19 U.S.C. 3101 note.
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SEC. 1372.\42\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
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\42\ 19 U.S.C. 3101.
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(1) rapid growth in the world market for
telecommunications products and services is likely to
continue for several decades;
(2) the United States can improve prospects for--
(A) the growth of--
(i) United States exports of
telecommunications products and
services, and
(ii) export-related employment and
consumer services in the United States,
and
(B) the continuance of the technological
leadership of the United States,
by undertaking a program to achieve an open world
market for trade in telecommunications products,
services, and investment;
(3) most foreign markets for telecommunications
products, services, and investment are characterized by
extensive government intervention (including
restrictive import practices and discriminatory
procurement practices) which adversely affect United
States exports of telecommunications products and
services and United States investment in
telecommunications;
(4) the open nature of the United States
telecommunications market, accruing from the
liberalization and restructuring of such market, has
contributed, and will continue to contribute, to an
increase in imports of telecommunications products and
a growing imbalance in competitive opportunities for
trade in telecommunications;
(5) unless this imbalance is corrected through the
achievement of mutually advantageous market
opportunities for trade in telecommunications products
and services between the United States and foreign
countries, the United States should avoid granting
continued open access to the telecommunications
products and services of such foreign countries in the
United States market; and
(6) the unique business conditions in the worldwide
market for telecommunications products and services
caused by the combination of deregulation and
divestiture in the United States, which represents a
unilateral liberalization of United States trade with
the rest of the world, and continuing government
intervention in the domestic industries of many other
countries create a need to make an exception in the
case of telecommunications products and services that
should not necessarily be a precedent for legislating
specific sectoral priorities in combating the closed
markets or unfair foreign trade practices of other
countries.
(b) Purposes.--The purposes of this part are--
(1) to foster the economic and technological growth
of, and employment in, the United States
telecommunications industry;
(2) to secure a high quality telecommunications
network for the benefit of the people of the United
States;
(3) to develop an international consensus in favor of
open trade and competition in telecommunications
products and services;
(4) to ensure that countries which have made
commitments to open telecommunications trade fully
abide by those commitments; and
(5) to achieve a more open world trading system for
telecommunications products and services through
negotiation and provision of mutually advantageous
market opportunities for United States
telecommunications exporters and their subsidiaries in
those markets in which barriers exist to free
international trade.
SEC. 1373.\43\ DEFINITIONS.
For purposes of this part--
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\43\ 19 U.S.C. 3102.
---------------------------------------------------------------------------
(1) The term ``Trade Representative'' means the
United States Trade Representative.
(2) The term ``telecommunications product'' means--
(A) any paging devices provided for under
item 685.65 of such Schedules, and
(B) any article classified under any of the
following item numbers of such Schedules:
684.57 684.67 685.28 685.39
684.58 684.80 685.30 685.48
684.59 685.16 685.31 688.17
684.65 685.24 685.33 688.41
684.66 685.25 685.34 707.90.
SEC. 1374.\44\ INVESTIGATION OF FOREIGN TELECOMMUNICATIONS TRADE
BARRIERS.
(a) In General.--The Trade Representative shall conduct an
investigation to identify priority foreign countries. Such
investigation shall be concluded by no later than the date that
is 5 months after the date of enactment of this Act.
---------------------------------------------------------------------------
\44\ 19 U.S.C. 3103.
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(b) Factors To Be Taken Into Account.--In identifying
priority foreign countries under subsection (a), the Trade
Representative shall take into account, among other relevant
factors--
(1) the nature and significance of the acts,
policies, and practices that deny mutually advantageous
market opportunities to telecommunications products and
services of United States firms;
(2) the economic benefits (actual and potential)
accruing to foreign firms from open access to the
United States market;
(3) the potential size of the market of a foreign
country for telecommunications products and services of
United States firms;
(4) the potential to increase United States exports
of telecommunications products and services, either
directly or through the establishment of a beneficial
precedent; and
(5) measurable progress being made to eliminate the
objectionable acts, policies, or practices.
(c) Revocations and Additional Identifications.--
(1) The Trade Representative may at any time, after
taking into account the factors described in subsection
(b)--
(A) revoke the identification of any priority
foreign country that was made under this
section, or
(B) identify any foreign country as a
priority foreign country under this section,
if information available to the Trade Representative
indicates that such action is appropriate.
(2) The Trade Representative shall include in the
semiannual report submitted to the Congress under
section 309(3) of the Trade Act of 1974 a detailed
explanation of the reasons for the revocation under
paragraph (1) of this subsection of any identification
of any foreign country as a priority foreign country.
(d) Report to Congress.--By no later than the date that is 30
days after the date on which the investigation conducted under
subsection (a) is completed, the United States Trade
Representative shall submit a report on the investigation to
the President and to appropriate committees of the Congress.
SEC. 1375.\45\ NEGOTIATIONS IN RESPONSE TO INVESTIGATION.
(a) In General.--Upon--
---------------------------------------------------------------------------
\45\ 19 U.S.C. 3104.
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(1) the date that is 30 days after the date on which
any foreign country is identified in the investigation
conducted under section 1374(a) as a priority foreign
country, and
(2) the date on which any foreign country is
identified under section 1374(c)(1)(B) as a priority
foreign country,
the President shall enter into negotiations with such priority
foreign country for the purpose of entering into a bilateral or
multilateral trade agreement under part 1 of subtitle A which
meets the specific negotiating objectives established by the
President under subsection (b) for such priority foreign
country.
(b) Establishment of Specific Negotiating Objectives for Each
Foreign Priority Country.--
(1) The President shall establish such relevant
specific negotiating objectives on a country-by-country
basis as are necessary to meet the general negotiating
objectives of the United States under this section.
(2)(A) The President may refine or modify specific
negotiating objectives for particular negotiations in
order to respond to circumstances arising during the
negotiating period, including--
(i) changed practices by the priority foreign
country,
(ii) tangible substantive developments in
multilateral negotiations,
(iii) changes in competitive positions,
technological developments, or
(iv) other relevant factors.
(B) By no later than the date that is 30 days after
the date on which the President makes any modifications
or refinements to specific negotiating objectives under
subparagraph (A), the President shall submit to
appropriate committees of the Congress a statement
describing such modifications or refinements and the
reasons for such modifications or refinements.
(c) General Negotiating Objectives.--The general negotiating
objectives of the United States under this section are--
(1) to obtain multilateral or bilateral agreements
(or the modification of existing agreements) that
provide mutually advantageous market opportunities for
trade in telecommunications products and services
between the United States and foreign countries;
(2) to correct the imbalances in market opportunities
accruing from reductions in barriers to the access of
telecommunications products and services of foreign
firms to the United States market; and
(3) to facilitate the increase in United States
exports of telecommunications products and services to
a level of exports that reflects the competitiveness of
the United States telecommunications industry.
(d) Specific Negotiating Objectives.--The specific
negotiating objectives of the United States under this section
regarding telecommunications products and services are to
obtain--
(1) national treatment for telecommunications
products and services that are provided by United
States firms;
(2) most-favored-nation treatment for such products
and services;
(3) nondiscriminatory procurement policies with
respect to such products and services and the inclusion
under the Agreement on Government Procurement of the
procurement (by sale or lease by government-owned or
controlled entities) of all telecommunications products
and services;
(4) the reduction or elimination of customs duties on
telecommunications products;
(5) the elimination of subsidies, violations of
intellectual property rights, and other unfair trade
practices that distort international trade in
telecommunications products and services;
(6) the elimination of investment barriers that
restrict the establishment of foreign-owned business
entities which market such products and services;
(7) assurances that any requirement for the
registration of telecommunications products, which are
to be located on customer premises, for the purposes
of--
(A) attachment to a telecommunications
network in a foreign country, and
(B) the marketing of the products in a
foreign country,
be limited to the certification by the manufacturer
that the products meet the standards established by the
foreign country for preventing harm to the network or
network personnel;
(8) transparency of, and open participation in, the
standards-setting processes used in foreign countries
with respect to telecommunications products;
(9) the ability to have telecommunications products,
which are to be located on customer premises, approved
and registered by type, and, if appropriate, the
establishment of procedures between the United States
and foreign countries for the mutual recognition of
type approvals;
(10) access to the basic telecommunications network
in foreign countries on reasonable and
nondiscriminatory terms and conditions (including
nondiscriminatory prices) for the provision of value-
added services by United States suppliers;
(11) the nondiscriminatory procurement of
telecommunications products and services by foreign
entities that provide local exchange telecommunications
services which are owned, controlled, or, if
appropriate, regulated by foreign governments; and
(12) monitoring and effective dispute settlement
mechanisms to facilitate compliance with matters
referred to in the preceding paragraphs of this
subsection.
SEC. 1376.\46\ ACTIONS TO BE TAKEN IF NO AGREEMENT OBTAINED.
(a) In General.--
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\46\ 19 U.S.C. 3105.
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(1) If the President is unable, before the close of
the negotiating period, to enter into an agreement
under subtitle A with any priority foreign country
identified under section 1374 which achieves the
general negotiating objectives described in section
1375(b) as defined by the specific objectives
established by the President for that country, the
President shall take whatever actions authorized under
subsection (b) that are appropriate and most likely to
achieve such general negotiating objectives.
(2) In taking actions under paragraph (1), the
President shall first take those actions which most
directly affect trade in telecommunications products
and services with the priority foreign country referred
to in paragraph (1), unless the President determines
that actions against other economic sectors would be
more effective in achieving the general negotiating
objectives referred to in paragraph (1).
(b) Actions Authorized.--
(1) The President is authorized to take any of the
following actions under subsection (a) with respect to
any priority foreign country:
(A) termination, withdrawal, or suspension of
any portion of any trade agreement entered into
with such country under--
(i) the Trade Act of 1974,
(ii) section 201 of the Trade
Expansion Act of 1962, or
(iii) section 350 of the Tariff Act
of 1930,
with respect to any duty or import restriction
imposed by the United States on any
telecommunications product;
(B) actions described in section 301 of the
Trade Act of 1974;
(C) prohibition of purchases by the Federal
Government of telecommunications products of
such country;
(D) increases in domestic preferences under
title III of the Act of March 3, 1933 (41
U.S.C. 10a, et seq.) for purchases by the
Federal Government of telecommunications
products of such country;
(E) suspension of any waiver of domestic
preferences under title III of the Act of March
3, 1933 (41 U.S.C. 10a, et seq.) which may have
been extended to such country pursuant to the
Trade Agreements Act of 1979 with respect to
telecommunications products or any other
products;
(F) issuance of orders to appropriate
officers and employees of the Federal
Government to deny Federal funds or Federal
credits for purchases of the telecommunications
products of such country; and
(G) suspension, in whole or in part, of
benefits accorded articles of such country
under title V of the Trade Act of 1974 (19
U.S.C. 2461, et seq.).
(2) Notwithstanding section 125 of the Trade Act of
1974 and any other provision of law, if any portion of
a trade agreement described in paragraph (1)(A) is
terminated, withdrawn, or suspended under paragraph (1)
with respect to any duty imposed by the United States
on the products of a foreign country, the rate of such
duty that shall apply to such products entered, or
withdrawn from warehouse for consumption, after the
date on which such termination, withdrawal, or
suspension takes effect shall be a rate determined by
the President.
(c) Negotiating Period.--
(1) For purposes of this section, the term
``negotiating period'' means--
(A) with respect to a priority foreign
country identified in the investigation
conducted under section 1374(a), the 18-month
period beginning on the date of the enactment
of this Act, and
(B) with respect to any foreign country
identified as a priority foreign country after
the conclusion of such investigation, the 1-
year period beginning on the date on which such
identification is made.
(2)(A) The negotiating period with respect to a
priority foreign country may be extended for not more
than two 1-year periods.
(B) By no later than the date that is 15 days after
the date on which the President extends the negotiating
period with respect to any priority foreign country,
the President shall submit to appropriate committees of
the Congress a report on the status of negotiations
with such country that includes--
(i) a finding by the President that
substantial progress is being made in
negotiations with such country, and
(ii) a statement detailing the reasons why an
extension of such negotiating period is
necessary.
(d) Modification and Termination Authority.--The President
may modify or terminate any action taken under subsection (a)
if, after taking into consideration the factors described in
section 1374(b), the President determines that changed
circumstances warrant such modification or termination.
(e) Report.--The President shall promptly inform the
appropriate committees of the Congress of any action taken
under subsection (a) or of the modification or termination of
any such action under subsection (d).
SEC. 1377.\47\ REVIEW OF TRADE AGREEMENT IMPLEMENTATION BY TRADE
REPRESENTATIVE.
(a) In General.--
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\47\ 19 U.S.C. 3106.
---------------------------------------------------------------------------
(1) In conducting the annual analysis under section
181(a) of the Trade Act of 1974 (19 U.S.C. 2241), the
Trade Representative shall review the operation and
effectiveness of--
(A) each trade agreement negotiated by reason
of this part that is in force with respect to
the United States; and
(B) every other trade agreement regarding
telecommunications products or services that is
in force with respect to the United States.
(2) In each review conducted under paragraph (1), the
Trade Representative shall determine whether any act,
policy, or practice of the foreign country that has
entered into the agreement described in paragraph (1)--
(A) is not in compliance with the terms of
such agreement, or
(B) otherwise denies, within the context of
the terms of such agreement, to
telecommunications products and services of
United States firms mutually advantageous
market opportunities in that foreign country.
(b) Review Factors.--
(1) In conducting reviews under subsection (a), the
Trade Representative shall consider any evidence of
actual patterns of trade (including United States
exports to a foreign country of telecommunications
products and services, including sales and services
related to those products) that do not reflect patterns
of trade which would reasonably be anticipated to flow
from the concessions or commitments of such country
based on the international competitive position and
export potential of such products and services.
(2) The Trade Representative shall consult with the
United States International Trade Commission with
regard to the actual patterns of trade described in
paragraph (1).
(c) Action in Response to Affirmative Determination.--
(1) Any affirmative determination made by the Trade
Representative under subsection (a)(2) with respect to
any act, policy, or practice of a foreign country
shall, for purposes of chapter 1 of title III of the
Trade Act of 1974, be treated as an affirmative
determination under section 304(a)(1)(A) of such Act
that such act, policy, or practice violates a trade
agreement.
(2) In taking actions under section 301 by reason of
paragraph (1), the Trade Representative shall first
take those actions which most directly affect trade in
telecommunications products and services with the
priority foreign country referred to in paragraph (1),
unless the Trade Representative determines that actions
against other economic sectors would be more effective
in achieving compliance by the foreign country with the
trade agreement that is the subject of the affirmative
determination made under subsection (a)(2).
SEC. 1378.\48\ COMPENSATION AUTHORITY.
If--
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\48\ 19 U.S.C. 3107.
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(1) the President has taken action under section
1376(a) with respect to any foreign country, and
(2) such action is found to be inconsistent with the
international obligations of the United States,
including the WTO Agreement and the multilateral trade
agreements (as such terms are defined in paragraphs (9)
and (4), respectively, of section 2 of the Uruguay
Round Agreements Act),\49\
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\49\ Sec. 621(a)(6) of Public Law 103-465 (108 Stat. 4993) struck
out ``the General Agreement on Tariffs and Trade'' and inserted in lieu
thereof ``the WTO Agreement and the multilateral trade agreements (as
such terms are defined in paragraphs (9) and (4), respectively, of
section 2 of the Uruguay Round Agreements Act)''.
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the President may enter into trade agreements with such foreign
country for the purpose of granting new concessions as
compensation for such action in order to maintain the general
level of reciprocal and mutually advantageous concessions.
SEC. 1379.\50\ CONSULTATIONS.
(a) Advice From Departments and Agencies.--Prior to taking
any action under this part, the President shall seek
information and advice from the interagency trade organization
established under section 242(a) of the Trade Expansion Act of
1962 (19 U.S.C. 1872).
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\50\ 19 U.S.C. 3108.
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(b) Advice From the Private Sector.--Before--
(1) the Trade Representative concludes the
investigation conducted under section 1374(a) or takes
action under section 1374(c),
(2) the President establishes specific negotiating
objectives under section 1375(b) with respect to any
foreign country, or
(3) the President takes action under section 1376,
the Trade Representative shall provide an opportunity for the
presentation of views by any interested party with respect to
such investigation, objectives, or action, including
appropriate committees established pursuant to section 135 of
the Trade Act of 1974 (19 U.S.C. 2155).
(c) Consultations With Congress and Official Advisors.--For
purposes of conducting negotiations under section 1375(a), the
Trade Representative shall keep appropriate committees of the
Congress, as well as appropriate committees established
pursuant to section 135 of the Trade Act of 1974, currently
informed with respect to--
(1) the negotiating priorities and objectives for
each priority foreign country;
(2) the assessment of negotiating prospects, both
bilateral and multilateral; and
(3) any United States concessions which might be
included in negotiations to achieve the objectives
described in subsections (c) and (d) of section 1375.
(d) Modification of Specific Negotiating Objectives.--Before
the President takes any action under section 1375(b)(2)(A) to
refine or modify specific negotiating objectives, the President
shall consult with the Congress and with members of the
industry, and representatives of labor, affected by the
proposed refinement or modification.
SEC. 1380.\51\ SUBMISSION OF DATA; ACTION TO ENSURE COMPLIANCE.
(a) Submission of Data.--The Federal Communications
Commission (hereafter in this section referred to as the
``Commission'') shall periodically submit to appropriate
committees of the House of Representatives and of the Senate
any data collected and otherwise made public under Report No.
DC-1105, ``Information Reporting Requirements Established for
Common Carriers'', adopted February 25, 1988, relating to FCC
Docket No. 86-494, adopted December 23, 1987.
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\51\ 19 U.S.C. 3109.
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(b) Action to Ensure Compliance.--
(1)(A) Any product of a foreign country that is
subject to registration or approval by the Commission
may be entered only if--
(i) such product conforms with all applicable
rules and regulations of the Commission, and
(ii) the information which is required on
Federal Communications Commission Form 740 on
the date of enactment of this Act is provided
to the appropriate customs officer at the time
of such entry in such form and manner as the
Secretary of the Treasury may prescribe.
(B) For purposes of this paragraph, the term
``entered'' means entered, or withdrawn from warehouse
for consumption, in the customs territory of the United
States.
(2) The Commission, the Secretary of Commerce, and
the Trade Representative shall provide such assistance
in the enforcement of paragraph (1) as the Secretary of
the Treasury may request.
(3) The Secretary of the Treasury shall compile the
information collected under paragraph (1)(A)(ii) into a
summary and shall annually submit such summary to the
Congress until the authority to negotiate trade
agreements under part 1 of subtitle A expires. Such
information shall also be made available to the public.
SEC. 1381.\52\ STUDY ON TELECOMMUNICATIONS COMPETITIVENESS IN THE
UNITED STATES.
(a) In General.--The Secretary of Commerce, in consultation
with the Federal Communications Commission and the United
States Trade Representative, shall conduct a study of the
competitiveness of the United States telecommunications
industry and the effects of foreign telecommunications policies
and practices on such industry in order to assist the Congress
and the President in determining what actions might be
necessary to preserve the competitiveness of the United States
telecommunications industry.
---------------------------------------------------------------------------
\52\ 19 U.S.C. 3110.
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(b) Public Comment.--The Secretary of Commerce may, as
appropriate, provide notice and reasonable opportunity for
public comment as part of the study conducted under subsection
(a).
(c) Report.--The Secretary of Commerce shall, by no later
than the date that is 1 year after the date of enactment of
this Act, submit to the Congress and the President a report on
the findings and recommendations reached by the Secretary of
Commerce as a result of the study conducted under subsection
(a). Such report shall be referred to the appropriate
committees of the House of Representatives and of the Senate.
SEC. 1382.\53\ INTERNATIONAL OBLIGATIONS.
Nothing in this part may be construed to require actions
inconsistent with the international obligations of the United
States, including the WTO Agreement and the multilateral trade
agreements (as such terms are defined in paragraphs (9) and
(4), respectively, of section 2 of the Uruguay Round Agreements
Act).\54\
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\53\ 19 U.S.C. 3111.
\54\ Sec. 621(a)(7) of Public Law 103-465 (108 Stat. 4993) struck
out ``the General Agreement on Tariffs and Trade'' and inserted in lieu
thereof ``the WTO Agreement and the multilateral trade agreements (as
such terms are defined in paragraphs (9) and (4), respectively, of
section 2 of the Uruguay Round Agreements Act)''.
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Subtitle D--Adjustment to Import Competition
* * * * * * *
part 3--trade adjustment assistance
* * * * * * *
SEC. 1428.\55\ IMPOSITION OF SMALL UNIFORM FEE ON ALL IMPORTS.
(a) Negotiations.--
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\55\ 19 U.S.C. 2397 note.
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(1) The President shall--
(A) undertake negotiations necessary to
achieve changes in the General Agreement on
Tariffs and Trade that would allow any country
to impose a small uniform fee of not more than
0.15 percent on all imports to such country for
the purpose of using the revenue from such fee
to fund programs which directly assist
adjustment to import competition, and
(B) undertake negotiations with any foreign
country that has entered into a free trade
agreement with the United States under subtitle
A or under section 102 of the Trade Act of 1974
to obtain the consent of such country to the
imposition of such a fee by the United States.
(2) In the report that is submitted under section 163
of the Trade Act of 1974 for 1989 and 1990, the
President shall include a statement on the progress of
negotiations conducted under paragraph (1).
(3)(A) On the first day after the date of enactment
of this Act on which the General Agreement on Tariffs
and Trade allows any country to impose a fee described
in paragraph (1), the President shall submit to the
Congress, and publish in the Federal Register, a
written statement certifying such allowance.
(B) On the first day after the date of enactment of
this Act on which any foreign country described in
paragraph (1)(B) consents to the imposition of such a
fee by the United States, the President shall submit to
the Congress, and publish in the Federal Register, a
written statement certifying such consent.
(4) If--
(A) the President does not submit to the
Congress the written statement described in
paragraph (3)(A) before the date that is 2
years after the date of enactment of this Act,
and
(B) the President determines on such date
that the fee imposed by the amendment made by
subsection (b) is not in the national economic
interest,
the President shall submit to the Congress, and publish
in the Federal Register, written notice of such
determination on such date.\56\
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\56\ In Presidential Determination No. 90-34 of August 23, 1990 (55
F.R. 34889), directed to the U.S. Trade Representative, the President
determined ``that it is not in the national economic interest to impose
the fee described under subsection (b)''.
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(5)(A) Any disapproval resolution that is introduced
in the Senate or House of Representatives within the
90-day period beginning on the date that is 2 years
after the date of enactment of this Act shall, for
purposes of section 152 of the Trade Act of 1974 (19
U.S.C. 2192), be treated as a joint resolution
described in section 152(a)(1)(A) of such Act.
(B) For purposes of this part, the term ``disapproval
resolution'' means a joint resolution of the two Houses
of the Congress, the matter after the resolving clause
of which is as follows: ``That the Congress disapproves
of the determination made by the President under
section 1428(a)(4)(A) of the Omnibus Trade and
Competitiveness Act of 1988.''.
(b) * * *
SEC. 1429. STUDY OF CERTIFICATION METHODS.
(a) In General.--The Secretary of Labor, in consultation with
the Secretary of Commerce, shall conduct a study of the methods
(including, but not limited to, industry-wide certification)
that could be used to expedite the certification of workers
under subchapter A of chapter 2 of title II of the Trade Act of
1974.
(b) Report.--By no later than the date that is 6 months after
the date of enactment of this Act, the Secretary of Labor shall
submit to the Congress a report on the study conducted under
subsection (a). The report shall include the recommendations of
the Secretary of Labor regarding the methods that are the
subject of the study conducted under subsection (a).
SEC. 1430.\57\ EFFECTIVE DATES.
(a) In General.--Except as otherwise provided by this
section, the amendments made by this part shall take effect on
the date of enactment of this Act.
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\57\ 19 U.S.C. 2397 note.
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(b) Additional Fee.--
(1) Except as otherwise provided in this subsection,
the amendment made by section 1428(b) shall apply (if
at all) to any article entered, or withdrawn from
warehouse for consumption, after the date that is 30
days after the earlier of--
(A) the date on which the President submits
to the Congress the written statement described
in section 1428(a)(3)(A),
(B) the date that is 2 years after the date
of enactment of this Act, or
(C) the date of the enactment of a
disapproval resolution that passes both Houses
of the Congress within the 90-day period
beginning on the date that is 2 years after the
date of enactment of this Act.
(2) If the President determines on the date that is 2
years after the date of enactment of this Act that the
fee imposed by the amendment made by section 1428(b) is
not in the national economic interest, subparagraph (B)
of paragraph (1) shall not be taken into account in
applying the provisions of paragraph (1).
(3) The amendment made by section 1428(b) shall apply
(if at all) to the products of any foreign country
described in section 1428(a)(1)(B) that are entered, or
withdrawn from warehouse for consumption, after the
later of--
(A) the first date on which the fee imposed
by such amendment applies with respect to
products of foreign countries that are not
described in section 1428(a)(1)(B), or
(B) the date on which the President submits
to the Congress the written statement described
in section 1428(a)(3)(B) certifying the consent
of such foreign country to the imposition of
the fee.
(c) Trust Fund.--The amendments made by section 1427 shall
take effect on the first date on which the amendment made by
section 1428(b) applies with respect to any articles.
(d) Eligibility of Workers and Firms.--The amendments made by
sections 1421(b) and 1424(b) shall take effect on the date that
is 1 year after the first date on which the amendment made by
section 1428(b) applies with respect to any articles.
(e) Notification Requirements.--The amendments made by
section 1422 shall take effect on the date that is 30 days
after the date of enactment of this Act.
(f) Training Requirement.--The amendments made by subsections
(a), (b)(2), and (c)(2) of section 1423 and by paragraphs (2)
and (3) of section 1424(c) shall take effect on the date that
is 90 days after the date of enactment of this Act.
(g) Limitation on Period for Which Trade Readjustment
Allowances May Be Made.--The amendment made by section 1425(a)
shall not apply \58\ with respect to any total separation of a
worker from adversely affected employment (within the meaning
of section 247 of such Act) that occurs before the date of
enactment of this Act if the application of such amendment with
respect to such total separation would reduce the period for
which such worker would (but for such amendment) be allowed to
receive trade readjustment allowances under part I of
subchapter B of chapter 2 of title II of the Trade Act of 1974.
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\58\ Sec. 9001(a)(21) of the Technical and Miscellaneous Revenue
Act of 1988 (Public Law 100-647; 102 Stat. 3342) struck out ``to'' at
this point.
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Subtitle E--National Security
SEC. 1501. IMPORTS THAT THREATEN NATIONAL SECURITY.
(a) * * *
(b) * * *
(c) Enforcement of Machine Tool Import Arrangements.--
(1) The Secretary of Commerce is authorized to
request the Secretary of the Treasury to carry out such
actions as may be necessary or appropriate to ensure
the attainment of the objectives of the machine tool
decision of the President on May 20, 1986, and to
enforce any quantitative limitation, restriction, or
other terms contained in related bilateral
arrangements. Such actions may include, but are not
limited to, requirements that valid export licenses or
other documentation issued by a foreign government be
presented as a condition for the entry into the United
States of assembled and unassembled machine tool
products.
(2) For purposes of this subsection, the term
``related bilateral arrangement'' means any
arrangement, agreement, or understanding entered into
or undertaken, or previously entered into or
undertaken, by the United States and any foreign
country or customs union containing such quantitative
limitations, restrictions, or other terms relating to
the importation into, or exportation to, the United
States of categories of assembled and unassembled
machine tool products as may be necessary to implement
such machine tool decision of May 20, 1986.
(d) \59\ Application of Amendments.--
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\59\ 19 U.S.C. 1862 note.
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(1) Except as otherwise provided under this
subsection, the amendments made by this section shall
apply with respect to investigations initiated under
section 232(b) of the Trade Expansion Act of 1962 on or
after the date of enactment of this Act.
(2) The provisions of subsection (c) of section 232
of the Trade Expansion Act of 1962, as amended by this
section, shall apply with respect to any report
submitted by the Secretary of Commerce to the President
under section 232(b) of such Act after the date of
enactment of this Act.
(3) By no later than the date that is 90 days after
the date of enactment of this Act, the President shall
make the determinations described in section
232(c)(1)(A) of the Trade Expansion Act of 1962, as
amended by this section, with respect to any report--
(A) which was submitted by the Secretary of
Commerce to the President under section 232(b)
of such Act before the date of enactment of
this Act, and
(B) with respect to which no action has been
taken by the President before the date of
enactment of this Act.
* * * * * * *
Subtitle H--Miscellaneous Customs, Trade, and Other Provisions
part 1--customs provisions
* * * * * * *
SEC. 1906.\60\ * * * [REPEALED--1993]
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\60\ Formerly at 19 U.S.C. 1307 note. Stated a sense of the
Congress requesting the President to instruct the Secretary of the
Treasury to enforce sec. 307 of the Tariff Act of 1930 (relating to the
importation of goods produced by forced labor) without delay.
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* * * * * * *
SEC. 1908.\61\ DUTY-FREE SALES ENTERPRISES.
(a) Findings.--The Congress finds that--
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\61\ 19 U.S.C. 1555 note.
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(1) duty-free sales enterprises play a significant
role in attracting international passengers to the
United States and thereby their operations favorably
affect our balance of payments;
(2) concession fees derived from the operations of
authorized duty-free sales enterprises constitute an
important source of revenue for the State, local and
other governmental authorities that collect such fees;
(3) there is inadequate statutory and regulatory
recognition of, and guidelines for the operation of,
duty-free sales enterprises; and
(4) there is a need to encourage uniformity and
consistency of regulation of duty-free sales
enterprises.
(b) * * *
(c) * * *
SEC. 1909.\62\ CARIBBEAN BASIN INITIATIVE.
(a) Findings.--The Congress finds that--
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\62\ 19 U.S.C. 2702 note.
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(1) Caribbean and Central American countries
historically have had close economic, political, and
cultural ties to the United States;
(2) promoting economic and political stability in the
Caribbean and Central America is in the national
security interests of the United States;
(3) the economic and political stability of the
nations of the Caribbean and Central America can be
strengthened significantly by the attraction of foreign
and domestic investment specifically devoted to
employment generation; and
(4) the diversification of the economies and
expansion of exports, particularly those of a non-
traditional nature, of the nations of the Caribbean and
Central America is linked directly to fair access to
the markets of the United States.
(b) Intent of the Congress.--The Congress hereby expresses
its intention to ensure that--
(1) the trade elements of the Caribbean Basin
Initiative be strengthened in a manner consistent with
the promotion of economic and political stability in
the Caribbean and Central America;
(2) to the extent that Congress imposes changes that
are intended to improve the competitive environment for
United States industry and workers, such changes do not
unduly affect the unilateral duty-free trade system
available to the beneficiary countries designated under
the Caribbean Basin Economic Recovery Act; and
(3) generic changes in the trade laws of the United
States do not discriminate against imports from
designated beneficiary countries in relation to imports
from other United States trading partners.
(c) * * *
SEC. 1910. ETHYL ALCOHOL AND MIXTURES FOR FUEL USE.
(a) * * *
(b) Studies.--
(1) The United States International Trade Commission
and the Comptroller General of the United States shall
each immediately undertake a study regarding whether
the definition of indigenous ethyl alcohol or mixtures
thereof used in applying section 423 of the Tax Reform
Act of 1986 is consistent with, and will contribute to
the achievement of, the stated policy of Congress to
encourage the economic development of the beneficiary
countries under the Caribbean Basin Economic Recovery
Act and the insular possessions of the United States
through the maximum utilization of the natural
resources of those countries and possessions. Each
study shall specifically include--
(A) an assessment regarding whether the
indigenous product percentage requirements set
forth in subsection (c)(2)(B) of such section
423 are economically feasible for ethyl alcohol
producers; and
(B) if the assessment under subparagraph (A)
is negative, recommended modifications to the
indigenous product percentage requirements
that--
(i) will ensure meaningful production
and employment in the region,
(ii) will discourage pass-through
operations, and
(iii) will not result in harm to
producers of ethyl alcohol, or mixtures
thereof, in the United States; and
(C) an assessment of the effects of imports
of ethyl alcohol, and mixtures thereof, from
such beneficiary countries and possessions on
producers of ethyl alcohol, and mixtures
thereof, in the United States.
(2) The United States International Trade Commission
and the Comptroller General of the United States shall
each submit a report containing the findings and
conclusions of the study carried out under this
subsection to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate before the 180th day after the date of
the enactment of this Act.
SEC. 1911. ENFORCEMENT OF RESTRICTIONS ON IMPORTS FROM CUBA.
The United States Trade Representative shall request that all
relevant agencies prepare appropriate recommendations for
improving the enforcement of restrictions on the importation of
articles from Cuba. Such recommendations should include, but
not be limited to, appropriate measures to prevent indirect
shipments or other means of circumvention. The United States
Trade Representative shall, after considering such
recommendations, report to the Congress, within 90 days after
the date of enactment of this Act, on any administrative
measures or proposed legislation which the United States Trade
Representative considers necessary and appropriate to enforce
restrictions on imports from Cuba.
* * * * * * *
part 2--miscellaneous trade provisions
* * * * * * *
SEC. 1933. COAL EXPORTS TO JAPAN.
It is the sense of the Congress that--
(1) the objectives of the November 1983 Joint Policy
Statement on Energy Cooperation, as it relates to
United States exports of coal to Japan, have not been
achieved;
(2) the President should seek to establish
reciprocity with Japan with respect to metallurgical
coal exports and steel product imports and should
encourage increased purchases by Japan of United States
steam coal;
(3) the President should direct the United States
Trade Representative, in negotiating a Steel Trade
Arrangement with Japan, to take into consideration,
consistent with the President's steel program, the
amount of coal that Japan purchases from the United
States in determining the level of steel, semi-finished
steel and fabricated structured steel products that can
be imported into the United States; and
(4) the President should report to the Congress by
November 1, 1988 regarding the results of the outcome
of any negotiation undertaken in response to this
section.
SEC. 1934. PURCHASES OF UNITED STATES-MADE AUTOMOTIVE PARTS BY JAPAN.
(a) Findings.--The Congress finds that--
(1) the United States merchandise trade deficit
reached the unprecedented level of $170,000,000,000 in
1986;
(2) the United States trade deficit with Japan, which
reached $59,000,000,000 in 1986, accounted for
approximately one-third of the total deficit;
(3) approximately one-half of the United States trade
deficit with Japan was in motor vehicles and equipment;
(4) while Japanese automobile firms based in Japan
produced 7,800,000 passenger cars in 1986 and exported
2,300,000 cars to the United States, United States
exports of auto parts to Japan were only about
$300,000,000 in 1986;
(5) United States automotive parts producers meet
increasingly rigorous requirements for quality, just-
in-time supply, and competitive pricing in the United
States market; and
(6) the market-oriented sector specific (MOSS) talks
on auto parts are aimed at overcoming substantial
market access barriers and increasing the access of
United States auto parts producers to the original and
replacement parts market represented by Japanese
automobiles produced in Japan, the United States, and
third countries.
(b) Sense of Congress.--The Congress--
(1) strongly supports efforts being made by United
States negotiators to expand significantly the
opportunities for United States automotive parts
producers to supply original and replacement parts for
Japanese automobiles, wherever those automobiles may be
produced; and
(2) determines that success of the MOSS talks will be
measured by a significant increase in sales by United
States auto parts companies to Japanese vehicle
companies and the initiation of long-term sourcing
relationships between such companies.
(c) Report on Outcome.--The United States Trade
Representative and the Secretary of Commerce shall report to
Congress at the conclusion of the MOSS talks on the outcome of
the talks and on any agreements reached with Japan with respect
to purchases by Japanese firms of United States automotive
parts.
SEC. 1935. EFFECT OF IMPORTS ON CRUDE OIL PRODUCTION AND REFINING
CAPACITY IN THE UNITED STATES.
The Secretary of Energy shall send to the Secretary of
Commerce the results of the study conducted under section 3102
of the Omnibus Budget Reconciliation Act of 1986. Within 180
days of the receipt of the results of such study, the Secretary
of Commerce shall report to the President and the Congress
recommendations for actions which may be appropriate to address
any impact of imports of crude oil and petroleum products on
domestic crude oil exploration and production and the domestic
petroleum refining capacity.
SEC. 1936. STUDY OF TRADE BARRIERS ESTABLISHED BY AUTO PRODUCING
COUNTRIES TO AUTO IMPORTS AND THE IMPACT ON THE
UNITED STATES MARKET.
(a) Study.--The United States Trade Representative shall
conduct a study of formal and informal barriers which auto
producing countries have established toward automobile imports
and the impact of such barriers on diverting automobile imports
into the United States. The study shall consider the impact of
such barriers on automobile imports into the United States in
the presence of, and in the absence of, voluntary restraint
agreements between the United States and Japan.
(b) Report.--The United States Trade Representative shall
include the findings of the study conducted under subsection
(a) in the first report that is submitted under section 181(b)
of the Trade Act of 1974 (19 U.S.C. 2241) after the date of
enactment of this Act.
SEC. 1937. LAMB MEAT IMPORTS.
Within 15 days after the date of the enactment of this Act,
the United States International Trade Commission, pursuant to
section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)),
shall monitor and investigate for a period of 2 years the
importation into the United States of articles provided for in
item 106.30 of the Tariff Schedules of the United States (19
U.S.C. 1202) (relating to fresh, chilled, and frozen lamb
meat). For purposes of any request made under subsection (d) of
section 202 of the Trade Act of 1974 (as amended by section
1401 of this Act) within such 2-year period for provisional
relief with respect to imports of such articles, the monitoring
and investigation required under this section shall be treated
as having been requested by the United States Trade
Representative under paragraph (1)(B) of such subsection.
* * * * * * *
TITLE II--EXPORT ENHANCEMENT \63\
* * * * * * *
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\63\ Title II, the Export Enhancement Act of 1988 (Public Law 100-
418; 102 Stat. 1325), is found in this volume on page 1280.
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TITLE III--INTERNATIONAL FINANCIAL POLICY
Subtitle A--Exchange Rates and International Economic Policy
Coordination
SEC. 3001.\64\ SHORT TITLE.
This subtitle may be cited as the ``Exchange Rates and
International Economic Policy Coordination Act of 1988''.
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\64\ 22 U.S.C. 5301.
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SEC. 3002.\65\ FINDINGS.
The Congress finds that--
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\65\ 22 U.S.C. 5302.
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(1) the macroeconomic policies, including the
exchange rate policies, of the leading industrialized
nations require improved coordination and are not
consistent with long-term economic growth and financial
stability;
(2) currency values have a major role in determining
the patterns of production and trade in the world
economy;
(3) the rise in the value of the dollar in the early
1980's contributed substantially to our current trade
deficit;
(4) exchange rates among major trading nations have
become increasingly volatile and a pattern of exchange
rates has at times developed which contribute to
substantial and persistent imbalances in the flow of
goods and services between nations, imposing serious
strains on the world trading system and frustrating
both business and government planning;
(5) capital flows between nations have become very
large compared to trade flows, respond at times quickly
and dramatically to policy and economic changes, and,
for these reasons, contribute significantly to
uncertainty in financial markets, the volatility of
exchange rates, and the development of exchange rates
which produce imbalances in the flow of goods and
services between nations;
(6) policy initiatives by some major trading nations
that manipulate the value of their currencies in
relation to the United States dollar to gain
competitive advantage continue to create serious
competitive problems for United States industries;
(7) a more stable exchange rate for the dollar at a
level consistent with a more appropriate and
sustainable balance in the United States current
account should be a major focus of national economic
policy;
(8) procedures for improving the coordination of
macroeconomic policy need to be strengthened
considerably; and
(9) under appropriate circumstances, intervention by
the United States in foreign exchange markets as part
of a coordinated international strategic intervention
effort could produce more orderly adjustment of foreign
exchange markets and, in combination with necessary
macroeconomic policy changes, assist adjustment toward
a more appropriate and sustainable balance in current
accounts.
SEC. 3003.\66\ STATEMENT OF POLICY.
It is the policy of the United States that--
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\66\ 22 U.S.C. 5303.
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(1) the United States and the other major
industrialized countries should take steps to continue
the process of coordinating monetary, fiscal, and
structural policies initiated in the Plaza Agreement of
September 1985;
(2) the goal of the United States in international
economic negotiations should be to achieve
macroeconomic policies and exchange rates consistent
with more appropriate and sustainable balances in trade
and capital flows and to foster price stability in
conjunction with economic growth;
(3) the United States, in close coordination with the
other major industrialized countries should, where
appropriate, participate in international currency
markets with the objective of producing more orderly
adjustment of foreign exchange markets and, in
combination with necessary macroeconomic policy
changes, assisting adjustment toward a more appropriate
and sustainable balance in current accounts; and
(4) the accountability of the President for the
impact of economic policies and exchange rates on trade
competitiveness should be increased.
SEC. 3004.\67\ INTERNATIONAL NEGOTIATIONS ON EXCHANGE RATE AND ECONOMIC
POLICIES.
(a) Multilateral Negotiations.--The President shall seek to
confer and negotiate with other countries--
---------------------------------------------------------------------------
\67\ 22 U.S.C. 5304.
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(1) to achieve--
(A) better coordination of macroeconomic
policies of the major industrialized nations;
and
(B) more appropriate and sustainable levels
of trade and current account balances, and
exchange rates of the dollar and other
currencies consistent with such balances; and
(2) to develop a program for improving existing
mechanisms for coordination and improving the
functioning of the exchange rate system to provide for
long-term exchange rate stability consistent with more
appropriate and sustainable current account balances.
(b) Bilateral Negotiations.--The Secretary of the Treasury
shall analyze on an annual basis the exchange rate policies of
foreign countries, in consultation with the International
Monetary Fund, and consider whether countries manipulate the
rate of exchange between their currency and the United States
dollar for purposes of preventing effective balance of payments
adjustments or gaining unfair competitive advantage in
international trade. If the Secretary considers that such
manipulation is occurring with respect to countries that (1)
have material global current account surpluses; and (2) have
significant bilateral trade surpluses with the United States,
the Secretary of the Treasury shall take action to initiate
negotiations with such foreign countries on an expedited basis,
in the International Monetary Fund or bilaterally, for the
purpose of ensuring that such countries regularly and promptly
adjust the rate of exchange between their currencies and the
United States dollar to permit effective balance of payments
adjustments and to eliminate the unfair advantage. The
Secretary shall not be required to initiate negotiations in
cases where such negotiations would have a serious detrimental
impact on vital national economic and security interests; in
such cases, the Secretary shall inform the chairman and the
ranking minority member of the Committee on Banking, Housing,
and Urban Affairs of the Senate and of the Committee on
Banking, Finance and Urban Affairs \68\ of the House of
Representatives of his determination.
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\68\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives should be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
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SEC. 3005.\69\ REPORTING REQUIREMENTS.
(a) Reports Required.--In furtherance of the purpose of this
title, the Secretary, after consultation with the Chairman of
the Board, shall submit to the Committee on Banking, Finance
and Urban Affairs \68\ of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate,
on or before October 15 of each year, a written report on
international economic policy, including exchange rate policy.
The Secretary shall provide a written update of developments
six months after the initial report. In addition, the Secretary
shall appear, if requested, before both committees to provide
testimony on these reports.
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\69\ 22 U.S.C. 5305.
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(b) Contents of Report.--Each report submitted under
subsection (a) shall contain--
(1) an analysis of currency market developments and
the relationship between the United States dollar and
the currencies of our major trade competitors;
(2) an evaluation of the factors in the United States
and other economies that underlie conditions in the
currency markets, including developments in bilateral
trade and capital flows;
(3) a description of currency intervention or other
actions undertaken to adjust the actual exchange rate
of the dollar;
(4) an assessment of the impact of the exchange rate
of the United States dollar on--
(A) the ability of the United States to
maintain a more appropriate and sustainable
balance in its current account and merchandise
trade account;
(B) production, employment, and
noninflationary growth in the United States;
(C) the international competitive performance
of United States industries and the external
indebtedness of the United States;
(5) recommendations for any changes necessary in
United States economic policy to attain a more
appropriate and sustainable balance in the current
account;
(6) the results of negotiations conducted pursuant to
section 3004;
(7) key issues in United States policies arising from
the most recent consultation requested by the
International Monetary Fund under article IV of the
Fund's Articles of Agreement; and
(8) a report on the size and composition of
international capital flows, and the factors
contributing to such flows, including, where possible,
an assessment of the impact of such flows on exchange
rates and trade flows.
(c) * * *
SEC. 3006.\70\ DEFINITIONS.
As used in this subtitle:
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\70\ 22 U.S.C. 5306.
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(1) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(2) Board.--The term ``Board'' means the Board of
Governors of the Federal Reserve System.
Subtitle B--International Debt
part i--findings, purposes, and statement of policy
SEC. 3101.\71\ SHORT TITLE.
This subtitle may be cited as the ``International Debt
Management Act of 1988''.
---------------------------------------------------------------------------
\71\ 22 U.S.C. 5321.
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SEC. 3102.\72\ FINDINGS.
The Congress finds that--
---------------------------------------------------------------------------
\72\ 22 U.S.C. 5322.
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(1) the international debt problem threatens the
safety and soundness of the international financial
system, the stability of the international trading
system, and the economic development of the debtor
countries;
(2) orderly reduction of international trade
imbalances requires very substantial growth in all
parts of the world economy, particularly in the
developing countries;
(3) growth in developing countries with substantial
external debts has been significantly constrained over
the last several years by a combination of high debt
service obligations and insufficient new flows of
financial resources to these countries;
(4) substantial interest payment outflows from debtor
countries, combined with inadequate net new capital
inflows, have produced a significant net transfer of
financial resources from debtor to creditor countries;
(5) negative resource transfers at present levels
severely depress both investment and growth in the
debtor countries, and force debtor countries to reduce
imports and expand exports in order to meet their debt
service obligations;
(6) current adjustment policies in debtor countries,
which depress domestic demand and increase production
for export, help to depress world commodity prices and
limit the growth of export markets for United States
industries;
(7) the United States has borne a disproportionate
share of the burden of absorbing increased exports from
debtor countries, while other industrialized countries
have increased their imports from developing countries
only slightly;
(8) current approaches to the debt problem should not
rely solely on new lending as a solution to the debt
problem, and should focus on other financing
alternatives including a reduction in current debt
service obligations;
(9) new international mechanisms to improve the
management of the debt problem and to expand the range
of financing options available to developing countries
should be explored; and
(10) industrial countries with strong current account
surpluses have a disproportionate share of the world's
capital resources, and bear an additional
responsibility for contributing to a viable long-term
solution to the debt problem.
SEC. 3103.\73\ PURPOSES.
The purposes of this subtitle are--
---------------------------------------------------------------------------
\73\ 22 U.S.C. 5323.
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(1) to expand the world trading system and raise the
level of exports from the United States to the
developing countries in order to reduce the United
States trade deficit and foster economic expansion and
an increase in the standard of living throughout the
world;
(2) to alleviate the current international debt
problem in order to make the debt situation of
developing countries more manageable and permit the
resumption of sustained growth in those countries; and
(3) to increase the stability of the world financial
system and ensure the safety and soundness of United
States depository institutions.
SEC. 3104.\74\ STATEMENT OF POLICY.
It is the policy of the United States that--
---------------------------------------------------------------------------
\74\ 22 U.S.C. 5324.
---------------------------------------------------------------------------
(1) increasing growth in the developing world is a
major goal of international economic policy;
(2) it is necessary to broaden the range of options
in dealing with the debt problem to include improved
mechanisms to restructure existing debt;
(3) active consideration of a new multilateral
authority to improve the management of the debt problem
and to share the burdens of adjustment more equitably
must be undertaken; and
(4) countries with strong current account surpluses
bear a major responsibility for providing the financial
resources needed for growth in the developing world.
PART II--THE INTERNATIONAL DEBT MANAGEMENT AUTHORITY
SEC. 3111.\75\ INTERNATIONAL INITIATIVE.
(a) Directive.--
---------------------------------------------------------------------------
\75\ 22 U.S.C. 5331.
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(1) Study.--The Secretary of the Treasury shall study
the feasibility and advisability of establishing the
International Debt Management Authority described in
this section.
(2) Explanation of determinations.--If the Secretary
of the Treasury determines that initiation of
international discussions with regard to such authority
would (A) result in material increase in the discount
at which sovereign debt is sold, (B) materially
increase the probability of default on such debt, or
(C) materially enhance the likelihood of debt service
failure or disruption, the Secretary shall include in
his interim reports to the Congress an explanation in
detail of the reasons for such determination.
(3) Initiation of discussions.--Unless such a
determination is made, the Secretary of the Treasury
shall initiate discussions with such industrialized and
developing countries as the Secretary may determine to
be appropriate with the intent to negotiate the
establishment of the International Debt Management
Authority, which would undertake to--
(A) purchase sovereign debt of less developed
countries from private creditors at an
appropriate discount;
(B) enter into negotiations with the debtor
countries for the purpose of restructuring the
debt in order to--
(i) ease the current debt service
burden on the debtor countries; and
(ii) provide additional opportunities
for economic growth in both debtor and
industrialized countries; and
(C) assist the creditor banks in the
voluntary disposition of their Third World loan
portfolio.
(b) Objectives.--In any discussions initiated under
subsection (a), the Secretary should include the following
specific proposals:
(1) That any loan restructuring assistance provided
by such an authority to any debtor nation should
involve substantial commitments by the debtor to (A)
economic policies designed to improve resource
utilization and minimize capital flight, and (B)
preparation of an economic management plan calculated
to provide sustained economic growth and to allow the
debtor to meet its restructured debt obligations.
(2) That support for such an authority should come
from industrialized countries, and that greater support
should be expected from countries with strong current
account surpluses.
(3) That such an authority should have a clearly
defined close working relationship with the
International Monetary Fund and the International Bank
for Reconstruction and Development and the various
regional development banks.
(4) That such an authority should be designed to
operate as a self-supporting entity, requiring no
routine appropriation of resources from any member
government, and to function subject to the prohibitions
contained in the first sentence of section 3112(a).
(5) That such an authority should have a defined
termination date and a clear proposal for the
restoration of creditworthiness to debtor countries
within this timeframe.
(c) Interim Reports.--At the end of the 6-month period
beginning on the date of enactment of this Act and at the end
of the 12-month period beginning on such date of enactment, the
Secretary of the Treasury shall submit a report on the progress
being made on the study or in discussions described in
subsection (a) to the Committee on Banking, Finance and Urban
Affairs of the House of Representatives \76\ and the Committee
on Banking, Housing, and Urban Affairs and the Committee on
Foreign Relations of the Senate, and shall consult with such
committees after submitting each such report.
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\76\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives should be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
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(d) Final Report.--On the conclusion of the study or of
discussions described in subsection (a), the Secretary shall
transmit a report containing a detailed description thereof to
the Committee on Banking, Finance and Urban Affairs \76\ of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs and the Committee on Foreign Relations of the
Senate, together with such recommendations for legislation
which the Secretary may determine to be necessary or
appropriate for the establishment of the International Debt
Management Authority.
SEC. 3112.\77\ ACTIONS TO FACILITATE CREATION OF THE AUTHORITY.
(a) In General.--No funds, appropriations, contributions,
callable capital, financial guarantee, or any other financial
support or obligation or contingent support or obligation on
the part of the United States Government may be used for the
creation, operation, or support of the International Debt
Management Authority specified in section 3111, without the
express approval of the Congress through subsequent law, nor
shall any expenses associated with such authority, either
directly or indirectly, accrue to any United States person
without the consent of such person. Except as restricted in the
preceding sentence, the Secretary of the Treasury shall review
all potential resources available to the multilateral financial
institutions which could be used to support the creation of the
International Debt Management Authority. In the course of this
review, the Secretary shall direct--
---------------------------------------------------------------------------
\77\ 22 U.S.C. 5332.
---------------------------------------------------------------------------
(1) the United States Executive Director of the
International Monetary Fund to determine the amount of,
and alternative methods by which, gold stock of the
Fund which, subject to action by its Board of
Governors, could be pledged as collateral to obtain
financing for the activities of the authority specified
in section 3111; and
(2) the United States Executive Director to the
International Bank for Reconstruction and Development
to determine the amount of, and alternative methods by
which, liquid assets controlled by such Bank and not
currently committed to any loan program which, subject
to action by its Board of Governors, could be pledged
as collateral for obtaining financing for the
activities of the authority specified in section 3111.
The Secretary of the Treasury shall include a report on the
results of the review in the first report submitted under
section 3111(c).
(b) Construction of Section.--Subsection (a) shall not be
construed to affect any provision of the Articles of Agreement
of the International Monetary Fund or of the International Bank
for Reconstruction and Development or any agreement entered
into under either of such Agreements.
SEC. 3113.\78\ IMF-WORLD BANK REVIEW.
(a) IMF Review.--The United States Executive Director of the
International Monetary Fund shall request the management of the
International Monetary Fund to prepare a review and analysis of
the debt burden of the developing countries, with particular
attention to alternatives for dealing with the debt problem
including new lending instruments, rescheduling and refinancing
of existing debt, securitization and debt conversion
techniques, discounted debt repurchases, and the International
Debt Management Authority described in section 3111 no later
than 1 year after the date of the enactment of this Act.
---------------------------------------------------------------------------
\78\ 22 U.S.C. 5333.
---------------------------------------------------------------------------
(b) World Bank Review.--The United States Executive Director
to the International Bank for Reconstruction and Development
shall request the management of the International Bank for
Reconstruction and Development to prepare a review and analysis
of the debt burden of the developing countries, with particular
attention to alternatives for dealing with the debt problem
including new lending instruments, rescheduling and refinancing
of existing debt, securitization and debt conversion
techniques, discounted debt repurchases, and the International
Debt Management Authority described in section 3111 no later
than 1 year after the date of the enactment of this Act.
PART III--REGULATORY PROVISIONS AFFECTING INTERNATIONAL DEBT
SEC. 3121. PROVISIONS RELATING TO THE REGULATION OF DEPOSITORY
INSTITUTIONS.
(a) Regulatory Objectives.--It is the sense of the Congress
that regulations prescribed by Federal banking regulatory
agencies which affect the international assets of United States
commercial banks should grant the widest possible latitude to
the banks for negotiating principal and interest reductions
with respect to obligations of heavily indebted sovereign
borrowers.
(b) Flexibility in Debt Restructuring.--It is the intent of
the Congress that, in applying generally accepted accounting
standards, Federal agencies which regulate and oversee the
operations of depository institutions (within the meaning given
to such term by clauses (i) through (vi) of section 19(b)(1)(A)
of the Federal Reserve Act) apply to such institutions maximum
flexibility in determining the asset value of restructured
loans to heavily indebted sovereign borrowers and in accounting
for the effects of such restructuring prospectively.
(c) Recapitalization.--It is the intent of the Congress that
Federal agencies which regulate and oversee the operations of
depository institutions (within the meaning given to such term
by clauses (i) through (vi) of section 19(b)(1)(A) of the
Federal Reserve Act) should require depository institutions
with substantial amounts of loans to heavily indebted sovereign
borrowers to seek, as appropriate, expanded recapitalization
through equity financing to ensure that prudent institutional
capital-to-total asset ratios are established and maintained.
(d) Reserves for Loan Losses.--It is the intent of the
Congress that Federal agencies which regulate and oversee the
operations of depository institutions (within the meaning given
to such term by clauses (i) through (vi) of section 19(b)(1)(A)
of the Federal Reserve Act) should seek to ensure that
appropriate levels of reserves be established by depository
institutions engaged in substantial lending to heavily indebted
sovereign borrowers in accordance with both the credit and
country risks associated with such lending.
(e) \79\ * * *
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\79\ Subsec. (e) amended sec. 913 of the International Lending
Supervision Act of 1983.
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SEC. 3122. STUDIES RELATING TO THE REGULATION OF DEPOSITORY
INSTITUTIONS.
(a) Regulatory Study Required.--The Comptroller of the
Currency, the Board of Governors of the Federal Reserve System,
and the Federal Deposit Insurance Corporation shall conduct a
study to determine the extent of any regulatory obstacle to
negotiated reductions in the debt service obligations
associated with foreign debt.
(b) Specific Factors To Be Studied.--The study required by
subsection (a) shall include an analysis of regulatory and
accounting obstacles to various forms of debt restructuring,
including negotiated interest reduction, the amortization of
loan losses, securitization and debt conversion techniques, and
discounted debt repurchases, as well as an analysis of the
profitability of commercial bank lending to developing
countries during the 10-year period ending on December 31,
1986. The analysis should include an assessment of the impact
of the various forms of debt restructuring on the development
of a secondary market in developing country debt and on the
safety and soundness of the United States banking system.
(c) Report Required.--Within 6 months after the date of the
enactment of this Act, the Comptroller of the Currency, the
Board of Governors of the Federal Reserve System, and the
Federal Deposit Insurance Corporation shall transmit to the
Congress a report containing the findings and conclusions of
such agencies with respect to the study required under
subsection (a), together with any recommendations concerning
legislation which such agencies determine to be necessary or
appropriate to remove regulatory obstacles to negotiated
reductions in the debt service obligations associated with
sovereign debt.
SEC. 3123. LIMITED PURPOSE SPECIAL DRAWING RIGHTS FOR THE POOREST
HEAVILY INDEBTED COUNTRIES.
(a) Study Required.--
(1) In general.--The Secretary of the Treasury, in
consultation with the directors and staff of the
International Monetary Fund and such other interested
parties as the Secretary may determine to be
appropriate, shall conduct a study of the feasibility
and the efficacy of reducing the international debt of
the poorest of the heavily indebted countries through a
one-time allocation by the International Monetary Fund
of limited purpose Special Drawing Rights to such
countries in accordance with a plan which provides
that--
(A) the allocation be made without regard to
the quota established for any such country
under the Articles of Agreement of the Fund;
(B) limited purpose Special Drawing Rights be
used only to repay official debt of any such
country;
(C) the allocation of limited purpose Special
Drawing Rights to any such country not be
treated as an allocation on which such country
must pay interest to the Fund; and
(D) the use of limited purpose Special
Drawing Rights by any such country to repay
official debt shall be treated as an allocation
of regular Special Drawing Rights to the
creditor.
(2) Additional factors to be studied.--The study
required under paragraph (1) shall include the
following:
(A) To the extent the creation and allocation
of the limited purpose Special Drawing Rights
described in paragraph (1) would require an
amendment of the Articles of Agreement of the
International Monetary Fund, an assessment of
the period of time within which such amendment
could be ratified by the member nations, based
on discussions with the major members of the
Fund.
(B) An assessment of other means for
achieving the objectives of principal and
interest reduction on official debt of the
poorest heavily indebted countries through the
use of Special Drawing Rights.
(C) A comparative evaluation of proposals of
other members of the International Monetary
Fund, the directors and staff of the Fund, and
other interested parties.
(D) An analysis of the effect the
implementation of the provisions in paragraph
(1) would have on bilateral and multilateral
lenders, the international monetary system, and
such other provisions of this Act as may be
appropriate.
(E) A comparative analysis of the available
alternatives identified under subparagraph (B)
or (C).
(b) Report Required.--Within 3 months after the date of the
enactment of this Act, the Secretary of the Treasury shall
submit a report to the Committee on Banking, Finance and Urban
Affairs \76\ of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs and the Committee on
Foreign Relations of the Senate containing the findings and
conclusions of the Secretary pursuant to the study required
under subsection (a), together with--
(1) the recommendation of the Secretary as to which,
of all the alternatives for providing relief for the
poorest of the heavily indebted countries which were
assessed in connection with such study, represents the
best available option; and
(2) recommendations for such legislation and
administrative action as the Secretary determines to be
necessary and appropriate to implement such option.
Subtitle C--Multilateral Development Banks \80\
* * * * * * *
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\80\ Subtitle C, ``Multilateral Development Banks Procurement Act
of 1988'', was transferred to the International Financial Institutions
Act by sec. 541(b)(1) of the International Development and Finance Act
of 1989 (Public Law 101-240; 103 Stat. 2517), redesignated as sec. 1801
and recodified as 22 U.S.C. 262q. See this volume, page 204.
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Subtitle D--Export-Import Bank and Tied Aid Credit Amendments \81\
* * * * * * *
Subtitle E--Export Trading Company Act Amendments of 1988
* * * * * * *
Subtitle F--Primary Dealers
SEC. 3501.\82\ SHORT TITLE.
This subtitle may be cited as the ``Primary Dealers Act of
1988''.
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\81\ Subtitle D, cited as the ``Export-Import Bank and Tied Aid
Credit Amendments Act of 1988'', can be found on page 1315.
\82\ 22 U.S.C. 5341.
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SEC. 3502.\83\ REQUIREMENT OF NATIONAL TREATMENT IN UNDERWRITING
GOVERNMENT DEBT INSTRUMENTS.
(a) Findings.--The Congress finds that--
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\83\ 22 U.S.C. 5342.
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(1) United States companies can successfully compete
in foreign markets if they are given fair access to
such markets;
(2) a trade surplus in services could offset the
deficit in manufactured goods and help lower the
overall trade deficit significantly;
(3) in contrast to the barriers faced by United
States firms in Japan, Japanese firms generally have
enjoyed access to United States financial markets on
the same terms as United States firms; and
(4) United States firms seeking to compete in Japan
face or have faced a variety of discriminatory barriers
effectively precluding such firms from fairly competing
for Japanese business, including--
(A) limitations on membership on the Tokyo
Stock Exchange;
(B) high fixed commission rates (ranging as
high as 80 percent) which must be paid to
members of the exchange by nonmembers for
executing trades;
(C) unequal opportunities to participate in
and act as lead manager for equity and bond
underwritings;
(D) restrictions on access to automated
teller machines;
(E) arbitrarily applied employment
requirements for opening branch offices;
(F) long delays in processing applications
and granting approvals for licenses to operate;
and
(G) restrictions on foreign institutions'
participation in Ministry of Finance policy
advisory councils.
(b) Designation of Certain Persons as Primary Dealers
Prohibited.--
(1) General rule.--Neither the Board of Governors of
the Federal Reserve System nor the Federal Reserve Bank
of New York may designate, or permit the continuation
of any prior designation of, any person of a foreign
country as a primary dealer in government debt
instruments if such foreign country does not accord to
United States companies the same competitive
opportunities in the underwriting and distribution of
government debt instruments issued by such country as
such country accords to domestic companies of such
country.
(2) Certain prior acquisitions excepted.--Paragraph
(1) shall not apply to the continuation of the prior
designation of a company as a primary dealer in
government debt instruments if--
(A) such designation occurred before July 31,
1987; and
(B) before July 31, 1987--
(i) control of such company was
acquired from a person (other than a
person of a foreign country) by a
person of a foreign country; or
(ii) in conjunction with a person of
a foreign country, such company
informed the Federal Reserve Bank of
New York of the intention of such
person to acquire control of such
company.
(c) Exception for Countries Having or Negotiating Bilateral
Agreements With the United States.--Subsection (b) shall not
apply to any person of a foreign country if--
(1) that country, as of January 1, 1987, was
negotiating a bilateral agreement with the United
States under the authority of section 102(b)(4)(A) of
the Trade Act of 1974 (19 U.S.C. 2112(b)(4)(A)); or
(2) that country has a bilateral free trade area
agreement with the United States which entered into
force before January 1, 1987.
(d) Person of a Foreign Country Defined.--For purposes of
this section, a person is a ``person of a foreign country'' if
that person, or any other person which directly or indirectly
owns or controls that person, is a resident of that country, is
organized under the laws of that country, or has its principal
place of business in that country.
(e) Effective Date.--This section shall take effect 12 months
after the date of the enactment of this Act.
Subtitle G--Financial Reports
SEC. 3601.\84\ SHORT TITLE.
This subtitle may be cited as the ``Financial Reports Act of
1988''.
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\84\ 22 U.S.C. 5351.
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SEC. 3602.\85\ QUADRENNIAL REPORTS ON FOREIGN TREATMENT OF UNITED
STATES FINANCIAL INSTITUTIONS.
Not less frequently than every 4 years, beginning December 1,
1990, the Secretary of the Treasury, in conjunction with the
Secretary of State, the Board of Governors of the Federal
Reserve System, the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the Securities and Exchange
Commission, and the Department of Commerce, shall report to the
Congress on (1) the foreign countries from which foreign
financial services institutions have entered into the business
of providing financial services in the United States, (2) the
kinds of financial services which are being offered, (3) the
extent to which foreign countries deny national treatment to
United States banking organizations and securities companies,
and (4) the efforts undertaken by the United States to
eliminate such discrimination. The report shall focus on those
countries in which there are significant denials of national
treatment which impact United States financial firms. The
report shall also describe the progress of discussions pursuant
to section 3603.
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\85\ 22 U.S.C. 5352.
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SEC. 3603.\86\ FAIR TRADE IN FINANCIAL SERVICES.
(a) Discussions.--When advantageous the President or his
designee shall conduct discussions with the governments of
countries that are major financial centers, aimed at:
---------------------------------------------------------------------------
\86\ 22 U.S.C. 5353.
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(1) ensuring that United States banking organizations
and securities companies have access to foreign markets
and receive national treatment in those markets;
(2) reducing or eliminating barriers to, and other
distortions of, international trade in financial
services;
(3) achieving reasonable comparability in the types
of financial services permissible for financial service
companies; and
(4) developing uniform supervisory standards for
banking organizations and securities companies,
including uniform capital standards.
(b) Consultation Before Discussions.--Before entering into
those discussions, the President or his designee shall consult
with the committees of jurisdiction in the Senate and the House
of Representatives.
(c) Recommendations.--After completing those discussions and
after consultation with the committees of jurisdiction, the
President shall transmit to the Congress any recommendations
that have emerged from those discussions. Any recommendations
for changes in United States financial laws or practices shall
be accompanied by a description of the changes in foreign
financial laws or practices that would accompany action by the
Congress, and by an explanation of the benefits that would
accrue to the United States from adoption of the
recommendations.
(d) Construction of Section.--Nothing in this section may be
construed as prior approval of any legislation which may be
necessary to implement any recommendations resulting from
discussions under this section.
SEC. 3604.\87\ BANKS LOAN LOSS RESERVES.
The Federal Reserve Board shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Banking, Finance and Urban Affairs of the House of
Representatives \88\ a report on the issues raised by including
loan loss reserves as part of banks' primary capital for
regulatory purposes by March 31, 1989. Such report shall
include a review of the treatment of loan loss reserves and the
composition of primary capital of banks in other major
industrialized countries, and shall include an analysis as to
whether loan loss reserves should continue to be counted as
primary capital for regulatory purposes.
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\87\ 22 U.S.C. 5354.
\88\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives should be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
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TITLE IV--AGRICULTURAL TRADE \89\
* * * * * * *
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\89\ Title IV, cited as the ``Agricultural Competitiveness and
Trade Act of 1988'', may be found in Legislation on Foreign Relations
Through 2005, vol. I-B.
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Subtitle G--Pesticide Monitoring Improvements \90\
* * * * * * *
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\90\ Subtitle G, the ``Pesticide Monitoring Improvements Act of
1988'', may be found in Legislation on Foreign Relations Through 2005,
vol. I-B.
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TITLE V--FOREIGN CORRUPT PRACTICES AMENDMENTS; INVESTMENT; AND
TECHNOLOGY
Subtitle A--Foreign Corrupt Practices Act Amendments; Review of Certain
Acquisitions
* * * * * * *
part i--foreign corrupt practices act amendments \91\
* * * * * * *
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\91\ Part I, the ``Foreign Corrupt Practices Act Amendments of
1988'', amended sec. 104 of the Foreign Corrupt Practices Act of 1977
(15 U.S.C. 78dd-2). The text of the amendment may be found at page
1741. The freestanding provisions in Part I may be found at page 1752.
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Subtitle C--Competitiveness Policy Council Act
SEC. 5201.\92\ SHORT TITLE.
This subtitle may be cited as the ``Competitiveness Policy
Council Act''.
---------------------------------------------------------------------------
\92\ 15 U.S.C. 4801 note.
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SEC. 5202.\93\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\93\ 15 U.S.C. 4801.
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(1) efforts to reverse the decline of United States
industry has been hindered by--
(A) a serious erosion in the institutions and
policies which foster United States
competitiveness including a lack of high
quality domestic and international economic and
scientific data needed to--
(i) reveal sectoral strengths and
weaknesses;
(ii) identify potential new markets
and future technological and economic
trends; and
(iii) provide necessary information
regarding the competitive strategies of
foreign competitors;
(B) the lack of a coherent and consistent
government competitiveness policy, including
policies with respect to--
(i) international trade, finance, and
investment,
(ii) research, science, and
technology,
(iii) education, labor retraining,
and adjustment,
(iv) macroeconomic and budgetary
issues,
(v) antitrust and regulation, and
(vi) government procurement;
(2) the United States economy benefits when business,
labor, government, academia, and public interest groups
work together cooperatively;
(3) the decline of United States economic
competitiveness endangers the ability of the United
States to maintain the defense industrial base which is
necessary to the national security of the United
States;
(4) the world is moving rapidly toward the creation
of an integrated and interdependent economy, a world
economy in which the policies of one nation have a
major impact on other nations;
(5) integrated solutions to such issues as trade and
investment research, science, and technology,
education, and labor retraining and adjustments help
the United States compete more effectively in the world
economy; and
(6) government, business, labor, academia, and public
interest groups shall cooperate to develop and
coordinate long-range strategies to help assure the
international competitiveness of the United States
economy.
(b) Purpose.--It is the purpose of this subtitle--
(1) to develop recommendations for long-range
strategies for promoting the international
competitiveness of the United States industries; and
(2) to establish the Competitiveness Policy Council
which shall--
(A) analyze information regarding the
competitiveness of United States industries and
business and trade policy;
(B) create an institutional forum where
national leaders with experience and background
in business, labor, government, academia, and
public interest activities shall--
(i) identify economic problems
inhibiting the competitiveness of
United States agriculture, business,
and industry;
(ii) develop long-term strategies to
address such problem; and
(C) make recommendations on issues crucial to
the development of coordinated competitiveness
strategies;
(D) publish analysis in the form of periodic
reports and recommendations concerning the
United States business and trade policy.
SEC. 5203.\94\ COUNCIL ESTABLISHED.
There is established the Competitiveness Policy Council
(hereafter in this subtitle referred to as the ``Council''), an
advisory committee under the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.).
---------------------------------------------------------------------------
\94\ 15 U.S.C. 4802.
---------------------------------------------------------------------------
SEC. 5204.\95\ DUTIES OF THE COUNCIL.
The Council shall--
---------------------------------------------------------------------------
\95\ 15 U.S.C. 4803.
---------------------------------------------------------------------------
(1) develop recommendations for national strategies
and on specific policies intended to enhance the
productivity and international competitiveness of
United States industries;
(2) provide comments, when appropriate, and through
any existing comment procedure, on--
(A) private sector requests for governmental
assistance or relief, specifically as to
whether the applicant is likely, by receiving
the assistance or relief, to become
internationally competitive; and
(B) what actions should be taken by the
applicant as a condition of such assistance or
relief to ensure that the applicant is likely
to become internationally competitive;
(3) analyze information concerning current and future
United States economic competitiveness useful to
decision making in government and industry;
(4) create a forum where national leaders with
experience and background in business, labor, academia,
public interest activities, and government shall
identify and develop recommendations to address
problems affecting the economic competitiveness of the
United States;
(5) evaluate Federal policies, regulations, and
unclassified international agreement on trade, science,
and technology to which the United States is a party
with respect to the impact on United States
competitiveness;
(6) provide policy recommendations to the Congress,
the President, and the Federal departments and agencies
regarding specific issues concerning competitiveness
strategies;
(7) monitor the changing nature of research, science,
and technology in the United States and the changing
nature of the United States economy and its capacity--
(A) to provide marketable, high quality goods
and services in domestic and international
markets; and
(B) to respond to international competition;
(8) identify--
(A) Federal and private sector resources
devoted to increased competitiveness; and
(B) State and local government programs
devised to enhance competitiveness, including
joint ventures between universities and
corporations;
(9) establish, when appropriate, subcouncils of
public and private leaders to develop recommendations
on long-term strategies for sectors of the economy and
for specific competitiveness issues;
(10) review policy recommendations developed by the
subcouncils and transmit such recommendations to the
Federal agencies responsible for the implementation of
such recommendations;
(11) prepare, publish, and distribute reports
containing the recommendations of the Council; and
(12) publish their analysis and recommendations in
the form of an annual report to the President and the
Congress which also comments on the overall
competitiveness of the American economy.
SEC. 5205.\96\ MEMBERSHIP.
(a) Composition and Representation.--
---------------------------------------------------------------------------
\96\ 15 U.S.C. 4804.
---------------------------------------------------------------------------
(1) The Council shall consist of 12 members, of
whom--
(A) four members shall be appointed by the
President, of whom--
(i) one shall be a national leader
with experience and background in
business;
(ii) one shall be a national leader
with experience and background in the
labor community;
(iii) one shall be a national leader
who has been active in public interest
activities; and
(iv) one shall be a head of a Federal
department or agency;
(B) four members shall be appointed by the
majority leader and the minority leader of the
Senate, acting jointly, of whom--
(i) one shall be a national leader
with experience or background in
business;
(ii) one shall be a national leader
with experience and background in the
labor community;
(iii) one shall be a national leader
with experience and background in the
academic community; and
(iv) one shall be a representative of
State or local government; and
(C) four members shall be appointed by the
Speaker, the minority leader of the House of
Representatives, acting jointly, of whom--
(i) one shall be a national leader
with experience and background in
business;
(ii) one shall be a national leader
with experience and background in the
labor community;
(iii) one shall be a national leader
with experience and background in the
academic community; and
(iv) one shall be a representative of
State or local government.
(2) In addition to the head of a Federal department
or agency appointed in accordance with subsection
(a)(1)(A)(iv), other Federal officials may participate
on an ex-officio basis as requested by the Council.
(3) All members of the Council shall be individuals
who have a broad understanding of the United States
economy and the United States competitive position
internationally.
(4) Not more than 6 members of the Council shall be
members of the same political party.
(b) Initial Appointments.--The initial members of the Council
shall be appointed within 30 days after the date of the
enactment of the Customs and Trade Act of 1990.\97\
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\97\ Sec. 133(a)(1) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 648) struck out ``January 21, 1989'' and
inserted in lieu thereof ``the date of the enactment of the Customs and
Trade Act of 1990'' [Aug. 20, 1990].
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(c) Vacancies.--
(1) A vacancy on the Council shall be filled in the
same manner in which the original appointment was made.
(2) Any member appointed to fill a vacancy on the
Council occurring before the expiration of the term for
which the predecessor of such member was appointed
shall be appointed only for the remainder of such term.
(3) A member of the Council may serve after the
expiration of the term of such member until the
successor of such member has taken office.
(d) Removal.--Members of the Council may be removed only for
malfeasance in office.
(e) \98\ Conflict of Interest.--A member of the Council shall
not serve as an agent for a foreign principal or a lobbyist for
a foreign entity (as the terms ``lobbyist'' and ``foreign
entity'' are defined under section 3 of the Lobbying Disclosure
Act of 1995).\99\
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\98\ Sec. 133(a)(2) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 648) struck out subsecs. (e) and (f) and
inserted new subsecs. (e) and (f). These subsections previously read as
follows:
``(e) Conflict of Interest.--
---------------------------------------------------------------------------
``(1) A member of the Council may not serve as an agent for a foreign
principal.
``(2) Members of the Council shall be required to file a financial
disclosure report under title II of the Ethics in Government Act of 1978
(Public Law 95-521), except that such reports shall be held confidential
and exempt from any law otherwise requiring their public disclosure.
``(3) Members of the Council shall be deemed to be special Government
employees, as defined in section 202 of title 18, United States Code, for
purposes of sections 201, 202, 203, 205, and 208 of such title.
---------------------------------------------------------------------------
``(f) Compensation.--
---------------------------------------------------------------------------
``(1) Each member of the Council who is not employed by the Federal
Government or any State or local government--
``(A) shall be compensated at a rate equal to the daily equivalent of the
rate for GS-18 of the General Schedule pursuant to section 5332 of title 5,
United States Code, for each day such member is engaged in duties as a
member of the Council; and
``(B) shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from the usual place of residence of such
member, in accordance with section 5703 of such title.
``(2) Each member of the Council who is employed by the Federal
Government or any State or local government shall serve on the Council
without additional compensation, but while engaged in duties as a member of
the Council shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from the usual place of residence of such
member, in accordance with subchapter I of chapter 57 of title 5, United
States Code.''.
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\99\ Sec. 12(a) of Public Law 104-65 (109 Stat. 701) inserted ``or
a lobbyist for a foreign entity (as the terms ``lobbyist'' and
``foreign entity'' are defined under section 3 of the Lobbying
Disclosure Act of 1995)'' after ``an agent for a foreign principal''.
Public Law 104-65 amends sec. 5206(e) but also refers to 15 U.S.C.
4804(e) to be amended. It is interpreted that the amendment is to be
applied to sec. 5205(e) (15 U.S.C. 4804(e)).
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(f) \98\ Expenses.--Each member of the Council, while engaged
in duties as a member of the Council, shall be paid actual
travel expenses, and per diem in lieu of subsistence expenses
when away from the usual place of residence of such member, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
(g) Quorum.--
(1) In general.--Seven members of the Council
constitute a quorum, except that a lesser number may
hold hearings if such action is approved by a two-
thirds vote of the entire Council.
(2) Initial organization.--The Council shall not
commence its duties until all the nongovernmental
members have been appointed and have qualified.
(h) Chairperson.--The Council shall elect, by a two-thirds
vote of the entire Council, a chairperson from among the
nongovernmental members.
(i) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members.
(j) Policy Actions.--Except as provided in subsection (g), no
action establishing policy shall be taken by the Council unless
approved by two-thirds of the entire membership of the Council.
(k) \100\ Alternate Members.--
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\100\ Sec. 133(a)(3) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 648) struck out subsecs. (l) and (m), which
previously read as follows:
``(l) Experts and Consultants.--The Council may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay for GS-16 of the
General Schedule.
``(m) Details.--Upon request of the Council, the head of any other
Federal agency is authorized to detail, on a reimbursable basis, any of
the personnel of such agency to the Council to assist the Council in
carrying out its duties under this subtitle.''.
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(1) Each member of the Council shall designate one
alternate representative to attend any meeting that
such member is unable to attend.
(2) In the course of attending any such meeting, an
alternate representative shall be considered a member
of the Council for all purposes, except for voting.
SEC. 5206.\101\ EXECUTIVE DIRECTOR AND STAFF.
(a) Executive Director.--
---------------------------------------------------------------------------
\101\ 15 U.S.C. 4805.
---------------------------------------------------------------------------
(1) The principal administrative officer of the
Council shall be an Executive Director, who shall be
appointed by the Council and who shall be paid at a
rate not to exceed GS-18 of the General Schedule.
(2) The Executive Director shall serve on a full-time
basis.
(b) Staff.--(1) Within the limitations of appropriations to
the Council, the Executive Director may appoint a staff for the
Council in accordance with the Federal civil service and
classification laws.
(2) The staff of the Council shall be deemed to be special
government employees as defined in section 202 of title 18,
United States Code, for purposes of title II of the Ethics in
Government Act of 1978 and sections 201, 202, 203, 205, 207,
and 208 of title 18, United States Code.
(c) \102\ Experts and Consultants.--The council may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, but at rates for individuals not
to exceed the daily equivalent of the maximum annual rate of
basic pay for GS-16 of the General Schedule.
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\102\ Sec. 133(b) of the Customs and Trade Act of 1990 (Public Law
101-382; 104 Stat. 648) added subsecs. (c) and (d).
---------------------------------------------------------------------------
(d) \102\ Details.--Upon request of the Council, the head
of any other Federal agency is authorized to detail, on a
reimbursable basis, any of the personnel of such agency to the
Council to assist the Council in carrying out its duties under
this subtitle.
SEC. 5207.\103\ POWERS OF THE COUNCIL.
(a) Hearings.--The Council may, for the purpose of carrying
out the provisions of this subtitle, hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Council considers appropriate.
The Council may administer oaths or affirmations to witnesses
appearing before the Council.
---------------------------------------------------------------------------
\103\ 15 U.S.C. 4806.
---------------------------------------------------------------------------
(b) Information.--
(1)(A) Except as provided in subparagraph (B), the
Council may secure directly from any Federal agency
information necessary to enable the Council to carry
out the provisions of this subtitle. Upon request of
the chairman of the Council, the head of such agency
shall promptly furnish such information to the Council.
(B) Subparagraph (A) does not apply to matters that
are specifically authorized under criteria established
by an Executive order to be kept secret in the interest
of national defense or foreign policy and are in fact
properly classified pursuant to such Executive order.
(2) In any case in which the Council receives any
information from a Federal agency, the Council shall
not disclose such information to the public unless such
agency is authorized to disclose such information
pursuant to Federal law.
(c) \104\ Consultation With the President and the Congress.--
No later than 120 \105\ days after the initial members are
appointed to the Council, the Council shall submit a report to
the President, the Senate Governmental Affairs Committee, and
the appropriate committees of the House of Representatives and
of the Senate, that proposes the type and scope of activities
the Council shall undertake, including the extent to which the
Council will coordinate activities with other advisory
committees relating to trade and competitiveness in order to
maximize the effectiveness of the Council.
---------------------------------------------------------------------------
\104\ Sec. 133(c)(1) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 649) redesignated subsecs. (d) through (i) as
(c) through (h), respectively. The original legislation contained no
subsec. (c).
\105\ Sec. 133(c)(2) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 649) struck out ``60'' and inserted in lieu
thereof ``120''.
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(d) \104\ Gifts.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(e) \104\ Use of the Mails.--The Council may use the United
States mails in the same manner and under the same conditions
as other Federal agencies.
(f) \104\ Administrative and Support Services.--The
Administrator of General Services shall provide to the Council,
on a reimbursable basis, such administrative and support
services as the Council may request.
(g) \104\ Subcouncils.--
(1) The Council may establish, for such period of
time as the Council determines appropriate, subcouncils
of public and private leaders to analyze specific
competitive issues.
(2) Any such subcouncil shall include representatives
of business, labor, government, and other individuals
or representatives of groups whose participation is
considered by the Council to be important to developing
a full understanding of the subject with which the
subcouncil is concerned.
(3) Any such subcouncil shall include a
representative of the Federal Government.
(4) Any such subcouncil shall assess the actual or
potential competitiveness problems facing the industry
or the specific policy issues with which the subcouncil
is concerned and shall formulate specific
recommendations for responses by business, government,
and labor--
(A) to encourage adjustment and modernization
of the industry involved;
(B) to monitor and facilitate industry
responsiveness to opportunities identified
under section 5208(b)(1)(B);
(C) to encourage the ability of the industry
involved to compete in markets identified under
section 5208(b)(1)(C); or
(D) to alleviate the problems in a specific
policy area facing more than one industry.
(5) Any discussion held by any subcouncil shall not
be considered to violate any Federal or State antitrust
law.
(6) Any discussion held by any subcouncil shall not
be subject to the provisions of the Federal Advisory
Committee Act, except that a Federal representative
shall attend all subcouncil meetings.
(7) Any subcouncil shall terminate 30 days after
making recommendations, unless the Council specifically
requests that the subcouncil continue in operation.
(h) \104\ Applicability of Advisory Committee Act.--The
provisions of subsections (e) and (f) of section 10, of the
Federal Advisory Committee Act shall not apply to the Council.
SEC. 5208.\106\ ANNUAL REPORT.
(a) Submission of Report.--The Council shall annually on
March 1 \107\ submit to the President, the Senate Governmental
Affairs Committee, and the appropriate Committees of the House
of Representatives and the Senate a report setting forth--
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\106\ 15 U.S.C. 4807.
\107\ Sec. 133(d) of the Customs and Trade Act of 1990 (Public Law
101-382; 104 Stat. 649) struck out ``prepare and'' and inserted in lieu
thereof ``on March 1''.
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(1) the goals to achieve a more competitive United
States economy;
(2) the policies needed to meet such goals;
(3) a summary of existing policies of the Federal
Government or State and local governments significantly
affecting the competitiveness of the United States
economy; and
(4) a summary of significant economic and
technological developments, in the United States and
abroad, affecting the competitive position of United
States industries.
(b) Contents of Report.--The report submitted under
subsection (a) shall--
(1) identify and describe actual or foreseeable
developments, in the United States and abroad, which--
(A) create a significant likelihood of a
competitive challenge to, or of substantial
dislocation in, an established United States
industry;
(B) present significant opportunities for
United States industries to compete in new
geographical markets or product markets, or to
expand the position of such industries in
established markets; or
(C) create a significant risk that United
States industries shall be unable to compete
successfully in significant markets;
(2) specify the industry sectors affected by the
developments described in the report under paragraph
(1); and
(3) contain a statement of the findings and
recommendations of the Council during the previous
fiscal year, including any recommendations of the
Council for (a) such legislative or administrative
actions as the Council considers appropriate, and (b)
including the elimination, consolidation,
reorganization of government agencies especially such
agencies that specifically deal with research, science,
technology, and international trade.
(c) Report by Congressional Committees.--The Council shall
consult with each committee to which a report is submitted
under this section and after such consultation, each such
committee shall submit to its respective House a report setting
forth the views and recommendations of such committee with
respect to the report of the Council.
SEC. 5209.\108\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of the
fiscal years 1991 and 1992 \109\ such sums as may be necessary
not to exceed $5,000,000 to carry out the provisions of this
subtitle.
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\108\ 15 U.S.C. 4808.
\109\ Sec. 133(e) of the Customs and Trade Act of 1990 (Public Law
101-382; 104 Stat. 649) struck out ``1989 and 1990'' and inserted in
lieu thereof ``1991 and 1992''.
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SEC. 5210.\110\ DEFINITIONS.
For purposes of this subtitle--
---------------------------------------------------------------------------
\110\ 15 U.S.C. 4809.
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(1) the term ``Council'' means the Competitiveness
Policy Council established under section 5203;
(2) the term ``member'' means a member of the
Competitiveness Policy Council;
(3) the term ``United States'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands,
American Samoa, and any other territory or possession
of the United States; and
(4) the term ``agent of a foreign principal'' is
defined as such term is defined under subsection (d) of
the first section of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611) subject to the provisions
of section 3 of such Act (22 U.S.C. 613).
* * * * * * *
Subtitle E--Trade Data and Studies
part i--national trade data bank
SEC. 5401.\111\ DEFINITIONS.
For purposes of this subtitle--
---------------------------------------------------------------------------
\111\ 15 U.S.C. 4901.
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(1) the term ``Committee'' means the Interagency
Trade Data Advisory Committee;
(2) the term ``Data Bank'' means the National Trade
Data Bank;
(3) the term ``Executive agency'' has the same
meaning as in section 105 of title 5, United States
Code;
(4) the term ``export promotion data system'' means
the data system known as the Commercial Information
Management System which is maintained and operated by
the United States and Foreign Commercial Service and is
established as part of the Data Bank under section
3816;
(5) the term ``international economic data system''
means the data system established as part of the Data
Bank under section 5406 which contains data useful to
policymakers and analysis concerned with international
economics; and
(6) the term ``Secretary'' means the Secretary of
Commerce.
SEC. 5402.\112\ INTERAGENCY TRADE DATA ADVISORY COMMITTEE.
(a) Establishment.--There is established the Interagency
Trade Data Advisory Committee.
---------------------------------------------------------------------------
\112\ 15 U.S.C. 4902.
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(b) Membership.--The Committee shall consist of--
(1) the United States Trade Representative;
(2) the Secretary of Agriculture;
(3) the Secretary of Defense;
(4) the Secretary of Commerce;
(5) the Secretary of Labor;
(6) the Secretary of the Treasury;
(7) the Secretary of State;
(8) the Director of the Office of Management and
Budget;
(9) the Director of Central Intelligence;
(10) the Chairman of the Federal Reserve Board;
(11) the Chairman of the International Trade
Commission;
(12) the President of the Export-Import Bank;
(13) the President of the Overseas Private Investment
Corporation; and
(14) such other members as may be appointed by the
President from full-time officers or employees of the
Federal Government.
(c) Chairman.--The Secretary of Commerce shall be Chairman of
the Committee.
(d) Designees.--Any member of the Committee may appoint a
designee to serve in place of such member on the Committee.
SEC. 5403.\113\ FUNCTIONS OF THE COMMITTEE.
The Committee shall advise the Secretary of Commerce, as
appropriate, on the establishment, structure, contents, and
operation of a National Trade Data Bank in accordance with
section 5406 in order to assure the timely collection of
accurate data and to provide the private sector and government
officials efficient access to economic and trade data collected
by the Federal Government for purposes of policymaking and
export promotion.
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\113\ 15 U.S.C. 4903.
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SEC. 5404.\114\ CONSULTATION WITH THE PRIVATE SECTOR AND GOVERNMENT
OFFICIALS.
The Secretary shall regularly consult with representatives of
the private sector and officials of State and local governments
to assess the adequacy of United States trade information. The
Secretary shall seek recommendations on how trade information
can be made more accessible, understandable, and relevant. The
Secretary shall seek recommendations as to what data should be
included in the export promotion data system in the Data Bank.
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\114\ 15 U.S.C. 4904.
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SEC. 5405.\115\ COOPERATION AMONG EXECUTIVE AGENCIES.
Each executive agency shall furnish to the Secretary such
information for inclusion in the National Trade Data Bank as
the Secretary, in consultation with the Advisory Committee,
considers necessary to the operation of the Data Bank.
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\115\ 15 U.S.C. 4905.
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SEC. 5406.\116\ ESTABLISHMENT OF THE DATA BANK.
(a) Establishment.--Within 2 years after the date of the
enactment of this Act, the Secretary of Commerce shall
establish the Data Bank. The Secretary shall manage the Data
Bank. The Data Bank shall consist of two data systems, to be
designated the International Economic Data System, as described
in subsection (b) and the Export Promotion Data System, as
described in subsection (c).
---------------------------------------------------------------------------
\116\ 15 U.S.C. 4905.
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(b) International Economic Data System.--The International
Economic Data System shall include current and historical
information determined by the Secretary to be useful (after the
consultation required by section 5404) to policymakers and
analysts concerned with international economics and trade and
which shall include data compiled or obtained by appropriate
executive agencies. Such information shall not identify parties
to transactions. Such information may include data for the
United States and countries with which the United States has
important economic relations including--
(1) data on imports and exports, including--
(A) aggregate import and export data for the
United States and for each foreign country;
(B) industry-specific import and export data
for each foreign country;
(C) product and service specific import and
export data for the United States;
(D) market penetration information; and
(E) foreign destinations for exports of the
United States;
(2) data on international service transactions;
(3) information on international capital markets,
including--
(A) interest rates; and
(B) average exchange rates;
(4) information on foreign direct investment in the
United States economy;
(5) international labor market information,
including--
(A) wage rates for major industries;
(B) international unemployment rates; and
(C) trends in international labor
productivity;
(6) information on foreign government policies
affecting trade, including--
(A) trade barriers; and
(B) export financing policies;
(7) import and export data for the United States on a
State-by-State basis aggregated at the product level
including--
(A) data concerning the country shipping the
import, the State of first destination, and the
original part of entry for imports of goods
and, to the extent possible, services; and
(B) data concerning the State of the
exporter, the port of departure, and the
country of first destination for export of
goods and, to the extent possible, services;
and
(8) any other economic and trade data collected by
the Federal Government that the Secretary determines to
be useful in carrying out the purposes of this
subtitle.
(c) Export Promotion Data System.--The export promotion data
system shall include data and information collected by the
Federal Government on the industrial sectors and markets of
foreign countries which are determined by the Secretary (after
consultation required by section 5404) to be of the greatest
interest to United States business firms that are engaged in
export-related activities and to Federal and State agencies
that promote exports, while providing for the confidentiality
of proprietary business information, and shall be designed to
use the most effective means of disseminating data and
information electronically through the Department, or
Department-designated offices, or through other available data
bases in an accurate and timely manner. Such data system shall
monitor, organize, and disseminate selected information on--
(1) specific business opportunities in foreign
countries;
(2) specific industrial sectors within foreign
countries with high export potential such as--
(A) size of the market;
(B) distribution of products;
(C) competition;
(D) significant applicable laws, regulations,
specifications, and standards;
(E) appropriate government officials; and
(F) trade associations and other contact
points; and
(3) foreign countries generally, such as--
(A) the general economic conditions;
(B) common business practices;
(C) significant tariff and trade barriers;
and
(D) other significant laws and regulations
regarding imports, licensing, and the
protection of intellectual property;
(4) export financing information, including the
availability, through public sources of funds for
United States exporters and foreign competitors;
(5) transactions involving barter and countertrade;
and
(6) any other similar information, that the Secretary
determines to be useful in carrying out the purposes of
this subtitle.
SEC. 5407.\117\ OPERATION OF THE DATA BANK.
The Secretary shall manage the Data Bank to provide the most
appropriate data retrieval system or systems possible. Such
system or systems shall--
---------------------------------------------------------------------------
\117\ 15 U.S.C. 4907.
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(1) be designed to utilize data processing and
retrieval technology in monitoring, organizing,
analyzing, and disseminating the data and information
contained in the Data Bank;
(2) use the most effective and meaningful means of
organizing and making such information available to--
(A) United States Government policymakers;
(B) United States business firms;
(C) United States workers;
(D) United States industry associations;
(E) United States agricultural interests;
(F) State and local economic development
agencies; and
(G) other interested United States persons
who could benefit from such information;
(3) be of such quality and timeliness and in such
form as to assist coordinated trade strategies for the
United States; and
(4) facilitate dissemination of information through
nonprofit organizations with significant outreach
programs which complement the regional outreach
programs of the United States and Foreign Commercial
Service.
SEC. 5408.\118\ INFORMATION ON THE SERVICE SECTOR.
(a) Service Sector Information.--The Secretary shall ensure
that, to the extent possible, there is included in the Data
Bank information on service sector economic activity that is as
complete and timely as information on economic activity in the
merchandise sector.
---------------------------------------------------------------------------
\118\ 15 U.S.C. 4908.
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(b) Survey.--The Secretary shall undertake a new benchmark
survey of service transactions, including transactions with
respect to--
(1) banking services;
(2) information services, including computer software
services;
(3) brokerage services;
(4) transportation services;
(5) travel services;
(6) engineering services;
(7) construction services; and
(8) health services.
(c) General Information and Index of Leading Indicators.--The
Secretary shall provide--
(1) not less than once a year, comprehensive
information on the service sector of the economy; and
(2) an index of leading indicators which includes the
measurement of service sector activity in direct
proportion to the contribution of the service sector to
the gross national product of the United States.
SEC. 5409.\119\ EXCLUSION OF INFORMATION.
The Data Bank shall not include any information--
---------------------------------------------------------------------------
\119\ 15 U.S.C. 4909.
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(1) the disclosure of which to the public is
prohibited under any other provision of law or
otherwise authorized to be withheld under other
provision of law; or
(2) that is specifically authorized under criteria
established by statute or an Executive order not to be
disclosed in the interest of national defense or
foreign policy and are in fact properly classified
pursuant to such Executive order.
SEC. 5410.\120\ NONDUPLICATION.
The Secretary shall ensure that information systems created
or developed pursuant to this subtitle do not unnecessarily
duplicate information systems available from other Federal
agencies or from the private sector.
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\120\ 15 U.S.C. 4910.
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SEC. 5411.\121\ COLLECTION OF DATA.
Except as provided in section 5408, nothing in this subtitle
shall be considered to grant independent authority to the
Federal Government to collect any data or information from
individuals or entities outside of the Federal Government.
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\121\ 15 U.S.C. 4911.
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SEC. 5412.\122\ FEES AND ACCESS.
The Secretary shall provide reasonable public services and
access (including electronic access) to any information
maintained as part of the Data Bank and may charge reasonable
fees consistent with section 552 of title 5, United States
Code.
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\122\ 15 U.S.C. 4912.
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SEC. 5413.\123\ REPORT TO CONGRESS.
(a) Interim Report.--Not more than 1 year after the date of
enactment of this Act, the Secretary after consultation with
the Advisory Committee shall submit a report to the
Governmental Affairs Committee and the Banking, Housing, and
Urban Affairs Committee of the Senate, other appropriate
committees of the Senate, and the House of Representatives
describing actions taken pursuant to this subtitle,
particularly--
---------------------------------------------------------------------------
\123\ 15 U.S.C. 4913.
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(1) actions taken to provide the information on
services described in section 5408; and
(2) actions taken to provide State-by-State
information as described in section 5406(b)(7).
(b) Final Report.--Not more than 3 years after the date of
enactment of this Act, the Secretary after consultation with
the Advisory Committee shall submit a report to the
Governmental Affairs Committee and the Banking, Housing, and
Urban Affairs Committee of the Senate, other appropriate
committees of the Senate, and the House of Representatives--
(1) assessing the current quality and
comprehensiveness of, and the ability of the public and
of private entities to obtain access to trade data;
(2) describing all other actions taken and planned to
be taken pursuant to this subtitle;
(3) including comments by the private sector and by
State agencies that promote exports on the
implementation of the Data Bank;
(4) describing the extent to which the systems within
the Data Bank are being used and any recommendations
with regard to the operation of the system; and
(5) describing the extent to which United States
citizens and firms have access to the data banks of
foreign countries that is similar to the access
provided to foreign citizens and firms.
part ii--studies
SEC. 5421.\124\ COMPETITIVENESS IMPACT STATEMENTS.
(a) The President or the head of the appropriate department
or agency of the Federal Government shall include in every
recommendation or report made to the Congress on legislation
which may affect the ability of United States firms to compete
in domestic and international commerce a statement of the
impact of such legislation on--
---------------------------------------------------------------------------
\124\ 2 U.S.C. 194b.
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(1) the international trade and public interest of
the United States, and
(2) the ability of United States firms engaged in the
manufacture, sale, distribution, or provision of goods
or services to compete in foreign or domestic markets.
(b) This section provides no private right of action as to
the need for or adequacy of the statement required by
subsection (a).
(c) This section shall cease to be effective six years from
the date of enactment.
SEC. 5422.\125\ STUDY AND REPORT BY THE ADVISORY COUNCIL ON FEDERAL
PARTICIPATION IN SEMATECH.
(a) Study and Report.--Not later than February 1, 1989, and
annually thereafter for each fiscal year in which appropriated
funds are expended for Sematech the Advisory Council on Federal
Participation in Sematech established under section 273(a) of
the National Defense Authorization Act for fiscal years 1988
and 1989 (15 U.S.C. 4603(a); Public Law 100-180) shall conduct
a study and submit a report to the Governmental Affairs
Committee and the Armed Services Committee of the Senate and to
appropriate committees of the House of Representatives
concerning Federal participation in Sematech. The study and
report shall be conducted under the direction of the Under
Secretary of Commerce for Economic Affairs.
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\125\ 15 U.S.C. 4603a.
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(b) Council Recommendations and Report.--The Council shall
include in the report submitted under subsection (a) the
following:
(1) identification of potential sources of Federal
funding from department and agency budgets for Sematech
and recommendations concerning methods and terms of
Federal financial participation in Sematech, including
grants, loans, loan guarantees, and contributions in
kind. The feasibility of methods of Federal recoupment
shall also be considered;
(2) definition and assessment of continued Federal
participation in Sematech including, but not limited
to, issues of technology research and development,
civilian and defense industrial base objectives and
initiatives, and commercialization. The report shall
include a summary of the most recent plans, milestones,
and cost estimates for Sematech, including any changes
and alterations, and shall comment on Sematech's
accomplishments and shortfalls in the preceding fiscal
year;
(3) coordination of inter-agency participation,
including all matters pertaining to Federal funding and
decisionmaking, and other issues regarding Federal
participation in Sematech; and
(4) any other issues and questions the Council deems
appropriate shall be considered.
SEC. 5423. IMPACT OF NATIONAL DEFENSE EXPENDITURES ON INTERNATIONAL
COMPETITIVENESS.
(a) Findings.--The Congress finds that the ability of United
States industries to compete in world markets may be adversely
affected by the following factors:
(1) The allocation of intellectual resources between
the private and public sectors.
(2) The distribution of innovative research and
development between commercial and noncommercial
applications.
(3) The number of scientific advances which are
ultimately commercialized.
(4) The cost of capital which is affected by many
factors including the budget deficit and defense
spending.
(b) Sense of Congress.--It is the sense of Congress that the
President should evaluate the impact on United States
competitiveness of--
(1) the defense spending by foreign countries,
particularly Japan's expenditure of 1 percent of its
gross national product for defense compared to the
expenditure of the United States of 6 percent of its
gross national product, and
(2) the other factors listed in subsection (a).
* * * * * * *
TITLE VI--[Repealed--1994] \126\
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\126\ Sec. 391(i) of Public Law 103-382 (108 Stat. 4023) repealed
Title VI, the ``Education and Training for a Competitive America Act of
1988''.
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* * * * * * *
TITLE VII--BUY AMERICAN ACT OF 1988 \127\
* * * * * * *
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\127\ Title VII amended the Buy American Act (41 U.S.C. 10A-10d).
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TITLE VIII--SMALL BUSINESS \128\
SEC. 8001.\129\ SHORT TITLE.
This title may be cited as the ``Small Business
International Trade and Competitiveness Act''.
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\128\ Title VIII, the ``Small Business International Trade and
Competitiveness Act'', amended the Small Business Act (15 U.S.C. 631).
The freestanding provisions are reproduced here.
\129\ 15 U.S.C. 631 note.
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* * * * * * *
SEC. 8009.\129\ GLOBALIZATION OF PRODUCTION.
Within one year after the date of enactment of this Act, the
Administrator of the Small Business Administration shall submit
a written report to the Committees on Small Business of the
House of Representatives and the Senate, prepared by the
Administration in conjunction with the Bureau of Census and in
cooperation with other relevant agencies, that would--
(1) analyze to the extent possible the effect of
increased outsourcing and other shifts in production
arrangements on small firms, particularly manufacturing
firms, within the United States subcontractor tier and
to the extent that such data is not available determine
methods by which such data may be collected;
(2) assess the impact of specific economic policies,
including, but not limited to, procurement, tax and
trade policies, in facilitating outsourcing and other
international production arrangements; and
(3) make recommendations as to changes in Government
policy that would improve the competitive position of
smaller United States subcontractors, including
recommendations as to incentives which could be
provided to larger corporations to maximize their use
of United States subcontractors and assist these
subcontractors in changing production and marketing
strategies and in obtaining new business in domestic
and foreign markets.
SEC. 8010.\129\ SMALL BUSINESS TRADE REMEDY ASSISTANCE.
Not later than December 1, 1988, the Comptroller General of
the United States shall conduct a study and submit a report to
the Committee on Governmental Affairs and the Committee on
Small Business of the Senate, as well as to other appropriate
committees of the Senate, and to the Committee on Small
Business and the Committee on Ways and Means of the House of
Representatives on the costs incurred by small businesses in
pursuing rights and remedies under the trade laws. Such report
shall include an analysis of--
(1) the costs incurred by small businesses (and trade
associations whose membership is primarily small
business) in pursuing investigations under the trade
remedy laws, including--
(A) antidumping investigations and
proceedings under title VII of the Tariff Act
of 1930;
(B) countervailing duty investigations and
proceedings under section 303 or title VII of
the Tariff Act of 1930;
(C) unfair trade practice investigations
under section 337 of the Tariff Act of 1930;
(D) investigations under chapter 1 of title
III of the Tariff Act of 1974;
(E) import relief investigations under
chapter 1 of title II of the Trade Act of 1974;
(F) market disruption investigations under
section 406 of the Trade Act of 1974; and
(G) national security relief investigations
under section 232 of the Trade Expansion Act of
1962;
(2) the extent of assistance and information provided
by the Trade Remedy Assistance Office of the United
States International Trade Commission;
(3) the ability of small businesses to generate the
information and resources needed for such
investigations; and
(4) the costs and benefits to the Federal Government
of either--
(A) providing reimbursement to small
businesses for legal expenses incurred in
pursuing trade remedies; or
(B) providing direct legal assistance to
small businesses.
SEC. 8011.\129\ NATIONAL SEMINAR ON SMALL BUSINESS EXPORTS.
(a) Seminar.--The Administration shall conduct a National
Seminar on Small Business Exports within one year following
enactment of this Act in order to develop recommendations
designed to stimulate exports from small companies. The Seminar
shall build upon the information collected by the
Administration through previously conducted regional small
business trade conferences.
(b) Assistance by Experts.--For the purpose of ascertaining
facts and developing policy recommendations concerning the
expansion of United States exports from small companies the
Seminar shall bring together individuals who are experts in the
fields of international trade and small business development
and representatives of small businesses, associations, the
labor community, academic institutions, and Federal, State and
local governments.
(c) Recommendations Concerning Utility of International
Conference.--The Seminar shall specifically consider the
utility of, and make recommendations regarding, a subsequent
International Conference on Small Business and Trade that
would--
(1) help establish linkages between United States
small business owners and small business owners in
foreign countries;
(2) enable United States small business owners to
learn how others organize themselves for exporting; and
(3) foster greater consideration of small business
concerns in the GATT.
SEC. 8012.\129\ TRADE NEGOTIATIONS.
It is the sense of the Congress that the interests of the
small business community have not been adequately represented
in trade policy formulation and in trade negotiations.
Therefore, it is the sense of the Congress that the
Administrator of the Small Business Administration should be
appointed as a member of the Trade Policy Committee and that
the United States Trade Representative should consult with the
Small Business Administration and its Office of Advocacy in
trade policy formulation and in trade negotiations.
Further, it is the sense of the Congress that the United
States Trade Representative would better serve the needs of the
small business community with full-time staff assistance with
responsibilities for small business trade issues.
Further, it is the sense of the Congress that the United
States Trade Representative should appoint a special trade
assistant for small business.
SEC. 8013.\129\ PROMULGATION OF REGULATIONS.
Notwithstanding any law, rule, or regulation, the Small
Business Administration shall promulgate final regulations to
carry out the provisions of this title within six months after
the date of enactment of this title.
SEC. 8014.\129\ EFFECTIVE DATE.
This title shall become effective on the date of its
enactment.
* * * * * * *
TITLE X--OCEAN AND AIR TRANSPORTATION
Subtitle A--Foreign Shipping Practices
SEC. 10001.\130\ SHORT TITLE.
This subtitle may be cited as the ``Foreign Shipping
Practices Act of 1988''.
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\130\ 46 U.S.C. app. 1701 note.
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SEC. 10002.\131\ FOREIGN LAWS AND PRACTICES.
(a) Definitions.--For purposes of this section--
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\131\ 46 U.S.C. app. 1710a.
---------------------------------------------------------------------------
(1) ``common carrier'', ``marine terminal operator'',
``ocean transportation intermediary'',\132\ ``ocean
common carrier'', ``person'', ``shipper'', ``shippers'
association'', and ``United States'' have the meanings
given each such term, respectively, in section 3 of the
Shipping Act of 1984 (46 App. U.S.C. 1702);
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\132\ Sec. 111(1) of the Ocean Shipping Reform Act of 1998 (Public
Law 105-258; 112 Stat 1911) struck out ``non-vessel-operating-common-
carrier'' and inserted in lieu thereof ``ocean transportation
intermediary''.
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(2) ``foreign carrier'' means an ocean common carrier
a majority of whose vessels are documented under the
laws of a country other than the United States;
(3) ``maritime services'' means port-to-port carriage
of cargo by the vessels operated by ocean common
carriers;
(4) ``maritime-related services'' means intermodal
operations, terminal operations, cargo
solicitation,\133\ agency services, ocean
transportation intermediary \134\ services and
operations, and all other activities and services
integral to total transportation systems of ocean
common carriers and their foreign domiciled affiliates
on their own and others' behalf;
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\133\ Sec. 111(2) of Public Law 105-258 (112 Stat. 1911) struck out
``forwarding and''.
\134\ Sec. 111(3) of Public Law 105-258 (112 Stat. 1911) struck out
``non-vessel-operating common carrier'' and inserted in lieu thereof
``ocean transportation intermediary''.
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(5) ``United States carrier'' means an ocean common
carrier which operates vessels documented under the
laws of the United States; and
(6) ``United States oceanborne trade'' means the
carriage of cargo between the United States and a
foreign country, whether direct or indirect, by an
ocean common carrier.
(b) Authority To Conduct Investigations.--The Federal
Maritime Commission shall investigate whether any laws, rules,
regulations, policies, or practices of foreign governments, or
any practices of foreign carriers or other persons providing
maritime or maritime-related services in a foreign country
result in the existence of conditions that--
(1) adversely affect the operations of United States
carriers in United States oceanborne trade; and
(2) do not exist for foreign carriers of that country
in the United States under the laws of the United
States or as a result of acts of United States carriers
or other persons providing maritime or maritime-related
services in the United States.
(c) Investigations.--(1) Investigations under subsection (b)
of this section may be initiated by the Commission on its own
motion or on the petition of any person, including any common
carrier, shipper, shippers' association, ocean transportation
intermediary,\135\ or marine terminal operator, or any branch,
department, agency, or other component of the Government of the
United States.
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\135\ Sec. 111(4) of the Ocean Shipping Reform Act of 1998 (Public
Law 105-258; 112 Stat. 1911) struck out ``freight forwarder'' and
inserted in lieu thereof ``transportation intermediary''.
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(2) The Commission shall complete any such investigation and
render a decision within 120 days after it is initiated, except
that the Commission may extend such 120-day period for an
additional 90 days if the Commission is unable to obtain
sufficient information to determine whether a condition
specified in subsection (b) of this section exists. Any notice
providing such an extension shall clearly state the reasons for
such extension.
(d) Information Requests.--(1) In order to further the
purposes of subsection (b) of this section, the Commission may,
by order, require any person (including any common carrier,
shipper, shippers' association, ocean freight forwarder, or
marine terminal operator, or any officer, receiver, trustee,
lessee, agent or employee thereof) to file with the Commission
any periodic or special report, answers to questions,
documentary material, or other information which the Commission
considers necessary or appropriate. The Commission may require
that the response to any such order shall be made under oath.
Such response shall be furnished in the form and within the
time prescribed by the Commission.
(2) In an investigation under subsection (b) of this section,
the Commission may issue subpoenas to compel the attendance and
testimony of witnesses and the production of records or other
evidence.
(3) Notwithstanding any other provision of law, the
Commission may, in its discretion, determine that any
information submitted to it in response to a request under this
subsection, or otherwise, shall not be disclosed to the public.
(e) Action Against Foreign Carriers.--(1) Whenever, after
notice and opportunity for comment or hearing, the Commission
determines that the conditions specified in subsection (b) of
this section exist, the Commission shall take such action as it
considers necessary and appropriate against any foreign carrier
that is a contributing cause to, or whose government is a
contributing cause to, such conditions, in order to offset such
conditions. Such action may include--
(A) limitations on sailings to and from United States
ports or on the amount or type of cargo carried;
(B) suspension, in whole or in part, of any or all
tariffs and service contracts,\136\ including the right
of an ocean common carrier to use any or all tariffs
and service contracts \136\ of conferences in United
States trades of which it is a member for such period
as the Commission specifies;
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\136\ Sec. 111(6) of the Ocean Shipping Reform Act of 1998 (Public
Law 105-258; 112 Stat. 1911) struck out ``filed with the Commission''
and inserted in lieu thereof ``and service contracts''.
---------------------------------------------------------------------------
(C) suspension, in whole or in part, of the right of
an ocean common carrier to operate under any agreement
filed with the Commission, including agreements
authorizing preferential treatment at terminals,
preferential terminal leases, space chartering, or
pooling of cargo or revenues with other ocean common
carriers; and
(D) a fee, not to exceed $1,000,000 per voyage.
(2) The Commission may consult with, seek the cooperation of,
or make recommendations to other appropriate Government
agencies prior to taking any action under this subsection.
(3) Before a determination under this subsection becomes
effective or a request is made under subsection (f) of this
section, the determination shall be submitted immediately to
the President who may, within 10 days after receiving such
determination, disapprove the determination in writing, setting
forth the reasons for the disapproval, if the President finds
that disapproval is required for reasons of the national
defense or the foreign policy of the United States.
(f) Actions Upon Request of the Commission.--Whenever the
conditions specified in subsection (b) of this section are
found by the Commission to exist, upon the request of the
Commission--
(1) the collector of customs at any port or place of
destination in the United States shall refuse the
clearance required by section 4197 of the Revised
Statutes (46 App. U.S.C. 91) to any vessel of a foreign
carrier that is identified by the Commission under
subsection (e) of this section; and
(2) the Secretary of the department in which the
Coast Guard is operating shall deny entry, for purposes
of oceanborne trade, of any vessel of a foreign carrier
that is identified by the Commission under subsection
(e) of this section to any port or place in the United
States or the navigable waters of the United States, or
shall detain any such vessel at the port or place in
the United States from which it is about to depart for
any other port or place in the United States.
(g) Report.--The Commission shall include in its annual
report to Congress--
(1) a list of the twenty foreign countries which
generated the largest volume of oceanborne liner cargo
for the most recent calendar year in bilateral trade
with the United States;
(2) an analysis of conditions described in subsection
(b) of this section being investigated or found to
exist in foreign countries;
(3) any actions being taken by the Commission to
offset such conditions;
(4) any recommendations for additional legislation to
offset such conditions; and
(5) a list of petitions filed under subsection (c) of
this section that the Commission rejected, and the
reasons for each such rejection.
(h) The actions against foreign carriers authorized in
subsections (e) and (f) of this section may be used in the
administration and enforcement of section 13(b)(6) \137\ of the
Shipping Act of 1984 (46 App. U.S.C. 1712(b)(5)) or section
19(1)(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 876).
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\137\ Sec. 111(7) of the Ocean Shipping Reform Act of 1998 (Public
Law 105-258; 112 Stat. 1911) struck out ``(b)(5)'' and inserted in lieu
thereof ``(b)(6)''.
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(i) Any rule, regulation or final order of the Commission
issued under this section shall be reviewable exclusively in
the same forum and in the same manner as provided in section
2342(3)(B) of title 28, United States Code.
* * * * * * *
(14) Federal Triangle Development Act
Partial text of Public Law 100-113 [S. 1550], 101 Stat. 735, approved
August 21, 1987; as amended by Public Law 105-277 [Omnibus Consolidated
and Emergency Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681,
approved October 21, 1998
AN ACT To complete the Federal Triangle in the District of Columbia, to
construct a public building to provide Federal office space and space
for an international cultural and trade center, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 7.\1\ INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION
(a) Establishment.--There is established a commission to be
known as the International Cultural and Trade Center
Commission.
---------------------------------------------------------------------------
\1\ 40 U.S.C. 1106.
---------------------------------------------------------------------------
(b) Duties of Commission.--The duties of the Commission are
as follows:
(1) To participate in accordance with section 4 in
the planning of the building to be constructed under
section 5.
(2) To enter into an agreement with the Administrator
under section 8 for the lease of space in the building
constructed under section 5 for establishment,
operation, and maintenance of an international cultural
and trade center.
(3) To operate and manage any space leased under
section 8 in accordance with the objectives of this
Act.
(4) To prepare under section 8 an annual report on
the operation and management of such space.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 14 members \2\ as follows:
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\2\ Sec. 1335(h)(1)(A) of the Foreign Affairs Reform and
Restructuring Act of 1998 (Division G of Public Law 105-277; 112 Stat.
2681-788) struck out ``15 members'' and inserted in lieu thereof ``14
members''.
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(A) The Secretary of State or his delegate.
(B) The Secretary of Commerce or his delegate
(C) The Secretary of Agriculture or his
delegate.
(D) The United States Trade Representative or
his delegate.
(E) The Administrator or his delegate.
(F) \3\ The Chairman of the Corporation or
his delegate.
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\3\ Sec. 1335(h)(1)(B) and (C) of the Foreign Affairs Reform and
Restructuring Act of 1998 (Division G of Public Law 105-277; 112 Stat.
2681-788) struck out subpara. (F) and redesignated subparas. (G)
through (J) as subparas. (F) through (I), respectively. Subpara. (F)
originally read ``The Director of the United States Information Agency
or his delegate.''.
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(G) \3\ The Mayor of the District of Columbia
or his delegate.
(H) \3\ The Chairman of the National
Endowment for the Arts or his delegate.
(I) \3\ 6 individuals appointed by the
President one of whom shall be a resident and
registered voter of the District of Columbia
and all of whom shall be specially qualified to
serve on the Commission by virtue of their
education, training, or experience in
international trade, commerce, cultural
exchange, finance, business, or management of
facilities similar to the international
cultural and trade center described in section
8.
A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(2) Terms.--
(A) General rule.--Except as provided in
subparagraph (B), the terms of office of the
private sector Members first taking office
shall begin on the date of the enactment of
this Act and shall expire as designated at the
time of appointment, two at the end of two
years, two at the end of four years, and two at
the end of six years.
(B) Filling vacancy.--Any member of the
Commission appointed to fill a vacancy
occurring before the expiration of the term for
which his predecessor was appointed shall be
appointed only for the remainder of such term.
A member may serve after the expiration of his
term until his successor has taken office.
(3) Pay.--Members of the Commission shall serve
without pay; except that any member of the Commission
appointed under paragraph (1)(I) \4\ shall while
attending meetings of and attending hearing held by the
Commission be entitled to travel or transportation
expenses in accordance with section 5703 of title 5,
United States Code.
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\4\ Sec. 1335(h)(2) of the Foreign Affairs Reform and Restructuring
Act of 1998 (Division G of Public Law 105-277; 112 Stat. 2681-788)
struck out ``paragraph (1)(J)'' each place it appeared in paras. (3)
and (5) in subsec. (c) and inserted in lieu thereof ``paragraph
(1)(I)''.
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(4) Quorum.--8 members of the Commission shall
constitute a quorum but lesser number may hold
hearings.
(5) Designation of chairman.--The Chairman and Vice
Chairman of the Commission shall be designated by the
President; except that the Chairman may only be
designated from individuals appointed under paragraph
(1)(I).\4\
(6) Meetings.--The Commission shall meet at the call
of the Chairman but no less often than every 4 months.
(d) Staff of Commission.--
(1) General rule.--The Commission shall have a staff,
including an executive director. Such staff shall be
composed of individuals who may either be appointed
under paragraph (2) or detailed under paragraph (3);
except that the staff of the Commission may not at any
time be composed of more than 15 individuals.
(2) Authority to appoint.--The Commission may appoint
and fix the pay of not to exceed 10 individuals,
including an individual to serve as the executive
director of the Commission. Staff appointed under this
paragraph shall be appointed subject to the provisions
of title 5, United States Code, governing appointments
in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates; except
that--
(A) the individual appointed to serve as the
executive director and one other individuals
appoint to the staff of the Commission may be
appointed and compensated without regard to
such provisions; and
(B) the pay of any individual (other than the
2 individuals referred to in subparagraph (A))
appointed under this paragraph shall be at a
rate not to exceed the maximum rate of basic
pay payable to GS-17 of the General Schedule.
(3) Detail.--Subject to paragraph (1), upon request
of the Commission, the Secretary of State, the
Secretary of Commerce, the Secretary of Agriculture,
the Special Trade Representative, and the Administrator
\5\ may detail, on a reimbursable basis, such of the
personnel of the department or agency such person heads
as may be necessary to assist the Commission in
carrying out it duties under this Act.
---------------------------------------------------------------------------
\5\ Sec. 1335(h)(3) the Foreign Affairs Reform and Restructuring
Act of 1998 (Division G of Public Law 105-277; 112 Stat. 2681-788)
struck out ``the Administrator and the Director of the United States
Information Agency'' and inserted in lieu thereof ``and the
Administrator''.
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(e) Office Space and Supplies.--Upon request of the
Commission, the Secretary of State, the Secretary of Commerce,
the Secretary of Agriculture, The Special Trade Representative,
the Administrator, and the Director of the United States
Information Agency may provide, on a reimbursable basis, such
office space, supplies, equipment, and other support services
as may be necessary for the Commission to carry out it duties
under this Act.
(f) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for
the purpose of carrying out it duties under this Act,
hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence,
as the Commission considers appropriate.
(2) Powers of members and agents.--Any member or
agent of the Commission may, if so authorized by the
Commission, take any action which the Commission is
authorized to take by this subsection.
(3) Obtaining official data.--The Commission may
obtain from any department or agency of the United
States information necessary to enable it to carry out
its duties under this Act. Upon request of the Chairman
of the Commission, the head of such department or
agency shall furnish such information to the
Commission.
(4) Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
(5) Mails.--The Commission may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(6) Authority to contract out.--Subject to applicable
provisions of law, the Commission may enter into such
contracts or agreements as the Commission considers
appropriate to carry out any of its duties under this
Act.
(7) Experts and consultants.--The Commission may
procure temporary and intermittent services under
section 3109(b) of title 5 of the United States Code.
(g) Limitation on Expenses.--
(1) Maximum amount.--The maximum amount of expenses
(including salaries, travel expenses, expenses for
temporary and intermittent services, expenses under
contracts or agreements entered into under subsection
(f)(7), and supply expenses) which the Commission may
incur in any fiscal year may not exceed $1,000,000 in
any fiscal year.
(2) Adjustment for inflation.--Any dollar amount
referred to in this subsection, subsection (h)(3), and
section 8(d) may be adjusted by the Commission annually
to reflect a percentage increase or decrease in the
Consumer Price Index for All Urban Consumers for the
preceding calendar year, as determined by the United
States Department of Labor, Bureau of Labor Statistics.
(h) Funding.--
(1) Requests for transfers.--If the Commission incurs
any expenses in carrying out its duties under this Act,
the Commission may request the Secretary of State, the
Administrator, or any other Federal official referred
to in subsection (c)(1) to transfer to the Commission
an amount equal to such expenses from funds
appropriated to such official.
(2) Authority for transfers.--Subject to paragraphs
(3) and (5), any official referred to in paragraph (1)
may transfer such amounts from funds appropriated to
such official as may be necessary to enable the
Commission to carry out its duties under this Act.
(3) Maximum amount of requests and transfers.--The
aggregate amount of requests for transfers, and the
aggregate amount of transfers, under this subsection
may not exceed $1,000,000 in any fiscal year.
(4) Deposit of receipts.--The Commission shall
deposit all amounts it receives under this subsection
into the account established by section 8(d).
(5) Limitation on effect.--This subsection shall not
be effective with respect to any fiscal year beginning
after the last day of the 2-year period beginning on
the first day the Commission deposits under section
8(c) funds into the account established by section
8(d).
SEC. 8.\6\ OPERATION AND MANAGEMENT OF INTERNATIONAL CULTURAL AND TRADE
CENTER
(a) Lease of Space.--
---------------------------------------------------------------------------
\6\ 40 U.S.C. 1107.
---------------------------------------------------------------------------
(1) Agreement.--The Administrator and the Commission
shall enter into an agreement for the Commission to
lease from the Administrator not to exceed 500,000
square feet of occupiable space in the building to be
constructed under section 5 to serve as an
international cultural and trade center.
(2) Size.--The Commission shall determine the amount
of space necessary for operation of the international
cultural and trade center based upon demand, except
that such space may not exceed 500,000 square feet of
occupiable space. Upon certification of such demand by
the Commission, the Administrator shall lease such
amount of space to the Commission.
(3) Terms.--The agreement entered into under this
subsection shall include at a minimum the following
terms:
(A) The Commission will be permitted to
sublease its space in such building to foreign
missions, commercial establishments sponsored
by foreign governments, and international
cultural and trade organizations, including
domestic organizations and State and local
governments.
(B) All space leased by the Commission from
the Administrator will be at such rate as the
Administrator and the Commission may agree but
not less than the rate established under
section 6(b)(2) plus such amount as the
Administrator determines is necessary to pay on
an annual basis for the costs of administering
such building (including operation,
maintenance, and rehabilitation costs) which
are attributable to such space.
(C) Such terms relating to default and
nonperformance as the Administrator considers
appropriate to protect the interests of the
United States.
(b) Establishment of Center.--
(1) By commission.--The Commission shall establish,
operate, and maintain an international cultural and
trade center in the space leased from the Administrator
under subsection (a).
(2) Contents.--The international cultural and trade
center may include the following:
(A) Office space for foreign missions and
domestic and international organizations
involved in international trade or cultural
activities.
(B) A world exhibition center providing space
for exhibits from foreign nations.
(C) An international bazaar providing space
for commercial establishments sponsored by
foreign governments.
(D) An international center providing a
centralized foreign trade reference facility,
conference and meeting facilities, and audio-
visual facilities for translating foreign
languages.
(E) Such other facilities as are consistent
with the objectives of this section.
(3) Subleasing of space.--
(A) Agreements.--The Commission may enter
into agreements with foreign missions and
international cultural and trade organizations
(including domestic organizations and State and
local governments) to sublease any or all of
the space it leased from the Administrator
under subsection (a). Space subleased to such
missions and organizations may only be used for
establishment of trade centers and exhibitions,
offices, and commercial establishments
described in paragraph (2) and such other
facilities as the Commission determines are
consistent with an international cultural and
trade center.
(B) Terms and conditions.--An agreement
entered into under this subsection shall be
subject to such terms and conditions as the
Commission determines are appropriate to carry
out the objectives of this Act. The rental rate
per square foot of occupiable space for space
subleased under this subsection shall be
determined in accordance with subsection (c);
except that the Commission may adjust such rate
with respect to any space subleased to a
foreign mission in accordance with the
recommendations of the Secretary of State
acting in accordance with section 204(b) of the
State Department Basic Authorities Act of 1956
(22 U.S. C. 4304(b)). The Secretary of State
may reimburse the Commission for any expenses
which are incurred by the Commission as a
result of making adjustments in the rental rate
for space under this subparagraph.
(4) Reference facility and cultural events.--The
Commission may establish in a portion of the space
leased from the Administrator under this section a
centralized foreign trade reference facility and
conference and meeting facilities and audio-visual
facilities for translating foreign languages. The
Commission may permit cultural events and other
activities to be held in a portion of such space. The
Commission shall establish in accordance with
subsection (c) fees and charges for--
(A) the use of such facilities and
auditorium, and
(B) the holding of such events and
activities.
(c) Rents and Fees.--
(1) Establishment of amount.--The Commission shall
establish the amounts of fees under subsection (b)(4),
and establish a rental rate for space subleased under
subsection (b)(3), taking into account the objectives
of this section and the best interests of the United
States. In any fiscal year beginning after the last day
of the 2-year period beginning on the first day the
Commission deposits under this subsection funds into
the account established under subsection (d), the
aggregate amount of such fees and rent shall not be
less than the cost to the Commission of subleasing
space from the Administrator under subsection (a) in
such fiscal year plus the expenses (including salaries,
travel expenses, expenses for temporary and
intermittent services, expenses under contracts or
agreements entered into under subsection 7(f)(7),
supply expenses and any reimbursable expenses) incurred
by the Commission in carrying out its duties under this
Act in such fiscal year.
(2) Collection.--The Commission shall collect--
(A) rent for space subleased under subsection
(b); and
(B) fees and charges under subsection (b).
(3) Deposit.--The Commission shall deposit all
amounts collected under this subsection and all amounts
transferred by the Secretary of State to the Commission
under subsection (b)(3)(B) into the account established
under subsection (d).
(d) Separate Account.--
(1) Establishment.--There is established in the
Treasury of the United States a separate account.
(2) Contents.--The account shall include all amounts
deposited by the Commission under subsection (c) and
section 7(h).
(3) Availability.--Amounts in the account established
under this subsection shall be available to the
Commission to pay--
(A) all rents owed to the Administrator for
lease of space under subsection (a); and
(B) all expenses (including salaries, travel
expenses, expenses for temporary and
intermittent services, expenses under contracts
or agreements entered into under section
7(f)(7), and supply expenses) incurred by the
Commission in carrying out its duties under
this Act but not exceeding $1,000,000 in any
fiscal year.
(4) Payments.--The Commission shall pay, from amounts
in the account established by this subsection--
(A) for lease of space under subsection (a)
on an annual basis amounts owed to the
Administrator for deposit into the fund
established by section 210(f) of the Federal
Property and Administrative Services Act of
1949 (40 U.S.C. 490 (f)); and
(B) all expenses incurred by it in carrying
out its duties under this Act but not exceeding
$1,000,000 in any fiscal year.
(5) Transfer of excess funds.--Periodically, but not
less often than once per fiscal year, funds which the
Commission determines are in excess of those needed to
make the payments described in paragraph (4) shall be
transferred by the Commission from the account
established under this subsection to the fund
established under section 210(f) of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 490 (f)).
(h) \7\ Annual Report and Budget.--The Commission shall
prepare and transmit to the Committee on Environment and Public
Works of the Senate and the Committee of Public Works and
Transportation \8\ of the House of Representatives (1) an
annual report in January of each calendar year on the operation
and management of the space leased by the Commission under
subsection (a) and the international cultural and trade center,
and (2) a budget for such fiscal year for operation,
maintenance, and alteration of such center, including amounts
received and projected to be received by the Commission in such
fiscal year and expenses incurred and projected to be incurred
by the Commission in such fiscal year.
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\7\ As enrolled. There are no subsecs. (e), (f), or (g).
\8\ Sec. 1(a)(9) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Public Works and Transportation of the
House of Representatives shall be treated as referring to the Committee
on Transportation and Infrastructure of the House of Representatives.
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* * * * * * *
(15) Customs and Miscellaneous Amendments
Partial text of Title II of Public Law 98-573 [Trade and Tariff Act of
1984; H.R. 3398], 98 Stat. 2948 at 2973, approved October 30, 1984; as
amended by Public Law 100-418 [Omnibus Trade and Competitiveness Act of
1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988
AN ACT To amend the trade laws, authorize the negotiation of trade
agreements, extend trade preferences, change the tariff treatment with
respect to certain articles, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act with the following table of contents may be cited as the
``Trade and Tariff Act of 1984''.
* * * * * * *
TITLE II--CUSTOMS AND MISCELLANEOUS AMENDMENTS
Subtitle A--Amendments to the Tariff Act of 1930
* * * * * * *
Subtitle B--Small Business Trade Assistance
* * * * * * *
Subtitle C--Miscellaneous Provisions
SEC. 231. FOREIGN TRADE ZONE PROVISIONS.
(a)(1) The Congress finds that a delicate balance of the
interests of the bicycle industry and the bicycle component
parts industry has been reached through repeated revision of
the Harmonized Tariff Schedule of the United States \1\ so as
to allow duty-free import of those categories of bicycle
component parts which are not manufactured domestically. The
Congress further finds that this balance would be destroyed by
exempting otherwise dutiable bicycle component parts from the
customs laws of the United States through granting foreign
trade zone status to bicycle manufacturing and assembly plants
in the United States and that the preservation of such balance
is in the public interest and in the interest of the domestic
bicycle industry.
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\1\ Sec. 1214(s)(1) of Public Law 100-418 (102 Stat. 1160) struck
out ``Tariff Schedules of the United States'' and inserted in lieu
thereof ``Harmonized Tariff Schedule of the United States''.
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(2) \2\ * * *
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\2\ Para. (2) amended sec. 3 of the Act of June 18, 1934 (Foreign
Trade Zones Act; 19 U.S.C. 81c), effective on the fifteenth day after
the date of the enactment of this Act. Para. (2) also amended sec. 15
of that Act, effective January 1, 1983.
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* * * * * * *
SEC. 235.\3\ PRODUCTS OF CARIBBEAN BASIN COUNTRIES ENTERED IN PUERTO
RICO.
---------------------------------------------------------------------------
\3\ Sec. 235 amended the Caribbean Basin Economic Recovery Act.
---------------------------------------------------------------------------
* * * * * * *
SEC. 245. SENSE OF CONGRESS REGARDING POSSIBLE EEC ACTION ON CORN
GLUTEN.
Whereas--
(1) the European Council of Ministers has directed
the Commission of the European Community (EC) to
initiate consultations with the United States and other
interested parties under article XXVIII of the General
Agreement on Tariffs and Trade (GATT) for the purpose
of imposing tariff or tariff quota restrictions on
imports of nongrain feed ingredients, including corn
gluten feed;
(2) the EC has considered proposals to impose a
domestic consumption tax on vegetable fats and oils,
which would undermine the intention of the duty-free
binding on certain corn and soybean products imported
from the United States;
(3) the EC has bound in the GATT that it will impose
no import duties on soybeans, soybean meal, corn gluten
feed, and other corn by-products, and such zero-tariff
bindings were agreed to in return for United States
trade concessions to the EC during previous rounds of
trade negotiations;
(4) the EC has not demonstrated sound economic
justification for restrictions on the import of
nongrain feed ingredients and such restrictions would
only shift the financial burden of EC Common
Agricultural Policy (CAP) reform from the EC to other
countries, with negligible improvement in the current
EC budget situation;
(5) action by the EC to breach a negotiated
concession would severely erode the basic GATT
principle of comparative advantage and set a dangerous
precedent which could threaten other previously
negotiated concessions and serve as a precursor to
restrictions on the import of soybeans and soybean
products; and
(6) the official position of the United States, as
stated by the Secretary of Agriculture, is that there
is strong support for the EC efforts to balance the
agricultural budget, but that the United States will
oppose any efforts to limit its exports of corn gluten
feed to the EC;
it is the sense of Congress that--
(A) the President should continue to firmly
oppose the imposition of any restriction on
European Community imports of nongrain feed
ingredients, including corn gluten, and should
support the current duty-free binding on such
products;
(B) the President should continue to
rigorously oppose any European Community
proposals which would violate the intent of the
existing duty-free binding in the General
Agreement on Tariffs and Trade on soybeans and
soybean products and reaffirm the United States
conviction that the imposition of a consumption
tax on vegetable fats and oils by the European
Community would represent a restraint of trade;
and
(C) if unilateral action is taken by the
European Community to restrict or inhibit the
importation of either nongrain feed
ingredients, including corn gluten feed, or
vegetable fats and oils, including soybean
products, the United States should act
immediately to restrict European Community
imports of at least the aggregate value of the
reduced and potentially reduced United States
export products.
SEC. 246. STUDY ON HONEY IMPORTS.
(a) The Senate finds that--
(1) in 1976 the International Trade Commission found
that honey imports threatened serious injury to the
domestic honey industry and recommended action to
control honey imports.
(2) the domestic honey industry is essential for
production of many agricultural crops.
(3) a significant part of our total diet is dependent
directly or indirectly on insect pollination, and
(4) it is imperative that the domestic honey bee
industry be maintained at a level sufficient to provide
crop pollination.
(b) It is the sense of the Senate that the Secretary of
Agriculture should promptly request the President to call for
an International Trade Commission investigation of honey
imports, under section 22 of the Agriculture Adjustment Act.
SEC. 247. COPPER IMPORTS.
(a) The Congress finds that--
(1) The United States International Trade Commission
unanimously found that the United States copper
producing industry is being seriously injured by copper
imports;
(2) worldwide copper prices are at record low levels;
(3) foreign copper producers have increased their
copper production in spite of depressed world prices in
an effort to meet their external debt obligations;
(4) United State copper production has been reduced
by over forty percent and over half of the work force
has been laid off;
(5) continuation of the current depressed world price
for copper threatens severe economic distress for less
developed countries which are dependent on copper
exports as their major source of foreign exchange;
(6) the competitiveness of United States copper
producers could be enhanced through the investment
which could be generated if worldwide copper prices
returned to more historically representative levels;
and
(7) a balanced reduction in foreign copper production
which raises marginally the world price for copper
would not disadvantage domestic fabricators by creating
a two-tier pricing system.
(b) It is the sense of Congress that the President should
negotiate with the principal foreign copper-producing countries
to conclude voluntary restraint agreements with those
governments for the purpose of effecting a balanced reduction
of total annual foreign copper production for a period of
between three and five years in order to--
(1) allow the price of copper on international
markets to rise modestly to levels which will permit
the remaining copper operations located in the United
States to attract needed capital, and
(2) achieve a secure domestic supply of copper.
(c) It is the further sense of the Congress that the
President should submit a report to Congress, within twelve
months of the date of enactment of this Act, explaining--
(1) the results of his negotiations; or
(2) why he felt it was inappropriate or unnecessary
to undertake such negotiations.
* * * * * * *
SEC. 250. HOGS AND PORK PRODUCTS FROM CANADA.
The pork industry contributes $9,000,000,000 annually to
the United States economy;
Over four hundred and fifty thousand United States farmers
produce pork for domestic and foreign markets;
United States imports of live hogs from Canada averaged one
hundred thousand animals each year between 1970 and 1974, yet
since 1981, such imports have increased yearly from one hundred
and forty-six thousand head to an estimated more than one
million head in 1984;
The adverse economic effect of the recent surge in imports
of Canadian hogs and pork products on United States pork
producers has been estimated to be in excess of $500,000,000 in
1982 and 1983, and approximately $300,000,000 during the first
five months of 1984;
The Canadian Government provides price support for hogs at
a level equal to 90 per centum of the previous five-year
average market price, indexed for changes in cash costs of
production of hogs, which represented a payment of $6.54 per
head to Canadian pork producers last year, and all but one
provincial government of Canada also provide direct production
assistance to support Canadian pork producers; and
It is essential that the administration act immediately to
address the threat to the United States pork production
industry caused by the dramatic increase in imports of hogs and
pork products from Canada.
It is the sense of the Senate that the President should
direct appropriate members of the administration, including the
United States Trade Representative, the Secretary of
Agriculture, and the Secretary of Commerce, to aggressively
pursue discussions with the Canadian Government directed toward
resolving this situation and use all available authorities in
an effort to protect the economic viability of the United
States pork industry and to promote free and fair trade.
SEC. 251. COPYRIGHT PROTECTION OF COMPUTER SOFTWARE.
Since the development of computer software and other
information technologies is increasingly important to economic
growth and productivity in the United States and other nations;
Since the United States is the world leader in the
technological development of computer software and in the
production and sale of computer software;
Since the United States has since 1964 considered computer
software a work of authorship protected by copyright and this
form of intellectual property right protection has served to
encourage continuing research, development, and innovation of
computer software;
Since copyright protection is afforded computer software by
most industrialized nations including Japan, the Netherlands,
France, the Federal Republic of Germany, the United Kingdom,
South Africa, Hungary, Taiwan, and Australia;
Since Japan is reviewing a proposal to abandon copyright
protection of software and to adopt a system that rejects the
principle that software is a work of authorship;
Since Japan is reviewing a proposal that also provides
broadly for the compulsory licensing of software; and
Since the enactment by Japan of such a proposal could
prompt the adoption of similar proposals by other nations
currently considering this question, with serious adverse
effects on the existing international order for the protection
of intellectual property rights: Now, therefore, be it
Declared that it is the sense of the Congress that--
(1) copyright protection is an essential form of
intellectual property right protection for computer
software;
(2) any proposal to abandon copyright protection of
software or to provide a new system of legal protection
that incorporates compulsory licensing of software
would (A) disserve the goal of promoting continuing
development and innovation in computer software; (B)
undermine the international consensus that computer
software is a work of authorship protected by
copyright; (C) result in economic harm to the computer
software industry of the United States, and also of
Japan and of other nations; and (D) contribute to
increasing trade tensions among the nations of the
world; and
(3) if a nation withdraws copyright protection of
software or provides for broad compulsory licensing of
software, it would be in the interests of the United
States and other nations to seek appropriate relief,
including that provided under the Universal Copyright
Convention, to ensure the just protection of
intellectual property rights and the promotion of free
and fair trade.
(16) International Trade and Investment Act
Partial text of Title III of Public Law 98-573 [Trade and Tariff Act of
1984; H.R. 3398], 98 Stat. 2948 at 3000, approved October 30, 1984; as
amended by sec. 101(h) of Division A of Public Law 105-277 [Treasury
and General Government Appropriations Act, 1999; H.R. 4328], 112 Stat.
2681-524, approved October 21, 1998
AN ACT To amend the trade laws, authorize the negotiation of trade
agreements, extend trade preferences, change the tariff treatment with
respect to certain articles, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act with the following table of contents may be cited as the
``Trade and Tariff Act of 1984''.
* * * * * * *
TITLE III--INTERNATIONAL TRADE AND INVESTMENT
SEC. 301.\1\ SHORT TITLE; AMENDMENT OF TRADE ACT OF 1974.
(a) This title may be cited as the ``International Trade
and Investment Act''.
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\1\ 19 U.S.C. 2101 note.
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(b) Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision the Trade Act of 1974.
SEC. 302.\2\ STATEMENT OF PURPOSES.
The purposes of this title are--
---------------------------------------------------------------------------
\2\ 19 U.S.C. 2102 note.
---------------------------------------------------------------------------
(1) To foster the economic growth of, and full
employment in, the United States by expanding
competitive United States exports through the
achievement of commercial opportunities in foreign
markets substantially equivalent to those accorded by
the United States;
(2) to improve the ability of the President--
(A) To identify and to analyze barriers to
(and restrictions on) United States Trade and
investment, and
(B) to achieve the elimination of such
barriers and restrictions;
(3) to encourage the expansion of--
(A) international trade in services through
the negotiation of agreements (both bilateral
and multilateral) which reduce or eliminate
barriers to international trade in services,
and
(B) United States service industries in
foreign commerce; and
(4) to enhance the free flow of foreign direct
investment through the negotiation of agreements (both
bilateral and multilateral) which reduce or eliminate
the trade distortive effects of certain investment-
related measures.
* * * * * * *
SEC. 306.\3\ PROVISIONS RELATING TO INTERNATIONAL TRADE IN SERVICES.
(a)(1) The Secretary of Commerce shall establish a service
industries development program designated to--
---------------------------------------------------------------------------
\3\ 19 U.S.C. 2114b.
---------------------------------------------------------------------------
(A) develop, in consultation with other Federal
agencies as appropriate, policies regarding services
that are designed to increase the competitiveness of
United States service industries in foreign commerce;
(B) develop a data base for assessing the adequacy of
Government policies and actions pertaining to services,
including, but not limited to, data on trade, both
aggregate and pertaining to individual service
industries;
(C) collect and analyze, in consultation with
appropriate agencies, information pertaining to the
international operations and competitiveness of United
States service industries, including information with
respect to--
(i) policies of foreign governments toward
foreign and United States service industries;
(ii) Federal, State, and local regulation of
both foreign and United States suppliers of
services, and the effect of such regulation on
trade;
(iii) the adequacy of current United States
policies to strengthen the competitiveness of
United States service industries in foreign
commerce, including export promotion activities
in the service sector.
(iv) tax treatment of services, with
particular emphasis on the effect of United
States taxation on the international
competitiveness of United States firms and
exports;
(v) treatment of services under international
agreements of the United States;
(vi) antitrust policies as such policies
affect the competitiveness of United States
firms; and
(vii) treatment of services in international
agreements of the United States;
(D) conduct a program of research and analysis of
services-related issues and problems, including
forecasts and industrial strategies; and
(E) conduct sectoral studies of domestic service
industries;
(2) For purposes of the collection and analysis required by
paragraph (1), and for the purpose of any reporting the
Department of Commerce makes under paragraph (3), such
collection and reporting shall distinguish between income from
investment and income from noninvestment services.
(3) On not less than a biennial basis beginning in 1986,
the Secretary shall prepare a report which analyzes the
information collected under paragraph (1). Such report shall be
submitted to the Congress and to the President by not later
than the date that is 120 days after the close of the period
covered by the report.
(4) The Secretary of Commerce shall carry out the
provisions of this subsection from funds otherwise make
available to him which may be used for such purposes.
(5) For purposes of this section, the term ``services''
economic activities whose outputs are other than tangible
goods. Such term includes, but not is limited to, banking,
insurance, transportation, postal and delivery services,\4\
communications and data processing, retail and wholesale trade,
advertising, accounting, construction, design, engineering,
management consulting, real estate, professional services,
entertainment, education health care, and tourism.
---------------------------------------------------------------------------
\4\ Sec. 633(c) of the Treasury and General Government
Appropriations Act, 1999 (sec. 101(h) of Division A of Public Law 105-
277; 112 Stat. 2681-524), inserted ``postal and delivery services''.
---------------------------------------------------------------------------
(b) \5\ * * *
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\5\ Subsec. (b) redesignated the International Investment Survey
Act of 1976 as the International Investment and Trade in Services
Survey Act and made a number of amendments to such Act.
---------------------------------------------------------------------------
(c) \6\ (1)(A) The United States Trade Representative,
through the interagency trade organization established pursuant
to section 242(a) of the Trade Expansion Act of 1962 or any
subcommittee thereof, shall, in conformance with this Act and
other provisions of law, develop (and coordinate the
implementation of) United States policies concerning trade in
services.
---------------------------------------------------------------------------
\6\ 19 U.S.C. 2114c.
---------------------------------------------------------------------------
(B) In order to encourage effective development,
coordination, and implementation of United States policies on
trade in services--
(i) each department or agency of the United States
responsible for the regulation of any service sector
industry shall, as appropriate, advise and work with
the United States Trade Representative concerning
matters that have come to the department's or agency's
attention with respect to--
(I) the treatment afforded United States
service sector interest in foreign markets; or
(II) allegations of unfair practices by
foreign governments or companies in a service
sector; and
(ii) the Department of Commerce, together with other
appropriate agencies as requested by the United States
Trade Representatives, shall provide staff support and
other assistance for negotiations on service-related
issues by the United States Trade Representatives and
the domestic implementation of service-related
agreements.
(C) Nothing in this paragraph shall be construed to alter
any existing authority or responsibility with respect to any
specific service sector.
(2)(A) The President shall, as he deems appropriate--
(i) consult with State governments on issues of trade
policy, including negotiating objectives an
implementation of trade agreements, affecting the
regulatory authority of non-Federal governments, or
their procurement of goods and services;
(ii) establish one or more intergovernmental policy
advisory committees on trade which shall serve as a
principal forum in which State and local governments
may consult with the Federal Government with respect to
the matters described in clause (i); and
(iii) provide to State and local governments and to
United States service industries, upon their request,
advice, assistance, and (except as may be otherwise
prohibited by law) data, analyses, and information
concerning United States policies on international
trade in services.
(B) \7\ * * *
---------------------------------------------------------------------------
\7\ Subparas. (B) and (C) amended the Trade Act of 1974.
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(C) \7\ * * *
SEC. 307.\8\ NEGOTIATING AUTHORITY WITH RESPECT TO FOREIGN DIRECT
INVESTMENT.
---------------------------------------------------------------------------
\8\ 19 U.S.C. 2114d.
---------------------------------------------------------------------------
(a) \9\ * * *
---------------------------------------------------------------------------
\9\ Subsec. (a) amended the Trade Act of 1974.
---------------------------------------------------------------------------
(b)(1) If the United States Trade Representative, with the
advice of the committee established by section 242 of the Trade
Expansion of 1962 (19 U.S.C. 1872), determines that action by
the United States is appropriate to respond to any export
performance requirements of any foreign country or
instrumentality that adversely affect the economic interests of
the United States, then the United States Trade Representative
shall seek to obtain the reduction and elimination of such
export performance requirements through consultations and
negotiations with the foreign country or instrumentality
concerned.
(2) In addition to the action referred to in subsection
(1), the United States Trade Representative may impose duties
or other import restrictions on the products or services of
such foreign country or instrumentality for such time as he
determines appropriate, including the exclusion from entry into
the United States of products subject to such requirements.
(3) Nothing in paragraph (2) \10\ shall apply to any
products or services with respect to which--
---------------------------------------------------------------------------
\10\ Sec. 1889 of Public Law 99-514 (100 Stat. 2926) struck out
``or paragraph (3)'' at this point.
---------------------------------------------------------------------------
(A) any foreign direct investment (including a
purchase of land or facilities) has been made directly
or indirectly by any United States person before the
date of enactment of this Act, or
(B) any written commitment relating to a foreign
direct investment that is binding on the date of
enactment of this Act has been made directly or
indirectly by any United States person.
(4) Whenever the international obligations of the United
States and actions taken under paragraph (2) make compensation
necessary or appropriate, compensation may be provided by the
United States Trade Representative subject to the limitations
and conditions contained in section 123 of the Trade Act of
1974 (19 U.S.C. 2133) for providing compensation for actions
taken under section 203 of that Act.
SEC. 308.\11\ NEGOTIATION OF AGREEMENTS CONCERNING HIGH TECHNOLOGY
INDUSTRIES.
(a) The President may enter into such bilateral or
multilateral agreements as may be necessary or appropriate to
achieve the objectives of this section and the negotiating
objectives under section 104A(c) of the Trade Act of 1974.
---------------------------------------------------------------------------
\11\ 19 U.S.C. 2114e.
---------------------------------------------------------------------------
(b) \12\ * * *
---------------------------------------------------------------------------
\12\ Subsec. (b) added a new sec. 128, titled ``Modification and
Continuance of Treatment with Respect to Duties on High Technology
Products'' to the Trade Act of 1974.
(17) Trade Law Reform
Partial text of Title VI of Public Law 98-573 [Trade and Tariff Act of
1984; H.R. 3398], 98 Stat. 2948 at 3024, approved October 30, 1984
AN ACT To amend trade laws, authorize the negotiation of trade
agreements, extend trade preferences, change the tariff treatment with
respect to certain articles, and for other purposes.
* * * * * * *
TITLE VI--TRADE LAW REFORM
Note.--Except for the sections set out below, Title
VI consists of amendments to the Trade Agreements Act
of 1979, the Tariff Act of 1930, and to title 28,
United States Code. The amendments to the Trade
Agreements Act of 1979, and the Tariff Act of 1930 have
been incorporated into those Acts.
* * * * * * *
SEC. 624. ADJUSTMENTS STUDY.
The Secretary of Commerce shall undertake a study of the
current practices that are applied in the making of adjustments
to purchase prices and exporter's sales prices under section
772 (d) and (e) (19 U.S.C. 1677a (d) and (e)) and foreign
market value and constructed value under section 773 (19 U.S.C.
1677b) in determining antidumping duties. The study shall
include, but not be limited to--
(1) a review of the types of adjustments currently
being made;
(2) a review of private sector comments and
recommendations regarding the subject that were made at
congressional hearings during the first session of the
ninety-eighth Congress; and
(3) the manner and extent to which such adjustments
led to inequitable results.
Within one year after the date of the enactment of this Act,
the Secretary of Commerce shall complete the study required
under this section and shall submit to Congress a written
report regarding the study and containing such recommendations
as the Secretary deems appropriate regarding the need, and the
means, for simplifying and modifying current practices in the
making of such adjustments.
SEC. 625. INDUSTRIAL TARGETING STUDIES.
The Secretary of Commerce, the Secretary of Labor, the
United States Trade Representative, and the Comptroller General
of the United States shall each undertake, and submit to the
Congress not later than June 1, 1985, a comprehensive study of
the problem of foreign industrial targeting, whereby foreign
governments adopt plans or schemes of coordinated activities to
foster and benefit specific industries, and of the desirability
or need to amend the United States trade laws in order to
provide effective remedies for domestic industries against the
adverse effects of such targeting. To the extent consistent
with agency jurisdiction, such studies shall include, but are
not limited to--
(1) an analysis of--
(A) whether foreign industrial targeting
should be considered as an unfair trade
practice under United States law;
(B) whether current law, including the
remedies under title VII of the Tariff Act of
1930, adequately address the subsidy element of
foreign industrial policy measures; and
(C) the extent to which foreign industrial
targeting practices are significantly affecting
United States commerce; and
(2) any recommended legislation considered necessary
based on the study results.
SEC. 626. EFFECTIVE DATES.
(a) Except as provided in subsections (b) and (c), this
Act, and the amendments made by it, shall take effect on the
date of the enactment of this Act.
(b)(1) The amendments made by sections 602, 609, 611, 612,
and 620 shall apply with respect to investigations initiated by
petition or by the administering authority under subtitles A
and B of title VII of the Tariff Act of 1930 on or after such
effective date.
(2) The amendments made by section 623 shall apply with
respect to civil actions pending on, or filed on or after, the
date of the enactment of this Act.
(c)(1) No provision of title VII of the Tariff Act of 1930
shall be interpreted to prevent the refiling of a petition
under section 702 or 732 of that title that was filed before
the date of the enactment of this title, if the purpose of such
refiling is to avail the petitioner of the amendment made by
section 612(a)(1).
(2) The amendment made by section 612(a)(1) shall not apply
with respect to petitions filed (or refiled under paragraph
(1)) under section 702 or 732 of the Tariff Act of 1930 after
September 30, 1986.
(18) Steel Import Stabilization Act
Title VIII of Public Law 98-573 [Trade and Tariff Act of 1984; H.R.
3398], 98 Stat. 2948 at 3043, approved October 30, 1984; as amended by
Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; H.R.
4848], 102 Stat. 1107, approved August 23, 1988; and Public Law 101-221
[Steel Trade Liberalization Program Implementation Act; H.R. 3275], 103
Stat. 1886, approved December 12, 1989
AN ACT To amend trade laws, authorize the negotiation of trade
agreements, extend trade preferences, change the tariff treatment with
respect to certain articles, and for other purposes.
* * * * * * *
TITLE VIII--ENFORCEMENT AUTHORITY FOR THE NATIONAL POLICY FOR THE STEEL
INDUSTRY
SEC. 801.\1\ SHORT TITLE.
This title may be cited as the ``Steel Import Stabilization
Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2253 note.
---------------------------------------------------------------------------
SEC. 802.\1\,\2\ FINDINGS AND PURPOSES.
(a) The Congress finds that--
---------------------------------------------------------------------------
\2\ Sec. 2(a) of Public Law 101-221 (103 Stat. 1886) amended and
restated sec. 802.
---------------------------------------------------------------------------
(1) since 1984, the United States steel industry has
made significant progress toward adjustment, through
modernization of production facilities, elimination of
excess capacity, reduction of production costs, and
improvement of productivity;
(2) an extension of import relief, through
transitional bilateral arrangements, for a period of
two and one-half years will facilitate the steel
industry's continued modernization and worker
retraining;
(3) liberalization of market access during the period
of transitional bilateral arrangements, with
preferential treatment for countries who support fair
and open trade, will held ensure an orderly return to
an open market;
(4) the negotiation of an international consensus
through the Uruguay Round of trade negotiations and
through bilateral agreements to address subsidies and
tariff and nontariff barriers will strengthen the
international trading system and conditions of global
steel trade; and
(5) the termination of transitional bilateral
arrangements by March 31, 1992, and the full and
forceful application of the United States unfair trade
laws, will protect the United States national interest
in preserving conditions of fair and open trade in the
United States market.
(b) The purposes of this title are--
(1) to endorse the principles and goals of the steel
trade liberalization program as announced by the
President on July 25, 1989,\3\ and provided for its
implementation;
---------------------------------------------------------------------------
\3\ On July 25, 1989, the President issued a memorandum for the
United States Trade Representative (reprinted in Weekly Compilation of
Presidential Documents, July 31, 1989, vol. 25, number 30, p. 1155),
which stated:
``I have decided to establish a two and one-half year Steel Trade
Liberalization Program and hereby direct the United States Trade
Representative (USTR) to begin immediately its implementation. The
program is designed to phase out in a responsible and orderly manner
the voluntary restraint arrangements (VRAs) that currently limit steel
imports into the U.S. market, and to negotiate an international
consensus to remove unfair trade practices.
``1. Transitional Voluntary Restraint Arrangements. The USTR shall
negotiate extensions of VRAs for a transitional period of two and one-
half years. During this period, the overall ceiling on imports from VRA
countries will be increased at an annual rate of one percentage point.
This increase will be allocated to countries that undertake and abide
by acceptable multilateral or bilateral disciplines with respect to
unfair trade practices and market access. The allocation of this one-
percentage-point annual increase may be delayed, if necessary, as
leverage to achieve acceptable disciplines.
``2. International Consensus. The United States Trade
Representative shall seek to negotiate an international consensus to
provide for both fair and open trade in steel. This consensus, which
should be pursued through the Uruguay Round of Multilateral Trade
Negotiations and complementary bilateral agreements, will provide
effective disciplines over trade-distorting subsidies, as well as
reductions in tariff and non-tariff barriers to international steel
trade.
``3. Expiration Date. The voluntary restraint arrangements will be
terminated no later than March 31, 1992. Thereafter, U.S. steel
producers will rely on domestic trade laws to remedy foreign trade-
distorting practices.
``4. Legislation. The Administration will support the extension of
existing legislation to make such transitional voluntary restraint
arrangements enforceable at our borders, as well as to encourage
continued industry modernization and worker retraining.
``5. Impact on Steel Users. The USTR shall implement the program in
a way that recognizes the legitimate concerns of U.S. steel consumers.
In particular, the existing short supply mechanism will be liberalized
and streamlined.
``6. Enforcement. The Department of Commerce shall continue to
enforce rigorously our unfair trade laws to prevent injurious dumping
and subsidization.
``7. Monitoring. The United State International Trade Commission
will be asked to continue to monitor the efforts of the steel industry
to adjust and modernize, and to prepare an annual report for the
President on those efforts.
``The Steel Trade Liberalization Program described above is
designed to establish the conditions for fair and open steel trade
throughout the world, so that steel can be produced and traded on the
basis of market forces, rather than governmental aid and intervention.
``The USTR shall coordinate and implement this program in
consultation with the appropriate Economic Policy Council agencies.''.
---------------------------------------------------------------------------
(2) to grant specific enforcement powers to the
President to carry out the terms and conditions of
bilateral arrangements entered into for purposes of
implementing that program; and
(3) to make the continuation of those powers subject
to the condition that the steel industry continue to
modernize its plant and equipment and provide for
appropriate worker retraining.
SEC. 803.\1\,\4\ SENSE OF CONGRESS REGARDING THE STEEL TRADE
LIBERALIZATION PROGRAM.
(a) The Congress support the full and effective
implementation of the steel trade liberalization program.
---------------------------------------------------------------------------
\4\ Sec. 2(b) of Public Law 101-221 (103 Stat. 1887) amended and
restated sec. 803.
---------------------------------------------------------------------------
(b) It is the sense of the Congress that the steel trade
liberalization program should be implemented in a manner which
provides for liberalized market access for steel products
during the period in which bilateral arrangements remain
authorized in order to prepare for the eventual termination of
such arrangements in 1992 and reliance thereafter on market
forces and the full enforcement of United States trade laws. In
particular, liberalized market access should be provided to
those foreign countries that work with the United States to
achieve the goals referred to in subsection (c).
(c) It is further the sense of the Congress that the United
States Trade Representative should promptly conduct
negotiations, through the Uruguay Round of negotiations under
the General Agreement on Tariffs and Trade and through
complementary bilateral arrangements, to seek an international
consensus regarding steel trade that provides for--
(1) strong disciplines over trade-distorting
government subsidies;
(2) the lowering of trade barriers so as to ensure
market access; and
(3) enforcement measures to deal with violations of
consensus obligations.
(d) The President shall provide to the Congress an annual
assessment of the progress of the negotiations referred to in
subsection (c). The President may include the assessment in the
annual report required under section 163(a) of the Trade Act of
1974 (19 U.S.C. 2139a)) regarding the trade agreements program.
SEC. 804.\1\ DEFINITIONS.
As used in this title--
(1) The term ``bilateral arrangement'' means any
arrangement, agreement, or understanding (including,
but not limited to, any surge control understanding or
suspension agreement) entered into or undertaken, or
previously entered into or undertaken, by the United
States and any foreign country or customs union
containing such quantitative limitations, restrictions,
or other terms relating to the importation into, or
exportation to, the United States of categories of
steel products as may be necessary to implement the
national policy for the steel industry or the steel
trade liberalization program.\5\
---------------------------------------------------------------------------
\5\ Sec. 5(1) of Public Law 101-221 (103 Stat. 1889) inserted ``or
the steel trade liberalization program''.
---------------------------------------------------------------------------
(2) The term ``national policy for the steel
industry'' means those actions and elements described
in Executive Communication 4046, dated September 18,
1984 (printed as House Document 98-263).
(3) The term ``steel industry'' means producers in
the United States of steel products.
(4) The term ``steel trade liberalization program''
means the program, announced by the President on July
25, 1989,\3\ designed to achieve an orderly transition
to open markets, the continued modernization and
adjustment of the steel industry, and the negotiation
of an international consensus to restore fair and open
steel trade.
SEC. 805.\1\ ENFORCEMENT AUTHORITY.
(a) Subject to section 806, the President is authorized to
carry out such actions as may be necessary or appropriate to
enforce the quantitative limitations, restrictions, and other
terms agreed to between the United States and steel-exporting
nations as contained in bilateral arrangements. Such actions
may include, but are not limited to, requirements that valid
export licenses or other documentation issued by a foreign
government be presented as a condition for the entry into the
United States of steel products. The President is further
authorized to carry out, between October 1, 1989, and the date
of the concluding of any bilateral agreement, such actions as
may be necessary or appropriate to ensure an orderly transition
to that arrangement.\6\
---------------------------------------------------------------------------
\6\ Sec. 4(a) of Public Law 101-221 (103 Stat. 1888) added this
sentence.
---------------------------------------------------------------------------
(b) \7\ (1) If--
---------------------------------------------------------------------------
\7\ Sec. 4(b) of Public Law 101-221 (103 Stat. 1888) amended and
restated subsec. (b).
---------------------------------------------------------------------------
(A) a bilateral arrangement includes a provision
relating to short supply situations; and
(B) the Secretary of Commerce (hereinafter in this
subsection referred to as the ``Secretary'')
determines, in accordance with this subsection, that a
short supply situation exists in the United States with
respect to a steel product that is subject to a
quantitative limitation under such arrangement;
the Secretary shall authorize the importation of additional
quantities of that product without regard to any aggregate
quantitative import limitation in effect under such
arrangement.
(2) In determining under this subsection whether a short
supply situation exists in the United States with respect to a
steel product, the Secretary shall take into account all
relevant factors, including--
(A) (to the extent information is available) the
recent levels of capacity utilization for domestic
facilities producing the product;
(B) the quantity of the steel product requested in a
short supply petition and the ability of domestic
producers to supply the product in such quantity;
(C) the willingness of a domestic producer to supply
the steel product at a price which is not an aberration
from prevailing domestic market prices;
(D) reasonable specification requested by the
purchased or any end user; and
(E) delivery times to the purchaser and any end user
of the steel product.
(3)(A) A petition requesting a determination under this
subsection may be filed with the Secretary. The petition must
be in such form and contain such relevant information as the
Secretary requires.
(B) If the Secretary considers that a petition filed under
subparagraph (A) is adequate,the Secretary shall promptly cause
to be published in the Federal Register a notice that a
determination under this subsection with respect to the steel
product concerned is under consideration.
(C) The Secretary shall provide opportunity for comment by
interested persons regarding the issues raised in a petition.
(D)(i) The petitioner shall certify that the factual
information contained in the petition and any additional
submission is accurate and complete to the best of the
petitioner's knowledge.
(ii) An interested person shall certify that the factual
information submitted by that person to the Secretary is
accurate and complete to the best of the person's knowledge.
(4)(A) If an adequate petition is filed under paragraph
(3)(A), the Secretary shall determine, not later than the day
specified in subparagraph (B)--
(i) whether a short supply situation exists in the
United States with respect to the steel product; and
(ii) if the determination under clause (i) is
affirmative, the quantity of the steel product that the
secretary will authorize for importation.
(B) The Secretary must make a determination with respect to
a petition not later than--
(i) the 15th day after the day on which the petition
is filed if--
(I) the raw steel making capacity utilization
in the United states equals or exceeds 90
percent,
(II) the importation of additional quantities
of the steel product was authorized by the
Secretary during each of the 2 immediately
preceding years, or
(III) the Secretary finds, on the basis of
available information (and whether or not in
the context of a determination under this
subsection), that the steel product is not
produced in the United States; or
(ii) the 30th day after the day on which the petition
was filed if neither subclause (I), (II), or (III) of
clause (i) applies.
(C) In making a determination with respect to which
subparagraph (B)(i) applies, the Secretary shall apply a
rebuttable presumption that the short supply situation alleged
in the petition exists.
(D) The Secretary shall cause to be published in the
Federal Register notice of each determination made under this
subsection setting forth the reasons for the determination.
(5) If under this subsection the Secretary authorized the
importation of a specified quantity of a steel product, the
Secretary shall notify a representative of the appropriate
foreign government and issue to the petitioner the necessary
documentation to permit the importation of that quantity.
(6) The Secretary shall prescribe regulations to carry out
this subsection. The interim text of such regulations shall be
issued on or before the 30th day after the date of enactment of
the Steel Trade Liberalization Program Implementation Act. The
regulations shall provide for transparency and fairness in the
process of making short supply determinations, and shall be
consistent with the President's announcement on July 25,
1989,\3\ establishing the steel trade liberalization program.
(c) For purposes of carrying out this title, the Secretary
of the Treasury, in consultation with the Secretary of
Commerce, shall provide \8\ by regulation for the terms and
conditions under which steel products may be denied entry into
the United States.
---------------------------------------------------------------------------
\8\ Sec. 5(c)(1) of Public Law 101-221 (103 Stat. 1889) struck out
``may provide'' and inserted in lieu thereof ``, the Secretary of the
Treasury, in consultation with the Secretary of Commerce, shall
provide''.
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(d) \9\ (1) Any steel product that is manufactured in a
country that is not party to a bilateral arrangement from steel
which was melted and poured in a country that is party to a
bilateral arrangement (hereafter in this subsection referred to
as an ``arrangement country'') may be treated for purposes of
the quantitative restrictions and related terms under that
arrangement as if it were a product of the arrangement country.
---------------------------------------------------------------------------
\9\ Sec. 1322 of Public Law 100-418 (102 Stat. 1195) added subsec.
(d).
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(2) The President may implement such procedures as may be
necessary or appropriate to carry out the purpose of paragraph
(1).
(3) The United States Trade Representative may, in a manner
consistent with the purpose of any so-called `third country
equity provision' of an arrangement entered into under the
steel trade liberalization program,\10\ take such actions as he
deems necessary with respect to steel imports of any other
country or countries so as to ensure the effectiveness of any
portion of such arrangement.
---------------------------------------------------------------------------
\10\ Sec. 5(c)(2) of Public Law 101-221 (103 Stat. 1889) struck out
``President's Steel Policy'' and inserted in lieu thereof ``steel trade
liberalization program''. See also note 3.
---------------------------------------------------------------------------
SEC. 806.\1\ EFFECTIVE PERIOD OF TITLE.
(a) In General.--Section 805 shall terminate--
(1) at the close of March 31, 1992; \11\ or
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\11\ Sec. 3(a)(1) of Public Law 101-221 (103 Stat. 1887) struck out
``the fifth anniversary of the effective date of this title'' and
inserted in lieu thereof ``March 31, 1992''.
---------------------------------------------------------------------------
(2) \12\ at the close of the first, second, third,
fourth, fifth, sixth, or seventh \13\ anniversary of
the effective date of this title, unless the President,
before each such anniversary, submits to the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate (in writing and
together with the reasons therefor) an affirmative
annual determination described in subsection (b).
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\12\ Sec. 3(b) of Public Law 101-221 (103 Stat. 1887; 19 U.S.C.
2253) provided the following:
``(b) Special Provision.--If the Steel Trade Liberalization Program
Implementation Act is not enacted on or before October 1, 1989, then
section 806(a)(2) of the Steel Import Stabilization Act (as amended by
subsection (a)) shall be applied by treating the reference therein to
the close of the fifth anniversary of the effective date of the Steel
Import stabilization Act as a reference to the close of the 30th day
after the date of the enactment of the Steel Trade Liberalization
Program Implementation Act.''. [Public Law 101-221; enacted December
12, 1989.]
\13\ Sec. 3(a)(2) of Public Law 101-221 (103 Stat. 1887) struck out
``or fourth'' and inserted in lieu thereof ``fourth, fifth, sixth, or
seventh''.
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(b)(1) An affirmative annual determination is a
determination by the President that--
(A) the major companies of the steel industry, taken
as a whole, have, during the 12-month period ending at
the close of an anniversary referred to in subsection
(a)(2)--
(i) committed substantially all of their net
cash flow from steel product operations for
purposes of reinvestment in, and modernization
of, that industry through investment in modern
plant and equipment, research and development,
and other appropriate projects, such as working
capital for steel operations and programs for
the retraining of workers; and
(ii) taken sufficient action to maintain
their international competitiveness, including
action to produce price-competitive and
quality-competitive products, to control costs
of production, including employment costs, and
to improve productivity; and
(B) each of the major companies committed for the
applicable 12-month period not less than 1 percent of
net cash flow to the retraining of workers; except that
this requirement may be waived by the President with
respect to a major company in noncompliance, if he
finds unusual economic circumstances exist with respect
to that company; and
(C) the enforcement authority provided under section
905 remains necessary to maintain the effectiveness of
bilateral arrangements undertaken to eliminate unfair
trade practices in the steel sector.
(2) For purposes of this subsection--
(A) \14\ The term ``major company'' means an
enterprise that produces iron and steel and whose raw
steel production in the United States during 1988
exceeded 2,000,000 net tons.
---------------------------------------------------------------------------
\14\ Sec. 6(a)(1) of Public Law 101-221 (103 Stat. 1890) amended
and restated clause (A). Sec. 6(b) of Public Law 101-221 also provided
the following:
``(b) Special Rule.--The amendment made by subsection (a)(1) shall
not affect the definition of `qualified corporation' contained in
section 212(g)(1)(A) of the Tax Reform Act of 1986.''.
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(B) The term ``net cash flow'' means annual net
(after-tax) income plus depreciation, depletion
allowances, amortization, and changes in reserves minus
dividends and payments on short-term and long-term
debts and liabilities.
(3) For purposes of carrying out this subsection, the
President shall take into account such information as may be
available from the United States International Trade Commission
and other appropriate sources relating to the modernization
efforts of the steel industry.
SEC. 807.\1\ DEPARTMENT OF LABOR WORKER ASSISTANCE PLAN.
Within 6 months after the effective date of this title, the
Secretary of Labor shall prepare (in consultation with the
Steel Advisory Committee established on November 3, 1983, by
the Secretary of Commerce and the Secretary of Labor (48 F.R.
51165)) and submit to the Congress a proposed plan of action
for assisting workers in communities that are adversely
affected by imports of steel products; which assistance shall
include retraining and relocation for former workers in the
steel industry who will likely be unable to return to
employment in that industry. The plan required under this
section shall be based upon existing authorities for providing
such assistance, but shall be accompanied by such
recommendations for additional statutory authority as the
Secretary of Labor considers necessary to carry out the
purposes of the plan.
SEC. 808.\1\ EFFECTIVE DATE.
This title shall take effect on October 1, 1984.
(19) Wine Equity and Export Expansion Act of 1984
Title IX of Public Law 98-573 [Trade and Tariff Act of 1984; H.R.
3398], 98 Stat. 2948 at 3047, approved October 30, 1984
AN ACT To amend trade laws, authorize the negotiation of trade
agreements, extend trade preferences, change the tariff treatment with
respect to certain articles, and for other purposes.
* * * * * * *
TITLE IX--WINE TRADE
SEC. 901. SHORT TITLE.
This title may be cited as the ``Wine Equity and Export
Expansion Act of 1984''.
SEC. 902.\1\ CONGRESSIONAL FINDINGS AND PURPOSES.
(a) Congress finds that--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2801.
---------------------------------------------------------------------------
(1) there is a substantial imbalance in international
wine trade resulting, in part, from the relative
accessibility enjoyed by foreign wines to the United
States market while the United States wine industry
faces restrictive tariff and nontariff barriers in
virtually every existing or potential foreign market;
(2) the restricted access to foreign markets and the
continued low prices for United States wine and grape
products adversely affect the economic position of our
Nation's winemakers and grape growers, as well as all
other domestic sectors that depend upon wine
production;
(3) the competitive position of United States wine in
international trade has been weakened by foreign trade
practices, high domestic interest rates, and
unfavorable foreign exchange rates;
(4) wine consumption per capita is very low in many
major non-wine producing markets and the demand
potential for United States wine is significant; and
(5) The United States winemaking industry has the
capacity and the ability to export substantial volumes
of wine and an increase in United States wine export
will create new jobs, improve this Nation's balance of
trade, and otherwise strengthen the national economy.
(b) The purposes of this title are--
(1) to provide wine consumers with the greatest
possible choice of wines from wine-producing countries;
(2) to encourage the initiation of an export
promotion program to develop, maintain, and expand
foreign markets for United States wine; and
(3) to achieve greater access to foreign markets for
United States wine and grape products through the
reduction or elimination of tariff barriers and
nontariff barriers to (or other distortions of) trade
in wine.
SEC. 903.\2\ DEFINITIONS.
For purposes of this title--
---------------------------------------------------------------------------
\2\ 19 U.S.C. 2802.
---------------------------------------------------------------------------
(1) The term ``Committees'' means the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(2) The term ``grape product'' means grapes and any
product (other than wine) made from grapes, including,
but not limited to, raisins and grape juice, whether or
not concentrated.
(3) The term ``major wine trading country'' means any
foreign country, or group of foreign countries,
designated as such under section 904.
(4) The phrase ``nontariff barrier to (or other
distortion of)'', in the context of trade in United
States wine, includes any measure implemented by the
government of a major wine trading country that either
gives a competitive advantage to the wine industry of
that country or restricts the importation of United
States wine into that country.
(5) The term ``Trade Representative'' means the
United States Trade Representative.
(6) The term ``United States wine'' means wine
produced within the customs territory of the United
States.
(7) The term ``wine'' means any fermented alcoholic
beverage that--
(A) is made from grapes or other fruit;
(B) contains not less than 0.5 percent
alcohol by volume and not more than 24 percent
alcohol by volume, including all dilutions and
mixtures thereof by whatever process produced;
and
(C) is for nonindustrial use.
SEC. 904.\3\ DESIGNATION OF MAJOR WINE TRADING COUNTRIES.
(a) The Trade Representative shall designate as a major
wine trading country each foreign country, or group of foreign
countries represented as an economic union, that, in the
judgment of the Trade Representative--
---------------------------------------------------------------------------
\3\ 19 U.S.C. 2803.
---------------------------------------------------------------------------
(1) is a potential significant market for United
States wine; and
(2) maintains tariff or nontariff barriers to (or
other distortions of) trade in United States wine.
(b) In deciding, for purposes of subsection (a)(2), whether
a foreign country or group of countries maintains nontariff
barriers to (or other distortions of) trade in United States
wine, the Trade Representative shall take into account--
(1) the review and report required under section
854(a) of the Trade Agreements Act of 1979 (19 U.S.C.
2135 note);
(2) such relevant actions that may have been taken by
that country or group since that review was conducted;
and
(3) such information as may be submitted under
section 906 by representatives of the wine and grape
products industries in the United States, as well as
other sources.
SEC. 905.\4\ ACTIONS TO REDUCE OR ELIMINATE TARIFF AND NONTARIFF
BARRIERS AFFECTING UNITED STATES WINE.
(a) The President shall direct the Trade Representative to
enter into consultations with each major wine trading country
to seek a reduction or elimination of that country's tariff
barriers and nontariff barriers to (or other distortions of)
trade in United States wine.
---------------------------------------------------------------------------
\4\ 19 U.S.C. 2804.
---------------------------------------------------------------------------
(b)(1) the President shall notify each of the Committees
regarding the extent and effect of the efforts undertaken since
the submission of the report required under section 854(a) of
the Trade Agreements Act of 1979, and during the 12-month
period beginning on the date of the enactment of this Act, to
expand opportunities in each major wine trading country for
exports of United States wine. Such notification, which shall
be in the form of a separate written report (that must be
submitted within 30 days after the close of that 12-month
period) for each major wine trading country, shall include--
(A) a description of each act, policy, and practice
(and of its legal basis and operation) in that country
that constitutes a tariff barrier or nontariff barrier
to (or other distortion of) trade in United States wine
(and that description shall be based upon an updating
of the report that was submitted to the Congress under
section 854(a) of the Trade Agreements Act of 1979);
(B) an assessment of the extent to which each such
act, policy, or practice is subject to international
agreements to which the United States is a party;
(C) information with respect to any action taken, or
proposed to be taken, under existing authority to
eliminate or reduce each such act, policy, or practice,
including, but not limited to--
(i) any action under the Trade Act of 1974,
and
(ii) any negotiation or consultation with any
foreign government;
(D) if action referred to in subparagraph (C) was not
taken, an explanation of the reasons therefore; and
(E) recommendations to the Congress of any additional
legislative authority or other action which the
President believes is necessary and appropriate to
obtain in elimination or reduction of foreign tariff
barriers or nontariff barriers to (or other distortions
of) trade in United States wine.
(2) The reports required under paragraph (1) shall be
developed and coordinated by the Trade Representative through
the inter-agency trade organization established by section
242(a) of the Trade Expansion Act of 1962.
(c) If the President, after taking into account information
and advice received under subsections (a) and (b), section 906
or from other sources, determines that action is appropriate to
respond to any act, policy or practice of a major wine trading
country constitutes a tariff barrier or nontariff barrier to
(or other distortion of) trade in United States wine and--
(1) is inconsistent with the provisions of, or
otherwise denies benefits to the United States under,
any trade agreement; or
(2) is unjustifiable, unreasonable, or discriminatory
and burdens or restricts United States commerce;
the President, shall take all appropriate and feasible action
under the Trade Act of 1974 to enforce the rights of the United
States under any such trade agreement or to obtain the
elimination of such act, policy, or practice.
SEC. 906.\5\ REQUIRED CONSULTATIONS.
The Trade Representative shall consult with the Committees
and with representatives of the wine and grape products
industries in the United States--
---------------------------------------------------------------------------
\5\ 19 U.S.C. 2805.
---------------------------------------------------------------------------
(1) before identifying tariff barriers and nontariff
barriers to (or other distortions of) trade in United
States wine and designating major wine trading
countries under section 904;
(2) in developing the reports required under section
905(b); and
(3) for purposes of determining whether action by the
President is appropriate under any provision of the
Trade Act of 1974 with respect to any act, policy, or
practice referred to in section 905(b)(1).
SEC. 907.\6\ UNITED STATES WINE EXPORT PROMOTION.
In order to develop, maintain, and expand foreign markets
for United States wine, the President is encouraged to--
---------------------------------------------------------------------------
\6\ 19 U.S.C. 2806.
---------------------------------------------------------------------------
(1) utilize, for the fiscal year ending September 30,
1985, the authority provided under section 135 of the
Omnibus Budget Reconciliation Act of 1982 to make
available sufficient funds to initiate, in cooperation
with nongovernmental trade associations representative
of United States wineries, an export promotion program
for United States; and
(2) request, for each subsequent fiscal year, an
appropriation for such a wine export promotion program
that will not be at the expense of any appropriations
requested for export promotion programs involving other
agriculture commodities.
(20) Export Trading Company Act of 1982
Public Law 97-290 [S. 734], 96 Stat. 1233, approved October 8, 1982; as
amended by Public Law 98-181 [Export-Import Bank Act Amendments of
1983; H.R. 3959], 97 Stat. 1153 at 1257, approved November 30, 1983
AN ACT To encourage exports by facilitating the formation and operation
of export trading companies, export trade associations, and the
expansion of export trade services generally.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--GENERAL PROVISIONS
short title
Section 101. This title may be cited as the ``Export
Trading Company Act of 1982''.
findings; declaration of purpose
Sec. 102.\1\ (a) The Congress finds that--
---------------------------------------------------------------------------
\1\ 15 U.S.C. 4001.
---------------------------------------------------------------------------
(1) United States exports are responsible for
creating and maintaining one out of every nine
manufacturing jobs in the United States and for
generating one out of every seven dollars of total
United States goods produced;
(2) the rapidly growing service-related industries
are vital to the well-being of the United States
economy inasmuch as they create jobs for seven out of
every ten Americans, provide 65 per centum of the
Nation's gross national product, and offer the greatest
potential for significantly increased industrial trade
involving finished products;
(3) trade deficits contribute to the decline of the
dollar on international currency markets and have an
inflationary impact on the United States economy;
(4) tens of thousands of small- and medium-sized
United States businesses produce exportable goods or
services but do not engage in exporting;
(5) although the United States is the world's leading
agricultural exporting nation, many farm products are
not marketed as widely and effectively abroad as they
could be through export trading companies;
(6) export trades services in the United States are
fragmented into a multitude of separate functions, and
companies attempting to offer export trade services
lack financial leverage to reach a significant number
of potential United States exporters;
(7) the United States needs well-developed export
trade intermediaries which can achieve economies of
scale and acquire expertise enabling them to export
goods and services profitably, at low per unit cost to
producers;
(8) the development of export trading companies in
the United States has been hampered by business
attitudes and by Government regulations;
(9) those activities of State and local governmental
authorities which initiate, facilitate, or expand
exports of goods and services can be an important
source for expansion of total United States exports, as
well as for experimentation in the development of
innovative export programs keyed to local, State, and
regional economic needs;
(10) if United States trading companies are to be
successful in promoting United States exports and in
competing with foreign trading companies, they should
be able to draw on the resources, expertise, and
knowledge of the United States banking system, both in
the United States and abroad; and
(11) the Department of Commerce is responsible for
the development and promotion of United States exports,
and especially for facilitating the export of finished
products by United States manufacturers.
(b) It is the purpose of this Act to increase United States
exports of products and services by encouraging more efficient
provision of export trade services to United States producers
and suppliers, in particular by establishing an office within
the Department of Commerce to promote the formation of export
trade associations and export trading companies, by permitting
bank holding companies, bankers' banks, and Edge Act
corporations and agreement corporations that are subsidiaries
of bank holding companies to invest in export trading
companies, by reducing restrictions on trade financing provided
by financial institutions, and by modifying the application of
the antitrust laws to certain export trade.
definitions
Sec. 103.\2\ (a) For purposes of this title--
---------------------------------------------------------------------------
\2\ 15 U.S.C. 4002.
---------------------------------------------------------------------------
(1) the term ``export trade'' means trade or commerce
in goods or services produced in the United States
which are exported, or in the course of being exported,
from the United States to any other country;
(2) the term ``services'' includes, but is not
limited to, accounting, amusement, architectural,
automatic data processing, business, communications,
construction franchising and licensing, consulting,
engineering, financial, insurance, legal, management,
repair, tourism, training, and transportation services;
(3) the term ``export trade services'' includes, but
is not limited to, consulting, international market
research, advertising, marketing, insurance, product
research and design, legal assistance, transportation,
including trade documentation and freight forwarding,
communication and processing of foreign orders to and
for exporters and foreign purchasers, warehousing,
foreign exchange, financing, and taking title to goods,
when provided in order to facilitate the export of
goods or services produced in the United States;
(4) the term ``export trading company'' means a
person, partnership, association, or similar
organization, whether operated for profit or as a
nonprofit organization, which does business under the
laws of the United States or any State and which is
organized and operated principally for purposes of--
(A) exporting goods or services produced in
the United States; or
(B) facilitating the exportation of goods or
services produced in the United States by
unaffiliated persons by providing one or more
export trade services;
(5) the term ``State'' means any of the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands;
(6) the term ``United States'' means the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands; and
(7) the term ``antitrust laws'' means the antitrust
laws as defined in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12(a)), section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the
extent that section 5 applies to unfair methods of
competition, and any State antitrust or unfair
competition law.
(b) The Secretary of Commerce may by regulation further
define any term defined in subsection (a), in order to carry
out this title.
office of export trade in department of commerce
Sec. 104.\3\ The Secretary of Commerce shall establish
within the Department of Commerce an office to promote and
encourage to the greatest extent feasible the formation of
export trade associations and export trading companies. Such
office shall provide information and advice to interested
persons and shall provide a referral service to facilitate
contact between producers of exportable goods and services and
firms offering export trade services.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 4003.
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TITLE II--BANK EXPORT SERVICES
short title
Sec. 201. This title may be cited as the ``Bank Export
Services Act''.
Sec. 202.\4\ The Congress hereby declares that it is the
purpose of this title to provide for meaningful and effective
participation by bank holding companies, bankers' banks, and
Edge Act corporations, in the financing and development of
export trading companies in the United States. In furtherance
of such purpose, the Congress intends that, in implementing its
authority under section 4(c)(14) of the Bank Holding Company
Act of 1956, the Board of Governors of the Federal Reserve
System should pursue regulatory policies that--
---------------------------------------------------------------------------
\4\ 12 U.S.C. 1843 note.
---------------------------------------------------------------------------
(1) provide for the establishment of export trading
companies with powers sufficiently broad to enable them
to compete with similar foreign-owned institutions in
the United States and abroad;
(2) afford to United States commerce, industry, and
agriculture, especially small- and medium-size firms, a
means of exporting at all times;
(3) foster the participation by regional and smaller
banks in the development of export trading companies;
and
(4) facilitate the formation of joint venture export
trading companies between bank holding companies and
nonbank firms that provide for the efficient
combination of complementary trade and financing
services designed to create export trading companies
that can handle all of an exporting company's needs.
investments in export trading companies
Sec. 203.\5\ * * *
---------------------------------------------------------------------------
\5\ Sec. 203 amended sec. 4(c) of the Bank Holding Company Act of
1956 (12 U.S.C. 1843(c)).
---------------------------------------------------------------------------
* * * * * * *
Sec. 205.\4\ On or before two years after the date of the
enactment of this Act, the Federal Reserve Board shall report
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Banking, Finance and Urban Affairs
\6\ of the House of Representatives the Board's recommendations
with respect to the implementation of this section, the Board's
recommendations on any changes in United States law to
facilitate the financing of United States exports, especially
by small, medium-size and minority business concerns, and the
Board's recommendations on the effects of ownership of United
States banks by foreign banking organizations affiliated with
trading companies doing business in the United States.
---------------------------------------------------------------------------
\6\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
---------------------------------------------------------------------------
guarantees for export accounts receivable and inventory
Sec. 206.\7\ The Export-Import Bank of the United States is
authorized and directed to establish a program to provide
guarantees for loans extended by financial institutions or
other public or private creditors to export trading companies
as defined in section 4(c)(14)(F)(i) of the Bank Holding
Company Act of 1956, or to other exporters, when such loans are
secured by export accounts receivable, inventories of
exportable goods, accounts, receivable from leases, performance
contracts, grant commitments, participation fees, member dues,
revenue from publications, or such other collateral as the
Board of Directors may deem appropriate,\8\ and when in the
judgment of the Board of Directors--
---------------------------------------------------------------------------
\7\ 12 U.S.C. 635a-4.
\8\ Sec. 616(b) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1257) added the words to this
point beginning with ``accounts, receivable from leases, performance
contracts, * * *''.
---------------------------------------------------------------------------
(1) the private credit market is not providing
adequate financing to enable otherwise creditworthy
export trading companies or exporters to consummate
export transactions; and
(2) such guarantees would facilitate expansion of
exports which would not otherwise occur.
The Board of Directors shall attempt to insure that a major
share of any loan guarantees ultimately serves to promote
exports from small, medium-size, and minority businesses or
agricultural concerns. Guarantees provided under the authority
of this section shall be subject to limitations contained in
annual appropriations Acts.
bankers' acceptances
Sec. 207.\9\ * * *
---------------------------------------------------------------------------
\9\ Sec. 207 amended the seventh paragraph of sec. 13 of the
Federal Reserve Act (12 U.S.C. 372).
---------------------------------------------------------------------------
TITLE III--EXPORT TRADE CERTIFICATES OF REVIEW
export trade promotion duties of secretary of commerce
Sec. 301.\10\ To promote and encourage export trade, the
Secretary may issue certificates of review and advise and
assist any person with respect to applying for certificates of
review.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 4011.
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application for issuance of certificate of review
Sec. 302.\11\,\12\ (a) To apply for a
certificate of review, a person shall submit to the Secretary a
written application which--
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\11\ 15 U.S.C. 4012.
\12\ Secs. 302 and 303 did not become effective until 90 days after
the effective date of the rules and regulations first promulgated under
sec. 310.
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(1) specifies conduct limited to export trade, and
(2) is in a form and contains any information,
including information pertaining to the overall market
in which the applicant operates, required by rule or
regulation promulgated under section 310.
(b)(1) Within ten days after an application submitted under
subsection (a) is received by the Secretary, the Secretary
shall publish in the Federal Register a notice that announces
that an application for a certificate of review has been
submitted, identifies each person submitting the application,
and describes the conduct for which the application is
submitted.
(2) Not later than seven days after an application
submitted under subsection (a) is received by the Secretary,
the Secretary shall transmit to the Attorney General--
(A) a copy of the application,
(B) any information submitted to the Secretary in
connection with the application, and
(C) any other relevant information (as determined by
the Secretary) in the possession of the Secretary,
including information regarding the market share of the
applicant in the line of commerce to which the conduct
specified in the application relates.
issuance of certificate
Sec. 303.\12\,\13\ (a) A certificate of review
shall be issued to any applicant that establishes that its
specified export trade, export trade activities, and methods of
operation will--
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\13\ 15 U.S.C. 4013.
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(1) result in neither a substantial lessening of
competition or restraint of trade within the United
States nor a substantial restraint of the export trade
of any competitor of the applicant,
(2) not unreasonably enhance, stabilize, or depress
prices within the United States of the goods, wares,
merchandise, or services of the class exported by the
applicant,
(3) not constitute unfair methods of competition
against competitors engaged in the export of goods,
wares, merchandise, or services of the class exported
by the applicant, and
(4) not include any act that may reasonably be
expected to result in the sale for consumption or
resale within the United States of the goods, wares,
merchandise, or services exported by the applicant.
(b) Within ninety days after the Secretary receives an
application for a certificate of review, the Secretary shall
determine whether the applicant's export trade, export trade
activities, and methods of operation meet the standards of
subsection (a). If the Secretary, with the concurrence of the
Attorney General, determines that such standards are met, the
Secretary shall issue to the applicant a certificate of review.
The certificate of review shall specify--
(1) the export trade, export trade activities, and
methods of operation to which the certificate applies,
(2) the person to whom the certificate of review is
issued, and
(3) any terms and conditions the Secretary or the
Attorney General deems necessary to assure compliance
with the standards of subsection (a).
(c) If the applicant indicates a special need for prompt
disposition, the Secretary and the Attorney General may
expedite action on the application, except that no certificate
of review may be issued within thirty days of publication of
notice in the Federal Register under section 302(b)(1).
(d)(1) If the Secretary denies in whole or in part an
application for a certificate, he shall notify the applicant of
his determination and the reasons for it.
(2) An applicant may, within thirty days of receipt of
notification that the application has been denied in whole or
in part, request the Secretary to reconsider the determination.
The Secretary, with the concurrence of the Attorney General,
shall notify the applicant of the determination upon
reconsideration within thirty days of receipt of the request.
(e) If the Secretary denies an application for the issuance
of a certificate of review and thereafter receives from the
applicant a request for the return of documents submitted by
the applicant in connection with the application for the
certificate, the Secretary and the Attorney General shall
return to the applicant, not later than thirty days after
receipt of the request, the documents and all copies of the
documents available to the Secretary and the Attorney General,
except to the extent that the information contained in a
document has been made available to the public
(f) A certificate shall be void ab initio with respect to
any export trade, export trade activities, or methods of
operation for which a certificate was procured by fraud.
reporting requirement; amendment of certificate; revocation of
certificate
Sec. 304.\14\ (a)(1) Any applicant who receives a
certificate of review--
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\14\ 15 U.S.C. 4014.
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(A) shall promptly report to the Secretary any change
relevant to the matters specified in the certificate,
and
(B) may submit to the Secretary an application to
amend the certificate to reflect the effect of the
change on the conduct specified in the certificate.
(2) An application for an amendment to a certificate of
review shall be treated as an application for the issuance of a
certificate. The effective date of an amendment shall be the
date on which the application for the amendment is submitted to
the Secretary.
(b)(1) If the Secretary or the Attorney General has reason
to believe that the export trade, export trade activities, or
methods of operation of a person holding a certificate of
review no longer comply with the standards of section 303(a),
the Secretary shall request such information from such person
as the Secretary or the Attorney General deem necessary to
resolve the matter of compliance. Failure to comply with such
request shall be grounds for revocation of the certificate
under paragraph (2).
(2) If the Secretary or the Attorney General determines
that the export trade, export trade activities, or methods of
operation of a person holding a certificate no longer comply
with the standards of section 303(a), or that such person has
failed to comply with a request made under paragraph (1), the
Secretary shall give written notice of the determination to
such person. The notice shall include a statement of the
circumstances underlying, and the reasons in support of, the
determination. In the 60-day period beginning 30 days after the
notice is given, the Secretary shall revoke the certificate or
modify it as the Secretary or the Attorney General deem
necessary to cause the certificate to apply only to the export
trade, export trade activities, or methods of operation which
are in compliance with the standards of section 303(a).
(3) For purposes of carrying out this subsection, the
Attorney General, and the Assistant Attorney General in charge
of the antitrust division of the Department of Justice, may
conduct investigations in the same manner as the Attorney
General and the Assistant Attorney General conduct
investigations under section 3 of the Antitrust Civil Process
Act, except that no civil investigative demand may be issued to
a person to whom a certificate of review is issued if such
person is the target of such investigation.
judicial review; admissibility
Sec. 305.\15\ (a) If the Secretary grants or denies, in
whole or in part, an application for a certificate of review or
for an amendment to a certificate, or revokes or modifies a
certificate pursuant to section 304(b), any person aggrieved by
such determination may, within 30 days of the determination,
bring an action in any appropriate district court of the United
States to set aside the determination on the ground that such
determination is erroneous.
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\15\ 15 U.S.C. 4015.
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(b) Except as provided in subsection (a), no action by the
Secretary or the Attorney General pursuant to this title shall
be subject to judicial review.
(c) If the Secretary denies, in whole or in part, an
application for a certificate of review or for an amendment to
a certificate, or revokes or amends a certificate, neither the
negative determination nor the statement or reasons therefor
shall be admissible in evidence, in any administrative or
judicial proceeding, in support of any claim under the
antitrust laws.
protection conferred by certificate of review
Sec. 306.\16\ (a) Except as provided in subsection (b), no
criminal or civil action may be brought under the antitrust
laws against a person to whom a certificate of review is issued
which is based on conduct which is specified in, and complies
with the terms of, a certificate issued under section 303 which
certificate was in effect when the conduct occurred.
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\16\ 15 U.S.C. 4016.
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(b)(1) Any person who has been injured as a result of
conduct engaged in under a certificate of review may bring a
civil action for injunctive relief, actual damages, the loss of
interest on actual damages, and the cost of suit (including a
reasonable attorney's fee) for the failure to comply with the
standards of section 303(a). Any action commenced under this
title shall proceed as if it were an action commenced under
section 4 or section 16 of the Clayton Act, except that the
standards of section 303(a) of this title and the remedies
provided in this paragraph shall be the exclusive standards and
remedies applicable to such action.
(2) Any action brought under paragraph (1) shall be filed
within two years of the date the plaintiff has notice of the
failure to comply with the standards of section 303(a) but in
any event within four years after the cause of action accrues.
(3) In any action brought under paragraph (1), there shall
be a presumption that conduct which is specified in and
complies with a certificate of review does not comply with the
standards of section 303(a).
(4) In any action brought under paragraph (1), if the court
finds that the conduct does comply with the standards of
section 303(a), the court shall award to the person against
whom the claim is brought the cost of suit attributable to
defending against the claim (including a reasonable attorney's
fee).
(5) The Attorney General may file suit pursuant to section
15 of the Clayton Act (15 U.S.C. 25) to enjoin conduct
threatening clear and irreparable harm to the national
interest.
guidelines
Sec. 307.\17\ (a) To promote greater certainty regarding
the application of the antitrust laws to export trade, the
Secretary, with the concurrence of the Attorney General, may
issue guidelines--
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\17\ 15 U.S.C. 4017.
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(1) describing specific types of conduct with respect
to which the Secretary, with the concurrence of the
Attorney General, has made or would make,
determinations under sections 303 and 304, and
(2) summarizing the factual and legal bases in
support of the determinations.
(b) Section 553 of title 5, United States Code, shall not
apply to the issuance of guidelines under subsection (a).
annual reports
Sec. 308.\18\ Every person to whom a certificate of review
is issued shall submit to the Secretary an annual report, in
such form and at such time as the Secretary may require, that
updates where necessary the information required by section
302(a).
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\18\ 15 U.S.C. 4018.
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disclosure of information
Sec. 309.\19\ (a) Information submitted by any person in
connection with the issuance, amendment, or revocation of a
certificate of review shall be exempt from disclosure under
section 552 of title 5, United States Code.
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\19\ 15 U.S.C. 4019.
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(b)(1) Except as provided in paragraph (2), no officer or
employee of the United States shall disclose commercial or
financial information submitted in connection with the
issuance, amendment, or revocation of a certificate of review
if the information is privileged or confidential and if
disclosure of the information would cause harm to the person
who submitted the information.
(2) Paragraph (1) shall not apply with respect to
information disclosed--
(A) upon a request made by the Congress or any
committee of the Congress,
(B) in a judicial or administrative proceeding,
subject to appropriate protective orders,
(C) with the consent of the person who submitted the
information,
(D) in the course of making a determination with
respect to the issuance, amendment, or revocation of a
certificate of review, if the Secretary deems
disclosure of the information to be necessary in
connection with making the determination,
(E) in accordance with any requirement imposed by a
statute of the United States, or
(F) in accordance with any rule or regulation
promulgated under section 310 permitting the disclosure
of the information to an agency of the United States or
of a State on the condition that an agency will
disclose the information only under the circumstances
specified in subparagraphs (A) through (E).
rules and regulations
Sec. 310.\20\ The Secretary, with the concurrence of the
Attorney General, shall promulgate such rules and regulations
as are necessary to carry out the purposes of this Act.
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\20\ 15 U.S.C. 4020.
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definitions
Sec. 311.\21\ As used in this title--
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\21\ 15 U.S.C. 4021.
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(1) the term ``export trade'' means trade or commerce
in goods, wares, merchandise, or services exported, or
in the course of being exported, from the United States
or any territory thereof to any foreign nation,
(2) the term ``service'' means intangible economic
output, including, but not limited to--
(A) business, repair, and amusement services,
(B) management, legal, engineering,
architectural, and other professional services,
and
(C) financial, insurance, transportation,
informational and any other data-based
services, and communication services,
(3) the term ``export trade activities'' means
activities or agreements in the course of export trade,
(4) the term ``methods of operation'' means any
method by which a person conducts or proposes to
conduct export trade,
(5) the term ``person'' means an individual who is a
resident of the United States; a partnership that is
created under and exists pursuant to the laws of any
State or of the United States; a State or local
government entity; a corporation, whether organized as
a profit or nonprofit corporation, that is created
under and exists pursuant to the laws of any State or
of the United States; or any association or
combination, by contract or other arrangement, between
or among such persons,
(6) the term ``antitrust laws'' means the antitrust
laws, as such term is defined in the first section of
the Clayton Act (15 U.S.C. 12), and section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) (to the
extent that section 5 prohibits unfair methods of
competition), and any State antitrust or unfair
competition law,
(7) the term ``Secretary'' means the Secretary of
Commerce or his designee, and
(8) the term ``Attorney General'' means the Attorney
General of the United States or his designee.
effective dates
Sec. 312.\22\ (a) Except as provided in subsection (b),
this title shall take effect on the date of the enactment of
this Act.
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\22\ 15 U.S.C. 4011 note.
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(b) Section 302 and section 303 shall take effect 90 days
after the effective date of the rules and regulations first
promulgated under section 310.
TITLE IV--FOREIGN TRADE ANTITRUST IMPROVEMENTS
short title
Sec. 401. This title may be cited as the ``Foreign Trade
Antitrust Improvements Act of 1982''.
amendment to sherman act
Sec. 402.\23\ * * *
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\23\ Sec. 402 amended the Sherman Act (15 U.S.C. 1 et seq.) by
inserting a new sec. 7.
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amendment to federal trade commission act
Sec. 403.\24\ * * *
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\24\ Sec. 403 amended sec. 5(a) of the Federal Trade Commission Act
(15 U.S.C. 45(a)).
(21) Trade Agreements Act of 1979
Partial text of Public Law 96-39 [H.R. 4537], 93 Stat. 144 approved
July 26, 1979; as amended by the Reorganization Plan No. 3 of 1979 (44
F.R. 69273); Public Law 98-67 [Caribbean Basin Economic Recovery Act;
H.R. 2973], 97 Stat. 369 at 393, approved August 5, 1983; Public Law
98-573 [Trade and Tariff Act of 1984; H.R. 3398], 98 Stat. 2948 at
3033, approved October 30, 1984; Public Law 99-47 [United States-Israel
Free Trade Area Implementation Act of 1985; H.R. 2268], 99 Stat. 82 at
84, approved June 11, 1985; Public Law 100-418 [Omnibus Trade and
Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
August 23, 1988; Public Law 100-449 [United States-Canada Free-Trade
Agreement Implementation Act of 1988; H.R. 5090], 102 Stat. 1851,
approved September 28, 1988; Public Law 100-690 [Anti-Drug Abuse Act of
1988; H.R. 5210], 102 Stat. 4181, approved November 18, 1988; Public
Law 103-182 [North American Free Trade Agreement Implementation Act;
H.R. 3450], 107 Stat. 2057, approved December 8, 1993; Public Law 103-
355 [Federal Acquisition Streamlining Act of 1994; S. 1587], 108 Stat.
3243, approved October 13, 1994; Public Law 103-465 [Uruguay Round
Agreements Act; H.R. 5110], 108 Stat. 4809, approved December 8, 1994;
Public Law 104-295 [Miscellaneous Trade and Technical Corrections Act
of 1996; H.R. 3815], 110 Stat. 3514, approved October 11, 1996; Public
Law 108-286 [United States-Australia Free Trade Agreement
Implementation Act; H.R. 4759], 118 Stat. 919, approved August 3, 2004;
Public Law 109-53 [Dominican Republic-Central America-United States
Free Trade Agreement Implementation Act; H.R. 3045], 119 Stat. 462,
approved August 2, 2005; and Public Law 109-169 [United States-Bahrain
Free Trade Agreement Implementation Act; H.R. 4340], 119 Stat. 3581,
approved January 11, 2006
AN ACT To approve and implement the trade agreements negotiated under
the Trade Act of 1974, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Trade
Agreements Act of 1979''.
(b) Table of Contents.--* * *
(c) \1\ Purposes.--The purposes of this Act are--
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\1\ 19 U.S.C. 2502.
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(1) to approve and implement the trade agreements
negotiated under the Trade Act of 1974;
(2) to foster the growth and maintenance of an open
world trading system;
(3) to expand opportunities for the commerce of the
United States in international trade; and
(4) to improve the rules of international trade and
to provide for the enforcement of such rules, and for
other purposes.
SEC. 2.\2\ APPROVAL OF TRADE AGREEMENTS.
(a) Approval of Agreements and Statements of Administrative
Action.--In accordance with the provisions of sections 102 and
151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191), the
Congress approves the trade agreements described in subsection
(c) submitted to the Congress on June 19, 1979, and the
statements of administrative action proposed to implement such
trade agreements submitted to the Congress on that date.
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\2\ 19 U.S.C. 2503.
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(b) Acceptance of Agreements by the President.--
(1) In general.--The President may accept for the
United States the final legal instruments or texts
embodying each of the trade agreements approved by the
Congress under subsection (a). The President shall
submit a copy of each final instrument or text to the
Congress on the date such text or instrument is
available, together with a notification of any changes
in the instruments or texts, including their annexes,
if any, as accepted and the texts of such agreements as
submitted to the Congress under subsection (a). Such
final legal instruments or texts shall be deemed to be
the agreements submitted to and approved by the
Congress under subsection (a) if such changes are--
(A) only recertifications of a formal
character or minor technical or clerical
changes which do not affect the substance or
meaning of the texts as submitted to the
Congress on June 19, 1979, or
(B) changes in annexes to such agreements,
and the President determines that the balance
of United States rights and obligations under
such agreements is maintained.
(2) Application of agreement between the united
states and other countries.--No agreement accepted by
the President under paragraph (1) shall apply between
the United States and any other country unless the
President determines that such country--
(A) has accepted the obligations of the
agreement with respect to the United States,
and
(B) should not otherwise be denied the
benefits of the agreement with respect to the
United States because such country has not
accorded adequate benefits, including
substantially equal competitive opportunities
for the commerce of the United States to the
extent required under section 126(c) of the
Trade Act of 1974 (19 U.S.C. 2136(c)), to the
United States.
(3) Limitation on acceptance concerning major
industrial countries.--The President may not accept an
agreement described in paragraph (1), (2), (3), (4),
(5), (6), (7), (9), (10), or (11) of subsection (c),
unless he determines that each major industrial country
(as defined in section 126(d) of the Trade Act of 1974
(19 U.S.C. 2136(d)) is also accepting the agreement.
Notwithstanding the preceding sentence, the President
may accept such an agreement, if he determines that
only one major industrial country is not accepting that
agreement and the acceptance of that agreement by that
country is not essential to the effective operation of
the agreement, and if--
(A) that country is not a major factor in
trade in the products covered by that
agreement,
(B) the President has authority to deny the
benefits of the agreement to that country and
has taken steps to deny the benefits of the
agreement to that country, or
(C) a significant portion of United States
trade would benefit from the agreement,
notwithstanding such nonacceptance, and the
President determines and reports to the
Congress that it is in the national interest of
the United States to accept the agreement.
For purposes of this paragraph, the acceptance of an
agreement by the European Communities on behalf of its
member countries shall also be treated as acceptance of
that agreement by each member country, and acceptance
of an agreement by all the member countries of the
European Communities shall also be treated as
acceptance of that agreement by the European
Communities.
(c) Trade Agreements to Which This Act Applies.--The trade
agreements to which subsection (a) applies are the following:
(1) The Agreement on Implementation of Article VII of
the General Agreement on Tariffs and Trade (relating to
customs valuation).
(2) The Agreement on Government Procurement.
(3) The Agreement on Import Licensing Procedures.
(4) The Agreement on Technical Barriers to Trade
(relating to product standards).
(5) The Agreement on Interpretation and Application
of Articles VI, XVI, and XXIII of the General Agreement
on Tariffs and Trade (relating to subsidies and
countervailing measures).
(6) The Agreement on Implementation of Article VI of
the General Agreement on Tariffs and Trade (relating to
antidumping measures).
(7) The International Dairy Arrangement.
(8) Certain bilateral agreements on cheese, other
dairy products, and meat.
(9) The Arrangement Regarding Bovine Meat.
(10) The Agreement on Trade in Civil Aircraft.
(11) Texts Concerning a Framework for the Conduct of
World Trade.
(12) Certain Bilateral Agreements to Eliminate the
Wine-Gallon Method of Tax and Duty Assessment.
(13) Certain other agreements to be reflected in
Schedule XX of the United States to the General
Agreement on Tariffs and Trade, including Agreements--
(A) to Modify United States Watch Marking
Requirements, and to Modify United States
Tariff Nomenclature and Rates of Duty for
Watches,
(B) to Provide Duty-Free Treatment for
Agricultural and Horticultural Machinery,
Equipment, Implements, and Parts Thereof, and
(C) to Modify United States Tariff
Nomenclature and Rates of Duty for Ceramic
Tableware.
(14) The Agreement with the Hungarian People's
Republic.
SEC. 3.\3\ RELATIONSHIP OF TRADE AGREEMENTS TO UNITED STATES LAW.
(a) United States Statutes To Prevail in Conflict.--No
provision of any trade agreement approved by the Congress under
section 2(a), nor the application of any such provision to any
person or circumstances, which is in conflict with any statute
of the United States shall be given effect under the laws of
the United States.
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\3\ 19 U.S.C. 2504. As enacted, sec. 3 consisted of subsecs. (a)
through (c) and (e) and (f), with no provision designated as subsec.
(d).
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(b) \3\ Implementing Regulations.--Regulations necessary or
appropriate to carry out actions proposed in any statement of
proposed administrative action submitted to the Congress under
section 102 of the Trade Act of 1974 to implement each
agreement approved under section 2(a) shall be issued within 1
year after the date of the entry into force of such agreement
with respect to the United States.
(c) \3\ Changes in Statutes To Implement a Requirement,
Amendment, or Recommendation.--
(1) Presidential determination.--Whenever the
President determines that it is necessary or
appropriate to amend, repeal, or enact a statute of the
United States in order to implement any requirement of,
amendment to, or recommendation under such an
agreement, he shall submit to the Congress a draft of a
bill to accomplish the amendment, repeal, or enactment
and a statement of any administrative action proposed
to implement the requirement, amendment, or
recommendation. Not less than 30 days before submitting
such a bill, the President shall consult with the
Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the
Senate, and each committee of the House or Senate which
has jurisdiction over legislation involving subject
matters which would be affected by such amendment,
repeal, or enactment. The consultation shall treat all
matters relating to the implementation of such
requirement, amendment, or recommendation, as provided
in paragraphs (2) and (3).
(2) Conditions for taking effect under united states
law.--No such amendment shall enter into force with
respect to the United States, and no such requirement,
amendment, or recommendation shall be implemented under
United States law, unless--
(A) the President, after consultation with
the Congress under paragraph (1), notifies the
House of Representatives and the Senate of his
determination and publishes notice of that
determination in the Federal Register.
(B) the President transmits a document to the
House of Representatives and to the Senate
containing a copy of the text of such
requirement, amendment, or recommendation,
together with--
(i) a draft of a bill to amend or
repeal provisions of existing statutes
or to create statutory authority and an
explanation as to how the bill and any
proposed administrative action affect
existing law, and
(ii) a statement of how the
requirement, amendment, or
recommendation serves the interests of
United States commerce and why the
legislative and administrative action
is necessary or appropriate to carry
out the requirement, amendment, or
recommendation, and
(C) the bill submitted by the President is
enacted into law.
(3) Recommendations as to application.--The President
may make the same type of recommendations, in the same
manner and subject to the same conditions, to the
Congress with respect to the application of any such
requirement, amendment, or recommendation as he may
make, under section 102(f) of the Trade Act of 1974,
with respect to a trade agreement.
(4) Congressional procedures applicable.--The bill
submitted by the President shall be introduced in
accordance with the provisions of subsection (c)(1) of
section 151 of the Trade Act of 1974, and the
provisions of subsections (d), (e), (f), and (g) of
such section shall apply to the consideration of the
bill. For the purposes of applying section 151 of such
Act to such bill--
(A) the term ``trade agreement'' shall be
treated as a reference to the requirement,
amendment, or recommendation, and
(B) the term ``implementing bill'' or
``implementing revenue bill'', whichever is
appropriate, shall be treated as a reference to
the bill submitted by the President.
(e) \3\ * * *
(f) \3\ Unspecified Private Remedies Not Created.--Neither
the entry into force with respect to the United States of any
agreement approved under section 2(a), nor the enactment of
this Act, shall be construed as creating any private right of
action or remedy for which provision is not explicitly made
under this Act or under the laws of the United States.
TITLE I--COUNTERVAILING AND ANTIDUMPING DUTIES
SEC. 101.\5\ * * *
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\4\ Sec. 101 of title I added a new title VII to the Tariff Act of
1930.
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SEC. 102. PENDING INVESTIGATIONS.
(a) Pending Investigations of Bounties or Grants.--If, on
the effective date of the application of title VII of the
Tariff Act of 1930 to imports from a country, there is an
investigation in progress under section 303 of that Act as to
whether a bounty or grant is being paid or bestowed on imports
from such country, then:
(1) If the Secretary of the Treasury has not yet made
a preliminary determination under section 303 of that
Act as to whether a bounty or grant is being paid or
bestowed, he shall terminate the investigation under
section 303 and the matter previously under
investigation shall be subject to this title as if the
affirmative determination called for in section 702 of
that Act were made with respect to that matter on the
effective date of the application of title VII of that
Act to such country.
(2) If the Secretary has made a preliminary
determination under such section 303, but not a final
determination, as to whether a bounty or grant is being
paid or bestowed, he shall terminate the investigation
under such section 303 and the matter previously under
investigation shall be subject to the provisions of
title VII of that Act as if the preliminary
determination under section 303 were a preliminary
determination under section 703 of that title made on
the effective date of the application of that title to
such country.
(b) Pending Investigations of Less-Than-Fair-Values
Sales.--If, on the effective date of title VII of the Tariff
Act of 1930, there is an investigation in progress under the
Antidumping Act, 1921, as to whether imports from a country are
being, or are likely to be, sold in the United States or
elsewhere at less than fair value, then:
(1) If the Secretary has not yet made a preliminary
determination under the Antidumping Act, 1921, as to
the question of less-than-fair-value sales, he shall
terminate the investigation and the United States
International Trade Commission shall terminate any
investigation under section 201(c)(2) of the
Antidumping Act, 1921, and the matter previously under
investigation shall be subject to the provisions of
title VII of the Tariff Act of 1930 as if the
affirmative determination called for in section 732
were made with respect to such matter on the effective
date of title VII of the Tariff Act of 1930.
(2) If the Secretary has made under the Antidumping
Act, 1921, a preliminary determination, but not a final
determination, that imports from such country are being
or are likely to be sold in the United States or
elsewhere at less than fair value, the investigation
shall be terminated and the matter previously under
investigation shall be subject to the provisions of
title VII of the Tariff Act of 1930 as if the
preliminary determination under the Antidumping Act,
1921, were a preliminary determination under section
733 of that title made on the effective date of title
VII of the Tariff Act of 1930.
(c) Pending Investigations of Injury.--If, on the effective
date of the application of title VII of the Tariff Act of 1930
to imports from a country, the United States International
Trade Commission is conducting an investigation under section
303 of the Tariff Act of 1930 or section 201(a) of the
Antidumping Act, 1921, as to whether an industry in the United
States is being, or is likely to be injured, or is prevented
from being established, it shall terminate any such
investigation and initiate an investigation, under subtitle A
or B of title VII of the Tariff Act of 1930, which shall be
completed within 75 days, and--
(1) treat any final determination of the Secretary of
the Treasury under section 303 as a final determination
under section 705(a) of the Tariff Act of 1930 and
consider the net amount of the bounty or grant
estimated or determined under section 303 as the net
subsidy amount under subtitle A of that title; and
(2) treat any final determination of the Secretary of
the Treasury under the Antidumping Act of 1921, as a
final determination under section 735(a) of the Tariff
Act of 1930.
SEC. 103.\5\ * * *
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\5\ Sec. 103 amended sec. 303 of the Tariff Act of 1930.
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SEC. 104. TRANSITION RULES FOR COUNTERVAILING DUTY ORDERS.
(a) Waived Countervailing Duty Orders.--
(1) Notification of commission.--The administering
authority shall notify the United States International
Trade Commission by January 7, 1980, of any
countervailing duty order in effect on January 1,
1980--
(A)(i) for which the Secretary of the
Treasury has waived the imposition of
countervailing duties under section 303(d) of
the Tariff Act of 1930 (19 U.S.C. 1303(d)), and
(ii) which applies to merchandise other than
quota cheese (as defined in section 701(c)(1)
of this Act), which is a product of a country
under the Agreement.
(B) published on or after the date of the
enactment of this Act, and before January 1,
1980, with respect to products of a country
under the Agreement (as defined in section
701(b) of the Tariff Act of 1930), or
(C) applicable to frozen, boneless beef from
the European Communities under Treasury
Decision 76-109,
and shall furnish to the Commission the most current
information it has with respect to the net subsidy
benefiting the merchandise subject to the
countervailing duty order.
(2) Determination by the commission.--Within 180 days
after the date on which it receives the information
from the administering authority under paragraph (1),
the Commission shall make a determination of whether--
(A) an industry in the United States--
(i) is materially injured, or
(ii) is threatened with material
injury, or
(B) the establishment of an industry in the
United States is materially retarded,
by reason of imports of the merchandise subject to the
order.
(3) Effect of determination.--
(A) Affirmative determination.--Upon being
notified by the Commission of an affirmative
determination under paragraph (2), the
administering authority shall terminate the
waiver of imposition of countervailing duties
for merchandise subject to the order, if any.
The countervailing duty order under section 303
of the Tariff Act of 1930 which applies to that
merchandise shall remain in effect until
revoked, in whole or in part, under section
751(d) of such Act.
(B) Negative determination.--Upon being
notified by the Commission of a negative
determination under paragraph (2), the
administering authority shall revoke the
countervailing duty order, and publish notice
in the Federal Register of the revocation.
(b) Other Countervailing Duty Orders.--
(1) Review by commission upon request.--In the case
of a countervailing duty order issued under section 303
of the Tariff Act of 1930 (19 U.S.C. 1303)--
(A) which is not a countervailing duty order
to which subsection (a) applies,
(B) which applies to merchandise which is the
product of a country under the Agreement, and
(C) which is in effect on January 1, 1980, or
which is issued pursuant to court order in an
action brought under section 516(d) of that Act
before that date,
the Commission, upon the request of the government of
such a country or of exporters accounting for a
significant proportion of exports to the United States
or merchandise which is covered by the order, submitted
within 3 years after the effective date of title VII of
the Tariff Act of 1930 shall make a determination under
paragraph (2) of this subsection.
(2) Determination by the commission.--In a case
described in paragraph (1) with respect to which it has
received a request for review the Commission shall
commence an investigation to determine whether--
(A) an industry in the United States--
(i) would be materially injured, or
(ii) would be threatened with
material injury, or
(B) the establishment of an industry in the
United States would be materially retarded,
by reason of imports of the merchandise covered by the
countervailing duty order if the order were to be
revoked. A negative determination by the Commission
under this paragraph shall not be based, in whole or in
part, on any export taxes, duties, or other changes
levied on the export of merchandise to the United
States specifically intended to offset the subsidy
received.\6\
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\6\ Sec. 611(c) of Public Law 98-573 (98 Stat. 3033) inserted this
sentence.
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(3) Suspension of liquidation; investigation time
limits.--Whenever the Commission receives a request
under paragraph (1) it shall promptly notify the
administering authority and the administering authority
shall suspend liquidation of entries of the affected
merchandise made on or after the date of receipt of the
Commission's notification, or in the case of butter
from Australia, entries of merchandise subject to the
assessment of countervailing duties under Treaty
Decision 42937, as amended, and collect estimated
countervailing duties pending the determination of the
Commission. The Commission shall issue its
determination in any investigation under this
subsection not later than 3 years after the date of
commencement of such investigation.
(4) Effect of determination.--
(A) Affirmative determination.--Upon being
notified of an affirmative determination under
paragraph (2) by the Commission the
administering authority shall liquidate entries
of merchandise the liquidation of which was
suspended under paragraph (3) of this
subsection and impose countervailing duties in
the amount of the estimated duties required to
be deposited. The countervailing duty order
shall remain in effect until revoked, in whole
or in part, under section 751(c) of the Tariff
Act of 1930.
(B) Negative determination.--Upon being
notified of a negative determination under
paragraph (2) by the Commission, the
administering authority shall revoke the
countervailing duty order then in effect,
publish notice thereof in the Federal Register,
and refund, without payment of interest, any
estimated countervailing duties collected
during the period of suspension of liquidation.
(c) All Outstanding Countervailing Duty Orders.--Subject to
the provisions of subsections (a) and (b), any countervailing
duty order issued under section 303 of the Tariff Act of 1930
which is--
(1) in effect on the effective date of title VII of
the Tariff Act of 1930 (as added by section 101 of this
Act), or
(2) issued pursuant to court order in a proceeding
brought before that date under section 516(d) of the
Tariff Act of 1930
shall remain in effect after that date and shall be subject to
review under section 751 of the Tariff Act of 1930.
(d) Publication of Notice of Determinations.--Whenever the
Commission makes a determination under subsection (a) or (b) it
shall publish notice of that determination in the Federal
Register and notify the administering authority of its
determination.
(e) Definitions.--Whenever any term which is defined in
section 771 of the Tariff Act of 1930 is used in this section,
it has the same meaning as when it is used in title VII of that
Act.
SEC. 105.\7\ * * *
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\7\ Sec. 105 amended sec. 304(d)(4) of the Tariff Act of 1930
concerning the continuation of certain waivers.
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SEC. 106. CONFORMING CHANGES.
(a) Repeal of Old Law.--The Antidumping Act, 1921 (19
U.S.C. 160 et seq.) is hereby repealed but findings in effect
on the effective date of this Act, or issued pursuant to court
order in an action brought before that date, shall remain in
effect, subject to review under section 751 of the Tariff Act
of 1920.
(b) \8\ * * *
---------------------------------------------------------------------------
\8\ Subsec. (b) consisted of conforming amendments to several
statutes.
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SEC. 107. EFFECTIVE DATE.
Except as otherwise provided in this title, this title and
the amendments made by it shall take effect on January 1, 1980,
if--
(1) the Agreement on Interpretation and Application
of Articles VI, XVI, and XXIII of the General Agreement
on Tariffs and Trade (relating to subsidies and
countervailing measures), and
(2) the Agreement on Implementation of Article VI of
the General Agreement on Tariffs and Trade (relating to
antidumping measures),
approved by the Congress under section 2(a) of this Act have
entered into force with respect to the United States as of that
date.\9\
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\9\ The President in his determination of December 14, 1979 (44
F.R. 74781), authorized the U.S. Special Representative for Trade
Negotiations (United States Trade Representative) to sign both of these
agreements.
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TITLE II--CUSTOMS VALUATION
Subtitle A--Valuation Standards Amendments
SEC. 201.\10\ * * *
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\10\ Sec. 201 amended sec. 402 of the Tariff Act of 1930 to reflect
changes brought about by the Agreement on Implementation of Article VII
of the General Agreement on Tariffs and Trade (relating to customs
valuation). Sec. 202 consisted of conforming amendments to several
other laws.
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SEC. 202.\10\ * * *
SEC. 203. PRESIDENTIAL REPORT ON OPERATION OF THE AGREEMENT.
As soon as practicable after the close of the 2-year period
beginning on the date on which the amendments made by this
title (other than section 223(b), relating to certain rubber
footwear) take effect, the President shall prepare and submit
to Congress a report containing an evaluation of the operation
of the Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade approved under section
2(a) (hereinafter in this subtitle referred to as the
``Agreement''), both domestically and internationally, during
that period.
SEC. 204. TRANSITION TO VALUATION STANDARDS UNDER THIS TITLE.
(a) Effective Date of Amendments.--
(1) In general.--Except as provided in paragraph (2),
the amendments made by this title (except the
amendments made by section 223(b)) shall take effect
on--
(A) January 1, 1981, if the Agreement enters
into force with respect to the United States by
that date; or
(B) if subparagraph (A) does not apply, that
date after January 1, 1981, on which the
Agreement enters into such force;
and shall apply with respect to merchandise that is
exported to the United States on or after whichever of
such dates applies.
(2) Earlier effective date under certain
circumstances.--If the President determines before
January 1, 1981, that--
(A) the European Economic Community has
accepted the obligations of the Agreement with
respect to the United States; and
(B) each of the member states of the European
Economic Community has implemented the
Agreement under its laws;
the President shall by proclamation announce such
determination and the amendments made by this title
(except the amendments made by section 223(b)) shall
take effect on the date specified in the proclamation
(but not before July 1, 1980) and shall apply with
respect to merchandise that is exported to the United
States on or after such date; except that unless the
Agreement enters into force with respect to the United
States by January 1, 1981, all provisions of law that
were amended by such amendments are revised (as in
effect on the day before such amendments took effect)
on January 1, 1981, and such provisions--
(i) shall remain in effect until the
date on which the Agreement enters into
force with respect to the United States
(and on such date the amendments made
by this title (except the amendments
made by section 223(b)) are revived and
shall apply with respect to merchandise
exported to the United States on or
after such date); and
(ii) shall apply with respect to
merchandise exported to the United
States on or after January 1, 1981, and
before the date on which the Agreement
enters into such force.
(b) Application of Old Law Valuation Standards.--For
purposes of the administration of the customs laws, all
merchandise (other than merchandise to which subsections (a)
and (c) apply) shall be appraised on the same basis, and in the
same manner, as if the amendments made by this title had not
been enacted.
(c) Special Treatment for Certain Rubber Footwear.--The
amendments made by section 223(b) shall take effect July 1,
1981, or, if later, the date on which the Agreement enters into
force with respect to the United States, and shall apply,
together with the other amendments made by this title, to
rubber footwear exported to the United States on or after such
date. For purposes of the administration of the customs laws,
all rubber footwear (other than rubber footwear to which the
preceding sentence applies) shall be appraised on the same
basis, and in the same manner, as if the amendments made by
this title had not been enacted.
(d) Definition.--For purposes of this section, the term
``rubber footwear'' means articles described in item 700.60 of
the Tariff Schedules of the United States (as in effect on the
day before the day on which the amendments made by section
223(b) take effect).
* * * * * * *
TITLE III--GOVERNMENT PROCUREMENT \11\
SEC. 301.\12\ GENERAL AUTHORITY TO MODIFY DISCRIMINATION PURCHASING
REQUIREMENTS.
(a) Presidential Waiver of Discriminatory Purchasing
Requirements.--Subject to subsection (f) of this section, the
President \13\ may waive, in whole or in part, with respect to
eligible products of any foreign country or instrumentality
designated under subsection (b), and suppliers of such
products, the application of any law, regulation, procedure, or
practice regarding Government procurement that would, if
applied to such products and suppliers, result in treatment
less favorable than that accorded--
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\11\ See also Executive Order 12849 of May 25, 1993 (58 F.R. 30931)
relating to the implementation of a Memorandum of Understanding with
the European Community on government procurement.
\12\ 19 U.S.C. 2511.
\13\ Sec. 381(a)(1) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2128) struck out ``The President'' and inserted in
lieu thereof ``Subject to subsection (f) of this section, the
President''.
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(1) to United States products and suppliers of such
products; or
(2) to eligible products of another foreign country
or instrumentality which is a party to the Agreement
and suppliers of such products.
(b) Designation of Eligible Countries and
Instrumentalities.--The President may designate a foreign
country or instrumentality for purposes of subsection (a) only
if he determines that such country or instrumentality--
(1) is a country or instrumentality which (A) has
become a party to the Agreement or the North American
Free Trade Agreement,\14\ and (B) will provide
appropriate reciprocal competitive government
procurement opportunities to United States products and
suppliers of such products;
---------------------------------------------------------------------------
\14\ Sec. 381(a)(2) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2128) inserted ``or the North American Free Trade
Agreement'' after ``the Agreement''.
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(2) is a country or instrumentality, other than a
major industrial country, which (A) will otherwise
assume the obligations of the Agreement, and (B) will
provide such opportunities to such products and
suppliers;
(3) is a country or instrumentality, other than a
major industrial country, which will provide such
opportunities to such products and suppliers; or
(4) is a least developed country.
(c) Modification or Withdrawal of Waivers and
Designations.--The President may modify or withdraw any waiver
granted pursuant to subsection (a) or designation made pursuant
to subsection (b).
(d) \15\ Limitations on Waiver Authority Not Effective Unless
Provision Amended.--The authority of the President under
subsection (a) to waive any laws, regulation, procedure, or
practice shall be effective notwithstanding any other provision
of law hereafter enacted (excluding the provisions of and
amendments made by the Buy American Act of 1988) unless such
other provision specifically refers to and amends this section.
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\15\ Sec. 7005(e) of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 102 Stat. 1152) added subsec. (d).
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(e) \16\ Procurement Procedures by Certain Federal
Agencies.--Notwithstanding any other provision of law, the
President may direct any agency of the United States listed in
Annex 1001.1a-2 of the North American Free Trade Agreement to
procure eligible products in compliance with the procedural
provisions of chapter 10 of such Agreement.
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\16\ Sec. 381(a)(3) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2128) added subsecs. (e) and (f).
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(f) \16\ Small Business and Minority Preferences.--The
authority of the President under subsection (a) of this section
to waive any law, regulation, procedure, or practice regarding
Government procurement does not authorize the waiver of any
small business or minority preference.
SEC. 302.\17\ AUTHORITY TO ENCOURAGE RECIPROCAL COMPETITIVE PROCUREMENT
PRACTICES.
(a) \18\ Authority To Bar Procurement From Non-Designated
Countries.--
---------------------------------------------------------------------------
\17\ 19 U.S.C. 2512.
\18\ Sec. 343(a) of Public Law 103-465 (108 Stat. 4954) amended and
restated subsec. (a).
---------------------------------------------------------------------------
(1) In general.--Subject to paragraph (2), the
President, in order to encourage additional countries
to become parties to the Agreement and to provide
appropriate reciprocal competitive government
procurement opportunities to United States products and
suppliers of such products--
(A) shall, with respect to procurement
covered by the Agreement, prohibit the
procurement, after the date on which any waiver
under section 301(a) first takes effect, of
products--
(i) which are products of a foreign
country or instrumentality which is not
designated pursuant to section 301(b),
and
(ii) which would otherwise be
eligible products; and
(B) may, with respect to procurement covered
by the Agreement, take such other actions
within the President's authority as the
President deems necessary.
(2) Exception.--Paragraph (1) shall not apply in the
case of procurements for which--
(A) there are no offers of products or
services of the United States or of eligible
products; or
(B) the offers of products or services of the
United States or of eligible products are
insufficient to fulfill the requirements of the
United States Government.
(b) Deferrals and Waivers.--Notwithstanding subsection (a),
but in furtherance of the objective of encouraging countries to
become parties to the Agreement and provide appropriate
reciprocal competitive government procurement opportunities to
United States products and suppliers of such products, the
President may--
(1) \19\ waive the prohibition required by subsection
(a)(1) on procurement of products of a foreign country
or instrumentality which has not yet become a party to
the Agreement but--
---------------------------------------------------------------------------
\19\ Sec. 343(b)(1) of Public Law 103-465 (108 Stat. 4955) amended
and restated para. (1).
---------------------------------------------------------------------------
(A) has agreed to apply transparent and
competitive procedures to its government
procurement equivalent to those in the
Agreement, and
(B) maintains and enforces effective
prohibitions on bribery and other corrupt
practices in connection with its government
procurement;
(2) authorize agency heads to waive, subject to
interagency review and general policy guidance by the
organization established under section 242(a) of the
Trade Expansion Act of 1962 (19 U.S.C. 1872(a)), such
prohibition on a case-by-case basis when in the
national interest; and
(3) authorize the Secretary of Defense to waive,
subject to interagency review and policy guidance by
the organization established under section 242(a) of
the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)),
such prohibition for products of any country or
instrumentality which enters into a reciprocal
procurement agreement with the Department of Defense.
Before exercising the waiver authority under paragraph (1), the
President shall consult with the appropriate private sector
advisory committees established under section 135 of the Trade
Act of 1974 and with the appropriate committees of the
Congress.\20\
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\20\ Sec. 343(b)(2) of Public Law 103-465 (108 Stat. 4955) inserted
this sentence.
---------------------------------------------------------------------------
(c) Report on Impact of Restrictions.--
(1) Impact on the economy.--On or before July 1,
1981, the President shall report to the Committee on
Ways and Means and the Committee on Government
Operations \21\ of the House of Representatives and to
the Committee on Finance and the Committee on
Governmental Affairs of the Senate on the effects on
the United States economy (including effects on
employment, production, competition, costs and prices,
technological development, export trade, balance of
payments, inflation, and the Federal budget) of the
refusal of developed countries to allow the Agreement
to cover the entities of the governments of such
countries which are the principal purchasers of goods
and equipment in appropriate product sectors.
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\21\ Sec. 1(a)(6) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Government Operations of the House
of Representatives should be treated as referring to the Committee on
Government Reform and Oversight of the House of Representatives.
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(2) Recommendations for attaining reciprocity.--The
report required by paragraph (1) shall include an
evaluation of alternative means to obtain equity and
reciprocity in such product sectors, including (A)
prohibiting the procedures of products of such
countries by United States entities not covered by the
Agreement, and (B) modifying the application of title
III of the Act of March 3, 1933 (41 U.S.C. 10a et
seq.), commonly referred to as the Buy American Act.
The report shall include an analysis of the effect of
such alternative means on the United States economy
(including effects on employment, production,
competition, costs and prices, technological
development, export trade, balance of payments,
inflation, and the Federal budget), and on successful
negotiations on the expansion of the coverage of the
Agreement pursuant to section 304 (a) and (b), other
trade negotiating objectives, the relationship of the
Federal Government to State and local governments, and
such other factors as the President deems appropriate.
(3) Consultation.--In the preparation of the report
required by paragraph (1) and the evaluation and
analysis required by paragraph (2), the President shall
consult with representatives of the public, industry,
and labor, and make available pertinent,
nonconfidential information obtained in the course of
such preparation to the advisory committees established
pursuant to section 135 of the Trade Act of 1974.
(d) Proposed Action.--
(1) Presidential report.--On or before October 1,
1981, the President shall prepare and transmit to the
congressional committees referred to in subsection
(c)(1) a report which describes the actions he deems
appropriate to establish reciprocity with major
industrialized countries in the area of Government
procurement.
(2) Procedure.--
(A) Presidential determination.--If the
President determines that any changes in
existing law or new statutory authority are
required to authorize or to implement any
action proposed in the report submitted under
paragraph (1), he shall, on or after January 1,
1982, submit to the Congress a bill to
accomplish such changes or provide such new
statutory authority. Prior to submitting such a
bill, the President shall consult with the
appropriate committees of the Congress having
jurisdiction over legislation involving subject
matters which would be affected by such action,
and shall submit to such committees a proposed
draft of such bill.
(B) Congressional consideration.--The
appropriate committee of each House of the
Congress shall give a bill submitted pursuant
to subparagraph (A) prompt consideration and
shall make its best efforts to take final
committee action on such bill in an expeditious
manner.
SEC. 303.\22\ WAIVER OF DISCRIMINATORY PURCHASING REQUIREMENTS WITH
RESPECT TO PURCHASES OF CIVIL AIRCRAFT.
The President may waive the application of the provisions
of title III of the Act of March 3, 1933 (41 U.S.C. 10a et
seq.), popularly referred to as the Buy American Act, in the
case of any procurement of civil aircraft and related articles
of a country or instrumentality which is a party to the
Agreement on Trade in Civil Aircraft referred to in section
2(c) and approved under section 2(a).\23\ The President may
modify or withdraw any waiver granted pursuant to this section.
---------------------------------------------------------------------------
\22\ 19 U.S.C. 2513.
\23\ Sec. 342(a) of Public Law 103-465 (108 Stat. 4953) inserted
``referred to in section 2(c) and approved under section 2(a)'' after
``Civil Aircraft''.
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SEC. 304.\24\ EXPANSION OF THE COVERAGE OF THE AGREEMENT.
(a) Overall Negotiating Objective.--The President shall
seek in the renegotiations provided for in article XXIV(7) \25\
of the Agreement more open and equitable market access abroad,
and the harmonization, reduction, or elimination of devices
which distort trade or commerce related to Government
procurement, with the overall goal of maximizing the economic
benefit to the United States through maintaining and enlarging
foreign markets for products of United States agriculture,
industry, mining, and commerce, the development of fair and
equitable market opportunities, and open and nondiscriminatory
world trade. In carrying out the provisions of this subsection,
the President shall consider the assessment made in the report
required under section 306(a).
---------------------------------------------------------------------------
\24\ 19 U.S.C. 2514.
\25\ Sec. 342(b)(1) of Public Law 103-465 (108 Stat. 4953) struck
out ``part IX, paragraph 6'' and inserted in lieu thereof ``article
XXIV(7)'' in subsecs. (a) and (c). In both subsecs. (a) and (c), sec.
20(c)(11) of Public Law 104-295 (110 Stat. 3528) struck out the comma
after ``article XXIV(7)''.
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(b) Sector Negotiating Objectives.--The President shall
seek, consistent with the overall objective set forth in
subsection (a) and to the maximum extent feasible, with respect
to appropriate product sectors, competitive opportunities for
the export of United States products to the developed countries
of the world equivalent to the competitive opportunities
afforded by the United States, taking into account all barriers
to, and other distortions of, international trade affecting
that sector.
(c) Independent Verification Objective.--The President
shall seek to establish in the renegotiation provided for in
article XXIV(7) \25\ of the Agreement a system for independent
verification of information provided by parties to the
Agreement to the Committee on Government Procurement pursuant
to article XIX(5) \26\ of the Agreement.
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\26\ Sec. 342(b)(2) of Public Law 103-465 (108 Stat. 4953) struck
out ``part VI, paragraph 9'' and inserted in lieu thereof ``article
XIX(5)''. Sec. 20(c)(11)(B)(ii) of Public Law 104-295 (110 Stat. 3528)
struck out a comma after ``article XIX(5)''.
---------------------------------------------------------------------------
(d) Reports of Negotiations.--
(1) Report in the event of inadequate progress.--If,
during the renegotiations of the Agreement, the
President at any time determines that the
renegotiations are not progressing satisfactorily and
are not likely to result, within twelve months of the
commencement thereof, in an expansion of the Agreement
to cover purchases by the entities of the governments
of developed countries which are the principal
purchasers of goods and equipment in appropriate
product sectors, he shall so report to the
congressional committees referred to in section
302(c)(1). Taking into account the objectives set forth
in subsections (a) and (b) of this section and the
factors required to be analyzed under section 302(c),
the President shall further report to such committees
appropriate actions to seek reciprocity in such product
sectors with such countries in the area of Government
procurement.
(2) Legislative recommendations.--Taking into account
the factors required to be analyzed under section
302(c), the President may recommend to the Congress
legislation (with respect to entities of the Government
which are not covered by the Agreement) which may
prohibit such entities from purchasing products of such
countries.
(3) Annual reports.--Each annual report of the
President under section 163(a) of the Trade Act of 1974
made after the date of enactment of this Act shall
report the actions, if any the President deemed
appropriate to establish reciprocity in appropriate
product sectors with major industrial countries in the
area of government procurement.
(e) Extension of Nondiscrimination and National
Treatment.--Before exercising the waiver authority in section
301 for procurement not covered by the Agreement on the date it
enters into force with respect to the United States,\27\ the
President shall follow the consultation provisions of section
135 and chapter 6 of title I of the trade Act of 1974 for
private sector and congressional consultations.
---------------------------------------------------------------------------
\27\ Sec. 342(b)(3) of Public Law 103-465 (108 Stat. 4953) struck
out ``date of enactment of this Act'' and inserted in lieu thereof
``date it enters into force with respect to the United States''.
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SEC. 305.\28\ MONITORING AND ENFORCEMENT.
(a) Monitoring and Enforcement Structure Recommendations.--
In the preparation of the recommendations for the
reorganization of trade functions, the President shall insure
that careful consideration is given to monitoring and enforcing
the requirements of the Agreement and this title, with
particular regard to the tendering procedures required by the
Agreement or otherwise agreed to by a country or
instrumentality likely to be designated pursuant to section
301(b).
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\28\ 19 U.S.C. 2515.
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(b) Rules of Origin.--
(1) Advisory rulings and final determinations.--For
the purposes of this title, the Secretary of the
Treasury shall provide for the prompt issuance of
advisory rulings and final determinations on whether,
under section 308(4)(B), an article is or would be a
product of a foreign country or instrumentality
designated pursuant to section 301(b).\29\
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\29\ This responsibility of the Secretary of the Treasury was
transferred to the Secretary of Commerce, pursuant to sec. 5(a)(1) of
Reorganization Plan No. 3 of 1979 (International Trade). However, the
Secretary of Commerce shall consult the Secretary of the Treasury in
exercising this function.
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(2) Penalties for fraudulent conduct.--In addition to
any other provisions of law which may be applicable,
section 1001 of title 18, United States Code, shall
apply to fraudulent conduct with respect to the origin
of products for purposes of qualifying for a waiver
under section 301 or avoiding a prohibition under
section 302.
(c) Report to Congress on Rules of Origin.--
(1) Domestic administrative practices.--As soon as
practicable after the close of the two-year period
beginning on the date on which any waiver under section
301(a) first takes effect, the President shall prepare
and transmit to Congress a report containing an
evaluation of administrative practices under any
provision of law which requires determinations to be
made of the country of origin of goods, products,
commodities, or other articles of commerce. Such
evaluation shall be accompanied by the President's
recommendations for legislative and executive measures
required to improve and simplify and to make more
uniform and consistent such practices. Such evaluation
and recommendations shall take into account the special
problems affecting insular possessions of the United
States with respect to such practices.
(2) Foreign administrative practices.--The report
required under paragraph (1) shall contain an
evaluation of the administrative practices under the
laws of each major industrial country which require
determinations to be made of the country of origin of
goods, products, commodities, or other articles of
commerce, including an assessment of such practices on
the exports of the United States.
(d) \30\ Annual Report on Foreign Discrimination.--
(1) Annual report required.--The President shall, no
later than April 30 of each year,\31\ submit to the
appropriate committees of the House of Representatives
and the Committee on Governmental Affairs of the
Senate, as well as other appropriate Senate committees,
a report on the extent to which foreign countries
discriminate against United States products or services
in making government procurements.
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\30\ Sec. 7003 of the Omnibus Trade and Competitiveness Act of 1988
(Public Law 100-418; 102 Stat. 1548) added subsecs. (d) through (k).
\31\ Sec. 342(c) of Public Law 103-465 (108 Stat. 4953) struck out
``April 30, 1990, and annually on April 30 thereafter,'' and inserted
in lieu thereof ``April 30 of each year,''.
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(2) Identifications required.--In the annual report,
the President shall identify (and continue to identify
subject to subsections (f)(5) and (g)(3)) any
countries, other than least developed countries, that--
(A) are signatories to the Agreement and not
in compliance with the requirements of the
Agreement;
(B)(i) are signatories to the Agreement;
(ii) are in compliance with the Agreement
but, in the government procurement of products
or services not covered by the Agreement,
maintain a significant and persistent pattern
or practice of discrimination against United
States products or services which results in
identifiable harm to United States businesses;
and
(iii) whose products or services are acquired
in significant amounts by the United States
Government; \32\
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\32\ Sec. 20(c)(10) of Public Law 104-295 (110 Stat. 3528) struck
out ``or'' at the end of subpara. (B), and struck out a period at the
end of subpara. (C) and replaced it with a semicolon.
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(C)(i) are not signatories to the Agreement;
(ii) maintain, in government procurement, a
significant and persistent pattern or practice
of discrimination against United States
products or services which results in
identifiable harm to United States businesses;
and
(iii) whose products or services are acquired
in significant amounts by the United States
Government; \32\
(D) \33\ (i) are not signatories to the
Agreement;
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\33\ Sec. 341(c) of Public Law 103-465 (108 Stat. 4953) added
subparas. (D) and (E).
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(ii) fail to apply transparent and
competitive procedures to its government
procurement equivalent to those in the
Agreement; and
(iii) whose products or services are acquired
in significant amounts by the United States
Government; or
(E) \33\ (i) are not signatories to the
Agreement;
(ii) fail to maintain and enforce effective
prohibitions on bribery and other corrupt
practices in connection with government
procurement; and
(iii) whose products or services are acquired
in significant amounts by the United States
Government.
(3) Considerations in making identifications.--In
making the identifications required by paragraph (1),
the President shall--
(A) use the requirements of the Agreement,
government procurement practices, and the
effects of such practices on United States
businesses as a basis for evaluating whether
the procurement practices of foreign
governments do not provide fair market
opportunities for United States products or
services;
(B) take into account, among other factors,
whether and to what extent countries that are
signatories to the Agreement, and other
countries described in paragraph (1) of this
subsection--
(i) use sole-sourcing or otherwise
noncompetitive procedures for
procurements that could have been
conducted using competitive procedures;
(ii) conduct what normally would have
been one procurement as two or more
procurements, to decrease the
anticipated contract values below the
Agreement's value threshold or to make
the procurements less attractive to
United States businesses;
(iii) announce procurement
opportunities with inadequate time
intervals for United States businesses
to submit bids; and
(iv) use specifications in such a way
as to limit the ability of United
States suppliers to participate in
procurements; and
(C) use any other additional criteria deemed
appropriate, including the failure to maintain
and enforce effective prohibitions on bribery
and other corrupt practices in connection with
government procurement.\34\
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\34\ Sec. 341(c)(2) of Public Law 103-465 (108 Stat. 4953) added
text to the end of the sentence beginning with ``, including the
failure''.
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(4) Contents of reports.--The reports required by
this subsection shall include, with respect to each
country identified under subparagraph (A), (B), or (C)
of paragraph (1), the following:
(A) a description of the specific nature of
the discrimination, including (for signatory
countries) any provision of the Agreement with
which the country is not in compliance;
(B) an identification of the United States
products or services that are affected by the
noncompliance or discrimination;
(C) an analysis of the impact of the
noncompliance or discrimination on the commerce
of the United States and the ability of United
States companies to compete in foreign
government procurement markets; and
(D) a description of the status, action
taken, and disposition of cases of
noncompliance or discrimination identified in
the preceding annual report with respect to
such country.
(5) Information and advice from government agencies
and united states businesses.--In developing the annual
reports required by this subsection, the President
shall seek information and advice from executive
agencies through the interagency trade organization
established under section 242(a) of the Trade Expansion
Act of 1962, and from United States businesses in the
United States and in countries that are signatories to
the Agreement and in other foreign countries whose
products or services are acquired in significant
amounts by the United States Government.
(6) Impact of noncompliance.--The President shall
take into account, in identifying countries in the
annual report and in any action required by this
section, the relative impact of any noncompliance with
the Agreement or of other discrimination on United
States commerce and the extent to which such
noncompliance or discrimination has impeded the ability
of United States suppliers to participate in
procurements on terms comparable to those available to
suppliers of the country in question when seeking to
sell goods or services to the United States Government.
(7) Impact on procurement costs.--Such report shall
also include an analysis of the impact on United States
Government procurement costs that may occur as a
consequence of any sanctions that may be required by
subsection (f) or (g) of this section.
(e) \30\ Consultation.--No later than the date the annual
report is submitted under subsection (d)(1), the United States
Trade Representative, on behalf of the United States, shall
request consultations with any countries identified in the
report to obtain their compliance with the Agreement or the
elimination of their discriminatory procurement practices
unless the country is identified as discriminatory pursuant to
section 305(d)(1) in the preceding annual report.
(f) \30\ Procedures With Respect to Violations of the
Agreement.--
(1) Initiation of dispute settlement procedures.--If,
within 60 days after the annual report is submitted
under subsection (d)(1), a signatory country identified
pursuant to subsection (d)(1)(A) has not complied with
the Agreement, then the United States Trade
Representative shall promptly request proceedings on
the matter under the formal dispute settlement
procedures provided under the Agreement unless such
proceedings are already underway pursuant to the
identification of the signatory country under section
305(d)(1) as not in compliance in a preceding annual
report.
(2) Settlement of disputes.--If, before the end of
the 18 months \35\ following the initiation of dispute
settlement procedures--
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\35\ Sec. 341(a)(1) of Public Law 103-465 (108 Stat. 4952) struck
out ``a year'' and inserted in lieu thereof ``the 18 months''.
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(A) the other participant to the dispute
settlement procedures has complied with the
Agreement,
(B) the other participant to the procedures
takes the action recommended as a result of the
procedures to the satisfaction of the
President,\36\
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\36\ Secs. 341(a)(2), (3), and (4) of Public Law 103-465 (108 Stat.
4952) struck out ``or'' at the end of subpara. (B), redesignated
subpara. (C) as subpara. (D), and added a new subpara. (C).
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(C) \36\ the procedures result in a
determination providing a specific period of
time for the other participant to bring its
practices into compliance with the Agreement,
or
(D) \36\ the procedures result in a
determination requiring no action by the other
participant,
the President shall take no action to limit Government
procurement from that participant.
(3) \37\ Sanctions after dispute resolution fails.--
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\37\ Sec. 341(b)(1) of Public Law 103-465 (108 Stat. 4952) amended
and restated para. (3).
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(A) Failures resulting in sanctions.--If--
(i) within 18 months from the date
dispute settlement procedures are
initiated with a signatory country
pursuant to this section--
(I) such procedures are not
concluded, or
(II) the country has not met
the requirements of
subparagraph (A) or (B) of
paragraph (2), or
(ii) the period of time provided for
pursuant to paragraph (2)(C) has
expired and procedures for suspending
concessions under the Agreement have
been completed, then the sanctions
described in subparagraph (B) shall be
imposed.
(B) Sanctions.--
(i) In general.--If subparagraph (A)
applies to any signatory country--
(I) the signatory country
shall be considered as a
signatory not in good standing
of the Agreement and the
prohibition on procurement
contained in section 4 of the
Act of March 3, 1933 (41 U.S.C.
10b-1) shall apply to such
country, and
(II) the President shall
revoke the waiver of
discriminatory purchasing
requirements granted to the
signatory country pursuant to
section 301(a).
(ii) Time sanctions are imposed.--Any
sanction--
(I) described in clause
(i)(I) shall apply from the
date that is the last day of
the 18-month period described
in subparagraph (A)(i) or, in
the case of paragraph (2)(C),
from the date procedures for
suspending concessions under
the Agreement have been
completed, and
(II) described in clause
(i)(II) shall apply beginning
on the day after the date
described in subclause (I).
(4) Withholding and modification of sanctions.--If
the President determines that imposing or continuing
the sanctions required by subclause (I) or (II) of
paragraph (3)(B)(i) \38\ would harm the public interest
of the United States, the President may, to the extent
necessary to apply appropriate limitations that are
equivalent, in their effect, to the noncompliance with
the Agreement by that signatory country--
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\38\ Sec. 341(b)(2) of Public Law 103-465 (108 Stat. 4952) struck
out ``subparagraph (A) or (B) of paragraph (3)'' and inserted in lieu
thereof ``subclause (I) or (II) of paragraph (3)(B)(i)''.
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(A) withhold the imposition of either (but
not both) of such sanctions;
(B) modify or restrict the application of
either or both such sanctions, subject to such
terms and conditions as the President considers
appropriate; or
(C) take any combination of the actions
permitted by subparagraph (A) or (B) of this
paragraph.
(5) Termination of sanctions and reinstatement of
waivers.--The President may terminate the sanctions
imposed under paragraph (3) or (4), reinstate the
waiver of discriminatory purchasing requirements
granted to that signatory country pursuant to section
301(a) of this Act, and remove that country from the
report under subsection (d)(1) of this section at such
time as the President determines that--
(A) the signatory country has complied with
the Agreement;
(B) the signatory country has taken
corrective action as a result of the dispute
settlement procedures to the satisfaction of
the President; or
(C) the dispute settlement procedures result
in a determination requiring no action by the
other signatory country.
(g) \30\ Procedures With Respect to Other Discrimination.--
(1) Imposition of sanctions.--If, within 60 days
after the annual report is submitted under subsection
(d)(1), a country that is identified pursuant to
subparagraph (B), (C), (D), or (E) \39\ of subsection
(d)(2) \40\ has not eliminated the practices regarding
government procurement identified under subparagraph
(B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may
be) \41\ of subsection (d)(2),\42\ then, on the day
after the end of such 60-day period--
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\39\ Sec. 343(c)(1)(A) of Public Law 103-465 (108 Stat. 4955)
struck out ``(B) or (C)'' and inserted in lieu thereof ``(B), (C), (D),
or (E)''.
\40\ Sec. 20(c)(13)(A)(i) of Public Law 104-295 (110 Stat. 3528)
struck out ``of such subsection'' and inserted in lieu thereof ``of
subsection (d)(2)''.
\41\ Sec. 343(c)(1)(B) of Public Law 103-465 (108 Stat. 4955)
struck out ``their discriminatory procurement practices'' and inserted
in lieu thereof ``the practices regarding government procurement
identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as
the case may be)''.
\42\ Sec. 20(c)(13)(A)(ii) of Public Law 104-295 (110 Stat. 3528)
inserted ``of subsection (d)(2)'' after ``(as the case may be)''.
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(A) \43\ the President shall identify such
country as a country that maintains, in
government procurement, a significant and
persistent pattern or practice of
discrimination against United States products
or services which results in identifiable harm
to United States businesses; and
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\43\ On June 29, 1993, the President issued a determination which
delegated authority to the USTR to ``formally identify Japan as a
country that discriminates against U.S. products or services in
government procurement of construction, architectural, and engineering
services'', and furthermore, ``to impose, modify, or restrict sanctions
in response to the discrimination so identified.'' (58 F.R. 35357).
This authority was continued several times, most recently through
October 7, 1994 (59 F.R. 50477).
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(B) the prohibition on procurement contained
in section 4 of the Act of March 3, 1933, shall
apply to such country.
(2) Withholding and modification of sanctions.--If
the President determines that imposing or continuing
the sanction required by paragraph (1) would harm the
public interest of the United States, the President
may, to the extent necessary to impose appropriate
limitations that are equivalent, in their effect, to
the discrimination against United States products or
services in government procurement by that country,
modify or restrict the application of such sanction,
subject to such terms and conditions as the President
considers appropriate.
(3) Termination of sanctions.--The President may
terminate the sanctions imposed under paragraph (1) or
(2) and remove a country from the report under
subsection (d)(1) at such time as the President
determines that the country has eliminated the
practices regarding government procurement identified
under subparagraph (B)(ii), (C)(ii), (D)(ii), or
(E)(ii) (as the case may be) of subsection (d)(2) \44\.
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\44\ Sec. 343(c)(2) of Public Law 103-465 (108 Stat. 4955) struck
out ``discrimination identified pursuant to subsection (d)(2) (B) or
(C)'' and inserted in lieu thereof ``the practices regarding government
procurement identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or
(E)(ii) (as the case may be)'', resulting in a double ``the''. Sec.
20(c)(13)(B) of Public Law 104-295 (110 Stat. 3529) struck out ``the
the'' and inserted in lieu thereof ``the'', and inserted ``of
subsection (d)(2)'' after ``(as the case may be)''.
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(h) \30\ Limitations on Imposing Sanctions.--
(1) Avoiding adverse impact on competition.--The
President shall not take any action under subsection
(f) or (g) of this section if the President determines
that such action--
(A) would limit the procurement or class of
procurements to, or would establish a
preference for, the products or services of a
single manufacturer or supplier; or
(B) would, with respect to any procurement or
class of procurements, result in an
insufficient number of potential or actual
bidders to assure procurement of services,
articles, materials, or supplies of requisite
quality at competitive prices.
(2) Advice from u.s. agencies and businesses.--The
President, in taking any action under this subsection
to limit government procurements from foreign
countries, shall seek the advice of executive agencies
through the interagency trade organization established
under section 242(a) of the Trade Expansion Act of 1962
and the advice of United States businesses and other
interested parties.
(i) \30\ Renegotiation To Secure Full and Open Competition.--
The President shall instruct the United States Trade
Representative, in conducting renegotiations of the Agreement,
to seek improvements in the Agreement that will secure full and
open competition consistent with the requirements imposed by
the amendments made by the Competition in Contracting Act
(Public Law 98-369; 98 Stat. 1175).
(j) \30\ Federal Register Notices of Actions.--
(1) Notices required.--A notice shall be published in
the Federal Register on the date of any action under
this section, describing--
(A) the results of dispute settlement
proceedings under subsection (f)(2);
(B) any sanction imposed under subsection
(f)(3) or (g)(1);
(C) any withholding, modification, or
restriction of any sanction under subsection
(f)(4) or (g)(2); and
(D) the termination of any sanction under
subsection (f)(5) or (g)(3).
(2) Publication of determinations lifting
sanctions.--A notice describing the termination of any
sanction under subsection (f)(5) or (g)(3) shall
include a copy of the President's determination under
such subsection.
(k) \30\ General Report on Actions Under This Section.--
(1) Advice to the congress.--The President shall, as
necessary, advise the Congress and, by no later than
April 30, 1994, submit to the appropriate committees of
the House of Representatives, and to the Committee on
Governmental Affairs and other appropriate committees
of the Senate, a general report on actions taken
pursuant to this section.
(2) Contents of report.--The general report required
by this subsection shall include an evaluation of the
adequacy and effectiveness of actions taken pursuant to
subsections (e), (f), and (g) of this section as a
means toward eliminating discriminatory government
procurement practices against United States businesses.
(3) Legislative recommendations.--The general report
may also include, if appropriate, legislative
recommendations for enhancing the usefulness of this
section or for other measures to be used as means for
eliminating or responding to discriminatory foreign
government procurement practices.
SEC. 306.\45\ LABOR SURPLUS AREA STUDIES * * * [REPEALED--1994]
SEC. 307.\46\ AVAILABILITY OF INFORMATION TO CONGRESSIONAL ADVISERS.
The United States Trade Representative \47\ shall make
available to the Members of Congress designated as official
advisers pursuant to section 161 of the Trade Act of 1974
information compiled by the Committee on Government Procurement
under article XIX(5),\48\ of the Agreement.
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\45\ Formerly at 19 U.S.C. 2516. Repealed by sec. 7206(c) of Public
Law 103-355 (108 Stat. 3382). Repealed again by sec. 342(d) of Public
Law 103-465 (108 Stat. 4953).
\46\ 19 U.S.C. 2517.
\47\ Sec. 1(1)(b) of the Reorganization Plan No. 3 of 1979 (44 F.R.
69273) struck out ``Special Representative for Trade Negotiations'' and
inserted in lieu thereof ``United States Trade Representative''.
\48\ Sec. 342(e) of Public Law 103-465 (108 Stat. 4953) struck out
``part VI, paragraph 9'' and inserted in lieu thereof ``article
XIX(5)''.
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SEC. 308.\49\ DEFINITIONS.
As used in this title--
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\49\ 19 U.S.C. 2518.
---------------------------------------------------------------------------
(1) Agreement.--The term ``Agreement'' means the
Agreement on Government Procurement referred to in
section 101(d)(17) of the Uruguay Round Agreements
Act,\50\ as submitted to the Congress, but including
rectifications, modifications, and amendments which are
accepted by the United States.
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\50\ Sec. 342(f)(1) of Public Law 103-465 (108 Stat. 4953) struck
out ``section 2(c) of this Act'' and inserted in lieu thereof ``section
101(d)(17) of the Uruguay Round Agreements Act''.
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(2) Civil aircraft.--The term ``civil aircraft and
related articles'' means--
(A) all aircraft other than aircraft to be
purchased for use by the Department of Defense
or the United States Coast Guard;
(B) the engines (and parts and components for
incorporation therein) of such aircraft;
(C) any other parts, components, and
subassemblies for incorporation in such
aircraft; and
(D) any ground flight simulators, and parts
and components thereof, for use with respect to
such aircraft,
whether to be purchased for use as original or
replacement equipment in the manufacture, repair,
maintenance, rebuilding, modification, or conversion of
such aircraft, and without regard to whether such
aircraft or articles receive duty-free treatment
pursuant to section 601(a)(2).
(3) Developed countries.--The term ``developed
countries'' means countries so designated by the
President.
(4) Eligible products.--
(A) \51\ In general.--The term ``eligible
product'' means, with respect to any foreign
country or instrumentality that is--
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\51\ Sec. 381(c) of the NAFTA Implementation Act (Public Law 103-
182; 107 Stat. 2129) amended and restated subpara. (A). It formerly
read as follows:
``(A) In general.--The term `eligible product' means, with respect
to any foreign country or instrumentality, a product or service of that
country or instrumentality which is covered under the Agreement for
procurement by the United States.''.
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(i) a party to the Agreement, a
product or service of that country or
instrumentality which is covered under
the Agreement for procurement by the
United States; \52\
---------------------------------------------------------------------------
\52\ Sec. 401 of the United States-Australia Free Trade Agreement
Implementation Act (Public Law 108-286; 118 Stat. 950) struck out
``or'' at the end of clause (i), struck out a period at the end of
clause (ii) and inserted in lieu thereof ``; or'', and added clause
(iii).
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(ii) a party to the North American
Free Trade Agreement, a product or
service of that country or
instrumentality which is covered under
the North American Free Trade Agreement
for procurement by the United States;
\52\, \53\
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\53\ Sec. 401 of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (Public Law 109-53; 119
Stat. 495) struck out ``or'' at the end of clause (ii), struck out a
period at the end of clause (iii) and inserted in lieu thereof ``;
or'', and added clause (iv).
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(iii) \52\ a party to a free trade
agreement that entered into force with
respect to the United States after
December 31, 2003, and before January
2, 2005, a product or service of that
country or instrumentality which is
covered under the free trade agreement
for procurement by the United States;
\53\, \54\
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\54\ Sec. 401 of the United States-Bahrain Free Trade Agreement
Implementation Act (Public Law 109-169; 119 Stat. 3599) struck out
``or'' at the end of clause (iii), struck out a period at the end of
clause (iv) and inserted in lieu thereof ``; or'', and added clause
(v).
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(iv) \53\ a party to the Dominican
Republic-Central America-United States
Free Trade Agreement, a product or
service of that country or
instrumentality which is covered under
that Agreement for procurement by the
United States; or \54\
(v) \54\ a party to a free trade
agreement that entered into force with
respect to the United States after
December 31, 2005, and before July 2,
2006, a product or service of that
country or instrumentality which is
covered under the free trade agreement
for procurement by the United States.
(B) Rule of origin.--An article is a product
of a country or instrumentality only if (i) it
is wholly the growth, product, or manufacture
of that country or instrumentality, or (ii) in
the case of an article which consists in whole
or in part of materials from another country or
instrumentality, it has been substantially
transformed into a new and different article of
commerce with a name, character, or use
distinct from that of the article or articles
from which it was so transformed.
(C) \55\ Lowered threshold for certain
products as a consequence of united states-
israel free trade area provisions.--The term
``eligible product'' includes a product or
service of Israel for which the United States
is obligated to waive Buy National restrictions
under--
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\55\ Sec. 7 of the United States-Israel Free Trade Area
Implementation Act of 1985 (Public Law 99-47; 99 Stat. 84) added
subpara. (C).
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(i) the Agreement on the
Establishment of a Free Trade Area
between the Government of the United
States of America and the Government of
Israel, regardless of the thresholds
provided for in the Agreement (as
defined in paragraph (1)), or
(ii) any subsequent agreement between
the United States and Israel which
lowers on a reciprocal basis the
applicable threshold for entities
covered by the Agreement.\56\
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\56\ Sec. 342(f)(2)(A) of Public Law 103-465 (108 Stat. 4953)
struck out ``having a contract value of $50,000 or more which would be
covered for procurement by the United States under the Agreement on
Government Procurements as in effect on the date on which the Agreement
on the Establishment of a Free Trade Area between the Government of
Israel enters into force, but for the SDR 150,000 threshold provided
for in article I(1)(b) of the Agreement on Government Procurement.''
and added text beginning ``for which the United States is obligated''.
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(D) \57\ Lowered threshold for certain
products as a consequence of united states-
canada free-trade agreement.--Except as
otherwise agreed by the United States and
Canada under paragraph 3 of article 1304 of the
United States-Canada Free-Trade Agreement, the
term ``eligible product'' includes a product or
service of Canada having a contract value of
$25,000 or more that would be covered for
procurement by the United States under the
Agreement (as defined in paragraph (1)), but
for the thresholds provided for in the
Agreement.\58\
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\57\ Sec. 306 of the United States-Canada Free-Trade Agreement
Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1876) added
subpara. (D).
\58\ Sec. 342(f)(2)(B) of Public Law 103-465 (108 Stat. 4954)
struck out ``GATT Agreement on Government Procurement, but for the SDR
threshold provided for in article I(1)(b) of the GATT Agreement on
Government Procurement.'' and inserted in lieu thereof ``the Agreement
(as defined in paragraph (1)), but for the thresholds provided for in
the Agreement.'', resulting in a double ``the''. Sec. 20(c)(12) of
Public Law 104-295 (110 Stat. 3528) struck out ``the the'' and inserted
in lieu thereof ``the''.
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(5) Instrumentality.--The term ``instrumentality''
shall not be construed to include an agency or division
of the government of a country, but may be construed to
include such arrangements as the European Economic
Community.
(6) Least developed country.--The term ``least
developed country'' means any country on the United
Nations General Assembly list of least developed
countries.
(7) Major industrial country.--The term ``major
industrial country'' means any such country as defined
in section 126 of the Trade Act of 1974 and any
instrumentality of such a country.\59\
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\59\ Such definition in sec. 126 of the Trade Act of 1974 includes
``Canada, the European Economic Community, the individual member
countries of such Community, Japan, and any other foreign country
designated by the President''.
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SEC. 309.\60\ EFFECTIVE DATES.
The provisions of this title shall be effective on the date
of enactment of this Act, except that--
---------------------------------------------------------------------------
\60\ 19 U.S.C. 2511 note.
---------------------------------------------------------------------------
(1) the authority of the President to grant waivers
under section 303 shall be effective on January 1,
1980; and
(2) the authority of the President to grant waivers
under section 301 shall be effective on January 1,
1981.
TITLE IV--TECHNICAL BARRIERS TO TRADE (STANDARDS)
Subtitle A--Obligations of the United States
SEC. 401.\61\ CERTAIN STANDARDS-RELATED ACTIVITIES.
(a) \62\ No Bar To Engaging in Standards Activity.--Nothing
in this title may be construed--
---------------------------------------------------------------------------
\61\ 19 U.S.C. 2531.
\62\ Sec. 351(b) of Public Law 103-465 (108 Stat. 4955) added a new
subsec. (a), and redesignated the previous language as subsec. (b), by
striking ``Nothing'' and inserting in lieu thereof ``(b) Unnecessary
Obstacles.--Nothing''.
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(1) to prohibit a Federal agency from engaging in
activity related to standards-related measures,
including any such measure relating to safety, the
protection of human, animal, or plant life or health,
the environment, or consumers; or
(2) to limit the authority of a Federal agency to
determine the level it considers appropriate of safety
or of protection of human, animal, or plant life or
health, the environment, or consumers.
(b) \62\ Unnecessary Obstacles.--Nothing in this title may
be construed as prohibiting any private person, Federal agency,
or State agency from engaging in standards-related activities
that do not create unnecessary obstacles to the foreign
commerce of the United States. No standards-related activity of
any private person, Federal agency, or State agency shall be
deemed to constitute an unnecessary obstacle to the foreign
commerce of the United States if the demonstrable purpose of
the standards-related activity is to achieve a legitimate
domestic objective including, but not limited to, the
protection of legitimate health or safety, essential security,
environmental, or consumer interests and if such activity does
not operate to exclude imported products which fully meet the
objectives of such activity.
SEC. 402.\63\ FEDERAL STANDARDS-RELATED ACTIVITIES.
No Federal agency may engage in any standards-related
activity that creates unnecessary obstacles to the foreign
commerce of the United States, including, but not limited to,
standards-related activities that violate any of the following
requirements:
---------------------------------------------------------------------------
\63\ 19 U.S.C. 2532.
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(1) Nondiscriminatory treatment.--Each Federal agency
shall ensure, in applying standards-related activities
with respect to any imported product, that such product
is treated no less favorably than are like domestic or
imported products, including, but not limited to, when
applying tests or test methods, no less favorable
treatment with respect to--
(A) the acceptance of the product for testing
in comparable situations;
(B) the administration of the tests in
comparable situations;
(C) the fees charged for tests;
(D) the release of test results to the
exporter, importer, or agents;
(E) the siting of testing facilities and the
selection of samples for testing; and
(F) the treatment of confidential information
pertaining to the product.
(2) Use of international standards.--
(A) In general.--Except as provided in
subparagraph (B)(ii), each Federal agency, in
developing standards, shall take into
consideration international standards and
shall, if appropriate, base the standards on
international standards.
(B) Application of requirement.--For purposes
of this paragraph, the following apply:
(i) International standards not
appropriate.--The reasons for which the
basing of a standard on an
international standard may not be
appropriate include, but are not
limited to, the following:
(I) National security
requirements.
(II) The prevention of
deceptive practices.
(III) The protection of human
health or safety, animal or
plant life or health, or the
environment.
(IV) Fundamental climatic or
other geographical factors.
(V) Fundamental technological
problems.
(ii) Regional standards.--In
developing standards, a Federal agency
may, but is not required to, take into
consideration any international
standard promulgated by an
international standards organization
the membership of which is described in
section 451(6)(A)(ii).
(3) Performance criteria.--Each Federal agency shall,
if appropriate, develop standards based on performance
criteria, such as those relating to the intended use of
a product and the level of performance that the product
must achieve under defined conditions, rather than on
design criteria, such as those relating to the physical
form of the product or the types of material of which
the product is made.
(4) Access \64\ for foreign suppliers.--Each Federal
agency shall, with respect to any conformity assessment
procedure \65\ used by it, permit access for obtaining
an assessment of conformity and the mark of the system,
if any,\66\ to foreign suppliers of a product on the
same basis as access is permitted to suppliers of like
products whether of domestic or foreign origin.
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\64\ Sec. 351(c)(1) of Public Law 103-465 (108 Stat. 4956) struck
out ``Certification access'' and inserted in lieu thereof ``Access''.
\65\ Sec. 351(c)(2) of Public Law 103-465 (108 Stat. 4956) struck
out ``certification system'' and inserted in lieu thereof ``conformity
assessment procedure''.
\66\ Sec. 351(c)(3) of Public Law 103-465 (108 Stat. 4956) struck
out ``certification under that system'' and inserted in lieu thereof
``an assessment of conformity and the mark of the system, if any''.
Sec. 20(c)(14) of Public Law 104-295 (110 Stat. 3529) inserted a comma
after ``if any''.
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SEC. 403.\67\ STATE AND PRIVATE STANDARDS-RELATED ACTIVITIES.
(a) In General.--It is the sense of the Congress that no
State agency and no private person should engage in any
standards-related activity that creates unnecessary obstacles
to the foreign commerce of the United States.
---------------------------------------------------------------------------
\67\ 19 U.S.C. 2533.
---------------------------------------------------------------------------
(b) Presidential Action.--The President shall take such
reasonable measures as may be available to promote the
observance by State agencies and private persons, in carrying
out standards-related activities, or requirements equivalent to
those imposed on Federal agencies under section 402, and of
procedures that provide for notification, participation and
publication with respect to such activities.
Subtitle B--Functions of Federal Agencies
SEC. 411.\68\ FUNCTIONS OF TRADE REPRESENTATIVE.
(a) In General.--The Trade Representative \69\ shall
coordinate the consideration of international trade policy
issues that arise as a result of, and shall develop
international trade policy as it relates to, the implementation
of this title.
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\68\ 19 U.S.C. 2541. Sec. 351(b)(2)(B) of the NAFTA Implementation
Act (Public Law 103-182; 107 Stat. 2122) struck out ``special
representative'' in the section catchline and inserted in lieu thereof
``trade representative''. Sec. 1(1)(b) of the Reorganization Plan No. 3
of 1979 (44 F.R. 69273), however, had made the same amendment.
\69\ Sec. 1(b)(1) of the Reorganization Plan No. 3 of 1979 (44 F.R.
69273) redesignated the Special Representative for Trade Negotiations
as the United States Trade Representative. Subsequently, sec.
351(b)(2)(A) of the NAFTA Implementation Act (Public Law 103-182; 107
Stat. 2122) struck out ``Special Representative'' each place it
appeared in title IV and inserted in lieu thereof ``Trade
Representative''. Sec. 21(b)(2) of Public Law 104-295 (110 Stat. 3530)
also struck out ``Special Representative'' and inserted in lieu thereof
``Trade Representative'' in subsec. (c).
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(b) Negotiating Functions.--The Trade Representative \69\
has responsibility for coordinating United States discussions
and negotiations with foreign countries for the purpose of
establishing mutual arrangements with respect to standards-
related activities. In carrying out this responsibility, the
Trade Representative \69\ shall inform and consult with any
Federal agency having expertise in the matters under discussion
and negotiation.
(c) Cross Reference.--
For provisions of law regarding general authority of
the Trade Representative \69\ with respect to trade
agreements, see section 141 of the Trade Act of 1974
(19 U.S.C. 2171).
SEC. 412.\70\ ESTABLISHMENT AND OPERATION OF TECHNICAL OFFICES.
(a) Establishment.--
---------------------------------------------------------------------------
\70\ 19 U.S.C. 2542.
---------------------------------------------------------------------------
(1) For nonagricultural products.--The Secretary of
Commerce shall establish and maintain within the
Department of Commerce a technical office that shall
carry out the functions prescribed under subsection (b)
with respect to nonagricultural products.
(2) For agricultural products.--The Secretary of
Agriculture shall establish and maintain within the
Department of Agriculture a technical office that shall
carry out the functions prescribed under subsection (b)
with respect to agricultural products.
(b) Functions of Offices.--The President shall prescribe
for each technical office established under subsection (a) such
functions as the President deems necessary or appropriate to
implement this title.
SEC. 413.\71\ REPRESENTATION OF UNITED STATES INTERESTS BEFORE
INTERNATIONAL STANDARDS ORGANIZATIONS.
(a) Oversight and Consultation.--The Secretary concerned
shall--
---------------------------------------------------------------------------
\71\ 19 U.S.C. 2543.
---------------------------------------------------------------------------
(1) inform, and consult and coordinate with, the
Trade Representative \69\ with respect to international
standards-related activities identified under paragraph
(2);
(2) keep adequately informed regarding international
standards-related activities and identify those that
may substantially affect the commerce of the United
States; and
(3) carry out such functions as are required under
subsections (b) and (c).
(b) Representation of United States Interests by Private
Persons.--
(1) Definitions.--For purposes of this subsection--
(A) Organization member.--The term
``organization member'' means the private
person who holds membership in a private
international standards organization.
(B) Private international standards
organization.--The term ``Private international
standards organization'' means any
international standards organization before
which the interests of the United States are
represented by a private person who is
officially recognized by that organization for
such purpose.
(2) In general.--Except as otherwise provided for in
this subsection, the representation of United States
interests before any private international standards
organization shall be carried out by the organization
member.
(3) Inadequate representation.--If the Secretary
concerned, after inquiry instituted on his own motion
or at the request of any private person, Federal
agency, or State agency having an interest therein, has
reason to believe that the participation by the
organization member in the proceedings of a private
international standards organization will not result in
the adequate representation of United States interests
that are, or may be, affected by the activities of such
organization (particularly with regard to the potential
impact of any such activity on the international trade
of the United States), the Secretary concerned shall
immediately notify the organization member concerned.
During any such inquiry, the Secretary concerned may
solicit and consider the advice of the appropriate
representatives referred to in section 417.
(4) Action by organization member.--If within the 90-
day period after the date on which notification is
received under paragraph (3) (or such shorter period as
the Secretary concerned determines to be necessary in
extraordinary circumstances), the organization member
demonstrates to the Secretary concerned its willingness
and ability to represent adequately United States
interests before the private international standards
organization, the Secretary concerned shall take no
further action under this subsection.
(5) Action by secretary concerned.--If--
(A) within the appropriate period referred to
in paragraph (4), the organization member does
not respond to the Secretary concerned with
respect to the notification, or does respond
but does not demonstrate to the Secretary
concerned the requisite willingness and ability
to represent adequately United States
interests; or
(B) there is no organization member of the
private international standards organization;
the Secretary concerned shall make appropriate
arrangements to provide for the adequate representation
of United States interests. In cases where subparagraph
(A) applies, such provision shall be made by the
Secretary concerned through the appropriate
organization member if the private international
standards organization involved requires representation
by that member.
(c) Representation of United States Interests by Federal
Agencies.--With respect to any international standards
organization before which the interests of the United States
are represented by one or more Federal agencies that are
officially recognized by that organization for such purpose,
the Secretary concerned shall--
(1) encourage cooperation among interested Federal
agencies with a view toward facilitating the
development of a uniform position with respect to the
technical activities with which the organization is
concerned;
(2) encourage such Federal agencies to seek
information from, and to cooperate with, the affected
domestic interests when undertaking such
representation; and
(3) not preempt the responsibilities of any Federal
agency that has jurisdiction with respect to the
activities undertaken by such organization, unless
requested to do so by such agency.
SEC. 414.\72\ STANDARDS INFORMATION CENTER.
(a) Establishment.--The Secretary of Commerce shall
maintain within the Department of Commerce a standards
information center.
---------------------------------------------------------------------------
\72\ 19 U.S.C. 2544.
---------------------------------------------------------------------------
(b) Functions.--The standards information center shall--
(1) serve as the central national collection facility
for information relating to (A) \73\ standards,
technical regulations, conformity assessment
procedures,\74\ and standards-related activities,
whether such standards, technical regulations,
conformity assessment procedures,\75\ or activities are
public or private, domestic or foreign, or
international, regional, national, or local and (B) the
membership and participation of Federal, State, or
local government bodies or private bodies in the United
States in international and regional standardizing
bodies and conformity assessment systems, as well as in
bilateral and multilateral arrangements concerning
standards-related activities.\76\
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\73\ Sec. 351(d)(1) of Public Law 103-465 (108 Stat. 4956) inserted
``(A)'' after ``relating to''.
\74\ Sec. 351(d)(2) of Public Law 103-465 (108 Stat. 4956) struck
out ``certification systems'' and inserted in lieu thereof ``technical
regulations, conformity assessment procedures,''.
\75\ Sec. 351(d)(3) of Public Law 103-465 (108 Stat. 4956) struck
out ``such standards, systems'' and inserted in lieu thereof ``such
standards, technical regulations, conformity assessment procedures,'',
resulting in a double comma. Sec. 20(c)(15) of Public Law 104-295 (110
Stat. 3529) struck out the second comma.
\76\ Sec. 351(d)(4) of Public Law 103-465 (108 Stat. 4956) inserted
``and (B) the membership and participation of Federal, State, or local
government bodies or private bodies in the United States in
international and regional standardizing bodies and conformity
assessment systems, as well as in bilateral and multilateral
arrangements concerning standards-related activities'' after ``local''.
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(2) make available to the public at such reasonable
fee as the Secretary shall prescribe, copies of
information required to be collected under paragraph
(1) other than information to which paragraph (3)
applies;
(3) use its best efforts to make available to the
public, at such reasonable fees as the Secretary shall
prescribe, copies of information required to be
collected under paragraph (1) that is of private
origin, on a cooperative basis with the private
individual or entity, foreign or domestic, who holds
the copyright on the information;
(4) in case of such information that is of foreign
origin, provide, at such reasonable fee as the
Secretary shall prescribe, such translation services as
may be necessary;
(5) serve as the inquiry point for requests for
information regarding standards-related activities,
whether adopted or proposed, within the United States,
except that in carrying out this paragraph, the
Secretary of Commerce shall refer all inquiries
regarding agricultural products to the technical office
established under section 412(a)(2) within the
Department of Agriculture; and
(6) provide such other services as may be
appropriate, including but not limited to, such
services to the technical offices established under
section 412 as may be requested by those offices in
carrying out their functions.
(c) \77\ Sanitary and Phytosanitary Measures.--
---------------------------------------------------------------------------
\77\ Sec. 431(a) of Public Law 103-465 (108 Stat. 4966) added
subsec. (c).
---------------------------------------------------------------------------
(1) Public information.--The standards information
center shall, in addition to the functions specified
under subsection (b), make available to the public
relevant documents, at such reasonable fees as the
Secretary of Commerce may prescribe, and information
regarding--
(A) any sanitary or phytosanitary measure of
general application, including any inspection
procedure or approval procedure proposed,
adopted, or maintained by a Federal agency or
agency of a State or local government;
(B) the procedures of a Federal agency or an
agency of a State or local government for risk
assessment and factors the agency considers in
conducting the assessment;
(C) the determination of the levels of
protection that a Federal agency or an agency
of a State or local government considers
appropriate; and
(D) the membership and participation of the
Federal Government and State and local
governments in international and regional
sanitary and phytosanitary organizations and
systems, and in bilateral and multilateral
arrangements regarding sanitary and
phytosanitary measures, and the provisions of
those systems and arrangements.
(2) Definitions.--The definitions in section 463
apply for purposes of this subsection.
SEC. 415.\78\ CONTRACTS AND GRANTS.
(a) In General.--For purposes of carrying out this title,
and otherwise encouraging compliance with the Agreement, the
Trade Representative \69\ and the Secretary concerned may each,
with respect to functions for which responsible under this
title, make grants to, or enter into contracts with, any other
Federal agency, any State agency, or any private person, to
assist such agency or person to implement appropriate programs
and activities, including, but not limited to, programs and
activities--
---------------------------------------------------------------------------
\78\ 19 U.S.C. 2545.
---------------------------------------------------------------------------
(1) to increase awareness of proposed and adopted
standards-related activities;
(2) to facilitate international trade through the
appropriate international and domestic standards-
related activities;
(3) to provide, if appropriate, and pursuant to
section 413, adequate United States representation in
international standards-related activities; and
(4) to encourage United States exports through
increased awareness of foreign standards-related
activities that may affect United States exports.
No contract entered into under this section shall be effective
except to such extent, and in such amount, as is provided in
advance in appropriation Acts.
(b) Terms and Conditions.--Any contract entered into, or
any grant made, under subsection (a) shall be subject to such
terms and conditions as the Trade Representative \69\ or
Secretary concerned shall by regulation prescribe as being
necessary or appropriate to protect the interests of the United
States.
(c) Limitations.--Financial assistance extended under this
section shall not exceed 75 percent of the total costs (as
established by the Trade Representative \69\ or Secretary
concerned, as the case may be) of the program or activity for
which assistance is made available. The non-Federal share of
such costs shall be made in cash or kind, consistent with the
maintenance of the program or activity concerned.
(d) Audit.--Each recipient of a grant or contract under
this section shall make available to the Trade Representative
\69\ or the Secretary concerned, as the case may be, and to the
Comptroller General of the United States, for purposes of audit
and examination, any book, document, paper, or record that is
pertinent to the funds received under such grant or contract.
SEC. 416.\79\ TECHNICAL ASSISTANCE.
The Trade Representative \69\ and the Secretary concerned
may each, with respect to functions for which responsible under
this title, make available, on a reimbursable basis or
otherwise, to any other Federal agency, State agency, or
private person such assistance, including, but not limited to,
employees, services, and facilities, as may be appropriate to
assist such agency or person in carrying out standards-related
activities in a manner consistent with this title.
---------------------------------------------------------------------------
\79\ 19 U.S.C. 2546.
---------------------------------------------------------------------------
SEC. 417.\80\ CONSULTATIONS WITH REPRESENTATIVES OF DOMESTIC INTERESTS.
In carrying out the functions for which responsible under
this title, the Trade Representative \69\ and the Secretary
concerned shall solicit technical and policy advice from the
committees, established under section 135 of the Trade Act of
1974 (19 U.S.C. 2155), that represent the interests concerned,
and may solicit advice from appropriate State agencies and
private persons.
---------------------------------------------------------------------------
\80\ 19 U.S.C. 2547.
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Subtitle C--Administrative and Judicial Proceedings Regarding
Standards-Related Activities
Chapter 1--Representations Alleging United States Violations of
Obligations
SEC. 421.\81\ RIGHT OF ACTION UNDER THIS CHAPTER.
---------------------------------------------------------------------------
\81\ 19 U.S.C. 2551.
---------------------------------------------------------------------------
Except as provided under this chapter, the provisions of
this subtitle do not create any right of action under the laws
of the United States with respect to allegations that any
standards-related activity engaged in within the United States
violates the obligations of the United States under the
Agreement.
SEC. 422.\82\ REPRESENTATIONS.
Any--
---------------------------------------------------------------------------
\82\ 19 U.S.C. 2552.
---------------------------------------------------------------------------
(1) Party to the Agreement; or
(2) foreign country that is not a Party to the
Agreement but is found by the Trade Representative \69\
to extend rights and privileges to the United States
that are substantially the same as those that would be
so extended if that foreign country were a Party to the
Agreement;
may make a representation to the Trade Representative \69\
alleging that a standards-related activity engaged in within
the United States violates the obligations of the United States
under the Agreement. Any such representation must be made in
accordance with procedures that the Trade Representative \69\
shall by regulation prescribe and must provide a reasonable
indication that the standard-related activity concerned is
having a significant trade effect. No person other than a Party
to the Agreement or a foreign country described in paragraph
(2) may make such a representation.
SEC. 423.\83\ ACTION AFTER RECEIPT OF REPRESENTATIONS.
(a) Review.--Upon receipt of any representations made under
section 422, the Trade Representative \69\ shall review the
issues concerned in consultation with--
---------------------------------------------------------------------------
\83\ 19 U.S.C. 2553.
---------------------------------------------------------------------------
(1) the agency of persons alleged to be engaging in
violations under the Agreement;
(2) the member agencies of the interagency trade
organization established under section 242(a) of the
Trade Expansion Act of 1962 (19 U.S.C. 1872(a));
(3) other appropriate Federal agencies; and
(4) appropriate representatives referred to in
section 417.
(b) Resolution.--The Trade Representative \69\ shall
undertake to resolve, on a mutually satisfactory basis, the
issues set forth in the representation through consultation
with the parties concerned.
SEC. 424.\84\ PROCEDURE AFTER FINDING BY INTERNATIONAL FORUM.
(a) In General.--If an appropriate international forum
finds that a standards-related activity being engaged in within
the United States conflicts with the obligations of the United
States under the Agreement, the interagency trade organization
established under section 242(a) of the Trade Expansion Act of
1962 (19 U.S.C. 1872(a)) shall review the finding and the
matters related thereto with a view to recommending appropriate
action.
---------------------------------------------------------------------------
\84\ 19 U.S.C. 2554.
---------------------------------------------------------------------------
(b) Cross Reference.--
For provisions of law regarding remedies available to
domestic persons alleging that standards activities engaged in
by Parties to the Agreement (other than the United States)
violate the obligations of the Agreement, see section 301 of
the Trade Act of 1974 (19 U.S.C. 2411).
Chapter 2--Other Proceedings Regarding Certain Standards-Related
Activities
SEC. 441.\85\ FINDINGS OF RECIPROCITY REQUIRED IN ADMINISTRATIVE
PROCEEDINGS.
(a) In General.--Except as provided under chapter 1, no
Federal agency may consider a complaint or petition against any
standards-related activity regarding an imported product, if
that activity is engaged in within the United States and is
covered by the Agreement, unless the Trade Representative \69\
finds, and informs the agency concerned in writing, that--
---------------------------------------------------------------------------
\85\ 19 U.S.C. 2561.
---------------------------------------------------------------------------
(1) the country of origin of the imported product is
a Party to the Agreement or a foreign country described
in section 422(2); and
(2) the dispute settlement procedures provided under
the Agreement are not appropriate.
(b) Exemptions.--This section does not apply with respect
to causes of action arising under--
(1) the antitrust laws as defined in subsection (a)
of the first section of the Clayton Act (15 U.S.C.
12(a)); or
(2) statutes administered by the Secretary of
Agriculture.
This section does not apply with respect to petitions and
proceedings that are provided for under the practices of any
Federal agency for the purpose of ensuring, in accordance with
section 553 of title 5, United States Code, that interested
persons are given an opportunity to participate in agency
rulemaking or to seek the issuance, amendment, or repeal of a
rule.
SEC. 442.\86\ NOT CAUSE FOR STAY IN CERTAIN CIRCUMSTANCES.
No standards-related activity being engaged in within the
United States may be stayed in any judicial or administrative
proceeding on the basis that such activity is currently being
considered, pursuant to the Agreement, by an international
forum.
---------------------------------------------------------------------------
\86\ 19 U.S.C. 2562.
---------------------------------------------------------------------------
Subtitle D--Definitions and Miscellaneous Provisions
SEC. 451.\87\ DEFINITIONS.
As used in this title--
---------------------------------------------------------------------------
\87\ 19 U.S.C. 2571.
---------------------------------------------------------------------------
(1) \88\ Agreement.--The term ``Agreement'' means the
Agreement on Technical Barriers to Trade referred to in
section 101(d)(5) of the Uruguay Round Agreements Act.
---------------------------------------------------------------------------
\88\ Sec. 351(e)(1) of Public Law 103-465 (108 Stat. 4956) amended
and restated para. (1).
---------------------------------------------------------------------------
(2) \89\ Conformity assessment procedure.--The term
``conformity assessment procedure'' means any procedure
used, directly or indirectly, to determine that
relevant requirements in technical regulations or
standards are fulfilled.
---------------------------------------------------------------------------
\89\ Sec. 351(e)(2) of Public Law 103-465 (108 Stat. 4956) amended
and restated para. (2).
---------------------------------------------------------------------------
(3) Federal agency.--The term ``Federal agency''
means any of the following within the meaning of
chapter 2 of part 1 of title 5, United States Code:
(A) Any executive department.
(B) Any military department.
(C) Any Government corporation.
(D) Any Government-controlled corporation.
(E) Any independent establishment.
(4) \90\ International conformity assessment
procedure.--The term ``international conformity
assessment procedure'' means a conformity assessment
procedure that is adopted by an international standards
organization.
---------------------------------------------------------------------------
\90\ Sec. 351(e)(3) of Public Law 103-465 (108 Stat. 4956) struck
out ``certification system'' each place it appeared in para. (4), and
inserted in lieu thereof ``conformity assessment procedure''.
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(5) International standard.--The term ``international
standard'' means any standard that is promulgated by an
international standards organization.
(6) International standards organization.--The term
``international standards organization'' means any
organization--
(A) \91\ the membership of which is open to
representatives, whether public or private, of
the United States and at least all Members; and
\92\
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\91\ Sec. 351(e)(4) of Public Law 103-465 (108 Stat. 4956) amended
and restated subpara. (A).
\92\ Sec. 20(c)(16) of Public Law 104-295 (110 Stat. 3529) struck
out ``Members.'' at the end of subpara. (A) and inserted in lieu
thereof ``Members; and''.
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(B) that is engaged in international
standards-related activities.
(7) International standards-related activity.--The
term ``international standards-related activity'' means
the negotiation, development, or promulgation of, or
any amendment or change to, an international standard,
or an international conformity assessment
procedure,\93\ or both.
---------------------------------------------------------------------------
\93\ Sec. 351(e)(5) of Public Law 103-465 (108 Stat. 4956) struck
out ``certification system'' and inserted in lieu thereof ``conformity
assessment procedure''.
---------------------------------------------------------------------------
(8) \94\ Member.--The term ``Member'' means a WTO
member as defined in section 2(10) of the Uruguay Round
Agreements Act.
---------------------------------------------------------------------------
\94\ Sec. 351(e)(6) of Public Law 103-465 (108 Stat. 4956) amended
and restated para. (8).
---------------------------------------------------------------------------
(9) Private person.--The term ``private person''
means--
(A) any individual who is a citizen or
national of the United States; and
(B) any corporation, partnership,
association, or other legal entity organized or
existing under the law of any State, whether
for profit or not for profit.
(10) Product.--The term ``product'' means any natural
or manufactured item.
(11) Secretary concerned.--The term ``Secretary
concerned'' means the Secretary of Commerce with
respect to functions under this title relating to
nonagricultural products, and the Secretary of
Agriculture with respect to functions under this title
relating to agricultural products.
(12) \95\ Trade representative.--The term ``Trade
Representative'' means the United States Trade
Representative.
---------------------------------------------------------------------------
\95\ Sec. 351(b)(1) of the NAFTA Implementation Act (Public Law
103-182; 107 Stat. 2122) amended and restated para. (12). The same
amendment was made however, when ``United States Trade Representative''
was substituted for ``Special Representative for Trade Negotiations''
by sec. 1(1)(b) of the Reorganization Plan No. 3 of 1979 (44 F.R.
69273).
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(13) \96\ Standard.--The term ``standard'' means a
document approved by a recognized body, that provides,
for common and repeated use, rules, guidelines, or
characteristics for products or related processes and
production methods, with which compliance is not
mandatory. Such term may also include or deal
exclusively with terminology, symbols, packaging,
marking, or labeling requirements as they apply to a
product, process, or production method.
---------------------------------------------------------------------------
\96\ Sec. 351(e)(7) of Public Law 103-465 (108 Stat. 4956) amended
and restated para. (13).
---------------------------------------------------------------------------
(14) Standards-related activity.--The term
``standards-related activity'' means the development,
adoption, or application of any standard, technical
regulation, or conformity assessment procedure.\97\
---------------------------------------------------------------------------
\97\ Sec. 351(e)(7) of Public Law 103-465 (108 Stat. 4956) struck
out ``or any certification system'' and inserted in lieu thereof ``,
technical regulation, or conformity assessment procedure''.
---------------------------------------------------------------------------
(15) State.--The term ``state'' means any of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam and any other Commonwealth,
territory, or possession of the United States.
(16) State agency.--The term ``State agency'' means
any department, agency, or other instrumentality of the
government of any State or of any political subdivision
of any State.
(17) \98\ Technical regulation.--The term ``technical
regulation'' means a document which lays down product
characteristics or their related processes and
production methods, including the applicable
administrative provisions, with which compliance is
mandatory. Such term may also include or deal
exclusively with terminology, symbols, packaging,
marking, or labeling requirements as they apply to a
product, process, or production method.
---------------------------------------------------------------------------
\98\ Sec. 351(e)(9) of Public Law 103-465 (108 Stat. 4957)
redesignated para. (17) as para. (18), and added a new para. (17).
---------------------------------------------------------------------------
(18) \98\ United states.--The term ``United States'',
when used in a geographical context, means all States.
SEC. 452.\99\ EXEMPTIONS UNDER TITLE.
This title does not apply to--
---------------------------------------------------------------------------
\99\ 19 U.S.C. 2572.
---------------------------------------------------------------------------
(1) any standards activity engaged in by any Federal
agency or State agency for the use (including, but not
limited to, use with respect to research and
development, production, or consumption) of that agency
or the use of another such agency; or
(2) any standards activity engaged in by any private
person solely for use in the production or consumption
of products by that person.
SEC. 453.\100\ REPORTS TO CONGRESS ON OPERATION OF AGREEMENT.
As soon as practicable after the close of the 3-year period
beginning on the date on which this title takes effect, and as
soon as practicable after the close of each succeeding 3-year
period through 2001,\101\ the Trade Representative \69\ shall
prepare and submit to Congress a report containing an
evaluation of the operation of the Agreement, both domestically
and internationally, during the period.
---------------------------------------------------------------------------
\100\ 19 U.S.C. 2573.
\101\ Sec. 351(f) of Public Law 103-465 (108 Stat. 4957) inserted
``through 2001'' after ``3-year period''.
\102\ Sec. 351(g) of Public Law 103-465 (108 Stat. 4957) repealed
sec. 454, which had provided that: ``This title shall take effect on
January 1, 1980, if the Agreement enters into force with respect to the
United States by that date.''. The President, in a determination of
December 14, 1979 (44 FR 74781), authorized the U.S. Special
Representative for Trade Negotiations (U.S. Trade Representative) to
sign the Agreement on behalf of the United States.
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SEC. 454.\102\ * * * [REPEALED--1994]
Subtitle E--Standards and Measures Under the North American Free Trade
Agreement \103\
chapter 1--sanitary and phytosanitary measures
SEC. 461.\104\ GENERAL.
Nothing in this chapter may be construed--
---------------------------------------------------------------------------
\103\ Sec. 351(a) of the NAFTA Implementation Act (Public Law 103-
182; 107 Stat. 2118) added subtitle E.
\104\ 19 U.S.C. 2575.
---------------------------------------------------------------------------
(1) to prohibit a Federal agency or State agency from
engaging in activity related to sanitary or
phytosanitary measures to protect human, animal, or
plant life or health; or
(2) to limit the authority of a Federal agency or
State agency to determine the level of protection of
human, animal, or plant life or health the agency
considers appropriate.
SEC. 462.\105\ INQUIRY POINT.
The standards information center maintained under section
414 shall, in addition to the functions specified therein, make
available to the public relevant documents, at such reasonable
fees as the Secretary of Commerce may prescribe, and
information regarding--
---------------------------------------------------------------------------
\105\ 19 U.S.C. 2575a.
---------------------------------------------------------------------------
(1) any sanitary or phytosanitary measure of general
application, including any control or inspection
procedure or approval procedure proposed, adopted, or
maintained by a Federal or State agency;
(2) the procedures of a Federal or State agency for
risk assessment, and factors the agency considers in
conducting the assessment and in establishing the
levels of protection that the agency considers
appropriate;
(3) the membership and participation of the Federal
Government and State governments in international and
regional sanitary and phytosanitary organizations and
systems, and in bilateral and multilateral arrangements
regarding sanitary and phytosanitary measures, and the
provisions of those systems and arrangements; and
(4) the location of notices of the type required
under article 719 of the NAFTA, or where the
information contained in such notices can be obtained.
SEC. 463.\106\ CHAPTER DEFINITIONS.
Notwithstanding section 451, for purposes of this chapter--
---------------------------------------------------------------------------
\106\ 19 U.S.C. 2575b.
---------------------------------------------------------------------------
(1) Animal.--The term ``animal'' includes fish, bees,
and wild fauna.
(2) Approval procedure.--The term ``approval
procedure'' means any registration, notification, or
other mandatory administrative procedure for--
(A) approving the use of an additive for a
stated purpose or under stated conditions, or
(B) establishing a tolerance for a stated
purpose or under stated conditions for a
contaminant,
in a food, beverage, or feedstuff prior to permitting
the use of the additive or the marketing of a food,
beverage, or feedstuff containing the additive or
contaminant.
(3) Contaminant.--The term ``contaminant'' includes
pesticide and veterinary drug residues and extraneous
matter.
(4) Control or inspection procedure.--The term
``control or inspection procedure'' means any procedure
used, directly or indirectly, to determine that a
sanitary or phytosanitary measure is fulfilled,
including sampling, testing, inspection, evaluation,
verification, monitoring, auditing, assurance of
conformity, accreditation, registration, certification,
or other procedure involving the physical examination
of a good, of the packaging of a good, or of the
equipment or facilities directly related to production,
marketing, or use of a good, but does not mean an
approval procedure.
(5) Plant.--The term ``plant'' includes wild flora.
(6) Risk assessment.--The term ``risk assessment''
means an evaluation of--
(A) the potential for the introduction,
establishment or spread of a pest or disease
and associated biological and economic
consequences; or
(B) the potential for adverse effects on
human or animal life or health arising from the
presence of an additive, contaminant, toxin or
disease-causing organism in a food, beverage,
or feedstuff.
(7) Sanitary or phytosanitary measure.--
(A) In general.--The term ``sanitary or
phytosanitary measure'' means a measure to--
(i) protect animal or plant life or
health in the United States from risks
arising from the introduction,
establishment, or spread of a pest or
disease;
(ii) protect human or animal life or
health in the United States from risks
arising from the presence of an
additive, contaminant, toxin, or
disease-causing organism in a food,
beverage, or feedstuff;
(iii) protect human life or health in
the United States from risks arising
from a disease-causing organism or pest
carried by an animal or plant, or a
product thereof; or
(iv) prevent or limit other damage in
the United States arising from the
introduction, establishment, or spread
of a pest.
(B) Form.--The form of a sanitary or
phytosanitary measure includes--
(i) end product criteria;
(ii) a product-related processing or
production method;
(iii) a testing, inspection,
certification, or approval procedure;
(iv) a relevant statistical method;
(v) a sampling procedure;
(vi) a method of risk assessment;
(vii) a packaging and labeling
requirement directly related to food
safety; and
(viii) a quarantine treatment, such
as a relevant requirement associated
with the transportation of animals or
plants or with material necessary for
their survival during transportation.
chapter 2--standards-related measures
SEC. 471.\107\ GENERAL.
(a) No Bar To Engaging in Standards Activity.--Nothing in
this chapter shall be construed--
---------------------------------------------------------------------------
\107\ 19 U.S.C. 2576.
---------------------------------------------------------------------------
(1) to prohibit a Federal agency from engaging in
activity related to standards-related measures,
including any such measure relating to safety, the
protection of human, animal, or plant life or health,
the environment or consumers; or
(2) to limit the authority of a Federal agency to
determine the level it considers appropriate of safety
or of protection of human, animal, or plant life or
health, the environment or consumers.
(b) Exclusion.--This chapter does not apply to--
(1) technical specifications prepared by a Federal
agency for production or consumption requirements of
the agency; or
(2) sanitary or phytosanitary measures under chapter
1.
SEC. 472.\108\ INQUIRY POINT.
The standards information center maintained under section
414 shall, in addition to the functions specified therein, make
available to the public relevant documents, at such reasonable
fees as the Secretary of Commerce may prescribe, and
information regarding--
---------------------------------------------------------------------------
\108\ 19 U.S.C. 2576a.
---------------------------------------------------------------------------
(1) the membership and participation of the Federal
Government, State governments, and relevant
nongovernmental bodies in the United States in
international and regional standardizing bodies and
conformity assessment systems, and in bilateral and
multilateral arrangements regarding standards-related
measures, and the provisions of those systems and
arrangements;
(2) the location of notices of the type required
under article 909 of the NAFTA, or where the
information contained in such notice can be obtained;
and
(3) the Federal agency procedures for assessment of
risk, and factors the agency considers in conducting
the assessment and establishing the levels of
protection that the agency considers appropriate.
SEC. 473.\109\ CHAPTER DEFINITIONS.
Notwithstanding section 451, for purposes of this chapter--
---------------------------------------------------------------------------
\109\ 19 U.S.C. 2576b.
---------------------------------------------------------------------------
(1) Approval procedure.--The term ``approval
procedure'' means any registration, notification, or
other mandatory administrative procedure for granting
permission for a good or service to be produced,
marketed, or used for a stated purpose or under stated
conditions.
(2) Conformity assessment procedure.--The term
``conformity assessment procedure'' means any procedure
used, directly or indirectly, to determine that a
technical regulation or standard is fulfilled,
including sampling, testing, inspection, evaluation,
verification, monitoring, auditing, assurance of
conformity, accreditation, registration, or approval
used for such a purpose, but does not mean an approval
procedure.
(3) Objective.--The term ``objective'' includes--
(A) safety,
(B) protection of human, animal, or plant
life or health, the environment or consumers,
including matters relating to quality and
identifiability of goods or services, and
(C) sustainable development,
but does not include the protection of domestic
production.
(4) Service.--The term ``service'' means a land
transportation service or a telecommunications service.
(5) Standard.--The term ``standard'' means--
(A) characteristics for a good or a service,
(B) characteristics, rules, or guidelines
for--
(i) processes or production methods
relating to such good, or
(ii) operating methods relating to
such service, and
(C) provisions specifying terminology,
symbols, packaging, marking, or labelling for--
(i) a good or its related process or
production methods, or
(ii) a service or its related
operating methods,
for common and repeated use, including explanatory and
other related provisions set out in a document approved
by a standardizing body, with which compliance is not
mandatory.
(6) Standards-related measure.--The term ``standards-
related measure'' means a standard, technical
regulation, or conformity assessment procedure.
(7) Technical regulation.--The term ``technical
regulation'' means--
(A) characteristics or their related
processes and production methods for a good,
(B) characteristics for a service or its
related operating methods, or
(C) provisions specifying terminology,
symbols, packaging, marking, or labelling for--
(i) a good or its related process or
production method, or
(ii) a service or its related
operating method,
set out in a document, including applicable
administrative, explanatory, and other related
provisions, with which compliance is mandatory.
(8) Telecommunications service.--The term
``telecommunications service'' means a service provided
by means of the transmission and reception of signals
by any electromagnetic means, but does not mean the
cable, broadcast, or other electromagnetic distribution
of radio or television programming to the public
generally.
chapter 3--subtitle definitions
SEC. 481.\110\ DEFINITIONS.
Notwithstanding section 451, for purposes of this
subtitle--
---------------------------------------------------------------------------
\110\ 19 U.S.C. 2577.
---------------------------------------------------------------------------
(1) NAFTA.--The term ``NAFTA'' means the North
American Free Trade Agreement.
(2) State.--The term ``State'' means any of the
several States, the District of Columbia, and the
Commonwealth of Puerto Rico.
Subtitle F--International Standard-Setting Activities
SEC. 491.\111\ NOTICE OF UNITED STATES PARTICIPATION IN INTERNATIONAL
STANDARD-SETTING ACTIVITIES.
(a) In General.--The President shall designate an agency to
be responsible for informing the public of the sanitary and
phytosanitary standard-setting activities of each international
standard-setting organization.
---------------------------------------------------------------------------
\111\ 19 U.S.C. 2578. Sec. 432 of Public Law 103-465 (108 Stat.
4970) added sec. 491.
---------------------------------------------------------------------------
(b) Notification.--Not later than June 1 of each year, the
agency designated under subsection (a) with respect to each
international standard-setting organization shall publish
notice in the Federal Register of the information specified in
subsection (c) with respect to that organization. The notice
shall cover the period ending on June 1 of the year in which
the notice is published, and beginning on the date of the
preceding notice under this subsection, except that the first
such notice shall cover the 1-year period ending on the date of
the notice.
(c) Required Information.--The information to be provided
in the notice under subsection (b) is--
(1) the sanitary or phytosanitary standards under
consideration or planned for consideration by that
organization;
(2) for each sanitary or phytosanitary standard
specified in paragraph (1)--
(A) a description of the consideration or
planned consideration of the standard;
(B) whether the United States is
participating or plans to participate in the
consideration of the standard;
(C) the agenda for the United States
participation, if any; and
(D) the agency responsible for representing
the United States with respect to the standard.
(d) Public Comment.--The agency specified in subsection
(c)(2)(D) shall provide an opportunity for public comment with
respect to the standards for which the agency is responsible
and shall take the comments into account in participating in
the consideration of the standards and in proposing matters to
be considered by the organization.
SEC. 492.\112\ EQUIVALENCE DETERMINATIONS.
(a) In General.--An agency may not determine that a
sanitary or phytosanitary measure of a foreign country is
equivalent to a sanitary or phytosanitary measure established
under the authority of Federal law unless the agency determines
that the sanitary or phytosanitary measure of the foreign
country provides at least the same level of sanitary or
phytosanitary protection as the comparable sanitary or
phytosanitary measure established under the authority of
Federal law.
---------------------------------------------------------------------------
\112\ 19 U.S.C. 2578a. Sec. 432 of Public Law 103-465 (108 Stat.
4970) added sec. 492.
---------------------------------------------------------------------------
(b) FDA Determination.--If the Commissioner proposes to
issue a determination of the equivalency of a sanitary or
phytosanitary measure of a foreign country to a measure that is
required to be promulgated as a rule under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or other statute
administered by the Food and Drug Administration, the
Commissioner shall issue a proposed regulation to incorporate
such determination and shall include in the notice of proposed
rulemaking the basis for the determination that the sanitary or
phytosanitary measure of a foreign country provides at least
the same level of sanitary or phytosanitary protection as the
comparable Federal sanitary or phytosanitary measure. The
Commissioner shall provide opportunity for interested persons
to comment on the proposed regulation. The Commissioner shall
not issue a final regulation based on the proposal without
taking into account the comments received.
(c) Notice.--If the Commissioner proposes to issue a
determination of the equivalency of a sanitary or phytosanitary
measure of a foreign country to a sanitary or phytosanitary
\113\ measure of the Food and Drug Administration that is not
required to be promulgated as a rule under the Federal Food,
Drug, and Cosmetic Act or other statute administered by the
Food and Drug Administration, the Commissioner shall publish a
notice in the Federal Register that identifies the basis for
the determination that the measure provides at least the same
level of sanitary or phytosanitary protection as the comparable
Federal sanitary or phytosanitary measure. The Commissioner
shall provide opportunity for interested persons to comment on
the notice. The Commissioner shall not issue a final
determination on the issue of equivalency without taking into
account the comments received.
---------------------------------------------------------------------------
\113\ Sec. 20(d)(1) of Public Law 104-295 (110 Stat. 3529) struck
out ``phystosanitary'' and inserted in lieu thereof ``phytosanitary''.
---------------------------------------------------------------------------
SEC. 493.\114\ DEFINITIONS.
(a) In General.--As used in this subtitle:
---------------------------------------------------------------------------
\114\ 19 U.S.C. 2578b. Added by sec. 432 of Public Law 103-465 (108
Stat. 4970).
---------------------------------------------------------------------------
(1) Agency.--The term ``agency'' means a Federal
department or agency (or combination of Federal
departments or agencies).
(2) Commissioner.--The term ``Commissioner'' means
the Commissioner of Food and Drugs.
(3) International standard-setting organization.--The
term ``international standard-setting organization''
means an organization consisting of representatives of
2 or more countries, the purpose of which is to
negotiate, develop, promulgate, or amend an
international standard.
(4) Sanitary or phytosanitary standard.--The term
``sanitary or phytosanitary standard'' means a standard
intended to form a basis for a sanitary or
phytosanitary measure.
(5) International standard.--The term ``international
standard'' means a standard, guideline, or
recommendation--
(A) regarding food safety, adopted by the
Codex Alimentarius Commission, including a
standard, guideline, or recommendation
regarding decomposition elaborated by the Codex
Committee on Fish and Fishery Products, food
additives, contaminants, hygienic practice, and
methods of analysis and sampling;
(B) regarding animal health and zoonoses,
developed under the auspices of the
International Office of Epizootics;
(C) regarding plant health, developed under
the auspices of the Secretariat of the
International Plant Protection Convention in
cooperation with the North American Plant
Protection Organization; or
(D) established by or developed under any
other international organization agreed to by
the NAFTA countries (as defined in section 2(4)
of the North American Free Trade Agreement
Implementation Act) or by the WTO members (as
defined in section 2(10) of the Uruguay Round
Agreements Act).
(b) Other Definitions.--The definitions set forth in
section 463 apply for purposes of this subtitle except that in
applying paragraph (7) of section 463 with respect to a
sanitary or phytosanitary measure of a foreign country, any
reference in such paragraph to the United States shall be
deemed to be a reference to that foreign country.
* * * * * * *
TITLE XI--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 1102.\115\ AUCTION OF IMPORT LICENSES.
(a) In General.--Nothwithstanding any other provision of
law, the President may sell import licenses at public auction
under such terms and conditions as he deems appropriate.
Regulations prescribed under this subsection shall, to the
extent practicable and consistent with efficient and fair
administration, insure against inequitable sharing of imports
by a relatively small number of the larger importers.
---------------------------------------------------------------------------
\115\ 19 U.S.C. 2581.
---------------------------------------------------------------------------
(b) Definition of Import License.--For purposes of this
section, the term ``import license'' means any documentation
used to administer a quantitative restriction imposed or
modified after the date of enactment of this Act under--
(1) section 125, 203, 301, or 406 of the Trade Act of
1974 (19 U.S.C. 2135, 2253, 2411, or 2436),
(2) the International Emergency Economic Powers Act
(50 U.S.C. App. 1701-1706),
(3) authority under the notes of the Harmonized
Tariff Schedule of the United States,\116\ but not
including any quantitative restriction imposed under
section 22 of the Agricultural Adjustment Act of 1934
(7 U.S.C. 624),
---------------------------------------------------------------------------
\116\ Sec. 1214(k) of Public Law 100-418 (102 Stat. 1158) struck
out ``headnotes of the Tariff Schedules of the United States,'' and
inserted in lieu thereof ``notes of the Harmonized Tariff Schedule of
the United States,''.
---------------------------------------------------------------------------
(4) the Trading With the Enemy Act (50 U.S.C. App. 1-
44),
(5) section 204 of the Agriculture Act of 1956 (7
U.S.C. 1854) other than for meat or meat products, or
(6) any Act enacted explicitly for the purpose of
implementing an international agreement to which the
United States is a party, including such agreements
relating to commodities, but not including any
agreement relating to cheese or dairy products.
* * * * * * *
SEC. 1109.\117\ REORGANIZING AND RESTRUCTURING OF INTERNATIONAL TRADE
FUNCTIONS OF THE UNITED STATES GOVERNMENT.
(a) In General.--The President shall submit to the
Congress, not later than July 10, 1979, a proposal to
restructure the international trade functions of the Executive
Branch of the United States Government.\118\ In developing his
proposal, the President shall consider, among other
possibilities, strengthening the coordination and functional
responsibilities of the Office of the United States Trade
Representative \69\ to include, among other things,
representation of the United States in all matters before the
General Agreement on Tariffs and Trade, the establishment of a
board of trade with a coordinating mechanism in the Executive
Office of the President, and the establishment of a Department
of International Trade and Investment. The recommendations of
the President, as embodied in such proposal, should include a
monitoring and enforcement structure which would insure
protection of United States rights under agreements negotiated
pursuant to the Tokyo Round of the Multilateral Trade
Negotiations and all other elements of multilateral and
bilateral international trade agreements. The proposal should
result in an upgrading of commercial programs and commercial
attaches overseas to assure that the United States trading
partners are meeting their trade agreement obligations,
particularly those entered into under such agreements,
including the tendering procedures of the Agreement on
Government Procurement.
---------------------------------------------------------------------------
\117\ 19 U.S.C. 2111 note.
\118\ Such a proposal was submitted to the Congress on September
25, 1979, as Reorganization Plan No. 3 of 1979 (Reorganization of
Functions Relating to International Trade).
---------------------------------------------------------------------------
(b) Congressional Action.--In order to ensure that the 96th
Congress takes final action on a comprehensive reorganization
of trade functions as soon as possible, the appropriate
committee of each House of the Congress shall give the proposal
by the President immediate consideration and shall make its
best efforts to take final committee action to reorganize and
restructure the international trade functions of the United
States Government by November 10, 1979.
SEC. 1110.\117\ STUDY OF EXPORT TRADE POLICY.
(a) Review of Export Promotion and Disincentives.--The
President shall review all export promotion functions of the
executive branch and potential programmatic and regulatory
disincentives to exports, and shall submit to the Congress a
report of that review not later than July 15, 1980. The report
should make particular reference to those activities which
enhance the role of small-and medium-sized businesses in export
trade.
(b) Conditions of Competition Study.--Not later than July
15, 1980, the President shall submit to the Congress a study of
the factors bearing on the competitive posture of United States
producers and the policies and programs required to strengthen
the relative competitive position of the United States in world
markets.
SEC. 1111.\119\ * * *
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\119\ Sec. 1111, entitled ``Generalized System of Preferences'',
amended title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
---------------------------------------------------------------------------
SEC. 1112.\120\ CONCESSION-RELATED REVENUE LOSSES TO UNITED STATES
POSSESSIONS. * * * [REPEALED--1983]
---------------------------------------------------------------------------
\120\ Sec. 214(d) of the Caribbean Basin Economic Recovery Act
(Public Law 98-67; 97 Stat. 393) repealed sec. 1112.
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SEC. 1113. NO BUDGET AUTHORITY FOR ANY FISCAL YEAR BEFORE FISCAL YEAR
1981.
Nothing in this Act shall be construed as authorizing the
enactment of new budget authority for any fiscal year beginning
before October 1, 1980.
SEC. 1114.\121\ EFFECTIVE DATE.
Except as otherwise provided in this title, this title
shall take effect on the date of enactment of this Act.
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\121\ 19 U.S.C. 2581 note.
(22) Trade Expansion Act of 1962, as amended
Partial text of Public Law 87-794 [H.R. 11970], 76 Stat. 872, approved
October 11, 1962, as amended by Public Law 88-205 [H.R. 7885], 77 Stat.
379, approved December 16, 1963; Public Law 93-618 [H.R. 10710], 88
Stat. 1978, approved January 3, 1975; Public Law 96-39 [H.R. 4537], 93
Stat. 144 at 300, approved July 26, 1979; Public Law 96-223 [H.R.
3919], 94 Stat. 229 at 301, approved April 2, 1980; Public Law 99-64
[S. 883], 99 Stat. 155, approved July 12, 1985; Public Law 100-418
[Omnibus Trade and Competitiveness Act of 1988; H.R. 4848], 102 Stat.
1107, approved August 23, 1988; and by Public Law 105-206 [H.R. 2676],
112 Stat. 685, approved July 22, 1998
TITLE I--SHORT TITLE AND PURPOSES
SEC. 101. SHORT TITLE.
This Act may be cited as the ``Trade Expansion Act of
1962''.
SEC. 102.\1\ STATEMENT OF PURPOSES.
The purposes of this Act are, through trade agreements
affording mutual trade benefits--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 1801.
---------------------------------------------------------------------------
(1) to stimulate the economic growth of the United
States and maintain and enlarge foreign markets for the
products of United States agriculture, industry,
mining, and commerce;
(2) to strengthen economic relations with foreign
countries through the development of open and
nondiscriminatory trading in the free world; and
(3) to prevent Communist economic penetration.
TITLE II--TRADE AGREEMENTS
Chapter 1--General Authority \2\
SEC. 201.\3\ BASIC AUTHORITY FOR TRADE AGREEMENTS.
(a) Whenever the President determines that any existing
duties or other import restrictions of any foreign country or
the United States are unduly burdening and restricting the
foreign trade of the United States and that any of the purposes
stated in section 102 will be promoted thereby, the President
may--
---------------------------------------------------------------------------
\2\ Sec. 602(d) of the Trade Act of 1974 (Public Law 93-618; 88
Stat. 1978) repealed secs. 202, 211 through 213, 221 through 226, and
231.
\3\ 19 U.S.C. 1821.
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(1) after June 30, 1962, and before July 1, 1967,
enter into trade agreements with foreign countries or
instrumentalities thereof; and
(2) proclaim such modification or continuance of any
existing duty or other import restriction, such
continuance of existing duty-free or excise treatment,
or such additional import restrictions, as he
determines to be required or appropriate to carry out
any such trade agreement.
(b) Except as otherwise provided in this title, no
proclamation pursuant to subsection (a) shall be made--
(1) decreasing any rate of duty to a rate below 50
percent of the rate existing on July 1, 1962; or
(2) increasing any rate of duty to (or imposing) a
rate more than 50 percent above the rate existing on
July 1, 1934.
* * * * * * *
Chapter 4--National Security
SEC. 232.\4\ SAFEGUARDING NATIONAL SECURITY.
(a) No action shall be taken pursuant to section 201(a) or
pursuant to section 350 of the Tariff Act of 1930 to decrease
or eliminate the duty or other import restriction on any
article if the President determines that such reduction or
elimination would threaten to impair the national security.
---------------------------------------------------------------------------
\4\ 19 U.S.C. 1862.
---------------------------------------------------------------------------
(b) \5\ (1)(A) Upon request of the head of any department or
agency, upon application of an interested party, or upon his
own motion, the Secretary of Commerce (hereafter in this
section referred to as the `Secretary') shall immediately
initiate an appropriate investigation to determine the effects
on the national security of imports of the article which is the
subject of such request, application, or motion.
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\5\ Sec. 1501(a)(3) of Public Law 100-418 (102 Stat. 1257) struck
out former subsec. (b), which had been previously amended by sec.
127(d) of Public Law 93-618 (88 Stat. 1978 at 1993), which added new
subsecs. (b) and (c).
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(B) The Secretary shall immediately provide notice to the
Secretary of Defense of any investigation initiated under this
section.
(2)(A) In the course of any investigation conducted under
this subsection, the Secretary shall--
(i) consult with the Secretary of Defense regarding
the methodological and policy questions raised in any
investigation initiated under paragraph (1),
(ii) seek information and advice from, and consult
with, appropriate officers of the United States, and
(iii) if it is appropriate and after reasonable
notice, hold public hearings or otherwise afford
interested parties an opportunity to present
information and advice relevant to such investigation.
(B) Upon the request of the Secretary, the Secretary of
Defense shall provide the Secretary an assessment of the
defense requirements of any article that is the subject of an
investigation conducted under this section.
(3)(A) By no later than the date that is 270 days after the
date on which an investigation is initiated under paragraph (1)
with respect to any article, the Secretary shall submit to the
President a report on the findings of such investigation with
respect to the effect of the importation of such article in
such quantities or under such circumstances upon the national
security and, based on such findings, the recommendations of
the Secretary for action or inaction under this section. If the
Secretary finds that such article is being imported into the
United States in such quantities or under such circumstances as
to threaten to impair the national security, the Secretary
shall so advise the President in such report.
(B) Any portion of the report submitted by the Secretary
under subparagraph (A) which does not contain classified
information or proprietary information shall be published in
the Federal Register.
(4) The Secretary shall prescribe such procedural regulations
as may be necessary to carry out the provisions of this
subsection.
(c) \5\ (1)(A) Within 90 days after receiving a report
submitted under subsection (b)(3)(A) in which the Secretary
finds that an article is being imported into the United States
in such quantities or under such circumstances as to threaten
to impair the national security, the President shall--
(i) determine whether the President concurs with the
finding of the Secretary, and
(ii) if the President concurs, determine the nature
and duration of the action that, in the judgment of the
President, must be taken to adjust the imports of the
article and its derivatives so that such imports will
not threaten to impair the national security.
(B) If the President determines under subparagraph (A) to
take action to adjust imports of an article and its
derivatives, the President shall implement that action by no
later than the date that is 15 days after the day on which the
President determines to take action under subparagraph (A).
(2) By no later than the date that is 30 days after the date
on which the President makes any determinations under paragraph
(1), the President shall submit to the Congress a written
statement of the reasons why the President has decided to take
action, or refused to take action, under paragraph (1). Such
statement shall be included in the report published under
subsection (e).
(3)(A) If--
(i) the action taken by the President under paragraph
(1) is the negotiation of an agreement which limits or
restricts the importation into, or the exportation to,
the United States of the article that threatens to
impair national security, and
(ii) either--
(I) no such agreement is entered into before
the date that is 180 days after the date on
which the President makes the determination
under paragraph (1)(A) to take such action, or
(II) such an agreement that has been entered
into is not being carried out or is ineffective
in eliminating the threat to the national
security posed by imports of such article,
the President shall take such other actions as the President
deems necessary to adjust the imports of such article so that
such imports will not threaten to impair the national security.
The President shall publish in the Federal Register notice of
any additional actions being taken under this section by reason
of this subparagraph.
(B) If--
(i) clauses (i) and (ii) of subparagraph (A) apply,
and
(ii) the President determines not to take any
additional actions under this subsection,
the President shall publish in the Federal Register such
determination and the reasons on which such determination is
based.
(d) \6\ For the purposes of this section, the Secretary and
the President shall, in the light of the requirements of
national security and without excluding other relevant factors,
give consideration to domestic production needed for projected
national defense requirements, the capacity of domestic
industries to meet such requirements, existing and anticipated
availabilities of the human resources, products, raw materials,
and other supplies and services essential to the national
defense, the requirements of growth of such industries and such
supplies and services including the investment, exploration,
and development necessary to assure such growth, and the
importation of goods in terms of their quantities,
availabilities, character, and use of those affect such
industries and the capacity of the United States to meet
national security requirements. In the administration of this
section, the Secretary and the President shall further
recognize the close relation of the economic welfare of the
Nation to our national security, and shall take into
consideration the impact of foreign competition on the economic
welfare of individual domestic industries; and any substantial
unemployment, decrease in revenues of government, loss of
skills or investment, or other serious effects resulting from
the displacement of any domestic products by excessive imports
shall be considered, without excluding other factors, in
determining whether such weakening of our internal economy may
impair the national security.
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\6\ Sec. 1501(a) of Public Law 100-418 (102 Stat. 1257)
redesignated the original subsec. (c) as subsec. (d).
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(d) \7\ (1) Upon the disposition of each request,
application, or motion under subsection (b), the Secretary
shall submit to the Congress, and publish in the Federal
Register, a report on such disposition.
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\7\ This second subsec. (d) was redesignated as subsec. (e) by sec.
1501(a)(2) of Public Law 100-418 (102 Stat. 1257). Subsequently, sec.
1501(b)(1) of that Act amended subsec. ``(e)'' to read as subsec.
``(d)''. This subsection should probably read ``(e)''. The subsection
previously read as follows:
``(d) A report shall be made and published upon the disposition of
each request, application, or motion under subsection (b). The
Secretary shall publish procedural regulations to give effect to the
authority conferred on him by subsection (b).''.
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(2) The President shall submit to the Congress an annual
report on the operation of the provisions of this section.
(f) \8\ (1) An action taken by the President under
subsection (c) \8\ to adjust imports of petroleum or petroleum
products shall cease to have force and effect upon the
enactment of a disapproval resolution, provided for in
paragraph (2), relating to that action.
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\8\ Subsec. (f), previously added as subsec. (e) by sec. 402 of the
Windfall Profit Tax Act (Public Law 96-223; 94 Stat. 301), was amended
by sec. 1501(a)(2) of Public Law 100-418 (102 Stat. 1257) which
substituted ``subsection (c)'' in lieu of ``subsection (b)'' each place
it appeared, and redesignated subsec. (e) as subsec. (f).
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(2)(A) This paragraph is enacted by the Congress--
(i) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such is deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedures to be followed in that House in the
case of disapproval resolutions and such procedures
supersede other rules only to the extent that they are
inconsistent therewith; and
(ii) with the full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as any other
rule of that House.
(B) For purposes of this subsection, the term ``disapproval
resolution'' means only a joint resolution of either House of
Congress the matter after resolving clause of which is as
follows: ``That the Congress disapproves the action taken under
section 232 of the Trade Expansion Act of 1962 with respect to
petroleum imports under ......................... dated
.........................'', the first blank space being filled
with the number of the proclamation, Executive order, or other
Executive act issued under the authority of subsection (c) \8\
of such section 232 for purposes of adjusting imports of
petroleum or petroleum products and the second blank being
filled with the appropriate date.
(C)(i) All disapproval resolutions introduced in the House
of Representatives shall be referred to the Committee on Ways
and Means and all disapproved resolutions introduced in the
Senate shall be referred to the Committee on Finance.
(ii) No amendment to a disapproval resolution shall be in
order in either the House of Representatives or the Senate, and
no motion to suspend the application of this clause shall be in
order in either House nor shall it be in order in either House
for the Presiding Officer to entertain a request to suspend the
application of this clause by unanimous consent.
SEC. 233.\9\ IMPORT SANCTIONS FOR EXPORT VIOLATIONS.
Any person who violates any national security export
control imposed under section 5 of the Export Administration
Act of 1979 (50 U.S.C. App. 2404), or any regulation, order, or
license issued under that section, may be subject to such
controls on the importing of goods or technology into the
United States as the President may prescribe.
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\9\ 19 U.S.C. 1864. Sec. 121 of the Export Administration
Amendments Act of 1985 (Public Law 99-43; 99 Stat. 154) added sec. 233.
Sec. 2447(a) of Public Law 100-418 (102 Stat. 1370) subsequently
amended sec. 233 by striking ``(a)'' preceding ``Any person'' and
deleting subsec. (b). Subsec. (b) previously read as follows:
``(b) Except as provided in subsection (a) of this section, any
person who violates any regulation issued under a multilateral
agreement, formal or informal, to control exports for national security
purposes, to which the United States is a party, may be subject to such
controls on the importing of goods or technology into the United States
as the President may prescribe, but only if--
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``(1) negotiations with the government or governments, party
to the multilateral agreement, with jurisdiction over the
violation have been conducted and been unsuccessful in
restoring compliance with the regulation involved;
``(2) the President, after the failure of such negotiations,
has notified the government or governments described in
paragraph (1) and the other parties to the multilateral
agreement that the United States proposes to subject the person
committing the violation to specific controls on the importing
of goods or technology into the United States upon the
expiration of 60 days from the date of such notification; and
``(3) a majority of the parties to the multilateral agreement
(other than the United States), before the end of that 60-day
period, have expressed to the President concurrence in the
proposed import controls or have abstained from stating a
position with respect to the proposed controls.''.
Chapter 5--Administrative Provisions \10\
SEC. 242.\11\ INTERAGENCY TRADE ORGANIZATION.
(a)(1) The President shall establish an interagency
organization.\12\
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\10\ Sec. 602(d) of the Trade Act of 1974 (Public Law 93-618; 88
Stat. 2402) repealed secs. 241 and 243.
\11\ 19 U.S.C. 1872. Sec. 1621 of Public Law 100-418 (102 Stat.
1263) amended and restated subsec. (a) which previously read as
follows:
``(a) The President shall establish an interagency organization to
assist him in carrying out the functions vested in him by this title
and sections 201, 202, and 203 of the Trade Act of 1974. Such
organization shall, in addition to the Special Representative for Trade
Negotiations, be composed of the heads of such departments and of such
other officers as the President shall designate. It shall meet at such
times and with respect to such matters as the President or the chairman
of the organization shall direct. The organization may invite the
participation in its activities of any agency not represented in the
organization when matters of interest to such agency are under
consideration.''.
\12\ Sec. 1621(b) of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 102 Stat. 1264) further provided:
``(b) Sense of Congress.--It is the sense of Congress that the
interagency organization established under subsection (a) should be the
principal interagency forum within the executive branch on
international trade policy matters.''.
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(2) The functions of the organization are--
(A) to assist, and make recommendations to, the
President in carrying out the functions vested in him
by the trade laws and to advise the United States Trade
Representative (hereinafter in this section referred to
as the ``Trade Representative'') in carrying out the
functions set forth in section 141 of the Trade Act of
1974;
(B) to assist the President, and advise the Trade
Representative, with respect to the development and
implementation of the international trade policy
objectives of the United States; and
(C) to advise the President and the Trade
Representative with respect to the relationship between
the international trade policy objectives of the United
States and other major policy areas which may
significantly affect the overall international trade
policy and trade competitiveness of the United States.
(3) The interagency organization shall be composed of the
following:
(A) The Trade Representative, who shall be
chairperson.
(B) The Secretary of Commerce.
(C) The Secretary of State.
(D) The Secretary of the Treasury.
(E) The Secretary of Agriculture.
(F) The Secretary of Labor.
The Trade Representative may invite representatives from other
agencies, as appropriate, to attend particular meetings if
subject matters of specific functional interest to such
agencies are under consideration. It shall meet at such times
and with respect to such matters as the President or the
Chairman shall direct.
(b) In assisting the President, the organization shall--
(1) make recommendations to the President on basic
policy issues arising in the administration of the
trade agreements program,
(2) make recommendations to the President as to what
action, if any, he should take on reports submitted to
him by the United States International Trade Commission
\13\ under section 201(d) of the Trade Act of 1974,
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\13\ Sec. 171(a) of Public Law 93-618 renamed the ``United States
Tariff Commission'' the ``United States International Trade
Commission''.
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(3) advise the President of the results of hearings
held pursuant to section 302(b)(2) of section 301 of
the Trade Act of 1974 \14\ and recommend appropriate
action with respect thereto, and
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\14\ Sec. 902(c) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 300) struck out references to subsecs. (c) and (d) of
the Trade Act of 1974, and inserted in lieu thereof the reference to
sec. 302(b)(2). The amendment made by sec. 902(c) should probably have
also struck out the words ``of section 301''.
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(4) perform such other functions with respect to the
trade agreements program as the President may from time
to time designate.
In carrying out its functions under this subsection, the
organization shall take into account the advice of the
congressional advisers and private sector advisory committees,
as well as that of any committee or other body established to
advise the department, agency, or office which a member of the
organization heads.\15\
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\15\ Sec. 1621(a)(2) of Public Law 100-418 (102 Stat. 1264) added
this sentence.
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(c) The organization shall, to the maximum extent
practicable, draw upon the resources of the agencies
represented in the organization, as well as such other agencies
as it may determine, including the United States International
Trade Commission.\13\ In addition, the President may establish
by regulation such procedures and committees as he may
determine to be necessary to enable the organization to provide
for the conduct of hearings pursuant to section 302(b)(2) of
section 301 of the Trade Act of 1974,\14\ and for the carrying
out of other functions assigned to the organization pursuant to
this section.
Chapter 6--General Provisions \16\
SEC. 251.\17\ NORMAL TRADE RELATIONS.
Except as otherwise provided in this title, in section
350(b) of the Tariff Act of 1930, or in section 401(a) of the
Tariff Classification Act of 1962, any duty or other import
restriction or duty-free treatment proclaimed in carrying out
any trade agreement under this title or section 350 of the
Tariff Act of 1930 shall apply to products of all foreign
countries, whether imported directly or indirectly.
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\16\ Sec. 602(d) of the Trade Act of 1974 (Public Law 93-618; 88
Stat. 2402) repealed secs. 252, 253, 254, 255(a), and 256.
\17\ 19 U.S.C. 1881. Sec. 5003(b)(1) of Public Law 105-206 (112
Stat. 789) amended the heading of sec. 251 to read ``normal trade
relations.'' The heading previously read ``most-favored-nation
treatment.''.
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SEC. 255.\18\ TERMINATION.
(b) The President may at any time terminate, in whole or in
part, any proclamation made under this title.
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\18\ 19 U.S.C. 1885.
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SEC. 257. RELATION TO OTHER LAWS.
(a) \19\ * * *
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\19\ Subsecs. (a) and (b) amended sec. 350 of the Tariff Act of
1930.
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(b) \19\ * * *
(c) For purposes only of entering into trade agreements
pursuant to the notices of intention to negotiate published in
the Federal Register of May 28, 1960, and the Federal Register
of November 23, 1960, the period during which the President is
authorized to enter into foreign trade agreements under section
350 of the Tariff Act of 1930 is hereby extended from the close
of June 30, 1962, until close of December 31, 1962.
(d) * * *
(e)(1) Sections 5, 6, 7, and 8(a) of the Trade Agreements
Extension Act of 1951 are repealed.
(2) Action taken by the President under section 5 of such
Act and in effect on the date of the enactment of this Act
shall be considered as having been taken by the President under
section 231.
(3) Any investigation by the United States International
Trade Commission \12\ under section 7 of such Act which is in
progress on the date of the enactment of this Act shall be
continued under section 301 as if the application by the
interested party were a petition under such section for tariff
adjustment under section 351. For purposes of section 301(f),
such petition shall be treated as having been filed on the date
of the enactment of this Act.
(f) Section 2 of the Act entitled ``An Act to extend the
authority of the President to enter into trade agreements under
section 350 of the Tariff Act of 1930, as amended'', approved
July 1, 1954, is repealed. Any action (including any
investigation begun) under such section 2 before the date of
the enactment of this Act shall be considered as having been
taken or begun under section 232.
(g) * * *
(h) \20\ Nothing contained in this Act shall be construed
to affect in any way the provisions of section 22 of the
Agricultural Adjustment Act, or to apply to any import
restriction heretofore or hereafter imposed under such section.
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\20\ 19 U.S.C. 1887.
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(i) \21\ * * *
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\21\ Subsec. (i) amended the Tariff Act of 1930 by adding a new
sec. 323.
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SEC. 258.\22\ REFERENCES.
All provisions of law (other than this Act and the Trade
Agreements Extension Act of 1951) in effect after June 30,
1962, referring to section 350 of the Tariff Act of 1930, to
that section as amended to the Act entitled ``An Act to amend
the Tariff Act of 1930'', approved June 12, 1934, to that Act
as amended, or to agreements entered into, or proclamations
issued, under any such provisions, shall be construed, unless
clearly precluded by the context, to refer also to this Act, or
to agreements entered into or proclamations issued, pursuant to
this Act.
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\22\ 19 U.S.C. 1888.
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TITLE III--TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE \23\
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\23\ Public Law 93-618 (88 Stat. 1978) repealed secs. 301 and 302.
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* * * * * * *
Chapter 2--Assistance to Firms \24\
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\24\ Public Law 93-618 (88 Stat. 1978) repealed secs. 311 through
315 and sec. 317.
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SEC. 316.\25\ ADMINISTRATION OF FINANCIAL ASSISTANCE.
(a) In making and administering guarantees, agreements for
deferred participation, and loans under section 314, the
Secretary of Commerce may--
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\25\ 19 U.S.C. 1916.
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(1) require security for any such guarantee,
agreement, or loan, and enforce, waive, or subordinate
such security;
(2) assign or sell at public or private sale, or
otherwise dispose of, upon such terms and conditions
and for such consideration as he shall determine to be
reasonable, any evidence of debt, contract, claim,
personal property, or security assigned to or held by
him in connection with such guarantees, agreements, or
loans, and collect, compromise, and obtain deficiency
judgments with respect to all obligations assigned to
or held by him in connection with such guarantees,
agreements, or loans until such time as such
obligations may be referred to the Attorney General for
suit or collection;
(3) renovate, improve, modernize, complete, insure,
rent, sell, or otherwise deal with, upon such terms and
conditions and for such consideration as he shall
determine to be reasonable, any real or personal
property conveyed to or otherwise acquired by him in
connection with such guarantees, agreements, or loans;
(4) acquire, hold, transfer, release, or convey any
real or personal property or any interest therein
whenever deemed necessary or appropriate, and execute
all legal documents for such purposes; and
(5) exercise all such other powers and take all such
other acts as may be necessary or incidental to the
carrying out of functions pursuant to section 314.
(b) Any mortgage acquired as security under subsection (a)
shall be recorded under applicable State law.
* * * * * * *
SEC. 318.\26\ PROTECTIVE PROVISIONS.
(a) Each recipient of adjustment assistance under section
313, 314, or 317 shall keep records which fully disclose the
amount and disposition by such recipient of the proceeds, if
any, of such adjustment assistance, and which will facilitate
an effective audit. The recipient shall also keep such other
records as the Secretary of Commerce may prescribe.
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\26\ 19 U.S.C. 1918.
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(b) The Secretary of Commerce and the Comptroller General
of the United States shall have access for the purpose of audit
and examination to any books, documents, papers, and records of
the recipient pertaining to adjustment assistance under
sections 313, 314, and 317.
(c) No adjustment assistance shall be extended under
section 313, 314, or 317 to any firm unless the owners,
partners, or officers certify to the Secretary of Commerce--
(1) the names of any attorneys, agents, and other
persons engaged by or on behalf of the firm for the
purpose of expediting applications for such adjustment
assistance, and
(2) the fees paid or to be paid to any such person.
(d) No financial assistance shall be provided to any firm
under section 314 unless the owners, partners, or officers
shall execute an agreement binding them and the firm for a
period of 2 years after such financial assistance is provided,
to refrain from employing, tendering any office or employment
to, or retaining for professional services any person, who, on
the date such assistance or any part thereof was provided, or
within one year prior thereto, shall have served as an officer,
attorney, agent, or employee occupying a position or engaging
in activities which the Secretary of Commerce shall have
determined involve discretion with respect to the provision of
such financial assistance.
SEC. 319.\27\ PENALTIES.
Whoever makes a false statement of a material fact knowing
it to be false, or knowingly fails to disclose a material fact,
or whoever willfully overvalues any security, for the purpose
of influencing in any way the action of the Secretary of
Commerce under this chapter, or for the purpose of obtaining
money, property, or anything of value under this chapter, shall
be fined not more than $5,000 or imprisoned for not more than
two years, or both.
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\27\ 19 U.S.C. 1919.
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SEC. 320.\28\ SUITS.
In providing technical and financial assistance under
sections 313 and 314, the Secretary of Commerce may sue and be
sued in any court of record of a State having general
jurisdiction or in any United States district court, and
jurisdiction is conferred upon such district court to determine
such controversies without regard to the amount in controversy;
but no attachment, injunction, garnishment, or other similar
process, mesne or final, shall be issued against him or his
property. Nothing in this section shall be construed to except
the activities pursuant to sections 313 and 314 from the
application of sections 507(b) and 2679 of title 28 of the
United States Code, and of section 367 of the Revised Statutes
(5 U.S.C. sec. 316).\29\
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\28\ 19 U.S.C. 1920.
\29\ Public Law 93-618 (88 Stat. 1978) repealed secs. 321 through
338, relating to assistance to workers.
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Chapter 4--Tariff Adjustment
SEC. 351.\30\ AUTHORITY.
(a)(1) After receiving an affirmative finding of the United
States International Trade Commission \13\ under section 301(b)
with respect to an industry, the President may proclaim such
increase in, or imposition of, any duty or other import
restriction on the article causing or threatening to cause
serious injury to such industry as he determines to be
necessary to prevent or remedy serious injury to such industry.
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\30\ 19 U.S.C. 1981.
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(2) If the President does not, within 60 days after the
date on which he receives such affirmative finding, proclaim
the increase in, or imposition of, any duty or other import
restriction on such article found and reported by the United
States International Trade Commission pursuant to section
301(e)--
(A) he shall immediately submit a report to the House
of Representatives and to the Senate stating why he has
not proclaimed such increase or imposition, and
(B) such increase or imposition shall take effect (as
provided in paragraph (3)) upon the adoption by both
Houses of the Congress (within the 60-day period
following the date on which the report referred to in
subparagraph (A) is submitted to the House of
Representatives and the Senate), by the yeas and nays
by the affirmative vote of a majority of the authorized
membership of each House, of a concurrent resolution
stating in effect that the Senate and House of
Representatives approve the increase in, or imposition
of, any duty or other import restriction on the article
found and reported by the United States International
Trade Commission.\13\
For purposes of subparagraph (B), in the computation of the 60-
day period there shall be excluded the days on which either
House is not in session because of adjournment of more than 3
days to a day certain or an adjournment of the Congress sine
die. The report referred to in subparagraph (A) shall be
delivered to both Houses of the Congress on the same day and
shall be delivered to the Clerk of the House of Representatives
if the House of Representatives is not in session and to the
Secretary of the Senate if the Senate is not in session.
(3) In any case in which the contingency set forth in
paragraph (2)(B) occurs, the President shall (within 15 days
after the adoption of such resolution) proclaim the increase
in, or imposition of, any duty or other import restriction on
the article which was found and reported by the United States
International Trade Commission \13\ pursuant to section 301(e).
(4) The President may, within 60 days after the date on
which he receives an affirmative finding of the United States
International Trade Commission \13\ under section 301(b) with
respect to an industry, request additional information from the
United States International Trade Commission.\13\ The United
States International Trade Commission \13\ shall, as soon as
practicable but in no event more than 120 days after the date
on which it receives the President's request, furnish
additional information with respect to such industry in a
supplemental report. For purposes of paragraph (2), the date on
which the President receives such supplemental report shall be
treated as the date on which the President received the
affirmative finding of the United States International Trade
Commission \13\ with respect to such industry.
(b) No proclamation pursuant to subsection (a) shall be
made--
(1) increasing any rate of duty to a rate more than
50 percent above the rate existing on July 1, 1934, or,
if the article is dutiable but no rate existed on July
1, 1934, the rate existing at the time of the
proclamation,
(2) in the case of an article not subject to duty,
imposing a duty in excess of 50 percent ad valorem.
For purposes of paragraph (1), the term ``existing on July 1,
1934'' has the meaning assigned to such term by paragraph (5)
of section 256.
(c)(1) Any increase in, or imposition of, any duty or other
import restriction proclaimed pursuant to this section or
section 7 of the Trade Agreements Extension Act of 1951--
(A) may be reduced or terminated by the President
when he determines, after taking into account the
advice received from the United States International
Trade Commission \13\ under subsection (d)(2) and after
seeking advice of the Secretary of Commerce and the
Secretary of Labor, that such reduction or termination
is in the national interest, and
(B) unless extended under section 203 \31\ of the
Trade Act of 1974, shall terminate not later than the
close of the date which is 4 years (or in the case of
any such increase or imposition proclaimed pursuant to
such section 7, 5 years) after the effective date of
the initial proclamation or the date of the enactment
of this Act, whichever date is the later.
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\31\ Sec. 602(c) of Public Law 93-608 (88 Stat. 2072) struck out a
reference to subsec. (c)(2) and inserted in lieu thereof a reference to
sec. 203.
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(2) \32\ * * * [Repealed--1975]
---------------------------------------------------------------------------
\32\ Repealed by Public Law 93-618 (88 Stat. 1978). See sec. 232 of
Public Law 93-618 for similar text.
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(d)(1) So long as any increase in, or imposition of, any
duty or other import restriction pursuant to this section or
pursuant to section 7 of the Trade Expansion Act of 1951
remains in effect, the United States International Trade
Commission \13\ shall keep under review developments with
respect to the industry concerned, and shall make annual
reports to the President concerning such developments.
(2) Upon request of the President or upon its own motion,
the United States International Trade Commission \13\ shall
advise the President of its judgment as to the probable
economic effect on the industry concerned of the reduction or
termination of the increase in, or imposition of, any duty or
other import restriction pursuant to this section or section 7
of the Trade Agreements Extension Act of 1951.
(3) \32\ * * *
(4) In advising the President under this subsection as to
probable economic effect on the industry concerned, the United
States International Trade Commission \13\ shall take into
account all economic factors which it considers relevant
including idling of productive facilities, inability to operate
at a level of reasonable profit, and unemployment or
underemployment.
(5) Advice by the United States International Trade
Commission \13\ under this subsection shall be given on the
basis of an investigation during the course of which the United
States International Trade Commission \13\ shall hold a hearing
at which interested persons shall be given a reasonable
opportunity to be present, to produce evidence, and to be
heard.
(e) The President, as soon as practicable, shall take such
action as he determines to be necessary to bring trade
agreements entered into under section 350 of the Tariff Act of
1930 into conformity with the provisions of this section. No
trade agreement shall be entered into under section 201(a)
unless such agreement permits action in conformity with the
provisions of this section.
SEC. 352.\33\ ORDERLY MARKETING AGREEMENTS.
(a) After receiving an affirmative finding of the United
States International Trade Commission \13\ under section 301(b)
with respect to an industry, the President may, in lieu of
exercising the authority contained in section 351(a)(1) but
subject to the provisions of section 351(a) (2), (3), and (4),
negotiate international agreements with foreign countries
limiting the export from such countries and the import into the
United States of the article causing or threatening to cause
serious injury to such industry, whenever he determines that
such action would be more appropriate to prevent or remedy
serious injury to such industry than action under section
351(a)(1).
---------------------------------------------------------------------------
\33\ 19 U.S.C. 1982.
---------------------------------------------------------------------------
(b) In order to carry out an agreement concluded under
subsection (a), the President is authorized to issue
regulations governing the entry or withdrawal from warehouse of
the article covered by such agreement. In addition, in order to
carry out a multilateral agreement concluded under subsection
(a) among countries accounting for significant part of world
trade in the article covered by such agreement, the President
is also authorized to issue regulations governing the entry or
withdrawal from warehouse of the like article which is the
product of countries not parties to such agreement.\34\
---------------------------------------------------------------------------
\34\ Public Law 93-618 (88 Stat. 1978) repealed sec. 361 relating
to the advisory board.
---------------------------------------------------------------------------
TITLE IV--GENERAL PROVISIONS \35\
---------------------------------------------------------------------------
\35\ Secs. 401, 402, 403, and 405 (1), (3), (4), and (5) were
repealed by Public Law 93-618 (88 Stat. 1978).
---------------------------------------------------------------------------
SEC. 405.\36\ DEFINITIONS.
For purposes of this Act--
---------------------------------------------------------------------------
\36\ 19 U.S.C. 1806.
---------------------------------------------------------------------------
* * * * * * *
(2) The term ``duty or other import restriction''
includes (A) the rate and form of an import duty, and
(B) a limitation prohibition, charge, and exaction
other than duty, imposed on importation or imposed for
the regulation of imports.
* * * * * * *
(6) The term ``modification'', as applied to any duty
or other import restriction, includes the elimination
of any duty.
(23) Designated Beneficiary Developing Countries for Purposes of the
Generalized System of Preferences, the Caribbean Basin Economic
Recovery Act, and the Andean Trade Preference Act
Partial text of Harmonized Tariff Schedule of the United States, as
reported by the United States International Trade Commission, pursuant
to sec. 1207 of the Omnibus Trade and Competitiveness Act of 1988
(Public Law 100-418; 19 U.S.C. 3007)
general notes
Note.--The general notes to the Harmonized Tariff
Schedule of the United States (HTS), listing those
countries whose products are eligible for benefits with
respect to the Generalized System of Preferences (GSP),
the Caribbean Basin Economic Recovery Act (CBERA), and
the Andean Trade Preference Act (ATPA), and the
articles of those countries that are eligible for
benefits, are modified and amended throughout the year
by Executive Order or by Presidential Proclamation.
Information on the latest changes in country and
product designations may be obtained by consulting the
Code of Federal Regulations (CFR, Title 3--The
President), the Federal Register Index, the U.S. Code
Congressional and Administrative News, or the current
version of the Tariff Schedules that is maintained and
published periodically by the United States
International Trade Commission (USITC Publication 3833,
available at http://hotdocs.usitc.gov/docs/tata/hts/
bychapter/0600HTSA1.pdf). The lists of countries
reproduced below are current as of the date of
publication of this volume.
* * * * * * *
3. Rates of Duty.--The rates of duty in the ``Rate of
Duty'' columns designated 1 (``General'' and ``Special'') and 2
of the tariff schedule apply to goods imported into the customs
territory of the United States as hereinafter provided in this
note:
(a) Rate of Duty Column 1.
(i) Except as provided in subparagraphs (iv) of this
paragraph, the rates of duty in column 1 are rates
which are applicable to all products other than those
of countries enumerated in paragraph (b) of this note.
Column 1 is divided into two subcolumns, ``General''
and ``Special'', which are applicable as provided
below.
(ii) The ``General'' subcolumn sets forth the general
or normal trade relations (NTR) \1\ rates which are
applicable to products of those countries described in
subparagraph (i) above which are not entitled to
special tariff treatment as set forth below.
---------------------------------------------------------------------------
\1\ Sec. 5003 of Public Law 105-206 (112 Stat. 789) struck all
references to ``most-favored-nation'' or ``MFN'' and inserted in lieu
thereof ``normal trade relations'' or ``NTR''.
---------------------------------------------------------------------------
(iii) The ``Special'' subcolumn reflects rates of
duty under one or more special tariff treatment
programs described in paragraph (c) of this note and
identified in parentheses immediately following the
duty rate specified in such subcolumn. These rates
apply to those products which are properly classified
under a provision for which a special rate is indicated
and for which all of the legal requirements for
eligibility for such program or programs have been met.
Where a product is eligible for special treatment under
more than one program, the lowest rate of duty provided
for any applicable program shall be imposed. Where no
special rate of duty is provided for a provision, or
where the country from which a product otherwise
eligible for special treatment was imported is not
designated as a beneficiary country under a program
appearing with the appropriate provision, the rates of
duty in the ``General'' subcolumn of column 1 shall
apply.
(iv) Products of Insular Possessions. * * *
(v) \2\ Products of the West Bank, the Gaza Strip or
a Qualifying Industrial Zone.
---------------------------------------------------------------------------
\2\ Subpara. (v) was added by Presidential Proclamation 6955 of
November 13, 1996 (61 F.R. 58761), as authorized by sec. 906 of the
United States-Israel Free Trade Area Implementation Act of 1985 (Public
Law 99-47, 99 Stat. 82, as amended).
---------------------------------------------------------------------------
(A) Subject to the provisions of this
paragraph, articles which are imported directly
from the West Bank, the Gaza Strip, a
qualifying industrial zone as defined in
subdivision (G) of this subparagraph or Israel
and are--
(1) wholly the growth, product or
manufacture of the West Bank, the Gaza
Strip or a qualifying industrial zone;
or
(2) new or different articles of
commerce that have been grown, produced
or manufactured in the West Bank, the
Gaza Strip or a qualifying industrial
zone, and the sum of--
(I) the cost or value of the
materials produced in the West
Bank, the Gaza Strip or a
qualifying industrial zone or
Israel, plus
(II) the direct costs of
processing operations (not
including simple combining or
packaging operations, and not
including mere dilution with
water or with another substance
that does not materially alter
the characteristics of such
articles) performed in the West
Bank, the Gaza Strip or a
qualifying industrial zone or
Israel,
is not less than 35 percent of
the appraised value of such
articles;
shall be eligible for duty-free entry
into the customs territory of the
United States. For purposes of
subdivision (A)(2), materials which are
used in the production of articles in
the West Bank, the Gaza Strip or a
qualifying industrial zone, and which
are the product of the United States,
may be counted in an amount up to 15
percent of the appraised value of such
articles.
(B) Articles are ``imported directly'' for
the purposes of this paragraph if--
(1) they are shipped directly from
the West Bank, the Gaza Strip, a
qualifying industrial zone or Israel
into the United States without passing
through the territory of any
intermediate country; or
(2) they are shipped through the
territory of an intermediate country,
and the articles in the shipment do not
enter into the commerce of any
intermediate country and the invoices,
bills of lading and other shipping
documents specify the United States as
the final destination; or
(3) they are shipped through an
intermediate country and the invoices
and other documents do not specify the
United States as the final destination,
and the articles--
(I) remain under the control
of the customs authority in an
intermediate country;
(II) do not enter into the
commerce of an intermediate
country except for the purpose
of a sale other than at retail,
but only if the articles are
imported as a result of the
original commercial
transactions between the
importer and the producer or
the producer's sales agent; and
(III) have not been subjected
to operations other than
loading, unloading or other
activities necessary to
preserve the articles in good
condition.
(C) The term ``new or different articles of
commerce'' means that articles must have been
substantially transformed in the West Bank, the
Gaza Strip or a qualifying industrial zone into
articles with a new name, character or use.
(D)(1) For the purposes of subdivision
(A)(2)(I), the cost or value of materials
produced in the West Bank, the Gaza Strip or a
qualifying industrial zone includes--
(I) the manufacturer's actual cost
for the materials;
(II) when not included in the
manufacturer's actual cost for the
materials, the freight, insurance,
packing and all other costs incurred in
transporting the materials to the
manufacturer's plant;
(III) the actual cost of waste or
spoilage, less the value of recoverable
scrap; and
(IV) taxes or duties imposed on the
materials by the West Bank, the Gaza
Strip or a qualifying industrial zone,
if such taxes are not remitted on
exportation.
(2) If a material is provided to the
manufacturer without charge, or at less than
fair market value, its cost or value shall be
determined by computing the sum of--
(I) all expenses incurred in the
growth, production or manufacturer of
the material, including general
expenses;
(II) an amount for profit; and
(III) freight, insurance, packing and
all other costs incurred in
transporting the material to the
manufacturer's plant.
(3) If the information necessary to compute
the cost or value of a material is not
available, the Customs Service may ascertain or
estimate the value thereof using all reasonable
methods.
(E)(1) For purposes of this paragraph, the
``direct costs of processing operations
performed in the West Bank, the Gaza Strip or a
qualifying industrial zone'' with respect to an
article are those costs either directly
incurred in, or which can be reasonably
allocated to, the growth, production,
manufacture or assembly of that article. Such
costs include, but are not limited to, the
following to the extent that they are
includible in the appraised value of articles
imported into the United States:
(I) All actual labor costs involved
in the growth, production, manufacture
or assembly of the article, including
fringe benefits, on-the-job training
and costs of engineering, supervisory,
quality control and similar personnel;
(II) Dies, molds, tooling and
depreciation on machinery and equipment
which are allocable to such articles;
(III) Research, development, design,
engineering and blueprint costs insofar
as they are allocable to such articles;
and
(IV) Costs of inspecting and testing
such articles.
(2) Those items that are not included as
direct costs of processing operations with
respect to an article are those which are not
directly attributable to the article or are not
costs of manufacturing the article. Such items
include, but are not limited to--
(I) profit; and
(II) general expenses of doing
business which are either not allocable
to the article or are not related to
the growth, production, manufacture or
assembly of the article, such as
administrative salaries, casualty and
liability insurance, advertising and
salesmen's salaries, commissions or
expenses.
(F) Whenever articles are entered with a
claim for the duty exemption provided in this
paragraph--
(1) the importer shall be deemed to
certify that such articles meet all of
the conditions for duty exemption; and
(2) when requested by the Customs
Service, the importer, manufacturer or
exporter submits a declaration setting
forth all pertinent information with
respect to such articles, including the
following:
(I) A description of such
articles, quantities, numbers
and marks of packages, invoice
numbers and bills of lading;
(II) A description of the
operations performed in the
production of such articles in
the West Bank, the Gaza Strip,
a qualifying industrial zone or
Israel and an identification of
the direct costs of processing
operations;
(III) A description of the
materials used in the
production of such articles
which are wholly the growth,
product, or manufacture of the
West Bank, the Gaza Strip, a
qualifying industrial zone,
Israel or the United States,
and a statement as to the cost
or value of such materials;
(IV) A description of the
operations performed on, and a
statement as to the origin and
cost or value of, any foreign
materials used in such articles
which are claimed to have been
sufficiently processed in the
West Bank, the Gaza Strip, a
qualifying industrial zone or
Israel so as to be materials
produced in the West Bank, the
Gaza Strip, a qualifying
industrial zone or Israel; and
(V) A description of the
origin and cost or value of any
foreign materials used in the
article which have not been
substantially transformed in
the West Bank, the Gaza Strip
or a qualifying industrial
zone.
(G) For the purposes of this paragraph, a
``qualifying industrial zone'' means any area
that--
(1) encompasses portions of the
territory of Israel and Jordan or
Israel and Egypt;
(2) has been designated by local
authorities as an enclave where
merchandise may enter without payment
of duty or excise taxes; and
(3) has been designated by the United
States Trade Representative in a notice
published in the Federal Register as a
qualifying industrial zone.
(b) \3\ Rate of Duty Column 2.--Notwithstanding any of the
foregoing provisions of this note, the rates of duty shown in
column 2 shall apply to products, whether imported directly or
indirectly, of the following countries and areas pursuant to
section 401 of the Tariff Classification Act of 1962, to
section 231 or 257(e)(2) of the Trade Expansion Act of 1962, to
section 404(a) of the Trade Act of 1974 or to any other
applicable section of law, or to action taken by the President
thereunder:
---------------------------------------------------------------------------
\3\ The duty rate in column 2 applies to countries to which normal
trade relations (NTR) status is currently denied.
Albania was removed from the list by Presidential Proclamation 6445
of June 15, 1992 (57 F.R. 26921), effective on the date of exchange of
written notice of acceptance in accordance with article XVII of the
Agreement on Trade Relations Between the United States of America and
the Republic of Albania (Nov. 2, 1992).
The term ``Union of Soviet Socialist Republics'' was deleted by
Presidential Proclamation 6544 of April 13, 1993 (58 F.R. 19547) and
para. (7) of that proclamation instead inserted in alphabetical
sequence ``Azerbaijan'', ``Georgia'', ``Tajikistan'', ``Turkmenistan'',
and ``Uzbekistan''. That proclamation further provided: ``Upon notice
by the USTR in the Federal Register that a trade agreement has been
concluded between the United States and a republic listed in paragraph
(7) of this proclamation and general note 3(b) to the HTS, such
republic shall be deleted from general note 3(b) as of the date
announced by the USTR as the effective date of such trade agreement.''.
Romania was removed from the list by Presidential Proclamation 6577
of July 2, 1993 (58 F.R. 36301), upon the signing of an Agreement on
Trade Relations Between the United States of America and Romania. See
also note 6.
Kampuchea (Cambodia) was struck from the list pursuant to sec. 2(a)
of Public Law 104-203 (110 Stat. 2872), upon the entry into force of a
trade agreement obligating reciprocal normal trade relations treatment
between Cambodia and the United States. Such an agreement entered into
force on October 25, 1996 (USTR notice, 61 F.R. 56256).
Vietnam was struck from the list pursuant to Executive Order No.
13079 of April 7, 1998 (63 F.R. 17309).
Yugoslavia (Serbia and Montenegro) were restricted pursuant to
Public Law 102-420 (106 Stat. 2149). In Presidential Determination No.
96-7 of December 27, 1995 (61 F.R. 2887), the President suspended the
application of sanctions imposed on Serbia and Montenegro.
Afghanistan was struck from the list pursuant to Presidential
Proclamation 7553 of May 3, 2002 (67 F.R. 30535).
Laos was struck from the list pursuant to sec. 2005 of Public Law
108-429 (118 Stat. 2596) upon the entry into force of a trade agreement
obligating reciprocal normal trade relations treatment between Laos and
the United States. Such an agreement entered into force on February 4,
2005 (USTR notice, 70 F.R. 7319).
---------------------------------------------------------------------------
North Korea
* * * * * * *
4. Products of Countries Designated Beneficiary Developing
Countries for Purposes of the Generalized System of Preferences
(GSP).\4\
---------------------------------------------------------------------------
\4\ Presidential Proclamation 6030 of September 28, 1989 (54 F.R.
40839) struck the Marshall Islands and Federated States of Micronesia
from this list, pursuant to secs. 101 and 401 of the Compact of Free
Association Act of 1985 (99 Stat. 1773 and 1838). See general note 10.
---------------------------------------------------------------------------
(a) The following countries, territories, and associations
of countries eligible for treatment as one country (pursuant to
section 507(2) of the Trade Act of 1974 (19 U.S.C. 2467(2)) are
designated beneficiary developing countries for the purposes of
the Generalized System of Preferences, provided for in Title V
of the Trade Act of 1974, as amended (19 U.S.C. 2461 et seq.):
Independent Countries \5\
Afghanistan
Albania
Angola
Antigua and Barbuda
Argentina
Algeria
---------------------------------------------------------------------------
\5\ Deletions from the list of independent countries include:
---------------------------------------------------------------------------
Sudan (Presidential Proclamation 6282 of April 25, 1991 (56 F.R. 19525));
Yugoslavia (Presidential Proclamation 6389 of December 5, 1991 (56 F.R.
64467)); Syria (Presidential Proclamation 6447 of June 15, 1992 (57 F.R.
26981)); Mauritania (Presidential Proclamation 6575 of June 25, 1993 (58
F.R. 34855)); Mexico (as part of implementing NAFTA; Presidential
Proclamation 6641 of December 15, 1993 (58 F.R. 66867)); The Bahamas and
Israel (Presidential Proclamation 6767 of February 3, 1995 (60 F.R. 7427));
Maldives (Presidential Proclamation 6813 of July 28, 1995 (60 F.R. 39095));
Cyprus and Malaysia (Presidential Proclamation 6942 of October 17, 1996 (61
F.R. 54719)); That proclamation also corrected how Guinea-Bissau and the
Republic of Yemen were listed; Belarus, Malta and Slovenia, effective
January 1, 2002 (Presidential Proclamation 7328 of July 6, 2000 (65 F.R.
42595); Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, and
Slovakia were terminated on the date when each country became a European
Union member state (Presidential Proclamation 7758 of March 1, 2004 (69
F.R. 10131)).
---------------------------------------------------------------------------
Additions to the list of independent countries:
---------------------------------------------------------------------------
Czechoslovakia (Presidential Proclamation 6282 of April 25, 1991 (56 F.R.
19525); Czechoslovakia redesignated as the Czech Republic and Slovakia
(Presidential Proclamation 6544 of April 13, 1993 (58 F.R. 19547));
Bulgaria (Presidential Proclamation 6388 of December 4, 1991 (56 F.R.
63863)); Estonia, Latvia, and Lithuania (Presidential Proclamation 6402 of
February 5, 1992 (57 F.R. 4833)); ``Each of the former republics of the
Socialist Federal Republic of Yugoslavia other than Serbia and Montenegro''
(Presidential Proclamation 6465 of August 25, 1992 (57 F.R. 39095))
(subsequently changed to separately listed: Bosnia and Hercegovina,
Croatia, Macedonia, and Slovenia by Presidential Proclamation 6804 of May
22, 1995 (60 F.R. 27657)); Ethiopia (Presidential Proclamation 6517 of
December 23, 1992 (57 F.R. 61757)); Albania (Presidential Proclamation 6575
of June 25, 1993 (58 F.R. 34855)); Russia (Presidential Proclamation 6599
of September 30, 1993 (58 F.R. 51561)); Kyrgyzstan (Presidential
Proclamation 6635 of December 9, 1993 (58 F.R. 65279)); Kazakhstan and
Romania (Presidential Proclamation 6650 of February 16, 1994 (59 F.R.
8115)); Ukraine (Presidential Proclamation 6655 of March 3, 1994 (59 F.R.
10725)); South Africa (Presidential Proclamation 6676 of April 21, 1994;
(59 F.R. 19629)); Belarus and Uzbekistan (Presidential Proclamation 6714 of
August 17, 1994 (59 F.R. 43023)); Armenia (Presidential Proclamation 6767
of February 3, 1995 (60 F.R. 7427)); Moldova (Presidential Proclamation
6813 of July 28, 1996 (60 F.R. 39095)); Cambodia (Presidential Proclamation
7007 of May 30, 1997 (62 F.R. 30415)); Gabon, Mauritania (suspension
pursuant to Presidential Proclamation of 6575 of June 25,1993 ended);
Mongolia (Presidential Proclamation 7206 of June 30, 1999 (64 F.R. 36229));
Nigeria (Presidential Proclamation 7335 of August 27, 2000 (65 F.R.
52903)); Eritrea (Presidential Proclamation 7350 of October 2, 2000 (65
F.R. 59321)); Samoa (designation of Western Samoa modified to apply to
Samoa, and Samoa designated a least-developed beneficiary country by
Presidential Proclamation 7383 of December 1, 2000 (65 F.R. 76551));
Georgia (Presidential Proclamation 7454 of June 29, 2001 (66 F.R. 35365));
Afghanistan (Presidential Proclamation 7637 of January 10, 2003 (68 F.R.
1949)); Algeria (Presidential Proclamation 7758 of March 1, 2004 (69 F.R.
10131)); Iraq (Presidential Proclamation 7808 of September 7, 2004 (69 F.R.
54739)); Serbia and Montenegro (Presidential Proclamation 7912 of June 30,
2005 (70 F.R. 37957)).
Armenia
Bahrain \6\
Bangladesh
Barbados
Belize
Benin
Bhutan
Bolivia
Bosnia and Hercegovina
Botswana
Brazil
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Central African Republic
Chad
Chile
Colombia
Comoros
Congo (Brazzaville) \7\
Congo (Kinshasa) \7\
Costa Rica
Cote d'Ivoire
Croatia
Djibouti
Dominica
Dominican Republic \8\
Ecuador
Egypt
El Salvador \6\
Equatorial Guinea
Eritrea
Ethiopia
Fiji \6\
Gabon
Gambia, The
Georgia
Ghana
Grenada
Guatemala \6\, \8\
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras \8\
India
Indonesia \6\
Iraq
Jamaica
Jordan
Kazakhstan
Kenya
Kiribati
Kyrgyzstan
Lebanon
Lesotho
Macedonia, Former Yugoslav
Republic of
Madagascar
Malawi \6\
Mali
Mauritania \6\
Mauritius
Moldova
Mongolia
Mozambique
Namibia
Nepal
---------------------------------------------------------------------------
\6\ In a memorandum of June 25, 1993, to the U.S. Trade
Representative (58 F.R. 34861), the President determined ``that Panama
has taken or is taking steps to afford international recognized worker
rights, and I have determined that Mauritania has not taken and is not
taking steps to afford such internationally recognized rights.
Therefore, I am notifying the Congress of my intention to suspend the
GSP eligibility of Mauritania. Finally, I have determined to continue
to review the status of such worker rights in Bahrain, El Salvador,
Fiji, Guatemala, Indonesia, Malawi, Oman, and Thailand.''. Mauritania
subsequently was deleted from the list of independent countries and
from the list of least-developed beneficiary countries; see note 5. The
suspension pursuant to this Presidential Proclamation was lifted by
Presidential Proclamation 7206 of June 30, 1999 (64 F.R. 36229).
\7\ In Presidential Proclamation 7206 of June 30, 1999, the
President deleted ``Congo'' and ``Zaire'' from the list of independent
countries, and inserted in lieu thereof ``Congo (Brazzaville)'' and
``Congo (Kinshasa)'' respectively.
\8\ In a memorandum of June 25, 1993, to the U.S. Trade
Representative (58 F.R. 34861), the President determined that, ``after
considered various private sector requests for a review of whether or
not certain beneficiary developing countries are providing adequate and
effective means under their laws for foreign nationals to secure, to
exercise, and to enforce exclusive rights in intellectual property,
including patents, trademarks, and copyrights, I have determined to
continue the review of the Dominican Republic, Guatemala, and
Honduras.''.
On June 14, 1996, the Office of the U.S. Trade Representative
issued a notice to retroactively suspend certain GSP benefits for
Pakistan (61 F.R. 30646).
On May 27, 1997, the Office of the U.S. Trade Representative issued
a notice of intention to recommend withdrawal of certain benefits with
respect to Honduras, stating that, ``in light of a determination that
Honduras fails to provide adequate and effective means under its laws
for foreign nationals to secure, exercise, and enforce exclusive rights
in intellectual property, the Trade Policy Staff Committee (TPSC) will
recommend to the President that he partially withdraw duty-free
treatment accorded Honduras under the Generalized System of Preferences
(GSP) program and the Caribbean Basin Initiative (CBI).'' (62 F.R.
28915).
---------------------------------------------------------------------------
Niger
Nigeria
Oman \6\
Pakistan \8\
Panama \6\
Papua New Guinea
Paraguay
Peru \9\
Philippines
Poland
Romania
Russia
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa \5\
Sao Tome and Principe
Senegal
Serbia and Montenegro
Seychelles
Sierra Leone
Solomon Islands
Somalia
South Africa
Sri Lanka
Suriname
Swaziland
Tanzania
Thailand \6\
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Tuvalu
Uganda
Uruguay
Uzbekistan
Vanuatu
Venezuela
Republic of Yemen
Zambia
Zimbabwe
---------------------------------------------------------------------------
\9\ In a memorandum of June 25, 1993, to the United States Trade
Representative (58 F.R. 34861), the President continued a review of
alleged expropriation without compensation of property of a U.S.
citizen in Peru. See also note 20.
\10\ Presidential Proclamation 6763 of December 23, 1994 (60 F.R.
1007) deleted Palau from this list and added it under general note 10.
Presidential Proclamation No. 7328 of July 6, 2000 (65 F.R. 42595)
deleted French Polynesia and New Caledonia from the list, effective
January 1, 2002.
Presidential Proclamation 6778 of March 17, 1995 (60 F.R. 15455, as
amended at 60 F.R. 25266) added the West Bank and Gaza Strip. That
proclamation further provided that:
---------------------------------------------------------------------------
``(3) The extension of the Generalized System of Preferences program to
the West Bank and Gaza Strip pursuant to this proclamation applies only to
goods produced in the areas for which arrangements are being established
for Palestinian Interim Self-Government, as set forth in Articles I, III,
and IV of the Declaration of Principles on Interim Self-Government
Arrangements.''.
---------------------------------------------------------------------------
Presidential Proclamation 6942 of October 17, 1996 (61 F.R. 54719)
deleted Aruba, Cayman Islands, Greenland, Macau, and Netherlands
Antilles.
---------------------------------------------------------------------------
Non-Independent Countries and Territories \10\
Anguilla
British Indian Ocean Territory
Christmas Island (Australia)
Cocos (Keeling) Islands
Cook Islands
Falkland Islands (Islas Malvinas)
Gibraltar
Heard Island and McDonald Islands
Montserrat
Niue
Norfolk Island
Pitcairn Island
Saint Helena
Tokelau
Turks and Caicos Islands
Virgin Islands, British
Wallis and Futuna
West Bank and Gaza Strip
Western Sahara
Associations of Countries (treated as one country)
Member Countries of the Cartagena Agreement (Andean Group)
Consisting of:
Bolivia
Colombia
Ecuador
Peru \9\
Venezuela
Members of the Association of South East Asian Nations (ASEAN) \11\
Consisting of:
Cambodia\12\
Indonesia \6\
Philippines
Thailand
Member Countries of the Caribbean Common Market (CARICOM), except The
Bahamas \13\
Consisting of:
Antigua and Barbuda
Barbados
Belize
Dominica
Grenada
Guyana
Jamaica
Montserrat
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Trinidad and Tobago
Member Countries of the West African Economic and Monetary Union
(WAEMU) \14\
Consisting of:
Benin
Burkina Faso
Cote d'Ivoire
Guinea-Bissau
Mali
Niger
Senegal
Togo
Member Countries of the Southern Africa Development Community (SADC)
Currently qualifying:
Botswana
Mauritius
Tanzania
Member Countries of the South Asian Association for Regional
Cooperation (SAARC)
Currently qualifying:
Bangladesh
Bhutan
India
Nepal
Pakistan
Sri Lanka
(b)(1) The following beneficiary countries are designated
as least-developed beneficiary developing countries pursuant to
section 502(a)(2) of the Trade Act of 1974, as amended: \15\
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\11\ Presidential Proclamation 6942 of October 17, 1996 (61 F.R.
54719) struck Malaysia from this list and restated the title to reflect
the change.
\12\ Presidential Proclamation 7206 of June 30, 1999 (64 F.R.
36229) added Cambodia to the list of countries identified as members of
ASEAN. The same proclamation deleted ``Members of the Association of
South East Asian Nations (ASEAN) Eligible for GSP except Brunei
Darussalam, Malaysia, and Singapore'' and inserted in lieu thereof the
title heading and countries listed above.
\13\ Presidential Proclamation 6767 of February 3, 1995 (60 F.R.
7427) deleted the Bahamas from this list.
\14\ In Presidential Proclamation 7107 of June 30, 1998 (63 F.R.
36532) the President determined that members of the West African
Economic and Monetary Union (WAEMU) should be treated as one country
pursuant to sec. 507(2) of the Trade Act of 1974 for the purposes of
title V of the Act.
\15\ Presidential Proclamation 6813 of July 28, 1995 (60 F.R.
39095) struck Maldives from general note 4(b). Presidential
Proclamation 6942 of October 17, 1996 (61 F.R. 54719) struck Botswana
and Western Samoa from general note 4(b), and added Angola, Ethiopia,
Madagascar, Zaire, and Zambia. That proclamation also corrected how the
Republic of Yemen is listed. Presidential Proclamation 7007 of May 30,
1997 (62 F.R. 30415) added Cambodia. In Presidential Proclamation 7206
of June 30, 1999 (64 F.R. 36229), general note 4(b)(1) was modified by
deleting ``Zaire'' and inserting in lieu thereof in alphabetical order
``Congo (Kinshasa)''. Also in Presidential Proclamation 7206,
Mauritania was restored as a least-developed beneficiary developing
country under the GSP. In Presidential Proclamation 7383 of December 1,
2000 (65 F.R. 76551), the President determined, ``the designation of
Western Samoa as a beneficiary developing country under the GSP should
be modified so that the designation applies to Samoa. Furthermore,
pursuant to section 502 of the 1974 Act, and having due regard for the
eligibility criteria set forth therein, I have determined that it is
appropriate to designate Samoa as a least-developed beneficiary
developing country for purposes of the GSP.''. Presidential
Proclamation 7637 of January 10, 2003 (68 F.R. 1949) added Afghanistan.
---------------------------------------------------------------------------
Zambia
Whenever an eligible article which is the growth, product or
manufacture of one of the countries designated as a least-
developed beneficiary developing country is imported into the
customs territory of the United States directly from such
country, such article shall be entitled to receive the duty-
free treatment provided for in subdivision (c) of this note
without regard to the limitations on preferential treatment of
eligible articles in section 503(c)(2)(A) of the Trade Act, as
amended (19 U.S.C. 2464(c)(2)(A)).
* * * * * * *
7. Products of Countries Designated as Beneficiary
Countries for Purposes of the Caribbean Basin Economic Recovery
Act (CBERA).
(a) The following countries and territories or successor
political entities are designated beneficiary countries for the
purposes of the CBERA, pursuant to section 212 of that Act (19
U.S.C. 2702):
Antigua and Barbuda
Arubaa
Bahamasesh
Barbados
Belize
Costa Ricaso
Dominica
Dominican Republic \8\
El Salvador \6\
Grenada African Republic
Guatemala \6\, \8\
Guyanas
Haiti (Kinshasa) \15\
Honduras \8\
Jamaicaial Guinea
Montserrat
Netherlands Antilles
Nicaragua \16\
Panama \6\sau
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Trinidad and Tobago
Virgin Islands, British
* * * * * * *
---------------------------------------------------------------------------
\16\ Presidential Proclamation 6223 of November 8, 1990 (55 F.R.
47447) designated Nicaragua as a beneficiary country for purposes of
the CBERA.
---------------------------------------------------------------------------
8. United States-Israel Free Trade Implementation Act of
1985.
(a) The products of Israel described in Annex 1 of the
Agreement on the Establishment of a Free Trade Area between the
Government of the United States of America and the Government
of Israel, entered into on April 22, 1985, are subject to duty
as provided herein. Products of Israel, as defined in
subdivision (b) of this note, imported into the customs
territory of the United States and entered under a provision
for which a rate of duty appears in the ``Special'' subcolumn
followed by the symbol ``IL'' in parentheses are eligible for
the tariff treatment set for in the ``Special'' subcolumn, in
accordance with section 4(a) of the United States-Israel Free
Trade Area Implementation Act of 1985 (99 Stat. 82).
* * * * * * *
10. Products of the Freely Associated States.
(a) Pursuant to sections 101 and 401 of the Compact of Free
Association Act of 1985 (99 Stat. 1773 and 1838), the following
countries shall be eligible for treatment as freely associated
states:
---------------------------------------------------------------------------
\17\ Sec. 9 of Presidential Proclamation 6763 of December 23, 1994
(60 F.R. 1007) added the Republic of Palau.
Marshall Islands
Micronesia, Federated States of
Republic of Palau \17\
* * * * * * *
11.\18\ Products of Countries Designated as Beneficiary
Countries for Purposes of the Andean Trade Preference Act
(ATPA).
---------------------------------------------------------------------------
\18\ Presidential Proclamation 6455 of July 2, 1992 (57 F.R. 30069)
added general note 11.
---------------------------------------------------------------------------
(a) The following countries or successor political entities
are designated beneficiary countries for the purposes of the
ATPA, pursuant to section 203 of the Act (19 U.S.C. 3202):
---------------------------------------------------------------------------
\19\ Presidential Proclamation 6456 of July 2, 1992 (57 F.R. 30097)
designated Bolivia as a beneficiary country for the purposes of the
Andean Trade Preference Act.
\20\ Presidential Proclamation 6544 of April 13, 1993 (58 F.R.
19547) designated Ecuador as a beneficiary country for the purposes of
the Andean Trade Preference Act.
\21\ Presidential Proclamation 6585 of August 11, 1993 (58 F.R.
43239) designated Peru as a beneficiary country for the purposes of the
Andean Trade Preference Act.
Bolivia \19\
Colombia
Ecuador \20\
Peru \21\
* * * * * * *
12. North American Free Trade Agreement. * * * \22\
---------------------------------------------------------------------------
\22\ For text, see Presidential Proclamation 6641 of December 15,
1993 (58 F.R. 66867).
---------------------------------------------------------------------------
* * * * * * *
16. Products of Countries Designated as Beneficiary
Countries Under the African Growth and Opportunity Act (AGOA).
(a) The following sub-Saharan African countries, having been
designated as beneficiary sub-Saharan African countries \23\
for pur-
---------------------------------------------------------------------------
\23\ Sec. 111(a) of Public Law 106-200 (112 Stat. 257) amended
Title V of the Trade Act of 1974 to provide in new sec. 506A ``that the
President is authorized to designate countries listed in section 107 of
the AGOA as `beneficiary sub-Saharan African countries.' ''. The AGOA
was implemented by Presidential Proclamation 7350 of October 4, 2000
(65 F.R. 59319). Also designated as ``lesser developed beneficiary sub-
Saharan African countries'' were: Republic of Benin, Republic of Cape
Verde, Republic of Cameroon, Central African Republic, Republic of
Chad, Republic of Congo, Republic of Djibouti, State of Eritrea,
Ethiopia, Republic of Ghana, Republic of Guinea, Republic of Guinea-
Bissau, Republic of Kenya, Kingdom of Lesotho, Republic of Madagascar,
Republic of Malawi, Republic of Mali, Islamic Republic of Mauritania,
Republic of Mozambique, Republic of Niger, Federal Republic of Nigeria,
Republic of Rwanda, Democratic Republic of Sao Tome and Principe,
Republic of Senegal, Republic of Sierra Leone, United Republic of
Tanzania, Republic of Uganda, and Republic of Zambia.
Presidential Proclamation 7657 of March 28, 2003 (68 F.R. 15921)
designated the Democratic Republic of Congo and Republic of The Gambia
as eligible sub-Saharan African countries and as beneficiary sub-
Saharan African countries. Presidential Proclamation 7748 of December
30, 2003 (69 F.R. 225) designated the Republic of Angola as an eligible
sub-Saharan African country and as a beneficiary sub-Saharan African
country. Presidential Proclamation 7853 of December 10, 2004 (69 F.R.
74943) designated Burkina Faso as an eligible sub-Saharan African
country and as a beneficiary sub-Saharan African country. Presidential
Proclamation 7970 of December 22, 2005 (70 F.R. 76645) designated the
Republic of Burundi as an eligible sub-Saharan African country and as a
beneficiary sub-Saharan African country.
Presidential Proclamation 7748 of December 30, 2003 (69 F.R. 225)
terminated the designation of the Central African Republic and Eritrea
as eligible sub-Saharan African countries and as beneficiary sub-
Saharan African countries. Presidential Proclamation 7858 of December
21, 2004 (69 F.R. 77601) terminated the designation of Cote d'Ivoire as
an eligible sub-Saharan African country and as a beneficiary sub-
Saharan African country. Presidential Proclamation 7970 of December 22,
2005 (70 F.R. 76645) terminated the designation of the Islamic Republic
of Mauritania as an eligible sub-Saharan African country and as a
beneficiary sub-Saharan African country.
---------------------------------------------------------------------------
poses of the African Growth and Opportunity Act (AGOA), have
met the requirements of the AGOA and, therefore, are to be
afforded the tariff treatment provided in this note, shall be
treated as beneficiary sub-Saharan African countries for
purposes of this note:
Republic of Angola
Republic of Benin
Republic of Botswana
Burkina Faso
Republic of Burundi
Republic of Cape Verde
Republic of Cameroon
Republic of Chad
Democratic Republic of Congo
Republic of Congo
Republic of Djibouti
Ethiopia
Gabonese Republic
Republic of The Gambia
Republic of Ghana
Republic of Guinea
Republic of Guinea-Bissau
Republic of Kenya
Kingdom of Lesotho
Republic of Madagascar
Republic of Malawi
Republic of Mali
Republic of Mauritius
Republic of Mozambique
Republic of Namibia
Republic of Niger
Federal Republic of Nigeria
Republic of Rwanda
Democratic Republic of Sao Tome
and Principe
Republic of Senegal
Republic of Seychelles
Republic of Sierra Leone
Republic of South Africa
Kingdom of Swaziland
United Republic of Tanzania
Republic of Uganda
Republic of Zambia
* * * * * * *
17. Products of Countries Designated as Beneficiary
Countries under the United States-Caribbean Basin Trade
Partnership Act of 2000.\24\
---------------------------------------------------------------------------
\24\ The United States-Caribbean Trade Partnership Act, (title II
of Public Law 106-200; 114 Stat. 275), provided that certain
preferential tariff treatment may be provided to eligible articles that
are the product of any country that the President designates as a
``CBTPA beneficiary country.'' In Presidential Proclamation 7351 of
October 2, 2000 (65 F.R. 59329), the President designated the countries
above as ``CBTPA beneficiary countries''.
---------------------------------------------------------------------------
(a) The Caribbean countries that will be enumerated in this
note in a Federal Register notice by the United States Trade
Representative, having previously been designated by the
President pursuant to section 211 of the United States-
Caribbean Basin Trade Partnership Act (CBTPA), shall be treated
as beneficiary countries for purposes of this note on and after
the effective date announced in such notice. The following
countries have been determined by the USTR to have satisfied
the customs requirements of the CBTPA and, therefore, to be
afforded the tariff treatment provided for in this note:
Barbados, Belize, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Guyana,
Haiti, Honduras, Jamaica, Nicaragua, Panama,
Saint Lucia, Trinidad and Tobago.
* * * * * * *
18. United States-Jordan Free Trade Area Implementation
Act.
(a) The products of Jordan described in Annex 2.1 of the
Agreement between the United States of America and the
Hashemite Kingdom of Jordan on the Establishment of a Free
Trade Area, entered into on October 24, 2000, are subject to
duty as provided herein. Products of Jordan, as defined in
subdivisions (b) through (d) of this note, that are imported
into the customs territory of the United States and entered
under a provision for which a rate of duty appears in the
``Special'' subcolumn followed by the symbol ``JO'' in
parentheses are eligible for the tariff treatment set forth in
the ``Special'' subcolumn, in accordance with sections 101 and
102 of the United States-Jordan Free Trade Area Implementation
Act (Public Law 107-43, 115 Stat. 243).
* * * * * * *
25. United States-Singapore Free Trade Agreement.
(a) Originating goods under the terms of the United States-
Singapore Free Trade Agreement (SFTA) are subject to duty as
provided herein. For the purposes of this note, goods of
Singapore, as defined in subdivisions (b) through (o) of this
note, that are imported into the customs territory of the
United States and entered under a provision for which a rate of
duty appears in the ``Special'' subcolumn of column 1 followed
by the symbol ``SG'' in parentheses are eligible for the tariff
treatment and quantitative limitations set forth in the
``Special'' subcolumn, in accordance with sections 201 and 202
of the United States-Singapore Free Trade Agreement
Implementation Act (Public Law 108-78; 117 Stat. 948).
* * * * * * *
26. United States-Chile Free Trade Agreement.
(a) Originating goods under the terms of the United States-
Chile Free Trade Agreement (UCFTA) are subject to duty as
provided herein. For the purposes of this note, goods of Chile,
as defined in subdivisions (b) through (n) of this note, that
are imported into the customs territory of the United States
and entered under a provision for which a rate of duty appears
in the ``Special'' subcolumn of column 1 followed by the symbol
``CL'' in parentheses are eligible for the tariff treatment and
quantitative limitations set forth in the ``Special''
subcolumn, in accordance with sections 201 and 202 of the
United States-Chile Free Trade Agreement Implementation Act
(Public Law 108-78; 117 Stat. 948).
* * * * * * *
27. United States-Morocco Free Trade Agreement
Implementation Act.
(a) Originating goods under the terms of the United States-
Morocco Free Trade Agreement (UMFTA) are subject to duty as
provided for herein. For the purposes of this note, goods of
Morocco, as defined in subdivisions (b) through (h) of this
note, that are imported into the customs territory of the
United States and entered under a provision for which a rate of
duty appears in the ``Special'' subcolumn of column 1 followed
by the symbol ``MA'' in parentheses are eligible for the tariff
treatment and quantitative limitations set forth in the
``Special'' subcolumn, in accordance with sections 201 through
203, inclusive, of the United States-Morocco Free Trade
Agreement Implementation Act (Public Law 108-302; 118 Stat.
1103). For the purposes of this note, the term ``UMFTA
country'' refers only to Morocco or to the United States.
* * * * * * *
28. United States-Australia Free Trade Agreement
Implementation Act.
(a) Originating goods under the terms of the United States-
Australia Free Trade Agreement (UAFTA) are subject to duty as
provided for herein. For the purposes of this note, goods of
Australia, as defined in subdivisions (b) through (n) of this
note, that are imported into the customs territory of the
United States and entered under a provision for which a rate of
duty appears in the ``Special'' subcolumn of column 1 followed
by the symbol ``AU'' in parentheses are eligible for the tariff
treatment and quantitative limitations set forth in the
``Special'' subcolumn, in accordance with sections 201 through
203, inclusive, of the United States-Australia Free Trade
Agreement Implementation Act (Public Law 108-286; 118 Stat.
919). For the purposes of this note, the term ``UAFTA country''
refers only to Australia or to the United States.
* * * * * * *
(24) International Trade Functions in Reorganization Plan No. 3 of 1979
\1\
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, September 25, 1979, pursuant
to the provisions of chapter 9 of title 5 of the United States Code
Reorganization of Functions Relating to International Trade
Section 1.\1\ Office of the United States Trade Representative.
(a) The Office of the Special Representative for Trade
Negotiations is redesignated the Office of the United States
Trade Representative.
---------------------------------------------------------------------------
\1\ 5 U.S.C. Appendix. With the exception of secs. 2(b)(1) and
5(b)(1), this Reorganization Plan became effective January 2, 1980.
---------------------------------------------------------------------------
(b)(1) The Special Representative for Trade Negotiations is
redesignated the United States Trade Representative
(hereinafter referred to as the ``Trade Representative''). The
Trade Representative shall have primary responsibility, with
the advice of the interagency organization established under
section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872)
(hereinafter referred to as the ``Committee''), for developing,
and for coordinating the implementation of, United States
international trade policy, including commodity matters and, to
the extent they are related to international trade policy,
direct investment matters. The Trade Representative shall serve
as the principal advisor to the President on international
trade policy and shall advise the President on the impact of
other policies of the United States Government on international
trade.
(2) The Trade Representative shall have lead responsibility
for the conduct of international trade negotiations, including
commodity and direct investment negotiations in which the
United States participates.
(3) To the extent necessary to assure the coordination of
international trade policy, and consistent with any other law,
the Trade Representative, with the advice of the Committee,
shall issue policy guidance to departments and agencies on
basic issues of policy and interpretation arising in the
exercise of the following international trade functions. Such
guidance shall determine the policy of the United States with
respect to international trade issues arising in the exercise
of such functions:
(A) matters concerning the General Agreement on
Tariffs and Trade, including implementation of the
trade agreements set forth in section 2(c) of the Trade
Agreements Act of 1979; United States Government
positions on trade and commodity matters dealt with by
the Organization for Economic Cooperation and
Development, the United Nations Conference on Trade and
Development, and other multilateral organizations; and
the assertion and protection of the rights of the
United States under bilateral and multilateral
international trade and commodity agreements:
(B) expansion of exports from the United States;
(C) policy research on international trade,
commodity, and direct investment matters;
(D) to the extent permitted by law, overall United
States policy with regard to unfair trade practices,
including enforcement of countervailing duties and
antidumping functions under section 303 and title VII
of the Tariff Act of 1930;
(E) bilateral trade and commodity issues, including
East-West trade matters; and
(F) international trade issues involving energy.
(4) All functions of the Trade Representative shall be
conducted under the direction of the President.
(c) The Deputy Special Representatives for Trade Negotiations
are redesignated Deputy United States Trade Representatives.
Sec. 2. Department of Commerce.
(a) The Secretary of Commerce (hereinafter referred to as the
``Secretary'') shall have, in addition to any other functions
assigned by law, general operational responsibility for major
nonagricultural international trade functions of the United
States Government, including export development, commercial
representation abroad, the administration of the antidumping
and countervailing duty laws, export controls, trade adjustment
assistance to firms and communities, research and analysis, and
monitoring compliance with international trade agreements to
which the United States is a party.
(b)(1) \2\ There shall be in the Department of Commerce
(hereinafter referred to as the ``Department'') a Deputy
Secretary appointed by the President, by and with the advice
and consent of the Senate. The Deputy Secretary shall receive
compensation at the rate payable for Level II of the Executive
Schedule, and shall perform such duties and exercise such
powers as the Secretary may from time to time prescribe.
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\2\ Pursuant to Executive Order 12175 (December 7, 1979; 44 F.R.
70703), sec. 2(b)(1) of this plan became effective on that date.
---------------------------------------------------------------------------
(2) The position of Under Secretary of Commerce established
under section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat.
808; 15 U.S.C. 1502) is abolished.
(c) There shall be in the Department an Under Secretary for
International Trade appointed by the President, by and with the
advice and consent of the Senate. The Under Secretary for
International Trade shall receive compensation at the rate
payable for Level III of the Executive Schedule, and shall
perform such duties and exercise such powers as the Secretary
may from time to time prescribe.
(d) There shall be in the Department two additional Assistant
Secretaries appointed by the President, by and with the advice
and consent of the Senate. Each such Assistant Secretary \3\
shall perform such duties and exercise such powers as the
Secretary may from time to time prescribe.
---------------------------------------------------------------------------
\3\ Public Law 97-195 (96 Stat. 115) struck out the words ``shall
receive compensation at the rate payable for Level IV of the Executive
Schedule, and'' previously appearing at this point.
---------------------------------------------------------------------------
(e) \4\ There shall be in the Department of Commerce a
Director General of the United States and Foreign Commercial
Services who shall be appointed by the President, by and with
the advice and consent of the Senate, and shall receive
compensation at the rate prescribed by law for level IV of the
Executive Schedule.
---------------------------------------------------------------------------
\4\ Public Law 97-377 (96 Stat. 1913) added subsec. 2(e).
---------------------------------------------------------------------------
Sec. 3. Export-Import Bank of the United States.
The Trade Representative and the Secretary shall serve, ex
officio and without vote, as additional members of the Board of
Directors of the Export-Import Bank of the United States.
Sec. 4. Overseas Private Investment Corporation.
(a) The Trade Representative shall serve, ex officio, as an
additional voting member of the Board of Directors of the
Overseas Private Investment Corporation. The Trade
Representative shall be the Vice Chairman of such Board.
(b) There shall be an additional member of the Board of
Directors of the Overseas Private Investment Corporation who
shall be appointed by the President of the United States, by
and with the advice and consent of the Senate, and who shall
not be an official or employee of the Government of the United
States. Such Director shall be appointed for a term of no more
than three years.
Sec. 5. Transfer of Functions.
(a)(1) There are transferred to the Secretary all functions
of the Secretary of the Treasury, the General Counsel of the
Department of the Treasury, or the Department of the Treasury
pursuant to the following:
(A) section 305(b) of the Trade Agreements Act of
1979 (19 U.S.C. 2515(b)), to be exercised in
consultation with the Secretary of the Treasury;
(B) section 232 of the Trade Expansion Act of 1962
(19 U.S.C. 1862);
(C) section 303 and title VII (including section
771(1)) of the Tariff Act of 1930 (19 U.S.C. 1303, 1671
et seq.), except that the Customs Service of the
Department of the Treasury shall accept such deposits,
bonds, or other security as deemed appropriate by the
Secretary, shall assess and collect such duties as may
be directed by the Secretary, and shall furnish such of
its important records or copies thereof as may be
requested by the Secretary incident to the functions
transferred by this subparagraph;
(D) sections 514, 515, and 516 of the Tariff Act of
1930 (19 U.S.C. 1514, 1515, and 1516) insofar as they
relate to any protest, petition, or notice of desire to
contest described in section 1002(b)(1) of the Trade
Agreements Act of 1979;
(E) with respect to the functions transferred by
subparagraph (C) of this paragraph, section 318 of the
Tariff Act of 1930 (19 U.S.C. 1318), to be exercised in
consultation with the Secretary of the Treasury;
(F) with respect to the functions transferred by
subparagraph (C) of this paragraph, section 502(b) of
the Tariff Act of 1930 (19 U.S.C. 1502(b)), and,
insofar as it provides authority to issue regulations
and disseminate information, to be exercised in
consultation with the Secretary of the Treasury to the
extent that the Secretary of the Treasury has
responsibility under subparagraph (C), section 502(a)
of such Act (19 U.S.C. 1502(a));
(G) with respect to the functions transferred by
subparagraph (C) of this paragraph, section 617 of the
Tariff Act of 1930 (19 U.S.C. 1617); and
(H) section 2632(e) of title 28 of the United States
Code, insofar as it relates to actions taken by the
Secretary reviewable under section 516A of the Tariff
Act of 1930 (19 U.S.C. 1516(a)).
(2) The secretary shall consult with the Trade Representative
regularly in exercising the functions transferred by
subparagraph (C) of paragraph (1) of this subsection, and shall
consult with the Trade Representative regarding any substantive
regulation proposed to be issued to enforce such functions.
(b)(1) \5\ There are transferred to the Secretary all trade
promotion and commercial functions of the Secretary of State or
the Department of State that are--
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\5\ This section became effective April 1, 1980.
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(A) performed in full-time overseas trade promotion
and commercial positions; or
(B) performed in such countries as the President may
from time to time prescribe.
(2) To carry out the functions transferred by paragraph (1)
of this subsection, the President, to the extent he deems it
necessary, may authorize the Secretary to utilize Foreign
Service personnel authorities and to exercise the functions
vested in the Secretary of State by the Foreign Service Act of
1946 (22 U.S.C. 801 et seq.) and by any other laws with respect
to personnel performing such functions.
(c) There are transferred to the President all functions of
the East-West Foreign Trade Board under section 411(c) of the
Trade Act of 1974 (19 U.S.C. 2441 (c)).
(d) Appropriations available to the Department of State for
Fiscal Year 1980 for representation of the United States
concerning matters arising under the General Agreement on
Tariffs and Trade and trade and commodity matters dealt with
under the auspices of the United Nations Conference on Trade
and Development are transferred to the Trade Representative.
(e) There are transferred to the interagency organization
established under section 242 of the Trade Expansion Act of
1962 (19 U.S.C. 1872) all functions of the East-West Foreign
Trade Board under section 411 (a) and (b) of the Trade Act of
1974 (19 U.S.C. 2441 (a) and (b)).
Sec. 6. Abolition.
The East-West Foreign Trade Board established under section
411 of the Trade Act of 1974 (19 U.S.C 2441) is abolished.
Sec. 7. Responsibility of the Secretary of State.
Nothing in this reorganization plan is intended to derogate
from the responsibility of the Secretary of State for advising
the President on foreign policy matters, including the foreign
policy aspects of international trade and trade-related
matters.
Sec. 8. Incidental Transfers; Interim Officers.
(a) So much of the personnel, property, records, and
unexpended balances, of appropriations, allocations, and other
funds employed, used, held, available, or to be made available
in connection with the functions transferred under this
reorganization plan as the Director of the Office of Management
and Budget shall determine shall be transferred to the
appropriate agency, organization, or component at such time or
times as such Director shall provide, except that no such
unexpended balances transferred shall be used for purposes
other than those for which the appropriation originally was
made. The Director of the Office of Management and Budget shall
provide for terminating the affairs of any agency abolished
herein and for such further measures and dispositions as such
Director deems necessary to effectuate the purposes of the
reorganization plan.
(b) Pending the assumption of office by the initial officers
provided for in section 2 of this reorganization plan, the
functions of each such office may be performed, for up to a
total of 60 days, by such individuals as the President may
designate. Any individual so designated shall be compensated at
the rate provided herein for such position.
Sec. 9. Effective Date.
The provisions of this reorganization plan shall take effect
October 1, 1980, or at such earlier time or times as the
President shall specify, but not sooner than the earliest time
allowable under section 906 of title 5 of the United States
Code.
(25) Administration of the Trade Agreements Program
Executive Order 11846, March 27, 1975, 40 F.R. 14291, 19 U.S.C. 2111
note; as amended by Executive Order 11894, January 6, 1976, 41 F.R.
1041; Executive Order 11947, November 8, 1976, 41 F.R. 49799; Executive
Order 12102, November 17, 1978, 43 F.R. 54197; Executive Order 12163,
September 29, 1979, 44 F.R. 56673; Executive Order 12188, January 2,
1980, 45 F.R. 989; and Executive Order 13277, November 19, 2002, 67
F.R. 70305
By virtue of the authority vested in me by the Trade Act of
1974, hereinafter referred to as the Act (Public Law 93-618, 88
Stat. 1978), the Trade Expansion Act of 1962, as amended (19
U.S.C. 1801), Section 350 of the Tariff Act of 1930, as amended
(19 U.S.C. 1351), and Section 301 of Title 3 of the United
States Code, and as President of the United States it is hereby
ordered as follows:
Section 1. The Trade Agreements Program.
The ``trade agreements program'' includes all activities
consisting of, or related to, the negotiation or administration
of international agreements which primarily concern trade and
which are concluded pursuant to the authority vested in the
President by the Constitution, Section 350 of the Tariff Act of
1930, as amended, the Trade Expansion Act of 1962, as amended,
Divisions B and C of the Trade Act of 2002 \1\, or the Act.
---------------------------------------------------------------------------
\1\ Sec. 4 of Executive Order 13277 (67 F.R. 70305) inserted ``,
Divisions B and C of the Trade Act of 2002''.
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Sec. 2. The Special Representative for Trade Negotiations.
(a) The Special Representative for Trade Negotiations,
hereinafter referred to as the Special Representative, in
addition to the functions conferred upon him by the Act,
including Section 141 thereof, and in addition to the functions
and responsibilities set forth in this Order, shall be
responsible for such other functions as the President may
direct.
(b) \2\ * * * [Revoked--1980]
---------------------------------------------------------------------------
\2\ Sec. 1-105(e) of Executive Order 12188 revoked subsec. (b),
which stipulated that the Special Representative would be the chief
representative of the United States for each negotiation under the
trade agreements program. This responsibility is now vested in the
United States Trade Representative.
---------------------------------------------------------------------------
(c) The Special Representative shall prepare, for the
President's transmission to Congress, the annual report on the
trade agreements program required by Section 163(a) of the Act.
At the request of the Special Representative, other agencies
shall assist in the preparation of that report.
(d) The Special Representative, except where expressly
otherwise provided or prohibited by statute, Executive order,
or instructions of the President, shall be responsible for the
proper administration of the trade agreements program, and may,
as he deems necessary, assign to the head of any Executive
agency or body the performance of his duties which are
incidental to the administration of the trade agreements
program.
(e) The Special Representative shall consult with the Trade
Policy Committee in connection with the performance of his
functions, including those established or delegated by this
Order, and shall, as appropriate, consult with other Federal
agencies or bodies. with respect to the performance of his
functions under Title IV of the Act, including those
established or delegated by this Order, the Special
Representative shall also consult with the East-West Foreign
Trade Board.
(f) The Special Representative shall be responsible for the
preparation and submission of any Proclamation which relates
wholly or primarily to the trade agreements program. Any such
Proclamation shall be subject to all the provisions of
Executive Order No. 11030, as amended, except that such
Proclamation need not be submitted to the Director of the
Office of Management and Budget.
(g) The Secretary of State shall advise the Special
Representative, and the Committee, on the foreign policy
implications of any action under the trade agreements program.
The Special Representative shall invite appropriate departments
to participate in trade negotiations of particular interest to
such departments, and the Department of State shall participate
in trade negotiations which have a direct and significant
impact on foreign policy.
Sec. 3. The Trade Policy Committee.
(a) \3\ * * * [Revoked--1980]
---------------------------------------------------------------------------
\3\ Sec. 1-105(e) of Executive Order 12188 revoked subsec. (a),
which established the Trade Policy Committee and listed the members of
the Committee. See sec. 1-102 of Executive Order 12188 for the current
listing of Committee members and other pertinent information concerning
the Committee.
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(b) The Committee shall have the functions conferred by the
Trade Expansion Act of 1962, as amended, upon the inter-agency
organization referred to in Section 242 thereof, as amended,
the functions delegated to it by the provisions of this Order,
and such other functions as the President may from time to time
direct. Recommendations and advice of the Committee shall be
submitted to the President by the Chairman.
(c) \4\ The Special Representative or any other officer who
is chief representative of the United States in a negotiation
in connection with the trade agreements program shall keep the
Committee informed with respect to the status and conduct of
negotiations and shall consult with the Committee regarding the
basic policy issues arising in the course of negotiations.
---------------------------------------------------------------------------
\4\ Sec. 1-105(e) of Executive Order 12188 revoked the first
sentence of subsec. (c), which stated that the Committee's
recommendations under sec. 242(b)(1) of the Trade Expansion Act of 1962
would guide the administration of the trade agreements program.
---------------------------------------------------------------------------
(d) Before making recommendations to the President under
Section 242(b)(2) of the Trade Expansion Act of 1962, as
amended, the Committee shall, through the Special
Representative, request the advice of the Adjustment Assistance
Coordinating Committee, established by Section 281 of the Act.
(e) \5\ * * * [Revoked--1980]
---------------------------------------------------------------------------
\5\ Sec. 1-105(e) of Executive Order 12188 revoked subsecs. (e)
(directing the Committee to advise the President as to what action he
should take regarding unfair practices in import trade) and (f)
(abolishing the Trade Expansion Act Advisory Committee).
---------------------------------------------------------------------------
(f) \5\ * * * [Revoked--1980]
Sec. 4. Trade Negotiations Under Title I of the Act.
(a) The functions of the President under Section 102 of the
Act concerning notice to, and consultation with, Congress, in
connection with agreements on nontariff barriers to, and other
distortions of, trade, are hereby delegated to the Special
Representative.
(b) The Special Representative, after consultation with the
Committee, shall prepare, for the President's transmission to
Congress, all proposed legislation and other documents
necessary or appropriate for the implementation of, or
otherwise required in connection with, trade agreements;
provided, however, that where implementation of an agreement on
nontariff barriers to, and other distortions of, trade requires
a change in a domestic law, the department or agency having the
primary interest in the administration of such domestic law
shall prepare and transmit to the Special Representative the
proposed legislation necessary or appropriate for such
implementation.
(c) The functions of the President under Section 131(c) of
the Act with respect to advice of the International Trade
Commission and under Section 132 of the Act with respect to
advice of the departments of the Federal Government and other
sources, are delegated to the Special Representative. The
functions of the President under Section 133 of the Act with
respect to public hearings in connection with certain trade
negotiations are delegated to the Special Representative, who
shall designate an interagency committee to hold and conduct
any such hearings.
(d) The functions of the President under Section 135 of the
Act with respect to advisory committees and, notwithstanding
the provisions of any other Executive order, the functions of
the President under the Federal Advisory Committee Act (86
Stat. 770, 5 U.S.C. App. I), except that of reporting annually
to Congress, which are applicable to advisory committees under
the Act are delegated to the Special Representative. In
establishing and organizing general policy advisory committees
or sector advisory committees under Section 135(c) of the Act,
the Special Representative shall act through the Secretaries of
Commerce, Labor and Agriculture, as appropriate.
(e) The functions of the President with respect to
determining ad valorem amounts and equivalents pursuant to
Sections 601 (3) and (4) of the Act are hereby delegated to the
Special Representative. The International Trade Commission is
requested to advise the Special Representative with respect to
determining such ad valorem amounts and equivalents. The
Special Representative shall seek the advice of the Commission
and consult with the Committee with respect to the
determination of such ad valorem amounts and equivalents.
(f) Advice of the International Trade Commission under
Section 131 of the Act, and other advice or reports by the
International Trade Commission to the President or the Special
Representative, the release or disclosure of which is not
specifically authorized or required by law, shall not be
released or disclosed in any manner or to any extent not
specifically authorized by the President or by the Special
Representative.
Sec. 5. Import Relief and Market Disruption.
(a) The Special Representative is authorized to request
from the International Trade Commission the information
specified in Sections 202(d) and 203(i) (1) and (2) of the Act.
(b) The Secretary of the Treasury, in consultation with the
Secretary of Commerce or the Secretary of Agriculture, as
appropriate, is authorized to issue, under Section 203(g) of
the Act, regulations governing the administration of any
quantitative restrictions proclaimed in order to provide import
relief and is authorized to issue, under Section 203(g) of the
Act or 352(b) of the Trade Expansion Act of 1962, regulations
governing the entry, or withdrawal from warehouses for
consumption, of articles pursuant to any orderly marketing
agreement.
(c) The Secretary of Commerce shall exercise primary
responsibility for monitoring imports under any orderly
marketing agreement.
Sec. 6.\6\ Unfair Trade Practices. * * * [Revoked--1980]
---------------------------------------------------------------------------
\6\ Sec. 1-105(e) of Executive Order 12188 revoked sec. 6, relating
to unfair trade practices.
---------------------------------------------------------------------------
Sec. 7.\7\ East-West Foreign Trade Board.
---------------------------------------------------------------------------
\7\ Sec. 6 of Reorganization Plan No. 3 of 1979 (International
Trade) abolished the East-West Foreign Trade Board.
---------------------------------------------------------------------------
(a) In accordance with Section 411 of the Act, there is
hereby established the East-West Foreign Trade Board,
hereinafter referred to as the Board. The Board shall be
composed of the following members and such additional members
of the Executive branch as the President may designate:
(1) The Secretary of State.
(2) The Secretary of the Treasury.
(3) The Secretary of Defense.\8\
---------------------------------------------------------------------------
\8\ Executive Order 11894 (January 6, 1976; 41 F.R. 1041) added the
Secretary of Defense and renumbered those listed below.
---------------------------------------------------------------------------
(4) The Secretary of Agriculture.
(5) The Secretary of Commerce.
(6) The Special Representative for Trade
Negotiations.
(7) The Director of the Office of Management and
Budget.
(8) The Chairman of the Council of Economic
Advisors.\9\
---------------------------------------------------------------------------
\9\ Executive Order 12102 (43 F.R. 54197) struck out ``(8) The
Executive Director of the Council on International Economic Policy''
and ``(9) The Assistant to the President for Economic Affairs'' as
members of the East-West Foreign Trade Board, inserted in lieu thereof
``(8) The Chairman of the Council of Economic Advisors'', and
redesignated para. (10) as para. (9).
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(9) The President of the Export-Import Bank of the
United States.
The President shall designate the Chairman and the Deputy
Chairman of the Board. The President may designate an Executive
Secretary, who shall be Chairman of a working group which will
include membership from the agencies represented on the Board.
(b) The Board shall perform such functions as are required
by Section 411 of the Act and such other functions as the
President may direct.
(c) The Board is authorized to promulgate such rules and
regulations as are necessary or appropriate to carry out its
responsibilities under the Act and this Order.
(d) The Secretary of State shall advise the President with
respect to determinations required to be made in connection
with Sections 402 and 409 of the Act (dealing with freedom of
emigration) and Section 403 (dealing with United States
personnel missing in action in Southeast Asia), and shall
prepare, for the President's transmission to Congress, the
reports and other documents required by Sections 402 and 409 of
the Act.
(e) The President's Committee on East-West Trade Policy,
established by Executive Order No. 11789 of June 25, 1974, as
amended by Section 6(d) of Executive Order No. 11808 of
September 30, 1974, is abolished and all of its records are
transferred to the Board.
Sec. 8. Generalized System of Preferences.
(a) The Special Representative, in consultation with the
Secretary of State, shall be responsible for the administration
of the generalized system of preferences under Title V of the
Act.
(b) The Committee, through the Special Representative,
shall advise the President as to which countries should be
designated as beneficiary developing countries, and as to which
articles should be designated as eligible articles for the
purposes of the system of generalized preferences.
Sec. 9. Prior Executive Orders.
(a) Executive Order No. 11789 of June 25, 1974, and Section
6(d) of Executive Order No. 11808 of September 30, 1974,
relating to the President's Committee on East-West Trade Policy
are hereby revoked.
(b)(1) Sections 5(b), 7, and 8 of Executive Order No. 11075
of January 15, 1963, are hereby revoked effective April 3,
1975; (2) the remainder of Executive Order No. 11075, and
Executive Order No. 11106 of April 18, 1963 and Executive Order
No. 11113 of June 13, 1963, are hereby revoked.
(26) International Trade Functions
Executive Order 12188, January 2, 1980, 45 F.R. 989, 19 U.S.C. 2171
note; as amended by Executive Order 12292, February 23, 1981, 46 F.R.
13967; as amended by Executive Order 13118, March 31, 1999, 64 F.R.
16595; and Executive Order 13286, February 28, 2003, 68 F.R. 10619
By the authority vested in me by the Trade Agreements Act
of 1979, the Trade Act of 1974, the Trade Expansion Act of
1962, section 350 of the Tariff Act of 1930, Reorganization
Plan No. 3 of 1979, and section 301 of title 3 of the United
States Code, and as President of the United States, it is
hereby ordered as follows:
Sec. 1-101. The United States Trade Representative.
(a) Except as may be otherwise expressly provided by law,
the United States Trade Representative (hereinafter referred to
as the ``Trade Representative'') shall be chief representative
of the United States for:
(1) all activities of, or under the auspices of the
General Agreement on Tariffs and Trade;
(2) discussions, meetings, and negotiations in the
Organization for Economic Cooperation and Development
when trade or commodity issues are the primary issues
under consideration;
(3) negotiations in the United Nations Conference on
Trade and Development and other multilateral
institutions when trade or commodity issues are the
primary issues under consideration;
(4) other bilateral or multilateral negotiations when
trade, including East-West trade, or commodities is the
primary issue under consideration;
(5) negotiations under sections 704 and 734 of the
Tariff Act of 1930 (19 U.S.C. 1671c and 1673c); and
(6) negotiations concerning direct investment
incentives and disincentives and bilateral investment
issues concerning barriers to investment.
For purposes of this subsection, the term ``negotiations''
includes discussions and meetings with foreign governments and
instrumentalities primarily concerning preparations for formal
negotiations and policies regarding implementation of
agreements resulting from such negotiations.
(b) The Trade Representative, in consultation with the
Trade Negotiating Committee, shall invite such members of the
Trade Negotiating Committee and representatives of other
departments or agencies as may be appropriate to participate in
the negotiations and other activities listed in subsection (a).
(c) The Trade Representative, in consultation with the
Trade Negotiating Committee, may delegate to any member of the
Trade Negotiating Committee, or to any other appropriate
department or agency, primary responsibility for representing
the United States in any of the negotiations and other
activities set forth in subsection (a).
(d) The Trade Representative, or any department or agency
to which responsibility for representing the United States in a
negotiation or other activity has been delegated pursuant to
subsection (c), shall consult with the Trade Policy Committee
and with any affected regulatory agencies on the policy issues
arising in connection with the negotiations and other
activities listed in subsection (a).
Sec. 1-102. The Trade Policy Committee.\1\
---------------------------------------------------------------------------
\1\ For other material concerning the Trade Policy Committee, see
the remaining text of sec. 3 of Executive Order 11846.
---------------------------------------------------------------------------
(a) As provided by section 242 of the Trade Expansion Act
of 1962 (19 U.S.C. 1872), the Trade Policy Committee
(hereinafter referred to as the ``Committee'') is continued.
The Committee shall have the functions specified by law or by
the President, including those specified in section 1(b)(3) of
Reorganization Plan No. of 1979.
(b) The Committee shall be composed of the following:
(1) The Trade Representative, who shall be Chairman
(2) The Secretary of Commerce, who shall be Vice
Chairman
(3) The Secretary of State
(4) The Secretary of the Treasury
(5) The Secretary of Defense
(6) The Attorney General
(7) The Secretary of the Interior
(8) The Secretary of Agriculture
(9) The Secretary of Labor
(10) The Secretary of Transportation
(11) The Secretary of Energy
(12) \2\ The Secretary of Homeland Security
(13) \2\ The Director of the Office of Management and
Budget
(14) \2\ The Chairman of the Council of Economic
Advisers
(15) \2\ The Assistant to the President for National
Security Affairs
(16) \2\ Administrator of the United States Agency
for International Development \3\
---------------------------------------------------------------------------
\2\ Sec. 50 of Executive Order 13286 (February 28, 2003; 68 F.R.
10619) inserted ``(12) The Secretary of Homeland Security'' and
renumbered paras. (12)-(15) as (13)-(16).
\3\ Executive Order 13118 (March 31, 1999; 64 F.R. 13118) struck
out ``The Director of the United States International Development
Cooperation Agency'' and inserted in lieu thereof ``Administrator of
the United States Agency for International Development''.
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The Chairman and any member of the Committee may designate
a subordinate officer whose status is not below that of an
Assistant Secretary to serve in his stead when he is unable to
attend any meetings of the Committee. The Chairman may invite
representatives from other agencies to attend the meetings of
the Committee.
(c)(1) There is established, as a subcommittee of the
Committee, a Trade Negotiating Committee which shall advise the
Trade Representative on the management of negotiations referred
to in section 1-101(a) of this order. The members of such
subcommittee shall be the Trade Representative (Chair), the
Secretary of State, the Secretary of the Treasury, the
Secretary of Agriculture, the Secretary of Commerce, and the
Secretary of Labor.
(2) The Trade Representative, with the advice of the
Committee, may create additional subcommittees thereof.
(d) In advising the President on international trade and
related matters, the Trade Representative shall take into
account and reflect the views of the members of the Committee
and of other interested agencies.
Sec. 1-103. Delegation of Functions.
(a) The function vested in the President by section 412(b)
of the Trade Agreements Act of 1979 (19 U.S.C. 2542(b)) is
delegated to the Secretary of Commerce with regard to the
technical office established under section 412(a)(1) of such
Act and to the Secretary of Agriculture with regard to the
technical office established under section 412(a)(2) of such
Act. In prescribing the functions of each technical office, the
Secretary concerned shall consult with the Trade Representative
and with all affected regulatory agencies. The functions
delegated by this section shall be exercised in coordination
with the Trade Representative.
(b) The functions of the President under sections 2(b) and
303 of the Trade Agreements Act of 1979 (19 U.S.C. 2503(b) and
2513) and section 701(b) of the Tariff Act of 1930 (19 U.S.C.
1871(b)) are delegated to the Trade Representative, who shall
exercise such authority with the advice of the Trade Policy
Committee.
Sec. 1-104. Authority Under the Foreign Service Act and Related Laws.
(a) The Secretary of Commerce (hereinafter referred to as
the ``Secretary'') is authorized to establish a Foreign
Commercial Service in the Department of Commerce, and a
category of career officers of the Foreign Commercial Service
to be known as Foreign Commercial Officers. For purposes of the
utilization by the Secretary of the authorities granted to the
Secretary under this section, the terms ``Foreign Service'' and
``Foreign Service Officer'' shall be construed to mean
``Foreign Commercial Service'' and ``Foreign Commercial
Officer,'' respectively.
(b) \4\ * * * [Revoked--1981]
---------------------------------------------------------------------------
\4\ Sec. 9(m) of Executive Order 12292 revoked sec. 1-104(b), which
had delegated functions under the Foreign Service Act of 1946 (repealed
in 1980).
---------------------------------------------------------------------------
(c) The Board of the Foreign Service and the Board of
Examiners for the Foreign Service established by Executive
Order 11264 of December 31, 1965, as amended shall exercise
with respect to Foreign Service personnel of the Department of
Commerce the functions delegated to them by that order with
respect to Foreign Service personnel of the Department of
State. The Boards shall perform such additional functions with
respect to Foreign Service personnel of the Department of
Commerce as the Secretary may from time to time delegate or
otherwise assign, consistent with the functions of such boards.
Sec. 1-105. Prior Executive Orders and Determination.
(a) Section 1(b) of Executive Order 11269 of February 14,
1966, as amended by adding ``the United States Trade
Representative,'' after ``the Secretary of State,''.
(b)(1) Section 1 of Executive Order 11539 of June 30, 1970,
is amended to read as follows:
``Section 1. The United States Trade Representative, with
the concurrence of the Secretary of Agriculture and the
Secretary of State, is authorized to negotiate bilateral
agreements with representatives of governments of foreign
countries limiting the export from the respective countries and
the importation into the United States of--
``(1) fresh, chilled, or frozen cattle meat,
``(2) fresh, chilled, or frozen meat of goats and
sheep (except lambs), and
``(3) prepared and preserved beef and veal (except
sausage) if articles are prepared, whether fresh,
chilled, or frozen, but not otherwise preserved, that
are the products of such countries.''.
(2) Section 4 of such order is amended by striking out
``the Secretary of State'' and inserting in lieu thereof ``the
United States Trade Representative''.
(c) The last sentence of section 1(a) of Executive Order
11651 of March 3, 1972, as amended, is amended to read as
follows: ``The United States Trade Representative, or his
designee, also shall be a member of the Committee.''.
(d) The first sentence of section 3 of Executive Order
11703 of February 7, 1973, is amended to read as follows: ``The
Oil Policy Committee shall henceforth consist of the United
States Trade Representative, chair, and the Secretaries of
State, Treasury, Defense, the Interior, Commerce and Energy,
the Attorney General, and the Chairman of the Council of
Economic Advisers as members.''.
(e) Sections 2(b) and 3(a), the first sentence of section
3(c), and sections 3(e), 3(f), and 6 of Executive Order 11846
of March 27, 1975, as amended, are revoked.
(f)(1) Section 1(a)(5) of Executive Order 11858 of May 7,
1975, is amended to read: ``(5) The United States Trade
Representative''.
(2) Section 1(a)(6) of such order is amended to read: ``(6)
The Chairman of the Council of Economic Advisers''.
(g) Executive Order 12096 of November 2, 1978, is revoked.
(h) The last paragraph of the Presidential Determination
Regarding the Acceptance and Application of Certain
International Trade Agreements (dated December 14, 1979) (44 FR
74781, at 74784; December 18, 1979), delegating functions under
section 2(b) of the Trade Agreements Act of 1979 and section
701(b) of the Tariff Act of 1930, is revoked.
(i) Any reference to the Office of the Special
Representative for Trade Negotiations or to the Special
Representative for Trade Negotiations in any Executive order,
proclamation, or other document shall be deemed to refer to the
Office of the United States Trade Representative or to the
United States Trade Representative, respectively.
Sec. 1-106. Incidental Transfers and Reassignments.
So much of the personnel, property, records and unexpended
balances of appropriations, allocations, and other funds
employed, used, held, available, or to be made available in
connection with functions transferred or reassigned by the
provisions of this order as the Director of the Office of
Management and Budget shall determine shall be transferred or
reassigned for use in connection with such functions.
Sec. 1-107. Effective Dates.
(a) Sections 1, 2(a), 2(b)(2), 2(c), 3, 4, 5(a), 5(b)(2), 5
(c) through (e), and 6 through 8 of Reorganization Plan No. 3
of 1979, and the provisions of this order, shall take effect as
of January 2, 1980.
(b) Section 5(b)(1) of such plan shall take effect as of
April 1, 1980.
(27) Implementing the Omnibus Trade and Competitiveness Act of 1988 and
Related International Trade Matters
Executive Order 12661, December 27, 1988, 54 F.R. 779, 19 U.S.C. 2901
note; as amended by Executive Order 12697, December 22, 1989, 54 F.R.
53037; Executive Order 12716, May 24, 1990, 55 F.R. 21831; and
Executive Order 12774, September 27, 1991, 56 F.R. 49835
By virtue of the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Omnibus Trade and Competitiveness Act of 1988
(P.L. 100-418, 102 Stat. 1107) (``Omnibus Trade Act''), the
Tariff Act of 1930 (Chapter 497, 46 Stat. 590, June 17, 1930),
as amended (``Tariff Act''), the National Defense Authorization
Act, Fiscal Year 1989 (P.L. 100-456, 102 Stat. 1918) (``Defense
Authorization Act''), section 301 of Title 3 of the United
States Code, and, in general, to ensure that the international
trade policy of the United States shall be conducted and
administered in a way that achieves the economic, foreign
policy, and national security objectives of the United States
and in a coordinated manner under the direction of the
President, it is hereby ordered as follows:
PART I--TRADE, CUSTOMS, AND TARIFF LAWS
Section 1-101. Accession of State Trading Regimes to the
General Agreement on Tariffs and Trade. The functions
vested in the President by sections 1106(a), (b) and
(d) of the Omnibus Trade Act, regarding the accession
of state trading regimes to the General Agreement on
Tariffs and Trade, are delegated to the United States
Trade Representative.
Sec. 1-201. Wine Barriers. The functions vested in the
President by section 1125 of the Omnibus Trade Act,
regarding the updated report on barriers to wine trade,
are delegated to the United States Trade
Representative.
Sec. 1-301. Steel Imports. The functions vested in the
President by section 805(d)(1) and (2) of the Trade and
Tariff Act of 1984 (19 U.S.C. 2253, note), as amended
by section 1322 of the Omnibus Trade Act, are delegated
to the United States Trade Representative.
Sec. 1-401. Telecommunications Trade. The functions vested in
the President by sections 1375 and 1376(e) of the
Omnibus Trade Act, regarding certain telecommunications
negotiations as may be ordered by the President and
reports thereon to Congressional Committees, are
delegated to the United States Trade Representative.
Sec. 1-501. Uniform Fee on Imports. The functions vested in the
President by section 1428 of the Omnibus Trade Act,
regarding negotiations to obtain authority under the
General Agreement on Tariffs and Trade to impose a
small uniform fee on imports, are delegated to the
United States Trade Representative.
PART II--EXPORT ENHANCEMENT
Sec. 2-101. Countertrade and Barter.
(1) Establishment. There is established an Interagency
Group on Countertrade, which shall be composed of the
Secretaries of Commerce, State, Defense, Treasury, Labor,
Agriculture, and Energy, the Attorney General, the
Administrator of the Agency for International Development, the
Director of the Federal Emergency Management Agency, the United
States Trade Representative and the Director of the Office of
Management and Budget, or their respective representatives. The
Secretary of Commerce or his representative shall be the
Chairman of the interagency group.
(2) Functions. The interagency group shall carry out the
functions and duties set out in section 2205(a) of the Omnibus
Trade Act.
Sec. 2-201. Sanctions Against Toshiba and Kongsberg.\1\
(1) Procurement Sanctions. Pursuant to section 2443 of the
Omnibus Trade Act and subject to the exceptions referred to in
paragraph (3), departments, agencies and instrumentalities of
the United States Government shall not for the three-year
period beginning on the date this Order takes effect, contract
with or procure products and services from Toshiba Machine
Company, Kongsberg Trading Company, Toshiba Corporation or
Kongsberg Vaapenfabrikk. The head of each department, agency or
instrumentality is hereby directed and authorized to implement
this procurement sanction in accordance with paragraph (3).
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\1\ Sanctions expired on December 28, 1991 (Department of Defense;
FAC 90-10; FAR Case 91-66; Item II; 56 F.R. 67415).
---------------------------------------------------------------------------
(2) Import Sanctions. Pursuant to section 2443 of the
Omnibus Trade Act and subject to the exceptions referred to in
paragraph (3), importation into the United States, its
territories and possessions, of products produced by Toshiba
Machine Company or Kongsberg Trading Company is prohibited for
three years from the effective date of this Order. The
Secretary of the Treasury is hereby directed and authorized to
implement this import sanction in accordance with paragraph
(3).
(3) Exceptions. Authority to make determinations as to
exceptions to sanctions and to implement exceptions by
regulation or otherwise is delegated (i) to the Secretary of
Defense with respect to determinations under section 2443(c)(1)
regarding the procurement of defense articles or defense
services, (ii) to the Secretary of the Treasury with respect to
exceptions under section 2443(c)(2) regarding importation
prohibited by section 2443(a)(2), and (iii) to the head of each
Federal department, agency or instrumentality with respect to
exceptions under section 2443(c)(2) affecting their respective
contracting and procurement. All regulations implementing these
exceptions provisions shall be consistent with any guidelines
provided by the Office of Federal Procurement Policy, Office of
Management and Budget.
(4) Annual Report. The annual report required by section
2445, concerning estimated increases in defense expenditures
arising from illegal technology transfers, shall be prepared by
the Secretary of Defense, in consultation with the Secretaries
of State and Commerce, for submission to the Congress by the
President.
PART III--FOREIGN CORRUPT PRACTICES AMENDMENTS; INVESTMENT; AND
TECHNOLOGY
Sec. 3-101. Foreign Corrupt Practices Act Amendments.
The functions conferred upon the President by section
5003(d)(1) (``International Agreement'') of the Omnibus Trade
Act are delegated to the secretary of State, who in performing
such functions shall act in consultation with the Attorney
General, the United States Trade Representative, the Chairman
of the Securities and Exchange Commission, the Secretary of
Commerce, the Secretary of the Treasury and the Director of the
Office of Management and Budget.
Sec. 3-201.\2\ Authority to Review Certain Mergers,
Acquisitions, and Takeovers. * * *
---------------------------------------------------------------------------
\2\ Sec. 3-201 added new secs. 7 and 8 and made other amendments to
Executive Order 11858.
Sec. 3-301. Reporting Requirement on Semiconductors, Fiber
---------------------------------------------------------------------------
Optics and Superconducting Materials. * * *
Sec. 3-401. A National Commission on Superconductivity. * * *
[Revoked by Executive Order 12774, September 27, 1991]
* * * * * * *
PART V--MISCELLANEOUS
Sec. 5-101. Executive Oversight. Any actions or determinations
taken or made by an officer or agency under the Omnibus
Trade Act or this Order shall be subject to the
Executive oversight and direction of the President, and
such actions or determinations shall be undertaken
after appropriate inter-agency consultation as
established by the President.
Sec. 5-102. Regulatory Review. Notwithstanding the provisions
of section 1(a)(2) of Executive Order 12291 of February
17, 1981, the Director of the Office of Management and
Budget shall, with regard to regulations, rules, or
agency statements of general applicability and future
effect designed to implement, interpret, or prescribe
law of policy or describing the procedure or practice
requirements of an agency relative to the
administration of the Export Administration Act,
determine whether such regulations, rules, or agency
statements are exempted from review under that Order,
pursuant to the provisions of section 8(b) thereof.
Sec. 5-201. Offsets. The negotiating functions under section
825(c) of the Defense Authorization Act, as may be
ordered by the President, are hereby jointly delegated
to the Secretary of Defense and the United States Trade
Representative. These functions shall be coordinated
with the Secretary of State and conducted in
consultation with the Secretaries of Commerce, Labor,
and the Treasury.
Sec. 5-202. Reporting Functions. The reporting functions of the
President under section 825(d) of the Defense
Authorization Act are delegated to the Director of the
Office of Management and Budget. The Director may
further delegate to the heads of Executive departments
and agencies responsibility for preparing particular
sections of such reports. The heads of Executive
departments and agencies shall, to the extent permitted
by law, provide the Director with such information as
may be necessary for the effective performance of these
functions.
Sec. 5-301. International Trade Commission Report. The
functions vested in the President by section 332(g) of
the Tariff Act, regarding reports by the United States
International Trade Commission to the President, are
delegated to the United States Trade Representative.
Sec. 5-401. Strengthening International Institutions. To the
extent possible, actions undertaken under this Order
shall be conducted in a manner that strengthens
international institutions that further United States
objectives, such as opening foreign markets and
preventing the export of strategic goods and
technologies to proscribed destinations.
Sec. 5-501. Effective Date. This Order shall take effect at
12:01 a.m. on Wednesday, December 28, 1988.
(28) Identification of Trade Expansion Priorities
Executive Order 12901, March 3, 1994, 59 F.R. 10727, 19 U.S.C. 2420
note; as amended by Executive Order 12973, September 27, 1995, 60 F.R.
51665
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 141 and 301-310 of the Trade Act of 1974, as
amended (the ``Act'') (19 U.S.C. 2171, 2411-2420), and section
301 of title 3, United States Code, and to ensure that the
trade policies of the United States advance, to the greatest
extent possible, the export of the products and services of the
United States and that trade policy resources are used
efficiently, it is hereby ordered as follows:
Section 1. Identification. (a) Within 6 months of the
submission of the National Trade Estimate Report (required by
section 181(b) of the Act (19 U.S.C. 2241)) for 1996 and
1997,\1\ the United States Trade Representative (``Trade
Representative'') shall review United States trade expansion
priorities and identify priority foreign country practices, the
elimination of which is likely to have the most significant
potential to increase United States exports, either directly or
through the establishment of a beneficial precedent. The Trade
Representative shall submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives, and shall publish in the Federal Register, a
report on the priority foreign country practices identified.
---------------------------------------------------------------------------
\1\ Executive Order 12973 (September 27, 1995; 60 F.R. 51665)
struck out ``1994 and 1995'' and inserted in lieu thereof ``1996 and
1997''.
---------------------------------------------------------------------------
(b) In identifying priority foreign country practices under
paragraph (a) of this section, the Trade Representative shall
take into account all relevant factors, including:
(1) the major barriers and trade distorting practices
described in the National Trade Estimate Report;
(2) the trade agreements to which a foreign country
is a party and its compliance with those agreements;
(3) the medium-term and long-term implications of
foreign government procurement plans; and
(4) the international competitive position and export
potential of United States products and services.
(c) The Trade Representative may include in the report, if
appropriate, a description of the foreign country practices
that may in the future warrant identification as priority
foreign country practices. The Trade Representative also may
include a statement about other foreign country practices that
were not identified because they are already being addressed by
provisions of United States trade law, existing bilateral trade
agreements, or in trade negotiations with other countries and
progress is being made toward their elimination.
Sec. 2. Initiation of Investigation. Within 21 days of the
submission of the report required by paragraph (a) of section
1, the Trade Representative shall initiate under section
302(b)(1) of the Act (19 U.S.C. 2412(b)(1)) investigations
under title III, chapter 1, of the Act with respect to all of
the priority foreign country practices identified.
Sec. 3. Agreements for the Elimination of Barriers. In the
consultations with a foreign country that the Trade
Representative is required to request under section 303(a) of
the Act (19 U.S.C. 2413(a)) with respect to an investigation
initiated by reason of section 2 of this order, the Trade
Representative shall seek to negotiate an agreement that
provides for the elimination of the practices that are the
subject of the investigation as quickly as possible or, if that
is not feasible, provides for compensatory trade benefits. The
Trade Representative shall monitor any agreement entered into
under this section pursuant to the provisions of section 306 of
the Act (19 U.S.C. 2416).
Sec. 4. Reports. The Trade Representative shall include in
the semiannual report required by section 309 of the Act (19
U.S.C. 2419) a report on the status of any investigation
initiated pursuant to section 2 of this order and, where
appropriate, the extent to which such investigations have led
to increased opportunities for the export of products and
services of the United States.
Sec. 5. Presidential Direction. The authorities delegated
pursuant to this order shall be exercised subject to any
subsequent direction by the President in a particular matter.
(29) Trade and Environment Policy Advisory Committee
Executive Order 12905, March 25, 1994, 59 F.R. 14733, 19 U.S.C. 2155
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Federal Advisory Committee Act, as amended (5
U.S.C. App.), and section 135(c)(1) of the Trade Act of 1974,
as amended (19 U.S.C. 2155(c)(1)) (``Act''), it is hereby
ordered as follows:
Section 1. Establishment. There is established in the
Office of the United States Trade Representative (``Trade
Representative'') the ``Trade and Environment Policy Advisory
Committee'' (``Committee'').
Sec. 2. Membership. (a) The Committee shall consist of not
more than 35 members, including, but not limited to,
representatives from environmental interest groups, industry
(including the environmental technology and environmental
services industries), agriculture, services, non-Federal
government, and consumer interests. The Committee should be
broadly representative of the key sectors and groups of the
economy with an interest in trade and environmental policy
issues.
(b) The Chairman of the Committee shall be elected by the
Committee from among its members. Members of the Committee
shall be appointed by the Trade Representative, in consultation
with the Cabinet secretaries described in section 2155(c)(1) of
title 19, United States Code, for a term of 2 years and may be
reappointed for any number of terms. Appointments to the
Committee shall be made without regard to political
affiliation. Any member may be removed at the discretion of the
Trade Representative.
Sec. 3. Functions. (a) The Committee shall provide the
Trade Representative with policy advice on issues involving
trade and the environment.
(b) The Committee shall submit a report to the President,
to the Congress, and to the Trade Representative at the
conclusion of negotiations for each trade agreement referred to
in section 102 of the Act. The report shall include an advisory
opinion on whether and to what extent the agreement promotes
the interests of the United States.
(c) The Committee may establish such subcommittees of its
members as it deems necessary, subject to the provisions of the
Federal Advisory Committee Act and the approval of the Trade
Representative, or his designee.
(d) The Committee shall report its activities to the Trade
Representative, or his designee.
Sec. 4. Administration. (a) The Trade Representative, or
his designee, with the advice of the Chairman, shall be
responsible for prior approval of the agendas for all Committee
meetings.
(b) The Trade Representative, or his designee, shall be
responsible for determinations, filings, and other
administrative requirements of the Federal Advisory Committee
Act.
(c)(1) The Trade Representative shall provide funding and
administrative and staff support for the Committee.
(2) The Committee shall have an Executive Director who
shall be a Federal officer or employee designated by the Trade
Representative.
(d) Members of the Committee shall serve without either
compensation or reimbursement of expenses.
(e) The Committee shall meet as needed at the call of the
Trade Representative or his designee, depending on various
factors such as the level of activity of trade negotiations and
the needs of the Trade Representative, or at the call of two-
thirds of the members of the Committee.
Sec. 5. General. The Committee shall function for such
period as may be necessary. In accordance with the Federal
Advisory Committee Act, the Committee shall terminate after 2
years from the date of this order unless otherwise extended.\1\
---------------------------------------------------------------------------
\1\ Sec. 1(o) of Executive Order 12974 (September 29, 1995; 60 F.R.
51875) extended this Committee until September 30, 1997. The Committee
was further extended until September 30, 1999, by sec. 1(o) of
Executive Order 13062 (Sept. 29, 1997; 62 F.R. 51755); until September
30, 2003 by Executive Order 13225 (September 28, 2001; 66 F.R. 50291;
until September 30, 2005 by Executive Order 13316 (September 17, 2003;
68 F.R. 55255); and until September 30, 2007 by Executive Order 13385
(September 29, 2005; 70 F.R. 57989).
(30) Identification of Trade Expansion Priorities and Discriminatory
Procurement Practices
Executive Order 13116, March 31, 1999, 64 F.R. 16333, 19 U.S.C. 2420
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including title III of the Act of March 3, 1993, as amended (41
U.S.C. 10d), sections 141 and 301-310 of the Trade Act of 1974,
as amended (the Act) (19 U.S.C. 2171, 2411-2420), title III of
the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-
2518), and section 301 of title 3, United States Code, and to
ensure that the trade policies of the United States advance, to
the greatest extent possible, the export of the products and
services of the United States and that trade policy resources
are used efficiently, it is hereby ordered as follows:
PART I: IDENTIFICATION OF TRADE EXPANSION PRIORITIES
Section 1. Identification and Annual Report. (a) Within 30
days of the submission of the National Trade Estimate Report
required by section 181(b) of the Act (19 U.S.C. 2241(b)) for
1999, 2000, and 2001, the United States Trade Representative
(Trade Representative) shall review United States trade
expansion priorities and identify priority foreign country
practices, the elimination of which is likely to have the most
significant potential to increase United States exports, either
directly or through the establishment of a beneficial
precedent. The Trade Representative shall submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives, and shall publish in
the Federal Register, a report on the priority foreign country
practices identified.
(b) In identifying priority foreign country practices under
paragraph (a) of this section, the Trade Representative shall
take into account all relevant factors, including:
(1) the major barriers and trade distorting practices
described in the National Trade Estimate Report;
(2) the trade agreements to which a foreign country
is a party and its compliance with those agreements;
(3) the medium-term and long-term implications of
foreign government procurement plans; and
(4) the international competitive position and export
potential of United States products and services.
(c) The Trade Representative may include in the report, if
appropriate, a description of the foreign country practices
that may in the future warrant identification as priority
foreign country practices. The Trade Representative also may
include a statement about other foreign country practices that
were not identified because they are already being addressed by
provisions of United States trade law, existing bilateral trade
agreements, or in trade negotiations with other countries and
progress is being made toward their elimination.
Sec. 2. Resolution. Upon submission of the report required
by paragraph (a) of section 1 of this part, the Trade
Representative shall, with respect to any priority foreign
country practice identified therein, engage the country
concerned for the purpose of seeking a satisfactory resolution,
for example, by obtaining compliance with a trade agreement or
the elimination of the practice as quickly as possible, or, if
this is not feasible, by providing for compensatory trade
benefits.
Sec. 3. Initiation of Investigations. Within 90 days of the
submission of the report required by paragraph (a) of section 1
of this part, the Trade Representative shall initiate under
section 302(b)(1) of the Act (19 U.S.C. 2412(b)(1))
investigations with respect to all of the priority foreign
country practices identified, unless during the 90-day period
the Trade Representative determines that a satisfactory
resolution of the matter to be investigated has been achieved.
PART II: IDENTIFICATION OF DISCRIMINATORY GOVERNMENT PROCUREMENT
PRACTICES
Section 1. Identification and Annual Report. (a) Within 30
days of the submission of the National Trade Estimate Report
for 1999, 2000, and 2001, the Trade Representative shall submit
to the Committees on Finance and on Governmental Affairs of the
Senate and the Committees on Ways and Means and Government
Reform and Oversight of the House of Representatives, and shall
publish in the Federal Register, a report on the extent to
which foreign countries discriminate against U.S. products or
services in making government procurements.
(b) In the report, the Trade Representative shall identify
countries that:
(1) are not in compliance with their obligations
under the World Trade Organization Agreement on
Government Procurement (the GPA), Chapter 10 of the
North American Free Trade Agreement (NAFTA), or other
agreements relating to government procurement
(procurement agreements) to which that country and the
United States are parties; or
(2) maintain, in government procurement, a
significant and persistent pattern or practice of
discrimination against U.S. products or services that
results in identifiable harm to U.S. businesses and
whose products or services are acquired in significant
amounts by the United States Government.
Sec. 2. Considerations in Making Identifications. In making
the identifications required by section 1 of this part, the
Trade Representative shall: (a) consider the requirements of
the GPA, NAFTA, or other procurement agreements, government
procurement practices, and the effects of such practices on
U.S. businesses as a basis for evaluating whether the
procurement practices of foreign governments do not provide
fair market opportunities for U.S. products or services;
(b) take into account, among other factors, whether and to
what extent countries that are parties to the GPA, NAFTA, or
other procurement agreements, and other countries described in
section 1 of this part:
(1) use sole-sourcing or otherwise noncompetitive
procedures for procurement that could have been
conducted using competitive procedures;
(2) conduct what normally would have been one
procurement as two or more procurements, to decrease
the anticipated contract values below the value
threshold of the GPA, NAFTA, or other procurement
agreements, or to make the procurement less attractive
to U.S. businesses;
(3) announce procurement opportunities with
inadequate time intervals for U.S. businesses to submit
bids; and
(4) use specifications in such a way as to limit the
ability of U.S. suppliers to participate in
procurements; and
(c) consider information included in the National Trade
Estimate Report, and any other additional criteria deemed
appropriate, including, to the extent such information is
available, the failure to apply transparent and competitive
procedures or maintain and enforce effective prohibitions on
bribery and other corrupt practices in connection with
government procurement.
Sec. 3. Impact of Noncompliance and Denial of Comparable
Treatment. The Trade Representative shall take into account, in
identifying countries in the annual report and in any action
required by this part, the relative impact of any noncompliance
with the GPA, NAFTA, or other procurement agreements, or of
other discrimination on U.S. commerce, and the extent to which
such noncompliance or discrimination has impeded the ability of
U.S. suppliers to participate in procurements on terms
comparable to those available to suppliers of the country in
question when seeking to sell goods or services to the United
States Government.
Sec. 4. Resolution. Upon submission of the report required
by section 1 of this part, the Trade Representative shall
engage any country identified therein for the purpose of
seeking a satisfactory resolution, for example, by obtaining
compliance with the GPA, NAFTA, or other procurement agreements
or the elimination of the discriminatory procurement practices
as quickly as possible, or, if this is not feasible, by
providing for compensatory trade benefits.
Sec. 5. Initiation of Investigations. (a) Within 90 days of
the submission of the report required by section 1 of this
part, the Trade Representative shall initiate under section
302(b)(1) of the Act (19 U.S.C. 2412(b)(1)) investigations with
respect to any practice that:
(1) was the basis for the identification of a country
under section 1; and
(2) is not at that time the subject of any other
investigation or action under title III, chapter 1, of
the Act, unless during the 90-day period the Trade
Representative determines that a satisfactory
resolution of the matter to be investigated has been
achieved.
(b) For investigations initiated under paragraph (a) of
this section (other than an investigation involving the GPA or
NAFTA), the Trade Representative shall apply the time limits
and procedures in section 304(a)(3) of the Act (19 U.S.C.
2414(a)(3)). The time limits in subsection 304(a)(3)(B) of the
Act (19 U.S.C. 2414(a)(3)(B)) shall apply if the Trade
Representative determines that:
(1) complex or complicated issues are involved in the
investigation that require additional time;
(2) the foreign country involved in the investigation
is making substantial progress in drafting or
implementing legislative or administrative measures
that will end the discriminatory procurement practice;
or
(3) such foreign country is undertaking enforcement
measures to end the discriminatory procurement
practice.
PART III: DIRECTION
Section 1. Presidential Direction. The authorities
delegated pursuant to this order shall be exercised subject to
any subsequent direction by the President in a particular
matter.
Sec. 2. Consultations and Advice. In developing the annual
reports required by part I and part II of this order, the Trade
Representative shall consult with executive agencies and seek
information and advice from U.S. businesses in the United
States and in the countries involved in the practices under
consideration.
(31) Prohibition of Acquisition of Products Produced by Forced or
Indentured Child Labor
Executive Order 13126, June 12, 1999, 64 F.R. 32383, 19 U.S.C. 1307
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to continue the executive branch's commitment to
fighting abusive child labor practices, it is hereby ordered as
follows:
Section. 1. Policy. It shall be the policy of the United
States Government, consistent with the Tariff Act of 1930, 19
U.S.C. 1307, the Fair Labor Standards Act, 29 U.S.C. 201 et.
seq., and the Walsh-Healey Public Contracts Act, 41 U.S.C. 35
et seq., the executive agencies shall take appropriate actions
to enforce the laws prohibiting the manufacture or importation
of goods, wares, articles, and merchandise mined, produced, or
manufactured wholly or in part by forced or indentured child
labor.
Sec. 2. Publication of List. Within 120 days after the date
of this order, the Department of Labor, in consultation and
cooperation with the Department of the Treasury and the
Department of State, shall publish in the Federal Register a
list of products, identified by their country of origin, that
those Departments have a reasonable basis to believe might have
been mined, produced, or manufactured by forced or indentured
child labor. The Department of Labor may conduct hearings to
assist in the identification of those products.
Sec. 3. Procurement Regulations. Within 120 days after the
date of this order, the Federal Acquisition Regulatory Council
shall issue proposed rules to implement the following:
(a) Required Solicitation Provisions. Each solicitation of
offers for a contract for the procurement of a product included
on the list published under section 2 of this order shall
include the following provisions:
(1) A provision that requires the contractor to
certify to the contracting officer that the contractor
or, in the case of an incorporated contractor, a
responsible official of the contractor has made a good
faith effort to determine whether forced or indentured
child labor was used to mine, produce, or manufacture
any product furnished under the contract and that, on
the basis of those efforts, the contractor is unaware
of any such use of child labor; and
(2) A provision that obligates the contractor to
cooperate fully in providing reasonable access to the
contractor's records, documents, persons, or premises
if reasonably requested by authorized officials of the
contracting agency, the Department of the Treasury, or
the Department of Justice, for the purpose of
determining whether forced or indentured child labor
was used to mine, produce, or manufacture any product
furnished under the contract.
(b) Investigations. Whenever a contracting officer of an
executive agency has reason to believe that forced or
indentured child labor was used to mine, produce, or
manufacture a product furnished pursuant to a contract subject
to the requirements of subsection 3(a) of this order, the head
of the executive agency shall refer the matter for
investigation to the Inspector General of the executive agency
and, as the head of the executive agency or the Inspector
General determines appropriate, to the Attorney General and the
Secretary of the Treasury.
(c) Remedies.
(1) The head of an executive agency may impose
remedies as provided in this subsection in the case of
a contractor under a contract of the executive agency
if the head of the executive agency finds that the
contractor:
(i) Has furnished under the contract products
that have been mined, produced, or manufactured
by forced or indentured child labor or uses
forced or indentured child labor in the mining,
production, or manufacturing operations of the
contractor;
(ii) Has submitted a false certification
under subsection 3(a)(1) of this order; or
(iii) Has failed to cooperate in accordance
with the obligation imposed pursuant to
subsection 3(a)(2) of this order.
(2) The head of an executive agency, in his or her
sole discretion, may terminate a contract on the basis
of any finding described in subsection 3(c)(1) of this
order for any contract entered into after the date the
regulation called for in section 3 of this order is
published in final.
(3) The head of an executive agency may debar or
suspend a contractor from eligibility for Federal
contracts on the basis of a finding that the contractor
has engaged in an act described in subsection 3(c)(1)
of this order. The provision for debarment may not
exceed 3 years.
(4) The Administrator of General Services shall
include on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs (maintained by
the Administrator as described in the Federal
Acquisition Regulation) each party that is debarred,
suspended, proposed for debarment or suspension, or
declared ineligible by the head of an agency on the
basis that the person has engaged in an act described
in subsection 3(c)(1) of this order.
(5) This section shall not be construed to limit the
use of other remedies available to the head of an
executive agency or any other official of the Federal
Government on the basis of a finding described in
subsection 3(c)(1) of this order.
Sec. 4. Report. Within 2 years after implementation of any
final rule under this order, the Administrator of General
Services, with the assistance of other executive agencies,
shall submit to the Office of Management and Budget a report on
the actions taken pursuant to this order.
Sec. 5. Scope. (a) Any proposed rules issued pursuant to
section 3 of this order shall apply only to acquisitions for a
total amount in excess of the micro-purchase threshold as
defined in section 32(f) of the Office of Federal Procurement
Policy Act (41 U.S.C. 428(f)).
(b) This order does not apply to a contract that is for the
procurement of any product, or any article, material, or supply
contained in a product that is mined, produced, or manufactured
in any foreign country if:
(1) the foreign country is a party to the Agreement
on Government Procurement annexed to the WTO Agreement
or a party to the North American Free Trade Agreement
(``NAFTA''); and
(2) the contract is of a value that is equal to or
greater than the United States threshold specified in
the Agreement on Government Procurement annexed to the
WTO Agreement or NAFTA, whichever is applicable.
Sec. 6. Definitions. (a) ``Executive agency'' and
``agency'' have the meaning given to ``executive agency'' in
section 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
(b) ``WTO Agreement'' means the Agreement Establishing the
World Trade Organization, entered into on April 15, 1994.
(c) ``Forced or indentured child labor'' means all work or
service (1) exacted from any person under the age of 18 under
the menace of any penalty for its nonperformance and for which
the worker does not offer himself voluntarily; or (2) performed
by any person under the age of 18 pursuant to a contract the
enforcement of which can be accomplished by process or
penalties.
Sec. 7. Judicial Review. This order is intended only to
improve the internal management of the executive branch and
does not create any rights or benefits, substantive or
procedural, enforceable by law by a party against the United
States, its agencies, its officers, or any other person.
(32) Environmental Review of Trade Agreements
Executive Order 13141, November 15, 1999, 64 F.R. 63167, 19 U.S.C. 2112
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to further the environmental and trade policy goals of
the United States, it is hereby ordered as follows:
Section 1. Policy. The United States is committed to a
policy of careful assessment and consideration of the
environmental impacts of trade agreements. The United States
will factor environmental considerations into the development
of its trade negotiating objectives. Responsible agencies will
accomplish these goals through a process of ongoing assessment
and evaluation, and, in certain instances, written
environmental reviews.
Sec. 2. Purpose and Need. Trade agreements should
contribute to the broader goal of sustainable development.
Environmental reviews are an important tool to help identify
potential environmental effects of trade agreements, both
positive and negative, and to help facilitate consideration of
appropriate responses to those effects whether in the course of
negotiations, through other means, or both.
Sec. 3. (a) Implementation. The United States Trade
Representative (Trade Representative) and the Chair of the
Council on Environmental Quality shall oversee the
implementation of this order, including the development of
procedures pursuant to this order, in consultation with
appropriate foreign policy, environmental, and economic
agencies.
(b) Conduct of Environmental Reviews. The Trade
Representative, through the interagency Trade Policy Staff
Committee (TPSC), shall conduct the environmental reviews of
the agreements under section 4 of this order.
Sec. 4. Trade Agreements.
(a) Certain agreements that the United States may
negotiate shall require an environmental review. These
include:
(i) comprehensive multilateral trade rounds;
(ii) bilateral or plurilateral free trade
agreements; and major new trade liberalization
agreements in natural resource sectors.
(b) Agreements reached in connection with enforcement
and dispute resolution actions are not covered by this
order.
(c) For trade agreements not covered under
subsections 4(a) and (b), environmental reviews will
generally not be required. Most sectoral liberalization
agreements will not require an environmental review the
Trade Representative, through the TPSC, shall determine
whether an environmental review of an agreement or
category of agreements is warranted based on such
factors as the significance of reasonably foreseeable
environmental impacts.
Sec. 5. Environmental Reviews.
(a) Environmental reviews shall be:
(i) written;
(ii) initiated through a Federal Register
notice, outlining the proposed agreement and
soliciting public comment and information on
the scope of the environmental review of the
agreement;
(iii) undertaken sufficiently early in the
process to inform the development of
negotiating positions, but shall not be a
condition for the timely tabling of particular
negotiating proposals;
(iv) made available in draft form for public
comment, where practicable; and
(v) made available to the public in final
form.
(b) As a general matter, the focus of environmental
reviews will be impacts in the United States. As
appropriate and prudent, reviews may also examine
global and transboundary impacts.
Sec. 6. Resources. Upon request by the Trade
Representative, with the concurrence of the Deputy Director for
Management of the Office of Management and Budget, Federal
agencies shall, to the extent permitted by law and subject to
the availability of appropriations, provide analytical and
financial resources and support, including the detail of
appropriate personnel, to the Office of the United States Trade
Representative to carry out the provisions of this order.
Sec. 7. General Provisions. This order is intended only to
improve the internal management of the executive branch and
does not create any right, benefit, trust, or responsibility,
substantive or procedural, enforceable at law or equity by a
party against the United States, its agencies, its officers, or
any person.
(33) Access to HIV/AIDS Pharmaceuticals and Medical Technologies
Executive Order 13155, May 10, 2000, 64 F.R. 30521, 19 U.S.C. 2411 note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 141 and chapter 1 of title III of the Trade
Act of 1974, as amended (19 U.S.C. 2171, 241-2420), section 307
of the Public Health Service Act (42 U.S.C. 2421), and section
104 of the Foreign Assistance Act of 1961, as amended (22
U.S.C. 2151b), and in accordance with executive branch policy
on health-related intellectual property matters to promote
access to essential medicines, it is hereby ordered as follows:
Section 1. Policy. (a) In administering sections 301-310 of
the Trade Act of 1974, the United States shall not seek,
through negotiation or otherwise, the revocation or revision of
any intellectual property law or policy of a beneficiary sub-
Saharan African country, as determined by the President, that
regulates HIV/AIDS pharmaceuticals or medical technologies if
the law or policy of the country:
(1) promotes access to HIV/AIDS pharmaceuticals or
medical technologies for affected populations in that
country; and
(2) provides adequate and effective intellectual
property protection consistent with the Agreement on
Trade-Related Aspects of Intellectual Property Rights
(TRIPS Agreement) referred to in section 101(d)(15) of
the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(15)).
(b) The United States shall encourage all beneficiary sub-
Saharan African countries to implement policies designed to
address the underlying causes of the HIV/AIDS crisis by, among
other things, making efforts to encourage practices that will
prevent further transmission and infection and to stimulate
development of the infrastructure necessary to deliver adequate
health services, and by encouraging policies that provide an
incentive for public and private research on, and development
of, vaccines and other medical innovations that will combat the
HIV/AIDS epidemic in Africa.
Sec. 2. Rationale: (a) This order finds that:
(1) since the onset of the worldwide HIV/AIDS
epidemic, approximately 34 million people living in
sub-Saharan Africa have been infected with the disease;
(2) of those infected, approximately 11.5 million
have died;
(3) the deaths represent 83 percent of the total HIV/
AIDS-related deaths worldwide; and
(4) access to effective therapeutics for HIV/AIDS is
determined by issues of price, health system
infrastructure for delivery, and sustainable financing.
(b) In light of these findings, this order recognizes that:
(1) it is in the interest of the United States to
take all reasonable steps to prevent further spread of
infectious disease, particularly HIV/AIDS;
(2) there is critical need for effective incentives
to develop new pharmaceuticals, vaccines, and therapies
to combat the HIV/AIDS crisis, including effective
global intellectual property standards designed to
foster pharmaceutical and medical innovation;
(3) the overriding priority for responding to the
crisis of HIV/AIDS in sub-Saharan Africa should be to
improve public education and to encourage practices
that will prevent further transmission and infection,
and to stimulate development of the infrastructure
necessary to deliver adequate health care services;
(4) the United States should work with individual
countries in sub-Saharan Africa to assist them in
development of effective public education campaigns
aimed at the prevention of HIV/AIDS transmission and
infection, and to improve their health care
infrastructure to promote improved access to quality
health care for their citizens in general, and
particularly with respect to the HIV/AIDS epidemic;
(5) an effective United States response to the crisis
in sub-Saharan Africa must focus in the short term on
preventive programs designed to reduce the frequency of
new infections and remove the stigma of the disease,
and should place a priority on basic health services
that can be used to treat opportunistic infections,
sexually transmitted infections, and complications
associated with HIV/AIDS so as to prolong the duration
and improve the quality of life of those with the
disease;
(6) an effective United States response to the crisis
must also focus on the development of HIV/AIDS vaccines
to prevent the spread of the disease;
(7) the innovative capacity of the United States in
the commercial and public pharmaceutical research
sectors is unmatched in the world, and the
participation of both these sectors will be a critical
element in any successful program to respond to the
HIV/AIDS crisis in sub-Saharan Africa;
(8) the TRIPS Agreement recognizes the importance of
promoting effective and adequate protection of
intellectual property rights and the right of countries
to adopt measures necessary to protect public health;
(9) individual countries should have the ability to
take measures to address the HIV/AIDS epidemic,
provided that such measures are consistent with their
international obligations; and
(10) successful initiatives will require effective
partnerships and cooperation among governments,
international organizations, nongovernmental
organizations, and the private sector, and greater
consideration should be given to financial, legal, and
other incentives that will promote improved prevention
and treatment actions.
Sec. 3. Scope. (a) This order prohibits the United States
Government from taking action pursuant to section 301(b) of the
Trade Act of 1974 with respect to any law or policy in
beneficiary sub-Saharan African countries that promotes access
to HIV/AIDS pharmaceuticals or medical technologies and that
provides adequate and effective intellectual property
protection consistent with the TRIPS Agreement. However, this
order does not prohibit United States Government officials from
evaluating, determining, or expressing concern about whether
such a law or policy promotes access to HIV/AIDS
pharmaceuticals or medical technologies or provides adequate
and effective intellectual property protection consistent with
the TRIPS Agreement. In addition, this order does not prohibit
United States Government officials from consulting with or
otherwise discussing with sub-Saharan African governments
whether such law or policy meets the conditions set forth in
section 1(a) of this order. Moreover, this order does not
prohibit the United States Government from invoking the dispute
settlement procedures of the World Trade Organization to
examine whether any such law or policy is consistent with the
Uruguay Round Agreements, referred to in section 101(d) of the
Uruguay Round Agreements Act.
(b) This order is intended only to improve the internal
management of the executive branch and is not intended to, and
does not create, any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the
United States, its agencies or instrumentalities, its officers
or employees, or any other person.
(34) Federal Leadership on Global Tobacco Control and Prevention
Executive Order 13193, January 18, 2001, 66 F.R. 7387, 22 U.S.C. 2101
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section 1. Policy. It shall be the policy of the executive
branch to take strong action to address the potential global
epidemic of diseases caused by tobacco use. The executive
branch shall undertake activities to increase its capacity to
address global tobacco prevention and control issues through
coordinated domestic action, limited bilateral assistance to
individual nations, and support to multilateral organizations.
International activities shall be directed towards deterring
children from tobacco use, protecting nonsmokers, and providing
information about the adverse health effects of tobacco use and
the health benefits of cessation.
Sec. 2. Responsibilities of Federal Departments and
Agencies. (a) Tobacco Trade Policy. In the implementation of
international trade policy, executive departments and agencies
shall not promote the sale or export of tobacco or tobacco
products, or seek the reduction or removal of foreign
government restrictions on the marketing and advertising of
such products, provided that such restrictions are applied
equally to all tobacco or tobacco products of the same type.
Departments and agencies are not precluded from taking
necessary actions in accordance with the requirements and
remedies available under applicable United States trade laws
and international agreements to ensure nondiscriminatory
treatment of United States products. Nothing in this Executive
Order shall be construed (1) to modify the annual executive
branch guidance to United States diplomatic posts on health,
trade, and commercial aspects of tobacco, or (2) to affect any
negotiating position of the United States on the Framework
Convention on Tobacco Control.
(b) The Department of Health and Human Services' (HHS) Role
in Tobacco Trade Policy Deliberations. The HHS shall be
included in all deliberations of interagency working groups,
chaired by the United States Trade Representative (USTR), that
address issues relating to trade in tobacco and tobacco
products. Through such participation, HHS shall advise the
USTR, and other interested Federal agencies, of the potential
public health impact of any tobacco-related trade action that
is under consideration. Upon conclusion of a trade agreement
that includes provisions specifically addressing tobacco or
tobacco products, the USTR shall produce and make publicly
available a summary describing those provisions.
(c) International Tobacco Control Needs Assessment. The
HHS, with the cooperation of the Departments of State,
Commerce, and Agriculture, and in consultation with the
appropriate national Ministry of Health, shall conduct a pilot
assessment of tobacco use in a country other than the United
States. Such assessment will be carried out through a
compilation and review of surveys and other needs assessments
already available and include:
(1) initial estimates of the burden of disease and
other public health consequences of tobacco use;
(2) the status of tobacco control regulatory measures
in place to curtail tobacco consumption and tobacco
related disease; and
(3) an analysis of the marketing, distribution, and
manufacturing practices of tobacco companies in given
regions, and the impact of those practices on smoking
rates, particularly among women and children. Such
assessment shall be prepared and provided to interested
agencies and other parties not later than December 31,
2001, and be updated as practicable.
(d) Research and Training in Tobacco Control. The HHS will
develop a research and training program linking institutions in
the United States and certain other countries in the field of
tobacco control. Emphasis will be placed on the collection of
standardized and comparable surveillance data; networks for
communication, information and best practices; and the
development and evaluation of culturally-targeted approaches to
preventing tobacco use and increasing quit rates, especially
among women and children.
Sec. 3. General. (a) Executive departments and agencies
shall carry out the provisions of this order to the extent
permitted by law and consistent with their statutory and
regulatory authorities and their enforcement mechanisms.
(b) This order clarifies and strengthens Administration
policy and does not create any right or benefit, substantive or
procedural, enforceable at law by a party against the United
States, its officers or employees, or any other person.
b. U.S. Trade With Canada, Latin America, and the Caribbean
(1) Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act
Partial text of Public Law 109-53 [H.R. 3045], 119 Stat. 462, approved
August 2, 2005
AN ACT To implement the Dominican Republic-Central America-United
States Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.\1\ --This Act may be cited as the
``Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act''.
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\1\ 19 U.S.C. 4001 note.
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(b) Table of Contents.--* * *
SEC. 2.\2\ PURPOSES.
---------------------------------------------------------------------------
\2\ 19 U.S.C. 4001.
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The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement
between the United States, Costa Rica, the Dominican
Republic, El Salvador, Guatemala, Honduras, and
Nicaragua entered into under the authority of section
2103(b) of the Bipartisan Trade Promotion Authority Act
of 2002 (19 U.S.C. 3803(b));
(2) to strengthen and develop economic relations
between the United States, Costa Rica, the Dominican
Republic, El Salvador, Guatemala, Honduras, and
Nicaragua for their mutual benefit;
(3) to establish free trade between the United
States, Costa Rica, the Dominican Republic, El
Salvador, Guatemala, Honduras, and Nicaragua through
the reduction and elimination of barriers to trade in
goods and services and to investment; and
(4) to lay the foundation for further cooperation to
expand and enhance the benefits of the Agreement.
SEC. 3.\3\ DEFINITIONS.
---------------------------------------------------------------------------
\3\ 19 U.S.C. 4002.
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In this Act:
(1) Agreement.--The term ``Agreement'' means the
Dominican Republic-Central America-United States Free
Trade Agreement approved by the Congress under section
101(a)(1).
(2) CAFTA-DR country.--Except as provided in section
203, the term ``CAFTA-DR country'' means--
(A) Costa Rica, for such time as the
Agreement is in force between the United States
and Costa Rica;
(B) the Dominican Republic, for such time as
the Agreement is in force between the United
States and the Dominican Republic;
(C) El Salvador, for such time as the
Agreement is in force between the United States
and El Salvador;
(D) Guatemala, for such time as the Agreement
is in force between the United States and
Guatemala;
(E) Honduras, for such time as the Agreement
is in force between the United States and
Honduras; and
(F) Nicaragua, for such time as the Agreement
is in force between the United States and
Nicaragua.
(3) Commission.--The term ``Commission'' means the
United States International Trade Commission.
(4) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
(5) Textile or apparel good.--The term ``textile or
apparel good'' means a good listed in the Annex to the
Agreement on Textiles and Clothing referred to in
section 101(d)(4) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(4)), other than a good listed in
Annex 3.29 of the Agreement.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
SEC. 101.\4\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
---------------------------------------------------------------------------
\4\ 19 U.S.C. 4011.
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(a) Approval of Agreement and Statement of Administrative
Action.--Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress
approves--
(1) the Dominican Republic-Central America-United
States Free Trade Agreement entered into on August 5,
2004, with the Governments of Costa Rica, the Dominican
Republic, El Salvador, Guatemala, Honduras, and
Nicaragua, and submitted to the Congress on June 23,
2005; and
(2) the statement of administrative action proposed
to implement the Agreement that was submitted to the
Congress on June 23, 2005.
(b) Conditions for Entry Into Force of the Agreement.--At
such time as the President determines that countries listed in
subsection (a)(1) have taken measures necessary to comply with
the provisions of the Agreement that are to take effect on the
date on which the Agreement enters into force, the President is
authorized to provide for the Agreement to enter into force
with respect to those countries that provide for the Agreement
to enter into force for them.
SEC. 102.\5\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
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\5\ 19 U.S.C. 4012.
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(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No
provision of the Agreement, nor the application of any
such provision to any person or circumstance, which is
inconsistent with any law of the United States shall
have effect.
(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States, or
(B) to limit any authority conferred under
any law of the United States,
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the
application thereof, may be declared invalid as to any
person or circumstance on the ground that the provision
or application is inconsistent with the Agreement,
except in an action brought by the United States for
the purpose of declaring such law or application
invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No
person other than the United States--
(1) shall have any cause of action or defense under
the Agreement or by virtue of congressional approval
thereof; or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State, on the ground that such action or inaction
is inconsistent with the Agreement.
SEC. 103.\6\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
AND INITIAL REGULATIONS.
---------------------------------------------------------------------------
\6\ 19 U.S.C. 4013.
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(a) Implementing Actions.--
(1) Proclamation authority.--After the date of the
enactment of this Act--
(A) the President may proclaim such actions,
and
(B) other appropriate officers of the United
States Government may issue such regulations,
as may be necessary to ensure that any provision of
this Act, or amendment made by this Act, that takes
effect on the date the Agreement enters into force is
appropriately implemented on such date, but no such
proclamation or regulation may have an effective date
earlier than the date the Agreement enters into force.
(2) Effective date of certain proclaimed actions.--
Any action proclaimed by the President under the
authority of this Act that is not subject to the
consultation and layover provisions under section 104
may not take effect before the 15th day after the date
on which the text of the proclamation is published in
the Federal Register.
(3) Waiver of 15-day restriction.--The 15-day
restriction contained in paragraph (2) on the taking
effect of proclaimed actions is waived to the extent
that the application of such restriction would prevent
the taking effect on the date the Agreement enters into
force of any action proclaimed under this section.
(b) Initial Regulations.--Initial regulations necessary or
appropriate to carry out the actions required by or authorized
under this Act or proposed in the statement of administrative
action submitted under section 101(a)(2) to implement the
Agreement shall, to the maximum extent feasible, be issued
within 1 year after the date on which the Agreement enters into
force. In the case of any implementing action that takes effect
on a date after the date on which the Agreement enters into
force, initial regulations to carry out that action shall, to
the maximum extent feasible, be issued within 1 year after such
effective date.
SEC. 104.\7\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
---------------------------------------------------------------------------
\7\ 19 U.S.C. 4014.
---------------------------------------------------------------------------
If a provision of this Act provides that the implementation
of an action by the President by proclamation is subject to the
consultation and layover requirements of this section, such
action may be proclaimed only if--
(1) the President has obtained advice regarding the
proposed action from--
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155); and
(B) the Commission;
(2) the President has submitted to the Committee on
Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report that
sets forth--
(A) the action proposed to be proclaimed and
the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the
first day on which the requirements set forth in
paragraphs (1) and (2) have been met has expired; and
(4) the President has consulted with such Committees
regarding the proposed action during the period
referred to in paragraph (3).
SEC. 105.\8\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
---------------------------------------------------------------------------
\8\ 19 U.S.C. 4015.
---------------------------------------------------------------------------
(a) Establishment or Designation of Office.--The President is
authorized to establish or designate within the Department of
Commerce an office that shall be responsible for providing
administrative assistance to panels established under chapter
20 of the Agreement. The office may not be considered to be an
agency for purposes of section 552 of title 5, United States
Code.
(b) Authorization of Appropriations.--There are authorized to
be appropriated for each fiscal year after fiscal year 2005 to
the Department of Commerce such sums as may be necessary for
the establishment and operations of the office established or
designated under subsection (a) and for the payment of the
United States share of the expenses of panels established under
chapter 20 of the Agreement.
SEC. 106.\9\ ARBITRATION OF CLAIMS.
---------------------------------------------------------------------------
\9\ 19 U.S.C. 4016.
---------------------------------------------------------------------------
The United States is authorized to resolve any claim against
the United States covered by article 10.16.1(a)(i)(C) or
article 10.16.1(b)(i)(C) of the Agreement, pursuant to the
Investor-State Dispute Settlement procedures set forth in
section B of chapter 10 of the Agreement.
SEC. 107.\10\ EFFECTIVE DATES; EFFECT OF TERMINATION.
---------------------------------------------------------------------------
\10\ 19 U.S.C. 4001 note.
---------------------------------------------------------------------------
(a) Effective Dates.--Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date the Agreement enters into force.
(b) Exceptions.--Sections 1 through 3 and this title take
effect on the date of the enactment of this Act.
(c) Termination of CAFTA-DR Status.--During any period in
which a country ceases to be a CAFTA-DR country, the provisions
of this Act (other than this subsection) and the amendments
made by this Act shall cease to have effect with respect to
that country.
(d) Termination of the Agreement.--On the date on which the
Agreement ceases to be in force with respect to the United
States, the provisions of this Act (other than this subsection)
and the amendments made by this Act shall cease to have effect.
TITLE II--CUSTOMS PROVISIONS \11\
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\11\ Freestanding provisions in this title are codified at 19
U.S.C. 4031-4036.
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* * * * * * *
TITLE III--RELIEF FROM IMPORTS \12\
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\12\ Freestanding provisions in this title are codified at 19
U.S.C. 4061-4101 (subtitle A--relief from imports benefiting from the
agreement; subtitle B--textile and apparel safeguard measures; subtitle
C--cases under title II of the Trade Act of 1974).
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* * * * * * *
TITLE IV--MISCELLANEOUS \13\
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\12\ Except for sec. 403, title IV consists of amendments to other
trade legislation.
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* * * * * * *
SEC. 403.\14\ PERIODIC REPORTS AND MEETINGS ON LABOR OBLIGATIONS AND
LABOR CAPACITY-BUILDING PROVISIONS.
---------------------------------------------------------------------------
\14\ 19 U.S.C. 4111.
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(a) Reports to Congress.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the Agreement enters into
force, and not later than the end of each 2-year period
thereafter during the succeeding 14-year period, the
President shall report to the Congress on the progress
made by the CAFTA-DR countries in--
(A) implementing Chapter Sixteen and Annex
16.5 of the Agreement; and
(B) implementing the White Paper.
(2) White paper.--In this section, the term ``White
Paper'' means the report of April 2005 of the Working
Group of the Vice Ministers Responsible for Trade and
Labor in the Countries of Central America and the
Dominican Republic entitled ``The Labor Dimension in
Central America and the Dominican Republic--Building on
Progress: Strengthening Compliance and Enhancing
Capacity''.
(3) Contents of reports.--Each report under paragraph
(1) shall include the following:
(A) A description of the progress made by the
Labor Cooperation and Capacity Building
Mechanism established by article 16.5 and Annex
16.5 of the Agreement, and the Labor Affairs
Council established by article 16.4 of the
Agreement, in achieving their stated goals,
including a description of the capacity-
building projects undertaken, funds received,
and results achieved, in each CAFTA-DR country.
(B) Recommendations on how the United States
can facilitate full implementation of the
recommendations contained in the White Paper.
(C) A description of the work done by the
CAFTA-DR countries with the International Labor
Organization to implement the recommendations
contained in the White Paper, and the efforts
of the CAFTA-DR countries with international
organizations, through the Labor Cooperation
and Capacity Building Mechanism referred to in
subparagraph (A), to advance common commitments
regarding labor matters.
(D) A summary of public comments received
on--
(i) capacity-building efforts by the
United States envisaged by article 16.5
and Annex 16.5 of the Agreement;
(ii) efforts by the United States to
facilitate full implementation of the
White Paper recommendations; and
(iii) the efforts made by the CAFTA-
DR countries to comply with article
16.5 and Annex 16.5 of the Agreement
and to fully implement the White Paper
recommendations, including the progress
made by the CAFTA-DR countries in
affording to workers internationally-
recognized worker rights through
improved capacity.
(4) Solicitation of public comments.--The President
shall establish a mechanism to solicit public comments
for purposes of paragraph (3)(D).
(b) Periodic Meetings of Secretary of Labor With Labor
Ministers of CAFTA-DR Countries.--
(1) Periodic meetings.--The Secretary of Labor should
take the necessary steps to meet periodically with the
labor ministers of the CAFTA-DR countries to discuss--
(A) the operation of the labor provisions of
the Agreement;
(B) progress on the commitments made by the
CAFTA-DR countries to implement the
recommendations contained in the White Paper;
(C) the work of the International Labor
Organization in the CAFTA-DR countries, and
other cooperative efforts, to afford to workers
internationally-recognized worker rights; and
(D) such other matters as the Secretary of
Labor and the labor ministers consider
appropriate.
(2) Inclusion in biennial reports.--The President
shall include in each report under subsection (a), as
the President deems appropriate, summaries of the
meetings held pursuant to paragraph (1).
(2) United States-Chile Free Trade Agreement Implementation Act
Partial text of Public Law 108-77 [H.R. 2738], 117 Stat. 909, approved
September 3, 2003
AN ACT To implement the United States-Chile Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.\1\ --This Act may be cited as the ``United
States-Chile Free Trade Agreement Implementation Act''.
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\1\ 19 U.S.C. 3805 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
SEC. 2.\1\ PURPOSES.
The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement
between the United States and the Republic of Chile
entered into under the authority of section 2103(b) of
the Bipartisan Trade Promotion Authority Act of 2002;
(2) to strengthen and develop economic relations
between the United States and Chile for their mutual
benefit;
(3) to establish free trade between the 2 nations
through the reduction and elimination of barriers to
trade in goods and services and to investment; and
(4) to lay the foundation for further cooperation to
expand and enhance the benefits of such Agreement.
SEC. 3.\1\ DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the
United States-Chile Free Trade Agreement approved by
the Congress under section 101(a)(1).
(2) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
(3) Textile or apparel good.--The term ``textile or
apparel good'' means a good listed in the Annex to the
Agreement on Textiles and Clothing referred to in
section 101(d)(4) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(4)).
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
SEC. 101.\1\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative
Action.--Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress
approves--
(1) the United States-Chile Free Trade Agreement
entered into on June 6, 2003, with the Government of
Chile and submitted to the Congress on July 15, 2003;
and
(2) the statement of administrative action proposed
to implement the Agreement that was submitted to the
Congress on July 15, 2003.
(b) Conditions for Entry Into Force of the Agreement.--At
such time as the President determines that Chile has taken
measures necessary to bring it into compliance with the
provisions of the Agreement that take effect on the date on
which the Agreement enters into force, the President is
authorized to exchange notes with the Government of Chile
providing for the entry into force, on or after January 1,
2004, of the Agreement for the United States.
SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
(a) Relationship to United States Law.--
(1) United states law to prevail in conflict.--No
provision of the Agreement, nor the application of any
such provision to any person or circumstance, which is
inconsistent with any law of the United States shall
have effect.
(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States, or
(B) to limit any authority conferred under
any law of the United States,
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the
application thereof, may be declared invalid as to any
person or circumstance on the ground that the provision
or application is inconsistent with the Agreement,
except in an action brought by the United States for
the purpose of declaring such law or application
invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No
person other than the United States--
(1) shall have any cause of action or defense under
the Agreement or by virtue of Congressional approval
thereof; or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State on the ground that such action or inaction
is inconsistent with the Agreement.
SEC. 103.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
(a) Consultation and Layover Requirements.--If a provision of
this Act provides that the implementation of an action by the
President by proclamation is subject to the consultation and
layover requirements of this section, such action may be
proclaimed only if--
(1) the President has obtained advice regarding the
proposed action from--
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155); and
(B) the United States International Trade
Commission;
(2) the President has submitted a report to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate that sets forth--
(A) the action proposed to be proclaimed and
the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the
first day on which the requirements set forth in
paragraphs (1) and (2) have been met has expired; and
(4) the President has consulted with such Committees
regarding the proposed action during the period
referred to in paragraph (3).
(b) Effective Date of Certain Proclaimed Actions.--Any action
proclaimed by the President under the authority of this Act
that is not subject to the consultation and layover provisions
under subsection (a) may not take effect before the 15th day
after the date on which the text of the proclamation is
published in the Federal Register.
SEC. 104.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
AND INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of
enactment of this Act--
(A) the President may proclaim such actions,
and
(B) other appropriate officers of the United
States Government may issue such regulations,
as may be necessary to ensure that any provision of
this Act, or amendment made by this Act, that takes
effect on the date the Agreement enters into force is
appropriately implemented on such date, but no such
proclamation or regulation may have an effective date
earlier than the date of entry into force.
(2) Waiver of 15-day restriction.--The 15-day
restriction contained in section 103(b) on the taking
effect of proclaimed actions is waived to the extent
that the application of such restriction would prevent
the taking effect on the date the Agreement enters into
force of any action proclaimed under this section.
(b) Initial Regulations.--Initial regulations necessary or
appropriate to carry out the actions required by or authorized
under this Act or proposed in the statement of administrative
action referred to in section 101(a)(2) to implement the
Agreement shall, to the maximum extent feasible, be issued
within 1 year after the date of entry into force of the
Agreement. In the case of any implementing action that takes
effect on a date after the date of entry into force of the
Agreement, initial regulations to carry out that action shall,
to the maximum extent feasible, be issued within 1 year after
such effective date.
SEC. 105.\1\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) Establishment or Designation of Office.--The President is
authorized to establish or designate within the Department of
Commerce an office that shall be responsible for providing
administrative assistance to panels established under chapter
22 of the Agreement. The office may not be considered to be an
agency for purposes of section 552 of title 5, United States
Code.
(b) Authorization of Appropriations.--There are authorized to
be appropriated for each fiscal year after fiscal year 2003 to
the Department of Commerce such sums as may be necessary for
the establishment and operations of the office under subsection
(a) and for the payment of the United States share of the
expenses of panels established under chapter 22 of the
Agreement.
SEC. 106.\1\ ARBITRATION OF CLAIMS.
(a) Submission of Certain Claims.--The United States is
authorized to resolve any claim against the United States
covered by article 10.15(1)(a)(i)(C) or 10.15(1)(b)(i)(C) of
the Agreement, pursuant to the Investor-State Dispute
Settlement procedures set forth in section B of chapter 10 of
the Agreement.
(b) Contract Clauses.--All contracts executed by any agency
of the United States on or after the date of entry into force
of the Agreement shall contain a clause specifying the law that
will apply to resolve any breach of contract claim.
SEC. 107.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date the Agreement enters into force.
(b) Exceptions.--Sections 1 through 3 and this title take
effect on the date of the enactment of this Act.
(c) Termination of the Agreement.--On the date on which the
Agreement ceases to be in force, the provisions of this Act
(other than this subsection) and the amendments made by this
Act shall cease to be effective.
TITLE II--CUSTOMS PROVISIONS \2\
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\2\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note.
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* * * * * * *
TITLE III--RELIEF FROM IMPORTS \3\
---------------------------------------------------------------------------
\3\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note (subtitle A--relief from imports benefiting from the
agreement; subtitle B--textile and apparel safeguard measures).
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* * * * * * *
TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS \4\
---------------------------------------------------------------------------
\4\ For the most part, title IV amends other legislation.
---------------------------------------------------------------------------
* * * * * * *
(3) Andean Trade Promotion and Drug Eradication Act
Partial text of Public Law 107-210 [H.R. 3009], 116 Stat. 933, approved
May 6, 2002; as amended by Public Law 108-429 [Miscellaneous Trade and
Technical Corrections Act of 2004; H.R. 1047], 118 Stat. 2434, approved
December 3, 2004
AN ACT To extend the Andean Trade Preference Act, to grant additional
trade benefits under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION C--ANDEAN TRADE PREFERENCE ACT
TITLE XXXI--ANDEAN TRADE PREFERENCE
SEC. 3101. \1\ SHORT TITLE.
This title may be cited as the ``Andean Trade Promotion and
Drug Eradication Act''.
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\1\ 19 U.S.C. 3201 note.
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SEC. 3102.\1\ FINDINGS.
Congress makes the following findings:
(1) Since the Andean Trade Preference Act was enacted
in 1991, it has had a positive impact on United States
trade with Bolivia, Colombia, Ecuador, and Peru. Two-
way trade has doubled, with the United States serving
as the leading source of imports and leading export
market for each of the Andean beneficiary countries.
This has resulted in increased jobs and expanded export
opportunities in both the United States and the Andean
region.
(2) The Andean Trade Preference Act has been a key
element in the United States counternarcotics strategy
in the Andean region, promoting export diversification
and broad-based economic development that provides
sustainable economic alternatives to drug-crop
production, strengthening the legitimate economies of
Andean countries and creating viable alternatives to
illicit trade in coca.
(3) Notwithstanding the success of the Andean Trade
Preference Act, the Andean region remains threatened by
political and economic instability and fragility,
vulnerable to the consequences of the drug war and
fierce global competition for its legitimate trade.
(4) The continuing instability in the Andean region
poses a threat to the security interests of the United
States and the world. This problem has been partially
addressed through foreign aid, such as Plan Colombia,
enacted by Congress in 2000. However, foreign aid alone
is not sufficient. Enhancement of legitimate trade with
the United States provides an alternative means for
reviving and stabilizing the economies in the Andean
region.
(5) The Andean Trade Preference Act constitutes a
tangible commitment by the United States to the
promotion of prosperity, stability, and democracy in
the beneficiary countries.
(6) Renewal and enhancement of the Andean Trade
Preference Act will bolster the confidence of domestic
private enterprise and foreign investors in the
economic prospects of the region, ensuring that
legitimate private enterprise can be the engine of
economic development and political stability in the
region.
(7) Each of the Andean beneficiary countries is
committed to conclude negotiation of a Free Trade Area
of the Americas by the year 2005, as a means of
enhancing the economic security of the region.
(8) Temporarily enhancing trade benefits for Andean
beneficiary countries will promote the growth of free
enterprise and economic opportunity in these countries
and serve the security interests of the United States,
the region, and the world.
SEC. 3103.\2\ ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT.
---------------------------------------------------------------------------
\2\ Except for subsec. (d), sec. 3103 consists of amendments to the
Andean Trade Preference Act (Public Law 102-182), which have been
incorporated into that Act.
---------------------------------------------------------------------------
* * * * * * *
(d) \3\ Petitions for Review.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the President shall
promulgate regulations regarding the review of
eligibility of articles and countries under the Andean
Trade Preference Act, consistent with section 203(e) of
such Act, as amended by this title.
---------------------------------------------------------------------------
\3\ 19 U.S.C. 3202 note.
---------------------------------------------------------------------------
(2) Content of regulations.--The regulations shall be
similar to the regulations regarding eligibility under
the generalized system of preferences under title V of
the Trade Act of 1974 with respect to the timetable for
reviews and content, and shall include procedures for
requesting withdrawal, suspension, or limitations of
preferential duty treatment under the Andean Trade
Preference Act, conducting reviews of such requests,
and implementing the results of the reviews.
SEC. 3104. TERMINATION.
(a) \4\ * * *
---------------------------------------------------------------------------
\4\ Subsec. (a) amended sec. 208 of the Andean Trade Preference Act
(Public Law 102-182) by terminating duty-free treatment or other
preferential treatment extended under title II of that Act on December
31, 2006.
---------------------------------------------------------------------------
(b) \5\ Retroactive Application for Certain Liquidations and
Reliquidations.--
---------------------------------------------------------------------------
\5\ 19 U.S.C. 3206 note.
---------------------------------------------------------------------------
(1) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 or any other provision of law, and
subject to paragraph (3), the entry--
(A) of any article to which duty-free
treatment (or preferential treatment) under the
Andean Trade Preference Act (19 U.S.C. 3201 et
seq.) would have applied if the entry had been
made on December 4, 2001, and
(B) that was made after December 4, 2001, and
before the date of the enactment of this Act,
shall be liquidated or reliquidated as if such duty-
free treatment (or preferential treatment) applied, and
the Secretary of the Treasury shall refund any duty
paid with respect to such entry.
(2) Entry.--As used in this subsection, the term
``entry'' includes a withdrawal from warehouse for
consumption.
(3) Requests.--Liquidation or reliquidation may be
made under paragraph (1) with respect to an entry only
if a request therefor is filed with the Customs
Service, within 180 days after the date of the
enactment of this Act, that contains sufficient
information to enable the Customs Service--
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
SEC. 3105.\6\ REPORT ON FREE TRADE AGREEMENT WITH ISRAEL.
---------------------------------------------------------------------------
\6\ For text of sec. 3105, see page 1127.
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* * * * * * *
SEC. 3106.\7\ MODIFICATION OF DUTY TREATMENT FOR TUNA.
---------------------------------------------------------------------------
\7\ Sec. 3106 amended subheading 1604.14.20 of the Harmonized
Tariff Schedule of the United States.
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* * * * * * *
SEC. 3107.\8\ TRADE BENEFITS UNDER THE CARIBBEAN BASIN ECONOMIC
RECOVERY ACT.
---------------------------------------------------------------------------
\8\ Sec. 3107 amended the Caribbean Basin Economic Recovery Act
(Public Law 98-67).
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* * * * * * *
SEC. 3108.\9\ TRADE BENEFITS UNDER THE AFRICAN GROWTH AND OPPORTUNITY
ACT.
---------------------------------------------------------------------------
\9\ Sec. 3108 amended the African Growth and Opportunity Act
(Public Law 106-200).
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* * * * * * *
(4) United States-Caribbean Basin Trade Partnership Act
Partial text of Public Law 106-200 [Trade and Development Act of 2000;
H.R. 434], 114 Stat. 251, approved May 18, 2000
AN ACT To authorize a new trade and investment policy for sub-Saharan
Africa, expand trade benefits to the countries in the Caribbean Basin,
renew the generalized system of preferences, and reauthorize the trade
adjustment assistance programs.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--TRADE BENEFITS FOR CARIBBEAN BASIN
Subtitle A--Trade Policy for Caribbean Basin Countries
SEC. 201.\2\ SHORT TITLE.
---------------------------------------------------------------------------
\2\ 19 U.S.C. 2701 note.
---------------------------------------------------------------------------
This title may be cited as the ``United States-Caribbean
Basin Trade Partnership Act''.
SEC. 202.\3\ FINDINGS AND POLICY.
---------------------------------------------------------------------------
\3\ 19 U.S.C. 2701 note.
---------------------------------------------------------------------------
(a) Findings.--Congress makes the following findings:
(1) The Caribbean Basin Economic Recovery Act (in
this title referred to as ``CBERA'') represents a
permanent commitment by the United States to encourage
the development of strong democratic governments and
revitalized economies in neighboring countries in the
Caribbean Basin.
(2) In 1998, Hurricane Mitch and Hurricane Georges
devastated areas in the Caribbean Basin region, killing
more than 10,000 people and leaving 3,000,000 homeless.
(3) The total direct impact of Hurricanes Mitch and
Georges on Honduras, Nicaragua, the Dominican Republic,
El Salvador, and Guatemala amounts to $4,200,000,000,
representing a severe loss to income levels in this
underdeveloped region.
(4) In addition to short term disaster assistance,
United States policy toward the region should focus on
expanding international trade with the Caribbean Basin
region as an enduring solution for successful economic
growth and recovery.
(5) Thirty-four democratically elected leaders agreed
at the 1994 Summit of the Americas to conclude
negotiation of a Free Trade Area of the Americas (in
this title referred to as ``FTAA'') by the year 2005.
(6) The economic security of the countries in the
Caribbean Basin will be enhanced by the completion of
the FTAA.
(7) Offering temporary benefits to Caribbean Basin
countries will preserve the United States commitment to
Caribbean Basin beneficiary countries, promote the
growth of free enterprise and economic opportunity in
these neighboring countries, and thereby enhance the
national security interests of the United States.
(8) Given the greater propensity of countries located
in the Western Hemisphere to use United States
components and to purchase United States products
compared to other countries, increased trade and
economic activity between the United States and
countries in the Western Hemisphere will create new
jobs in the United States as a result of expanding
export opportunities.
(b) Policy.--It is the policy of the United States--
(1) to offer Caribbean Basin beneficiary countries
willing to prepare to become a party to the FTAA or
another free trade agreement, tariff treatment
essentially equivalent to that accorded to products of
NAFTA countries for certain products not currently
eligible for duty-free treatment under the CBERA; and
(2) to seek the participation of Caribbean Basin
beneficiary countries in the FTAA or another free trade
agreement at the earliest possible date, with the goal
of achieving full participation in such agreement not
later than 2005.
SEC. 203.\4\ DEFINITIONS.
---------------------------------------------------------------------------
\4\ 19 U.S.C. 2701 note.
---------------------------------------------------------------------------
In this title:
(1) NAFTA.--The term ``NAFTA'' means the North
American Free Trade Agreement entered into between the
United States, Mexico, and Canada on December 17, 1992.
(2) NAFTA country.--The term ``NAFTA country'' means
any country with respect to which the NAFTA is in
force.
(3) WTO and wto member.--The terms ``WTO'' and ``WTO
member'' have the meanings given those terms in section
2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).
Subtitle B--Trade Benefits for Caribbean Basin Countries
SEC. 211. TEMPORARY PROVISIONS TO PROVIDE ADDITIONAL TRADE BENEFITS TO
CERTAIN BENEFICIARY COUNTRIES.
(a) Temporary Provisions.--* * * \5\
---------------------------------------------------------------------------
\5\ Sec. 211 amended sec. 213(b) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(b)), as found on page 1031.
---------------------------------------------------------------------------
* * * * * * *
SEC. 212.\6\ DUTY-FREE TREATMENT FOR CERTAIN BEVERAGES MADE WITH
CARIBBEAN RUM.--* * *
---------------------------------------------------------------------------
\6\ Sec. 212 amended sec. 213(a) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(a)) as found on page 1029.
---------------------------------------------------------------------------
SEC. 213.\7\ MEETINGS OF TRADE MINISTERS AND USTR.
---------------------------------------------------------------------------
\7\ 19 U.S.C. 2701 note.
---------------------------------------------------------------------------
(a) Schedule of Meetings.--The President shall take the
necessary steps to convene a meeting with the trade ministers
of the CBTPA beneficiary countries in order to establish a
schedule of regular meetings, to commence as soon as is
practicable, of the trade ministers and the Trade
Representative, for the purpose set forth in subsection (b).
(b) Purpose.--The purpose of the meetings scheduled under
subsection (a) is to reach agreement between the United States
and CBTPA beneficiary countries on the likely timing and
procedures for initiating negotiations for CBTPA beneficiary
countries to enter into mutually advantageous free trade
agreements with the United States that contain provisions
comparable to those in the NAFTA and would make substantial
progress in achieving the negotiating objectives set forth in
section 108(b)(5) of Public Law 103-182 (19 U.S.C. 3317(b)(5)).
(c) Definition.--In this section, the term ``CBTPA
beneficiary country'' has the meaning given that term in
section 213(b)(5)(B) of the Caribbean Basin Economic Recovery
Act.
* * * * * * *
(5) North American Free Trade Agreement Implementation Act
Partial text of Public Law 103-182 [H.R. 3450], 107 Stat. 2057,
approved December 8, 1993; as amended by Public Law 105-206 [Internal
Revenue Service Reform and Restructuring Act of 1986; H.R. 2676], 112
Stat. 685, approved July 22, 1998
AN ACT To implement the North American Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``North
American Free Trade Agreement Implementation Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 3301 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
SEC. 2.\2\ DEFINITIONS.
For purposes of this Act:
---------------------------------------------------------------------------
\2\ 19 U.S.C. 3301.
---------------------------------------------------------------------------
(1) Agreement.--The term ``Agreement'' means the
North American Free Trade Agreement approved by the
Congress under section 101(a).
(2) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
(3) Mexico.--Any reference to Mexico shall be
considered to be a reference to the United Mexican
States.
(4) NAFTA country.--Except as provided in section
202, the term ``NAFTA country'' means--
(A) Canada for such time as the Agreement is
in force with respect to, and the United States
applies the Agreement to, Canada; and
(B) Mexico for such time as the Agreement is
in force with respect to, and the United States
applies the Agreement to, Mexico.
(5) International trade commission.--The term
``International Trade Commission'' means the United
States International Trade Commission.
(6) Trade representative.--The term ``Trade
Representative'' means the United States Trade
Representative.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE NORTH
AMERICAN FREE TRADE AGREEMENT
SEC. 101.\3\ APPROVAL AND ENTRY INTO FORCE OF THE NORTH AMERICAN FREE
TRADE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative
Action.--Pursuant to section 1103 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2903) and section 151 of
the Trade Act of 1974 (19 U.S.C. 2191), the Congress approves--
---------------------------------------------------------------------------
\3\ 19 U.S.C. 3311.
---------------------------------------------------------------------------
(1) the North American Free Trade Agreement entered
into on December 17, 1992, with the Governments of
Canada and Mexico and submitted to the Congress on
November 4, 1993; and
(2) the statement of administrative action proposed
to implement the Agreement that was submitted to the
Congress on November 4, 1993.
(b) Conditions for Entry Into Force of the Agreement.--The
President is authorized to exchange notes with the Government
of Canada or Mexico providing for the entry into force, on or
after January 1, 1994, of the Agreement for the United States
with respect to such country at such time as--
(1) the President--
(A) determines that such country has
implemented the statutory changes necessary to
bring that country into compliance with its
obligations under the Agreement and has made
provision to implement the Uniform Regulations
provided for under article 511 of the Agreement
regarding the interpretation, application, and
administration of the rules of origin, and
(B) transmits a report to the House of
Representatives and the Senate setting forth
the determination under subparagraph (A) and
including, in the case of Mexico, a description
of the specific measures taken by that country
to--
(i) bring its laws into conformity
with the requirements of the Schedule
of Mexico in Annex 1904.15 of the
Agreement, and
(ii) otherwise ensure the effective
implementation of the binational panel
review process under chapter 19 of the
Agreement regarding final antidumping
and countervailing duty determinations;
and
(2) the Government of such country exchanges notes
with the United States providing for the entry into
force of the North American Agreement on Environmental
Cooperation and the North American Agreement on Labor
Cooperation for that country and the United States.
SEC. 102.\4\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
(a) Relationship of Agreement to United States Law.--
---------------------------------------------------------------------------
\4\ 19 U.S.C. 3312.
---------------------------------------------------------------------------
(1) United states law to prevail in conflict.--No
provision of the Agreement, nor the application of any
such provision to any person or circumstance, which is
inconsistent with any law of the United States shall
have effect.
(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States, including any law regarding--
(i) the protection of human, animal,
or plant life or health,
(ii) the protection of the
environment, or
(iii) motor carrier or worker safety;
or
(B) to limit any authority conferred under
any law of the United States, including section
301 of the Trade Act of 1974;
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Federal-state consultation.--
(A) In general.--Upon the enactment of this
Act, the President shall, through the
intergovernmental policy advisory committees on
trade established under section 306(c)(2)(A) of
the Trade and Tariff Act of 1984, consult with
the States for the purpose of achieving
conformity of State laws and practices with the
Agreement.
(B) Federal-state consultation process.--The
Trade Representative shall establish within the
Office of the United States Trade
Representative a Federal-State consultation
process for addressing issues relating to the
Agreement that directly relate to, or will
potentially have a direct impact on, the
States. The Federal-State consultation process
shall include procedures under which--
(i) the Trade Representative will
assist the States in identifying those
State laws that may not conform with
the Agreement but may be maintained
under the Agreement by reason of being
in effect before the Agreement entered
into force;
(ii) the States will be informed on a
continuing basis of matters under the
Agreement that directly relate to, or
will potentially have a direct impact
on, the States;
(iii) the States will be provided
opportunity to submit, on a continuing
basis, to the Trade Representative
information and advice with respect to
matters referred to in clause (ii);
(iv) the Trade Representative will
take into account the information and
advice received from the States under
clause (iii) when formulating United
States positions regarding matters
referred to in clause (ii); and
(v) the States will be involved
(including involvement through the
inclusion of appropriate
representatives of the States) to the
greatest extent practicable at each
stage of the development of United
States positions regarding matters
referred to in clause (ii) that will be
addressed by committees, subcommittees,
or working groups established under the
Agreement or through dispute settlement
processes provided for under the
Agreement.
The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Federal-State consultation
process established by this paragraph.
(2) Legal challenge.--No State law, or the
application thereof, may be declared invalid as to any
person or circumstance on the ground that the provision
or application is inconsistent with the Agreement,
except in an action brought by the United States for
the purpose of declaring such law or application
invalid.
(3) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--
No person other than the United States--
(1) shall have any cause of action or defense under--
(A) the Agreement or by virtue of
Congressional approval thereof, or
(B) the North American Agreement on
Environmental Cooperation or the North American
Agreement on Labor Cooperation; or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State on the ground that such action or inaction
is inconsistent with the Agreement, the North American
Agreement on Environmental Cooperation, or the North
American Agreement on Labor Cooperation.
SEC. 103.\5\ CONSULTATION AND LAYOVER REQUIREMENTS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
(a) Consultation and Layover Requirements.--If a provision
of this Act provides that the implementation of an action by
the President by proclamation is subject to the consultation
and layover requirements of this section, such action may be
proclaimed only if--
---------------------------------------------------------------------------
\5\ 19 U.S.C. 3313. In a memorandum of September 29, 1995 (60 F.R.
52061), the President delegated to the U.S. Trade Representative
certain authority set forth in sec. 103(a) of this Act and sec. 115 of
the Uruguay Round Agreements Act, as follows:
``(1) obtaining advice from the appropriate advisory committees and
the U.S. International Trade Commission on the proposed implementation
of an action by Presidential proclamation;
``(2) submitting a report on such action to the House Ways and
Means and Senate Finance Committees; and
``(3) consulting with such committees during the 60-day period
following the date on which the requirements under (1) and (2) have
been met.
``The President retains the sole authority under the NAFTA Act and
Uruguay Round Act to implement an action by proclamation after the
consultation and layover requirements set forth in section 103(a)(1)
through (4) and section 115 of such Acts, respectively, have been
met.''.
---------------------------------------------------------------------------
(1) the President has obtained advice regarding the
proposed action from--
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974, and
(B) the International Trade Commission;
(2) the President has submitted a report to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate that sets forth--
(A) the action proposed to be proclaimed and
the reasons therefor, and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning with the
first day on which the President has met the
requirements of paragraphs (1) and (2) with respect to
such action, has expired; and
(4) the President has consulted with such Committees
regarding the proposed action during the period
referred to in paragraph (3).
(b) Effective Date of Certain Proclaimed Actions.--Any
action proclaimed by the President under the authority of this
Act that is not subject to the consultation and layover
requirements under subsection (a) may not take effect before
the 15th day after the date on which the text of the
proclamation is published in the Federal Register.
SEC. 104.\6\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
AND INITIAL REGULATIONS.
(a) Implementing Actions.--After the date of the enactment
of this Act--
---------------------------------------------------------------------------
\6\ 19 U.S.C. 3314.
---------------------------------------------------------------------------
(1) the President may proclaim such actions; and
(2) other appropriate officers of the United States
Government may issue such regulations;
as may be necessary to ensure that any provision of this Act,
or amendment made by this Act, that takes effect on the date
the Agreement enters into force is appropriately implemented on
such date, but no such proclamation or regulation may have an
effective date earlier than the date of entry into force. The
15-day restriction in section 103(b) on the taking effect of
proclaimed actions is waived to the extent that the application
of such restriction would prevent the taking effect on the date
the Agreement enters into force of any action proclaimed under
this section.
(b) Initial Regulations.--Initial regulations necessary or
appropriate to carry out the actions proposed in the statement
of administrative action submitted under section 101(a)(2) to
implement the Agreement shall, to the maximum extent feasible,
be issued within 1 year after the date of entry into force of
the Agreement; except that interim or initial regulations to
implement those Uniform Regulations regarding rules of origin
provided for under article 511 of the Agreement shall be issued
no later than the date of entry into force of the Agreement. In
the case of any implementing action that takes effect on a date
after the date of entry into force of the Agreement, initial
regulations to carry out that action shall, to the maximum
extent feasible, be issued within 1 year after such effective
date.
SEC. 105.\7\ UNITED STATES SECTION OF THE NAFTA SECRETARIAT.
(a) Establishment of the United States Section.--The
President is authorized to establish within any department or
agency of the United States Government a United States Section
of the Secretariat established under chapter 20 of the
Agreement. The United States Section, subject to the oversight
of the interagency group established under section 402, shall
carry out its functions within the Secretariat to facilitate
the operation of the Agreement, including the operation of
chapters 19 and 20 of the Agreement and the work of the panels,
extraordinary challenge committees, special committees, and
scientific review boards convened under those chapters. The
United States Section may not be considered to be an agency for
purposes of section 552 of title 5, United States Code.
---------------------------------------------------------------------------
\7\ 19 U.S.C. 3315.
---------------------------------------------------------------------------
(b) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal year after fiscal year 1993
to the department or agency within which the United States
Section is established the lesser of--
(1) such sums as may be necessary; or
(2) $2,000,000;
for the establishment and operations of the United States
Section and for the payment of the United States share of the
expenses of binational panels and extraordinary challenge
committees convened under chapter 19, and of the expenses
incurred in dispute settlement proceedings under chapter 20, of
the Agreement.
(c) Reimbursement of Certain Expenses.--If, in accordance
with Annex 2002.2 of the Agreement, the Canadian Section or the
Mexican Section of the Secretariat provides funds to the United
States Section during any fiscal year, as reimbursement for
expenses by the Canadian Section or the Mexican Section in
connection with settlement proceedings under chapter 19 or 20
of the Agreement, the United States Section may retain and use
such funds to carry out the functions described in subsection
(a).
SEC. 106.\8\ APPOINTMENTS TO CHAPTER 20 PANEL PROCEEDINGS.
(a) Consultation.--The Trade Representative shall consult
with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
regarding the selection and appointment of candidates for the
rosters described in article 2009 of the Agreement.
---------------------------------------------------------------------------
\8\ 19 U.S.C. 3316.
---------------------------------------------------------------------------
(b) Selection of Individuals With Environmental
Expertise.--The United States shall, to the maximum extent
practicable, encourage the selection of individuals who have
expertise and experience in environmental issues for service in
panel proceedings under chapter 20 of the Agreement to hear any
challenge to a United States or State environmental law.
SEC. 107.\9\ TERMINATION OR SUSPENSION OF UNITED STATES-CANADA FREE-
TRADE AGREEMENT. * * *
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\9\ Sec. 107 amended sec. 501(c) of the United States-Canada Free-
Trade Implementation Act of 1988 (19 U.S.C. 2112 note).
---------------------------------------------------------------------------
SEC. 108.\10\ CONGRESSIONAL INTENT REGARDING FUTURE ACCESSIONS.
(a) In General.--Section 101(a) may not be construed as
conferring Congressional approval of the entry into force of
the Agreement for the United States with respect to countries
other than Canada and Mexico.
---------------------------------------------------------------------------
\10\ 19 U.S.C. 3317.
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(b) Future Free Trade Area Negotiations.--
(1) Findings.--The Congress makes the following
findings:
(A) Efforts by the United States to obtain
greater market opening through multilateral
negotiations have not produced agreements that
fully satisfy the trade negotiating objectives
of the United States.
(B) United States trade policy should provide
for additional mechanisms with which to pursue
greater market access for United States exports
of goods and services and opportunities for
export-related investment by United States
persons.
(C) Among the additional mechanisms should be
a system of bilateral and multilateral trade
agreements that provide greater market access
for United States exports and opportunities for
export-related investment by United States
persons.
(D) The system of trade agreements can and
should be structured to be consistent with, and
complementary to, existing international
obligations of the United States and ongoing
multilateral efforts to open markets.
(2) Report on significant market opening.--No later
than May 1, 1994, and May 1, 1997, the Trade
Representative shall submit to the President, and to
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives (hereafter in this section referred to
as the ``appropriate Congressional committees''), a
report which lists those foreign countries--
(A) that--
(i) currently provide fair and
equitable market access for United
States exports of goods and services
and opportunities for export-related
investment by United States persons,
beyond what is required by existing
multilateral trade agreements or
obligations; or
(ii) have made significant progress
in opening their markets to United
States exports of goods and services
and export-related investment by United
States persons; and
(B) the further opening of whose markets has
the greatest potential to increase United
States exports of goods and services and
export-related investment by United States
persons, either directly or through the
establishment of a beneficial precedent.
(3) Presidential determination.--The President, on
the basis of the report submitted by the Trade
Representative under paragraph (2), shall determine
with which foreign country or countries, if any, the
United States should seek to negotiate a free trade
area agreement or agreements.
(4) Recommendations on future free trade area
negotiations.--No later than July 1, 1994, and July 1,
1997, the President shall submit to the appropriate
Congressional committees a written report that
contains--
(A) recommendations for free trade area
negotiations with each foreign country selected
under paragraph (3);
(B) with respect to each country selected,
the specific negotiating objectives that are
necessary to meet the objectives of the United
States under this section; and
(C) legislative proposals to ensure adequate
consultation with the Congress and the private
sector during the negotiations, advance
Congressional approval of the negotiations
recommended by the President, and Congressional
approval of any trade agreement entered into by
the President as a result of the negotiations.
(5) General negotiating objectives.--The general
negotiating objectives of the United States under this
section are to obtain--
(A) preferential treatment for United States
goods;
(B) national treatment and, where
appropriate, equivalent competitive opportunity
for United States services and foreign direct
investment by United States persons;
(C) the elimination of barriers to trade in
goods and services by United States persons
through standards, testing, labeling, and
certification requirements;
(D) nondiscriminatory government procurement
policies and practices with respect to United
States goods and services;
(E) the elimination of other barriers to
market access for United States goods and
services, and the elimination of barriers to
foreign direct investment by United States
persons;
(F) the elimination of acts, policies, and
practices which deny fair and equitable market
opportunities, including foreign government
toleration of anticompetitive business
practices by private firms or among private
firms that have the effect of restricting, on a
basis that is inconsistent with commercial
considerations, purchasing by such firms of
United States goods and services;
(G) adequate and effective protection of
intellectual property rights of United States
persons, and fair and equitable market access
for United States persons that rely upon
intellectual property protection;
(H) the elimination of foreign export and
domestic subsidies that distort international
trade in United States goods and services or
cause material injury to United States
industries;
(I) the elimination of all export taxes;
(J) the elimination of acts, policies, and
practices which constitute export targeting;
and
(K) monitoring and effective dispute
settlement mechanisms to facilitate compliance
with the matters described in subparagraphs (A)
through (J).
SEC. 109.\11\ EFFECTIVE DATES; EFFECT OF TERMINATION OF NAFTA STATUS.
(a) Effective Dates.--
---------------------------------------------------------------------------
\11\ 19 U.S.C. 3311 note.
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(1) In general.--This title (other than the amendment
made by section 107) takes effect on the date of the
enactment of this Act.
(2) Section 107 amendment.--The amendment made by
section 107 takes effect on the date the Agreement
enters into force between the United States and Canada.
(b) Termination of NAFTA Status.--During any period in
which a country ceases to be a NAFTA country, sections 101
through 106 shall cease to have effect with respect to such
country.
TITLE II--CUSTOMS PROVISIONS \12\
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\12\ Freestanding provisions in this title are codified at 19
U.S.C. 3331-3335.
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* * * * * * *
TITLE III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES \13\
---------------------------------------------------------------------------
\13\ Freestanding provisions in this title are codified at: 19
U.S.C. 3351-3382 (subtitle A--safeguards); 19 U.S.C. 3391 (subtitle B--
agriculture); 19 U.S.C. 3401 (subtitle D--temporary entry of business
persons); and 19 U.S.C. 3421 (subtitle E, part 2--agricultural
standards). Other subtitles (subtitle C--intellectual property;
subtitle E, part 1--standards and measures; subtitle F--corporate
average fuel economy; and subtitle G--government procurement) consist
mostly of amendments to other legislation.
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* * * * * * *
TITLE IV--DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY
CASES \14\
---------------------------------------------------------------------------
\14\ Freestanding provisions in this title are codified at 19
U.S.C. 3431-3438, and 3451.
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* * * * * * *
TITLE V--NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE AND OTHER PROVISIONS
* * * * * * *
Subtitle B--Provisions Relating to Performance Under the Agreement
* * * * * * *
SEC. 512.\15\ REVIEW OF THE OPERATION AND EFFECTS OF THE AGREEMENT.
(a) Study.--By not later than July 1, 1997, the President
shall provide to the Congress a comprehensive study on the
operation and effects of the Agreement. The study shall include
an assessment of the following factors:
---------------------------------------------------------------------------
\15\ 19 U.S.C. 3462.
---------------------------------------------------------------------------
(1) The net effect of the Agreement on the economy of
the United States, including with respect to the United
States gross national product, employment, balance of
trade, and current account balance.
(2) The industries (including agricultural
industries) in the United States that have
significantly increased exports to Mexico or Canada as
a result of the Agreement, or in which imports into the
United States from Mexico or Canada have increased
significantly as a result of the Agreement, and the
extent of any change in the wages, employment, or
productivity in each such industry as a result of the
Agreement.
(3) The extent to which investment in new or existing
production or other operations in the United States has
been redirected to Mexico as a result of the Agreement,
and the effect on United States employment of such
redirection.
(4) The extent of any increase in investment,
including foreign direct investment and increased
investment by United States investors, in new or
existing production or other operations in the United
States as a result of the Agreement, and the effect on
United States employment of such investment.
(5) The extent to which the Agreement has contributed
to--
(A) improvement in real wages and working
conditions in Mexico,
(B) effective enforcement of labor and
environmental laws in Mexico, and
(C) the reduction or abatement of pollution
in the region of the United States-Mexico
border.
(b) Scope.--In assessing the factors listed in subsection
(a), to the extent possible, the study shall distinguish
between the consequences of the Agreement and events that
likely would have occurred without the Agreement. In addition,
the study shall evaluate the effects of the Agreement relative
to aggregate economic changes and, to the extent possible,
relative to the effects of other factors, including--
(1) international competition,
(2) reductions in defense spending,
(3) the shift from traditional manufacturing to
knowledge and information based economic activity, and
(4) the Federal debt burden.
(c) Recommendations of the President.--The study shall
include any appropriate recommendations by the President with
respect to the operation and effects of the Agreement,
including recommendations with respect to the specific factors
listed in subsection (a).
(d) Recommendations of Certain Committees.--The President
shall provide the study to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate and any other committee that has jurisdiction over
any provision of United States law that was either enacted or
amended by the North American Free Trade Agreement
Implementation Act. Each such committee may hold hearings and
make recommendations to the President with respect to the
operation and effects of the Agreement.
* * * * * * *
SEC. 515. CENTER FOR THE STUDY OF WESTERN HEMISPHERIC TRADE.
(a) \16\ Amendment to the CBI.--* * *
---------------------------------------------------------------------------
\16\ Sec. 515(a) added a new sec. 219 to the Caribbean Basin
Economic Recovery Act, to establish the Center for the Study of Western
Hemispheric Trade.
---------------------------------------------------------------------------
(b) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for fiscal year 1994, and such
sums as may be necessary in the 3 succeeding fiscal years to
carry out the purposes of section 219 of the Caribbean Basin
Economic Recovery Act (as added by subsection (a)).
SEC. 516. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
provisions of this subtitle shall take effect on the date the
Agreement enters into force with respect to the United States.
(b) Exception.--Section 515 shall take effect on the date
of the enactment of this Act.
* * * * * * *
Subtitle D--Implementation of NAFTA Supplemental Agreements
PART 1--AGREEMENTS RELATING TO LABOR AND ENVIRONMENT
SEC. 531.\17\ AGREEMENT ON LABOR COOPERATION.
(a) Commission for Labor Cooperation.--
---------------------------------------------------------------------------
\17\ 19 U.S.C. 3471.
---------------------------------------------------------------------------
(1) Membership.--The United States is authorized to
participate in the Commission for Labor Cooperation in
accordance with the North American Agreement on Labor
Cooperation.
(2) Contributions to budget.--There are authorized to
be appropriated to the President (or such agency as the
President may designate) $2,000,000 for each of fiscal
years 1994 and 1995 for United States contributions to
the annual budget of the Commission for Labor
Cooperation pursuant to Article 47 of the North
American Agreement on Labor Cooperation. Funds
authorized to be appropriated for such contributions by
this paragraph are in addition to any funds otherwise
available for such contributions. Funds authorized to
be appropriated by this paragraph are authorized to be
made available until expended.
(b) Definitions.--As used in this section--
(1) the term ``Commission for Labor Cooperation''
means the commission established by Part Three of the
North American Agreement on Labor Cooperation; and
(2) the term ``North American Agreement on Labor
Cooperation'' means the North American Agreement on
Labor Cooperation Between the Government of the United
States of America, the Government of Canada, and the
Government of the United Mexican States (signed at
Mexico City, Washington, and Ottawa on September 8, 9,
12, and 14, 1993).
SEC. 532.\18\ AGREEMENT ON ENVIRONMENTAL COOPERATION.
(a) Commission for Environmental Cooperation.--
---------------------------------------------------------------------------
\18\ 19 U.S.C. 3472.
---------------------------------------------------------------------------
(1) Membership.--The United States is authorized to
participate in the Commission for Environmental
Cooperation in accordance with the North American
Agreement on Environmental Cooperation.
(2) Contributions to budget.--There are authorized to
be appropriated to the President (or such agency as the
President may designate) $5,000,000 for each of fiscal
years 1994 and 1995 for United States contributions to
the annual budget of the Commission for Environmental
Cooperation pursuant to Article 43 of the North
American Agreement on Environmental Cooperation. Funds
authorized to be appropriated for such contributions by
this paragraph are in addition to any funds otherwise
available for such contributions. Funds authorized to
be appropriated by this paragraph are authorized to be
made available until expended.
(b) Definitions.--As used in this section--
(1) the term ``Commission for Environmental
Cooperation'' means the commission established by Part
Three of the North American Agreement on Environmental
Cooperation; and
(2) the term ``North American Agreement on
Environmental Cooperation'' means the North American
Agreement on Environmental Cooperation Between the
Government of the United States of America, the
Government of Canada, and the Government of the United
Mexican States (signed at Mexico City, Washington, and
Ottawa on September 8, 9, 12, and 14, 1993).
SEC. 533.\19\ AGREEMENT ON BORDER ENVIRONMENT COOPERATION COMMISSION.
(a) Border Environment Cooperation Commission.--
---------------------------------------------------------------------------
\19\ 19 U.S.C. 3473.
---------------------------------------------------------------------------
(1) Membership.--The United States is authorized to
participate in the Border Environment Cooperation
Commission in accordance with the Border Environment
Cooperation Agreement.
(2) Contributions to the commission budget.--There
are authorized to be appropriated to the President (or
such agency as the President may designate) $5,000,000
for fiscal year 1994 and each fiscal year thereafter
for United States contributions to the budget of the
Border Environment Cooperation Commission pursuant to
section 7 of Article III of Chapter I of the Border
Environment Cooperation Agreement. Funds authorized to
be appropriated for such contributions by this
paragraph are in addition to any funds otherwise
available for such contributions. Funds authorized to
be appropriated by this paragraph are authorized to be
made available until expended.
(b) Civil Actions Involving the Commission.--For the
purpose of any civil action which may be brought within the
United States by or against the Border Environment Cooperation
Commission in accordance with the Border Environment
Cooperation Agreement (including an action brought to enforce
an arbitral award against the Commission), the Commission shall
be deemed to be an inhabitant of the Federal judicial district
in which its principal office within the United States, or its
agent appointed for the purpose of accepting service or notice
of service, is located. Any such action to which the Commission
is a party shall be deemed to arise under the laws of the
United States, and the district courts of the United States
(including the courts enumerated in section 460 of title 28,
United States Code) shall have original jurisdiction of any
such action. When the Commission is a defendant in any action
in a State court, it may at any time before trial remove the
action into the appropriate district court of the United States
by following the procedure for removal provided in section 1446
of title 28, United States Code.
(c) Definitions.--As used in this section--
(1) the term ``Border Environment Cooperation
Agreement'' means the November 1993 Agreement Between
the Government of the United States of America and the
Government of the United Mexican States Concerning the
Establishment of a Border Environment Cooperation
Commission and a North American Development Bank;
(2) the terms ``Border Environment Cooperation
Commission'' and ``Commission'' mean the commission
established pursuant to Chapter I of the Border
Environment Cooperation Agreement; and
(3) the term ``United States'' means the United
States, its territories and possessions, and the
Commonwealth of Puerto Rico.
PART 2--NORTH AMERICAN DEVELOPMENT BANK AND RELATED PROVISIONS \20\
---------------------------------------------------------------------------
\20\ Part 2 authorized U.S. participation in the North American
Development Bank. For text of part 2, see page 113.
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* * * * * * *
TITLE VI--CUSTOMS MODERNIZATION \21\
---------------------------------------------------------------------------
\21\ Title VI amended various sections of the Tariff Act of 1930
(19 U.S.C. 1202 et seq.) and other legislation relating to customs.
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* * * * * * *
(6) Andean Trade Preference Act
Title II of Public Law 102-182 [H.R. 1724], 105 Stat. 1233 at 1236,
approved December 4, 1991; as amended by Public Law 102-583
[International Narcotics Control Act of 1992; H.R. 6187], 106 Stat.
4914, approved November 2, 1992; Public Law 103-465 [Uruguay Round
Agreements Act; H.R. 5110], 108 Stat. 4809, approved December 8, 1994;
Public Law 104-188 [Small Job Business Protection Act of 1996; H.R.
3448], 110 Stat. 1755, approved August 20, 1996; Public Law 106-200
[Trade and Development Act of 2000; H.R. 434], 114 Stat. 251, approved
May 18, 2000; Public Law 107-210 [Andean Trade Promotion Drug
Eradication Act; H.R. 3009], 116 Stat. 933, approved August 6, 2002;
and Public Law 108-429 [Miscellaneous Trade and Technical Corrections
Act of 2004; H.R. 1047], 118 Stat. 2434, approved December 3, 2004
AN ACT To provide for the termination of the application of title IV of
the Trade Act of 1974 to Czechoslovakia and Hungary.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--TRADE PREFERENCE FOR THE ANDEAN REGION
SEC. 201.\1\ SHORT TITLE.
This title may be cited as the ``Andean Trade Preference
Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 3201 note.
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SEC. 202.\2\ AUTHORITY TO GRANT DUTY-FREE TREATMENT.
The President may proclaim duty-free treatment (or other
preferential treatment) \3\ for all eligible articles from any
beneficiary country in accordance with the provisions of this
title.
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\2\ 19 U.S.C. 3201.
\3\ Sec. 3103(c) of the Andean Trade Promotion and Drug Eradication
Act (title XXXI of Public Law 107-210; 116 Stat. 1033) inserted ``(or
other preferential treatment)''.
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SEC. 203.\4\ BENEFICIARY COUNTRY.
(a) Definitions.--For purposes of this title--
---------------------------------------------------------------------------
\4\ 19 U.S.C. 3202.
---------------------------------------------------------------------------
(1) The term ``beneficiary country'' means any
country listed in subsection (b)(1) with respect to
which there is in effect a proclamation by the
President designating such country as a beneficiary
country for purposes of this title.
(2) The term ``entered'' means entered, or withdrawn
from warehouse for consumption, in the customs
territory of the United States.
(3) The term ``HTS'' means Harmonized Tariff Schedule
of the United States.
(b) Countries Eligible for Designation; Congressional
Notification.--(1) In designating countries as beneficiary
countries under this title, the President shall consider only
the following countries or successor political entities:
Bolivia \5\
---------------------------------------------------------------------------
\5\ Presidential Proclamation 6456 of July 2, 1992 (57 F.R. 30097)
designated Bolivia as a beneficiary country for the purposes of the
Andean Trade Preference Act.
---------------------------------------------------------------------------
Ecuador \6\
---------------------------------------------------------------------------
\6\ Presidential Proclamation 6544 of April 13, 1993 (58 F.R.
19547) designated Ecuador as a beneficiary country for the purposes of
the Andean Trade Preference Act.
---------------------------------------------------------------------------
Colombia \7\
---------------------------------------------------------------------------
\7\ Presidential Proclamation 6455 of July 2, 1992 (57 F.R. 30069)
designated Colombia as a beneficiary country for the purposes of the
Andean Trade Preference Act (ATPA).
---------------------------------------------------------------------------
Peru.\8\
---------------------------------------------------------------------------
\8\ Presidential Proclamation 6585 of August 11, 1993 (58 F.R.
43239) designated Peru as a beneficiary country for the purposes of the
Andean Trade Preference Act. In a memorandum to the United States Trade
Representative of June 25, 1993 (58 F.R. 34861), however, the President
continued a review of alleged expropriation without compensation of
property of a U.S. citizen in Peru.
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(2) Before the President designates any country as a
beneficiary country for purposes of this title, he shall notify
the House of Representatives and the Senate of his intention to
make such designation, together with the considerations
entering into such decision.
(c) Limitations on Designation.--The President shall not
designate any country a beneficiary country under this title--
(1) if such country is a Communist country;
(2) if such country--
(A) has nationalized, expropriated or
otherwise seized ownership or control of
property owned by a United States citizen or by
a corporation, partnership, or association
which is 50 percent or more beneficially owned
by United States citizens,
(B) has taken steps to repudiate or nullify--
(i) any existing contract or
agreement with, or
(ii) any patent, trademark, or other
intellectual property of,
a United States citizen or a corporation,
partnership, or association, which is 50
percent or more beneficially owned by United
States citizens, the effect of which is to
nationalize, expropriate, or otherwise seize
ownership or control of property so owned, or
(C) has imposed or enforced taxes or other
exactions, restrictive maintenance or
operational conditions, or other measures with
respect to property so owned, the effect of
which is to nationalize, expropriate, or
otherwise seize ownership or control of such
property, unless the President determines
that--
(i) prompt, adequate, and effective
compensation has been or is being made
to such citizen, corporation,
partnership, or association,
(ii) good-faith negotiations to
provide prompt, adequate, and effective
compensation under the applicable
provisions of international law are in
progress, or such country is otherwise
taking steps to discharge its
obligations under international law
with respect to such citizen,
corporation, partnership, or
association, or
(iii) a dispute involving such
citizen, corporation, partnership, or
association, over compensation for such
a seizure has been submitted to
arbitration under the provisions of the
Convention for the Settlement of
Investment Disputes, or in another
mutually agreed upon forum, and
promptly furnishes a copy of such determination
to the Senate and House of Representatives;
(3) if such country fails to act in good faith in
recognizing as binding or in enforcing arbitral awards
in favor of United States citizens or a corporation,
partnership, or association which is 50 percent or more
beneficially owned by United States citizens, which
have been made by arbitrators appointed for each case
or by permanent arbitral bodies to which the parties
involved have submitted their dispute;
(4) if such country affords preferential treatment to
the products of a developed country, other than the
United States, and if such preferential treatment has,
or is likely to have, a significant adverse effect on
United States commerce, unless the President--
(A) has received assurances satisfactory to
him that such preferential treatment will be
eliminated or that action will be taken to
assure that there will be no such significant
adverse effect, and
(B) reports those assurances to the Congress;
(5) if a government-owned entity in such country
engages in the broadcast of copyrighted material,
including films or television material, belonging to
United States copyright owners without their express
consent or such country fails to work towards the
provision of adequate and effective protection of
intellectual property rights;
(6) unless such country is a signatory to a treaty,
convention, protocol, or other agreement regarding the
extradition of United States citizens; and
(7) if such country has not or is not taking steps to
afford internationally recognized worker rights (as
defined in section 507(4) \9\ of the Trade Act of 1974)
to workers in the country (including any designated
zone in that country).
---------------------------------------------------------------------------
\9\ Sec. 1954(a)(2) of Public Law 104-188 (110 Stat. 1927) struck
out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
---------------------------------------------------------------------------
Paragraphs (1), (2), (3), (5), and (7) shall not prevent the
designation of any country as a beneficiary country under this
title if the President determines that such designation will be
in the national economic or security interest of the United
States and reports such determination to the Congress with his
reasons therefor.
(d) Factors Affecting Designation.--In determining whether
to designate any country a beneficiary country under this
title, the President shall take into account--
(1) an expression by such country of its desire to be
so designated;
(2) the economic conditions in such country, the
living standards of its inhabitants, and any other
economic factors which he deems appropriate;
(3) the extent to which such country has assured the
United States it will provide equitable and reasonable
access to the markets and basic commodity resources of
such country;
(4) the degree to which such country follows the
accepted rules of international trade provided for
under the WTO Agreement and the multilateral trade
agreements (as such terms are defined in paragraphs (9)
and (4), respectively, of section 2 of the Uruguay
Round Agreements Act); \10\
---------------------------------------------------------------------------
\10\ Sec. 621(a)(3) of Public Law 103-465 (108 Stat. 4992) struck
out ``General Agreement on Tariffs and Trade, as well as applicable
trade agreements approved under section 2(a) of the Trade Agreements
Act of 1979'', and inserted in lieu thereof ``WTO Agreement and the
multilateral trade agreements (as such terms are defined in paragraphs
(9) and (4), respectively, of section 2 of the Uruguay Round Agreements
Act)''.
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(5) the degree to which such country uses export
subsidies or imposes export performance requirements or
local content requirements which distort international
trade;
(6) the degree to which the trade policies of such
country as they relate to other beneficiary countries
are contributing to the revitalization of the region;
(7) the degree to which such country is undertaking
self-help measures to protect its own economic
development;
(8) whether or not such country has taken or is
taking steps to afford to workers in that country
(including any designated zone in that country)
internationally recognized worker rights;
(9) the extent to which such country provides under
its law adequate and effective means for foreign
nationals to secure, exercise, and enforce exclusive
rights in intellectual property, including patent,
trademark, and copyright rights;
(10) the extent to which such country prohibits its
nationals from engaging in the broadcast of copyrighted
material, including films or television material,
belonging to United States copyright owners without
their express consent;
(11) whether such country has met the narcotics
cooperation certification criteria set forth in section
490 \11\ of the Foreign Assistance Act of 1961 for
eligibility for United States assistance; and
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\11\ Formerly read ``section 481(h)(2)(A)''. Sec. 6(a) of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4932) provided that ``any reference in any provision of law
enacted before the date of enactment of this Act to section 481(h) of
that Act shall be deemed, as of October 1, 1992, to be a reference to
section 490.''.
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(12) the extent to which such country is prepared to
cooperate with the United States in the administration
of the provisions of this Act.
(e) Withdrawal or Suspension of Designation.--(1)(A) \12\
The President may--
(i) \12\ withdraw or suspend the designation of any
country as a beneficiary country, or
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\12\ Sec. 3103(b) of the Andean Trade Promotion and Drug
Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1033)
redesignated subparas. (A) and (B) as clauses (i) and (ii), inserted
the subpara. designation (A) after (1), and added a new subpara. (B).
Sec. 3103(d) of the same Act provided:
``(d) Petitions for Review.--
---------------------------------------------------------------------------
``(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the President shall promulgate regulations regarding
the review of eligibility of articles and countries under the Andean Trade
Preference Act, consistent with section 203(e) of such Act, as amended by
this title.
``(2) Content of regulations.--The regulations shall be similar to the
regulations regarding eligibility under the generalized system of
preferences under title V of the Trade Act of 1974 with respect to the
timetable for reviews and content, and shall include procedures for
requesting withdrawal, suspension, or limitations of preferential duty
treatment under the Andean Trade Preference Act, conducting reviews of such
requests, and implementing the results of the reviews.''.
(ii) \12\ withdraw, suspend, or limit the application
of duty-free treatment under this title to any article
of any country, if, after such designation, the
President determines that as a result of changed
circumstances such a country should be barred from
designation as a beneficiary country.
(B) \12\ The President may, after the requirements of
paragraph (2) have been met--
(i) withdraw or suspend the designation of any
country as an ATPDEA beneficiary country, or
(ii) withdraw, suspend, or limit the application of
preferential treatment under section 204(b)(1), (3), or
(4) to any article of any country,
if, after such designation, the President determines that, as a
result of changed circumstances, the performance of such
country is not satisfactory under the criteria set forth in
section 204(b)(6)(B).
(2)(A) The President shall publish in the Federal Register
notice of the action the President proposes to take under
paragraph (1) at least 30 days before taking such action.
(B) The United States Trade Representative shall, within
the 30-day period beginning on the date on which the President
publishes under subparagraph (A) notice of proposed action--
(i) accept written comments from the public regarding
such proposed action,
(ii) hold a public hearing on such proposed action,
and
(iii) publish in the Federal Register--
(I) notice of the time and place of such
hearing prior to the hearing, and
(II) the time and place at which such written
comments will be accepted.
(f) \13\ Reporting Requirements.--
---------------------------------------------------------------------------
\13\ Sec. 3103(e) of the Andean Trade Promotion and Drug
Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1033)
amended and restated subsec. (f). Previously, sec. 211(c)(2) of Public
Law 106-200 (114 Stat. 287) had amended subsec. (f) by striking out a
triennial reporting requirement through the ninth anniversary of the
Act and substituting a reporting requirement due not later than January
31, 2001, on the operation of this title.
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(1) In general.--Not later than April 30, 2003, and
every 2 years thereafter during the period this title
is in effect, the United States Trade Representative
shall submit to the Congress a report regarding the
operation of this title, including--
(A) with respect to subsections (c) and (d),
the results of a general review of beneficiary
countries based on the considerations described
in such subsections; and
(B) the performance of each beneficiary
country or ATPEA beneficiary country, as the
case may be, under the criteria set forth in
section 204(b)(6)(B).
(2) Public comment.--Before submitting the report
described in paragraph (1), the United States Trade
Representative shall publish a notice in the Federal
Register requesting public comments on whether
beneficiary countries are meeting the criteria listed
in section 204(b)(6)(B).
SEC. 204.\14\ ELIGIBLE ARTICLES.
(a) In General.--(1) Unless otherwise excluded from
eligibility (or otherwise provided for) \15\ by this title, the
duty-free treatment (or preferential treatment) \15\ provided
under this title shall apply to any article which is the
growth, product, or manufacture of a beneficiary country if--
---------------------------------------------------------------------------
\14\ 19 U.S.C. 3203. Sec. 3001(b) of Public Law 107-206 (116 Stat.
910) provided the following:
``(b) Andean Trade Preference Act.--Any duty free or other
preferential treatment provided under the Andean Trade Preference Act
to apparel articles assembled from fabric formed in the United States
shall apply to such articles only if all dyeing, printing, and
finishing of the fabrics from which the articles are assembled if the
fabrics are knit fabrics, is carried out in the United States. Any
duty-free or other preferential treatment provided under the Andean
Trade Preference Act to apparel articles assembled from fabric formed
in the United States shall apply to such articles only if all dyeing,
printing, and finishing of the fabrics from which the articles are
assembled if the fabrics are woven fabrics, is carried out in the
United States.''.
\15\ Sec. 3103(c)(2) of the Andean Trade Promotion and Drug
Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1033)
inserted ``(or otherwise provided for)'' and ``(or preferential
treatment)'' in para. (1), and in para. (2) struck out ``subsection
(a)'' and inserted in lieu thereof ``paragraph (1)''.
---------------------------------------------------------------------------
(A) that article is imported directly from a
beneficiary country into the customs territory of the
United States; and
(B) the sum of--
(i) the cost or value of the materials
produced in a beneficiary country or 2 or more
beneficiary countries under this Act, or a
beneficiary country under the Caribbean Basin
Economic Recovery Act or 2 or more such
countries, plus
(ii) the direct costs of processing
operations performed in a beneficiary country
or countries (under this Act or the Caribbean
Basin Economic Recovery Act),
is not less than 35 percent of the appraised value of
such article at the time it is entered.
For purposes of determining the percentage referred to in
subparagraph (B), the term ``beneficiary country'' includes the
Commonwealth of Puerto Rico and the United States Virgin
Islands. If the cost or value of materials produced in the
customs territory of the United States (other than the
Commonwealth of Puerto Rico) is included with respect to an
article to which this paragraph applies, an amount not to
exceed 15 percent of the appraised value of the article at the
time it is entered that is attributed to such United States
cost or value may be applied toward determining the percentage
referred to in subparagraph (B).
(2) The Secretary of the Treasury shall prescribe such
regulations as may be necessary to carry out paragraph (1) \15\
including, but not limited to, regulations providing that, in
order to be eligible for duty-free treatment under this title,
an article must be wholly the growth, product, or manufacture
of a beneficiary country, or must be a new or different article
of commerce which has been grown, produced, or manufactured in
the beneficiary country; but no article or material of a
beneficiary country shall be eligible for such treatment by
virtue of having merely undergone--
(A) simple combining or packaging operations, or
(B) mere dilution with water or mere dilution with
another substance that does not materially alter the
characteristics of the article.
(3) As used in this subsection, the phrase ``direct costs
of processing operations'' includes, but is not limited to--
(A) all actual labor costs involved in the growth,
production, manufacture, or assembly of the specific
merchandise, including fringe benefits, on-the-job
training and the cost of engineering, supervisory,
quality control, and similar personnel; and
(B) dies, molds, tooling, and depreciation on
machinery and equipment which are allocable to the
specific merchandise.
Such phrase does not include costs which are not directly
attributable to the merchandise concerned or are not costs of
manufacturing the product, such as (i) profit, and (ii) general
expense of doing business which are either not allocable to the
specific merchandise or are not related to the growth,
production, manufacture, or assembly of the merchandise, such
as administrative salaries, casualty and liability insurance,
advertising, interest, and salesmen's salaries, commissions or
expenses.
(4) If the President, pursuant to section 223 of the
Caribbean Basin Economic Recovery Expansion Act of 1990,
considers that the implementation of revised rules of origin
for products of beneficiary countries designated under the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.)
would be appropriate, the President may include similarly
revised rules of origin for products of beneficiary countries
designated under this title in any suggested legislation
transmitted to the Congress that contains such rules of origin
for products of beneficiary countries under the Caribbean Basin
Economic Recovery Act.
(b) \16\ Exceptions and Special Rules.--
(1) Certain articles that are not import-sensitive.--
The President may proclaim duty-free treatment under
this title for any article described in subparagraph
(A), (B), (C), or (D) that is the growth, product, or
manufacture of an ATPDEA beneficiary country, that is
imported directly into the customs territory of the
United States from an ATPDEA beneficiary country, and
that meets the requirements of this section, if the
President determines that such article is not import-
sensitive in the context of imports from ATPDEA
beneficiary countries:
---------------------------------------------------------------------------
\16\ Sec. 3103(a) of the Andean Trade Promotion and Drug
Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1024)
amended and restated subsec. (b).
---------------------------------------------------------------------------
(A) Footwear not designated at the time of
the effective date of this title as eligible
for purposes of the generalized system of
preferences under title V of the Trade Act of
1974.
(B) Petroleum, or any product derived from
petroleum, provided for in headings 2709 and
2710 of the HTS.
(C) Watches and watch parts (including cases,
bracelets and straps), of whatever type
including, but not limited to, mechanical,
quartz digital or quartz analog, if such
watches or watch parts contain any material
which is the product of any country with
respect to which HTS column 2 rates of duty
apply.
(D) \17\ Handbags, luggage, flat goods, work
gloves, and leather wearing apparel that were
not designated on August 5, 1983, as eligible
articles for purposes of the generalized system
of preferences under title V of the Trade Act
of 1974.
---------------------------------------------------------------------------
\17\ Sec. 2003(a) of Public Law 108-429 (118 Stat. 2589) provided
the following:
``(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 or any other provision of law, and subject to subsection (c)--
---------------------------------------------------------------------------
``(1) with respect to any article described in section 204(b)(1)(D) of
the Andean Trade Preference Act (as amended by section 3103(a)(2) of the
Trade Act of 2002) for which the President proclaims duty free treatment
pursuant to section 204(b)(1) of the Andean Trade Preference Act, the entry
of any such article on or after August 6, 2002, and before the date on
which the President so proclaims duty free treatment for such article shall
be subject to the rate of duty applicable on August 5, 2002; and
``(2) such entries shall be liquidated or reliquidated as if the reduced
duty preferential treatment applied, and the Secretary of the Treasury
shall refund any excess duties paid with respect to such entry.''.
(2) Exclusions.--Subject to paragraph (3), duty-free
treatment under this title may not be extended to--
(A) textiles and apparel articles which were
not eligible articles for purposes of this
title on January 1, 1994, as this title was in
effect on that date;
(B) rum and tafia classified in subheading
2208.40 of the HTS;
(C) sugars, syrups, and sugar-containing
products subject to over-quota duty rates under
applicable tariff-rate quotas; or
(D) tuna prepared or preserved in any manner
in airtight containers, except as provided in
paragraph (4).
(3) Apparel articles and certain textile articles.--
(A) In general.--Apparel articles that are
imported directly into the customs territory of
the United States from an ATPDEA beneficiary
country shall enter the United States free of
duty and free of any quantitative restrictions,
limitations, or consultation levels, but only
if such articles are described in subparagraph
(B).
(B) Covered articles.--The apparel articles
referred to in subparagraph (A) are the
following:
(i) Apparel articles assembled from
products of the united states or atpdea
beneficiary countries or products not
available in commercial quantities.--
Apparel articles sewn or otherwise
assembled in 1 or more ATPDEA
beneficiary countries, or the United
States, or both, exclusively from any
one or any combination of the
following:
(I) Fabrics or fabric
components wholly formed, or
components knit-to-shape, in
the United States, from yarns
wholly formed in the United
States or 1 or more ATPDEA
beneficiary countries
(including fabrics not formed
from yarns, if such fabrics are
classifiable under heading 5602
or 5603 of the HTS and are
formed in the United States).
Apparel articles shall qualify
under this subclause only if
all dyeing, printing, and
finishing of the fabrics from
which the articles are
assembled, if the fabrics are
knit fabrics, is carried out in
the United States. Apparel
articles shall qualify under
this subclause only if all
dyeing, printing, and finishing
of the fabrics from which the
articles are assembled, if the
fabrics are woven fabrics, is
carried out in the United
States.
(II) Fabrics or fabric
components formed or components
knit-to-shape, in 1 or more
ATPDEA beneficiary countries,
from yarns wholly formed in 1
or more ATPDEA beneficiary
countries, if such fabrics
(including fabrics not formed
from yarns, if such fabrics are
classifiable under heading 5602
or 5603 of the HTS and are
formed in 1 or more ATPDEA
beneficiary countries) or
components are in chief value
of llama, alpaca, or vicuna.
(III) Fabrics or yarns, to
the extent that apparel
articles of such fabrics or
yarns would be eligible for
preferential treatment, without
regard to the source of the
fabrics or yarns, under Annex
401 of the NAFTA.
(ii) Additional fabrics.--At the
request of any interested party, the
President is authorized to proclaim
additional fabrics and yarns as
eligible for preferential treatment
under clause (i)(III) if--
(I) the President determines
that such fabrics or yarns
cannot be supplied by the
domestic industry in commercial
quantities in a timely manner;
(II) the President has
obtained advice regarding the
proposed action from the
appropriate advisory committee
established under section 135
of the Trade Act of 1974 (19
U.S.C. 2155) and the United
States International Trade
Commission;
(III) within 60 days after
the request, the President has
submitted a report to the
Committee on Ways and Means of
the House of Representatives
and the Committee on Finance of
the Senate that sets forth the
action proposed to be
proclaimed and the reasons for
such action, and the advice
obtained under subclause (II);
(IV) a period of 60 calendar
days, beginning with the first
day on which the President has
met the requirements of
subclause (III), has expired;
and
(V) the President has
consulted with such committees
regarding the proposed action
during the period referred to
in subclause (III).
(iii) Apparel articles assembled in 1
or more atpdea beneficiary countries
from regional fabrics or regional
components.--(I) Subject to the
limitation set forth in subclause (II),
apparel articles sewn or otherwise
assembled in 1 or more ATPDEA
beneficiary countries from fabrics or
from fabric components formed or from
components knit-to-shape, in 1 or more
ATPDEA beneficiary countries, from
yarns wholly formed in the United
States or 1 or more ATPDEA beneficiary
countries (including fabrics not formed
from yarns, if such fabrics are
classifiable under heading 5602 or 5603
of the HTS and are formed in 1 or more
ATPDEA beneficiary countries), whether
or not the apparel articles are also
made from any of the fabrics, fabric
components formed, or components knit-
to-shape described in clause (i)
(unless the apparel articles are made
exclusively from any of the fabrics,
fabric components formed, or components
knit-to-shape described in clause (i)).
(II) The preferential treatment
referred to in subclause (I) shall be
extended in the 1-year period beginning
October 1, 2002, and in each of the 4
succeeding 1-year periods, to imports
of apparel articles in an amount not to
exceed the applicable percentage of the
aggregate square meter equivalents of
all apparel articles imported into the
United States in the preceding 12-month
period for which data are available.
(III) For purposes of subclause (II),
the term ``applicable percentage''
means 2 percent for the 1-year period
beginning October 1, 2002, increased in
each of the 4 succeeding 1-year periods
by equal increments, so that for the
period beginning October 1, 2006, the
applicable percentage does not exceed 5
percent.
(iv) Handloomed, handmade, and
folklore articles.--A handloomed,
handmade, or folklore article of an
ATPDEA beneficiary country identified
under subparagraph (C) that is
certified as such by the competent
authority of such beneficiary country.
(v) Certain other apparel articles.--
(I) General rule.--Any
apparel article classifiable
under subheading 6212.10 of the
HTS, except for articles
entered under clause (i), (ii),
(iii), or (iv), if the article
is both cut and sewn or
otherwise assembled in the
United States, or one or more
ATPDEA beneficiary countries,
or both.
(II) Limitation.--During the
1-year period beginning on
October 1, 2003, and during
each of the 3 succeeding 1-year
periods, apparel articles
described in subclause (I) of a
producer or an entity
controlling production shall be
eligible for preferential
treatment under this paragraph
only if the aggregate cost of
fabrics (exclusive of all
findings and trimmings) formed
in the United States that are
used in the production of all
such articles of that producer
or entity that are entered and
eligible under this clause
during the preceding 1-year
period is at least 75 percent
of the aggregate declared
customs value of the fabric
(exclusive of all findings and
trimmings) contained in all
such articles of that producer
or entity that are entered and
eligible under this clause
during the preceding 1-year
period.
(III) Development of
procedure to ensure
compliance.--The United States
Customs Service shall develop
and implement methods and
procedures to ensure ongoing
compliance with the requirement
set forth in subclause (II). If
the Customs Service finds that
a producer or an entity
controlling production has not
satisfied such requirement in a
1-year period, then apparel
articles described in subclause
(I) of that producer or entity
shall be ineligible for
preferential treatment under
this paragraph during any
succeeding 1-year period until
the aggregate cost of fabrics
(exclusive of all findings and
trimmings) formed in the United
States that are used in the
production of such articles of
that producer or entity entered
during the preceding 1-year
period is at least 85 percent
of the aggregate declared
customs value of the fabric
(exclusive of all findings and
trimmings) contained in all
such articles of that producer
or entity that are entered and
eligible under this clause
during the preceding 1-year
period.
(vi) Special rules.--
(I) Exception for findings
and trimmings.--An article
otherwise eligible for
preferential treatment under
this paragraph shall not be
ineligible for such treatment
because the article contains
findings or trimmings of
foreign origin, if such
findings and trimmings do not
exceed 25 percent of the cost
of the components of the
assembled product. Examples of
findings and trimmings are
sewing thread, hooks and eyes,
snaps, buttons, ``bow buds'',
decorative lace, trim, elastic
strips, zippers, including
zipper tapes and labels, and
other similar products.
(II) Certain interlining.--
(aa) An article otherwise
eligible for preferential
treatment under this paragraph
shall not be ineligible for
such treatment because the
article contains certain
interlinings of foreign origin,
if the value of such
interlinings (and any findings
and trimmings) does not exceed
25 percent of the cost of the
components of the assembled
article.
(bb) Interlinings eligible
for the treatment described in
division (aa) include only a
chest type plate, ``hymo''
piece, or ``sleeve header'', of
woven or weft-inserted warp
knit construction and of coarse
animal hair or man-made
filaments.
(cc) The treatment described
in this subclause shall
terminate if the President
makes a determination that
United States manufacturers are
producing such interlinings in
the United States in commercial
quantities.
(III) De minimis rule.--An
article that would otherwise be
ineligible for preferential
treatment under this
subparagraph because the
article contains yarns not
wholly formed in the United
States or in one or more ATPDEA
beneficiary countries shall not
be ineligible for such
treatment if the total weight
of all such yarns is not more
than 7 percent of the total
weight of the good.
(IV) Special origin rule.--An
article otherwise eligible for
preferential treatment under
clause (i) or (iii) shall not
be ineligible for such
treatment because the article
contains nylon filament yarn
(other than elastomeric yarn)
that is classifiable under
subheading 5402.10.30,
5402.10.60, 5402.31.30,
5402.31.60, 5402.32.30,
5402.32.60, 5402.41.10,
5402.41.90, 5402.51.00, or
5402.61.00 of the HTS from a
country that is a party to an
agreement with the United
States establishing a free
trade area, which entered into
force before January 1, 1995.
(vii) Textile luggage.--Textile
luggage--
(I) assembled in an ATPDEA
beneficiary country from fabric
wholly formed and cut in the
United States, from yarns
wholly formed in the United
States, that is entered under
subheading 9802.00.80 of the
HTS; or
(II) assembled from fabric
cut in an ATPDEA beneficiary
country from fabric wholly
formed in the United States
from yarns wholly formed in the
United States.
(C) Handloomed, handmade, and folklore
articles.--For purposes of subparagraph
(B)(iv), the President shall consult with
representatives of the ATPDEA beneficiary
countries concerned for the purpose of
identifying particular textile and apparel
goods that are mutually agreed upon as being
handloomed, handmade, or folklore goods of a
kind described in section 2.3(a), (b), or (c)
of the Annex or Appendix 3.1.B.11 of the Annex.
(D) Penalties for transshipment.--
(i) Penalties for exporters.--If the
President determines, based on
sufficient evidence, that an exporter
has engaged in transshipment with
respect to apparel articles from an
ATPDEA beneficiary country, then the
President shall deny all benefits under
this title to such exporter, and any
successor of such exporter, for a
period of 2 years.
(ii) Penalties for countries.--
Whenever the President finds, based on
sufficient evidence, that transshipment
has occurred, the President shall
request that the ATPDEA beneficiary
country or countries through whose
territory the transshipment has
occurred take all necessary and
appropriate actions to prevent such
transshipment. If the President
determines that a country is not taking
such actions, the President shall
reduce the quantities of apparel
articles that may be imported into the
United States from such country by the
quantity of the transshipped articles
multiplied by 3, to the extent
consistent with the obligations of the
United States under the WTO.
(iii) Transshipment described.--
Transshipment within the meaning of
this subparagraph has occurred when
preferential treatment under
subparagraph (A) has been claimed for
an apparel article on the basis of
material false information concerning
the country of origin, manufacture,
processing, or assembly of the article
or any of its components. For purposes
of this clause, false information is
material if disclosure of the true
information would mean or would have
meant that the article is or was
ineligible for preferential treatment
under subparagraph (A).
(E) Bilateral emergency actions.--
(i) In general.--The President may
take bilateral emergency tariff actions
of a kind described in section 4 of the
Annex with respect to any apparel
article imported from an ATPDEA
beneficiary country if the application
of tariff treatment under subparagraph
(A) to such article results in
conditions that would be cause for the
taking of such actions under such
section 4 with respect to a like
article described in the same 8-digit
subheading of the HTS that is imported
from Mexico.
(ii) Rules relating to bilateral
emergency action.--For purposes of
applying bilateral emergency action
under this subparagraph--
(I) the requirements of
paragraph (5) of section 4 of
the Annex (relating to
providing compensation) shall
not apply;
(II) the term `transition
period' in section 4 of the
Annex shall mean the period
ending December 31, 2006; and
(III) the requirements to
consult specified in section 4
of the Annex shall be treated
as satisfied if the President
requests consultations with the
ATPDEA beneficiary country in
question and the country does
not agree to consult within the
time period specified under
section 4 of the Annex.
(4) Tuna.--
(A) General rule.--Tuna that is harvested by
United States vessels or ATPDEA beneficiary
country vessels, that is prepared or preserved
in any manner, in an ATPDEA beneficiary
country, in foil or other flexible airtight
containers weighing with their contents not
more than 6.8 kilograms each, and that is
imported directly into the customs territory of
the United States from an ATPDEA beneficiary
country, shall enter the United States free of
duty and free of any quantitative restrictions.
(B) Definitions.--In this paragraph--
(i) \18\ United states vessel.--A
``United States vessel'' is--
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\18\ Sec. 2004(e) of Public law 108-429 (118 Stat. 2593) amended
and restated clause (i). It previously read as follows:
``(i) United states vessel.--A `United States vessel' is a vessel
having a certificate of documentation with a fishery endorsement under
chapter 121 of title 46, United States Code.''.
---------------------------------------------------------------------------
(I) a vessel that has a
certificate of documentation
with a fishery endorsement
under chapter 121 of title 46,
United States Code; or
(II) in the case of a vessel
without a fishery endorsement,
a vessel that is documented
under the laws of the United
States and for which a license
has been issued pursuant to
section 9 of the South Pacific
Tuna Act of 1988 (16 U.S.C.
973g).
(ii) ATPDEA vessel.--An ``ATPDEA
vessel'' is a vessel--
(I) which is registered or
recorded in an ATPDEA
beneficiary country;
(II) which sails under the
flag of an ATPDEA beneficiary
country;
(III) which is at least 75
percent owned by nationals of
an ATPDEA beneficiary country
or by a company having its
principal place of business in
an ATPDEA beneficiary country,
of which the manager or
managers, chairman of the board
of directors or of the
supervisory board, and the
majority of the members of such
boards are nationals of an
ATPDEA beneficiary country and
of which, in the case of a
company, at least 50 percent of
the capital is owned by an
ATPDEA beneficiary country or
by public bodies or nationals
of an ATPDEA beneficiary
country;
(IV) of which the master and
officers are nationals of an
ATPDEA beneficiary country; and
(V) of which at least 75
percent of the crew are
nationals of an ATPDEA
beneficiary country.
(5) Customs procedures.--
(A) In general.--
(i) Regulations.--Any importer that
claims preferential treatment under
paragraph (1), (3), or (4) shall comply
with customs procedures similar in all
material respects to the requirements
of Article 502(1) of the NAFTA as
implemented pursuant to United States
law, in accordance with regulations
promulgated by the Secretary of the
Treasury.
(ii) Determination.--
(I) In general.--In order to
qualify for the preferential
treatment under paragraph (1),
(3), or (4) and for a
Certificate of Origin to be
valid with respect to any
article for which such
treatment is claimed, there
shall be in effect a
determination by the President
that each country described in
subclause (II)--
(aa) has implemented
and follows, or
(bb) is making
substantial progress
toward implementing and
following,
procedures and requirements
similar in all material
respects to the relevant
procedures and requirements
under chapter 5 of the NAFTA.
(II) Country described.--A
country is described in this
subclause if it is an ATPDEA
beneficiary country--
(aa) from which the
article is exported; or
(bb) in which
materials used in the
production of the
article originate or in
which the article or
such materials undergo
production that
contributes to a claim
that the article is
eligible for
preferential treatment
under paragraph (1),
(3), or (4).
(B) Certificate of origin.--The Certificate
of Origin that otherwise would be required
pursuant to the provisions of subparagraph (A)
shall not be required in the case of an article
imported under paragraph (1), (3), or (4) if
such Certificate of Origin would not be
required under Article 503 of the NAFTA (as
implemented pursuant to United States law), if
the article were imported from Mexico.
(C) Report on cooperation of atpdea countries
concerning circumvention.--The United States
Commissioner of Customs shall conduct a study
analyzing the extent to which each ATPDEA
beneficiary country--
(i) has cooperated fully with the
United States, consistent with its
domestic laws and procedures, in
instances of circumvention or alleged
circumvention of existing quotas on
imports of textile and apparel goods,
to establish necessary relevant facts
in the places of import, export, and,
where applicable, transshipment,
including investigation of
circumvention practices, exchanges of
documents, correspondence, reports, and
other relevant information, to the
extent such information is available;
(ii) has taken appropriate measures,
consistent with its domestic laws and
procedures, against exporters and
importers involved in instances of
false declaration concerning
quantities, description,
classification, or origin of textile
and apparel goods; and
(iii) has penalized the individuals
and entities involved in any such
circumvention, consistent with its
domestic laws and procedures, and has
worked closely to seek the cooperation
of any third country to prevent such
circumvention from taking place in that
third country.
The Commissioner of Customs shall submit to the
Congress, not later than October 1, 2003, a
report on the study conducted under this
subparagraph.
(6) Definitions.--In this subsection--
(A) Annex.--The term ``the Annex'' means
Annex 300-B of the NAFTA.
(B) ATPDEA beneficiary country.--The term
``ATPDEA beneficiary country'' means any
``beneficiary country'', as defined in section
203(a)(1) of this title, which the President
designates as an ATPDEA beneficiary country,
taking into account the criteria contained in
subsections (c) and (d) of section 203 and
other appropriate criteria, including the
following:
(i) Whether the beneficiary country
has demonstrated a commitment to--
(I) undertake its obligations
under the WTO, including those
agreements listed in section
101(d) of the Uruguay Round
Agreements Act, on or ahead of
schedule; and
(II) participate in
negotiations toward the
completion of the FTAA or
another free trade agreement.
(ii) The extent to which the country
provides protection of intellectual
property rights consistent with or
greater than the protection afforded
under the Agreement on Trade-Related
Aspects of Intellectual Property Rights
described in section 101(d)(15) of the
Uruguay Round Agreements Act.
(iii) The extent to which the country
provides internationally recognized
worker rights, including--
(I) the right of association;
(II) the right to organize
and bargain collectively;
(III) a prohibition on the
use of any form of forced or
compulsory labor;
(IV) a minimum age for the
employment of children; and
(V) acceptable conditions of
work with respect to minimum
wages, hours of work, and
occupational safety and health.
(iv) Whether the country has
implemented its commitments to
eliminate the worst forms of child
labor, as defined in section 507(6) of
the Trade Act of 1974.
(v) The extent to which the country
has met the counternarcotics
certification criteria set forth in
section 490 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291j) for
eligibility for United States
assistance.
(vi) The extent to which the country
has taken steps to become a party to
and implements the Inter-American
Convention Against Corruption.
(vii) The extent to which the
country--
(I) applies transparent,
nondiscriminatory, and
competitive procedures in
government procurement
equivalent to those contained
in the Agreement on Government
Procurement described in
section 101(d)(17) of the
Uruguay Round Agreements Act;
and
(II) contributes to efforts
in international fora to
develop and implement
international rules in
transparency in government
procurement.
(viii) The extent to which the
country has taken steps to support the
efforts of the United States to combat
terrorism.
(C) NAFTA.--The term ``NAFTA'' means the
North American Free Trade Agreement entered
into between the United States, Mexico, and
Canada on December 17, 1992.
(D) WTO.--The term ``WTO'' has the meaning
given that term in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501).
(E) ATPDEA.--The term ``ATPDEA'' means the
Andean Trade Promotion and Drug Eradication
Act.
(F) FTAA.--The term ``FTAA'' means the Free
Trade Area for the Americas.
(c) \19\ Suspension of Duty-Free Treatment.--(1) The
President may by proclamation suspend the duty-free treatment
provided by this title with respect to any eligible article and
may proclaim a duty rate for such article if such action is
proclaimed under chapter 1 of title II of the Trade Act of 1974
or section 232 of the Trade Expansion Act of 1962.
---------------------------------------------------------------------------
\19\ Sec. 3103(a) of the Andean Trade Promotion and Drug
Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1024)
deleted subsec. (c) and redesignated subsecs. (d) through (g) as
subsecs. (c) through (f).
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(2) In any report by the United States International Trade
Commission to the President under section 202(f) of the Trade
Act of 1974 regarding any article for which duty-free treatment
has been proclaimed by the President pursuant to this title,
the Commission shall state whether and to what extent its
findings and recommendations apply to such article when
imported from beneficiary countries.
(3) For purposes of section 203 of the Trade Act of 1974,
the suspension of the duty-free treatment provided by this
title shall be treated as an increase in duty.
(4) No proclamation providing solely for a suspension
referred to in paragraph (3) of this subsection with respect to
any article shall be taken under section 203 of the Trade Act
of 1974 unless the United States International Trade
Commission, in addition to making an affirmative determination
with respect to such article under section 202(b) of the Trade
Act of 1974, determines in the course of its investigation
under such section that the serious injury (or threat thereof)
substantially caused by imports to the domestic industry
producing a like or directly competitive article results from
the duty-free treatment provided by this title.
(5)(A) Any action taken under section 203 of the Trade Act
of 1974 that is in effect when duty-free treatment is
proclaimed under section 202 of this title shall remain in
effect until modified or terminated.
(B) If any article is subject to any such action at the
time duty-free treatment is proclaimed under section 202 of
this title, the President may reduce or terminate the
application of such action to the importation of such article
from beneficiary countries prior to the otherwise scheduled
date on which such reduction or termination would occur
pursuant to the criteria and procedures of section 204 of the
Trade Act of 1974.
(d) \19\ Emergency Relief With Respect to Perishable
Products.--(1) If a petition is filed with the United States
International Trade Commission pursuant to the provisions of
section 201 of the Trade Act of 1974 regarding a perishable
product and alleging injury from imports from beneficiary
countries, then the petition may also be filed with the
Secretary of Agriculture with a request that emergency relief
be granted pursuant to paragraph (3) of this subsection with
respect to such article.
(2) Within 14 days after the filing of a petition under
paragraph (1) of this subsection--
(A) if the Secretary of Agriculture has reason to
believe that a perishable product from a beneficiary
country is being imported into the United States in
such increased quantities as to be a substantial cause
of serious injury, or the threat thereof, to the
domestic industry producing a perishable product like
or directly competitive with the imported product and
that emergency action is warranted, he shall advise the
President and recommend that the President take
emergency action; or
(B) the Secretary of Agriculture shall publish a
notice of his determination not to recommend the
imposition of emergency action and so advise the
petitioner.
(3) Within 7 days after the President receives a
recommendation from the Secretary of Agriculture to take
emergency action pursuant to paragraph (2) of this subsection,
he shall issue a proclamation withdrawing the duty-free
treatment provided by this title or publish a notice of his
determination not to take emergency action.
(4) The emergency action provided by paragraph (3) of this
subsection shall cease to apply--
(A) upon the taking of action under section 203 of
the Trade Act of 1974,
(B) on the day a determination by the President not
to take action under section 203(b)(2) of such Act
becomes final,
(C) in the event of a report of the United States
International Trade Commission containing a negative
finding, on the day of the Commission's report is
submitted to the President, or
(D) whenever the President determines that because of
changed circumstances such relief is no longer
warranted.
(5) For purposes of this subsection, the term ``perishable
product' means--
(A) live plants and fresh cut flowers provided for in
chapter 6 of the HTS;
(B) fresh or chilled vegetables provided for in
headings 0701 through 0709 (except subheading
0709.52.00) and heading 0714 of the HTS;
(C) fresh fruit provided for in subheadings 0804.20
through 0810.90 (except citrons of subheadings
0805.90.00, tamarinds and kiwi fruit of subheading
0810.90.20, and cashew apples, mameyes colorados,
sapodillas, soursops and sweetsops of subheading
0810.90.40) of the HTS; or
(D) concentrated citrus fruit juice provided for in
subheadings 2009.11.00, 2009.19.40, 2009.20.40,
2009.30.20, and 2009.30.60 of the HTS.
(e) \19\ Section 22 Fees.--No proclamation issued pursuant
to this title shall affect fees imposed pursuant to section 22
of the Agricultural Adjustment Act of 1933 (7 U.S.C. 624).
(f) \20\ Tariff-Rate Quotas.--No quantity of an
agricultural product subject to a tariff-rate quota that
exceeds the in-quota quantity shall be eligible for duty-free
treatment under this Act.
---------------------------------------------------------------------------
\20\ Sec. 404(e)(2) of Public Law 103-465 (108 Stat. 4961) added
subsec. (g). Subsequently, Sec. 3103(a) of the Andean Trade Promotion
and Drug Eradication Act (title XXXI of Public Law 107-210; 116 Stat.
1024) redesignated subsec. (g) as subsec. (f).
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SEC. 205. RELATED AMENDMENTS.
(a) Increase in Duty-Free Tourist Allowance.--Note 4 to
subchapter IV of chapter 98 of the HTS is amended by inserting
before the period the following: ``or a country designated as a
beneficiary country under the Andean Trade Preference Act''.
(b) Treatment of Insular Possessions Products.--General
Note 3(a)(iv) of the HTS (relating to products of the insular
possessions) is amended by adding at the end thereof the
following:
``(E) Subject to the provisions in section 204 of the
Andean Trade Preference Act, goods which are imported
from insular possessions of the United States shall
receive duty treatment no less favorable than the
treatment afforded such goods when they are imported
from a beneficiary country under such Act.''.
SEC. 206.\21\ INTERNATIONAL TRADE COMMISSION REPORTS ON IMPACT OF THE
ANDEAN TRADE PREFERENCE ACT.
(a) Reporting Requirements.--
---------------------------------------------------------------------------
\21\ 19 U.S.C. 3204. Sec. 211(d)(2) of Public Law 106-200 (114
Stat. 287) amended subsec. (a). It previously read as follows:
``(a) In General.--The United States International Trade Commission
(hereinafter in this section referred to as the `Commission') shall
prepare, and submit to the Congress, a report regarding the economic
impact of this title on United States industries and consumers, and, in
conjunction with other agencies, the effectiveness of this title in
promoting drug-related crop eradication and crop substitution efforts
of the beneficiary countries, during--
---------------------------------------------------------------------------
``(1) the 24-month period beginning with the date of enactment of this
title; and
``(2) each calendar year occurring thereafter until duty-free treatment
under this title is terminated under section 208(b). For purposes of this
section, industries in the Commonwealth of Puerto Rico and the insular
possessions of the United States shall be considered to be United States
industries.''.
(1) In general.--The United States International
Trade Commission (in this section referred to as the
`Commission') shall submit to Congress and the
President biennial reports regarding the economic
impact of this title on United States industries and
consumers, and, in conjunction with other agencies, the
effectiveness of this title in promoting drug-related
crop eradication and crop substitution efforts of the
beneficiary countries.
(2) Submission.--During the period that this title is
in effect, the report required by paragraph (1) shall
be submitted on December 31 of each year that the
report required by section 215 of the Caribbean Basin
Economic Recovery Act is not submitted.
(3) Treatment of puerto rico, etc.--For purposes of
this section, industries in the Commonwealth of Puerto
Rico and the insular possessions of the United States
are considered to be United States industries.''.
(b) Report Requirements.--(1) Each report required under
subsection (a) shall include, but not be limited to, an
assessment by the Commission regarding--
(A) the actual effect, during the period covered by
the report, of this title on the United States economy
generally as well as on those specific domestic
industries which produce articles that are like, or
directly competitive with, articles being imported into
the United States from beneficiary countries;
(B) the probable future effect that this title will
have on the United States economy generally, as well as
on such domestic industries, before the provisions of
this title terminate; and
(C) the estimated effect that this title has had on
the drug-related crop eradication and crop substitution
efforts of the beneficiary countries.
(2) In preparing the assessments required under paragraph
(1), the Commission shall, to the extent practicable--
(A) analyze the production, trade and consumption of
United States products affected by this title, taking
into consideration employment, profit levels, and use
of productive facilities with respect to the domestic
industries concerned, and such other economic factors
in such industries as it considers relevant, including
prices, wages, sales, inventories, patterns of demand,
capital investment, obsolescence of equipment, and
diversification of production; and
(B) describe the nature and extent of any significant
change in employment, profit levels, and use of
productive facilities, and such other conditions as it
deems relevant in the domestic industries concerned,
which it believes are attributable to this title.
(c) Submission Dates; Public Comment.--(1) Each report
required under subsection (a) shall be submitted to the
Congress before the close of the 9-month period beginning on
the day after the last day of the period covered by the report.
(2) The Commission shall provide an opportunity for the
submission by the public, either orally or in writing, or both,
of information relating to matters that will be addressed in
the reports.
SEC. 207.\22\ IMPACT STUDY BY SECRETARY OF LABOR.
The Secretary of Labor, in consultation with other
appropriate Federal agencies, shall undertake a continuing
review and analysis of the impact that the implementation of
the provisions of this title has with respect to United States
labor; and shall make an annual written report to Congress on
the results of such review and analysis.
---------------------------------------------------------------------------
\22\ 19 U.S.C. 3205.
---------------------------------------------------------------------------
SEC. 208.\23\ TERMINATION OF PREFERENTIAL TREATMENT.
No duty-free treatment or other preferential treatment
extended to beneficiary countries under this title shall remain
in effect after December 31, 2006.
---------------------------------------------------------------------------
\23\ 19 U.S.C. 3206. Sec. 3104(a) of the Andean Trade Promotion and
Drug Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1034)
amended and restated sec. 208, which formerly read as follows:
---------------------------------------------------------------------------
``sec. 208. effective date and termination of duty-free treatment.
---------------------------------------------------------------------------
``(a) Effective Date.--This title shall take effect on the date of
enactment.
``(b) Termination of Duty-Free Treatment.--No duty-free treatment
extended to beneficiary countries under this title shall remain in
effect 10 years after the date of the enactment of this title.''.
In addition, sec. 3104(b) of that Act provided the following:
``(b) Retraoactive Application for Certain Liquidations and
Reliquidations.--
---------------------------------------------------------------------------
``(1) In general.--Notwithstanding section 514 of the Tariff Act of 1930
or any other provision of law, and subject to paragraph (3), the entry--
``(A) of any article to which duty-free treatment (or preferential
treatment) under the Andean Trade PreferenceAct (19 U.S.C. 3201 et seq.)
would have applied if the entry had been made on December 4, 2001, and
``(B) that was made after December 4, 2001, and before the date of the
enactment of this Act,
shall be liquidated or reliquidated as if such duty-free treatment (or
preferential treatment) applied, and the Secretary of the Treasury shall
refund any duty paid with respect to such entry.
``(2) Entry.--As used in this subsection, the term `entry' includes a
withdrawal from warehouse for consumption.
``(3) Requests.--Liquidation or reliquidation may be made under paragraph
(1) with respect to an entry only if a request therefor is filed with the
Customs Service, within 180 days after the date of the enactment of this
Act, that contains sufficient information to enable the Customs Service--
``(A) to locate the entry; or
``(B) to reconstruct the entry if it cannot be located.''.
(7) Caribbean Basin Economic Recovery Expansion Act of 1990
Title II of Public Law 101-382 [Customs and Trade Act of 1990; H.R.
1594], 104 Stat. 629 at 655, approved August 20, 1990
AN ACT To make miscellaneous and technical changes to various trade
laws.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE II--CARIBBEAN BASIN ECONOMIC RECOVERY
Subtitle A--Short Title and Findings
SEC. 201.\1\ SHORT TITLE.
This title may be cited as the ``Caribbean Basin Economic
Recovery Expansion Act of 1990''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2701 note.
---------------------------------------------------------------------------
SEC. 202.\1\ CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) a stable political and economic climate in the
Caribbean region is necessary for the development of
the countries in that region and for the security and
economic interests of the United States;
(2) the Caribbean Basin Economic Recovery Act was
enacted in 1983 to assist in the achievement of such a
climate by stimulating the development of the export
potential of the region; and
(3) the commitment of the United States to the
successful development of the region, as evidenced by
the enactment of the Caribbean Basin Economic Recovery
Act, should be reaffirmed, and further strengthened, by
amending that Act to improve its operation.
Subtitle B--Amendments to the Caribbean Basin Economic Recovery Act and
Related Provisions \2\
* * * * * * *
---------------------------------------------------------------------------
\2\ See Caribbean Basin Economic Recovery Act beginning at page
1023. This subtitle also amended the Harmonized Tariff Schedule of the
United States, Tariff Act of 1930, Steel Trade Liberalization Program
Implementation Act, Trade Act of 1974, and Internal Revenue Code of
1986.
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SEC. 216. APPLICATION OF ACT IN EASTERN CARIBBEAN AREA.
It is the sense of the Congress that there should be
undertaken special efforts in order to improve the ability of
the Organization of Eastern Caribbean States countries and
Belize to benefit from the Caribbean Basin Economic Recovery
Act.
Subtitle C--Scholarship Assistance and Tourism Promotion
SEC. 231.\3\ COOPERATIVE PUBLIC AND PRIVATE SECTOR PROGRAM FOR
PROVIDING SCHOLARSHIPS TO STUDENTS FROM THE
CARIBBEAN AND CENTRAL AMERICA.
(a) Statement of Purpose.--It is the purpose of this
section to encourage the establishment of partnerships between
State governments, universities, community colleges, and
businesses to support scholarships for talented socially and
economically disadvantaged students from eligible countries in
the Caribbean and Central America to study in the United States
in order to--
---------------------------------------------------------------------------
\3\ 20 U.S.C. 226.
---------------------------------------------------------------------------
(1) improve the diversity and quality of educational
opportunities for such students;
(2) assist the development efforts of eligible
countries by providing training and educational
assistance to persons who can help address the social
and economic needs of these countries;
(3) expand opportunities for cross-cultural studies
and exchanges and improve the exchange of understanding
and principles of democracy;
(4) promote positive and productive relationships
between the United States and its neighbor countries in
the Caribbean and Central American regions;
(5) give added visibility and focus to the
``scholarship diplomacy'' efforts of the United State
Government by leveraging the monies available for this
purpose through the development of partnerships among
Federal, State, and local governments and the business
and academic communities; and
(6) promote community involvement with the
scholarship program as a tool for broadening and
strengthening the ``American experience'' for foreign
students.
(b) Establishment of Scholarship Program.--The
Administrator of the Agency for International Development shall
establish and administer a program of scholarship assistance,
in cooperation with State governments, universities, community
colleges, and businesses, to provide scholarships to enable
countries in the Caribbean and Central America to study in the
United States.
(c) Grants to States.--In carrying out this section, the
Administrator may make grants to States to provide scholarship
assistance for undergraduate degree programs and for training
programs of one year or longer in study areas related to the
critical development needs of the students' respective
countries.
(d) Agreement With States.--The Administrator and each
participating State shall agree on a program regarding the
educational opportunities available within the State, the
selection and assignment of scholarship recipients, and related
issues. To the maximum extent practicable, each State shall be
given flexibility in designing its program.
(e) Federal Share.--The Federal share for each year for
which a State receives payments under this section shall be not
less than 50 percent.
(f) Non-Federal Share.--The non-Federal share of payments
under this section may be in cash, including the waiver of
tuition or the offering of in-State tuition or housing waivers
or subsidies, or in-kind fairly evaluated, including the
provision of books or supplies.
(g) Forgiveness of Scholarship Assistance.--The obligation
of any recipient to reimburse any entity for any or all
scholarship assistance provided under this section shall be
forgiven upon the recipient's prompt return to his or her
country of domicile for a period which is at least one year
longer than the period spent studying in the United States with
scholarship assistance.
(h) Private Sector Participation.--To the maximum extent
practicable, each participating State shall enlist the
assistance of the private sector to enable the State to meet
the non-Federal share of payments under this section. Wherever
appropriate, each participating State shall encourage the
private sector to offer internships or other opportunities
consistent with the purposes of this section to students
receiving scholarships under this section.
(i) Funding.--Any funds used in carrying out this section
shall be derived from funds allocated for Latin American and
Caribbean regional programs under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following;
relating to the economic support fund).
(j) Definitions.--As used in this section--
(1) The term ``eligible country'' means any country--
(A) which is receiving assistance under
chapter 1 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 and following;;
relating to development assistance) or chapter
4 of part II of that Act (22 U.S.C. 2346 and
following; relating to the economic support
fund); and
(B) which is designated by the President as a
beneficiary country pursuant to the Caribbean
Basin Economic Recovery Act.
(2) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands,
the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
SEC. 232. PROMOTION OF TOURISM.
(a) Congressional Finding.--The Congress finds that the
tourism industry must be recognized as a central element in the
economic development and political stability of the Caribbean
Basin region because of the potential that the industry has for
increasing employment and foreign exchange earnings,
establishing important linkages with other related sectors, and
having a positive complementary effect on trade with the United
States.
(b) Federal Agency Priority.--It is the sense of the
Congress that increased tourism and related activities should
be developed in the Caribbean Basin region as a central part of
the Caribbean Basin Initiative program and, to that end, the
appropriate agencies of the United States Government should
assign a high priority to projects that promote the tourism
industry in the Caribbean Basin.
(c) Study.--The Secretary of Commerce shall complete the
study begun in 1986 regarding tourism development strategies
for the Caribbean Basin region. The study shall include--
(1) information on the mutual benefits received by
the United States and the Caribbean Basin economies as
a result of tourist activity in the area; and
(2) proposals for developing increased linkages
between the tourism industry and local industries in
the region such as the agrobusiness.\4\
---------------------------------------------------------------------------
\4\ Should probably read ``agribusiness''.
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SEC. 233.\5\ PILOT PRECLEARANCE PROGRAM.
(a) Establishment of Program.--Subject to subsection (b),
the Commissioner of Customs shall carry out, during fiscal
years 1991 and 1992, preclearance operations at a facility of
the United States Customs Service in a country within the
Caribbean Basin which the Commissioner of Customs considers
appropriate for testing the extent to which the availability of
preclearance operations can assist in the development of
tourism.
---------------------------------------------------------------------------
\5\ 19 U.S.C. 2071 note.
---------------------------------------------------------------------------
(b) Restrictions Regarding Program.--
(1) The Commissioner of Customs may not consider a
country within the Caribbean Basin to be appropriate
for the testing referred to in subsection (a) if
preclearance operations are currently carried out by
the United States Customs Service in that country.
(2) Preclearance operations may not be commenced in
the country selected for testing under subsection (a)
unless the commissioner of Customs and the Commissioner
of Immigration and Naturalization jointly certify
that--
(A) there exists a bilateral agreement
between the United States Government and the
government of such country which protects the
interests of the United States and affords
diplomatic protection to United States
employees working at the preclearance location;
(B) the facilities at the preclearance
location conform to Federal Inspection Services
standards and are suitable for the duties to be
performed therein;
(C) there is adequate security around the
structure used for the reception of
international arrivals;
(D) the government of such country grants the
United States Customs Service and the United
States Immigration and Naturalization Service
appropriate search, seizure, and arrest
authority; and
(E) United State employees and their families
will not be subject to fear of reprisal, acts
of terrorism, and threats of intimidation.
(3) In determining the country in which to establish
the operation described in paragraph (1), the
Commission of Customs and the Commissioner of
Immigration and Naturalization shall first determine
the viability of establishing such operations in either
Aruba or Jamaica. If the Commissioners determine, after
full consultation with the governments of such
countries, that it is not viable to establish pre-
clearance operations in either Aruba or Jamaica, they
shall so report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives, including an explanation of how
this determination was reached. Such report shall be
submitted to those Committees within six months after
the date of the enactment of this Act. Following the
submission of such a report, the Commissioners shall
take all necessary steps, consistent with the
requirements of this section, to establish such
operations in another country.
(c) Report.--As soon as practicable after September 30,
1992, the Commissioner of Customs shall submit to the Congress
a report regarding the preclearance operations program carried
out under subsection (a). The report shall include--
(1) a summary of the preclearance operations,
including the number of individuals processed, any
administrative problems encountered, and cost of the
operations;
(2) an evaluation of the extent to which the
preclearance operations contributed to--
(A) the stimulation of the tourism industry
of the country concerned, and
(B) expedited customs processing at United
States ports of entry;
(3) the opinion of the Commissioner of Customs
regarding the efficacy of extending preclearance
operations to other countries within the Caribbean
Basin that are developing tourism industries, and if
the opinion is affirmative, the identity of those
countries to which such operations should be extended
and the estimated costs and results of such extensions;
and
(4) such other matters that the Commissioner of
Customs considers relevant.
Subtitle D--Miscellaneous Provisions
SEC. 241.\6\ TRADE BENEFITS FOR NICARAGUA.
Notwithstanding any other provision of law, the President
is authorized to designate Nicaragua as a beneficiary
developing country for the purposes of title V of the Trade Act
of 1974, as amended, and as a beneficiary country under the
Caribbean Basin Economic Recovery Act, and any such designation
may remain effective for the duration of the calendar year
1990.
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\6\ Presidential Proclamation 6223 of November 8, 1990 (55 F.R.
47447) designated Nicaragua as a beneficiary country for purposes of
the CBERA.
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SEC. 242. AGRICULTURAL INFRASTRUCTURE SUPPORT.
It is the sense of Congress that in order to facilitate
trade with, and the economic development of, the countries
designated as beneficiary countries under the Caribbean Basin
Economic Recovery Act, the Secretary of Agriculture should, in
consultation with the Agribusiness Promotion council,
coordinate with the Agency for International Development the
development of programs to encourage improvements in the
transportation and cargo handling infrastructure in these
countries for the purpose of improving agricultural trade
between these countries and the United States. Such programs
should focus on improving distribution of agricultural
commodities and products in these countries, and the
phytosanitary institutions, quarantine capabilities, and
pesticide regulations of these countries regarding agricultural
commodities and products.
SEC. 243.\7\ EXTENSION OF TRADE BENEFITS TO THE ANDEAN REGION.
(a) Findings.--The Congress finds that:
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\7\ See the Andean Trade Preference Act (Title II of Public Law
102-182; 105 Stat. 1236; 19 U.S.C. 3201 et seq.), beginning at page
960.
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(1) United States antinarcotics policy places a high
priority on assisting the nations of the Andean region
of South America, the source of 100 percent of the
world's supply of cocaine.
(2) The President and Congress have recognized that
United States trade and economic policies play an
important role in the overall United States antidrug
strategy in the Andes.
(3) The extension of special trade preferences for
articles from the Andean region would help revitalize
the national economies of the Andes and further United
States antinarcotics policy in the region.
(b) Sense of Congress.--The Congress urges the President
to--
(1) review the merits of extending the benefits
provided under the Caribbean Basin Economic Recovery
Act to the Andean regions; and
(2) continue to explore additional mechanisms to
expand trade opportunities for the Andean region, and
report to Congress in a regular and timely fashion on
the result of this review.
(8) United States-Canada Free-Trade Agreement Implementation Act of
1988 \1\
Partial text of Public Law 100-449 [H.R. 5090], 102 Stat. 1851,
approved September 28, 1988; as amended by Public Law 101-207 [S.
1164], 103 Stat. 1833, approved December 7, 1989; Public Law 101-382
[Customs and Trade Act of 1990; H.R. 1594], 104 Stat. 629, approved
August 20, 1990; Public Law 103-182 [North American Free Trade
Agreement Implementation Act; H.R. 3450], 107 Stat. 2057, approved
December 8, 1993; Public Law 104-66 [Federal Reports Elimination and
Sunset Act of 1995; S. 790], 109 Stat. 707, approved December 21, 1995;
and Public Law 105-206 [Internal Revenue Service Reform and
Restructuring Act of 1998; H.R. 2676], 112 Stat. 685, approved July 22,
1998
AN ACT To implement the United States-Canada Free-Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United
States-Canada Free-Trade Agreement Implementation Act of
1988''.
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\1\ 19 U.S.C. 2112 note.
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(b) Table of Contents.--* * *
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to approve and implement the Free-Trade Agreement
between the United States and Canada negotiated under
the authority of section 102 of the Trade Act of 1974;
(2) to strengthen and develop economic relations
between the United States and Canada for their mutual
benefit;
(3) to establish a free-trade area between the two
nations through the reduction and elimination of
barriers to trade in goods and services and to
investment; and
(4) to lay the foundation for further cooperation to
expand and enhance the benefits of such Agreement.
TITLE I--APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT AND
RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW
SEC. 101. APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative
Action.--Pursuant to sections 102 and 151 of the Trade Act of
1974 (19 U.S.C. 2112 and 2191), the Congress approves--
(1) the United States-Canada Free-Trade Agreement
(hereinafter in this Act referred to as the
``Agreement'') entered into on January 2, 1988, and
submitted to the Congress on July 25, 1988;
(2) the letters exchanged between the Governments of
the United States and Canada--
(A) dated January 2, 1988, relating to
negotiations regarding articles 301 (Rules of
Origin) and 401 (Tariff Elimination) of the
Agreement, and
(B) dated January 2, 1988, relating to
negotiations regarding article 2008 (Plywood
Standards) of the Agreement; and
(3) the statement of administrative action proposed
to implement the Agreement that was submitted to the
Congress on July 25, 1988.
(b) Conditions for Entry Into Force of the Agreement.--At
such time as the President determines that Canada has taken
measures necessary to comply with the obligations of the
Agreement, the President is authorized to exchange notes with
the Government of Canada providing for the entry into force, on
or after January 1, 1989, of the Agreement with respect to the
United States.
(c) Report on Canadian Practices.--Within 60 days after the
date of the enactment of this Act (but not later than December
15, 1988), the United States Trade Representative shall submit
to the Congress a report identifying, to the maximum extent
practicable, major current Canadian practices (and the legal
authority for such practices) that, in the opinion of the
United States Trade Representative--
(1) are not in conformity with the Agreement; and
(2) require a change of Canadian law, regulation,
policy, or practice to enable Canada to conform with
its international obligations under the Agreement.
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.
(a) United States Laws To Prevail in Conflict.--No provision
of the Agreement, nor the application of any such provision to
any person or circumstance, which is in conflict with any law
of the United States shall have effect.
(b) Relationship of Agreement to State and Local Law.--
(1) The provisions of the Agreement prevail over--
(A) any conflicting State law; and
(B) any conflicting application of any State
law to any person or circumstance;
to the extent of the conflict.
(2) Upon the enactment of this Act, the President
shall, in accordance with section 306(c)(2)(A) of the
Trade and Tariff Act of 1984 (19 U.S.C. 2114c),
initiate consultations with the State governments on
the implementation of the obligations of the United
States under the Agreement. Such consultations shall be
held--
(A) through the intergovernmental policy
advisory committees on trade established under
such section for the purpose of achieving
conformity of State laws and practices with the
Agreement; and
(B) with the individual States as necessary
to deal with particular questions that may
arise.
(3) The United States may bring an action challenging
any provision of State law, or the application thereof
to any person or circumstance, on the ground that the
provision or application is inconsistent with the
Agreement.
(4) For purposes of this subsection, the term ``State
law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No
person other than the United States shall--
(1) have any cause of action or defense under the
Agreement or by virtue of congressional approval
thereof, or
(2) challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State on the ground that such action or inaction
is inconsistent with the Agreement.
(d) Initial Implementing Regulations.--Initial regulations
necessary or appropriate to carry out the actions proposed in
the statement of administrative action submitted under section
101(a)(3) to implement the Agreement shall, to the maximum
extent feasible, be issued within 1 year after the date of
entry into force of the Agreement. In the case of any
implementing action that takes effect after the date of entry
into force of the Agreement, initial regulations to carry out
that action shall, to the maximum extent feasible, be issued
within 1 year after such effective date.
(e) Changes in Statutes To Implement a Requirement,
Amendment, or Recommendation.--The provisions of section 3(c)
of the Trade Agreements Act of 1979 (19 U.S.C. 2504(c)) shall
apply as if the Agreement were an agreement approved under
section 2(a) of that Act whenever the President determines that
it is necessary or appropriate to amend, repeal, or enact a
statute of the United States in order to implement any
requirement of, amendment to, or recommendation, finding or
opinion under, the Agreement; but such provisions shall not
apply to any bill to implement any such requirement, amendment,
recommendation, finding, or opinion that is submitted to the
Congress after the close of the 30th month after the month in
which the Agreement enters into force.
SEC. 103. CONSULTATION AND LAY-OVER REQUIREMENTS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
(a) \2\ Consultation and Lay-Over Requirements.--If a
provision of this Act provides that the implementation of an
action by the President by proclamation is subject to the
consultation and lay-over requirements of this section, such
action may be proclaimed only if--
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\2\ In a memorandum of February 11, 1991 (56 F.R. 6789), the
President delegated authority to the United States Trade Representative
``to perform the functions necessary to fulfill the consultation and
lay-over requirements set forth in section 103(a) (1) through (4) of
the United States-Canada Free-Trade Agreement Implementation Act of
1988''.
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(1) the President has obtained advice regarding the
proposed action from--
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974, and
(B) the United States International Trade
Commission;
(2) the President has submitted a report to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate that sets forth--
(A) the action proposed to be proclaimed and
the reasons therefor, and
(B) the advice obtained under paragraph (1);
(3) a period of at least 60 calendar days that begins
on the first day on which the President has met the
requirements of paragraphs (1) and (2) with respect to
such action has expired; and
(4) the President has consulted with such Committees
regarding the proposed action during the period
referred to in paragraph (3).
(b) Effective Date of Certain Proclaimed Actions.--No action
proclaimed by the President under the authority of this Act, if
such action is not subject to the consultation and lay-over
requirements under subsection (a), may take effect before the
15th day after the date on which the text of the proclamation
is published in the Federal Register.
SEC. 104. HARMONIZED SYSTEM.
(a) Definition.--As used in this Act, the term ``Harmonized
System'' means the nomenclature system established under the
International Convention on the Harmonized Commodity
Description and Coding System (done at Brussels on June 14,
1983, and the protocol thereto, done at Brussels on June 24,
1986) as implemented under United States law.
(b) Interim Application of TSUS.--The following apply if the
International Convention, and the protocol thereto, referred to
in subsection (a) are not implemented under United States law
before the Agreement enters into force:
(1) The President, subject to subsection (c), shall
proclaim such modifications to the Tariff Schedules of
the United States (19 U.S.C. 1202) as may be necessary
to give effect, until such time as such Convention and
protocol are so implemented, to the rules of origin,
schedule of rate reductions, and other provisions that
would, but for the absence of such implementation, be
proclaimed under the authority of this Act to, or in
terms of, the Harmonized System to implement the
obligations of the United States under the Agreement.
(2) Until such time as such Convention and protocol
are so implemented, any reference in this Act to the
nomenclature of such Convention and protocol shall be
treated as a reference to the corresponding
nomenclature of the Tariff Schedules of the United
States as modified under paragraph (1).
(c) Restrictions.--
(1) No modification described in subsection (b)(1)
that is to take effect concurrently with the entry into
force of the Agreement may be proclaimed unless the
text of the modification is published in the Federal
Register at least 30 days before the date of entry into
force.
(2) All modifications proclaimed under the authority
of subsection (b)(1) after the Agreement enters into
force with respect to the United States are subject to
the consultation and lay-over requirements of section
103(a).
SEC. 105. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE.
Subject to section 103 or 104(c), as appropriate, and any
other applicable restriction or limitation in this Act on the
proclaiming of actions or the issuing of regulations to carry
out this Act or any amendment made by this Act, after the date
of the enactment of this Act--
(1) the President may proclaim such actions; and
(2) other appropriate officers of the United States
Government may issue such regulations;
as may be necessary to ensure that any provision of this Act,
or amendment made by this Act, that takes effect on the date
the Agreement enters into force is appropriately implemented on
such date, but no such proclamation or regulation may have an
effective date earlier than the date of entry into force.
TITLE II--TARIFF MODIFICATIONS, RULES OF ORIGIN, USER FEES, DRAWBACK,
ENFORCEMENT, AND OTHER CUSTOMS PROVISIONS
SEC. 201.\3\ TARIFF MODIFICATIONS.
(a) Tariff Modifications Specified in the Agreement.--The
President may proclaim--
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\3\ In a Proclamation of May 25, 1990 (55 F.R. 21835), the
President outlined authority vested in him in the United States-Canada
Free-Trade Agreement (the Agreement) and in the United States-Canada
Free-Trade Implementation Act of 1988 (the Implementation Act), and
further provided, in part:
``2. * * * Consistent with Article 401(5) of the Agreement, the
President, through his duly empowered representative, on May 18, 1990,
entered into an agreement with the Government of Canada providing an
accelerated schedule of duty elimination for specific goods of Annexes
401.2 and 401.7 to the Agreement. * * *
``3. Pursuant to section 201(b) of the Implementation Act, I have
determined that the modifications hereinafter proclaimed of existing
duties on goods originating in the territory of Canada are necessary or
appropriate to maintain the general level of reciprocal and mutually
advantageous concessions with respect to Canada provided for by the
Agreement and to carry out the agreement with Canada providing an
accelerated schedule of duty elimination for specific goods of Annexes
401.2 and 401.7 to the Agreement.''.
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(1) such modifications or continuance of any existing
duty;
(2) such continuance of existing duty-free or excise
treatment; or
(3) such additional duties;
as the President determines to be necessary or appropriate to
carry out article 401 of the Agreement and the schedule of duty
reductions with respect to Canada set forth in Annexes 401.2
and 401.7 to the Agreement, as approved under section
101(a)(1). For purposes of proclaiming necessary modifications
under such Annex 401.2, any article covered under subheading
9813.00.05 (contained in the United States Schedule in such
Annex) shall, unless such article is a drawback eligible good
under section 204(a), be treated as being subject to any
otherwise applicable customs duty if the article, or
merchandise incorporating such article, is exported to Canada.
(b) Other Tariff Modifications.--Subject to the consultation
and lay-over requirements of section 103(a), the President may
proclaim--
(1) such modifications as the United States and
Canada may agree to regarding the staging of any duty
treatment set forth in Annexes 401.2 and 401.7 of the
Agreement;
(2) such modifications or continuance of any existing
duty;
(3) such continuance of existing duty-free or excise
treatment; or
(4) such additional duties;
as the President determines to be necessary or appropriate to
maintain the general level of reciprocal and mutually
advantageous concessions with respect to Canada provided for by
the Agreement.
(c) Modifications Affecting Plywood.--
(1) The Congress encourages the President to
facilitate the preparation, and the implementation with
Canada, of common performance standards for the use of
softwood plywood and other structural panels in
construction applications in the United States and
Canada.
(2) The President shall report to the Congress on the
incorporation of common plywood performance standards
into building codes in the United States and Canada and
may implement the provisions of article 2008 of the
Agreement when he determines that the necessary
conditions have been met.
(3) Any tariff reduction undertaken pursuant to
paragraph (2) shall be in equal annual increments
ending January 1, 1998, unless those reductions
commence after January 1, 1991.
SEC. 202. RULES OF ORIGIN.
(a) In General.--
(1) For purposes of implementing the tariff treatment
contemplated under the Agreement, goods originate in
the territory of a Party if--
(A) they are wholly obtained or produced in
the territory of either Party or both Parties;
or
(B) they--
(i) have been transformed in the
territory of either Party or both
Parties so as to be subject to a change
in tariff classification as described
in the Annex rules or to such other
requirements as the Annex rules may
provide when no change in tariff
classifications occurs, and
(ii) meet the other conditions set
out in the Annex.
(2) A good shall not be considered to originate in
the territory of a party under paragraph (1)(B) merely
by virtue of having undergone--
(A) simple packaging or, except as expressly
provided by the Annex rules, combining
operations;
(B) mere dilution with water or another
substance that does not materially alter the
characteristics of the good; or
(C) any process or work in respect of which
it is established, or in respect of which the
facts as ascertained clearly justify the
presumption, that the sole object was to
circumvent the provisions of chapter 3 of the
Agreement.
(3) Accessories, spare parts, or tools delivered with
any piece of equipment, machinery, apparatus, or
vehicle that form part of its standard equipment shall
be treated as having the same origin as that equipment,
machinery, apparatus, or vehicle if the quantities and
values of such accessories, spare parts, or tools are
customary for the equipment, machinery, apparatus, or
vehicle.
(b) Transshipment.--Goods exported from the territory of one
Party originate in the territory of that Party only if--
(1) the goods meet the applicable requirements of
subsection (a) and are shipped to the territory of the
other Party without having entered the commerce of any
third country;
(2) the goods, if shipped through the territory of a
third country, do not undergo any operation other than
unloading, reloading, or any operation necessary to
transport them to the territory of the other Party or
to preserve them in good condition; and
(3) the documents related to the exportation and
shipment of the goods from the territory of a Party
show the territory of the other Party as their final
destination.
(c) Interpretation.--In interpreting this section, the
following apply:
(1) Whenever the processing or assembly of goods in
the territory of either Party or both Parties results
in one of the changes in tariff classification
described in the Annex rules, such goods shall be
considered to have been transformed in the territory of
that Party and shall be treated as goods originating in
the territory of that Party if--
(A) such processing or assembly occurs
entirely within the territory of either Party
or both Parties; and
(B) such goods have not subsequently
undergone any processing or assembly outside
the territories of the Parties that improves
the goods in condition or advances them in
value.
(2) Whenever the assembly of goods in the territory
of a Party fails to result in a change of tariff
classification because either--
(A) the goods were imported into the
territory of the Party in an unassembled or a
disassembled form and were classified as
unassembled or disassembled goods pursuant to
General Rule of Interpretation 2(a) of the
Harmonized System; or
(B) the tariff subheading for the goods
provides for both the goods themselves and
their parts;
such goods shall not be treated as goods originating in
the territory of a Party.
(3) Notwithstanding paragraph (2), goods described in
that paragraph shall be considered to have been
transformed in the territory of a Party and be treated
as goods originating in the territory of the Party if--
(A) the value of materials originating in the
territory of either Party or both Parties used
or consumed in the production of the goods plus
the direct cost of assembling the goods in the
territory of either Party or both Parties
constitute not less than 50 percent of the
value of the goods when exported to the
territory of the other Party; and
(B) the goods have not subsequent to assembly
undergone processing or further assembly in a
third country and they meet the requirements of
subsection (b).
(4) The provisions of paragraph (3) shall not apply
to goods of chapters 61-63 of the Harmonized System.
(5) In making the determination required by paragraph
(3)(A) and in making the same or a similar
determination when required by the Annex rules, where
materials originating in the territory of either Party
or both Parties and materials obtained or produced in a
third country are used or consumed together in the
production of goods in the territory of a Party, the
value of materials originating in the territory of
either Party or both Parties may be treated as such
only to the extent that it is directly attributable to
the goods under consideration.
(6) In applying the Annex rules, a specific rule
shall take precedence over a more general rule.
(d) Annex Rules.--
(1) The President is authorized to proclaim, as a
part of the Harmonized System, the rules set forth
under the heading ``Rules'' in Annex 301.2 of the
Agreement. For purposes of carrying out this
paragraph--
(A) the phrase ``headings 2207-2209'' in
paragraph 7 of section IV of such Annex 301.2
shall be treated as a reference to headings
2203-2209; and
(B) the phrase ``any other heading'' in
paragraph 11 of section XV in such Annex 301.2
shall be treated as a reference to any other
heading of chapter 74 of the Harmonized System.
(2) Subject to the consultation and lay-over
requirements of section 103, the President is
authorized to proclaim such modifications to the rules
as may from time-to-time be agreed to by the United
States and Canada.
(e) Automotive Products.--
(1) The President is authorized to proclaim such
modifications to the definition of Canadian articles
(relating to the administration of the Automotive
Products Trade Act of 1965) in the general notes of the
Harmonized System as may be necessary to conform that
definition with chapter 3 of the Agreement.
(2) For purposes of administering the value
requirement (as defined in section 304(c)(3)) with
respect to vehicles, the Secretary of the Treasury
shall prescribe regulations governing the averaging of
the value content of vehicles of the same class, or of
sister vehicles, assembled in the same plant as an
alternative to the calculation of the value content of
each vehicle.
(f) Definitions.--For purposes of this section:
(1) The term ``Annex'' means--
(A) the interpretative guidelines set forth
in subsection (c); and
(B) the Annex rules.
(2) The term ``Annex rules'' means the rules
proclaimed under subsection (d).
(3) The term ``direct cost of processing or direct
cost of assembling'' means the costs directly incurred
in, or that can reasonably be allocated to, the
production of goods, including--
(A) the cost of all labor, including benefits
and on-the-job training, labor provided in
connection with supervision, quality control,
shipping, receiving, storage, packaging,
management at the location of the process or
assembly, and other like labor, whether
provided by employees or independent
contractors;
(B) the cost of inspecting and testing the
goods;
(C) the cost of energy, fuel, dies, molds,
tooling, and the depreciation and maintenance
of machinery and equipment, without regard to
whether they originate within the territory of
a Party;
(D) development, design, and engineering
costs;
(E) rent, mortgage interest, depreciation on
buildings, property insurance premiums,
maintenance, taxes and the cost of utilities
for real property used in the production of
goods; and
(F) royalty, licensing, or other like
payments for the right to the goods;
but not including--
(i) costs relating to the general
expense of doing business, such as the
cost of providing executive, financial,
sales, advertising, marketing,
accounting and legal services, and
insurance;
(ii) brokerage charges relating to
the importation and exportation of
goods;
(iii) the costs for telephone, mail,
and other means of communication;
(iv) packing costs for exporting the
goods;
(v) royalty payments related to a
licensing agreement to distribute or
sell the goods;
(vi) rent, mortgage interest,
depreciation on buildings, property
insurance premiums, maintenance, taxes,
and the cost of utilities for real
property used by personnel charged with
administrative functions; or
(vii) profit on the goods.
(4) The term ``goods wholly obtained or produced in
the territory of either Party or both Parties'' means--
(A) mineral goods extracted in the territory
of either Party or both Parties;
(B) goods harvested in the territory of
either Party or both Parties;
(C) live animals born and raised in the
territory of either Party or both Parties;
(D) goods (fish, shellfish, and other marine
life) taken from the sea by vessels registered
or recorded with a Party and flying its flag;
(E) goods produced on board factory ships
from the goods referred to in subparagraph (D)
provided such factory ships are registered or
recorded with that Party and fly its flag;
(F) goods taken by a Party or a person of a
Party from the seabed or beneath the seabed
outside territorial waters, provided that Party
has rights to exploit such seabed;
(G) goods taken from space, provided they are
obtained by a Party or a person of a Party and
not processed in a third country;
(H) waste and scrap derived from
manufacturing operations and used goods,
provided they were collected in the territory
of either Party or both Parties and are fit
only for the recovery of raw materials; and
(I) goods produced in the territory of either
Party or both Parties exclusively from goods
referred to in subparagraphs (A) to (H)
inclusive or from their derivatives, at any
stage of production.
(5) The term ``materials'' means goods, other than
those included as part of the direct cost of processing
or assembling, used or consumed in the production of
other goods.
(6) The term ``Party'' means Canada or the United
States.
(7) The term ``territory'' means--
(A) with respect to Canada, the territory to
which its customs laws apply, including any
areas beyond the territorial seas of Canada
within which, in accordance with international
law and its domestic laws, Canada may exercise
rights with respect to the seabed and subsoil
and their natural resources; and
(B) with respect to the United States--
(i) the customs territory of the
United States, which includes the fifty
States, the District of Columbia and
the Commonwealth of Puerto Rico,
(ii) the foreign trade zones located
in the United States, and the
Commonwealth of Puerto Rico, and
(iii) any area beyond the territorial
seas of the United States within which,
in accordance with international law
and its domestic laws, the United
States may exercise rights with respect
to the seabed and subsoil and their
natural resources.
(8) The term ``third country'' means any country
other than Canada or the United States or any territory
not a part of the territory of either.
(9) The term ``value of materials originating in the
territory of either Party or both Parties'' means the
aggregate of--
(A) the price paid by the producer of an
exported good for materials originating in the
territory of either Party or both Parties or
for materials imported from a third country
used or consumed in the production of such
originating materials; and
(B) when not included in that price, the
following costs related thereto--
(i) freight, insurance, packing, and
all other costs incurred in
transporting any of the materials
referred to in subparagraph (A) to the
location of the producer;
(ii) duties, taxes, and brokerage
fees on such materials paid in the
territory of either Party or both
Parties;
(iii) the cost of waste or spoilage
resulting from the use or consumption
of such materials, less the value of
renewable scrap or byproduct; and
(iv) the value of goods and services
relating to such materials determined
in accordance with subparagraph 1(b) of
article 8 of the Agreement on
Implementation of article VII of the
General Agreement on Tariffs and Trade.
(10) The term ``value of the goods when exported to
the territory of the other Party'' means the aggregate
of--
(A) the price paid by the producer for all
materials, whether or not the materials
originate in either Party or both Parties, and,
when not included in the price paid for the
materials, the costs related to--
(i) freight, insurance, packing, and
all other costs incurred in
transporting all materials to the
location of the producer;
(ii) duties, taxes, and brokerage
fees on all materials paid in the
territory of either Party or both
Parties;
(iii) the cost of waste or spoilage
resulting from the use or consumption
of such materials, less the value of
renewable scrap or byproduct; and
(iv) the value of goods and services
relating to all materials determined in
accordance with subparagraph 1(b) of
article 8 of the Agreement on
Implementation of article VII of the
General Agreement on Tariffs and Trade;
and
(B) the direct cost of processing or the
direct cost of assembling the goods.
(g) Special Provision Regarding Application of Rules of
Origin to Certain Apparel.--The Secretary of Commerce is
authorized to issue regulations governing the exportation to
Canada of apparel products that are cut, or knit to shape, and
sewn, or otherwise assembled, in either Party from fabric
produced or obtained in a third country for the purpose of
establishing which exports of such products shall be permitted
to claim preferential tariff treatment under the rules of
origin of the Agreement, to the extent that the Agreement
provides for quantitative limits on the availability of
preferential tariff treatment for such products.
SEC. 203. * * *
SEC. 204. DRAWBACK.
(a) Definition.--For purposes of this section, the term
``drawback eligible goods'' means--
(1) goods provided for under paragraph 8 of article
404 of the Agreement;
(2) goods provided for under paragraphs 4 and 5 of
such article; and
(3) goods other than those referred to in paragraphs
(1) and (2) that the United States and Canada agree are
not subject to paragraphs 1, 2, and 3 of such article.
No drawback may be paid with respect to countervailing duties
or antidumping duties imposed on drawback eligible goods.
(b) Implementation of Article 404.--The President is
authorized--
(1) to proclaim the identity, in accordance with the
nomenclature of the Harmonized System, of goods
referred to in subsection (a)(1); and
(2) subject to the consultation and lay-over
requirements of section 103(a), to proclaim--
(A) the identity, in accordance with the
nomenclature of the Harmonized System, of goods
referred to in subsection (a)(3); and
(B) a delay in the taking effect of article
404 of the Agreement to a date later than
January 1, 1994, with respect to any
merchandise if the United States and Canada
agree to the delay under paragraph 7 of such
article.
(c) * * *
SEC. 205. ENFORCEMENT.
(a) Certifications of Origin.--
(1) Any person that certifies in writing that goods
exported to Canada meet the rules of origin under
section 202 of the United States-Canada Free-Trade
Agreement Implementation Act of 1988 shall provide,
upon request by any customs official, a copy of that
certification.
(2) Any person that fails to provide a copy of a
certification requested under paragraph (1) shall be
liable to the United States for a civil penalty not to
exceed $10,000.
(3) Any person that certifies falsely that goods
exported to Canada meet the rules of origin under such
section 202 shall be liable to the United States for
the same civil penalties provided under section 592 of
the Tariff Act of 1930 (19 U.S.C. 1592) for a violation
of section 592(a) of such Act by fraud, gross
negligence, or negligence, as the case may be. The
procedures and provisions of section 592 of such Act
that are applicable to a violation under section 592(a)
of such Act shall apply with respect to such false
certification.
(b) * * *
SEC. 206. * * *
SEC. 207. PRODUCTION-BASED DUTY REMISSION PROGRAMS WITH RESPECT TO
AUTOMOTIVE PRODUCTS.
(a) USTR Study.--The United States Trade Representative
shall--
(1) undertake a study to determine whether any of the
production-based duty remission programs of Canada with
respect to automotive products is either--
(A) inconsistent with the provisions of, or
otherwise denies the benefits to the United
States under, the General Agreement on Tariffs
and Trade, or
(B) being implemented inconsistently with the
obligations under article 1002 of the Agreement
not--
(i) to expand the extent or the
application, or
(ii) to extend the duration,
of such programs; and
(2) determine whether to initiate an investigation
under section 302 of the Trade Act of 1974 with respect
to any of such production-based duty remission
programs.
(b) Report and Monitoring.--
(1) The United States Trade Representative shall
submit a report to Congress no later than June 30, 1989
(or no later than September 30, 1989, if the Trade
Representative considers an extension to be necessary)
containing--
(A) the results of the study under subsection
(a)(1), as well as a description of the basis
used for measuring and verifying compliance
with the obligations referred to in subsection
(a)(1)(B); and
(B) any determination made under subsection
(a)(2) and the reasons therefor.
(2) Notwithstanding the submission of the report
under paragraph (1), the Trade Representative shall
continue to monitor the degree of compliance with the
obligations referred to in subsection (a)(1)(B).
TITLE III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES
SEC. 301. AGRICULTURE.
(a) Special Tariff Provisions for Fresh Fruits and
Vegetables.--
(1) The Secretary of Agriculture (hereafter in this
section referred to as the ``Secretary'') may recommend
to the President the imposition of a temporary duty on
any Canadian fresh fruit or vegetable entered into the
United States if the Secretary determines that both of
the following conditions exist at the time that
imposition of the duty is recommended:
(A) For each of 5 consecutive working days
the import price of the Canadian fresh fruit or
vegetable is below 90 percent of the
corresponding 5-year average monthly import
price for such fruit or vegetable.
(B) The planted acreage in the United States
for the like fresh fruit or vegetable is no
higher than the average planted acreage over
the preceding 5 years, excluding the years with
the highest and lowest acreage. For the
purposes of applying this subparagraph, any
acreage increase attributed directly to a
reduction in the acreage that was planted to
wine grapes as of October 4, 1987, shall be
excluded.
Whenever the Secretary makes a determination that the
conditions referred to in subparagraphs (A) and (B)
regarding any Canadian fresh fruit or vegetable exist,
the Secretary shall immediately \4\ submit for
publication in the Federal Register notice of the
determination.
---------------------------------------------------------------------------
\4\ Sec. 308(a)(1) of the North American Free Trade Agreement
Implementation Act (Public Law 103-182; 107 Stat. 2104) struck out
``promptly'' and inserted in lieu thereof ``immediately''.
---------------------------------------------------------------------------
(2) \5\ No later than 6 days after publication in the
Federal Register of the notice described in paragraph
(1), the Secretary shall decide whether to recommend
the imposition of a temporary duty to the President,
and if the Secretary decides to make such a
recommendation, the recommendation shall be forwarded
immediately to the President.
---------------------------------------------------------------------------
\5\ Sec. 308(a)(2) and (3) of the North American Free Trade
Agreement Implementation Act (Public Law 103-182; 107 Stat. 2104)
redesignated former paras. (2) through (9) as (3) through (10), and
inserted a new para. (2).
---------------------------------------------------------------------------
(3) \5\ In determining whether to recommend the
imposition of a temporary duty to the President under
paragraph (1), the Secretary shall consider whether the
conditions in subparagraphs (A) and (B) of such
paragraph have led to a distortion in trade between the
United States and Canada of the fresh fruit or
vegetable and, if so, whether the imposition of the
duty is appropriate, including consideration of whether
it would significantly correct this distortion.
(4) \5\ Not later than 7 days after receipt of a
recommendation of the Secretary under paragraph (1),
the President, after taking into account the national
economic interests of the United States, shall
determine whether to impose a temporary duty on the
Canadian fresh fruit or vegetable concerned. If the
determination is affirmative, the President shall
proclaim the imposition and the rate of the temporary
duty, but such duty shall not apply to the entry of
articles that were in transit to the United States on
the first day on which the temporary duty is in effect.
(5) \5\ A temporary duty imposed under paragraph (4)
\6\ shall cease to apply with respect to articles that
are entered on or after the earlier of--
---------------------------------------------------------------------------
\6\ Sec. 308(a)(4) of the North American Free Trade Agreement
Implementation Act (Public Law 103-182; 107 Stat. 2104) struck out
``paragraph (3)'' and inserted in lieu thereof ``paragraph (4)''.
---------------------------------------------------------------------------
(A) the day following the last of 5
consecutive working days with respect to which
the Secretary determines that the point of
shipment price in Canada for the Canadian fruit
or vegetable concerned exceeds 90 percent of
the corresponding 5-year average monthly import
price; or
(B) the 180th day after the date on which the
temporary duty first took effect.
(6) \5\ No temporary duty may be imposed under this
subsection on a Canadian fresh fruit or vegetable
during such time as import relief is provided with
respect to such fresh fruit or vegetable under chapter
1 of title II of the Trade Act of 1974.
(7) \5\ For purposes of this subsection:
(A) The term ``Canadian fresh fruit or
vegetable'' means any article originating in
Canada (as determined in accordance with
section 202) and classified within any of the
following headings of the Harmonized System:
(i) 07.01 (relating to potatoes,
fresh or chilled);
(ii) 07.02 (relating to tomatoes,
fresh or chilled);
(iii) 07.03 (relating to onions,
shallots, garlic, leeks and other
alliaceous vegetables, fresh or
chilled);
(iv) 07.04 (relating to cabbages,
cauliflowers, kohlrabi, kale and
similar edible brassicas, fresh or
chilled);
(v) 07.05 (relating to lettuce
(lactuca sativa) and chicory (cichorium
spp.), fresh or chilled);
(vi) 07.06 (relating to carrots,
salad beets or beetroot, salsify,
celeriac, radishes and similar edible
roots (excluding turnips), fresh or
chilled);
(vii) 07.07 (relating to cucumbers
and gherkins, fresh or chilled);
(viii) 07.08 (relating to leguminous
vegetables, shelled or unshelled, fresh
or chilled);
(ix) 07.09 (relating to other
vegetables (excluding truffles), fresh
or chilled);
(x) 08.06.10 (relating to grapes,
fresh);
(xi) 08.08.20 (relating to pears and
quinces, fresh);
(xii) 08.09 (relating to apricots,
cherries, peaches (including
nectarines), plums and sloes, fresh);
and
(xiii) 08.10 (relating to other fruit
(excluding cranberries and
blueberries), fresh).
(B) The term ``corresponding 5-year average
monthly import price'' for a particular day
means the average import price of a Canadian
fresh fruit or vegetable, for the calendar
month in which that day occurs, for that month
in each of the preceding 5 years, excluding the
years with the highest and lowest monthly
averages.
(C) The term ``import price'' has the meaning
given such term in article 711 of the
Agreement.
(D) The rate of a temporary duty imposed
under this subsection with respect to a
Canadian fresh fruit or vegetable means a rate
that, including the rate of any other duty in
effect for such fruit or vegetable, does not
exceed the lesser of--
(i) the duty that was in effect for
the fresh fruit or vegetable before
January 1, 1989, under column one of
the Tariff Schedules of the United
States for the applicable season in
which the temporary duty is applied; or
(ii) the duty in effect for the fresh
fruit or vegetable under column one of
such Schedules, or column 1 (General)
of the Harmonized System, at the time
the temporary duty is applied.
(8) \5\ (A) The Secretary shall, to the extent
practicable, administer the provisions of this
subsection to the 8-digit level of classification under
the Harmonized System.
(B) The Secretary may issue such regulations as may
be necessary to implement the provisions of this
subsection.
(9) \5\, \7\ For purposes of assisting the
Secretary in carrying out this subsection--
---------------------------------------------------------------------------
\7\ Para. (9), as redesignated, was amended and restated by sec.
308(a)(5) of the North American Free Trade Agreement Implementation Act
(Public Law 103-182; 107 Stat. 2104).
---------------------------------------------------------------------------
(A) the Commissioner of Customs and the
Director of the Bureau of Census shall
cooperate in providing the Secretary with
timely information and data relating to the
importation of Canadian fresh fruits and
vegetables, and
(B) importers shall report such information
relating to Canadian fresh fruits and
vegetables to the Commissioner of Customs at
such time and in such manner as the
Commissioner requires.
(10) \5\ The authority to impose temporary duties
under this subsection expires on the 20th anniversary
of the date on which the Agreement enters into force.
* * * * * * *
SEC. 302. RELIEF FROM IMPORTS.
(a) Relief From Imports of Canadian Articles.--
(1) A petition requesting action under this section
for the purpose of adjusting to the obligations of the
United States under the Agreement may be filed with the
United States International Trade Commission (hereafter
in this section referred to as the ``Commission'') by
an entity, including a trade association, firm,
certified or recognized union, or group of workers,
which is representative of an industry. The Commission
shall transmit a copy of any petition filed under this
paragraph to the United States Trade Representative.
(2)(A) Upon the filing of a petition under paragraph
(1), the Commission shall promptly initiate an
investigation to determine whether, as a result of a
reduction or elimination of a duty provided for under
the United States-Canada Free-Trade Agreement, an
article originating in Canada is being imported into
the United States in such increased quantities, in
absolute terms, and under such conditions, so that
imports of such Canadian article, alone, constitute a
substantial cause of serious injury to the domestic
industry producing an article like, or directly
competitive with, the imported article.
(B) The provisions of--
(i) paragraphs (2), (3), (4), (6), and (7) of
subsection (b), other than paragraph (2)(B),
and
(ii) subsection (c),
of section 201 of the Trade Act of 1974 (19 U.S.C.
2251), as in effect on June 1, 1988, shall apply with
respect to any investigation initiated under
subparagraph (A).
(C) By no later than the date that is 120 days after
the date on which an investigation is initiated under
subparagraph (A), the Commission shall make a
determination under subparagraph (A) with respect to
such investigation.
(D) If the determination made by the Commission under
subparagraph (A) with respect to imports of an article
is affirmative, the Commission shall find and recommend
to the President the amount of import relief that is
necessary to remedy the injury found by the Commission
in such affirmative determination, which shall be
limited to that set forth in paragraph (3)(C).
(E)(i) By no later than the date that is 30 days
after the date on which a determination is made under
subparagraph (A) with respect to an investigation, the
Commission shall submit to the President a report on
the determination and the basis for the determination.
The report shall include any dissenting or separate
views and a transcript of the hearings and any briefs
which were submitted to the Commission in the course of
the investigation initiated under subparagraph (A).
(ii) Any finding made under subparagraph (D) shall be
included in the report submitted to the President under
clause (i).
(F) Upon submitting a report to the President under
subparagraph (E), the Commission shall promptly make
public such report (with the exception of information
which the Commission determines to be confidential) and
shall cause a summary thereof to be published in the
Federal Register.
(G) For purposes of this subsection--
(i) The provisions of paragraphs (1), (2),
and (3) of section 330(d) of the Tariff Act of
1930 (19 U.S.C. 1330(d)) shall be applied with
respect to determinations and findings made
under this paragraph as if such determinations
and findings were made under section 201 of the
Trade Act of 1974 (19 U.S.C. 2251).
(ii) The determination of whether an article
originates in Canada shall be made in
accordance with section 202 (including any
proclamations issued under section 202).
(3)(A) By no later than the date that is 30 days
after the date on which the President receives the
report of the Commission containing an affirmative
determination made by the Commission under paragraph
(2)(A), the President shall provide relief from imports
of the article originating in Canada that is the
subject of such determination to the extent that, and
for such time (not to exceed 3 years) as the President
determines to be necessary to remedy the injury found
by the Commission.
(B) The President is not required to provide import
relief by reason of this paragraph if the President
determines that the provision of such import relief is
not in the national economic interest.
(C) The import relief that the President is
authorized to provide by reason of this paragraph with
respect to an article originating in Canada is limited
to--
(i) the suspension of any further reductions
provided for under the Agreement in the duty
imposed on such article originating in Canada,
(ii) an increase in the rate of duty imposed
on such article originating in Canada to a
level that does not exceed the lesser of--
(I) the general subcolumn of the
column 1 rate of duty set forth in the
Harmonized Tariff Schedule of the
United States \8\ that is imposed by
the United States on such article from
any other foreign country at the time
such import relief is provided, or
---------------------------------------------------------------------------
\8\ Sec. 5003(b)(3) of Public Law 105-206 (112 Stat. 789) struck
out ``the most-favored-nation rate of duty'' and inserted in lieu
thereof ``the general subcolumn of the column 1 rate of duty set forth
in the Harmonized Tariff Schedule of the United States''.
---------------------------------------------------------------------------
(II) the general subcolumn of the
column 1 rate of duty set forth in the
Harmonized Tariff Schedule of the
United States \8\ that is imposed by
the United States on such article from
any other foreign country on the day
before the date on which the Agreement
enters into force, or
(iii) in the case of a duty applied on a
seasonal basis to such article originating in
Canada, an increase in the rate of duty imposed
on such article originating in Canada to a
level that does not exceed the most-favored-
nation rate of duty imposed by the United
States on such article originating in Canada
for the corresponding season immediately prior
to the date on which the Agreement enters into
force.
(4)(A) No investigation may be initiated under
paragraph (2)(A) with respect to any article for which
import relief has been provided under this subsection.
(B) No import relief may be provided under this
subsection after the date that is 10 years after the
date on which the Agreement enters into force.
(5) For purposes of section 123 of the Trade Act of
1974 (19 U.S.C. 2133), any import relief provided by
the President under paragraph (3) shall be treated as
action taken under chapter I of title II of such Act.
(b) Relief From Imports From All Countries.--
(1)(A) If, in any investigation initiated under
chapter 1 of title II of the Trade Act of 1974, the
Commission makes an affirmative determination (or a
determination which is treated as an affirmative
determination under such chapter by reason of section
330(d) of the Tariff Act of 1930) that an article is
being imported into the United States in such increased
quantities as to be a substantial cause of serious
injury, or the threat thereof, to the domestic
industry, the Commission shall also find (and report to
the President at the time such injury determination is
submitted to the President), whether imports from
Canada of the article that is the subject of such
investigation are substantial and are contributing
importantly to such injury or threat thereof.
(B)(i) In determining under subparagraph (A) whether
imports of an article from Canada are substantial, the
Commission shall not normally consider imports from
Canada in the range of 5 to 10 percent or less of total
imports of such article to be substantial.
(ii) For purposes of this paragraph, the term
``contributing importantly'' means an important cause,
but not necessarily the most important cause, of the
serious injury or threat thereof caused by imports.
(2)(A) In determining whether to take action under
chapter 1 of title II of the Trade Act of 1974 with
respect to imports from Canada, the President shall
determine whether imports from Canada of such article
are substantial and contributing importantly to the
serious injury or threat of serious injury found by the
Commission.
(B) In determining the nature and extent of action to
be taken under chapter 1 of title II of the Trade Act
of 1974, the President shall exclude from such action
imports from Canada if the President has made a
negative determination under subparagraph (A) regarding
imports from Canada.
(3)(A) If, under paragraph (2)(B), the President
excludes imports from Canada from action taken under
chapter 1 of title II of the Trade Act of 1974, the
President may, if the President thereafter determines
that a surge in imports from Canada of the article that
is the subject of the action is undermining the
effectiveness of the action, take appropriate action
under such chapter with respect to such imports from
Canada to include such imports in such action.
(B)(i) If, under paragraph (2)(B), the President
excludes imports from Canada from action taken under
chapter 1 of title II of the Trade Act of 1974, any
entity, including a trade association, firm, certified
or recognized union, or group of workers, that is
representative of an industry for which such action is
being taken under such chapter may request the
Commission to conduct an investigation of imports from
Canada of the article that is the subject of such
action.
(ii) Upon receiving a request under clause (i), the
Commission shall conduct an investigation to determine
whether a surge in imports from Canada of the article
that is the subject of action being taken under chapter
1 of title II of the Trade Act of 1974 undermines the
effectiveness of such action. The Commission shall
submit the findings of such investigation to the
President by no later than the date that is 30 days
after the date on which such request is received by the
Commission.
(C) For purposes of this paragraph, the term
``surge'' means a significant increase in imports over
the trend for a reasonable, recent base period for
which data are available.
(c) Any entity that is representative of an industry may
submit a petition for relief under subsection (a), under
chapter 1 of title II of the Trade Act of 1974, or under both
subsection (a) and such chapter at the same time. If petitions
are submitted by such an entity under subsection (a) and such
chapter at the same time, the Commission shall consider such
petitions jointly.
SEC. 303. ACTS IDENTIFIED IN NATIONAL TRADE ESTIMATES.
With respect to any act, policy, or practice of Canada that
is identified in the annual report submitted under section 181
of the Trade Act of 1974 (19 U.S.C. 2241), the United States
Trade Representative shall include--
(1) information with respect to the action taken
regarding such act, policy, or practice, including but
not limited to--
(A) any action under section 301 of the Trade
Act of 1974 (including resolution through
appropriate dispute settlement procedures),
(B) any action under section 307 of the Trade
and Tariff Act of 1984, and
(C) negotiations or consultations, whether on
a bilateral or multilateral basis; or
(2) the reasons that no action was taken regarding
such act, policy, or practice.
SEC. 304. NEGOTIATIONS REGARDING CERTAIN SECTORS; BIENNIAL REPORTS.
(a) In General.--
(1) The President is authorized to enter into
negotiations with the Government of Canada for the
purpose of concluding an agreement (including an
agreement amending the Agreement) or agreements to--
(A) liberalize trade in services in
accordance with article 1405 of the Agreement;
(B) liberalize investment rules;
(C) improve the protection of intellectual
property rights;
(D) increase the value requirement applied
for purposes of determining whether an
automotive product is treated as originating in
Canada or the United States; and
(E) liberalize government procurement
practices, particularly with regard to
telecommunications.
(2) As an exercise of the foreign relations powers of
the President under the Constitution, the President
will enter into immediate consultations with the
Government of Canada to obtain the exclusion from the
transport rates established under Canada's Western
Grain Transportation Act of agricultural goods that
originate in Canada and are shipped via east coast
ports for consumption in the United States.
(b) Negotiating Objectives Regarding Services, Investment,
and Intellectual Property Rights.--
(1) The objectives of the United States in
negotiations conducted under subsection (a)(1)(A) to
liberalize trade in services include--
(A) with respect to developing services
sectors not covered in the Agreement, the
elimination of those tariff, nontariff, and
subsidy trade distortions that have potential
to affect significant bilateral trade;
(B) the elimination or reduction of measures
grandfathered by the Agreement that deny or
restrict national treatment in the provision of
services;
(C) the elimination of local presence
requirements; and
(D) the liberalization of government
procurement of services.
In conducting such negotiations, the President shall
consult with the services advisory committees
established under section 135 of the Trade Act of 1974
(19 U.S.C. 2155).
(2) The objectives of the United States in any
negotiations conducted under subsection (a)(1)(B) to
liberalize investment rules include--
(A) the elimination of direct investment
screening;
(B) the extension of the principles of the
Agreement to energy and cultural industries, to
the extent such industries are not currently
covered by the Agreement;
(C) the elimination of technology transfer
requirements and other performance requirements
not currently barred by the Agreement; and
(D) the subjection of all investment disputes
to dispute resolution under chapter 18 of the
Agreement.
In conducting such negotiations, the President shall
consult with persons representing diverse interests in
the United States in investment.
(3) The objectives of the United States in any
negotiations conducted under subsection (a)(1)(C) to
improve the protection of intellectual property rights
include--
(A) the recognition and adequate protection
of intellectual property, including copyrights,
patents, process patents, trademarks, mask
works, and trade secrets; and
(B) the establishment of dispute resolution
procedures and binational enforcement of
intellectual property standards.
In conducting such negotiations, the President shall
consult with persons representing diverse interests in
the United States in intellectual property.
(c) Negotiating Objectives Regarding Automotive Products.--
(1) In conducting negotiations under subsection
(a)(1)(D) regarding the value requirement for
automotive products, the President shall seek to
conclude an agreement by no later than January 1, 1990,
to increase the value requirement from 50 percent to at
least 60 percent.
(2) The President is authorized, through January 1,
1999, to proclaim any agreed increase in the value
requirement.
(3) As used in this section, the term ``value
requirement'' means the minimum percentage of the value
of an automotive product that must be accounted for by
the value of the materials in the product that
originated in the United States or Canada, or both,
plus the direct cost of processing or assembly
performed in the United States or Canada, or both, with
respect to the product.
(d) Negotiation of Limitation on Potato Trade.--
(1) During the 5-year period beginning on the date of
enactment of this Act, the President is authorized to
enter into negotiations with Canada for the purpose of
obtaining an agreement to limit the exportation and
importation of all potatoes between the United States
and Canada, including seed potatoes, fresh, chilled or
frozen potatoes, dried, desiccated or dehydrated
potatoes, and potatoes otherwise prepared or preserved.
Any agreement negotiated under this subsection shall
provide for an annual limitation divided equally into
each half of the year.
(2) For the purpose of conducting negotiations under
paragraph (1), the Secretary of Agriculture and the
United States Trade Representative shall consult with
representatives of the potato producing industry,
including the Ad Hoc Potato Advisory Group and the
United States/Canada Horticultural Industry Advisory
Committee, to solicit their views on negotiations with
Canada for reciprocal quantitative limits on the potato
trade.
(3) The President is authorized to direct the
Secretary of the Treasury to--
(A) carry out such actions as may be
necessary or appropriate to ensure the
attainment of the objectives of any agreement
that is entered into under this section; and
(B) enforce any quantitative limitation,
restriction, and other terms contained in the
agreement.
Such actions may include, but are not limited to,
requirements that valid export licenses or other
documentation issued by a foreign government be
presented as a condition for the entry into the United
States of any article that is subject to the agreement.
(4) The provisions of section 1204 of the Agriculture
and Food Act of 1981 (7 U.S.C. 1736j) and the last
sentence of section 812 of the Agricultural Act of 1970
(7 U.S.C. 612c-3) shall not apply in the case of
actions taken pursuant to this subsection.
(e) Canadian Controls on Fish.--
(1) Within 30 days of the application by Canada of
export controls on unprocessed fish under statutes
exempted from the Agreement under article 1203, or the
application of landing requirements for fish caught in
Canadian waters, the President shall take appropriate
action to enforce United States rights under the
General Agreement on Tariffs and Trade that are
retained in article 1205 of the Agreement.
(2) In enforcing the United States rights referred to
in paragraph (1), the President has discretion to--
(A) bring a challenge to the offending
Canadian practices before the GATT;
(B) retaliate against such offending
practices;
(C) seek resolution directly with Canada;
(D) refer the matter for dispute resolution
to the Canada-United States Trade Commission;
or
(E) take other action that the President
considers appropriate to enforce such United
States rights.
(f) Biennial Report.--The President shall submit to the
Congress, at the close of each biennial period occurring after
the date on which the Agreement enters into force, a report
regarding--
(1) the status of the negotiations regarding
agreements that the President is authorized to enter
into with Canada under this section;
(2) the effectiveness and operation of any agreement
entered into under section 304 that is in force with
respect to the United States;
(3) the effectiveness of operation of the Agreement
generally; and
(4) the actions taken by the United States and Canada
to implement further the objectives of the Agreement.
SEC. 305. ENERGY.
(a) \9\ Alaskan Oil. * * *
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\9\ Subsec. (a) amended sec. 7(d)(1) of the Export Administration
Act of 1979 (50 U.S.C. App. 2406(d)(1)).
---------------------------------------------------------------------------
(b) \10\ Uranium. * * *
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\10\ Subsec. (b) amended 42 U.S.C. 2201(v) (Support of United
States Enrichment Corporation).
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SEC. 306.\11\ LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER TRADE
AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN
CANADIAN PRODUCTS. * * *
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\11\ Sec. 306 amended sec. 308(4) of the Trade Agreements Act of
1979 (19 U.S.C. 2518(4)).
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SEC. 307. TEMPORARY ENTRY FOR BUSINESS PERSONS.
(a) Nonimmigrant Traders and Investors.--Upon a basis of
reciprocity secured by the United States-Canada Free-Trade
Agreement, a citizen of Canada, and the spouse and children of
any such citizen if accompanying or following to join such
citizen, may, if otherwise eligible for a visa and if otherwise
admissible into the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), be considered to be
classifiable as a nonimmigrant under section 101(a)(15)(E) of
such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a
purpose specified in Annex 1502.1 (United States of America),
Part B--Traders and Investors, of such Agreement, but only if
any such purpose shall have been specified in such Annex as of
the date of entry into force of such Agreement.
(b) \12\ Nonimmigrant Professionals. * * *
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\12\ Subsec. (b) amended 8 U.S.C. 1184 (Admission of
nonimmigrants).
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SEC. 308.\13\ AMENDMENT TO SECTION 5136 OF THE REVISED STATUTES * * *
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\13\ Sec. 308 amended 12 U.S.C. 24 (Corporate powers of
associations).
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SEC. 309. STEEL PRODUCTS.
Nothing in this Act shall preclude any discussion or
negotiation between the United States and Canada in order to
conclude voluntary restraint agreements or mutually agreed
quantitative restrictions on the volume of steel products
entering the United States from Canada.
TITLE IV--BINATIONAL PANEL DISPUTE SETTLEMENT IN ANTIDUMPING AND
COUNTERVAILING DUTY CASES.
SEC. 401. AMENDMENTS TO SECTION 516A OF THE TARIFF ACT OF 1930. * * *
SEC. 402. AMENDMENTS TO TITLE 28, UNITED STATES CODE. * * * \14\
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\14\ Subsecs. (a) and (b) amended 28 U.S.C. 2643 (Relief), subsec.
(c) amended 28 U.S.C. 2201 (Creation of remedy), and subsec. (d)
amended 28 U.S.C. 1584 (Civil actions under the North American Free
Trade Agreement or the United States-Canada Free-Trade Agreement).
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SEC. 403. CONFORMING AMENDMENTS TO THE TARIFF ACT OF 1930. * * * \15\
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\15\ Subsecs. (a) through (d) amended 19 U.S.C. 1502 (Regulations
for appraisement and classification), 1514 (Protest against decisions
of Customs Service), 1677f (Access to information), and 1677
(Definitions; special rules), respectively.
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SEC. 404. AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAW.
Any amendment enacted after the Agreement enters into force
with respect to the United States that is made to--
(1) section 303 or title VII of the Tariff Act of
1930,\16\ or any successor statute, or
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\16\ The Customs and Trade Act of 1990 (Public Law 101-382; 104
Stat. 629) made several amendments to title VII of the Tariff Act of
1930. Sec. 135(c) of that Act further provided:
``(c) Application of Amendments to Products of Canadian Origin.--
For purposes of section 404 of the United States-Canada Free-Trade
Agreement Implementation Act of 1988, the amendments made by subsection
(b) [to sec. 777 of the Tariff Act] also apply with respect to
investigations under title VII of the Tariff Act of 1930 involving
products of Canadian origin.''.
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(2) any other statute which--
(A) provides for judicial review of final
determinations under such section, title, or
statute, or
(B) indicates the standard of review to be
applied,
shall apply to Canada only to the extent specified in such
amendment.
SEC. 405. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS REGARDING THE
IMPLEMENTATION OF CHAPTERS 18 AND 19 OF THE
AGREEMENT.
(a) Appointment of Individuals to Panels and Committees.--
(1)(A) There is established within the interagency
organization established under section 242 of the Trade
Expansion Act of 1962 (19 U.S.C. 1872) an interagency
group which shall--
(i) be chaired by the United States Trade
Representative (hereafter in this section
referred to as the ``Trade Representative''),
and
(ii) consist of such officers (or the
designees thereof) of the Government of the
United States as the Trade Representative
considers appropriate.
(B) The interagency group established under
subparagraph (A) shall, in a manner consistent with
chapter 19 of the Agreement--
(i) prepare by January 3 of each calendar
year--
(I) a list of individuals who are
qualified to serve as members of
binational panels convened under
chapter 19 of the Agreement, and
(II) a list of individuals who are
qualified to serve on extraordinary
challenge committees convened under
such chapter,
(ii) if the Trade Representative makes a
request under paragraph (5)(A)(i) with respect
to a final candidate list during any calendar
year, prepare by July 1 of such calendar year a
list of those individuals who are qualified to
be added to that final candidate list,
(iii) exercise oversight of the
administration of the United States Secretariat
that is authorized to be established under
subsection (e), and
(iv) make recommendations to the Trade
Representative regarding the convening of
extraordinary challenge committees under
chapter 19 of the Agreement.
(2)(A) The Trade Representative shall select
individuals from the respective lists prepared by the
interagency group under paragraph (1)(B)(i) for
placement on a preliminary candidate list of
individuals eligible to serve as members of binational
panels under Annex 1901.2 of the Agreement and a
preliminary candidate list of individuals eligible for
selection as members of extraordinary challenge
committees under Annex 1904.13 of the Agreement.
(B) The selection of individuals for--
(i) placement on lists prepared by the
interagency group under clause (i) or (ii) of
paragraph (1)(B),
(ii) placement on preliminary candidate lists
under subparagraph (A),
(iii) placement on final candidate lists
under paragraph (3),
(iv) placement by the Trade Representative on
the rosters described in Annex 1901.2(1) and
Annex 1904.13(1) of the Agreement, and
(v) appointment by the Trade Representative
for service on binational panels and
extraordinary challenge committees convened
under chapter 19 of the Agreement,
shall be made on the basis of the criteria provided in
Annex 1901.2(1) and Annex 1904.13(1) of the Agreement
and shall be made without regard to political
affiliation.
(C) For purposes of applying section 1001 of title
18, United States Code, the written or oral responses
of individuals to inquiries of the interagency group
established under paragraph (1) or the Trade
Representative regarding their personal and
professional qualifications, and financial and other
relevant interests, that bear on their suitability for
the placements and appointments described in
subparagraph (B), shall be treated as matters within
the jurisdiction of an agency of the United States.
(3)(A) By no later than January 3 of each calendar
year, the Trade Representative shall submit to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives
(hereafter in this section referred to as the
``appropriate Congressional Committees'') the
preliminary candidate lists of those individuals
selected by the Trade Representative under paragraph
(2)(A) to be candidates eligible to serve on binational
panels or extraordinary challenge committees convened
pursuant to chapter 19 of the Agreement during the 1-
year period beginning on April 1 of such calendar year.
(B) Upon submission of the preliminary candidate
lists under subparagraph (A) to the appropriate
Congressional Committees, the Trade Representative
shall consult with the appropriate Congressional
Committees with regard to the individuals listed on the
preliminary candidate lists.
(C) The Trade Representative may add or delete
individuals from the preliminary candidate lists
submitted under subparagraph (A) after consulting the
appropriate Congressional Committees with regard to
such addition or deletion. The Trade Representative
shall provide to the appropriate Congressional
Committees written notice of any addition or deletion
of an individual from the preliminary candidate lists.
(4)(A) By no later than March 31 of each calendar
year, the Trade Representative shall submit to the
appropriate Congressional Committees the final
candidate lists of those individuals selected by the
Trade Representative to be candidates eligible to serve
on binational panels and extraordinary challenge
committees convened pursuant to chapter 19 of the
Agreement during the 1-year period beginning on April 1
of such calendar year. An individual may be included on
a final candidate list only if written notice of the
addition of such individual to the preliminary
candidate list was submitted to the appropriate
Congressional Committees at least 15 days before the
date on which that final candidate list is submitted to
the appropriate Congressional Committees under this
subparagraph.
(B) Except as provided in paragraph (5), no additions
may be made to the final candidate lists after the
final candidate lists are submitted to the appropriate
Congressional Committees under subparagraph (A).
(5)(A) If, after the Trade Representative has
submitted the final candidate lists to the appropriate
Congressional Committees under paragraph (4)(A) for a
calendar year and before July 1 of such calendar year,
the Trade Representative determines that additional
individuals need to be added to a final candidate list,
the Trade Representative shall--
(i) request the interagency group established
under paragraph (1)(A) to prepare a list of
individuals who are qualified to be added to
such candidate list,
(ii) select individuals from the list
prepared by the interagency group under
paragraph (1)(B)(ii) to be included in a
proposed amendment to such final candidate
list, and
(iii) by no later than July 1 of such
calendar year, submit to the appropriate
Congressional Committees the proposed
amendments to such final candidate list
developed by the Trade Representative under
clause (ii).
(B) Upon submission of a proposed amendment under
subparagraph (A)(iii) to the appropriate Congressional
Committees, the Trade Representative shall consult with
the appropriate Congressional Committees with regard to
the individuals included in the proposed amendment.
(C) The Trade Representative may add or delete
individuals from any proposed amendment submitted under
subparagraph (A)(iii) after consulting the appropriate
Congressional Committees with regard to such addition
or deletion. The Trade Representative shall provide to
the appropriate Congressional Committees written notice
of any addition or deletion of an individual from the
proposed amendment.
(D)(i) If the Trade Representative submits under
subparagraph (A)(iii) in any calendar year a proposed
amendment to a final candidate list, the Trade
Representative shall, by no later than September 30 of
such calendar year, submit to the appropriate
Congressional Committees the final form of such
amendment. On October 1 of such calendar year, such
amendment shall take effect and the individuals
included in the final form of such amendment shall be
added to the final candidate list.
(ii) An individual may be included in the final form
of an amendment submitted under clause (i) only if
written notice of the addition of such individual to
the proposed form of such amendment was submitted to
the appropriate Congressional Committees at least 15
days before the date on which the final form of such
amendment is submitted under clause (i).
(iii) Individuals added to a final candidate list
under clause (i) shall be eligible to serve on
binational panels or extraordinary challenge committees
convened pursuant to chapter 19 of the Agreement, as
the case may be, during the 6-month period beginning on
October 1 of the calendar year in which such addition
occurs.
(iv) No additions may be made to the final form of an
amendment described in clause (i) after the final form
of such amendment is submitted to the appropriate
Congressional Committees under clause (i).
(6)(A) The Trade Representative is the only officer
of the Government of the United States authorized to
act on behalf of the Government of the United States in
making any selection or appointment of an individual
to--
(i) the rosters described in Annex 1901.2(1)
and Annex 1904.13(1) of the Agreement, or
(ii) the binational panels or extraordinary
challenge committees convened pursuant to
chapter 19 of the Agreement,
that is to be made solely or jointly by the Government
of the United States under the terms of the Agreement.
(B) Except as otherwise provided in paragraph (7)(B),
the Trade Representative may--
(i) select an individual for placement on the
rosters described in Annex 1901.2(1) and Annex
1904.13(1) of the Agreement during the 1-year
period beginning on April 1 of any calendar
year,
(ii) appoint an individual to serve as one of
those members of any binational panel or
extraordinary challenge committee convened
pursuant to chapter 19 of the Agreement during
such 1-year period who, under the terms of the
Agreement, are to be appointed solely by the
Government of the United States, or
(iii) act to make a joint appointment with
the Government of Canada, under the terms of
the Agreement, of any individual who is a
citizen or national of the United States to
serve as any other member of such a panel or
committee,
only if such individual is on the appropriate final
candidate list that was submitted to the appropriate
Congressional Committees under paragraph (4)(A) during
such calendar year or on such list as it may be amended
under paragraph (5)(D)(i).
(7)(A) Except as otherwise provided in this
paragraph, no individual may--
(i) be selected by the Government of the
United States for placement on the rosters
described in Annex 1901.2(1) and Annex
1904.13(1) of the Agreement, or
(ii) be appointed solely or jointly by the
Government of the United States to serve as a
member of a binational panel or extraordinary
challenge committee convened pursuant to
chapter 19 of the Agreement,
during the 1-year period beginning on April 1 of any
calendar year for which the Trade Representative has
not met the requirements of this subsection.
(B)(i) Notwithstanding paragraphs (3), (4), or (6)(B)
(other than paragraph (3)(A)), individuals listed on
the preliminary candidate lists submitted to the
appropriate Congressional Committees under paragraph
(3)(A) may--
(I) be selected by the Trade Representative
for placement on the rosters described in Annex
1901.2(1) and Annex 1904.13(1) of the Agreement
during the 3-month period beginning on the date
on which the Agreement enters into force, and
(II) be appointed solely or jointly by the
Trade Representative under the terms of the
Agreement to serve as members of binational
panels or extraordinary challenge committees
that are convened pursuant to chapter 19 of the
Agreement during such 3-month period.
(ii) If the Agreement enters into force after January
3, 1989, the provisions of this subsection shall be
applied with respect to the calendar year in which the
Agreement enters into force--
(I) by substituting ``the date that is 30
days after the date on which the Agreement
enters into force'' for ``January 3 of each
calendar year'' in paragraphs (1)(B)(i) and
(3)(A), and
(II) by substituting ``the date that is 3
months after the date on which the Agreement
enters into force'' for ``March 31 of each
calendar year'' in paragraph (4)(A).
(b) Status of Panelists.--Notwithstanding any other provision
of law, individuals appointed by the United States to serve on
panels or committees convened pursuant to chapter 19 of the
Agreement, and individuals designated to assist such appointed
individuals, shall not be considered to be employees or special
employees of, or to be otherwise affiliated with, the
Government of the United States.
(c) Immunity of Panelists.--With the exception of acts
described in section 777f(d)(3) of the Tariff Act of 1930, as
added by this Act, individuals serving on panels or committees
convened pursuant to chapter 19 of the Agreement, and
individuals designated to assist the individuals serving on
such panels or committees, shall be immune from suit and legal
process relating to acts performed by such individuals in their
official capacity and within the scope of their functions as
such panelists or committee members or assistants to such
panelists or committee members.
(d) Regulations.--The administering authority under title VII
of the Tariff Act of 1930, the United States International
Trade Commission, and the United States Trade Representative
may promulgate such regulations as are necessary or appropriate
to carry out actions in order to implement their respective
responsibilities under chapters 18 and 19 of the Agreement.
Initial regulations to carry out such functions shall be issued
prior to the date of entry into force of the Agreement.
(e) Establishment of United States Secretariat.--
(1) The President is authorized to establish within
any department or agency of the Federal Government a
United States Secretariat which, subject to the
oversight of the interagency group established under
subsection (a)(1)(A), shall facilitate--
(A) the operation of chapters 18 and 19 of
the Agreement, and
(B) the work of the binational panels and
extraordinary challenge committees convened
under chapters 18 and 19 of the Agreement.
(2) The United States Secretariat established by the
President under paragraph (1) shall not be considered
to be an agency for purposes of section 552 of title 5,
United States Code.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS FOR THE SECRETARIAT, THE
PANELS, AND THE COMMITTEES.
(a) The Secretariat.--There are authorized to be appropriated
to the department or agency within which the United States
Secretariat described in chapter 19 of the Agreement is
established the lesser of--
(1) such sums as may be necessary, or
(2) $5,000,000,
for each fiscal year succeeding fiscal year 1988 for the
establishment and operations of such United States Secretariat
and for the payment of the United States share of the expenses
of the dispute settlement proceedings under chapter 18 of the
Agreement.
(b) Panels and Committees.--
(1) There are authorized to be appropriated to the
Office of the United States Trade Representative for
fiscal year 1990, $1,492,000 \17\ to pay during such
fiscal year the United States share of the expenses of
binational panels and extraordinary challenge
committees convened pursuant to chapter 19 of the
Agreement.
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\17\ Sec. 1(b) of Public Law 101-207 (103 Stat. 1833) struck out
``1989, such sums as may be necessary'' and inserted in lieu thereof
``1990, $1,492,000''.
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(2) \18\ The United States Trade Representative is
authorized to transfer to any department or agency of
the United States, from sums appropriated pursuant to
the authorization provided under paragraph (1) or
section 141(g)(1) of the Trade Act of 1974, such funds
as may be necessary to facilitate the payment of the
expenses described in paragraph (1).
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\18\ Sec. 103(b) of the Customs and Trade Act of 1990 (Public Law
101-382; 104 Stat. 635) amended and restated para. (2).
---------------------------------------------------------------------------
(3) Funds appropriated for the payment of expenses
described in paragraph (1) during any fiscal year may
be expended only to the extent such funds do not exceed
the amount authorized to be appropriated under
paragraph (1) for such fiscal year. This paragraph
shall apply, notwithstanding any law enacted after the
date of enactment of this Act, unless such subsequent
law specifically provides that this paragraph shall not
apply and specifically cites this paragraph.
(4) \19\ If the Canadian Secretariat described in
chapter 19 of the Agreement provides funds during any
fiscal year for the purpose of paying, in accordance
with Annex 1901.2 of the Agreement, the Canadian share
of the expenses of binational panels, the United States
Secretariat established under section 405(e)(1) may
hereafter retain and use such funds for such purposes.
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\19\ Sec. 134(b)(1) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 651) added para. (4).
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SEC. 407. TESTIMONY AND PRODUCTION OF PAPERS IN EXTRAORDINARY
CHALLENGES.
(a) Authority of Extraordinary Challenge Committee To Obtain
Information.--If an extraordinary challenge committee
(hereinafter referred to in this section as the ``committee'')
is convened pursuant to article 1904(13) of the Agreement, and
the allegations before the committee include a matter referred
to in article 1904(13)(a)(i) of the Agreement, for the purposes
of carrying out its functions and duties under Annex 1904.13 of
the Agreement, the committee--
(1) shall have access to, and the right to copy, any
document, paper, or record pertinent to the subject
matter under consideration, in the possession of any
individual, partnership, corporation, association,
organization, or other entity,
(2) may summon witnesses, take testimony, and
administer oaths,
(3) may require any individual, partnership,
corporation, association, organization, or other entity
to produce documents, books, or records relating to the
matter in question, and
(4) may require any individual, partnership,
corporation, association, organization, or other entity
to furnish in writing, in such detail and in such form
as the committee may prescribe, information in its
possession pertaining to the matter.
Any member of the committee may sign subpoenas, and members of
the committee, when authorized by the committee, may administer
oaths and affirmations, examine witnesses, take testimony, and
receive evidence.
(b) Witnesses and Evidence.--The attendance of witnesses who
are authorized to be summoned, and the production of
documentary evidence authorized to be ordered, under subsection
(a) may be required from any place in the United States at any
designated place of hearing. In the case of disobedience to a
subpoena authorized under subsection (a), the committee may
request the Attorney General of the United States to invoke the
aid of any district or territorial court of the United States
in requiring the attendance and testimony of witnesses and the
production of documentary evidence. Such court, within the
jurisdiction of which such inquiry is carried on, may, in case
of contumacy or refusal to obey a subpoena issued to any
individual, partnership, corporation, association,
organization, or other entity, issue an order requiring such
individual or entity to appear before the committee, or to
produce documentary evidence if so ordered or to give evidence
concerning the matter in question. Any failure to obey such
order of the court may be punished by such court as a contempt
thereof.
(c) Mandamus.--Any court referred to in subsection (b) shall
have jurisdiction to issue writs of mandamus commanding
compliance with the provisions of this section or any order of
the committee made in pursuance thereof.
(d) Depositions.--The committee may order testimony to be
taken by deposition at any stage of the committee review. Such
deposition may be taken before any person designated by the
committee and having power to administer oaths. Such testimony
shall be reduced to writing by the person taking the
deposition, or under the direction of such person, and shall
then be subscribed by the deponent. Any individual,
partnership, corporation, association, organization or other
entity may be compelled to appear and depose and to produce
documentary evidence in the same manner as witnesses may be
compelled to appear and testify and produce documentary
evidence before the committee, as provided in this section.
SEC. 408. REQUESTS FOR REVIEW OF CANADIAN ANTIDUMPING AND
COUNTERVAILING DUTY DETERMINATIONS.
(a) Requests for Review by the United States.--In the case of
a final antidumping or countervailing duty determination of a
competent investigating authority of Canada, as defined in
article 1911 of the Agreement, requests by the United States
for binational panel review under article 1904 of the Agreement
shall be made by the United States Secretary, described in
article 1909(4) of the Agreement.
(b) Requests for Review by a Person.--In the case of a final
antidumping or countervailing duty determination of a competent
investigating authority of Canada, as defined in article 1911
of the Agreement, a person, within the meaning of article
1904(5) of the Agreement, may request a binational panel review
of such determination by filing with the United States
Secretary, described in article 1909(4) of the Agreement, such
a request within the time limit provided for in article 1904(4)
of the Agreement. The receipt of such request by the United
States Secretary shall be deemed to be a request for binational
panel review within the meaning of article 1904(4) of the
Agreement. Such request shall contain such information and be
in such form, manner, and style as the administering authority
shall prescribe by regulations. The request for such panel
review shall not preclude the United States, Canada, or any
other person from challenging before a binational panel the
basis for a particular request for review.
(c) Service of Request for Review.--Whenever binational panel
review is requested under this section, the United States
Secretary shall serve a copy of the request on all who would
otherwise be entitled under Canadian law to commence procedures
for judicial review of a final antidumping or countervailing
duty determination made by a competent investigating authority
of Canada.\20\
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\20\ Sec. 134(b)(2) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 651) stuck out ``persons who would be regarded
as interested parties to the proceeding if the determination in
question had been made under title VII of the Tariff Act of 1930.'' and
inserted in lieu thereof ``who would otherwise be entitled under
Canadian law to commence procedures for judicial review of a final
antidumping or countervailing duty determination made by a competent
investigating authority of Canada.''.
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SEC. 409. SUBSIDIES.
(a) Negotiating Authority.--
(1) The President is authorized to enter into an
agreement with Canada, including an agreement to amend
the Agreement, on rules applicable to trade between the
United States and Canada that--
(A) deal with unfair pricing and government
subsidization, and
(B) provide for increased discipline on
subsidies.
(2)(A) The objectives of the United States in
negotiating an agreement under paragraph (1) include
(but are not limited to)--
(i) achievement, on an expedited basis, of
increased discipline on government production
and export subsidies that have a significant
impact, directly or indirectly, on bilateral
trade between the United States and Canada; and
(ii) attainment of increased and more
effective discipline on those Canadian
Government (including provincial) subsidies
having the most significant adverse impact on
United States producers that compete with
subsidized products of Canada in the markets of
the United States and Canada.
(B) Special emphasis should be given in negotiating
an agreement under paragraph (1) to obtain discipline
on Canadian subsidy programs that adversely affect
United States industries which directly compete with
subsidized imports.
(3) \21\ The United States members of the working
group established under article 1907 of the Agreement
shall consult regularly with the Committee on Finance
of the Senate, the Committee on Ways and Means of the
House of Representatives, and advisory committees
established under section 135 of the Trade Act of 1974
regarding--
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\21\ Sec. 1021(d) of Public Law 104-66 (109 Stat. 712) amended and
restated para. (3), eliminating an annual report to congressional
committees on the progress being made reaching the objectives stated in
para. (2).
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(A) the issues being considered by the
working group; and
(B) as appropriate, the objectives and
strategy of the United States in the
negotiations.
(4) Notwithstanding any other provision of this Act
or of any other law, the provisions of section 151 of
the Trade Act of 1974 (19 U.S.C. 2191) shall not apply
to any bill or joint resolution that implements an
agreement entered into under paragraph (1), unless the
President determines and notifies the Congress that
such agreement--
(A) will provide greater discipline over
government subsidies and no less discipline
over unfair pricing practices by producers than
that provided by the agreements described in
paragraphs (5) and (6) of section 2 of the
Trade Agreements Act of 1979 (the Subsidies
Code and Antidumping Code), respectively,
taking into account the effects of the
Agreement, and
(B) will neither undermine such multilateral
discipline nor detract from United States
efforts to increase such discipline on a
multilateral basis in, or subsequent to, the
Uruguay Round of multilateral trade
negotiations.
(b) Identification of Industries Facing Subsidized Imports.--
(1) Any entity, including a trade association, firm,
certified or recognized union, or group of workers,
that is representative of a United States industry and
has reason to believe that--
(A)(i) as a result of implementation of
provisions of the Agreement, the industry is
likely to face increased competition from
subsidized Canadian imports with which it
directly competes; or
(ii) the industry is likely to face increased
competition from subsidized imports with which
it directly competes from any other country
designated by the President, following
consultations with the Congress, as benefiting
from a reduction of tariffs or other trade
barriers under a trade agreement that enters
into force after January 1, 1989; and
(B) the industry is likely to experience a
deterioration of its competitive position
before rules and disciplines relating to the
use of government subsidies have been developed
with respect to such country;
may file a petition with the United States Trade
Representative (hereafter referred to in this section
as the ``Trade Representative'') to be identified under
this section.
(2) Within 90 days of receipt of a petition under
paragraph (1), the Trade Representative, in
consultation with the Secretary of Commerce, shall
decide whether to identify the industry on the basis
that there is a reasonable likelihood that the industry
may face both the subsidization described in paragraph
(1)(A) and the deterioration described in paragraph
(1)(B).
(3) At the request of an entity that is
representative of an industry identified under
paragraph (2), the Trade Representative shall--
(A) compile and make available to the
industry information under section 308 \22\ of
the Trade Act of 1974,
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\22\ Sec. 134(b)(3) of the Customs and Trade Act of 1990 (Public
Law 101-382; 104 Stat. 651) struck out ``section 305'' and inserted in
lieu thereof ``section 308''.
---------------------------------------------------------------------------
(B) recommend to the President that an
investigation by the United States
International Trade Commission be requested
under section 332 of the Tariff Act of 1930, or
(C) take actions described in both
subparagraphs (A) and (B).
The industry may request the Trade Representative to
take appropriate action to update (as often as
annually) any information obtained under subparagraph
(A) or (B), or both, as the case may be, until an
agreement on adequate rules and disciplines relating to
government subsidies is reached.
(4)(A) The Trade Representative and the Secretary of
Commerce shall review information obtained under
paragraph (3) and consult with the industry identified
under paragraph (2) with a view to deciding whether any
action is appropriate under section 301 of the Trade
Act of 1974, including the initiation of an
investigation under section 302(c) of that Act (in the
case of the Trade Representative), or under subtitle A
of title VII of the Tariff Act of 1930, including the
initiation of an investigation under section 702(a) of
that Act (in the case of the Secretary of Commerce).
(B) In determining whether to initiate any
investigation under section 301 of the Trade Act of
1974 or any other trade law, other than title VII of
the Tariff Act of 1930, the Trade Representative, after
consultation with the Secretary of Commerce--
(i) shall seek the advice of the advisory
committees established under section 135 of the
Trade Act of 1974;
(ii) shall consult with the Committee on
Finance of the Senate and the Committee on Ways
and Means of the House of Representatives;
(iii) shall coordinate with the interagency
committee established under section 242 of the
Trade Expansion Act of 1962; and
(iv) may ask the President to request advice
from the United States International Trade
Commission.
(C) In the event an investigation is initiated under
section 302(c) of the Trade Act of 1974 as a result of
a review under this paragraph and the President,
following such investigation (including any applicable
dispute settlement proceedings under the Agreement or
any other trade agreement), determines to take action
under section 301(a) of such Act, the President shall
give preference to actions that most directly affect
the products that benefit from governmental subsidies
and were the subject of the investigation, unless there
are no significant imports of such products or the
President otherwise determines that application of the
action to other products would be more effective.
(5) Any decision, whether positive or negative, or
any action by the Trade Representative or the Secretary
of Commerce under this section shall not in any way--
(A) prejudice the right of any industry to
file a petition under any trade law,
(B) prejudice, affect, or substitute for, any
proceeding, investigation, determination, or
action by the Secretary of Commerce, the United
States International Trade Commission, or the
Trade Representative pursuant to such a
petition,
(C) prejudice, affect, substitute for, or
obviate any proceeding, investigation, or
determination under section 301 of the Trade
Act of 1974, title VII of the Tariff Act of
1930, or any other trade law.
(6) Nothing in this subsection may be construed to
alter in any manner the requirements in effect before
the enactment of this Act for standing under any law of
the United States or to add any additional requirements
for standing under any law of the United States.
SEC. 410. TERMINATION OF AGREEMENT.
(a) In General.--If--
(1) no agreement is entered into between the United
States and Canada on a substitute system of rules for
antidumping and countervailing duties before the date
that is 7 years after the date on which the Agreement
enters into force, and
(2) the President decides not to exercise the rights
of the United States under article 1906 of the
Agreement to terminate the Agreement,
the President shall submit to the Congress a report on such
decision which explains why continued adherence to the
Agreement is in the national economic interest of the United
States. In calculating the 7-year period referred to in
paragraph (1), any time during which Canada is a NAFTA country
(as defined in section 2(4) of the North American Free Trade
Agreement Implementation Act) shall be disregarded.\23\
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\23\ Sec. 413 of the North American Free Trade Agreement
Implementation Act (Public Law 103-182; 107 Stat. 2147) added the last
sentence of subsec. (a).
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(b) Transition Provisions.--
(1) If on the date on which the Agreement should
cease to be in force an investigation or enforcement
proceeding concerning the violation of a protective
order issued under section 777(d) of the Tariff Act of
1930 (as amended by this Act) or a Canadian undertaking
is pending, such investigation or proceeding shall
continue and sanctions may continue to be imposed in
accordance with the provisions of such section.
(2) If on the date on which the Agreement should
cease to be in force a binational panel review under
article 1904 of the Agreement is pending, or has been
requested, with respect to a determination to which
section 516A(g)(2) of the Tariff Act of 1930 (as added
by this Act) applies, such determination shall be
reviewable under section 516A(a) of the Tariff Act of
1930. In the case of a determination to which the
provisions of this paragraph apply, the time limits for
commencing an action under section 516A(a)(2)(A) of the
Tariff Act of 1930 shall not begin to run until the
date on which the Agreement ceases to be in force.
TITLE V--EFFECTIVE DATES AND SEVERABILITY
SEC. 501. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
provisions of this Act, and the amendments made by this Act,
shall take effect on the date the Agreement enters into force.
(b) Exceptions.--Sections 1 and 2, title I, section 304
(except subsection (f)), section 309, this section and section
502 shall take effect on the date of enactment of this Act.
(c) \24\ Termination or Suspension of Agreement.--
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\24\ Sec. 107 of the North American Free Trade Agreement
Implementation Act (Public Law 103-182; 107 Stat. 2065) amended and
restated subsec. (c). Sec. 109(a)(2) of that Act further provided:
``(2) Section 107 amendment.--The amendment made by section 107
takes effect on the date the Agreement enters into force between the
United States and Canada.''.
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(1) Termination of agreement.--On the date the
Agreement ceases to be in force, the provisions of this
Act (other than this paragraph and section 410(b)), and
the amendments made by this Act, shall cease to have
effect.
(2) Effect of agreement suspension.--An agreement by
the United States and Canada to suspend the operation
of the Agreement shall not be deemed to cause the
Agreement to cease to be in force within the meaning of
paragraph (1).
(3) Suspension resulting from nafta.--On the date the
United States and Canada agree to suspend the operation
of the Agreement by reason of the entry into force
between them of the North American Free Trade
Agreement, the following provisions of this Act are
suspended and shall remain suspended until such time as
the suspension of the Agreement may be terminated:
(A) Sections 204 (a) and (b) and 205(a).
(B) Sections 302 and 304(f).
(C) Sections 404, 409, and 410(b).
SEC. 502. SEVERABILITY.
If any provision of this Act, any amendment made by this Act,
or the application of such a provision or amendment to any
person or circumstances is held to be invalid, the remainder of
this Act, the remaining amendments made by this Act, and the
application of such provision or amendment to persons or
circumstances other than those to which it is held invalid,
shall not be affected thereby.
(9) Caribbean Basin Economic Recovery Act
Partial text of Public Law 98-67 [H.R. 2973], 97 Stat. 369, approved
August 5, 1983; as amended by Public Law 98-573 [Trade and Tariff Act
of 1984; H.R. 3398], 98 Stat. 2948 at 2992, approved October 30, 1984;
by Public Law 99-514 [Tax Reform Act of 1986; H.R. 3838], 100 Stat.
2085 at 2926, approved October 22, 1986; by Public Law 99-570 [Anti-
Drug Abuse Act of 1986, H.R. 5484], 100 Stat. 3207, approved October
27, 1986; by Public Law 100-418 [Omnibus Trade and Competitiveness Act
of 1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public
Law 100-647 [Technical and Miscellaneous Revenue Act of 1988; H.R.
4333], 102 Stat. 3342, approved November 10, 1988; Public Law 101-382
[Customs and Trade Act of 1990, Caribbean Basin Economic Recovery
Expansion Act of 1990; H.R. 1594], 104 Stat. 629, approved August 20,
1990; Public Law 103-182 [North American Free Trade Agreement
Implementation Act; H.R. 3450], 107 Stat. 2057, approved December 8,
1993; Public Law 103-465 [Uruguay Round Agreements Act; H.R. 5110], 108
Stat. 4809, approved December 8, 1994; Public Law 104-188 [Small
Business Job Protection Act of 1996; H.R. 3448], 110 Stat. 1755,
approved August 20, 1996; Public Law 104-295 [Miscellaneous Trade and
Technical Corrections Act of 1996; H.R. 3815], 110 Stat. 3514, approved
October 11, 1996; Public Law 106-200 [Trade and Development Act of
2000; H.R. 434], 114 Stat. 251, approved May 18, 2000; Public Law 107-
206 [2002 Supplemental Appropriations Act for Further Recovery from and
Response to Terrorist Attacks on the United States; H.R. 4775], 116
Stat. 820, approved August 2, 2002; Public Law 107-210 [Andean Trade
Promotion and Drug Eradication Act; H.R. 3009], 116 Stat. 933, approved
August 6, 2002; Public Law 108-429 [Miscellaneous Trade and Technical
Corrections Act of 2004; H.R. 1047], 118 Stat. 2434, approved December
3, 2004; and Public Law 109-53 [Dominican Republic-Central America-
United States Free Trade Agreement Implementation Act; H.R. 3045], 119
Stat. 462, approved August 2, 2005
AN ACT To promote economic revitalization and facilitate expansion of
economic opportunities in the Caribbean Basin region, to provide for
backup withholding of tax from interest and dividends, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--CARIBBEAN BASIN INITIATIVE
SEC. 201.\1\ SHORT TITLE.
This title may be cited as the ``Caribbean Basin Economic
Recovery Act''.
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\1\ See also sec. 1909 of the Omnibus Trade and Competitiveness Act
of 1988 (Public Law 100-418; 102 Stat. 1317), as found on page 740.
See also sec. 202 of the United States-Caribbean Basin Trade
Partnership Act (Title II of Public Law 106-200; 114 Stat. 252) as
found on page 944.
See also sec. 203 of the United States-Caribbean Basin Trade
Partnership Act (Public Law 106-200; 114 Stat. 252), as found on page
945.
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Subtitle A--Duty-Free Treatment
SEC. 211.\2\ AUTHORITY TO GRANT DUTY-FREE TREATMENT.
The President may proclaim duty-free treatment (or other
preferential treatment) \3\ for all eligible articles from any
beneficiary country in accordance with the provisions of this
title.
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\2\ 19 U.S.C. 2701. Pursuant to the authority vested in him by sec.
211, the President issued Proclamation 5133 on November 30, 1983,
implementing the duty-free treatment provided in accordance with the
provisions of this Act.
\3\ Sec. 211(e)(1)(A) of Public Law 106-200 (114 Stat. 287)
inserted ``(or other preferential treatment)''.
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SEC. 212.\4\ BENEFICIARY COUNTRY.
(a)(1) For purposes of this title--
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\4\ 19 U.S.C. 2702.
---------------------------------------------------------------------------
(A) The term ``beneficiary country'' means
any country listed in subsection (b) with
respect to which there is in effect a
proclamation by the President designating such
country as a beneficiary country for purposes
of this title. Before the President designates
any country as a beneficiary country for
purposes of this title, he shall notify the
House of Representatives and the Senate of his
intention to make such designation, together
with the considerations entering into such
decision.
(B) The term ``entered'' means entered, or
withdrawn from warehouse for consumption, in
the customs territory of the United States.
(C) The term ``HTS'' means Harmonized Tariff
Schedule of the United States \5\ (19 U.S.C.
1202).
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\5\ Sec. 1214(q)(1) of Public Law 100-418 (102 Stat. 1159) struck
out `` `TSUS' means Tariff Schedules of the United States'' and
inserted in lieu thereof `` `HTS' means Harmonized Tariff Schedule of
the United States''.
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(D) \6\ The term ``NAFTA'' means the North
American Free Trade Agreement entered into
between the United States, Mexico, and Canada
on December 17, 1992.
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\6\ Sec. 211(e)(2) of Public Law 106-200 added subparas. (D) and
(E).
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(E) \6\ The terms ``WTO'' and ``WTO member''
have the meanings given those terms in section
2 of the Uruguay Round Agreements Act (19
U.S.C. 3501).
(F) \7\ The term ``former beneficiary
country'' means a country that ceases to be
designated as a beneficiary country under this
title because the country has become a party to
a free trade agreement with the United States.
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\7\ Sec. 402(a) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (Public Law 109-53; 119
Stat. 495) added subpara. (F).
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(2) If the President has designated any country as a
beneficiary country for purposes of this title, he
shall not terminate such designation (either by issuing
a proclamation for that purpose or by issuing a
proclamation which has the effect of terminating such
designation) unless, at least sixty days before such
termination, he has notified the House of
Representatives and the Senate and has notified such
country of his intention to terminate such designation,
together with the considerations entering into such
decision.
(b) In designating countries as ``beneficiary countries''
under this title the President shall consider only the
following countries and territories or successor political
entities:
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\8\ On October 4, 2000, in Presidential Proclamation 7351 (65 F.R.
59329) the President designated these countries as Caribbean Basin
Trade Partnership Act (CBTPA) beneficiary countries pursuant to section
213(b)(5)(B) of the Caribbean Basin Economic Recovery Act (CBERA).
\9\ Sec. 402(b) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (Public Law 109-53; 119
Stat. 495) provided that Costa Rica, the Dominican Republic, El
Salvador, Guatemala, Honduras, and Nicaragua shall be struck from the
list of countries eligible for designation as beneficiary countries,
effective on the date the President terminates the designation of such
countries as beneficiary countries. As of December 31, 2005, the
President had not terminated the designation for any of these
countries.
\10\ In a memorandum of June 25, 1993, to the United States Trade
Representative (58 F.R. 34861), the President determined that, ``after
considered various private sector requests for a review of whether or
not certain beneficiary developing countries are providing adequate and
effective means under their laws for foreign nationals to secure, to
exercise, and to enforce exclusive rights in intellectual property,
including patents, trademarks, and copyrights, I have determined to
continue the review of the Dominican Republic, Guatemala, and
Honduras.''.
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Virgin Islands, British \8\
In addition, the President shall not designate any country a
beneficiary country under this title--
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\11\ In a memorandum of June 25, 1993, to the United States Trade
Representative (58 F.R. 34861), the President determined ``that Panama
has taken or is taking steps to afford international recognized worker
rights, and I have determined that Mauritania has not taken and is not
taking steps to afford such internationally recognized rights.
Therefore, I am notifying the Congress of my intention to suspend the
GSP eligibility of Mauritania. Finally, I have determined to continue
to review the status of such worker rights in Bahrain, El Salvador,
Fiji, Guatemala, Indonesia, Malawi, Oman, and Thailand.''.
\12\ On November 7, 1990, in Presidential Determination No. 91-8
(55 F.R. 49499), the President determined that the designation of
Nicaragua as a beneficiary country under this Act would be in the
national security interest of the United States, and subsequently
waived the application of sec. 212(b)(7) (as added by Public Law 101-
382) toward Nicaragua. In Proclamation 6223 of November 8, 1990 (55
F.R. 47447), the President designated Nicaragua as a beneficiary
country for the purposes of the Caribbean Basin Economic Recovery Act.
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(1) if such country is a Communist country;
(2) if such country--
(A) has nationalized, expropriated or
otherwise seized ownership or control of
property owned by a United States citizen or by
a corporation, partnership, or association
which is 50 per centum or more beneficially
owned by United States citizens,
(B) has taken steps to repudiate or nullify--
(i) any existing contract or agreement
with, or
(ii) any patent, trademark, or other
intellectual property of,
a United States citizen or a corporation,
partnership, or association which is 50 per
centum or more beneficially owned by United
States citizens, the effect of which is to
nationalize, expropriate, or otherwise seize
ownership or control of property so owned, or
(C) has imposed or enforced taxes or other
exactions, restrictive maintenance or
operational conditions, or other measures with
respect to property so owned, the effect of
which is to nationalize, expropriate, or
otherwise seize ownership or control of such
property, unless the President determines
that--
(i) prompt, adequate, and effective
compensation has been or is being made
to such citizen, corporation,
partnership, or association,
(ii) good-faith negotiations to
provide prompt, adequate, and effective
compensation under the applicable
provisions of international law are in
progress, or such country is otherwise
taking steps to discharge its
obligations under international law
with respect to such citizen,
corporation, partnership, or
association, or
(iii) a dispute involving such
citizen, corporation, partnership, or
association, over compensation for such
a seizure has been submitted to
arbitration under the provisions of the
Convention for the Settlement of
Investment Disputes, or in another
mutually agreed upon forum, and
promptly furnishes a copy of such determination to the
Senate and House of Representatives;
(3) if such country fails to act in good faith in
recognizing as binding or in enforcing arbitral awards
in favor of United States citizens or a corporation,
partnership or association which is 50 per centum or
more beneficially owned by United States citizens,
which have been made by arbitrators appointed for each
case or by permanent arbitral bodies to which the
parties involved have submitted their dispute;
(4) if such country affords preferential treatment to
the products of a developed country, other than the
United States, which has, or is likely to have, a
significant adverse effect on United States commerce,
unless the President has received assurances
satisfactory to him that such preferential treatment
will be eliminated or that action will be taken to
assure that there will be no such significant adverse
effect, and he reports those assurances to the
Congress;
(5) if a government-owned entity in such country
engages in the broadcast of copyrighted material,
including films or television material, belonging to
United States copyright owners without their express
consent; \13\
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\13\ Secs. 213 (1) through (3) of the Caribbean Basin Economic
Recovery Expansion Act of 1990 (title II of Public Law 101-382; 104
Stat. 656) struck out ``and'' at the end of para. (5), struck out the
period at the end of para. (6) and inserted in lieu thereof ``; and'',
and added para. (7).
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(6) \14\ unless such country is a signatory to a
treaty, convention, protocol, or other agreement
regarding the extradition of United States citizens;
and \13\
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\14\ Sec. 9002 of Public Law 99-570 (100 Stat. 3207-166) deleted
former para. (6) and renumbered para. (7) as para. (6).
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(7) \13\ if such country has not or is not taking
steps to afford internationally recognized worker
rights (as defined in section 507(4) \15\ of the Trade
Act of 1974) to workers in the country (including any
designated zone in that country).
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\15\ Sec. 1954(a)(3) of Public Law 104-188 (110 Stat. 1927) struck
out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
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Paragraphs (1), (2), (3), (5), and (7) \16\ shall not prevent
the designation of any country as a beneficiary country under
this Act if the President determines that such designation will
be in the national economic or security interest of the United
States and reports such determination to the Congress with his
reasons therefor.
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\16\ Sec. 213(4) of the Caribbean Basin Economic Recovery Expansion
Act of 1990 (title II of Public Law 101-382; 104 Stat. 656) struck out
``and (5)'' and inserted in lieu thereof ``(5), and (7)''.
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(c) In determining whether to designate any country a
beneficiary country under this title, the President shall take
into account--
(1) an expression by such country of its desire to be
so designated;
(2) the economic conditions in such country, the
living standards of its inhabitants, and any other
economic factors which he deems appropriate;
(3) the extent to which such country has assured the
United States it will provide equitable and reasonable
access to the markets and basic commodity resources of
such country;
(4) the degree to which such country follows the
accepted rules of international trade provided for
under the WTO Agreement and the multilateral trade
agreements (as such terms are defined in paragraphs (9)
and (4), respectively, of section 2 of the Uruguay
Round Agreements Act); \17\
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\17\ Sec. 621(a)(2) of Public Law 103-465 (108 Stat. 4992) struck
out ``General Agreement on Tariffs and Trade, as well as applicable
trade agreements approved under section 2(a) of the Trade Agreements
Act of 1979'' and inserted in lieu thereof ``WTO Agreement and the
multilateral trade agreements (as such terms are defined in paragraphs
(9) and (4), respectively, of section 2 of the Uruguay Round Agreements
Act)''.
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(5) the degree to which such country uses export
subsidies or imposes export performance requirements or
local content requirements which distort international
trade;
(6) the degree to which the trade policies of such
country as they relate to other beneficiary countries
are contributing to the revitalization of the region;
(7) the degree to which such country is undertaking
self-help measures to promote its own economic
development;
(8) \18\ whether or not such country has taken or is
taking steps to afford workers in that country
(including any designated zone in that country)
internationally recognized worker rights.
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\18\ Sec. 213(5) of the Caribbean Basin Economic Recovery Expansion
Act of 1990 (title II of Public Law 101-382; 104 Stat. 656) amended and
restated para. (8). The new text should end with a semicolon. Para. (8)
formerly read as follows:
``(8) the degree to which workers in such country are afforded
reasonable workplace conditions and enjoy the right to organize and
bargain collectively;''.
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(9) the extent to which such country provides under
its law adequate and effective means for foreign
nationals to secure, exercise, and enforce exclusive
rights in intellectual property, including patent,
trademark, and copyright rights;
(10) the extent to which such country prohibits its
nationals from engaging in the broadcasts of
copyrighted material, including films or television
material, belonging to United States copyright owners
without their express consent; and
(11) the extent to which such country is prepared to
cooperate with the United States in the administration
of the provisions of this title.
(d) General headnote 3(a) of the TSUS (relating to products
of the insular possessions) is amended by adding at the end
thereof the following paragraph:
``(iv) Subject to the provisions in section 213 of
the Caribbean Basin Economic Recovery Act, articles
which are imported from insular possessions of the
United States shall receive duty treatment no less
favorable than the treatment afforded such articles
when they are imported from a beneficiary country under
such Act.''.
(e) \19\ (1)(A) \20\ The President may, after the
requirements of subsection (a)(2) and paragraph (2) have been
met--
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\19\ Sec. 1909(c) of Public Law 100-418 (102 Stat. 1318) amended
and restated subsec. (e).
\20\ Secs. 211(b)(1)(A) and (B) of Public Law 106-200 (114 Stat.
286) redesignated subparas. (A) and (B) as clauses (i) and (ii), and
inserted (A) after (1).
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(i) \20\ withdraw or suspend the designation of any
country as a beneficiary country, or
(ii) \20\ withdraw, suspend, or limit the application
of duty-free treatment under this subtitle to any
article of any country,
if, after such designation, the President determines that as a
result of changed circumstances such country would be barred
from designation as a beneficiary country under subsection (b).
(B) \21\ The President may, after the requirements of
subsection (a)(2) and paragraph (2) have been met--
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\21\ Sec. 211(b)(1)(C) of Public Law 106-200 (114 Stat. 286) added
subpara. (B).
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(i) withdraw or suspend the designation of any
country as a CBTPA beneficiary country; or
(ii) withdraw, suspend, or limit the application of
preferential treatment under section 213(b)(2) and (3)
to any article of any country,
if, after such designation, the President determines that, as a
result of changed circumstances, the performance of such
country is not satisfactory under the criteria set forth in
section 213(b)(5)(B).
(2)(A) The President shall publish in the Federal Register
notice of the action the President proposes to take under
paragraph (1) at least 30 days prior to taking such action.
(B) The United States Trade Representative shall, within the
30-day period beginning on the date on which the President
publishes under subparagraph (A) notice of proposed action--
(i) accept written comments from the public regarding
such proposed action,
(ii) hold a public hearing on such proposed action,
and
(iii) publish in the Federal Register--
(I) notice of the time and place of such
hearing prior to the hearing, and
(II) the time and place at which such written
comments will be accepted.
(3) \22\ If preferential treatment under section 213(b)(2)
and (3) is withdrawn, suspended, or limited with respect to a
CBTPA beneficiary country, such country shall not be deemed to
be a `party' for the purposes of applying section 213(b)(5)(C)
to imports of articles for which preferential treatment has
been withdrawn, suspended, or limited with respect to such
country.
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\22\ Sec. 211(b)(2) of Public Law 106-200 (114 Stat. 286) added
para. (3).
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(f) Reporting Requirements.-- \23\
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\23\ Sec. 214 of the Caribbean Basin Economic Recovery Expansion
Act of 1990 (title II of Public Law 101-382; 104 Stat. 656) added
subsec. (f). Sec. 211(c)(1) of Public Law 106-200 (114 Stat. 286)
restated the subsection. It originally read as follows:
``On or before October 1, 1993, and the close of each 3-year period
thereafter, the President shall submit to the congress a complete
report regarding the operation of this title, including the results of
a general review of beneficiary countries based on the considerations
described in subsections (b) and (c).''.
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(1) In general.--Not later than December 31, 2001,
and every 2 years thereafter during the period this
title is in effect, the United States Trade
Representative shall submit to Congress a report
regarding the operation of this title, including--
(A) with respect to subsections (b) and (c),
the results of a general review of beneficiary
countries based on the considerations described
in such subsections; and
(B) the performance of each beneficiary
country or CBTPA beneficiary country, as the
case may be, under the criteria set forth in
section 213(b)(5)(B).
(2) Public comment.--Before submitting the report
described in paragraph (1), the United States Trade
Representative shall publish a notice in the Federal
Register requesting public comments on whether
beneficiary countries are meeting the criteria listed
in section 213(b)(5)(B).
SEC. 213.\24\ ELIGIBLE ARTICLES.
(a)(1) Unless otherwise excluded from eligibility by this
title, and subject to section 423 of the Tax Reform Act of
1986,\25\ and except as provided in subsection (b)(2) and
(3),\26\ the duty-free treatment provided under this title
shall apply to any article which is the growth, product, or
manufacture of a beneficiary country if--
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\24\ 19 U.S.C. 2703.
\25\ Sec. 423(f) of Public Law 99-514 (100 Stat. 2232) inserted the
words to this point beginning with ``and''.
\26\ Sec. 211(e)(1)(B) of Public Law 106-200 (112 Stat. 287)
inserted ``and except as provided in subsection (b)(2) and (3),''.
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(A) that article is imported directly from a
beneficiary country into the customs territory of the
United States; and
(B) the sum of (i) the cost or value of the materials
produced in a beneficiary country or two or more
beneficiary countries, plus (ii) the direct costs of
processing operations performed in a beneficiary
country or countries is not less than 35 per centum of
the appraised value of such article at the time it is
entered.
For purposes of determining the percentage referred to in
subparagraph (B), the term ``beneficiary country'' includes the
Commonwealth of Puerto Rico, the United States Virgin Islands,
and any former beneficiary country.\27\ If the cost or value of
materials produced in the customs territory of the United
States (other than the Commonwealth of Puerto Rico) is included
with respect to an article to which this paragraph applies, an
amount not to exceed 15 per centum of the appraised value of
the article at the time it is entered that is attributed to
such United States cost or value may be applied toward
determining the percentage referred to in subparagraph (B).
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\27\ Sec. 402(c) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (Public Law 109-53; 119
Stat. 496) struck out ``the Commonwealth of Puerto Rico and the United
States Virgin Islands'' and inserted in lieu thereof ``the Commonwealth
of Puerto Rico, the United States Virgin Islands, and any former
beneficiary country''.
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(2) The Secretary of the Treasury shall prescribe such
regulations as may be necessary to carry out this subsection
including, but not limited to, regulations providing that, in
order to be eligible for duty-free treatment under this title,
an article must be wholly the growth, product, or manufacture
of a beneficiary country, or must be a new or different article
of commerce which has been grown, produced, or manufactured in
the beneficiary country; but no article or material of a
beneficiary country shall be eligible for such treatment by
virtue of having merely undergone--
(A) simple combining or packaging operations, or
(B) mere dilution with water or mere dilution with
another substance that does not materially alter the
characteristics of the article.
(3) As used in this subsection, the phrase ``direct costs
of processing operations'' includes, but is not limited to--
(A) all actual labor costs involved in the growth,
production, manufacture, or assembly of the specific
merchandise, including fringe benefits, on-the-job
training and the cost of engineering, supervisory,
quality control, and similar personnel; and
(B) dies, molds, tooling, and depreciation on
machinery and equipment which are allocable to the
specific merchandise.
Such phrase does not include costs which are not directly
attributable to the merchandise concerned or are not costs of
manufacturing the product, such as (i) profit, and (ii) general
expenses of doing business which are either not allocable to
the specific merchandise or are not related to the growth,
production, manufacture, or assembly of the merchandise, such
as administrative salaries, casualty and liability insurance,
advertising, and salesmen's salaries, commissions or expenses.
(4) \28\ Notwithstanding section 311 of the Tariff Act of
1930, the products of a beneficiary country which are imported
directly from any beneficiary \29\ country into Puerto Rico may
be entered under bond for processing or use in manufacturing in
Puerto Rico. No duty shall be imposed on the withdrawal from
warehouse of the product of such processing or manufacturing
if, at the time of such withdrawal, such product meets the
requirements of paragraph (1)(B).
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\28\ Sec. 235 of Public Law 98-573 (98 Stat. 2992) added this
paragraph as para. (3). Sec. 1889 of Public Law 99-514 (100 Stat. 2926)
redesignated para. (3) as para. (4).
\29\ Sec. 1889 of Public Law 99-514 (100 Stat. 2926) struck out
``such'' and inserted in lieu thereof ``any beneficiary''.
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(5) \30\ The duty-free treatment provided under this title
\31\ shall apply to an article (other than an article listed in
subsection (b)) which is the growth, product, or manufacture of
the Commonwealth of Puerto Rico if--
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\30\ Sec. 215(a) of the Caribbean Basin Economic Recovery Expansion
Act of 1990 (title II of Public Law 101-382; 104 Stat. 657) added para.
(5). Sec. 215(b) of that Act further provided:
``(b) Effective Dates.--
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``(1) The amendment made by subsection (a) shall apply with respect to
articles entered, or withdrawn from warehouse for consumption, on or after
October 1, 1990.
``(2) Notwithstanding section 514 of the Tariff Act of 1930 or any other
provisions of law, upon proper request filed with the appropriate customs
officer after September 30, 1990, and before April 1, 1991, any entry, or
withdrawal from warehouse--
``(A) which was made after August 5, 1983, and before October 1, 1990,
and with respect to which liquidation had not occurred before October 1,
1990, and
``(B) with respect to which there would have been no duty, or a lesser
duty, if the amendment made by subsection (a) applied
``shall be liquidated as though such amendment applied to such entry or
withdrawal.''.
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\31\ Sec. 212(1) of Public Law 106-200 (114 Stat. 288) struck out
``chapter'' and inserted in lieu thereof ``title''.
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(A) the article is imported directly from the
beneficiary country into the customs territory of the
United States,
(B) the article was by any means advanced in value or
improved in condition in a beneficiary country, and
(C) if any materials are added to the article in a
beneficiary country, such materials are a product of a
beneficiary country or the United States.
(6) \32\ Notwithstanding paragraph (1), the duty-free
treatment provided under this title shall apply to liqueurs and
spirituous beverages produced in the territory of Canada from
rum if--
---------------------------------------------------------------------------
\32\ Sec. 212(2) of Public Law 106-200 (114 Stat. 288) added para.
(6).
---------------------------------------------------------------------------
(A) such rum is the growth, product, or manufacture
of a beneficiary country or of the Virgin Islands of
the United States;
(B) such rum is imported directly from a beneficiary
country or the Virgin Islands of the United States into
the territory of Canada, and such liqueurs and
spirituous beverages are imported directly from the
territory of Canada into the customs territory of the
United States;
(C) when imported into the customs territory of the
United States, such liqueurs and spirituous beverages
are classified in subheading 2208.90 or 2208.40 of the
HTS; and
(D) such rum accounts for at least 90 percent by
volume of the alcoholic content of such liqueurs and
spirituous beverages.
(b) \33\ Import-Sensitive Articles.--
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\33\ Subsec. 211(a) of Public Law 106-200 (114 Stat. 276) amended
and restated subsec. (b), which previously read as follows:
``(b) The duty-free treatment provided under this title shall not
apply to--
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``(1) textile and apparel articles which are subject to textile
agreements;
``(2) footwear, handbags, luggage, flat goods, work gloves, and leather
wearing apparel not designated at the time of the effective date of this
title as eligible articles for the purpose of the generalized system of
preferences under title V of the Trade Act of 1974;
``(3) tuna, prepared or preserved in any manner, in airtight containers;
``(4) petroleum, or any product derived from petroleum, provided for in
headings 2709 and 2710 of the Harmonized Tariff Schedule of the United
States; or
``(5) watches and watch parts (including cases, bracelets and straps), of
whatever type including, but not limited to, mechanical, quartz digital or
quartz analog, if such watches or watch parts contain any material which is
the product of any country with respect to which HTS column 2 rates of duty
apply.
``(6) articles to which reduced rates of duty apply under subsection (h)
of this section.''.
(1) In general.--Subject to paragraphs (2) through
(5), the duty-free treatment provided under this title
does not apply to--
(A) textile and apparel articles which were
not eligible articles for purposes of this
title on January 1, 1994, as this title was in
effect on that date;
(B) \34\ footwear provided for in any of
subheadings 6401.10.00, 6401.91.00, 6401.92.90,
6401.99.30, 6401.99.60, 6401.99.90, 6402.30.50,
6402.30.70, 6402.30.80, 6402.91.50, 6402.91.80,
6402.91.90, 6402.99.20, 6402.99.80, 6402.99.90,
6403.59.60, 6403.91.30, 6403.99.60, 6403.99.90,
6404.11.90, and 6404.19.20 of the HTS that was
not designated at the time of the effective
date of this title as eligible articles for the
purpose of the generalized system of
preferences under title V of the Trade Act of
1974;
---------------------------------------------------------------------------
\34\ Sec. 1558(1) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2580) amended
and restated subpara. (B), which previously read as follows:
``(B) footwear not designated at the time of the effective date of
this title as eligible articles for the purpose of the generalized
system of preferences under title V of the Trade Act of 1974;''.
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(C) tuna, prepared or preserved in any
manner, in airtight containers;
(D) petroleum, or any product derived from
petroleum, provided for in headings 2709 and
2710 of the HTS;
(E) watches and watch parts (including cases,
bracelets, and straps), of whatever type
including, but not limited to, mechanical,
quartz digital or quartz analog, if such
watches or watch parts contain any material
which is the product of any country with
respect to which HTS column 2 rates of duty
apply; or
(F) articles to which reduced rates of duty
apply under subsection (h).
(2) Transition period treatment of certain textile
and apparel articles.--
(A) Articles covered.--During the transition
period, the preferential treatment described in
subparagraph (B) shall apply to the following
articles:
(i) Apparel articles assembled in one
or more cbtpa beneficiary countries.--
Apparel articles sewn or otherwise
assembled in one or more CBTPA
beneficiary countries from fabrics
wholly formed and cut, or from
components knit-to-shape, in the United
States from yarns wholly formed in the
United States, or both \35\ (including
fabrics not formed from yarns, if such
fabrics are classifiable under heading
5602 or 5603 of the HTS and are wholly
formed and cut in the United States)
that are--\36\
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\35\ Sec. 2004(b)(A) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) inserted
``or both''.
\36\ Sec. 3107(a)(1)(A) of Andean Trade Promotion and Drug
Eradication Act (Public Law 107-210; 116 Stat. 1035) struck out the
text to this point in clause (i) and inserted this text. Clause (i) to
this point previously read as follows:
``(i) Apparel articles assembled in one or more CBTPA beneficiary
countries from fabrics wholly formed and cut in the United States, from
yarns wholly formed in the United States, (including fabrics not formed
from yarns, if such fabrics are classifiable under heading 5602 or 5603
of the HTS and are wholly formed and cut in the United States) that
are--''.
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(I) entered under subheading
9802.00.80 of the HTS; or
(II) entered under chapter 61
or 62 of the HTS, if, after
such assembly, the articles
would have qualified for entry
under subheading 9802.00.80 of
the HTS but for the fact that
the articles were embroidered
or subjected to stone-washing,
enzyme-washing, acid washing,
perma-pressing, oven-baking,
bleaching, garment-dyeing,
screen printing, or other
similar processes.
Apparel articles entered on or after
September 1, 2002, shall qualify under
the preceding sentence only if all
dyeing, printing, and finishing of the
fabrics from which the articles are
assembled, if the fabrics are knit
fabrics, is carried out in the United
States. Apparel articles entered on or
after September 1, 2002, shall qualify
under the first sentence of this clause
only if all dyeing, printing, and
finishing of the fabrics from which the
articles are assembled, if the fabrics
are woven fabrics, is carried out in
the United States.\37\
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\37\ Sec. 3107(a)(1)(B) of the Andean Trade Promotion and Drug
Eradication Act (Public Law 107-210; 116 Stat. 1035) added the last two
sentences of clause (i). Previously, sec. 3001(1) of the 2002
Supplemental Appropriations Act for Further Recovery from and Response
to Terrorist Attacks on the United States (Public Law 107-206; 116
Stat. 909) had added text at the end of clause (i).
---------------------------------------------------------------------------
(ii) \38\ Other apparel articles
assembled in one or more cbtpa
beneficiary countries.--Apparel
articles sewn or otherwise assembled in
one or more CBTPA beneficiary countries
with thread formed in the United States
from fabrics wholly formed in the
United States and cut in one or more
CBTPA beneficiary countries from yarns
wholly formed in the United States, or
from components knit-to-shape in the
United States from yarns wholly formed
in the United States, or both
(including fabrics not formed from
yarns, if such fabrics are classifiable
under heading 5602 or 5603 of the HTS
and are wholly formed in the United
States). Apparel articles entered on or
after September 1, 2002, shall qualify
underthe preceding sentence only if all
dyeing, printing, and finishing of the
fabrics from which the articles are
assembled, if the fabrics are knit
fabrics, is carried out in the United
States. Apparel articles entered on or
after September 1, 2002, shall qualify
under the first sentence of this clause
only if all dyeing, printing, and
finishing of the fabrics from which the
articles are assembled, if the fabrics
are woven fabrics, is carried out in
the United States.
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\38\ Sec. 3107(a)(2) of the Andean Trade Promotion and Drug
Eradication Act (Public Law 107-210; 116 Stat. 1035) amended and
restated clause (ii). It previously read as follows:
``(ii) Apparel articles cut in one or more CBTPA beneficiary
countries from fabric wholly formed in the United States from yarns
wholly formed in the United States (including fabrics not formed from
yarns, if such fabrics are classifiable under heading 5602 or 5603 of
the HTS and are wholly formed in the United States), if such articles
are assembled in one or more such countries with thread formed in the
United States.''.
Previously, sec. 3001(2) of the 2002 Supplemental Appropriations
Act for Further Recovery from and Response to Terrorist Attacks on the
United States (Public Law 107-206; 116 Stat. 909) had amended clause
(ii).
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(iii) Certain knit apparel
articles.--(I) Apparel articles knit to
shape (other than socks provided for in
heading 6115 of the HTS) in a CBTPA
beneficiary country from yarns wholly
formed in the United States, and knit
apparel articles (other than t-shirts
described in subclause (III)) cut and
wholly assembled in one or more CBTPA
beneficiary countries from fabric
formed in one or more CBTPA beneficiary
countries or the United States from
yarns wholly formed in the United
States (including fabrics not formed
from yarns, if such fabrics are
classifiable under heading 5602 or 5603
of the HTS and are formed in one or
more CBTPA beneficiary countries), in
an amount not exceeding the amount set
forth in subclause (II).
(II) \39\ The amount referred to in
subclause (I) is as follows:
(aa) 500,000,000 square meter
equivalents during the 1-year
period beginning on October 1,
2002.
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\39\ Sec. 3107(a)(3) of the Andean Trade Promotion and Drug
Eradication Act (Public Law 107-210; 116 Stat. 1036) amended and
restated subclause (II). It previously read as follows:
``(II) The amount referred to in subclause (I) is--
---------------------------------------------------------------------------
``(aa) 250,000,000 square meter equivalents during the 1-year period
beginning on October 1, 2000, increased by 16 percent, compounded annually,
in each succeeding 1-year period through September 30, 2004; and
``(bb) in each 1-year period thereafter through September 30, 2008, the
amount in effect for the 1-year period ending on September 30, 2004, or
such other amount as may be provided by law.''.
---------------------------------------------------------------------------
Sec. 3107(b) of Public Law 107-210 further provided that the
amendment made by sec. 3107(a)(3) would take effect on October 1, 2002.
---------------------------------------------------------------------------
(bb) 850,000,000 square meter
equivalents during the 1-year
period beginning on October 1,
2003.
(cc) 970,000,000 square meter
equivalents in each succeeding
1-year period through September
30, 2008.
(III) T-shirts, other than underwear,
classifiable under subheadings
6109.10.00 and 6109.90.10 of the HTS,
made in one or more CBTPA beneficiary
countries from fabric formed in one or
more CBTPA beneficiary countries from
yarns wholly formed in the United
States, in an amount not exceeding the
amount set forth in subclause (IV).
(IV) \40\ The amount referred to in
subclause (III) is as follows:
(aa) 4,872,000 dozen during
the 1-year period beginning on
October 1, 2001.
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\40\ Sec. 3107(a)(4) of the Andean Trade Promotion and Drug
Eradication Act (Public Law 107-210; 116 Stat. 1036) amended and
restated subclause (IV). It previously read as follows:
``(IV) the amount referred to in subclause (III) is--
---------------------------------------------------------------------------
``(aa) 4,200,000 dozen during the 1-year period beginning on October 1,
2000, increased by 16 percent, compounded annually, in each succeeding 1-
year period through September 30, 2004; and
``(bb) in each 1-year period thereafter, the amount in effect for the 1-
year period ending on September 30, 2004, or such other amount as may be
provided by law.''.
(bb) 9,000,000 dozen during
the 1-year period beginning on
October 1, 2002.
(cc) 10,000,000 dozen during
the 1-year period beginning on
October 1, 2003.
(dd) 12,000,000 dozen in each
succeeding 1-year period
through September 30, 2008.
(V) It is the sense of the Congress
that the Congress should determine,
based on the record of expansion of
exports from the United States as a
result of the preferential treatment of
articles under this clause, the
percentage by which the amount provided
in subclauses (II) and (IV) should be
compounded for the 1-year periods
occurring after the 1-year period
ending on September 30, 2004.
(iv) \41\ Certain other apparel
articles.--
(I) General rule.--Subject to
subclause (II), any apparel article
classifiable under subheading 6212.10
of the HTS, except for articles entered
under clause (i), (ii), (iii), (v), or
(vi), if the article is both cut and
sewn or otherwise assembled in the
United States, or one or more CBTPA
beneficiary countries, or both.
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\41\ Sec. 3107(a)(5) of the Andean Trade Promotion and Drug
Eradication Act (Public Law 107-210; 116 Stat. 1036) amended and
restated clause (iv). It previously read as follows:
``(iv) Certain other apparel articles.--(I) Subject to subclause
(II), any apparel article classifiable under subheading 6212.10 of the
HTS, if the article is both cut and sewn or otherwise assembled in the
United States, or one or more of the CBTPA beneficiary countries, or
both.
``(II) During the 1-year period beginning on October 1, 2001, and
during each of the six succeeding 1-year periods, apparel articles
described in subclause (I) of a producer or an entity controlling
production shall be eligible for preferential treatment under
subparagraph (B) only if the aggregate cost of fabric components formed
in the United States that are used in the production of all such
articles of that producer or entity during the preceding 1-year period
is at least 75 percent of the aggregate declared customs value of the
fabric contained in all such articles of that producer or entity that
are entered during the preceding 1-year period.
``(III) The United States Customs Service shall develop and
implement methods and procedures to ensure ongoing compliance with the
requirement set forth in subclause (II). If the Customs Service finds
that a producer or an entity controlling production has not satisfied
such requirement in a 1-year period, then apparel articles described in
subclause (I) of that producer or entity shall be ineligible for
preferential treatment under subparagraph (B) during any succeeding 1-
year period until the aggregate cost of fabric components formed in the
United States used in the production of such articles of that producer
or entity in the preceding 1-year period is at least 85 percent of the
aggregate declared customs value of the fabric contained in all such
articles of that producer or entity that are entered during the
preceding 1-year period.''.
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(II) Limitation.--During the 1-year
period beginning on October 1, 2001,
and during each of the 6 succeeding 1-
year periods, apparel articles
described in subclause (I) of a
producer or an entity controlling
production shall be eligible for
preferential treatment under
subparagraph (B) only if the aggregate
cost of fabrics (exclusive of all
findings and trimmings) formed in the
United States that are used in the
production of all such articles of that
producer or entity that are entered and
eligible under this clause during the
preceding 1-year period is at least 75
percent of the aggregate declared
customs value of the fabric (exclusive
of all findings and trimmings)
contained in all sucharticles of that
producer or entity that are entered and
eligible under this clause during the
preceding 1-year period.
(III) Development of procedure to
ensure compliance.--The United States
Customs Service shall develop and
implement methods and procedures to
ensure ongoing compliance with the
requirement set forth in subclause
(II). If the Customs Service finds that
a producer or an entity controlling
production has not satisfied such
requirement in a 1-year period, then
apparel articles described in subclause
(I) of that producer or entity shall be
ineligible for preferential treatment
under subparagraph (B) during any
succeeding 1-year period until the
aggregate cost of fabrics (exclusive of
all findings and trimmings) formed in
the United States that are used in the
production of such articles of that
producer or entity entered during the
preceding 1-year period is at least 85
percent of the aggregate declared
customs value of the fabric (exclusive
of all findings and trimmings)
contained in all such articles of that
producer or entity that are entered and
eligible under this clause during the
preceding 1-year period.
(v) Apparel articles assembled from
fabrics or yarn not widely available in
commercial quantities.--(I) Apparel
articles that are both cut (or knit-to-
shape) and sewn or otherwise assembled
in one or more CBTPA beneficiary
countries,\42\ to the extent that
apparel articles of such fabrics or
yarn would be eligible for preferential
treatment, without regard to the source
of the fabrics or yarn, under Annex 401
of the NAFTA.
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\42\ Sec. 2004(b)(1)(B) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
``, from fabrics or yarn that is not formed in the United States or in
one or more CBTPA beneficiary countries'' which previously appeared at
this point.
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(II) At the request of any interested
party, the President is authorized to
proclaim additional fabrics and yarn as
eligible for preferential treatment
under subclause (I) if--
(aa) the President determines
that such fabrics or yarn
cannot be supplied by the
domestic industry in commercial
quantities in a timely manner;
(bb) the President has
obtained advice regarding the
proposed action from the
appropriate advisory committee
established under section 135
of the Trade Act of 1974 (19
U.S.C. 2155) and the United
States International Trade
Commission;
(cc) within 60 days after the
request, the President has
submitted a report to the
Committee on Ways and Means of
the House of Representatives
and the Committee on Finance of
the Senate that sets forth the
action proposed to be
proclaimed and the reasons for
such actions, and the advice
obtained under division (bb);
(dd) a period of 60 calendar
days, beginning with the first
day on which the President has
met the requirements of
division (cc), has expired; and
(ee) the President has
consulted with such committees
regarding the proposed action
during the period referred to
in division (cc).
(vi) Handloomed, handmade, and
folklore articles.--A handloomed,
handmade, or folklore article of a
CBTPA beneficiary country identified
under subparagraph (C) that is
certified as such by the competent
authority of such beneficiary country.
(vii) Special rules.--
(I) Exception for findings
and trimmings.--(aa) An article
otherwise eligible for
preferential treatment under
this paragraph shall not be
ineligible for such treatment
because the article contains
findings or trimmings of
foreign origin, if such
findings and trimmings do not
exceed 25 percent of the cost
of the components of the
assembled product. Examples of
findings and trimmings are
sewing thread, hooks and eyes,
snaps, buttons, `bow buds',
decorative lace, trim, elastic
strips, zippers, including
zipper tapes and labels, and
other similar products. Elastic
strips are considered findings
or trimmings only if they are
each less than 1 inch in width
and are used in the production
of brassieres.
(bb) In the case of an
article described in clause
(ii) of this subparagraph,
sewing thread shall not be
treated as findings or
trimmings under this subclause.
(II) Certain interlining.--
(aa) An article otherwise
eligible for preferential
treatment under this paragraph
shall not be ineligible for
such treatment because the
article contains certain
interlinings of foreign origin,
if the value of such
interlinings (and any findings
and trimmings) does not exceed
25 percent of the cost of the
components of the assembled
article.
(bb) Interlinings eligible
for the treatment described in
division (aa) include only a
chest type plate, `hymo' piece,
or `sleeve header', of woven or
weft-inserted warp knit
construction and of coarse
animal hair or man-made
filaments.
(cc) The treatment described
in this subclause shall
terminate if the President
makes a determination that
United States manufacturers are
producing such interlinings in
the United States in commercial
quantities.
(III) De minimis rule.--An
article that would otherwise be
ineligible for preferential
treatment under this paragraph
because the article contains
fibers or yarns not wholly
formed in the United States or
in one or more CBTPA
beneficiary countries shall not
be ineligible for such
treatment if the total weight
of all such fibers or yarns is
not more than 7 percent of the
total weight of the good.
Notwithstanding the preceding
sentence, an apparel article
containing elastomeric yarns
shall be eligible for
preferential treatment under
this paragraph only if such
yarns are wholly formed in the
United States.
(IV) Special origin rule.--An
article otherwise eligible for
preferential treatment under
clause (i), (ii), or (ix) \43\
of this subparagraph shall not
be ineligible for such
treatment because the article
contains nylon filament yarn
(other than elastomeric yarn)
that is classifiable under
subheading 5402.10.30,
5402.10.60, 5402.31.30,
5402.31.60, 5402.32.30,
5402.32.60, 5402.41.10,
5402.41.90, 5402.51.00, or
5402.61.00 of the HTS duty-free
from a country that is a party
to an agreement with the United
States establishing a free
trade area, which entered into
force before January 1, 1995.
---------------------------------------------------------------------------
\43\ Sec. 2004(b)(1)(C) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
``(i) or (ii)'' and inserted in lieu thereof ``(i), (ii), or (ix)''.
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(V) \44\ Thread.--An article
otherwise eligible for
preferential treatment under
this paragraph shallnot be
ineligible for such treatment
because the thread used to
assemble the article is dyed,
printed, or finished in one or
more CBTPA beneficiary
countries.
---------------------------------------------------------------------------
\44\ Sec. 3107(a)(6) of the Andean Trade Promotion and Drug
Eradication Act (Public Law 107-210; 116 Stat. 1037) added subclause
(V).
---------------------------------------------------------------------------
(viii) Textile luggage.--Textile
luggage--
(I) assembled in a CBTPA
beneficiary country from fabric
wholly formed and cut in the
United States, from yarns
wholly formed in the United
States, that is entered under
subheading 9802.00.80 of the
HTS; or
(II) assembled from fabric
cut in a CBTPA beneficiary
country from fabric wholly
formed in the United States
from yarns wholly formed in the
United States.
(ix) \45\ Apparel articles assembled
in one or more cbtpa beneficiary
countries from united states and cbtpa
beneficiary country components.--
Apparel articles sewn or otherwise
assembled in one or more CBTPA
beneficiary countries with thread
formed in the United States from
components cut in the United States and
in one or more CBTPAbeneficiary
countries from fabric wholly formed in
the United States from yarns wholly
formed in the United States, or from
components knit-to-shape in the United
States and one or more CBTPA
beneficiary countries from yarns wholly
formed in the United States, or both
(including fabrics not formed from
yarns, if such fabrics are classifiable
under heading 5602 or 5603 of the HTS).
Apparel articles shall qualify under
this clause only if they meet the
requirements of clause(i) or (ii) (as
the case may be) with respect to
dyeing, printing, and finishing of knit
and woven fabrics from which the
articles are assembled.
---------------------------------------------------------------------------
\45\ Sec. 3107(a)(7) of the Andean Trade Promotion and Drug
Eradication Act (Public Law 107-210; 116 Stat. 1037) added clause (ix).
---------------------------------------------------------------------------
(B) Preferential treatment.--Except as
provided in subparagraph (E), during the
transition period, the articles to which this
subparagraph applies shall enter the United
States free of duty and free of any
quantitative restrictions, limitations, or
consultation levels.
(C) Handloomed, handmade, and folklore
articles.--For purposes of subparagraph
(A)(vi), the President shall consult with
representatives of the CBTPA beneficiary
countries concerned for the purpose of
identifying particular textile and apparel
goods that are mutually agreed upon as being
handloomed, handmade, or folklore goods of a
kind described in section 2.3(a), (b), or (c)
of the Annex or Appendix 3.1.B.11 of the Annex.
(D) Penalties for transshipments.--
(i) Penalties for exporters.--If the
President determines, based on
sufficient evidence, that an exporter
has engaged in transshipment with
respect to textile or apparel articles
from a CBTPA beneficiary country, then
the President shall deny all benefits
under this title to such exporter, and
any successor of such exporter, for a
period of 2 years.
(ii) Penalties for countries.--
Whenever the President finds, based on
sufficient evidence, that transshipment
has occurred, the President shall
request that the CBTPA beneficiary
country or countries through whose
territory the transshipment has
occurred take all necessary and
appropriate actions to prevent such
transshipment. If the President
determines that a country is not taking
such actions, the President shall
reduce the quantities of textile and
apparel articles that may be imported
into the United States from such
country by the quantity of the
transshipped articles multiplied by 3,
to the extent consistent with the
obligations of the United States under
the WTO.
(iii) Transshipment described.--
Transshipment within the meaning of
this subparagraph has occurred when
preferential treatment under
subparagraph (B) has been claimed for a
textile or apparel article on the basis
of material false information
concerning the country of origin,
manufacture, processing, or assembly of
the article or any of its components.
For purposes of this clause, false
information is material if disclosure
of the true information would mean or
would have meant that the article is or
was ineligible for preferential
treatment under subparagraph (B).
(E) Bilateral emergency actions.--
(i) In general.--The President may
take bilateral emergency tariff actions
of a kind described in section 4 of the
Annex with respect to any apparel
article imported from a CBTPA
beneficiary country if the application
of tariff treatment under subparagraph
(B) to such article results in
conditions that would be cause for the
taking of such actions under such
section 4 with respect to a like
article described in the same 8-digit
subheading of the HTS that is imported
from Mexico.
(ii) Rules relating to bilateral
emergency action.--For purposes of
applying bilateral emergency action
under this subparagraph--
(I) the requirements of
paragraph (5) of section 4 of
the Annex (relating to
providing compensation) shall
not apply;
(II) the term `transition
period' in section 4 of the
Annex shall have the meaning
given that term in paragraph
(5)(D) of this subsection; and
(III) the requirements to
consult specified in section 4
of the Annex shall be treated
as satisfied if the President
requests consultations with the
CBTPA beneficiary country in
question and the country does
not agree to consult within the
time period specified under
section 4.
(3) Transition period treatment of certain other
articles originating in beneficiary countries.--
(A) Equivalent tariff treatment.--
(i) In general.--Subject to clauses
(ii) and (iii),\46\ the tariff
treatment accorded at any time during
the transition period to any article
referred to in any of subparagraphs (B)
through (F) of paragraph (1) that is a
CBTPA originating good shall be
identical to the tariff treatment that
is accorded at such time under Annex
302.2 of the NAFTA to an article
described in the same 8-digit
subheading of the HTS that is a good of
Mexico and is imported into the United
States.
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\46\ Sec. 1558(2) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2580) struck out
``Subject to clause (ii)'', inserted in lieu thereof ``Subject to
clauses (ii) and (iii)'', and added clause (iii).
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(ii) Exception.--Clause (i) does not
apply to any article accorded duty-free
treatment under U.S. Note 2(b) to
subchapter II of chapter 98 of the HTS.
(iii) \46\ Certain footwear.--
Notwithstanding paragraph (1)(B) and
clause (i) of this subparagraph, foot-
wearprovided for in any of subheadings
6403.59.60, 6403.91.30, 6403.99.60, and
6403.99.90 of the HTS shall be eligible
for the duty-free treatment provided
for under this title if-
(I) the article of footwear
is the growth, product, or
manufacture of a CBTPA
beneficiary country; and
(II) the article otherwise
meets the requirements of
subsection (a), except that in
applying such subsection,
``CBTPA beneficiary country''
shall be substituted for
``beneficiary country'' each
place it appears.
(B) Relationship to subsection (h) duty
reductions.--If at any time during the
transition period the rate of duty that would
(but for action taken under subparagraph (A)(i)
in regard to such period) apply with respect to
any article under subsection (h) is a rate of
duty that is lower than the rate of duty
resulting from such action, then such lower
rate of duty shall be applied for the purposes
of implementing such action.
(4) Customs procedures.--
(A) In general.--
(i) Regulations.--Any importer that
claims preferential treatment under
paragraph (2) or (3) shall comply with
customs procedures similar in all
material respects to the requirements
of Article 502(1) of the NAFTA as
implemented pursuant to United States
law, in accordance with regulations
promulgated by the Secretary of the
Treasury.
(ii) Determination.--
(I) In general.--In order to
qualify for the preferential
treatment under paragraph (2)
or (3) and for a Certificate of
Origin to be valid with respect
to any article for which such
treatment is claimed, there
shall be in effect a
determination by the President
that each country described in
subclause (II)--
(aa) has implemented
and follows; or
(bb) is making
substantial progress
toward implementing and
following,
procedures and requirements
similar in all material
respects to the relevant
procedures and requirements
under chapter 5 of the NAFTA.
(II) Country described.--A
country is described in this
subclause if it is a CBTPA
beneficiary country--
(aa) from which the
article is exported; or
(bb) in which
materials used in the
production of the
article originate or in
which the article or
such materials undergo
production that
contributes to a claim
that the article is
eligible for
preferential treatment
under paragraph (2) or
(3).
(B) Certificate of origin.--The Certificate
of Origin that otherwise would be required
pursuant to the provisions of subparagraph (A)
shall not be required in the case of an article
imported under paragraph (2) or (3) if such
Certificate of Origin would not be required
under Article 503 of the NAFTA (as implemented
pursuant to United States law), if the article
were imported from Mexico.
(C) Report by ustr on cooperation of other
countries concerning circumvention.--The United
States Commissioner of Customs shall conduct a
study analyzing the extent to which each CBTPA
beneficiary country--
(i) has cooperated fully with the
United States, consistent with its
domestic laws and procedures, in
instances of circumvention or alleged
circumvention of existing quotas on
imports of textile and apparel goods,
to establish necessary relevant facts
in the places of import, export, and,
where applicable, transshipment,
including investigation of
circumvention practices, exchanges of
documents, correspondence, reports, and
other relevant information, to the
extent such information is available;
(ii) has taken appropriate measures,
consistent with its domestic laws and
procedures, against exporters and
importers involved in instances of
false declaration concerning fiber
content, quantities, description,
classification, or origin of textile
and apparel goods; and
(iii) has penalized the individuals
and entities involved in any such
circumvention, consistent with its
domestic laws and procedures, and has
worked closely to seek the cooperation
of any third country to prevent such
circumvention from taking place in that
third country.
The Trade Representative shall submit to
Congress, not later than October 1, 2001, a
report on the study conducted under this
subparagraph.
(5) Definitions and special rules.--For purposes of
this subsection--
(A) Annex.--The term `the Annex' means Annex
300-B of the NAFTA.
(B) CBTPA beneficiary country.--The term
``CBTPA beneficiary country'' means any
``beneficiary country'', as defined in section
212(a)(1)(A) of this title, which the President
designates as a CBTPA beneficiary country,
taking into account the criteria contained in
subsections (b) and (c) of section 212 and
other appropriate criteria, including the
following:
(i) Whether the beneficiary country
has demonstrated a commitment to--
(I) undertake its obligations
under the WTO, including those
agreements listed in section
101(d) of the Uruguay Round
Agreements Act, on or ahead of
schedule; and
(II) participate in
negotiations toward the
completion of the FTAA or
another free trade agreement.
(ii) The extent to which the country
provides protection of intellectual
property rights consistent with or
greater than the protection afforded
under the Agreement on Trade-Related
Aspects of Intellectual Property Rights
described in section 101(d)(15) of the
Uruguay Round Agreements Act.
(iii) The extent to which the country
provides internationally recognized
worker rights, including--
(I) the right of association;
(II) the right to organize
and bargain collectively;
(III) a prohibition on the
use of any form of forced or
compulsory labor;
(IV) a minimum age for the
employment of children; and
(V) acceptable conditions of
work with respect to minimum
wages, hours of work, and
occupational safety and health;
(iv) Whether the country has
implemented its commitments to
eliminate the worst forms of child
labor, as defined in section 507(6) of
the Trade Act of 1974.
(v) The extent to which the country
has met the counter-narcotics
certification criteria set forth in
section 490 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291j) for
eligibility for United States
assistance.
(vi) The extent to which the country
has taken steps to become a party to
and implements the Inter-American
Convention Against Corruption.
(vii) The extent to which the
country--
(I) applies transparent,
nondiscriminatory, and
competitive procedures in
government procurement
equivalent to those contained
in the Agreement on Government
Procurement described in
section 101(d)(17) of the
Uruguay Round Agreements Act;
and
(II) contributes to efforts
in international fora to
develop and implement
international rules in
transparency in government
procurement.
(C) CBTPA originating good.--
(i) In general.--The term `CBTPA
originating good' means a good that
meets the rules of origin for a good
set forth in chapter 4 of the NAFTA as
implemented pursuant to United States
law.
(ii) Application of chapter 4.--In
applying chapter 4 of the NAFTA with
respect to a CBTPA beneficiary country
for purposes of this subsection--
(I) no country other than the
United States and a CBTPA
beneficiary country may be
treated as being a party to the
NAFTA;
(II) any reference to trade
between the United States and
Mexico shall be deemed to refer
to trade between the United
States and a CBTPA beneficiary
country;
(III) any reference to a
party shall be deemed to refer
to a CBTPA beneficiary country
or the United States; and
(IV) any reference to parties
shall be deemed to refer to any
combination of CBTPA
beneficiary countries or to the
United States and one or more
CBTPA beneficiary countries (or
any combination thereof ).
(D) Transition period.--The term `transition
period' means, with respect to a CBTPA
beneficiary country, the period that begins on
October 1, 2000, and ends on the earlier of--
(i) September 30, 2008; or
(ii) the date on which the FTAA or
another free trade agreement that makes
substantial progress in achieving the
negotiating objectives set forth in
108(b)(5) of Public Law 103-182 (19
U.S.C. 3317(b)(5)) enters into force
with respect to the United States and
the CBTPA beneficiary country.
(E) CBTPA.--The term ``CBTPA'' means the
United States-Caribbean Basin Trade Partnership
Act.
(F) FTAA.--The term ``FTAA'' means the Free
Trade Area of the Americas.
(G) \47\ Former cbtpa beneficiary country. --
The term ``former CBTPA beneficiary country''
means a country that ceases to be designated as
a CBTPA beneficiary country under this title
because the country has become a party to a
free trade agreement with the United States.
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\47\ Sec. 402(d) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (Public Law 109-53; 119
Stat. 496) added subparas. (G) and (H).
---------------------------------------------------------------------------
(H) \47\ Articles that undergo production in
a cbtpa beneficiary country and a former cbtpa
beneficiary country.--(i) For purposes of
determining the eligibility of an article for
preferential treatment under paragraph(2) or
(3), references in either such paragraph, and
in subparagraph (C) of this paragraph to--
(I) a ``CBTPA beneficiary country''
shall be considered to include any
former CBTPA beneficiary country, and
(II) ``CBTPA beneficiary countries''
shall be considered to include former
CBTPA beneficiary countries, if the
article, or a good used in the
production of the article, undergoes
production in a CBTPA beneficiary
country.
(ii) An article that is eligible for
preferential treatment under clause (i) shall
not be ineligible for such treatment because
the article is imported directly from a former
CBTPA beneficiary country.
(iii) Notwithstanding clauses (i) and (ii),
an article that is a good of a former CBTPA
beneficiary country for purposes of section 304
of the Tariff Act of 1930 (19 U.S.C. 1304) or
section 334 of the Uruguay Round Agreements Act
(19 U.S.C. 3592), as the case may be, shall not
be eligible for preferential treatment under
paragraph (2) or (3), unless--
(I) it is an article that is a good
of the Dominican Republic under either
such section 304 or 334; and
(II) the article, or a good used in
the production of the article,
undergoes production in Haiti.
(c)(1) As used in this subsection--
(A) The term ``sugar and beef products'' means--
(i) sugars, sirups, and molasses provided for
in subheadings 1701.11.00, 1701.12.00,
1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40,
and 2106.90.10 of the Harmonized Tariff
Schedule of the United States,\48\ and
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\48\ Sec. 1214(q)(2)(B)(i) of Public Law 100-418 (102 Stat. 1159)
struck out ``items 155.20 and 155.30 of the TSUS'' and inserted in lieu
thereof ``subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00,
1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff
Schedule of the United States,''.
---------------------------------------------------------------------------
(ii) articles of beef or veal, however
provided for in chapters 2 and 16 of the
Harmonized Tariff Schedule of the United
States.\49\
---------------------------------------------------------------------------
\49\ Sec. 1214(q)(2)(B)(ii) of Public Law 100-418 (102 Stat. 1159)
struck out ``subpart B of part 2 of schedule 1 of the TSUS'' and
inserted in lieu thereof ``chapters 2 and 16 of the Harmonized Tariff
Schedule of the United States''.
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(B) The term ``Plan'' means a stable food production
plan that consists of measures and proposals designed
to ensure that the present level of food production in,
and the nutritional level of the population of, a
beneficiary country will not be adversely affected by
changes in land use and land ownership that will result
if increased production of sugar and beef products is
undertaken in response to the duty-free treatment
extended under this title to such products. A Plan must
specify such facts regarding, and such proposed actions
by, a beneficiary country as the President deems
necessary for purposes of carrying out this subsection,
including but not limited to--
(i) the current levels of food production and
nutritional health of the population;
(ii) current level of production and export
of sugar and beef products;
(iii) expected increases in production and
export of sugar and beef products as a result
of the duty-free access to the United States
market provided under this title;
(iv) measures to be taken to ensure that the
expanded production of those products because
of such duty-free access will not occur at the
expense of stable food production; and
(v) proposals for a system to monitor the
impact of such duty-free access on stable food
production and land use and land ownership
patterns.
(2) Duty-free treatment extended under this title to sugar
and beef products that are the product of a beneficiary country
shall be suspended by the President under this subsection if--
(A) the beneficiary country, within the ninety-day
period beginning on the date of its designation as such
a country under section 212, does not submit a Plan to
the President for evaluation;
(B) on the basis of his evaluation, the President
determines that the Plan of a beneficiary country does
not meet the criteria set forth in paragraph (1)(B); or
(C) as a result of the monitoring of the operation of
the Plan under paragraph (5), the President determines
that a beneficiary country is not making a good faith
effort to implement its Plan, or that the measures and
proposals in the Plan, although being implemented, are
not achieving their purposes.
(3) Before the President suspends duty-free treatment by
reason of paragraph (2) (A) or (C) to the sugar and beef
products of a beneficiary country, he must offer to enter into
consultation with the beneficiary country for purposes of
formulating appropriate remedial action which may be taken by
that country to avoid such suspension. If the beneficiary
country thereafter enters into consultation within a reasonable
time and undertakes to formulate remedial action in good faith,
the President shall withhold the suspension of duty-free
treatment on the condition that the remedial action agreed upon
be appropriately implemented by that country.
(4) The President shall monitor on a biennial basis the
operation of the Plans implemented by beneficiary countries,
and shall submit a written report to Congress by March 15
following the close of each biennium, that--
(A) specifies the extent to which each Plan, and
remedial actions, if any, agreed upon under paragraph
(4), have been implemented; and
(B) evaluates the results of such implementation.
(5) The President shall terminate any suspension of duty-
free treatment imposed under this subsection if he determines
that the beneficiary country has taken appropriate action to
remedy the factors on which the suspension was based.
(d) \50\ Tariff-Rate Quotas.--No quantity of an
agricultural product subject to a tariff-rate quota that
exceeds the in-quota quantity shall be eligible for duty-free
treatment under this title.
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\50\ Sec. 404(e)(1) of Public Law 103-465 (108 Stat. 4961) amended
and restated subsec. (d).
---------------------------------------------------------------------------
(e)(1) The President may by proclamation suspend the duty-
free treatment provided by this title with respect to any
eligible article and may proclaim a duty rate for such article
if such action is provided under chapter 1 of title II \51\ of
the Trade Act of 1974 or section 232 of the Trade Expansion Act
of 1962.
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\51\ Sec. 1401(b)(2) of Public Law 100-418 (102 Stat. 1239) struck
out ``proclaimed pursuant to section 203'' and inserted in lieu thereof
``provided under chapter 1 of title II''.
---------------------------------------------------------------------------
(2) In any report by the International Trade Commission to
the President under section 202(f) \52\ of the Trade Act of
1974 regarding any article for which duty-free treatment has
been proclaimed by the President pursuant to this title, the
Commission shall state whether and to what extent its findings
and recommendations apply to such article when imported from
beneficiary countries.
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\52\ Sec. 1401(b)(2)(B) of Public Law 100-418 (102 Stat. 1239)
struck out ``202(d)(1)'' and inserted in lieu thereof ``202(f)''.
---------------------------------------------------------------------------
(3) For purposes of subsections section 203 \53\ of the
Trade Act of 1974, the suspension of the duty-free treatment
provided by this title shall be treated as an increase in duty.
---------------------------------------------------------------------------
\53\ Sec. 1401(b)(2)(C) of Public Law 100-418 (102 Stat. 1240)
struck out ``(a) and (c) of section 203'' and inserted in lieu thereof
``section 203''. The word ``subsections'' preceding ``section 203'' in
para. (3) probably should have been struck out also.
---------------------------------------------------------------------------
(4) No proclamation which provides solely for a suspension
referred to in paragraph (3) of this subsection with respect to
any article shall be taken under section 203 \54\ of the Trade
Act of 1974 unless the United States International Trade
Commission, in addition to making an affirmative determination
with respect to such article under section 202(b) \54\ of the
Trade Act of 1974, determines in the course of its
investigation under such section \54\ that the serious injury
(or threat thereof) substantially caused by imports to the
domestic industry producing a like or directly competitive
article results from the duty-free treatment provided by this
title.
---------------------------------------------------------------------------
\54\ Sec. 1401(b)(2)(D) of Public Law 100-418 (102 Stat. 1240)
amended subsec. (e)(4) by striking ``made under subsections (a) and (c)
of section 203'' and inserting in lieu thereof ``taken under section
203''; by striking ``201(b)'' and inserting in lieu thereof ``202(b)'';
and by striking ``section 201(b) of such Act'' and inserting in lieu
thereof ``such section''.
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(5)(A) Any action taken under section 203 \55\ of the Trade
Act of 1974 that is in effect when duty-free treatment pursuant
to section 101 of this title is proclaimed shall remain in
effect until modified or terminated.
---------------------------------------------------------------------------
\55\ Sec. 1401(b)(2)(E) of Public Law 100-418 (102 Stat. 1240)
struck out ``proclamation issued pursuant to section 203'' and inserted
in lieu thereof ``action taken under section 203''.
---------------------------------------------------------------------------
(B) If any article is subject to any such action \56\ at
the time duty-free treatment is proclaimed pursuant to section
211, the President may reduce or terminate the application of
such action \56\ relief to the importation of such article from
beneficiary countries prior to the otherwise scheduled date on
which such reduction or termination would occur pursuant to the
criteria and procedures of section 203 \56\ of the Trade Act of
1974.
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\56\ Sec. 1401(b)(2)(E) of Public Law 100-418 (102 Stat. 1240)
amended subpara. (B) by striking out ``to import relief'' and inserting
in lieu thereof ``to any such action''; by striking out ``such import
relief'' and inserting in lieu thereof ``such action''; and by striking
out ``subsections (h) and (i) of section 203'' and inserting in lieu
thereof ``section 203''.
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(f)(1) If a petition is filed with the International Trade
Commission pursuant to the provisions of section 201 of the
Trade of 1974 regarding a perishable product and alleging
injury from imports from beneficiary countries then the
petition may also be filed with the Secretary of Agriculture
with a request that emergency relief be granted pursuant to
paragraph (3) of this subsection with respect to such article.
(2) Within fourteen days after the filing of a petition
under paragraph (1) of this subsection--
(A) if the Secretary of Agriculture has reason to
believe that a perishable product from a beneficiary
country is being imported into the United States in
such increased quantities as to be a substantial cause
of serious injury, or the threat thereof, to the
domestic industry producing a perishable product like
or directly competitive with the imported product and
that emergency action is warranted, he shall advise the
President and recommend that the President take
emergency action; or
(B) the Secretary of Agriculture shall publish a
notice of his determination not to recommend the
imposition of emergency action and so advise the
petitioner.
(3) Within seven days after the President receives a
recommendation from the Secretary of Agriculture to take
emergency action pursuant to paragraph (2) of this subsection,
he shall issue a proclamation withdrawing the duty-free
treatment provided by this title or publish a notice of his
determination not to take emergency action.
(4) The emergency action provided by paragraph (3) of this
subsection shall cease to apply--
(A) upon the taking of action under section 203 \57\
of the Trade Act of 1974,
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\57\ Sec. 1401(b)(2)(F) of Public Law 100-418 (102 Stat. 1240)
struck out ``proclamation of import relief pursuant to section
202(a)(1)'' and inserted in lieu thereof ``taking of action under
section 203''. Sec. 1401(b)(2)(F) further amended and restated subpara.
(B).
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(B) \57\ on the day a determination by the President
not to take action under section 203 of such Act not to
take action becomes final,
(C) in the event of a report of the United States
International Trade Commission containing a negative
finding, on the day the Commission's report is
submitted to the President, or
(D) whenever the President determines that because of
changed circumstances such relief is no longer
warranted.
(5) For purposes of this subsection, the term ``perishable
product'' means--
(A) live plants and fresh cut flowers provided for in
chapter 6 of the HTS; \58\
---------------------------------------------------------------------------
\58\ Sec. 1214(q)(2)(D) of Public Law 100-418 (102 Stat. 1159)
struck out ``live plants provided for in subpart A of part 6 of
schedule 1 of the TSUS'' and inserted in lieu thereof ``live plants and
fresh cut flowers provided for in chapter 6 of the HTS''.
---------------------------------------------------------------------------
(B) fresh or chilled vegetables provided for in
headings 0701 through 0709 (except subheading
0709.52.00) and heading 0714 of the HTS; \59\
---------------------------------------------------------------------------
\59\ Sec. 1214(q)(2)(B) of Public Law 100-418 (102 Stat. 1159)
struck out ``items 135.10 through 138.46 of the TSUS'' and inserted in
lieu thereof ``headings 0701 through 0709 (except subheading
0709.52.00) and heading 0714 of the HTS''.
---------------------------------------------------------------------------
(C) \60\ fresh fruit provided for in subheadings
0804.20 through 0810.90 (except citrons of subheading
0805.90.00, tamarinds and kiwi fruit of subheading
0810.90.20, and cashew apples, mameyes colorados,
sapodillas, soursops and sweetsops of subheading
0810.90.40) of the HTS;
---------------------------------------------------------------------------
\60\ Sec. 1214(q)(2)(D) of Public Law 100-418 (102 Stat. 1159)
struck out former subpara. (C) and redesignated subpara. (D) as (C).
Sec. 1214(q)(2)(D) of that Act also struck out former subpara. (E),
redesignated subpara. (F) as subpara. (E), struck out ``item 165.35 of
the TSUS'', and inserted in lieu thereof ``subheadings 2009.11.00,
2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS''.
Subsequently, sec. 9001(a)(14) of the Technical and Miscellaneous
Revenue Act of 1988 (Public Law 100-647; 102 Stat. 3342) redesignated
subpara. (E) as subpara. (D).
---------------------------------------------------------------------------
(D) \60\ concentrated citrus fruit juice provided for
in subheadings 2009.11.00, 2009.19.40, 2009.20.40,
2009.30.20, and 2009.30.60 of the HTS.
(g) No proclamation issued pursuant to this title shall
affect fees imposed pursuant to section 22 of the Agricultural
Adjustment Act (7 U.S.C. 624).
(h) \61\ (1) Subject to paragraph (2), the President shall
proclaim reductions in the rates of duty on handbags, luggage,
flat goods, work gloves, and leather wearing apparel that--
---------------------------------------------------------------------------
\61\ Sec. 212(a) of the Caribbean Basin Economic Recovery Expansion
Act of 1990 (title II of Public Law 101-382; 104 Stat. 655) added
subsec. (h).
---------------------------------------------------------------------------
(A) are the product of any beneficiary country; and
(B) were not designated on August 5, 1983, as
eligible articles for purposes of the generalized
system of preferences under title V of the Trade Act of
1974.
(2) The reduction required under paragraph (1) in the rate
of duty on any article shall--
(A) result in a rate that is equal to 80 percent of
the rate of duty that applies to the article on
December 31, 1991, except that, subject to the
limitations in paragraph (3), the reduction may not
exceed 2.5 percent ad valorem; and
(B) be implemented in 5 equal annual stages with the
first one-fifth of the aggregate reduction in the rate
of duty being applied to entries, or withdrawals from
warehouse for consumption of the article on or after
January 1, 1992.
(3) The reduction required under this subsection with
respect to the rate of duty on any article is in addition to
any reduction in the rate of duty on that article that may be
proclaimed by the President as being required or appropriate to
carry out any trade agreement entered into under the Uruguay
Round of trade negotiations; except that if the reduction so
proclaimed--
(A) is less than 1.5 percent ad valorem, the
aggregate of such proclaimed reduction and the
reduction under this subsection may not exceed 3.5
percent ad valorem, or
(B) is 1.5 percent ad valorem or greater, the
aggregate of such proclaimed reduction and the
reduction under this subsection may not exceed the
proclaimed reduction plus 1 percent ad valorem.
SEC. 214. MEASURES FOR PUERTO RICO AND UNITED STATES INSULAR
POSSESSIONS.
(a) * * *
(b) * * *
(c) If the sum of the amounts of taxes covered into the
treasuries of Puerto Rico or the United States Virgin Islands
pursuant to section 7652(c) of the Internal Revenue Code of
1986 is reduced below the amount that would have been covered
over if the imported rum had been produced in Puerto Rico or
the United States Virgin Islands, then the President shall
consider compensation measures and, in this regard, may
withdraw the duty-free treatment on rum provided by this title.
The President shall submit a report to the Congress on the
measures he takes.
(d) Section 1112 of the Trade Agreements Act of 1979 (19
U.S.C. 2582) is repealed.
(e) No action pursuant to this title may affect any tariff
duty imposed by the Legislature of Puerto Rico pursuant to
section 319 of the Tariff Act of 1930 (19 U.S.C. 1319) on
coffee imported into Puerto Rico.
(f) For purposes of chapter 1 of title II of the Trade Act
of 1974, the term ``industry'' shall include producers located
in the United States insular possessions.
(g) Any discharge from a point source in the United States
Virgin Islands in existence on the date of the enactment of
this subsection which discharge is attributable to the
manufacture of rum (as defined in paragraphs (3) of section
7652(c) of the Internal Revenue Code of 1986) shall not be
subject to the requirements of section 301 (other than toxic
discharges), section 306 or section 403 of the Federal Water
Pollution Control Act if--
(1) such discharge occurs at least one thousand five
hundred feet into the territorial sea from the line of
ordinary low water from that portion of the coast which
is in direct contact with the sea, and
(2) the Governor of the United States Virgin Islands
determines that such discharge will not interfere with
the attainment or maintenance of that water quality
which shall assure protection of public water supplies,
and the protection and propagation of a balanced
population of shellfish, fish, and wildlife, and allow
recreational activities, in and on the water and will
not result in the discharge of pollutants in quantities
which may reasonably be anticipated to pose an
unacceptable risk to human health or the environment
because of bioaccumulation, persistency in the
environment, acute toxicity, chronic toxicity
(including carcinogenicity, mutagenicity, or
teratogenicity), or synergistic propensities.
SEC. 215.\62\ INTERNATIONAL TRADE COMMISSION REPORTS ON IMPACT OF THIS
ACT.
(a) \63\ Reporting Requirements.--
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\62\ 19 U.S.C. 2704.
\63\ Sec. 211(d) of Public Law 106-200 (114 Stat. 287) amended and
restated subsec. (a), which previously read as follows:
``(a) Reporting Requirement.--
``The United States International Trade Commission (hereinafter in
this section referred to as the ``Commission'') shall prepare, and
submit to the Congress and to the President, a report regarding the
economic impact of this Act on United States industries and consumers
during--
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``(1) the twenty-four-month period beginning with the date of enactment
of this Act; and
``(2) each calendar year occurring thereafter until duty-free treatment
under this title is terminated under section 216(b).
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``For purposes of this section, industries in the Commonwealth of
Puerto Rico and the insular possessions of the United States shall be
considered to be United States industries.''.
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(1) In general.--The United States International
Trade Commission (in this section referred to as the
`Commission') shall submit to Congress and the
President biennial reports regarding the economic
impact of this title on United States industries and
consumers and on the economy of the beneficiary
countries.
(2) First report.--The first report shall be
submitted not later than September 30, 2001.
(3) Treatment of puerto rico, etc.--For purposes of
this section, industries in the Commonwealth of Puerto
Rico and the insular possessions of the United States
are considered to be United States industries.
(b)(1) Each report required under subsection (a) shall
include, but not be limited to, an assessment by the Commission
regarding--
(A) the actual effect, during the period covered by
the report, of this Act on the United States economy
generally as well as on those specific domestic
industries which produce articles that are like, or
directly competitive with, articles being imported into
the United States from beneficiary countries; and
(B) the probable future effect which this Act will
have on the United States economy generally, as well as
on such domestic industries, before the provisions of
this Act terminate.
(2) In preparing the assessments required under paragraph
(1), the Commission shall, to the extent practicable--
(A) analyze the production, trade and consumption of
United States products affected by this Act, taking
into consideration employment, profit levels, and use
of productive facilities with respect to the domestic
industries concerned, and such other economic factors
in such industries as it considers relevant, including
prices, wages, sales, inventories, patterns of demand,
capital investment, obsolescence of equipment, and
diversification of production; and
(B) describe the nature and extent of any significant
change in employment, profit levels, and use of
productive facilities, and such other conditions as it
deems relevant in the domestic industries concerned,
which it believes are attributable to this Act.
(c)(1) Each report required under subsection (a) shall be
submitted to the Congress and to the President before the close
of the nine-month period beginning on the day after the last
day of the period covered by the report.
(2) The Commission shall provide opportunity for the
submission by the public, either orally or in writing, or both,
of information relating to matters that will be addressed in
the reports.
SEC. 216.\64\ IMPACT STUDY BY SECRETARY OF LABOR.
The Secretary of Labor, in consultation with other
appropriate Federal agencies, shall undertake a continuing
review and analysis of the impact which the implementation of
the provisions of this title have with respect to United States
labor; and shall make an annual written report to Congress on
the results of such review and analysis.
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\64\ 19 U.S.C. 2705.
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SEC. 217. FEASIBILITY STUDY REGARDING A CARIBBEAN TRADE INSTITUTE.
(a) The Secretary of State shall prepare a study regarding
the feasibility of establishing a Caribbean Trade Institute in
Harlem, New York City, supported by a combination of Federal
and private funds.
(b) The study shall include, but not be limited to, an
assessment of the extent to which, and the means by which, a
Caribbean Trade Institute could--
(1) facilitate cooperation between public and private
entities interested in engaging in or furthering
Caribbean trade;
(2) serve as a catalyst for greater cultural exchange
between the United States and Caribbean nations; and
(3) facilitate expansion of job opportunities both in
the United States and the Caribbean Basin.
The study shall also include suggestions regarding the
organization and staffing of such an institute.
(c) The study required by this section shall be submitted
to the Congress within six months after the date of the
enactment of this Act.
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\65\ 19 U.S.C. 2706. Sec. 211 of the Caribbean Basin Economic
Recovery Expansion Act of 1990 (title II of Public Law 101-382; 104
Stat. 655) repealed sec. 218. It had provided the day of enactment of
the bill as an effective date for the subtitle, and terminated any
duty-free treatment previously extended to beneficiary countries under
this subtitle, effective September 30, 1995.
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SEC. 218.\65\ * * * [REPEALED--1990]
SEC. 219.\66\ CENTER FOR THE STUDY OF WESTERN HEMISPHERIC TRADE.
(a) Establishment.--The Commissioner of Customs, after
consultation with appropriate officials in the State of Texas,
is authorized and directed to make grants to an institution (or
a consortium of such institutions) to assist such institution
in planning, establishing, and operating a Center for the Study
of Western Hemispheric Trade (hereafter in this section
referred to as the ``Center''). The Commissioner of Customs
shall make the first grant not later than December 1, 1994, and
the Center shall be established not later than February 1,
1995.
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\66\ 19 U.S.C. 2707. Sec. 515(a) Sec. 107 of the North American
Free Trade Agreement Implementation Act (Public Law 103-182; 107 Stat.
2158) added sec. 219. Sec. 515(b) of that Act further provided the
following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for fiscal year 1994, and such sums as may be
necessary in the 3 succeeding fiscal years to carry out the purposes of
section 219 of the Caribbean Basin Economic Recovery Act (as added by
subsection (a)).''.
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(b) Scope of the Center.--The Center shall be a year-round
program operated by an institution located in the State of
Texas (or a consortium of such institutions), the purpose of
which is to promote and study trade between and among Western
Hemisphere countries. The Center shall conduct activities
designed to examine--
(1) the impact of the NAFTA on the economies in, and
trade within, the Western Hemisphere; \67\
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\67\ Sec. 21(d)(1) of Public Law 104-295 (110 Stat. 3530) struck
out a comma and inserted in lieu thereof a semicolon.
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(2) the negotiation of any future free trade
agreements, including possible accessions to the NAFTA;
and
(3) adjusting tariffs, reducing nontariff barriers,
improving relations among customs officials, and
promoting economic relations among countries in the
Western Hemisphere.
(c) Consultation; Selection Criteria.--The Commissioner of
Customs shall consult with appropriate officials of the State
of Texas and private sector authorities with respect to
selecting, planning, and establishing the Center. In selecting
the appropriate institution, the Commissioner of Customs shall
give consideration to--
(1) the institution's ability to carry out the
programs and activities described in this section; and
(2) any resources the institution can provide the
Center in addition to Federal funds provided under this
program.
(d) Programs and Activities.--The Center shall conduct the
following activities:
(1) Provide forums for international discussion and
debate for representatives from countries in the
Western Hemisphere regarding issues which affect trade
and other economic relations within the hemisphere,
including the impact of the NAFTA on individual
economies and the desirability and feasibility of
possible accessions to the NAFTA by such countries.
(2) Conduct studies and research projects on subjects
which affect Western Hemisphere trade, including
tariffs, customs, regional and national economics,
business development and finance, production and
personnel management, manufacturing, agriculture,
engineering, transportation, immigration,
telecommunications, medicine, science, urban studies,
border demographics, social anthropology, and
population.
(3) Publish materials, disseminate information, and
conduct seminars and conferences to support and educate
representatives from countries in the Western
Hemisphere who seek to do business with or invest in
other Western Hemisphere countries.
(4) Provide grants, fellowships, endowed chairs, and
financial assistance to outstanding scholars and
authorities from Western Hemisphere countries.
(5) Provide grants, fellowships, and other financial
assistance to qualified graduate students, from Western
Hemisphere countries, to study at the Center.
(6) Implement academic exchange programs and other
cooperative research and instructional agreements with
the complementary North/South Center \68\ at the
University of Miami at Coral Gables.
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\68\ Sec. 2(a) of the Dante B. Fascell North-South Center Act
(Public Law 106-929; 113 Stat. 54) provided that any reference in any
provision of law to the North/South Center ``shall be deemed to be a
reference to the `Dante B. Fascell North-South Center'.''.
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(e) Definitions.--For purposes of this section--
(1) NAFTA.--The term ``NAFTA'' means the North
American Free Trade Agreement.
(2) Western hemisphere countries.--The terms
``Western Hemisphere countries'', ``countries in the
Western Hemisphere'', and ``Western Hemisphere'' mean
Canada, the United States, Mexico, countries located in
South America, beneficiary countries (as defined by
section 212), the Commonwealth of Puerto Rico, and the
United States Virgin Islands.
(f) Fees for Seminars and Publications.--Notwithstanding
any other provision of law, a grant made under this section may
provide that the Center may charge a reasonable fee for
attendance at seminars and conferences and for copies of
publications, studies, reports, and other documents the Center
publishes. The Center may waive such fees in any case in which
it determines imposing a fee would impose a financial hardship
and the purposes of the Center would be served by granting such
a waiver.
(g) Duration of Grant.--The Commissioner of Customs is
directed to make grants to any institution or institutions
selected as the Center for fiscal years 1994, 1995, 1996, and
1997.
(h) Report.--The Commissioner of Customs shall, no later
than July 1, 1994, and annually thereafter for years for which
grants are made, submit a written report to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives. The first report shall include--
(1) a statement identifying the institution or
institutions selected as the Center; \69\
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\69\ Sec. 21(d)(2) of Public Law 104-295 (110 Stat. 3530) struck
out a comma and inserted in lieu thereof a semicolon.
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(2) the reasons for selecting the institution or
institutions as the Center; \71\ and
(3) the plan of such institution or institutions for
operating the Center.
Each subsequent report shall include information with respect
to the operations of the Center, the collaboration of the
Center with, and dissemination of information to, Government
policymakers and the business community with respect to the
study of Western Hemispheric trade by the Center, and the plan
and efforts of the Center to continue operations after grants
under this section have expired.
Subtitle B--Tax Provisions \70\
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\70\ Subtitle B amended secs. 7652 and 274(h) of the Internal
Revenue Code of 1986, relating to the payment of excise taxes collected
on rum to Puerto Rico and the U.S. Virgin Islands, and to the treatment
of Caribbean conventions, respectively.
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* * * * * * *
SEC. 223. REPORT WITH RESPECT TO USE OF CARIBBEAN BASIN TAX HAVENS.
The Secretary of the Treasury shall, not later than ninety
days after the date of the enactment of this Act, report to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate on--
(1) the level at which Caribbean Basin tax havens are
being used to evade or avoid Federal taxes, and the
effect on Federal revenues of such use,
(2) any information he may have on the relationship
of such use to drug trafficking and other criminal
activities, and
(3) current antitax haven enforcement activities of
the Department of the Treasury.
Subtitle C--Sense of the Congress Regarding Sugar Imports
SEC. 231. SUGAR IMPORTS.
It is the sense of the Congress that sugar from any
Communist country in the Caribbean Basin or in Central America
should not be imported into the United States.
(10) Tariff Treatment of Cuban Products \1\
Partial text of Public Law 87-456 [Tariff Classification Act of 1962;
H.R. 10607], 76 Stat. 72, approved May 24, 1962
AN ACT To amend the Tariff Act of 1930 and certain related laws to
provide for the restatement of the tariff classification provisions,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That:
This Act may be cited as the ``Tariff Classification Act of
1962''.
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\1\ See also the Cuban Democracy Act of 1992 (title XVII of Public
Law 102-484; 106 Stat. 2574; 22 U.S.C. 6001 et seq.).
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* * * * * * *
TITLE IV--TARIFF TREATMENT OF CUBAN PRODUCTS \2\
---------------------------------------------------------------------------
\2\ 19 U.S.C. 1351 note.
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Sec. 401. (a) Cuba is hereby declared to be a nation
described in section 5 of the Trade Agreements Extension Act of
1951, as amended (19 U.S.C. 1362, relating to imports from
nations and areas dominated or controlled by the foreign
government or foreign organization controlling the world
Communist movement). Articles which are--
(1) the growth, produce, or manufacture of Cuba, and
(2) imported on or after the date of enactment of
this Act (May 24, 1962),
shall be denied the benefits of concessions contained in any
trade agreement entered into under the authority of section 350
of the Tariff Act of 1930, as amended (19 U.S.C. 1351).
(b) Nothing in subsection (a) shall affect the rates of
duty or the customs or excise treatment of articles the growth,
produce, or manufacture of any country other than Cuba.
(c) Subsection (a) shall not apply on or after the date on
which the President proclaims that he has determined that Cuba
is no longer dominated or controlled by the foreign government
or foreign organization controlling the world Communist
movement.
(d) The Act of December 17, 1903 (19 U.S.C. 124, 125), and
section 316 of the Tariff Act of 1930, as amended (19 U.S.C.
1316), both relating to the implementation of the treaty with
Cuba concluded on December 11, 1902, shall not apply during the
period during which subsection (a) applies.
* * * * * * *
(11) Implementing the United States-Canada Free-Trade Agreement
Implementation Act
Executive Order 12662, December 31, 1988, 54 F.R. 785, 19 U.S.C. 2112
note
By virtue of the authority vested in me as President of the
United States of America, including the United States-Canada
Free-Trade Agreement Implementation Act of 1988 (Public Law
100-449, 102 Stat. 1851) (``FTA Implementation Act''),\1\ it is
hereby ordered as follows:
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\1\ For text of United States-Canada Free-Trade Agreement
Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1851), see
page 987.
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Section 1.\2\ Publication of Proposed Rules Regarding Technical
Standards. * * * [Superseded--1993]
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\2\ Sec. 4 of Executive Order 12889 superceded sec. 1; see page
1057.
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Sec. 2. Establishment of United States Secretariat.
Pursuant to subsection 405(e) of the FTA Implementation
Act, a ``United States Secretariat'' shall be established
within the International trade Administration of the Department
of Commerce. The Secretariat shall facilitate:
(1) the operation of Chapters 18 and 19 of the Free-
Trade Agreement, and
(2) the work of the binational panels and
extraordinary challenge committees convened under those
Chapters.
Sec. 3. Acceptance by the President of Panel and Committee Decisions.
In accordance with subsection 401(c) of the FTA
Implementation Act, in the event that the provisions of
subparagraph 516A(g)(7)(B) of the Tariff Act of 1930, as
amended, 19 U.S.C. section 1516a(g)(7)(B), take effect, I
accept, as a whole, all decisions of binational panels and
extraordinary challenge committees.
Sec. 4. Judicial Review.
This Order does not create any right or benefit,
substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any
person.
Sec. 5. Effective Date.
This Order shall take effect upon entry into force of the
Free-Trade Agreement.
(12) Implementation of the North American Free Trade Agreement
Executive Order 12889, December 27, 1993, 58 F.R. 69681, 19 U.S.C. 3311
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the North American Free Trade Agreement
Implementation Act (Public Law 103-182; 107 Stat. 2057) (the
NAFTA Implementation Act), and section 302 of title 3, United
States Code, and in order to implement the North American Free
Trade Agreement (NAFTA), it is hereby ordered:
Section 1. Establishment of United States Section of the
NAFTA Secretariat. Pursuant to section 105(a) of the NAFTA
Implementation Act, a United States section of the NAFTA
Secretariat shall be established within the Department of
Commerce and shall carry out the functions set out in that
section.
Sec. 2. Acceptance by the President of Panel and Committee
Decisions. Pursuant to subparagraph 516A(g)(7)(B) of the Tariff
Act of 1930, as amended, 19 U.S.C. 1516a(g)(7)(B), in the event
that the provisions of that subparagraph take effect, I accept,
as a whole, all decisions of binational panels and
extraordinary challenge committees.
Sec. 3. Implementation of Safeguard Provisions for Textile
and Apparel Goods. Pursuant to section 201 of the NAFTA
Implementation Act, the Committee for the Implementation of
Textile Agreements (the Committee) shall take such action as
necessary to implement the bilateral safeguard provisions
(tariff actions) set out in section 4 of Annex 300-B of the
NAFTA. The United States Customs Service shall take such
actions to carry out those safeguard provisions as directed by
the Secretary of the Treasury, upon the advice and
recommendation of the Chairman of the Committee.
Sec. 4. Publication of Proposed Rules Regarding Technical
Regulations and Sanitary and Phytosanitary Measures. (a) In
accordance with Articles 718 and 909 of the NAFTA, each agency
subject to the provisions of the Administrative Procedures Act,
as amended (5 U.S.C. 551 et seq.), shall, in applying section
553 of title 5, United States Code, with respect to any
proposed Federal technical regulation or any Federal sanitary
or phytosanitary measure of general application, other than a
regulation issued pursuant to section 104(a) of the NAFTA
Implementation Act, publish or serve notice of such regulation
or measure not less than 75 days before the comment due date,
except:
(1) in the case of a technical regulation relating to
perishable goods, in which case the agency shall, to
the greatest extent practicable, publish or serve
notice at least 30 days prior to adoption of such
regulation;
(2) in the case of a technical regulation, where the
United States considers it necessary to address an
urgent problem relating to safety or to protection of
human, animal or plant life or health, the environment
or consumers; or
(3) in the case of a sanitary or phytosanitary
measure, where the United States considers it necessary
to address an urgent problem relating to sanitary or
phytosanitary protection.
(b) For purposes of this section, the term ``sanitary or
phytosanitary measure'' shall be defined in accordance with
section 463 of the Trade Agreements Act of 1979, and
``technical regulation'' shall be defined in accordance with
section 473 of the Trade Agreements Act of 1979.
(c) This section supersedes section 1 of Executive Order
No. 12662 of December 31, 1988.
Sec. 5. Government Procurement Procedures. (a) Waiver.
(1) With respect to eligible products (as defined in
section 381(c) of the NAFTA Implementation Act) of Canada and
Mexico, and suppliers of such products, the application of any
law, regulation, procedure, or practice regarding Federal
Government procurement that would, if applied to such products
or suppliers, result in treatment less favorable than the most
favorable treatment accorded:
(A) to United States products and services and
suppliers of such products and services; or
(B) to eligible products of either Mexico or Canada,
shall be waived.
(2) This waiver shall be applied by all executive agencies
listed in Annexes 1 and 2 of this Executive order in
consultation with, and when deemed necessary at the direction
of, the United States Trade Representative (Trade
Representative).
(b) The Secretary of Defense, or his designee, in
consultation with the Trade Representative, shall be
responsible for determinations under Article 1018(1), pursuant
to Annex 1001.1b-1(A)(4), of the NAFTA. The Secretary of
Defense, or his designee, and the Trade Representative shall
establish procedures for this purpose.
(c) The executive agencies listed in Annex 2 are directed
to procure eligible products in compliance with the procedural
provisions of Chapter 10 of the NAFTA.
(d) The Trade Representative shall be responsible for
calculating and adjusting the threshold as required by Article
1001(1)(c) of the NAFTA.
(e) This order shall apply only to solicitations issued on
or after the date of entry into force of the NAFTA for the
United States.
(f) Although regulatory implementation of this order must
await revisions to the Federal Acquisitions Regulations (FAR),
it is expected that agencies listed in Annexes 1 and 2 of this
order will take all appropriate actions in the interim to
implement those aspects of the order that are not dependent
upon regulatory revision.
(g) Pursuant to section 25 of the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 421(a)), the
Federal Acquisition Regulatory Council shall ensure that the
policies established herein are incorporated in the FAR within
30 days from the date this order is issued.
Sec. 6. Government Use of Patented Technology. (a) Each
agency shall, within 30 days from the date this order is
issued, modify or adopt procedures to ensure compliance with
Article 1709(10) of the NAFTA regarding notice when patented
technology is used by or for the Federal Government without a
license from the owner, except that the requirement of Article
1709(10)(b) regarding reasonable efforts to obtain advance
authorization from the patent owner:
(1) is hereby waived for an invention used or
manufactured by or for the Federal Government, except
that the patent owner must be notified whenever the
agency or its contractor, without making a patent
search, knows or has demonstrable reasonable grounds to
know that an invention described in and covered by a
valid United States patent is or will be used or
manufactured without a license; and
(2) is waived whenever a national emergency or other
circumstances of extreme urgency exists, except that
the patent owner must be notified as soon as it is
reasonably practicable to do so.
(b) Agencies shall treat the term ``remuneration'' as used
in Articles 1709(10)(h) and (j) and 1715 of the NAFTA as
equivalent to ``reasonable and entire compensation'' as used in
section 1498 of title 28, United States Code.
(c) In addition to the general provisions of section 7 of
this order regarding enforceable rights, nothing in this order
is intended to suggest that the giving of notice to a patent
owner under Article 1709(10) of the NAFTA constitutes an
admission that the Federal Government has infringed a valid
privately-owned patent.
Sec. 7. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable at law
by a party against the United States, its agencies, its
officers, or any person.
Sec. 8. Effective Date. This order shall take effect upon
the date of entry into force of the NAFTA for the United
States.
Annex 1
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of State
Department of Transportation
Department of the Treasury
United States Agency for International Development
General Services Administration
National Aeronautics and Space Administration
Department of Veterans Affairs
Environmental Protection Agency
United States Information Agency
National Science Foundation
Panama Canal Commission
Executive Office of the President
Farm Credit Administration
National Credit Union Administration
Merit Systems Protection Board
ACTION Agency
United States Arms Control and Disarmament Agency
Office of Thrift Supervision
Federal Housing Finance Board
National Labor Relations Board
National Mediation Board
Railroad Retirement Board
American Battle Monuments Commission
Federal Communications Commission
Federal Trade Commission
Interstate Commerce Commission
Securities and Exchange Commission
Office of Personnel Management
United States International Trade Commission
Export-Import Bank of the United States
Federal Mediation and Conciliation Service
Selective Service System
Smithsonian Institution
Federal Deposit Insurance Corporation
Consumer Product Safety Commission
Equal Employment Opportunity Commission
Federal Maritime Commission
National Transportation Safety Board
Nuclear Regulatory Commission
Overseas Private Investment Corporation
Administrative Conference of the United States
Board for International Broadcasting
Commission on Civil Rights
Commodity Futures Trading Commission
Peace Corps
National Archives and Records Administration
Annex 2
The Power Marketing Administrations of the Department of
Energy
Tennessee Valley Authority
St. Lawrence Seaway Development Corporation
(13) Federal Implementation of the North American Agreement on
Environmental Cooperation
Executive Order 12915, May 13, 1994, 59 F.R. 25775, 19 U.S.C. 3472 note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the North American Free Trade Agreement
Implementation Act, Public Law 103-182; 107 Stat. 2057 (``NAFTA
Implementation Act''), and section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. Policy. (a) The North American Agreement on
Environmental Cooperation (``Environmental Cooperation
Agreement'') shall be implemented consistent with United States
policy for the protection of human, animal or plant life or
health, and the environment. The Environmental Cooperation
Agreement shall also be implemented to advance sustainable
development, pollution prevention, environmental justice,
ecosystem protection, and biodiversity preservation and in a
manner that promotes transparency and public participation in
accordance with the North American Free Trade Agreement
(``NAFTA'') and the Environmental Cooperation Agreement.
(b) Effective implementation of the Environmental
Cooperation Agreement is essential to the realization of the
environmental objectives of NAFTA and the NAFTA Implementation
Act and promotes cooperation on trade and environmental issues
between the United States, Canada, and Mexico.
Sec. 2. Implementation of the Environmental Cooperation
Agreement.
(a) Policy Priorities. In accordance with Article 10(2) of
the Environmental Cooperation Agreement, it is the policy of
the United States to promote consideration of, with a view
towards developing recommendations and reaching agreement on,
the following priorities within the Council of the Commission
for Environmental Cooperation (``Council''):
(1) pursuant to Article 10(2)(m), the environmental
impact of goods throughout their life cycles, including
the environmental effects of processes and production
methods and the internalization of environmental costs
associated with products from raw material to disposal;
(2) pursuant to Articles 10(2)(b), (g), (i), (j), and
(k), pollution prevention techniques and strategies,
transboundary and border environmental issues, the
conservation and protection of wild flora and fauna
(including endangered species), their habitats and
specially protected natural areas, and environmental
emergency preparedness and response activities;
(3) pursuant to Articles 10(3) and 10(4),
implementation of Environmental Cooperation Agreement
provisions and the exchange of information among the
United States, Canada, and Mexico concerning the
development, continuing improvement, and effective
enforcement of, and compliance with, environmental
laws, policies, incentives, regulations, and other
applicable standards;
(4) pursuant to Article 10(5)(a), public access to
environmental information held by public authorities of
each party to the Environmental Cooperation Agreement,
including information on hazardous materials and
activities in its communities, and the opportunity to
participate in decision-making processes related to
such public access;
(5) pursuant to Article 10(2)(1), environmental
matters as they relate to sustainable development; and
(6) other priorities as appropriate or necessary.
(b) United States Representation on the Council. The
Administrator of the Environmental Protection Agency (``EPA'')
shall be the representative of the United States on the
Council. The policies and positions of the United States in the
Council shall be coordinated through applicable interagency
procedures.
(c) Environmental Effects of the NAFTA. Pursuant to Article
10(6)(d) of the Environmental Cooperation Agreement, the
Administrator of the EPA shall work actively within the Council
to consider on an ongoing basis the environmental effects of
the NAFTA and review progress toward the objectives of the
Environmental Cooperation Agreement.
(d) Transparency and Public Participation. The United
States, as appropriate, shall endeavor to ensure the
transparency and openness of, and opportunities for the public
to participate in, activities under the Environmental
Cooperation Agreement.
(1) To the greatest extent practicable, pursuant to
Articles 15(1) and 15(2), where the Secretariat of the
Commission for Environmental Cooperation
(``Secretariat'') informs the Council that a factual
record is warranted, the United States shall support
the preparation of such factual record.
(2) To the greatest extent practicable, the United
States shall support public disclosure of all
nonconfidential and nonproprietary elements of reports,
factual records, decisions, recommendations, and other
information gathered or prepared by the Commission for
Environmental Cooperation (``Commission''). Where
requested information is not made available, the United
States shall endeavor to have the Commission state in
writing to the public its reasons for denial of the
request.
(3) The United States shall provide public notice of
the opportunity to apply for inclusion on a roster of
qualified individuals available to serve on arbitral
panels under the Environmental Cooperation Agreement.
(4) The United States shall seek to ensure that the
Model Rules of Procedure for dispute settlement
established pursuant to Articles 28(1) and 28(2) of the
Environmental Cooperation Agreement provide for the
preparation of public versions of written submissions
and arbitral reports not otherwise made publicly
available, and for public access to arbitral hearings.
(5) Consistent with the Environmental Cooperation
Agreement, the EPA Administrator shall develop
procedures to inform the public of arbitral proceedings
and Commission activities under the Environmental
Cooperation Agreement, and to provide appropriate
mechanisms for receiving public comment with respect to
such arbitral proceedings and Commission activities
involving the United States.
(6) As a disputing party, the United States shall
seek to ensure, pursuant to Article 30 of the
Environmental Cooperation Agreement, that the arbitral
panels consult with appropriate experts for information
and technical advice.
(e) Consultation with States. (1) Pursuant to Article 18 of
the Environmental Cooperation Agreement, the EPA Administrator
shall establish a governmental committee to furnish advice
regarding implementation and further elaboration of the
Agreement. Through this committee, or through other means as
appropriate, the EPA Administrator and other relevant Federal
agencies shall:
(A) inform States on a continuing basis of matters
under the Environmental Cooperation Agreement that
directly relate to, or will potentially have a direct
impact on, the States, including: (i) dispute
settlement proceedings and other matters involving
enforcement by the States of environmental laws; and
(ii) implementation of the Environmental Cooperation
Agreement, including Council, committee, and working
group activities, in any area in which the States
exercise concurrent or exclusive legislative,
regulatory, or enforcement authority;
(B) provide the States with an opportunity to submit
information and advice with respect to the matters
identified in section 2(e)(1)(A) of this order; and
(C) involve the States to the greatest extent
practicable at each stage of the development of United
States positions regarding matters identified in
section 2(e)(1)(A) if this order that will be addressed
by the Council, committees, subcommittees, or working
groups established under the Environmental Cooperation
Agreement, or through dispute settlement processes
prescribed under the Environmental Cooperation
Agreement (including involvement through the inclusion
of appropriate representatives of the States).
(2) When formulating positions regarding matters identified
in section 2(e)(1)(A) of this order, the United States shall
take into account the information and advice received from the
States.
(3) The United States, where appropriate, shall include
representatives of interested States as Members of the United
States delegations to the Council and other Commission bodies,
including arbitral panels.
Sec. 3. National Advisory Committee. The EPA Administrator
shall utilize a National Advisory Committee as provided under
Article 17 of the Environmental Cooperation Agreement.
Sec. 4. United States Contributions to the Commission for
Environmental Cooperation. In accordance with section 532(a)(2)
of the NAFTA Implementation Act, the EPA is designated as the
agency authorized to make the contributions of the United
states from funds available for such contributions to the
annual budget of the Commission for Environmental Cooperation.
Sec. 5. Judicial Review. This order is intended only to
improve the internal management of the executive branch and is
not intended to, and does not, create any right to
administrative or judicial review, or any other right or
benefit or trust responsibility, substantive or procedural,
enforceable by a party against the United States, its agencies
or instrumentalities, its officers or employees, or any other
person.
(14) Implementation of the Border Environment Cooperation Commission
and the North American Development Bank
Executive Order 12916, May 13, 1994, 59 F.R. 25779, 19 U.S.C. 3473 note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the North American Free Trade Agreement
Implementation Act, Public Law 103-182; 107 Stat. 2057 (``NAFTA
Implementation Act''), and section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. The Agreement Between the Government of the
United States of America and the Government of the United
Mexican States Concerning the Establishment of a Border
Environment Cooperation Commission and a North American
Development Bank (``Agreement'') shall be implemented
consistent with the United States policy for the protection of
human, animal or plant life or health, and the environment. The
Agreement shall also be implemented to advance sustainable
development, pollution prevention, environmental justice,
ecosystem protection, and biodiversity preservation and in a
manner that promotes transparency and public participation in
accordance with the North American Free Trade Agreement and the
Agreement.
Sec. 2. (a) The Administrator of the Environmental
Protection Agency and the United States Commission,
International Boundary and Water Commission, United States and
Mexico (``Commissioner''), shall represent the United States as
Members of the Board of Directors of the Border Environment
Cooperation Commission in accordance with the Agreement.
(b) The policies and positions of the United States in the
Border Environment Cooperation Commission shall be coordinated
through applicable interagency procedures, which shall include
participation by the Department of State, the Department of the
Treasury, the Department of Housing and Urban Development, the
Department of the Interior, the Agency for International
Development, the Environmental Protection Agency, and, as
appropriate, other Federal agencies.
(c) The Commission shall promote cooperation, as
appropriate, between the International Boundary and Water
Commission and the Border Environment Cooperation Commission in
planning, developing, carrying out border sanitation, and other
environmental activities.
Sec. 3. (a) The United States Government representatives to
the Board of the North American Development Bank shall be the
Secretary of the Treasury, the Secretary of State, and the
Administrator of the Environmental Protection Agency.
(b) For purposes of loans or guarantees for projects
certified by the Border Environment Cooperation Commission, the
representatives shall be instructed in accordance with the
procedures of the National Advisory Council on International
Monetary and Financial Policies (``Council'') as established by
Executive Order No. 11269. For purposes of this section only,
the membership of the Council shall be expanded to include the
Secretary of the Department of Housing and Urban Development,
the Secretary of the Interior, and the Administrator of the
Environmental Protection Agency.
(c) For purposes of loans or guarantees for projects
certified by the Border Environment Cooperation Commission, the
representatives shall consult with the Community Adjustment and
Investment Program Advisory Committee (``Advisory Committee''),
established pursuant to section 543(b) of the NAFTA
Implementation Act concerning community adjustment and
investment aspects of such loans or guarantees.
(d) For purposes of loans, guarantees, or grants endorsed
by the United States for community adjustment and investment,
the representatives shall be instructed by the Secretary of the
Treasury in accordance with procedures established by the
Community Adjustment and Investment Program Finance Committee
established pursuant to section 7 of this order.
Sec. 4. The functions vested in the President by section
543(a)(1) of the NAFTA Implementation Act are delegated to the
Secretary of the Treasury.
Sec. 5. The functions vested in the President by section
543(a)(2) and (3) of the NAFTA Implementation Act are delegated
to the Secretary of the Treasury, who shall exercise such
functions in accordance with the recommendations of the
Community Adjustment and Investment Program Finance Committee
established pursuant to section 7 of this order.
Sec. 6. The functions vested in the President by section
543(a)(5) and section 543(d) of the NAFTA Implementation Act
are delegated to the Community Adjustment and Investment
Program Finance Committee established pursuant to section 7 of
this order, which shall exercise such functions in consultation
with the Advisory Committee.
Sec. 7. (a) There is hereby established a Community
Adjustment and Investment Program Finance Committee (``Finance
Committee'').
(b) The Finance Committee shall be composed of
representatives from the Department of the Treasury, the
Department of Agriculture, the Department of Housing and Urban
Development, the Small Business Administration, and any other
Federal agencies selected by the Chair of the Finance Committee
to assist in carrying out the community adjustment and
investment program pursuant to section 543(a)(3) of the NAFTA
Implementation Act.
(c) The Department of the Treasury representative shall
serve as Chair of the Finance Committee. The Chair shall be
responsible for presiding over the meetings of the Finance
Committee, ensuring that the views of all other Members are
taken into account, coordinating with other appropriate United
States Government agencies in carrying out the community
adjustment and investment program, and requesting meetings of
the Advisory Committee pursuant to section 543(b)(4)(C) of the
NAFTA Implementation Act.
Sec. 8. Any advice or conclusions of reviews provided to
the President by the Advisory Committee pursuant to section
543(b)(3) of the NAFTA Implementation Act shall be provided
through the Finance Committee.
Sec. 9. Any summaries of public comments or conclusions of
investigations and audits provided to the President by the
ombudsman pursuant to section 543(c)(1) of the NAFTA
Implementation Act shall be provided through the Finance
Committee.
Sec. 10. The authority of the President under section 6 of
Public Law 102-532; 7 U.S.C. 5404, to establish an advisory
board to be known as the Good Neighbor Environmental Board is
delegated to the Administrator of the Environmental Protection
Agency.
Sec. 11. This order is intended only to improve the
internal management of the Executive branch and is not intended
to, and does not, create any right to administrative or
judicial review, or any other right or benefit or trust
responsibility, substantive or procedural, enforceable by a
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
(15) Interagency Task Force on the Economic Development of the
Southwest Border
Executive Order 13122, May 25, 1999, 64 F.R. 29201, 42 U.S.C. 3121
note; as amended by Executive Order 13284, January 23, 2003, 68 F.R.
4075
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to provide a more rapid and integrated Federal
response to the economic development challenges of the
Southwest Border region, it is hereby ordered as follows:
Section 1. Establishment of an Interagency Task Force on
the Economic Development of the Southwest Border. (a) There is
established the ``Interagency Task Force on the Economic
Development of the Southwest Border'' (Task Force) that reports
to the Vice President, as Chair of the President's Community
Empowerment Board (PCEB), and to the Assistant to the President
for Economic Policy, as Vice Chair of the PCEB.
(b) The Task Force shall comprise the Secretary of State,
Secretary of Agriculture, Secretary of Commerce, Secretary of
Defense, the Attorney General, Secretary of the Interior,
Secretary of Education, Secretary of Health and Human Services,
Secretary of Housing and Urban Development, Secretary of
Energy, Secretary of Labor, Secretary of Transportation,
Secretary of the Treasury, Secretary of Homeland Security,\1\
Director of the Office of Management and Budget, Director of
National Drug Control Policy, Administrator of General
Services, Administrator of the Small Business Administration,
Administrator of the Environmental Protection Agency, or their
designees, and such other senior executive branch officials as
may be determined by the Co-Chairs of the Task Force. The
Secretaries of the Treasury, Agriculture, and Labor shall Co-
Chair the Task Force, rotating annually. The agency chairing
the Task Force will provide administrative support for the Task
Force.
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\1\ Sec. 6 of Executive Order 13284 (68 F.R. 4075) inserted
``Secretary of Homeland Security,''.
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(c) The purpose of the Task Force is to coordinate and
better leverage existing Administration efforts for the
Southwest Border, in concert with locally led efforts, in order
to increase the living standards and the overall economic
profile of the Southwest Border so that it may achieve the
average of the Nation. Specifically, the Task Force shall:
(1) analyze the existing programs and policies of
Task Force members that relate to the Southwest Border
to determine what changes, modifications, and
innovations should be considered;
(2) consider statistical and data analysis, research,
and policy studies related to the Southwest Border;
(3) develop and recommend short-term and long-term
options for promoting sustainable economic development;
(4) consult and coordinate activities with State,
tribal, and local governments, community leaders,
Members of Congress, the private sector, and other
interested parties, paying particular attention to
maintaining existing authorities of the States, tribes,
and local governments, and preserving their existing
working relationships with other agencies,
organizations, or individuals;
(5) coordinate and collaborate on research and
demonstration priorities of Task Force member agencies
related to the Southwest Border;
(6) integrate Administration initiatives and programs
into the design of sustainable economic development
actions for the Southwest Border; and
(7) focus initial efforts on pilot communities for
implementing a coordinated and expedited Federal
response to local economic development and other needs.
(d) The Task Force shall issue an interim report to the
Vice President by November 15, 1999. The Task Force shall issue
its first annual report to the Vice President by April 15,
2000, with subsequent reports to follow yearly and a final
report on April 15, 2002. The reports shall describe the
actions taken by, and progress of, each member of the Task
Force in carrying out this order. The Task Force shall
terminate 30 days after submitting its final report unless a
Task Force consensus recommends continuation of activities.
Sec. 2. Specific Activities by Task Force Members and Other
Agencies. The agencies represented on the Task Force shall work
together and report their actions and progress in carrying out
this order to the Task Force Chair 1 month before the reports
are due to the Vice President under section 1(d) of this order.
Sec. 3. Cooperation. All efforts taken by agencies under
sections 1 and 2 of this order shall, as appropriate, further
partnerships and cooperation with organizations that represent
the Southwest Border and with State and local governments.
Sec. 4. (a) ``Agency'' means an executive agency as defined
in 5 U.S.C. 105.
(b) The ``Southwest Border'' or ``Southwest Border region''
is defined as including the areas up to 150 miles north of the
United States-Mexican border in the States of Arizona, New
Mexico, Texas, and California.
Sec. 5. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable at law
by a party against the United States, its agencies, its
officers, or any person.
(16) Implementation of Article VIII of the Agreement Establishing the
World Trade Organization
Executive Order 13042, April 9, 1997, 62 F.R. 18017, 19 U.S.C. 3511
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 101(b) of the Uruguay Round Agreements Act
(Public Law 103-465) and section 1 of the International
Organizations Immunities Act (22 U.S.C. 288), I hereby
implement for the United States the provisions of Article VIII
of the Agreements Establishing the World Trade Organization.
Section 1. The provisions of the Convention on the
Privileges and Immunities of the Specialized Agencies (U.N.
General Assembly Resolution 179 (II) of November 21, 1947, 33
U.N.T.S. 261) shall apply to the World Trade Organization, its
officials, and the Representatives of its members, provided:
(1) sections 19(b) and 15, regarding immunity from taxation,
and sections 13(d) and section 20, regarding immunity from
national service obligations, shall not apply to U.S. nationals
and aliens admitted for permanent residence; (2) with respect
to section 13(d) and section 19(c), regarding exemption from
immigration restrictions and alien registration requirements,
World Trade Organization officials and representatives of its
members shall be entitled to the same, and no greater,
privileges, exemptions, and immunities as are accorded under
similar circumstances to officers and employees of foreign
governments, and members of their families; (3) with respect to
section 9(a) regarding exemption from taxation, such exemption
shall not extend to taxes levied on real property, or that
portion of real property, which is not used for the purposes of
the World Trade Organization. The leasing or renting by the
World Trade Organization of its property to another entity or
person to generate revenue shall not be considered a use for
the purposes of the World Trade Organization. Whether property
or portions thereof are used for the purposes of the World
Trade Organization shall be determined within the sole
discretion of the Secretary of State or the Secretary's
designee; (4) with respect to section 25(2)(II) regarding
approval of orders to leave the United States, ``Foreign
Minister'' shall mean the Secretary of State or the Secretary's
designee.
Sec. 2. In addition and without impairment to the
protections extended above, having found that the World Trade
Organization is a public international organization in which
the United States participates within the meaning of the
International Organizations Immunities Act, I hereby designate
the World Trade Organization as a public international
organization entitled to enjoy the privileges, exemptions, and
immunities conferred by that Act, except that section 6 of that
Act, providing exemption from property tax imposed by, or under
the authority of, any Act of Congress, shall not extend to
taxes levied on property, or that portion of property, that is
not used for the purposes of the World Trade Organization. The
leasing or renting by the World Trade Organization of its
property to another entity or person to generate revenue shall
not be considered a use for the purposes of the World Trade
Organization. Whether property or portions thereof are used for
the purposes of the World Trade Organization shall be
determined within the sole discretion of the Secretary of State
or the Secretary's designee. This designation is not intended
to abridge in any respect privileges, exemptions, or immunities
that the World Trade Organization otherwise enjoys or may
acquire by international agreements or by congressional action.
(17) Implementation of the African Growth and Opportunity Act and the
United States-Caribbean Basin Trade Partnership Act
Executive Order 13191, January 17, 2001, 66 F.R. 7271, 19 U.S.C. 2703
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the African Growth and Opportunity Act (Title I of
Public Law 106-200) (AGOA), the United States-Caribbean Basin
Trade Partnership Act (Title II of Public Law 106-200) (CBTPA),
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.), and section 301 of title 3, United States Code, and in
order to expand international trade and enhance our economic
partnership with sub-Saharan Africa and the Caribbean Basin,
promote investment and economic development and reduce poverty
in those regions, and create new economic opportunities for
American workers and businesses, it is hereby ordered as
follows:
Part I--Implementation of the AGOA \1\
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\1\ Part I, regarding the implementation of the African Growth and
Opportunity Act (AGOA), can be found on page 1105.
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* * * * * * *
Part II--Implementation of the CBTPA
Sec. 6. Apparel Articles Assembled from Fabrics or Yarn Not
Available in Commercial Quantities. The Committee is authorized
to exercise the authority vested in the President under section
213(b)(2)(A)(v)(II)(aa) of the CBERA (19 U.S.C.
2703(b)(2)(A)(v)(II)(aa)), as added by section 211(a) of the
CBTPA, to determine whether yarns or fabrics cannot be supplied
by the domestic industry in commercial quantities in a timely
manner. The Committee shall establish procedures to ensure
appropriate public participation in any such determination. The
Committee and the USTR are jointly authorized to exercise the
authority vested in the President under sections
213(b)(2)(A)(v)(II)(bb), (cc), and (ee) of the CBERA (19 U.S.C.
2703(b)(2)(A)(v)(II)(bb), (cc), and (ee)), as added by section
211(a) of the CBTPA, to obtain advice from the appropriate
advisory committee, to submit a report to the appropriate
Congressional committees, and to consult with those
Congressional committees. The USTR is authorized to exercise
the authority vested in the President under section
213(b)(2)(A)(v)(II)(bb) of the CBERA to obtain advice from the
USITC.
Sec. 7. Certain Interlinings. The Committee is authorized
to exercise the authority vested in the President under section
213(b)(2)(A)(vii)(II)(cc) of the CBERA (19 U.S.C.
2703(b)(2)(A)(vii)(II)(cc)), as added by section 211(a) of the
CBTPA, to determine whether U.S. manufacturers are producing
interlinings in the United States in commercial quantities. The
Committee shall establish procedures to ensure appropriate
public participation in any such cetermination. The
determination or determinations of the Committee under this
section shall be set forth in a notice or notices that the
Committee shall cause to be published in the Federal Register.
The Commissioner shall take such actions to carry out any such
determination as directed by the Committee.
Sec. 8. Handloomed, Handmade, and Folklore Articles. The
Committee, after consultation with the Commissioner, is
authorized to exercise the authority vested in the President
under section 213(b)(2)(C) of the CBERA (19 U.S.C.
2703(b)(2)(C)), as added by section 211(a) of the CBTPA, to
consult with representatives of CBTPA beneficiary countries for
the purpose of identifying particular textile and apparel goods
that are mutually agreed upon as being handloomed, hand made,
or folklore goods within the meaning of that section. The
Commissioner shall take such actions to carry out any such
determination as directed by the Committee.
Sec. 9. Penalties for Transshipments. The Committee, after
consultation with the Commissioner, is authorized to exercise
the authority vested in the President under section
213(b)(2)(D) of the CBERA (19 U.S.C. 2703(b)(2)(D)), as added
by section 211(a) of the CBTPA, to determine, based on
sufficient evidence, whether an exporter has engaged in
transshipment and, if transshipment has occurred, to deny all
benefits under the CBTPA to any such exporter, and any
successor of such exporter, for a period of 2 years; to request
that any CBTPA beneficiary country through whose territory
transshipment has occurred take all necessary and appropriate
actions to prevent such transshipment; and to impose the
penalty provided in section 213(b)(2)(D)(ii) of the CBERA on a
CBTPA beneficiary country if the Committee determines that such
country is not taking such actions. The determination or
determinations of the Committee under this section shall be set
forth in a notice or notices that the Committee shall cause to
be published in the Federal Register. The Commissioner shall
take such actions to carry out any such determination as
directed by the Committee.
Sec. 10. Bilateral Emergency Tariff Actions. The Committee
is authorized to exercise the authority vested in the President
under section 213(b)(2)(E) of the CBERA (19 U.S.C.
2703(b)(2)(E)), as added by section 211(a) of the CBTPA, to
take bilateral emergency tariff actions, if the Committee
determines that the conditions provided in section 213(b)(2)(E)
of the CBERA are satisfied. The Committee shall establish
procedures to ensure appropriate public participation in any
such determination. The determination or determinations of the
Committee under this section shall be set forth in a notice or
notices that the Committee shall cause to be published in the
Federal Register. The Commissioner shall take such actions to
carry out any such bilateral emergency tariff action as
directed by the Committee.
Part III--General Provisions
Sec. 11. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its agencies,
its officers, or any person.
c. Implementation of Agreement With the European Community on
Government Procurement
Executive Order 12849 of May 25, 1993, 58 F.R. 30931, 19 U.S.C. 2511
note
Whereas, the United States and the European Community (EC) have
entered into a Memorandum of Understanding on Government
Procurement (Agreement) that provides appropriate
reciprocal competitive government procurement
opportunities;
Whereas, the commitments made in the Agreement are intended to
become part of an expanded General Agreement on Tariffs and
trade Agreement on Government Procurement (GATT Code) and
are an important step toward an expanded GATT Code;
Whereas, as a result of these commitments, U.S. businesses will
obtain increased access to EC member state procurement for
U.S. goods and services;
Whereas, I have determined that it is inconsistent with the
public interest to apply the restrictions of the Buy
American Act, as amended (41 U.S.C. 10a-10d), to
procurement covered by the Agreement;
NOW, THEREFORE, by virtue of the authority vested in me as
President by the Constitution and the laws of the United States
of America, including section 301 of title 3, United States
Code, and title III of the Trade Agreements Act of 1979, as
amended (19 U.S.C. 2511-2518), and in order to implement the
agreement, it is hereby ordered as follows:
Section 1. In applying the provisions of the Buy American
Act, the heads of the agencies listed in Annex 1, Parts A and
B, of this order are requested, as of the date of this order,
to apply no price differential between articles, materials, or
supplies of U.S. origin and those originating in the member
states of the EC.
Sec. 2. For purposes of this order, the rule of origin
specified in section 308 of the trade Agreements Act of 1979,
as amended (19 U.S.C. 2518), shall apply in determining whether
goods originate in the member states of the EC.
Sec. 3. This order shall apply only to solicitations,
issued by agencies listed in Annex 1, Parts A and B, of this
order, above the threshold amounts set for in Annex 2.
Sec. 4. This order shall apply to solicitations outstanding
on the date of this order, except for those for which the
initial deadline for receipt of bids or proposals has passed,
and to all solicitations issued after the date of this order.
Sec. 5. Except for procurements by the Department of
Defense, the United States Trade Representative (USTR) shall be
responsible for interpretation of the Agreement. The USTR shall
seek the advice of the interagency organization established
under section 242(a) of the trade Expansion Act of 1962 (19
U.S.C. 1872(a)) and consult with affected agencies, including
the Office of Federal Procurement Policy.
Sec. 6. This Executive order is effective immediately.
although regulatory implementation of this order must await
revisions to the Federal Acquisition Regulation (FAR), it is
expected that agencies listed in annex 1, Parts A and B, of
this order will take all appropriate actions in the interim to
implement those aspects of the order that are not dependent
upon regulatory revision.
Sec. 7. Pursuant to section 25 of the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 421(a)), the
Federal Acquisition Regulatory Council shall ensure that the
policies established herein are incorporated in the FAR within
30 days from the date this order is issued.
Annex 1A
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
(Not including national security procurement made in
support of safeguarding nuclear materials or technology
and entered into under the authority of the Atomic
Energy Act; and oil purchases related to the Strategic
Petroleum reserve)
Department of Health and Human Services
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of State
Department of Transportation
(The national security consideration currently
applicable to the Department of Defense under the GATT
Government Procurement Code is equally applicable under
this Agreement to the Coast Guard)
Department of the Treasury
United States Agency for International Development
General Services Administration (other than Federal Supply
Groups 51 and 52 and Federal Supply Class 7340)
National Aeronautics and Space Administration
Department of Veterans Affairs
Environmental Protection Agency
United States Information Agency
National Science Foundation
Panama Canal Commission
Executive Office of the President
Farm Credit Administration
National Credit Union Administration
Merit Systems Protection Board
ACTION Agency
United States Arms Control and Disarmament Agency
Office of Thrift Supervision
Federal Housing Finance Board
National Labor Relations Board
National Mediation Board
Railroad Retirement Board
American Battle Monuments Commission
Federal Communications Commission
Federal Trade Commission
Interstate Commerce Commission
Securities and Exchange Commission
Office of Personnel Management
United States International Trade Commission
Export-Import Bank of the United States
Federal Mediation and Conciliation Service
Selective Service System
Smithsonian Institution
Federal Deposit Insurance Corporation
Consumer Product Safety Commission
Equal Employment Opportunity Commission
Federal Maritime Commission
National Transportation Safety Board
Nuclear Regulatory Commission
Overseas Private Investment Corporation
Administrative Conference of the United States
Board for International Broadcasting
Commission on Civil Rights
Commodity Futures Trading Commission
The Peace Corps
National Archives and Records Administration
Annex 1B
The Power Marketing Administration of the Department of Energy
Tennessee Valley Authority
Annex 2
Thresholds Applicable to Agencies listed in Annex 1A
Goods contracts--130,000 SDRs (currently $176,000)
Construction contracts--$6,500,000
Thresholds Applicable to Agencies listed in Annex 1B
Goods contracts--$450,000
Construction contracts--$6,500,000
United States
d. U.S. Trade With Africa
(1) African Growth and Opportunity Act
Partial text of Public Law 106-200 [H.R. 434], 114 Stat. 251, approved
May 18, 2000; as amended by Public Law 107-210 [Trade Act of 2002; H.R.
3009], 116 Stat. 933, approved August 6, 2002; Public Law 108-274 [AGOA
Acceleration Act of 2004; H.R. 4103], 118 Stat. 820, approved July 13,
2004; and Public Law 108-429 [Miscellaneous Trade and Technical
Corrections Act of 2004; H.R. 1047], 118 Stat. 2434, approved December
3, 2004
AN ACT To authorize a new trade and investment policy for sub-Saharan
Africa, expand trade benefits to the countries in the Caribbean Basin,
renew the generalized system of preferences, and reauthorize the trade
adjustment assistance programs.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA
Subtitle A--Trade Policy for Sub-Saharan Africa
SEC. 101.\1\ SHORT TITLE.
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\1\ 19 U.S.C. 3701 note.
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This title may be cited as the ``African Growth and
Opportunity Act''.
SEC. 102.\2\ FINDINGS.
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\2\ 19 U.S.C. 3701.
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Congress finds that--
(1) it is in the mutual interest of the United States
and the countries of sub-Saharan Africa to promote
stable and sustainable economic growth and development
in sub-Saharan Africa;
(2) the 48 countries of sub-Saharan Africa form a
region richly endowed with both natural and human
resources;
(3) sub-Saharan Africa represents a region of
enormous economic potential and of enduring political
significance to the United States;
(4) the region has experienced the strengthening of
democracy as countries in sub-Saharan Africa have taken
steps to encourage broader participation in the
political process;
(5) certain countries in sub-Saharan Africa have
increased their economic growth rates, taken
significant steps towards liberalizing their economies,
and made progress toward regional economic integration
that can have positive benefits for the region;
(6) despite those gains, the per capita income in
sub-Saharan Africa averages approximately $500
annually;
(7) trade and investment, as the American experience
has shown, can represent powerful tools both for
economic development and for encouraging broader
participation in a political process in which political
freedom can flourish;
(8) increased trade and investment flows have the
greatest impact in an economic environment in which
trading partners eliminate barriers to trade and
capital flows and encourage the development of a
vibrant private sector that offers individual African
citizens the freedom to expand their economic
opportunities and provide for their families;
(9) offering the countries of sub-Saharan Africa
enhanced trade preferences will encourage both higher
levels of trade and direct investment in support of the
positive economic and political developments under way
throughout the region; and
(10) encouraging the reciprocal reduction of trade
and investment barriers in Africa will enhance the
benefits of trade and investment for the region as well
as enhance commercial and political ties between the
United States and sub-Saharan Africa.
SEC. 103.\3\ STATEMENT OF POLICY.
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\3\ 19 U.S.C. 3702.
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Congress supports--
(1) encouraging increased trade and investment
between the United States and sub-Saharan Africa;
(2) reducing tariff and nontariff barriers and other
obstacles to sub-Saharan African and United States
trade;
(3) expanding United States assistance to sub-Saharan
Africa's regional integration efforts;
(4) negotiating reciprocal and mutually beneficial
trade agreements, including the possibility of
establishing free trade areas that serve the interests
of both the United States and the countries of sub-
Saharan Africa;
(5) focusing on countries committed to the rule of
law, economic reform, and the eradication of poverty;
(6) strengthening and expanding the private sector in
sub-Saharan Africa, especially enterprises owned by
women and small businesses;
(7) facilitating the development of civil societies
and political freedom in sub-Saharan Africa;
(8) establishing a United States-Sub-Saharan Africa
Trade and Economic Cooperation Forum; and
(9) the accession of the countries in sub-Saharan
Africa to the Organization for Economic Cooperation and
Development (OECD) Convention on Combating Bribery of
Foreign Public Officials in International Business
Transactions.
SEC. 104.\4\ ELIGIBILITY REQUIREMENTS.
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\4\ 19 U.S.C. 3703.
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(a) In General.--The President is authorized to designate a
sub-Saharan African country as an eligible sub-Saharan African
country if the President determines that the country--
(1) has established, or is making continual progress
toward establishing--
(A) a market-based economy that protects
private property rights, incorporates an open
rules-based trading system, and minimizes
government interference in the economy through
measures such as price controls, subsidies, and
government ownership of economic assets;
(B) the rule of law, political pluralism, and
the right to due process, a fair trial, and
equal protection under the law;
(C) the elimination of barriers to United
States trade and investment, including by--
(i) the provision of national
treatment and measures to create an
environment conducive to domestic and
foreign investment;
(ii) the protection of intellectual
property; and
(iii) the resolution of bilateral
trade and investment disputes;
(D) economic policies to reduce poverty,
increase the availability of health care and
educational opportunities, expand physical
infrastructure, promote the development of
private enterprise, and encourage the formation
of capital markets through micro-credit or
other programs;
(E) a system to combat corruption and
bribery, such as signing and implementing the
Convention on Combating Bribery of Foreign
Public Officials in International Business
Transactions; and
(F) protection of internationally recognized
worker rights, including the right of
association, the right to organize and bargain
collectively, a prohibition on the use of any
form of forced or compulsory labor, a minimum
age for the employment of children, and
acceptable conditions of work with respect to
minimum wages, hours of work, and occupational
safety and health;
(2) does not engage in activities that undermine
United States national security or foreign policy
interests; and
(3) does not engage in gross violations of
internationally recognized human rights or provide
support for acts of international terrorism and
cooperates in international efforts to eliminate human
rights violations and terrorist activities.
(b) Continuing Compliance.--If the President determines that
an eligible sub-Saharan African country is not making continual
progress in meeting the requirements described in subsection
(a)(1), the President shall terminate the designation of the
country made pursuant to subsection (a).
SEC. 105.\5\ UNITED STATES-SUB-SAHARAN AFRICA TRADE AND ECONOMIC
COOPERATION FORUM.
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\5\ 19 U.S.C. 3704.
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(a) Declaration of Policy.--The President shall convene
annual high-level meetings between appropriate officials of the
United States Government and officials of the governments of
sub-Saharan African countries in order to foster close economic
ties between the United States and sub-Saharan Africa.
(b) Establishment.--Not later than 12 months after the date
of the enactment of this Act, the President, after consulting
with Congress and the governments concerned, shall establish a
United States-Sub-Saharan Africa Trade and Economic Cooperation
Forum (in this section referred to as the ``Forum'').
(c) Requirements.--In creating the Forum, the President shall
meet the following requirements:
(1) The President shall direct the Secretary of
Commerce, the Secretary of the Treasury, the Secretary
of State, and the United States Trade Representative to
host the first annual meeting with their counterparts
from the governments of sub-Saharan African countries
eligible under section 104, and those sub-Saharan
African countries that the President determines are
taking substantial positive steps towards meeting the
eligibility requirements in section 104. The purpose of
the meeting shall be to discuss expanding trade and
investment relations between the United States and sub-
Saharan Africa and the implementation of this title
including encouraging joint ventures between small and
large businesses. The President shall also direct the
Secretaries and the United States Trade Representative
to invite to the meeting representatives from
appropriate sub-Saharan African regional organizations
and government officials from other appropriate
countries in sub-Saharan Africa.
(2)(A) The President, in consultation with the
Congress, shall encourage United States nongovernmental
organizations to host annual meetings with
nongovernmental organizations from sub-Saharan Africa
in conjunction with the annual meetings of the Forum
for the purpose of discussing the issues described in
paragraph (1).
(B) The President, in consultation with the Congress,
shall encourage United States representatives of the
private sector to host annual meetings with
representatives of the private sector from sub-Saharan
Africa in conjunction with the annual meetings of the
Forum for the purpose of discussing the issues
described in paragraph (1).
(3) The President shall, to the extent practicable,
meet with the heads of governments of sub-Saharan
African countries eligible under section 104, and those
sub-Saharan African countries that the President
determines are taking substantial positive steps toward
meeting the eligibility requirements in section 104,
not less than once every 2 years for the purpose of
discussing the issues described in paragraph (1). The
first such meeting should take place not later than 12
months after the date of the enactment of this Act.
(d) Dissemination of Information by USIS.--In order to assist
in carrying out the purposes of the Forum, the United States
Information Service shall disseminate regularly, through
multiple media, economic information in support of the free
market economic reforms described in this title.
(e) HIV/AIDS Effect on the sub-Saharan African Workforce.--In
selecting issues of common interest to the United States-Sub-
Saharan Africa Trade and Economic Cooperation Forum, the
President shall instruct the United States delegates to the
Forum to promote a review by the Forum of the HIV/AIDS epidemic
in each sub-Saharan African country and the effect of the HIV/
AIDS epidemic on economic development in each country.
SEC. 106.\6\ REPORTING REQUIREMENT.
The President shall submit to the Congress, not later than 1
year after the date of the enactment of this Act, and annually
thereafter through 2008, a comprehensive report on the trade
and investment policy of the United States for sub-Saharan
Africa, and on the implementation of this title and the
amendments made by this title.
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\6\ 19 U.S.C. 3705.
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SEC. 107.\7\ SUB-SAHARAN AFRICA DEFINED.
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\7\ 19 U.S.C. 3706.
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For purposes of this title, the terms ``sub-Saharan Africa'',
``sub-Saharan African country'', ``country in sub-Saharan
Africa'', and ``countries in sub-Saharan Africa'' refer to the
following or any successor political entities:
Republic of Angola (Angola).\8\
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\8\ On December 3, 2003, in Presidential Proclamation 7748 (69 F.R.
225), the President designated the Republic of Angola as a beneficiary
sub-Saharan African country pursuant to sec. 506A(a) of the Trade Act
of 1974, and as a lesser developed beneficiary sub-Saharan African
country for purposes of sec. 112(b)(3)(b) of the AGOA.
Also in Presidential Proclamation 7748, the President terminated
the designation for the Central African Republic and the State of
Eritrea as beneficiary sub-Saharan African countries.
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Republic of Benin (Benin).\9\, \10\
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\9\ On October 2, 2000, in Presidential Proclamation 7350 (65 F.R.
59321), the President designated these countries as beneficiary sub-
Saharan African countries pursuant to sec. 506A(a) of the Trade Act of
1974. In addition, the President authorized the United States Trade
Representative (USTR) ``to perform the functions specified in sections
112(c) and 113(b)(1)(B) of the AGOA [African Growth and Opportunity
Act] and to make the findings identified in section 113(a) of the AGOA
and to perform certain functions under section 604 of the 1974 Act.''
The President also determined that ``it is appropriate to authorize the
USTR to determine the effective date of [Sierra Leone's] designation as
a beneficiary sub-Saharan African country.''.
\10\ On October 2, 2000, in Presidential Proclamation 7350 (65 F.R.
53921), the President designated these countries as lesser developed
beneficiary sub-Saharan African countries for purposes of sec.
112(b)(3)(b) of the AGOA.
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Republic of Botswana (Botswana).\9\
Burkina Faso (Burkina).\11\
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\11\ On December 10, 2004, in Presidential Proclamation 7853 (69
F.R. 74945), the President designated Burkina Faso as an eligible sub-
Saharan African country pursuant to sec. 104 of the AGOA, as a
beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
African country for purposes of sec. 112(b)(3)(b) of the AGOA.
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Republic of Burundi (Burundi).\12\
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\12\ On December 22, 2005, in Presidential Proclamation 7970 (70
F.R. 76647), the President designated Burundi as an eligible sub-
Saharan African country pursuant to sec. 104 of the AGOA, as a
beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
African country for purposes of sec. 112(b)(3)(b) of the AGOA.
In Presidential Proclamation 7970, the President further terminated
the designation for the Islamic Republic of Mauritania as a beneficiary
sub-Saharan African country.
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Republic of Cameroon (Cameroon).\9\, \10\
Republic of Cape Verde (Cape Verde).\9\,
\10\
Central African Republic.\8\, \10\
Republic of Chad (Chad).\10\
Federal Islamic Republic of the Comoros (Comoros).
Democratic Republic of Congo.\13\
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\13\ On March 28, 2003, in Presidential Proclamation 7657 (68, F.R.
15921), the President designated the Democratic Republic of Congo as an
eligible sub-Saharan African country pursuant to sec. 104 of the AGOA.
In addition, the President authorized the United States Trade
Representative (USTR) ``to exercise the authority provided to the
President under section 506A(a)(1) of the 1974 Act with respect to
DROC. The USTR shall announce any such exercise of authority in a
notice published in the Federal Register. To implement any designation
of DROC as a beneficiary sub-Saharan African country, the USTR is
authorized to exercise the authority provided to the President under
section 604 of the 1974 Act to embody modifications and technical or
conforming changes in the HTS.''. In a determination issued on October
30, 2003 (68 F.R. 62158), the USTR designated the Democratic Republic
of Congo as a beneficiary sub-Saharan African country and as a lesser
developed beneficiary sub-Saharan African country.
In Presidential Proclamation 7657 (68 F.R. 15921), the President
further designated the Republic of the Gambia as an eligible sub-
Saharan African country pursuant to sec. 104 of the AGOA, as a
beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
African country for purposes of sec. 112(b)(3)(b) of the AGOA.
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Republic of the Congo (Congo).\9\, \10\
Republic of Cote d'Ivoire (Cote d'Ivoire).\14\
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\14\ On May 16, 2002, in Presidential Proclamation 7561 (67 F.R.
35705), the President designated the Republic of Cote d'Ivoire as a
beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
African country for purposes of sec. 112(b)(3)(b) of the AGOA.
Subsequently, on December 21, 2004, in Presidential Proclamation
7858 (69 F.R. 77603), the President terminated the designation for the
Republic of Cote d'Ivoire as a beneficiary sub-Saharan African country.
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Republic of Djibouti (Djibouti).\9\, \10\
Republic of Equatorial Guinea (Equatorial Guinea).
State of Eritrea (Eritrea).\8\, \9\,
\10\
Ethiopia.\9\, \10\
Gabonese Republic (Gabon).\9\
Republic of the Gambia (Gambia).\13\
Republic of Ghana (Ghana).\9\,\10\
Republic of Guinea (Guinea).\9\, \10\
Republic of Guinea-Bissau (Guinea-Bissau).\9\,
\10\
Republic of Kenya (Kenya).\9\, \10\
Kingdom of Lesotho (Lesotho).\9\, \10\
Republic of Liberia (Liberia).
Republic of Madagascar (Madagascar).\9\,
\10\
Republic of Malawi (Malawi).\9\, \10\
Republic of Mali (Mali).\9\, \10\
Islamic Republic of Mauritania (Mauritania).\9\,
\10\, \12\
Republic of Mauritius (Mauritius).\9\
Republic of Mozambique (Mozambique).\9\,
\10\
Republic of Namibia (Namibia).\9\
Republic of Niger (Niger).\9\, \10\
Federal Republic of Nigeria (Nigeria).\9\,
\10\
Republic of Rwanda (Rwanda).\9\, \10\
Democratic Republic of Sao Tome and Principe (Sao
Tomei and Principe).\9\, \10\
Republic of Senegal (Senegal).\9\, \10\
Republic of Seychelles (Seychelles).\9\
Republic of Sierra Leone (Sierra Leone).\9\,
\10\
Somalia.
Republic of South Africa (South Africa).\9\
Republic of Sudan (Sudan).
Kingdom of Swaziland (Swaziland).\15\
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\15\ On January 17, 2001, in Presidential Proclamation 7400 (66
F.R. 7373), the President designated the Kingdom of Swaziland as a
beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
African country for purposes of sec. 112(b)(3)(b) of the AGOA.
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United Republic of Tanzania (Tanzania).\9\,
\10\
Republic of Togo (Togo).
Republic of Uganda (Uganda).\9\, \10\
Republic of Zambia (Zambia).\9\, \10\
Republic of Zimbabwe (Zimbabwe).
Subtitle B--Trade Benefits
SEC. 111.\16\ ELIGIBILITY FOR CERTAIN BENEFITS * * *
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\16\ Sec. 111 amends the Trade Act of 1974 by inserting a new sec.
506A (19 U.S.C. 2466a).
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SEC. 112.\17\ TREATMENT OF CERTAIN TEXTILES AND APPAREL.
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\17\ 19 U.S.C. 3721.
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(a) Preferential Treatment.--Textile and apparel articles
described in subsection (b) that are imported directly into the
customs territory of the United States from a beneficiary sub-
Saharan African country described in section 506A(c) of the
Trade Act of 1974, shall enter the United States free of duty
and free of any quantitative limitations in accordance with the
provisions set forth in subsection (b), if the country has
satisfied the requirements set forth in section 113.
(b) Products Covered.--The preferential treatment described
in subsection (a) shall apply only to the following textile and
apparel products:
(1) \18\ Apparel articles assembled in one or more
beneficiary sub-saharan african countries.--Apparel
articles sewn or otherwise assembled in one or more
beneficiary sub-Saharan African countries from fabrics
wholly formed and cut, or from components knit-to-
shape, in the United States from yarns wholly formed in
the United States, or both \19\ (including fabrics not
formed from yarns, if such fabrics are classifiable
under heading 5602 or 5603 of the Harmonized Tariff
Schedule of the United States and are wholly formed and
cut in the United States) that are--
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\18\ Sec. 3108(a)(1) of the Trade Act of 2002 (Public Law 107-210;
116 Stat. 1038) amended and restated para. (1). It previously read as
follows:
``(1) Apparel articles assembled in beneficiary sub-saharan african
countries.--Apparel articles assembled in one or more beneficiary sub-
Saharan African countries from fabrics wholly formed and cut in the
United States, from yarns wholly formed in the United States,
(including fabrics not formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603 of the Harmonized Tariff
Schedule of the United States and are wholly formed and cut in the
United States) that are--''.
\19\ Sec. 7(b)(1) of the AGOA Acceleration Act of 2004 (Public Law
108-274; 118 Stat. 824) inserted ``or both''.
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(A) entered under subheading 9802.00.80 of
the Harmonized Tariff Schedule of the United
States; or
(B) entered under chapter 61 or 62 of the
Harmonized Tariff Schedule of the United
States, if, after such assembly, the articles
would have qualified for entry under subheading
9802.00.80 of the Harmonized Tariff Schedule of
the United States but for the fact that the
articles were embroidered or subjected to
stone-washing, enzyme-washing, acid washing,
perma-pressing, oven-baking, bleaching,
garment-dyeing, screen printing, or other
similar processes.
(2) \20\ Other apparel articles assembled in one or
more beneficiary sub-saharan african countries.--
Apparel articles sewn or otherwise assembled in one or
more beneficiary sub-Saharan African countries with
thread formed in the United States from fabrics wholly
formed in the United States and cut in one or more
beneficiary Sub-Saharan African countries from yarns
wholly formed in the United States, or from components
knit-to-shape in the United States from yarns wholly
formed in the United States, or both (including fabrics
not formed from yarns, if such fabrics are classifiable
under heading 5602 or 5603 of the Harmonized Tariff
Schedule of the United States and are wholly formed in
the United States).
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\20\ Sec. 3108(a)(2) of the Trade Act of 2002 (Public Law 107-210;
116 Stat. 1038) amended and restated para. (2). It previously read as
follows:
``(2) Apparel articles cut and assembled in beneficiary sub-saharan
african countries.--Apparel articles cut in one or more beneficiary
sub-Saharan African countries from fabric wholly formed in the United
States from yarns wholly formed in the United States, (including
fabrics not formed from yarns, if such fabrics are classifiable under
heading 5602 or 5603 of the Harmonized Tariff Schedule of the United
States and are wholly formed in the United States) if such articles are
assembled in one or more beneficiary sub-Saharan African countries with
thread formed in the United States.''.
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(3) \21\ Apparel articles from regional fabric or
yarns.--Apparel articles wholly assembled in one or
more beneficiary sub-Saharan African countries from
fabric wholly formed in one or more beneficiary sub-
Saharan African countries from yarns originating in the
United States or one or more beneficiary sub-Saharan
African countries or former beneficiary sub-Saharan
African countries, or both\22\ (including fabrics not
formed from yarns, if such fabrics are classified under
heading 5602 or 5603 of the Harmonized Tariff Schedule
of the United States and are wholly formed in one or
more beneficiary sub-Saharan African countries), or
from components knit-to-shape in one or more
beneficiary sub-Saharan African countries from yarns
originating either in the United States or one or more
beneficiary sub-Saharan African countries, or apparel
articles wholly formed on seamless knitting machines in
a beneficiary sub-Saharan African country from yarns
originating in the United States or one or more
beneficiary sub-Saharan African countries or former
beneficiary sub-Saharan African countries, or both,\22\
whether or not the apparel articles are also made from
any of the fabrics, fabric components formed, or
components knit-to-shape described in paragraph (1) or
(2) (unless the apparel articles are made exclusively
from any of the fabrics, fabric components formed, or
components knit-to-shape described in paragraph (1) or
(2)),\23\ subject to the following:
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\21\ Sec. 3108(a)(3)(A) of the Trade Act of 2002 (Public Law 107-
210; 116 Stat. 1038) amended and restated the text preceding subpara.
(A) in para. (3). It previously read as follows:
``(3) Apparel articles assembled from regional and other fabric.--
Apparel articles wholly assembled in one or more beneficiary sub-
Saharan African countries from fabric wholly formed in one or more
beneficiary sub-Saharan African countries from yarn originating either
in the United States or one or more beneficiary sub-Saharan African
countries (including fabrics not formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603 of the Harmonized Tariff
Schedule of the United States and are wholly formed and cut in one or
more beneficiary sub-Saharan African countries), subject to the
following:''.
\22\ Sec. 7(b)(2)(A)(i) of the AGOA Acceleration Act of 2004
(Public Law 108-274; 118 Stat. 824) struck out ``either in the United
States or one or more beneficiary sub-Saharan African countries'' and
inserted in lieu thereof ``in the United States or one or more
beneficiary sub-Saharan African countries or former beneficiary sub-
Saharan African countries, or both''.
\23\ Sec. 7(b)(2)(A)(ii) of the AGOA Acceleration Act of 2004
(Public Law 108-274; 118 Stat. 824) inserted ``whether or not the
apparel articles are also made from any of the fabrics, fabric
components formed, or components knit-to-shape described in paragraph
(1) or (2) (unless the apparel articles are made exclusively from any
of the fabrics, fabric components formed, or components knit-to-shape
described in paragraph (1) or (2)),''.
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(A) \24\ Limitations on benefits.--
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\24\ Sec. 7(b)(2)(B) of the AGOA Acceleration Act of 2004 (Public
Law 108-274; 118 Stat. 824) amended and restated subparas. (A) and (B).
Previously, sec. 3108(a)(3)(B) of the Trade Act of 2002 (Public Law
107-210; 116 Stat. 1039) amended and restated para. (B).
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(i) In general.--Preferential
treatment under this paragraph shall be
extended in the 1-year period beginning
October 1, 2003, and in each of the 11
succeeding 1-year periods, to imports
of apparel articles in an amount not to
exceed the applicable percentage of the
aggregate square meter equivalents of
all apparel articles imported into the
United States in the preceding 12-month
period for which data are available.
(ii) Applicable percentage.--For
purposes of this subparagraph, the term
``applicable percentage'' means--
(I) 4.747 percent for the 1-
year period beginning October
1, 2003, increased in each of
the 5 succeeding 1-year periods
by equal increments, so that
for the 1-year period beginning
October 1, 2007, the applicable
percentage does not exceed 7
percent; and
(II) for each succeeding 1-
year period until September 30,
2015, not to exceed 7 percent.
(B) \24\ Special rule for lesser developed
countries.--
(i) In general.--Preferential
treatment under this paragraph shall be
extended though September 30, 2007, for
apparel articles wholly assembled, or
knit-to-shape and wholly assembled, or
both, in one or more lesser developed
beneficiary sub-Saharan African
countries, regardless of the country of
origin of the fabric or the yarn used
to make such articles, in an amount not
to exceed the applicable percentage of
the aggregate square meter equivalents
of all apparel articles imported into
the United States the preceding 12-
month period for which data are
available.
(ii) Applicable percentage.--For
purposes of the subparagraph, the term
``applicable percentage'' means--
(I) 2.3571 percent for the 1-
year period beginning October
1, 2003;
(II) 2.6428 percent for the
1-year period beginning October
1, 2004;
(III) 2.9285 percent for the
1-year period beginning October
1, 2005; and
(IV) 1.6071 percent for the
1-year period beginning October
1, 2006.
(iii) Lesser developed beneficiary
sub-saharan african country.--For
purposes of this subparagraph, the term
``lesser developed beneficiary sub-
Saharan African country'' means--
(I) a beneficiary sub-Saharan
African country that had a per
capita gross national product
of less than $1,500 in 1998, as
measured by the International
Bank for Reconstruction and
Development;
(II) Botswana; and
(III) Namibia.
(iv) \25\ Separate limitation for
mauritius.--For the 1-year period
beginning October 1, 2004--
(I) the term ``lesser
developed beneficiary sub-
Saharan African country''
includes Mauritius; and
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\25\ Sec. 2004(k)(1) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2595) added
clause (iv). Sec. 2004(k)(2) of such Act further stated that:
``(2) Retroactive application.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon
proper request filed with the Bureau of Customs and Border Protection
before the 90th day after the date of the enactment of this Act, any
entry, or withdrawal from warehouse for consumption, of any good--
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``(A) that was made on or after October 1, 2004, and before the date of
the enactment of this Act, and
``(B) with respect to which there would have been no duty if the
amendment made by this subsection applied to such entry or withdrawal,
``shall be liquidated or reliquidated as if such amendment applied to such
entry or withdrawal.''.
(II) the applicable
percentage with respect to
Mauritius shall be 5 percent of
the applicable percentage
described in clause (ii)(II).
(C) Surge mechanism.--
(i) Import monitoring.--The Secretary
of Commerce shall monitor imports of
articles described in this paragraph on
a monthly basis to determine if there
has been a surge in imports of such
articles. In order to permit public
access to preliminary international
trade data and to facilitate the early
identification of potentially
disruptive import surges, the Director
of the Office of Management and Budget
may grant an exception to the
publication dates established for the
release of data on United States
international trade in covered
articles, if the Director notifies
Congress of the early release of the
data.
(ii) Determination of damage or
threat thereof.--Whenever the Secretary
of Commerce determines, based on the
data described in clause (i), or
pursuant to a written request made by
an interested party, that there has
been a surge in imports of an article
described in this paragraph from a
beneficiary sub-Saharan African
country, the Secretary shall determine
whether such article from such country
is being imported in such increased
quantities as to cause serious damage,
or threat thereof, to the domestic
industry producing a like or directly
competitive article. If the Secretary's
determination is affirmative, the
President shall suspend the duty-free
treatment provided for such article
under this paragraph. If the inquiry is
initiated at the request of an
interested party, the Secretary shall
make the determination within 60 days
after the date of the request.
(iii) Factors to consider.--In
determining whether a domestic industry
has been seriously damaged, or is
threatened with serious damage, the
Secretary shall examine the effect of
the imports on relevant economic
indicators such as domestic production,
sales, market share, capacity
utilization, inventories, employment,
profits, exports, prices, and
investment.
(iv) Procedure.--
(I) Initiation.--The
Secretary of Commerce shall
initiate an inquiry within 10
days after receiving a written
request and supporting
information for an inquiry from
an interested party. Notice of
initiation of an inquiry shall
be published in the Federal
Register.
(II) Participation by
interested parties.--The
Secretary of Commerce shall
establish procedures to ensure
participation in the inquiry by
interested parties.
(III) Notice of
determination.--The Secretary
shall publish the determination
described in clause (ii) in the
Federal Register.
(IV) Information available.--
If relevant information is not
available on the record or any
party withholds information
that has been requested by the
Secretary, the Secretary shall
make the determination on the
basis of the facts available.
When the Secretary relies on
information submitted in the
inquiry as facts available, the
Secretary shall, to the extent
practicable, corroborate the
information from independent
sources that are reasonably
available to the Secretary.
(v) Interested party.--For purposes
of this subparagraph, the term
``interested party'' means any producer
of a like or directly competitive
article, a certified union or
recognized union or group of workers
which is representative of an industry
engaged in the manufacture, production,
or sale in the United States of a like
or directly competitive article, a
trade or business association
representing producers or sellers of
like or directly competitive articles,
producers engaged in the production of
essential inputs for like or directly
competitive articles, a certified union
or group of workers which is
representative of an industry engaged
in the manufacture, production, or sale
of essential inputs for the like or
directly competitive article, or a
trade or business association
representing companies engaged in the
manufacture, production, or sale of
such essential inputs.
(4) Sweaters knit-to-shape from cashmere or merino
wool.--
(A) Cashmere.--Sweaters, in chief weight of
cashmere, knit-to-shape in one or more
beneficiary sub-Saharan African countries and
classifiable under subheading 6110.10 of the
Harmonized Tariff Schedule of the United
States.
(B) Merino wool.--Sweaters, 50 percent or
more by weight of wool measuring 21.5 \26\
microns in diameter or finer, knit-to-shape in
one or more beneficiary sub-Saharan African
countries.
---------------------------------------------------------------------------
\26\ Sec. 3108(c) of the Trade Act of 2002 (Public Law 107-210; 116
Stat. 1038) struck out ``18.5'' and inserted in lieu thereof ``21.5''.
---------------------------------------------------------------------------
(5) Apparel articles wholly assembled from fabric or
yarn not available in commercial quantities in the
united states.--
(A) \27\ In general.--Apparel articles that
are both cut (or knit-to-shape) and sewn or
otherwise assembled in one or more beneficiary
sub-Saharan African countries, to the extent
that apparel articles of such fabrics or yarns
would be eligible for preferential treatment,
without regard to the source of the fabrics or
yarns, under Annex 401 to the NAFTA.
---------------------------------------------------------------------------
\27\ Sec. 7(b)(3) of the AGOA Acceleration Act of 2004 (Public Law
108-274; 118 Stat. 825) amended and restated para. (A). It previously
read as follows:
``(A) In general.--Apparel articles that are both cut (or knit-to-
shape) and sewn or otherwise assembled in one or more beneficiary sub-
Saharan African countries, from fabric or yarn that is not formed in
the United States or a beneficiary sub-Saharan African country, to the
extent that apparel articles of such fabrics or yarns would be eligible
for preferential treatment, without regard to the source of the fabric
or yarn, under Annex 401 to the NAFTA.''.
---------------------------------------------------------------------------
(B) Additional apparel articles.--At the
request of any interested party and subject to
the following requirements, the President is
authorized to proclaim the treatment provided
under subparagraph (A) for yarns or fabrics not
described in subparagraph (A) if--
(i) the President determines that
such yarns or fabrics cannot be
supplied by the domestic industry in
commercial quantities in a timely
manner;
(ii) the President has obtained
advice regarding the proposed action
from the appropriate advisory committee
established under section 135 of the
Trade Act of 1974 (19 U.S.C. 2155) and
the United States International Trade
Commission;
(iii) within 60 calendar days after
the request, the President has
submitted a report to the Committee on
Ways and Means of the House of
Representatives and the Committee on
Finance of the Senate that sets forth--
(I) the action proposed to be
proclaimed and the reasons for
such action; and
(II) the advice obtained
under clause (ii);
(iv) a period of 60 calendar days,
beginning with the first day on which
the President has met the requirements
of subclauses (I) and (II) of clause
(iii), has expired; and
(v) the President has consulted with
such committees regarding the proposed
action during the period referred to in
clause (iii).
(6) \28\ Handloomed, handmade, folklore articles and
ethnic printed fabrics.--
---------------------------------------------------------------------------
\28\ Sec. 7(c) of the AGOA Acceleration Act of 2004 (Public Law
108-274; 118 Stat. 825) amended and restated para. (6). It previously
read as follows:
``(6) Handloomed, handmade, and folklore articles.--A handloomed,
handmade, or folklore article of a beneficiary sub-Saharan African
country or countries that is certified as such by the competent
authority of such beneficiary country or countries. For purposes of
this paragraph, the President, after consultation with the beneficiary
sub-Saharan African country or countries concerned, shall determine
which, if any, particular textile and apparel goods of the country (or
countries) shall be treated as being handloomed, handmade, or folklore
articles.''.
---------------------------------------------------------------------------
(A) In general.--A handloomed, handmade,
folklore article or an ethnic printed fabric of
a beneficiary sub-Saharan African country or
countries that is certified as such by the
competent authority of such beneficiary country
or countries. For purposes of this section, the
President, after consultation with the
beneficiary sub-Saharan African country or
countries concerned, shall determine which, if
any, particular textile and apparel goods of
the country (or countries) shall be treated as
being handloomed, handmade, or folklore
articles or an ethic \29\ printed fabric.
---------------------------------------------------------------------------
\29\ Should probably read as ``ethnic''.
---------------------------------------------------------------------------
(B) Requirements for ethnic printed fabric.--
Ethnic printed fabrics qualified under this
paragraph are--
(i) fabrics containing a selvedge on
both edges, having a width of less than
50 inches, classifiable under
subheading 5208.52.30 or 5208.52.40 of
the Harmonized Tariff Schedule of the
United States;
(ii) of the type that contains
designs, symbols, and other
characteristics of African prints--
(I) normally produced for and
sold on the indigenous African
market; and
(II) normally sold in Africa
by the piece as opposed to
being tailored into garments
before being sold in indigenous
African markets;
(iii) printed, including waxed, in
one or more eligible beneficiary sub-
Saharan countries; and
(iv) fabrics formed in the United
States, from yarns formed in the United
States, or from fabric formed in one or
more beneficiary sub-Saharan African
country from yarn originating in either
the United States or one or more
beneficiary sub-Saharan African
countries.
(7) \30\ Apparel articles assembled in one or more
beneficiary sub-saharan african countries from united
states and beneficiary sub-saharan african country
components.--Apparel articles sewn or otherwise
assembled in one or more beneficiary sub-Saharan
African countries with thread formed in the United
States from components cut in the United States and one
or more beneficiary sub-Saharan African countries or
former beneficiary sub-Saharan African countries \31\
from fabric wholly formed in the United States from
yarns wholly formed in the United States, or from
components knit-to-shape in the United States and one
or more beneficiary sub-Saharan African countries or
former beneficiary sub-Saharan African countries \31\
from yarns wholly formed in the United States, or both
(including fabrics not formed from yarns, if such
fabrics are classifiable under heading 5602 or 5603 of
the Harmonized Tariff Schedule of the United States).
---------------------------------------------------------------------------
\30\ Sec. 3108(a)(5) of the Trade Act of 2002 (Public Law 107-210;
116 Stat. 1039) added para. (7).
\31\ Sec. 7(d) of the AGOA Acceleration Act of 2004 (Public Law
108-274; 118 Stat. 826) inserted ``or former beneficiary sub-Saharan
African countries''.
---------------------------------------------------------------------------
(c) Treatment of Quotas on Textile and Apparel Imports from
Kenya and Mauritius.--The President shall eliminate the
existing quotas on textile and apparel articles imported into
the United States--
(1) from Kenya within 30 days after that country
adopts an effective visa system to prevent unlawful
transshipment of textile and apparel articles and the
use of counterfeit documents relating to the
importation of the articles into the United States; and
(2) from Mauritius within 30 days after that country
adopts such a visa system.
The Customs Service shall provide the necessary technical
assistance to Kenya and Mauritius in the development and
implementation of the visa systems.
(d) Special Rules.--
(1) Findings and trimmings.--
(A) General rule.--An article otherwise
eligible for preferential treatment under this
section shall not be ineligible for such
treatment because the article contains findings
or trimmings of foreign origin, if the value of
such findings and trimmings do not exceed 25
percent of the cost of the components of the
assembled article. Examples of findings and
trimmings are sewing thread, hooks and eyes,
snaps, buttons, ``bow buds'', decorative lace
trim, elastic strips, and zippers, including
zipper tapes and labels. Elastic strips are
considered findings or trimmings only if they
are each less than 1 inch in width and used in
the production of brassieres.
(B) Certain interlinings.--
(i) General rule.--An article
otherwise eligible for preferential
treatment under this section shall not
be ineligible for such treatment
because the article contains certain
interlinings of foreign origin, if the
value of such interlinings (and any
findings and trimmings) does not exceed
25 percent of the cost of the
components of the assembled article.
(ii) Interlinings described.--
Interlinings eligible for the treatment
described in clause (i) include only a
chest type plate, a ``hymo'' piece, or
``sleeve header'', of woven or weft-
inserted warp knit construction and of
coarse animal hair or man-made
filaments.
(iii) Termination of treatment.--The
treatment described in this
subparagraph shall terminate if the
President makes a determination that
United States manufacturers are
producing such interlinings in the
United States in commercial quantities.
(C) Exception.--In the case of an article
described in subsection (b)(2), sewing thread
shall not be treated as findings or trimmings
under subparagraph (A).
(2) De minimis rule.--An article otherwise eligible
for preferential treatment under this section shall not
be ineligible for such treatment because the article
contains fibers or yarns not wholly formed in the
United States or one or more beneficiary sub-Saharan
African countries or former beneficiary sub-Saharan
African countries \32\ if the total weight of all such
fibers and yarns is not more than 10 percent \32\ of
the total weight of the article.
---------------------------------------------------------------------------
\32\ Sec. 7(e)(2) of the AGOA Acceleration Act of 2004 (Public Law
108-274; 118 Stat. 826) inserted ``or former beneficiary sub-Saharan
African countries'', and struck out ``7 percent'' and inserted in lieu
thereof ``10 percent''.
---------------------------------------------------------------------------
(3) \33\ Certain components.--An article otherwise
eligible for preferential treatment under this section
will not be ineligible for such treatment because the
article contains--
---------------------------------------------------------------------------
\33\ Sec. 7(e)(1) of the AGOA Acceleration Act of 2004 (Public Law
108-274; 118 Stat. 826) added para. (3).
---------------------------------------------------------------------------
(A) any collars or cuffs (cut or knit-to-
shape),
(B) drawstrings,
(C) shoulder pads or other padding,
(D) waistbands,
(E) belt attached to the article,
(F) straps containing elastic, or
(G) elbow patches,
that do not meet the requirements set forth in
subsection (b), regardless of the country of origin of
the item referred to in the applicable subparagraph of
this paragraph.
(e) Definitions.--In this section and section 113:
(1) Agreement on textiles and clothing.--The term
``Agreement on Textiles and Clothing'' means the
Agreement on Textiles and Clothing referred to in
section 101(d)(4) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(4)).
(2) Beneficiary sub-saharan african country, etc.--
The terms ``beneficiary sub-Saharan African country''
and ``beneficiary sub-Saharan African countries'' have
the same meaning as such terms have under section
506A(c) of the Trade Act of 1974.
(3) NAFTA.--The term ``NAFTA'' means the North
American Free Trade Agreement entered into between the
United States, Mexico, and Canada on December 17, 1992.
(4) \34\ Former sub-saharan african country.--The
term ``former \35\ sub-Saharan African country'' means
a country that, after being designated as a beneficiary
sub-Saharan African country under this Act, ceased to
be designated as such a beneficiary sub-Saharan country
by reason of its entering into a free trade agreement
with the United States.
---------------------------------------------------------------------------
\34\ Sec. 7(f) of the AGOA Acceleration Act of 2004 (Public Law
108-274; 118 Stat. 826) added para. (4).
\35\ The word ``beneficiary'' probably should have appeared at this
point.
---------------------------------------------------------------------------
(f) Effective Date.--This section takes effect on October 1,
2000, and shall remain in effect through September 30, 2008.
SEC. 113.\36\ PROTECTIONS AGAINST TRANSSHIPMENT.
---------------------------------------------------------------------------
\36\ 19 U.S.C. 3722.
---------------------------------------------------------------------------
(a) Preferential Treatment Conditioned on Enforcement
Measures.--
(1) In general.--The preferential treatment under
section 112(a) shall not be provided to textile and
apparel articles that are imported from a beneficiary
sub-Saharan African country unless that country--
(A) has adopted an effective visa system,
domestic laws, and enforcement procedures
applicable to covered articles to prevent
unlawful transshipment of the articles and the
use of counterfeit documents relating to the
importation of the articles into the United
States;
(B) has enacted legislation or promulgated
regulations that would permit United States
Customs Service verification teams to have the
access necessary to investigate thoroughly
allegations of transshipment through such
country;
(C) agrees to report, on a timely basis, at
the request of the United States Customs
Service, on the total exports from and imports
into that country of covered articles,
consistent with the manner in which the records
are kept by that country;
(D) will cooperate fully with the United
States to address and take action necessary to
prevent circumvention as provided in Article 5
of the Agreement on Textiles and Clothing;
(E) agrees to require all producers and
exporters of covered articles in that country
to maintain complete records of the production
and the export of covered articles, including
materials used in the production, for at least
2 years after the production or export (as the
case may be); and
(F) agrees to report, on a timely basis, at
the request of the United States Customs
Service, documentation establishing the country
of origin of covered articles as used by that
country in implementing an effective visa
system.
(2) Country of origin documentation.--For purposes of
paragraph (1)(F), documentation regarding the country
of origin of the covered articles includes
documentation such as production records, information
relating to the place of production, the number and
identification of the types of machinery used in
production, the number of workers employed in
production, and certification from both the
manufacturer and the exporter.
(b) Customs Procedures and Enforcement.--
(1) In general.--
(A) Regulations.--Any importer that claims
preferential treatment under section 112 shall
comply with customs procedures similar in all
material respects to the requirements of
Article 502(1) of the NAFTA as implemented
pursuant to United States law, in accordance
with regulations promulgated by the Secretary
of the Treasury.
(B) Determination.--
(i) In general.--In order to qualify
for the preferential treatment under
section 112 and for a Certificate of
Origin to be valid with respect to any
article for which such treatment is
claimed, there shall be in effect a
determination by the President that
each country described in clause (ii)--
(I) has implemented and
follows; or
(II) is making substantial
progress toward implementing
and following,
procedures and requirements similar in
all material respects to the relevant
procedures and requirements under
chapter 5 of the NAFTA.
(ii) Country described.--A country is
described in this clause if it is a
beneficiary sub-Saharan African
country--
(I) from which the article is
exported; or
(II) in which materials used
in the production of the
article originate or in which
the article or such materials,
undergo production that
contributes to a claim that the
article is eligible for
preferential treatment.
(2) Certificate of origin.--The Certificate of Origin
that otherwise would be required pursuant to the
provisions of paragraph (1) shall not be required in
the case of an article imported under section 112 if
such Certificate of Origin would not be required under
Article 503 of the NAFTA (as implemented pursuant to
United States law), if the article were imported from
Mexico.
(3) Penalties for exporters.--If the President
determines, based on sufficient evidence, that an
exporter has engaged in transshipment as defined in
paragraph (4), then the President shall deny for a
period of 5 years all benefits under section 112 to
such exporter, any successor of such exporter, and any
other entity owned or operated by the principal of the
exporter.
(4) Transshipment described.--Transshipment within
the meaning of this subsection has occurred when
preferential treatment for a textile or apparel article
under this Act has been claimed on the basis of
material false information concerning the country of
origin, manufacture, processing, or assembly of the
article or any of its components. For purposes of this
paragraph, false information is material if disclosure
of the true information would mean or would have meant
that the article is or was ineligible for preferential
treatment under section 112.
(5) Monitoring and reports to congress.--The Customs
Service shall monitor and the Commissioner of Customs
shall submit to Congress, not later than March 31 of
each year, a report on the effectiveness of the visa
systems and the implementation of legislation and
regulations described in subsection (a) and on measures
taken by countries in sub-Saharan Africa which export
textiles or apparel to the United States to prevent
circumvention as described in Article 5 of the
Agreement on Textiles and Clothing.
(c) Customs Service Enforcement.--The Customs Service shall--
(1) make available technical assistance to the
beneficiary sub-Saharan African countries--
(A) in the development and implementation of
visa systems, legislation, and regulations
described in subsection (a)(1)(A); and
(B) to train their officials in anti-
transshipment enforcement;
(2) send production verification teams to at least
four beneficiary sub-Saharan African countries each
year; and
(3) to the extent feasible, place beneficiary sub-
Saharan African countries on the Electronic Visa
(ELVIS) program.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out subsection (c) the sum of
$5,894,913.
SEC. 114.\37\ TERMINATION. * * *
---------------------------------------------------------------------------
\37\ Sec. 114 adds a new sec. 506B to the Trade Act of 1974.
---------------------------------------------------------------------------
SEC. 115.\38\ CLERICAL AMENDMENTS. * * *
---------------------------------------------------------------------------
\38\ Sec. 115 provides for additions to the table of contents of
the Trade Act of 1974.
---------------------------------------------------------------------------
SEC. 116.\39\ FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN
COUNTRIES.
---------------------------------------------------------------------------
\39\ 19 U.S.C. 3723.
---------------------------------------------------------------------------
(a) Declaration of Policy.--Congress declares that free trade
agreements should be negotiated, where feasible, with
interested countries in sub-Saharan Africa, in order to serve
as the catalyst for increasing trade between the United States
and sub-Saharan Africa and increasing private sector investment
in sub-Saharan Africa.
(b) Plan Requirement.--
(1) In general.--The President, taking into account
the provisions of the treaty establishing the African
Economic Community and the willingness of the
governments of sub-Saharan African countries to engage
in negotiations to enter into free trade agreements,
shall develop a plan for the purpose of negotiating and
entering into one or more trade agreements with
interested beneficiary sub-Saharan African countries.
(2) Elements of plan.--The plan shall include the
following:
(A) The specific objectives of the United
States with respect to negotiations described
in paragraph (1) and a suggested timetable for
achieving those objectives.
(B) The benefits to both the United States
and the relevant sub-Saharan African countries
with respect to the applicable free trade
agreement or agreements.
(C) A mutually agreed-upon timetable for the
negotiations.
(D) The implications for and the role of
regional and sub-regional organizations in sub-
Saharan Africa with respect to such free trade
agreement or agreements.
(E) Subject matter anticipated to be covered
by the negotiations and United States laws,
programs, and policies, as well as the laws of
participating eligible African countries and
existing bilateral and multilateral and
economic cooperation and trade agreements, that
may be affected by the agreement or agreements.
(F) Procedures to ensure the following:
(i) Adequate consultation with the
Congress and the private sector during
the negotiations.
(ii) Consultation with the Congress
regarding all matters relating to
implementation of the agreement or
agreements.
(iii) Approval by the Congress of the
agreement or agreements.
(iv) Adequate consultations with the
relevant African governments and
African regional and subregional
intergovernmental organizations during
the negotiation of the agreement or
agreements.
(c) Reporting Requirement.--Not later than 12 months after
the date of the enactment of this Act, the President shall
prepare and transmit to the Congress a report containing the
plan developed pursuant to subsection (b).
SEC. 117.\40\ ASSISTANT UNITED STATES TRADE REPRESENTATIVE FOR AFRICAN
AFFAIRS.
---------------------------------------------------------------------------
\40\ 19 U.S.C. 3724.
---------------------------------------------------------------------------
It is the sense of the Congress that--
(1) the position of Assistant United States Trade
Representative for African Affairs is integral to the
United States commitment to increasing United States-
sub-Saharan African trade and investment;
(2) the position of Assistant United States Trade
Representative for African Affairs should be maintained
within the Office of the United States Trade
Representative to direct and coordinate interagency
activities on United States-Africa trade policy and
investment matters and serve as--
(A) a primary point of contact in the
executive branch for those persons engaged in
trade between the United States and sub-Saharan
Africa; and
(B) the chief advisor to the United States
Trade Representative on issues of trade and
investment with Africa; and
(3) the United States Trade Representative should
have adequate funding and staff to carry out the duties
of the Assistant United States Trade Representative for
African Affairs described in paragraph (2), subject to
the availability of appropriations.
Subtitle C--Economic Development Related Issues
tigua and Barbuda \8\
Note.--Secs. 121 through 131 of the Act are found in
Legislation on Foreign Relations Through 2005, vol. I-
B.
* * * * * * *
(2) AGOA Acceleration Act of 2004
Partial text of Public Law 108-274 [H.R. 4103], 118 Stat. 820, approved
July 13, 2004; as amended by Public Law 108-429 [Miscellaneous Trade
and Technical Corrections Act of 2004; H.R. 1047], 118 Stat. 2434,
approved December 3, 2004
AN ACT To extend and modify the trade benefits under the African Growth
and Opportunity Act.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``AGOA Acceleration Act of
2004''.
---------------------------------------------------------------------------
\1\ 19 USC 3701 note.
---------------------------------------------------------------------------
SEC. 2.\1\ FINDINGS.
The Congress finds the following:
(1) The African Growth and Opportunity Act (in this
section and section 3 referred to as ``the Act'') has
helped to spur economic growth and bolster economic
reforms in the countries of sub-Saharan Africa and has
fostered stronger economic ties between the countries
of sub-Saharan Africa and the United States; as a
result, exports from the United States to sub-Saharan
Africa reached record levels after the enactment of the
Act, while exports from sub-Saharan Africa to the
United States have increased considerably.
(2) The Act's eligibility requirements have
reinforced democratic values and the rule of law, and
have strengthened adherence to internationally
recognized worker rights in eligible sub-Saharan
African countries.
(3) The Act has helped to bring about substantial
increases in foreign investment in sub-Saharan Africa,
especially in the textile and apparel sectors, where
tens of thousands of new jobs have been created.
(4) As a result of the Agreement on Textiles and
Apparel of the World Trade Organization, under which
quotas maintained by WTO member countries on textile
and apparel products end on January 1, 2005, sub-
Saharan Africa's textile and apparel industry will be
severely challenged by countries whose industries are
more developed and have greater capacity, economies of
scale, and better infrastructure.
(5) The underdeveloped physical and financial
infrastructure in sub-Saharan Africa continues to
discourage investment in the region.
(6) Regional integration establishes a foundation on
which sub-Saharan African countries can coordinate and
pursue policies grounded in African interests and
history to achieve sustainable development.
(7) Expanded trade because of the Act has improved
fundamental economic conditions within sub-Saharan
Africa. The Act has helped to create jobs in the
poorest region of the world, and most sub-Saharan
African countries have sought to take advantage of the
opportunities provided by the Act.
(8) Agricultural biotechnology holds promise for
helping solve global food security and human health
crises in Africa and, according to recent studies, has
made contributions to the protection of the environment
by reducing the application of pesticides, reducing
soil erosion, and creating an environment more
hospitable to wildlife.
(9)(A) One of the greatest challenges facing African
countries continues to be the HIV/AIDS epidemic, which
has infected as many as one out of every four people in
some countries, creating tremendous social, political,
and economic costs. African countries need continued
United States financial and technical assistance to
combat this epidemic.
(B) More awareness and involvement by governments are
necessary. Countries like Uganda, recognizing the
threat of HIV/AIDS, have boldly attacked it through a
combination of education, public awareness, enhanced
medical infrastructure and resources, and greater
access to medical treatment. An effective HIV/AIDS
prevention and treatment strategy involves all of these
steps.
(10) African countries continue to need trade
capacity assistance to establish viable economic
capacity, a well-grounded rule of law, and efficient
government practices.
SEC. 3.\1\ STATEMENT OF POLICY.
The Congress supports--
(1) a continued commitment to increase trade between
the United States and sub-Saharan Africa and increase
investment in sub-Saharan Africa to the benefit of
workers, businesses, and farmers in the United States
and in sub-Saharan Africa, including by developing
innovative approaches to encourage development and
investment in sub-Saharan Africa;
(2) a reduction of tariff and nontariff barriers and
other obstacles to trade between the countries of sub-
Saharan Africa and the United States, with particular
emphasis on reducing barriers to trade in emerging
sectors of the economy that have the greatest potential
for development;
(3) development of sub-Saharan Africa's physical and
financial infrastructure;
(4) international efforts to fight HIV/AIDS, malaria,
tuberculosis, other infectious diseases, and serious
public health problems;
(5) many of the aims of the New Partnership for
African Development (NEPAD), which include--
(A) reducing poverty and increasing economic
growth;
(B) promoting peace, democracy, security, and
human rights;
(C) promoting African integration by
deepening linkages between African countries
and by accelerating Africa's economic and
political integration into the rest of the
world;
(D) attracting investment, debt relief, and
development assistance;
(E) promoting trade and economic
diversification;
(F) broadening global market access for
United States and African exports;
(G) improving transparency, good governance,
and political accountability;
(H) expanding access to social services,
education, and health services with a high
priority given to addressing HIV/AIDS, malaria,
tuberculosis, other infectious diseases, and
other public health problems;
(I) promoting the role of women in social and
economic development by reinforcing education
and training and by assuring their
participation in political and economic arenas;
and
(J) building the capacity of governments in
sub-Saharan Africa to set and enforce a legal
framework, as well as to enforce the rule of
law;
(6) negotiation of reciprocal trade agreements
between the United States and sub-Saharan African
countries, with the overall goal of expanding trade
across all of sub-Saharan Africa;
(7) the President seeking to negotiate, with
interested eligible sub-Saharan African countries,
bilateral trade agreements that provide investment
opportunities, in accordance with section 2102(b)(3) of
the Trade Act of 2002 (19 U.S.C. 3802(b)(3));
(8) efforts by the President to negotiate with the
member countries of the Southern African Customs Union
in order to provide the opportunity to deepen and make
permanent the benefits of the Act while giving the
United States access to the markets of these African
countries for United States goods and services, by
reducing tariffs and non-tariff barriers, strengthening
intellectual property protection, improving
transparency, establishing general dispute settlement
mechanisms, and investor-state and state-to-state
dispute settlement mechanisms in investment;
(9) a comprehensive and ambitious trade agreement
with the Southern African Customs Union, covering all
products and sectors, in order to mature the economic
relationship between sub-Saharan African countries and
the United States and because such an agreement would
deepen United States economic and political ties to the
region, lend momentum to United States development
efforts, encourage greater United States investment,
and promote regional integration and economic growth;
(10) regional integration among sub-Saharan African
countries and business partnerships between United
States and African firms; and
(11) economic diversification in sub-Saharan African
countries and expansion of trade beyond textiles and
apparel.
SEC. 4.\1\ SENSE OF CONGRESS ON RECIPROCITY AND REGIONAL ECONOMIC
INTEGRATION.
It is the sense of the Congress that--
(1) the preferential market access opportunities for
eligible sub-Saharan African countries will be
complemented and enhanced if those countries are
implementing actively and fully, consistent with any
remaining applicable phase-in periods, their
obligations under the World Trade Organization,
including obligations under the Agreement on Trade-
Related Aspects of Intellectual Property, the Agreement
on the Application of Sanitary and Phytosanitary
Measures, and the Agreement on Trade-Related Investment
Measures, as well as the other agreements described in
section 101(d) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d));
(2) eligible sub-Saharan African countries should
participate in and support mutual trade liberalization
in ongoing negotiations under the auspices of the World
Trade Organization, including by making reciprocal
commitments with respect to improving market access for
industrial and agricultural goods, and for services,
recognizing that such commitments may need to reflect
special and differential treatment for developing
countries;
(3) some of the most pernicious trade barriers
against exports by developing countries are the trade
barriers maintained by other developing countries;
therefore, eligible sub-Saharan African countries will
benefit from the reduction of trade barriers in other
developing countries, especially in developing
countries that represent some of the greatest potential
markets for African goods and services; and
(4) all countries should make sanitary and
phytosanitary decisions on the basis of sound science.
SEC. 5.\1\ SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL
PROVISIONS OF AGOA.
It is the sense of the Congress that the executive branch,
particularly the Committee for the Implementation of Textile
Agreements (CITA), the Bureau of Customs and Border Protection
of the Department of Homeland Security, and the Department of
Commerce, should interpret, implement, and enforce the
provisions of section 112 of the African Growth and Opportunity
Act, relating to preferential treatment of textile and apparel
articles, broadly in order to expand trade by maximizing
opportunities for imports of such articles from eligible sub-
Saharan African countries.
SEC. 6.\1\ DEFINITION.
In this Act, the term ``eligible sub-Saharan African
country'' means an eligible sub-Saharan African country under
the African Growth and Opportunity Act.
SEC. 7.\1\ EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT.\2\ * * *
---------------------------------------------------------------------------
\2\ Sec. 7 consists of amendments to the Trade Act of 1974 and the
African Growth and Opportunity Act and have been incorporated at the
appropriate sections of those Acts.
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SEC. 8.\1\ ENTRIES OF CERTAIN APPAREL ARTICLES PURSUANT TO THE AFRICAN
GROWTH AND OPPORTUNITY ACT.
(a) In General.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law, the
Secretary of the Treasury shall liquidate or reliquidate as
free of duty and free of any quantitative restrictions,
limitations, or consultation levels entries of articles
described in subsection (d) made on or after October 1, 2000,
and before the date of the enactment of this Act.
(b) \3\ Requests.--Liquidation or reliquidation may be made
under subsection (a) with respect to an entry described in
subsection (d) only if a request therefor is filed with the
Secretary of the Treasury within 90 days after the date of the
enactment of this Act and the request contains sufficient
information to enable the Secretary to locate the entry or
reconstruct the entry if it cannot be located.
---------------------------------------------------------------------------
\3\ Sec. 2004(j)(2)(B) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2595) provided
that sec. 8(b) of the AGOA Acceleration Act of 2004 shall be applied
with respect to the amendment made by sec. 2004(j)(1) to sec. 8(d) of
this Act ``by substituting `90 days after the date of the enactment of
the Miscellaneous Trade and Technical Corrections Act of 2004' for `90
days after the date of the enactment of this Act'.''.
---------------------------------------------------------------------------
(c) Payment of Amounts Owed.--Any amounts owed by the United
States pursuant to the liquidation or reliquidation of any
entry under subsection (a) shall be paid not later than 180
days after the date of such liquidation or reliquidation.
(d) Entries.--The entries referred to in subsection (a) are
entries of apparel articles that meet the requirements of
section 112 \4\ of the African Growth and Opportunity Act, as
amended by section 3108 of the Trade Act of 2002 and this Act.
---------------------------------------------------------------------------
\4\ Sec. 2004(j)(1) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2595) struck out
``section 112(b)'' and inserted in lieu thereof ``section 112''. Sec.
2204(j)(2)(A) further provided that ``The amendment made by paragraph
(1) shall take effect as if included in the enactment of section 8 of
the AGOA Acceleration Act of 2004.''
---------------------------------------------------------------------------
SEC. 9.\1\ DEVELOPMENT STUDY AND CAPACITY BUILDING.
(a) Reports.--The President shall, by not later than 1 year
after the date of the enactment of this Act, conduct a study on
each eligible sub-Saharan African country, that--
(1) identifies sectors of the economy of that country
with the greatest potential for growth, including
through export sales;
(2) identifies barriers, both domestically and
internationally, that are impeding growth in such
sectors; and
(3) makes recommendations on how the United States
Government and the private sector can provide technical
assistance to that country to assist in dismantling
such barriers and in promoting investment in such
sectors.
(b) Dissemination of Information.--The President shall
disseminate information in each study conducted under
subsection (a) to the appropriate United States agencies for
the purpose of implementing recommendations on the provision of
technical assistance and in identifying opportunities for
United States investors, businesses, and farmers.
SEC. 10.\1\ ACTIVITIES IN SUPPORT OF INFRASTRUCTURE TO SUPPORT
INCREASING TRADE CAPACITY AND ECOTOURISM.
(a) Findings.--The Congress finds the following:
(1) Ecotourism, which consists of--
(A) responsible and sustainable travel and
visitation to relatively undisturbed natural
areas in order to enjoy and appreciate nature
(and any accompanying cultural features, both
past and present) and animals, including
species that are rare or endangered,
(B) promotion of conservation and provision
for beneficial involvement of local
populations, and
(C) visitation designed to have low negative
impact upon the environment,
is expected to expand 30 percent globally over the next
decade.
(2) Ecotourism will increase trade capacity by
sustaining otherwise unsustainable infrastructure, such
as road, port, water, energy, and telecommunication
development.
(3) According to the United States Department of
State and the United Nations Environment Programme,
sustainable tourism, such as ecotourism, can be an
important part of the economic development of a region,
especially a region with natural and cultural protected
areas.
(4) Sub-Saharan Africa enjoys an international
comparative advantage in ecotourism because it features
extensive protected areas that host a variety of
ecosystems and traditional cultures that are major
attractions for nature-oriented tourism.
(5) National parks and reserves in sub-Saharan Africa
should be considered a basis for regional development,
involving communities living within and adjacent to
them and, given their strong international recognition,
provide an advantage in ecotourism marketing and
promotion.
(6) Desert areas in sub-Saharan Africa represent
complex ecotourism attractions, showcasing natural,
geological, and archaeological features, and nomad and
other cultures and traditions.
(7) Many natural zones in sub-Saharan Africa cross
the political borders of several countries; therefore,
transboundary cooperation is fundamental for all types
of ecotourism development.
(8) The commercial viability of ecotourism is
enhanced when small and medium enterprises,
particularly microenterprises, successfully engage with
the tourism industry in sub-Saharan Africa.
(9) Adequate capacity building is an essential
component of ecotourism development if local
communities are to be real stakeholders that can
sustain an equitable approach to ecotourism management.
(10) Ecotourism needs to generate local community
benefits by utilizing sub-Saharan Africa's natural
heritage, parks, wildlife reserves, and other protected
areas that can play a significant role in encouraging
local economic development by sourcing food and other
locally produced resources.
(b) Action by the President.--The President shall develop and
implement policies to--
(1) encourage the development of infrastructure
projects that will help to increase trade capacity and
a sustainable ecotourism industry in eligible sub-
Saharan African countries;
(2) encourage and facilitate transboundary
cooperation among sub-Saharan African countries in
order to facilitate trade;
(3) encourage the provision of technical assistance
to eligible sub-Saharan African countries to establish
and sustain adequate trade capacity development; and
(4) encourage micro-, small-, and medium-sized
enterprises in eligible sub-Saharan African countries
to participate in the ecotourism industry.
SEC. 11.\1\ ACTIVITIES IN SUPPORT OF TRANSPORTATION, ENERGY,
AGRICULTURE, AND TELECOMMUNICATIONS INFRASTRUCTURE.
(a) Findings.--The Congress finds the following:
(1) In order to increase exports from, and trade
among, eligible sub-Saharan African countries,
transportation systems in those countries must be
improved to increase transport efficiencies and lower
transport costs.
(2) Vibrant economic growth requires a developed
telecommunication and energy infrastructure.
(3) Sub-Saharan Africa is rich in exportable
agricultural goods, but development of this industry
remains stymied because of an underdeveloped
infrastructure.
(b) Action by the President.--In order to enhance trade
with Africa and to bring the benefits of trade to African
countries, the President shall develop and implement policies
to encourage investment in eligible sub-Saharan African
countries, particularly with respect to the following:
(1) Infrastructure projects that support, in
particular, development of land transport road and
railroad networks and ports, and the continued
upgrading and liberalization of the energy and
telecommunications sectors.
(2) The establishment and expansion of modern
information and communication technologies and
practices to improve the ability of citizens to
research and disseminate information relating to, among
other things, the economy, education, trade, health,
agriculture, the environment, and the media.
(3) Agriculture, particularly in processing and
capacity enhancement.
SEC. 12.\1\ FACILITATION OF TRANSPORTATION.
In order to facilitate and increase trade flows between
eligible sub-Saharan African countries and the United States,
the President shall foster improved port-to-port and airport-
to-airport relationships. These relationships should
facilitate--
(1) increased coordination between customs services
at ports and airports in the United States and such
countries in order to reduce time in transit;
(2) interaction between customs and technical staff
from ports and airports in the United States and such
countries in order to increase efficiency and safety
procedures and protocols relating to trade;
(3) coordination between chambers of commerce,
freight forwarders, customs brokers, and others
involved in consolidating and moving freight; and
(4) trade through air service between airports in the
United States and such countries by increasing
frequency and capacity.
SEC. 13.\1\ AGRICULTURAL TECHNICAL ASSISTANCE.
(a) Identification of Countries.--The President shall
identify not fewer than 10 eligible sub-Saharan African
countries as having the greatest potential to increase
marketable exports of agricultural products to the United
States and the greatest need for technical assistance,
particularly with respect to pest risk assessments and
complying with sanitary and phytosanitary rules of the United
States.
(b) Personnel.--The President shall assign at least 20
full-time personnel for the purpose of providing assistance to
the countries identified under subsection (a) to ensure that
exports of agricultural products from those countries meet the
requirements of United States law.
SEC. 14.\1\ TRADE ADVISORY COMMITTEE ON AFRICA.
The President shall convene the trade advisory committee on
Africa established by Executive Order 11846 of March 27, 1975,
under section 135(c) of the Trade Act of 1974, in order to
facilitate the goals and objectives of the African Growth and
Opportunity Act and this Act, and to maintain ongoing
discussions with African trade and agriculture ministries and
private sector organizations on issues of mutual concern,
including regional and international trade concerns and World
Trade Organization issues.
(3) Implementation of the African Growth and Opportunity Act and the
United States-Caribbean Basin Trade Partnership Act
Executive Order 13191, January 17, 2001, 66 F.R. 7271, 19 U.S.C. 2703
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the African Growth and Opportunity Act (Title I of
Public Law 106-200) (AGOA), the United States-Caribbean Basin
Trade Partnership Act (Title II of Public Law 106-200) (CBTPA),
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.), and section 301 of title 3, United States Code, and in
order to expand international trade and enhance our economic
partnership with sub-Saharan Africa and the Caribbean Basin,
promote investment and economic development and reduce poverty
in those regions, and create new economic opportunities for
American workers and businesses, it is hereby ordered as
follows:
Part I--Implementation of the AGOA
Section 1. Apparel Articles Assembled from Fabrics or Yarn
Not Available in Commercial Quantities. The Committee for the
Implementation of Textile Agreements (the ``Committee'') is
authorized to exercise the authority vested in the President
under section 112(b)(5)(B)(i) of the AGOA (19 U.S.C.
3721(b)(5)(B)(i)) to determine whether yarns or fabrics cannot
be supplied by the domestic industry in commercial quantities
in a timely manner. The Committee shall establish procedures to
ensure appropriate public participation in any such
determination. The Committee and the United States Trade
Representative (USTR) are jointly authorized to exercise the
authority vested in the President under sections
112(b)(5)(B)(ii), (iii), and (v) of the AGOA (19 U.S.C.
3721(b)(5)(B)(ii), (iii), and (v)) to obtain advice from the
appropriate advisory committee, to submit a report to the
appropriate Congressional committees, and to consult with those
Congressional committees. The USTR is authorized to exercise
the authority vested in the President under section
112(b)(5)(B)(ii) of the AGOA to obtain advice from the U.S.
International Trade Commission (USITC).
Sec. 2. Handloomed, Handmade, and Folklore Articles. The
Committee, after consultation with the Commissioner, United
States Customs Service (Commissioner), is authorized to
exercise the authority vested in the President under section
112(b)(6) of the AGOA (19 U.S.C. 3721(b)(6)) to consult with
beneficiary sub-Saharan African countries and to determine
which, if any, particular textile and apparel goods shall be
treated as being handloomed, handmade, or folklore articles.
The Commissioner shall take such actions to carry out any such
determination as directed by the Committee.
Sec. 3. Certain Interlinings. The Committee is authorized
to exercise the authority vested in the President under section
112(d)(1)(B)(iii) of the AGOA (19 U.S.C. 3721(d)(1)(B)(iii)) to
determine whether U.S. manufacturers are producing interlinings
in the United States in commercial quantities. The Committee
shall establish procedures to ensure appropriate public
participation in any such determination. The determination or
determinations of the Committee under this section shall be set
forth in a notice or notices that the Committee shall cause to
be published in the Federal Register. The Commissioner shall
take such actions to carry out any such determination as
directed by the Committee.
Sec. 4. Penalties for Transshipments. The Committee, after
consultation with the Commissioner, is authorized to exercise
the authority vested in the President under section 113(b)(3)
of the AGOA (19 U.S.C. 3722(b)(3)) to determine, based on
sufficient evidence, whether an exporter has engaged in
transshipment and to deny for a period of 5 years all benefits
under section 112 of the AGOA (19 U.S.C. 3721) to any such
exporter, any successor of such exporter, and any other entity
owned or operated by the principal of such exporter. The
determination or determinations of the Committee under this
section shall be set forth in a notice or notices that the
Committee shall cause to be published in the Federal Register.
The Commissioner shall take such actions to carry out any such
determination as directed by the Committee.
Sec. 5. Effective Visa Systems. Pursuant to sections 112(a)
and 113(a)(1) of the AGOA (19 U.S.C. 3721(a) and 3722(a)(1)),
the USTR is authorized to direct the Commissioner to take such
actions as may be necessary to ensure that textile and apparel
articles described in section 112(b) of the AGOA (19 U.S.C.
3721(b)) that are entered, or withdrawn from warehouse, for
consumption are accompanied by an appropriate export visa, if
the preferential treatment described in section 112(a) of the
AGOA is claimed with respect to such articles.
Part II--Implementation of the CBTPA \1\
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\1\ Part II, regarding the implementation of the United States-
Caribbean Basin Trade Partnership Act (CBTPA), can be found on page
1072.
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* * * * * * *
Part III--General Provisions
Sec. 11. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its agencies,
its officers, or any person.
e. U.S. Trade With the Middle East and North Africa
(1) United States-Bahrain Free Trade Agreement Implementation Act
Partial text of Public Law 109-169 [H.R. 4340], 119 Stat. 3581,
approved January 11, 2006
AN ACT To implement the United States-Bahrain Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.\1\ --This Act may be cited as the ``United
States-Bahrain Free Trade Agreement Implementation Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 3805 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
SEC. 2.\1\ PURPOSES.
The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement
between the United States and Bahrain entered into
under the authority of section 2103(b) of the
Bipartisan Trade Promotion Authority Act of 2002 (19
U.S.C. 3803(b));
(2) to strengthen and develop economic relations
between the United States and Bahrain for their mutual
benefit;
(3) to establish free trade between the 2 nations
through the reduction and elimination of barriers to
trade in goods and services; and
(4) to lay the foundation for further cooperation to
expand and enhance the benefits of such Agreement.
SEC. 3.\1\ DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the
United States-Bahrain Free Trade Agreement approved by
Congress under section 101(a)(1).
(2) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
(3) Textile or apparel good.--The term ``textile or
apparel good'' means a good listed in the Annex to the
Agreement on Textiles and Clothing referred to in
section 101(d)(4) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(4)).
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative
Action.--Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress
approves--
(1) the United States-Bahrain Free Trade Agreement
entered into on September 14, 2004, with Bahrain and
submitted to Congress on November 16, 2005; and
(2) the statement of administrative action proposed
to implement the Agreement that was submitted to
Congress on November 16, 2005.
(b) Conditions for Entry Into Force of the Agreement.--At
such time as the President determines that Bahrain has taken
measures necessary to bring it into compliance with those
provisions of the Agreement that are to take effect on the date
on which the Agreement enters into force, the President is
authorized to exchange notes with the Government of Bahrain
providing for the entry into force, on or after January 1,
2006, of the Agreement with respect to the United States.
SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No
provision of the Agreement, nor the application of any
such provision to any person or circumstance, which is
inconsistent with any law of the United States shall
have effect.
(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States; or
(B) to limit any authority conferred under
any law of the United States,
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the
application thereof, may be declared invalid as to any
person or circumstance on the ground that the provision
or application is inconsistent with the Agreement,
except in an action brought by the United States for
the purpose of declaring such law or application
invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No
person other than the United States--
(1) shall have any cause of action or defense under
the Agreement or by virtue of congressional approval
thereof; or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State, on the ground that such action or inaction
is inconsistent with the Agreement.
SEC. 103.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
AND INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of the
enactment of this Act--
(A) the President may proclaim such actions,
and
(B) other appropriate officers of the United
States Government may issue such regulations,
as may be necessary to ensure that any provision of
this Act, or amendment made by this Act, that takes
effect on the date on which the Agreement enters into
force is appropriately implemented on such date, but no
such proclamation or regulation may have an effective
date earlier than the date on which the Agreement
enters into force.
(2) Effective date of certain proclaimed actions.--
Any action proclaimed by the President under the
authority of this Act that is not subject to the
consultation and layover provisions under section 104
may not take effect before the 15th day after the date
on which the text of the proclamation is published in
the Federal Register.
(3) Waiver of 15-day restriction.--The 15-day
restriction in paragraph (2) on the taking effect of
proclaimed actions is waived to the extent that the
application of such restriction would prevent the
taking effect on the date on which the Agreement enters
into force of any action proclaimed under this section.
(b) Initial Regulations.--Initial regulations necessary or
appropriate to carry out the actions required by or authorized
under this Act or proposed in the statement of administrative
action submitted under section 101(a)(2) to implement the
Agreement shall, to the maximum extent feasible, be issued
within 1 year after the date on which the Agreement enters into
force. In the case of any implementing action that takes effect
on a date after the date on which the Agreement enters into
force, initial regulations to carry out that action shall, to
the maximum extent feasible, be issued within 1 year after such
effective date.
SEC. 104.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
If a provision of this Act provides that the implementation
of an action by the President by proclamation is subject to the
consultation and layover requirements of this section, such
action may be proclaimed only if--
(1) the President has obtained advice regarding the
proposed action from--
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155); and
(B) the United States International Trade
Commission;
(2) the President has submitted to the Committee on
Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report that
sets forth--
(A) the action proposed to be proclaimed and
the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the
first day on which the requirements set forth in
paragraphs (1) and (2) have been met has expired; and
(4) the President has consulted with the Committees
referred to in paragraph (2) regarding the proposed
action during the period referred to in paragraph (3).
SEC. 105.\1\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) Establishment or Designation of Office.--The President is
authorized to establish or designate within the Department of
Commerce an office that shall be responsible for providing
administrative assistance to panels established under chapter
19 of the Agreement. The office may not be considered to be an
agency for purposes of section 552 of title 5, United States
Code.
(b) Authorization of Appropriations.--There are authorized to
be appropriated for each fiscal year after fiscal year 2005 to
the Department of Commerce such sums as may be necessary for
the establishment and operations of the office established or
designated under subsection (a) and for the payment of the
United States share of the expenses of panels established under
chapter 19 of the Agreement.
SEC. 106.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date on which the Agreement enters into
force.
(b) Exceptions.--Sections 1 through 3 and this title take
effect on the date of the enactment of this Act.
(c) Termination of the Agreement.--On the date on which the
Agreement terminates, the provisions of this Act (other than
this subsection) and the amendments made by this Act shall
cease to be effective.
TITLE II--CUSTOMS PROVISIONS \2\
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\2\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note.
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* * * * * * *
TITLE III--RELIEF FROM IMPORTS \3\
---------------------------------------------------------------------------
\3\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note (subtitle A--relief from imports benefiting from the
agreement; subtitle B--textile and apparel safeguard measures).
---------------------------------------------------------------------------
* * * * * * *
TITLE IV--PROCUREMENT \4\
---------------------------------------------------------------------------
\4\ Title IV amends sec. 308(4)(A) of the Trade Agreements Act of
1979 (19 U.S.C. 2518(4)(A)).
---------------------------------------------------------------------------
* * * * * * *
(2) United States-Morocco Free Trade Agreement Implementation Act
Partial text of Public Law 108-302 [H.R. 4842], 118 Stat. 1103,
approved August 17, 2004
AN ACT To implement the United States-Morocco Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.\1\ --This Act may be cited as the ``United
States-Morocco Free Trade Agreement Implementation Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 3805 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
SEC. 2.\1\ PURPOSES.
The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement
between the United States and Morocco entered into
under the authority of section 2103(b) of the
Bipartisan Trade Promotion Authority Act of 2002 (19
U.S.C. 3803(b));
(2) to strengthen and develop economic relations
between the United States and Morocco for their mutual
benefit;
(3) to establish free trade between the 2 nations
through the reduction and elimination of barriers to
trade in goods and services and to investment; and
(4) to lay the foundation for further cooperation to
expand and enhance the benefits of such Agreement.
SEC. 3.\1\ DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the
United States-Morocco Free Trade Agreement approved by
Congress under section 101(a)(1).
(2) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
(3) Textile or apparel good.--The term ``textile or
apparel good'' means a good listed in the Annex to the
Agreement on Textiles and Clothing referred to in
section 101(d)(4) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(4)).
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
SEC. 101.\1\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative
Action.--Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress
approves--
(1) the United States-Morocco Free Trade Agreement
entered into on June 15, 2004, with Morocco and
submitted to Congress on July 15, 2004; and
(2) the statement of administrative action proposed
to implement the Agreement that was submitted to
Congress on July 15, 2004.
(b) Conditions for Entry Into Force of the Agreement.--At
such time as the President determines that Morocco has taken
measures necessary to bring it into compliance with those
provisions of the Agreement that are to take effect on the date
on which the Agreement enters into force, the President is
authorized to exchange notes with the Government of Morocco
providing for the entry into force, on or after January 1,
2005, of the Agreement with respect to the United States.
SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No
provision of the Agreement, nor the application of any
such provision to any person or circumstance, which is
inconsistent with any law of the United States shall
have effect.
(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States, or
(B) to limit any authority conferred under
any law of the United States,
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the
application thereof, may be declared invalid as to any
person or circumstance on the ground that the provision
or application is inconsistent with the Agreement,
except in an action brought by the United States for
the purpose of declaring such law or application
invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No
person other than the United States--
(1) shall have any cause of action or defense under
the Agreement or by virtue of congressional approval
thereof; or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State, on the ground that such action or inaction
is inconsistent with the Agreement.
SEC. 103.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
AND INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of the
enactment of this Act--
(A) the President may proclaim such actions,
and
(B) other appropriate officers of the United
States Government may issue such regulations,
as may be necessary to ensure that any provision of
this Act, or amendment made by this Act, that takes
effect on the date the Agreement enters into force is
appropriately implemented on such date, but no such
proclamation or regulation may have an effective date
earlier than the date the Agreement enters into force.
(2) Effective date of certain proclaimed actions.--
Any action proclaimed by the President under the
authority of this Act that is not subject to the
consultation and layover provisions under section 104
may not take effect before the 15th day after the date
on which the text of the proclamation is published in
the Federal Register.
(3) Waiver of 15-day restriction.--The 15-day
restriction in paragraph (2) on the taking effect of
proclaimed actions is waived to the extent that the
application of such restriction would prevent the
taking effect on the date the Agreement enters into
force of any action proclaimed under this section.
(b) Initial Regulations.--Initial regulations necessary or
appropriate to carry out the actions required by or authorized
under this Act or proposed in the statement of administrative
action submitted under section 101(a)(2) to implement the
Agreement shall, to the maximum extent feasible, be issued
within 1 year after the date on which the Agreement enters into
force. In the case of any implementing action that takes effect
on a date after the date on which the Agreement enters into
force, initial regulations to carry out that action shall, to
the maximum extent feasible, be issued within 1 year after such
effective date.
SEC. 104.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
If a provision of this Act provides that the implementation
of an action by the President by proclamation is subject to the
consultation and layover requirements of this section, such
action may be proclaimed only if--
(1) the President has obtained advice regarding the
proposed action from--
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155); and
(B) the United States International Trade
Commission;
(2) the President has submitted to the Committee on
Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report that
sets forth--
(A) the action proposed to be proclaimed and
the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the
first day on which the requirements set forth in
paragraphs (1) and (2) have been met has expired; and
(4) the President has consulted with such Committees
regarding the proposed action during the period
referred to in paragraph (3).
SEC. 105.\1\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) Establishment or Designation of Office.--The President is
authorized to establish or designate within the Department of
Commerce an office that shall be responsible for providing
administrative assistance to panels established under chapter
20 of the Agreement. The office may not be considered to be an
agency for purposes of section 552 of title 5, United States
Code.
(b) Authorization of Appropriations.--There are authorized to
be appropriated for each fiscal year after fiscal year 2004 to
the Department of Commerce such sums as may be necessary for
the establishment and operations of the office under subsection
(a) and for the payment of the United States share of the
expenses of panels established under chapter 20 of the
Agreement.
SEC. 106.\1\ ARBITRATION OF CLAIMS.
The United States is authorized to resolve any claim against
the United States covered by article 10.15.1(a)(i)(C) or
article 10.15.1(b)(i)(C) of the Agreement, pursuant to the
Investor-State Dispute Settlement procedures set forth in
section B of chapter 10 of the Agreement.
SEC. 107.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date the Agreement enters into force.
(b) Exceptions.--Sections 1 through 3 and this title take
effect on the date of the enactment of this Act.
(c) Termination of the Agreement.--On the date on which the
Agreement terminates, the provisions of this Act (other than
this subsection) and the amendments made by this Act shall
cease to be effective.
TITLE II--CUSTOMS PROVISIONS \2\
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\2\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note.
---------------------------------------------------------------------------
* * * * * * *
TITLE III--RELIEF FROM IMPORTS \3\
---------------------------------------------------------------------------
\3\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note (subtitle A--relief from imports benefiting from the
agreement; subtitle B--textile and apparel safeguard measures).
---------------------------------------------------------------------------
* * * * * * *
(3) United States-Jordan Free Trade Area Implementation Act
Partial text of Public Law 107-43 [H.R. 2603], 115 Stat. 243, approved
September 28, 2001
AN ACT To implement the agreement establishing a United States-Jordan
free trade area.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.\1\ --This Act may be cited as the ``United
States-Jordan Free Trade Area Implementation Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2112 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
SEC. 2.\1\ PURPOSES.
The purposes of this Act are--
(1) to implement the agreement between the United
States and Jordan establishing a free trade area;
(2) to strengthen and develop the economic relations
between the United States and Jordan for their mutual
benefit; and
(3) to establish free trade between the 2 nations
through the removal of trade barriers.
SEC. 3.\1\ DEFINITIONS.
For purposes of this Act:
(1) Agreement.--The term ``Agreement'' means the
Agreement between the United States of America and the
Hashemite Kingdom of Jordan on the Establishment of a
Free Trade Area, entered into on October 24, 2000.
(2) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
TITLE I--TARIFF MODIFICATIONS; RULES OF ORIGIN
SEC. 101.\1\ TARIFF MODIFICATIONS.
(a) Tariff Modifications Provided for in the Agreement.--
The President may proclaim--
(1) such modifications or continuation of any duty;
(2) such continuation of duty-free or excise
treatment; or
(3) such additional duties,
as the President determines to be necessary or appropriate to
carry out article 2.1 of the Agreement and the schedule of duty
reductions with respect to Jordan set out in Annex 2.1 of the
Agreement.
(b) Other Tariff Modifications.--The President may
proclaim--
(1) such modifications or continuation of any duty;
(2) such continuation of duty-free or excise
treatment; or
(3) such additional duties,
as the President determines to be necessary or appropriate to
maintain the general level of reciprocal and mutually
advantageous concessions with respect to Jordan provided for by
the Agreement.
SEC. 102.\1\ RULES OF ORIGIN.
(a) In General.--
(1) Eligible articles.--
(A) In general.--The reduction or elimination
of any duty imposed on any article by the
United States provided for in the Agreement
shall apply only if--
(i) that article is imported directly
from Jordan into the customs territory
of the United States; and
(ii) that article--
(I) is wholly the growth,
product, or manufacture of
Jordan; or
(II) is a new or different
article of commerce that has
been grown, produced, or
manufactured in Jordan and
meets the requirements of
subparagraph (B).
(B) Requirements.--
(i) General rule.--The requirements
of this subparagraph are that with
respect to an article described in
subparagraph (A)(ii)(II), the sum of--
(I) the cost or value of the
materials produced in Jordan,
plus
(II) the direct costs of
processing operations performed
in Jordan, is not less than 35
percent of the appraised value
of such article at the time it
is entered.
(ii) Materials produced in united
states.--If the cost or value of
materials produced in the customs
territory of the United States is
included with respect to an article to
which this paragraph applies, an amount
not to exceed 15 percent of the
appraised value of the article at the
time it is entered that is attributable
to such United States cost or value may
be applied toward determining the
percentage referred to in clause (i).
(2) Exclusions.--No article may be considered to meet
the requirements of paragraph (1)(A) by virtue of
having merely undergone--
(A) simple combining or packaging operations;
or
(B) mere dilution with water or mere dilution
with another substance that does not materially
alter the characteristics of the article.
(b) Direct Costs of Processing Operations.--
(1) In general.--As used in this section, the term
``direct costs of processing operations'' includes, but
is not limited to--
(A) all actual labor costs involved in the
growth, production, manufacture, or assembly of
the specific merchandise, including fringe
benefits, on-the-job training, and the cost of
engineering, supervisory, quality control, and
similar personnel; and
(B) dies, molds, tooling, and depreciation on
machinery and equipment which are allocable to
the specific merchandise.
(2) Excluded costs.--The term ``direct costs of
processing operations'' does not include costs which
are not directly attributable to the merchandise
concerned, or are not costs of manufacturing the
product, such as--
(A) profit; and
(B) general expenses of doing business which
are either not allocable to the specific
merchandise or are not related to the growth,
production, manufacture, or assembly of the
merchandise, such as administrative salaries,
casualty and liability insurance, advertising,
and salesmen's salaries, commissions, or
expenses.
(c) Textile and Apparel Articles.--
(1) In general.--A textile or apparel article
imported directly from Jordan into the customs
territory of the United States shall be considered to
meet the requirements of paragraph (1)(A) of subsection
(a) only if--
(A) the article is wholly obtained or
produced in Jordan;
(B) the article is a yarn, thread, twine,
cordage, rope, cable, or braiding, and--
(i) the constituent staple fibers are
spun in Jordan, or
(ii) the continuous filament is
extruded in Jordan;
(C) the article is a fabric, including a
fabric classified under chapter 59 of the HTS,
and the constituent fibers, filaments, or yarns
are woven, knitted, needled, tufted, felted,
entangled, or transformed by any other fabric-
making process in Jordan; or
(D) the article is any other textile or
apparel article that is wholly assembled in
Jordan from its component pieces.
(2) Definition.--For purposes of paragraph (1), an
article is ``wholly obtained or produced in Jordan'' if
it is wholly the growth, product, or manufacture of
Jordan.
(3) Special rules.--
(A) Certain made-up articles, textile
articles in the piece, and certain other
textiles and textile articles.--Notwithstanding
paragraph (1)(D) and except as provided in
subparagraphs (C) and (D) of this paragraph,
subparagraph (A), (B), or (C) of paragraph (1),
as appropriate, shall determine whether a good
that is classified under one of the following
headings or subheadings of the HTS shall be
considered to meet the requirements of
paragraph (1)(A) of subsection (a): 5609, 5807,
5811, 6209.20.50.40, 6213, 6214, 6301, 6302,
6304, 6305, 6306, 6307.10, 6307.90, 6308, and
9404.90.
(B) Certain knit-to-shape textiles and
textile articles.--Notwithstanding paragraph
(1)(D) and except as provided in subparagraphs
(C) and (D) of this paragraph, a textile or
apparel article which is knit-to-shape in
Jordan shall be considered to meet the
requirements of paragraph (1)(A) of subsection
(a).
(C) Certain dyed and printed textiles and
textile articles.--Notwithstanding paragraph
(1)(D), a good classified under heading
6117.10, 6213.00, 6214.00. 6302.22, 6302.29,
6302.52, 6302.53, 6302.59, 6302.92, 6302.93,
6302.99, 6303.92, 6303.99, 6304.19, 6304.93,
6304.99, 9404.90.85, or 9404.90.95 of the HTS,
except for a good classified under any such
heading as of cotton or of wool or consisting
of fiber blends containing 16 percent or more
by weight of cotton, shall be considered to
meet the requirements of paragraph (1)(A) of
subsection (a) if the fabric in the good is
both dyed and printed in Jordan, and such
dyeing and printing is accompanied by 2 or more
of the following finishing operations:
bleaching, shrinking, fulling, napping,
decating, permanent stiffening, weighting,
permanent embossing, or moireing.
(D) Fabrics of silk, cotton, manmade fiber or
vegetable fiber.--Notwithstanding paragraph
(1)(C), a fabric classified under the HTS as of
silk, cotton, man-made fiber, or vegetable
fiber shall be considered to meet the
requirements of paragraph (1)(A) of subsection
(a) if the fabric is both dyed and printed in
Jordan, and such dyeing and printing is
accompanied by 2 or more of the following
finishing operations: bleaching, shrinking,
fulling, napping, decating, permanent
stiffening, weighting, permanent embossing, or
moireing.
(4) Multicountry rule.--If the origin of a textile or
apparel article cannot be determined under paragraph
(1) or (3), then that article shall be considered to
meet the requirements of paragraph (1)(A) of subsection
(a) if--
(A) the most important assembly or
manufacturing process occurs in Jordan; or
(B) if the applicability of paragraph (1)(A)
of subsection (a) cannot be determined under
subparagraph (A), the last important assembly
or manufacturing occurs in Jordan.
(d) Exclusion.--A good shall not be considered to meet the
requirements of paragraph (1)(A) of subsection (a) if the
good--
(1) is imported into Jordan, and, at the time of
importation, would be classified under heading 0805 of
the HTS; and
(2) is processed in Jordan into a good classified
under any of subheadings 2009.11 through 2009.30 of the
HTS.
(e) Regulations.--The Secretary of the Treasury, after
consultation with the United States Trade Representative, shall
prescribe such regulations as may be necessary to carry out
this section.
TITLE II--RELIEF FROM IMPORTS \2\
---------------------------------------------------------------------------
\2\ Freestanding provisions in this title are codified at 19 U.S.C.
2112 note (Subtitle A--General Provisions; subtitle B--Relief from
Imports Benefiting from the Agreement; Subtitle C--Cases Under Title II
of the Trade Act of 1974).
---------------------------------------------------------------------------
* * * * * * *
TITLE III--TEMPORARY ENTRY \3\
---------------------------------------------------------------------------
\3\ This title is codified at 19 U.S.C. 2112 note.
---------------------------------------------------------------------------
* * * * * * *
TITLE IV--GENERAL PROVISIONS
SEC. 401.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No
provision of the Agreement, nor the application of any
such provision to any person or circumstance, that is
inconsistent with any law of the United States shall
have effect.
(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States; or
(B) to limit any authority conferred under
any law of the United States, unless
specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the
application thereof, may be declared invalid as to any
person or circumstance on the ground that the provision
or application is inconsistent with the Agreement,
except in an action brought by the United States for
the purpose of declaring such law or application
invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--
No person other than the United States--
(1) shall have any cause of action or defense under
the Agreement; or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State on the ground that such action or inaction
is inconsistent with the Agreement.
SEC. 402.\1\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal
year after fiscal year 2001 to the Department of Commerce not
more than $100,000 for the payment of the United States share
of the expenses incurred in dispute settlement proceedings
under article 17 of the Agreement.
SEC. 403.\1\ IMPLEMENTING REGULATIONS.
After the date of enactment of this Act--
(1) the President may proclaim such actions; and
(2) other appropriate officers of the United States
may issue such regulations,
as may be necessary to ensure that any provision of this Act,
or amendment made by this Act, that takes effect on the date
the Agreement enters into force is appropriately implemented on
such date, but no such proclamation or regulation may have an
effective date earlier than the date the Agreement enters into
force.
SEC. 404.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date the Agreement enters into force.
(b) Exceptions.--Sections 1 through 3 and this title take
effect on the date of the enactment of this Act.
(c) Termination of the Agreement.--On the date on which the
Agreement ceases to be in force, the provisions of this Act
(other than this subsection) and the amendments made by this
Act, shall cease to be effective.
(4) United States-Israel Free Trade Area Implementation Act of 1985
Partial text of Public Law 99-47 [H.R. 2268], 99 Stat. 82, approved
June 11, 1985; as amended by Public Law 104-234 [H.R. 3074], 110 Stat.
3058, approved October 2, 1996
Note.--Sections of this Act that have been omitted
amend the Trade Agreements Act of 1979, the Trade and
Tariff Act of 1984, and the Trade Act of 1974. They are
reproduced elsewhere in this volume.
AN ACT To approve and implement the Free Trade Area Agreement between
the United States and Israel.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Free
Trade Area Implementation Act of 1985''.\1\
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2112 note.
---------------------------------------------------------------------------
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to approve and implement the agreement on the
establishment of a free trade area between the United
States and Israel negotiated under the authority of
section 102 of the Trade Act of 1974;
(2) to strengthen and develop the economic relations
between the United States and Israel for their mutual
benefit; and
(3) to establish free trade between the two nations
through the removal of trade barriers.
SEC. 3.\1\ APPROVAL OF A FREE TRADE AREA AGREEMENT.
Pursuant to sections 102 and 151 of the Trade Act of 1974
(19 U.S.C. 2112; 2191), the Congress approves--
(1) the Agreement on the Establishment of a Free
Trade Area between the Government of the United States
of America and the Government of Israel (hereinafter in
this Act referred to as ``the Agreement'') entered into
on April 22, 1985, and submitted to the Congress on
April 29, 1985, and
(2) the statement of administrative action proposed
to implement the Agreement that was submitted to the
Congress on April 29, 1985.
SEC. 4.\1\ PROCLAMATION AUTHORITY.
(a) Tariff Modifications.--Except as provided in subsection
(c), the President may proclaim--
(1) such modifications or continuance of any existing
duty,
(2) such continuance of existing duty-free or excise
treatment, or
(3) such additional duties,
as the President determines to be required or appropriate to
carry out the schedule of duty reductions with respect to
Israel set forth in annex 1 of the Agreement.
(b) Additional Tariff Modification Authority.--Except as
provided in subsection (c), whenever the President determines
that it is necessary to maintain the general level of
reciprocal and mutually advantageous concessions with respect
to Israel provided for by the Agreement, the President may
proclaim--
(1) such withdrawal, suspension, modification, or
continuance of any duty,
(2) such continuance of existing duty-free or excise
treatment, or
(3) such additional duties,
as the President determines to be required or appropriate to
carry out the Agreement.
(c) Exception to Authority.--No modification of any duty
imposed on any article provided for in paragraph (4) of annex 1
of the Agreement that may be proclaimed under subsection (a) or
(b) shall take effect prior to January 1, 1995.
SEC. 5.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.
(a) United States Statutes To Prevail in Conflict.--No
provision of the Agreement, nor the application of any such
provision to any person or circumstance, which is in conflict
with--
(1) title IV of the Trade and Tariff Act of 1984, or
(2) any other statute of the United States,
shall be given effect under the laws of the United States.
(b) Implementing Regulations.--Regulations that are
necessary or appropriate to carry out actions proposed in any
statement of proposed administrative action submitted to the
Congress under section 102 of the Trade Act of 1974 (19 U.S.C.
2112) in order to implement the Agreement shall be prescribed.
Initial regulations to carry out such action shall be issued
within one year after the date of the entry into force of the
Agreement.
(c) Changes in Statutes To Implement a Requirement,
Amendment, or Recommendation.--
(1) Except as otherwise provided in paragraph (2),
the provisions of section 3(c) of the Trade Agreements
Act of 1979 (19 U.S.C. 2504(c)) shall apply with
respect to the Agreement and--
(A) no requirement of, amendment to, or
recommendation under the Agreement shall be
implemented under United States law, and
(B) no amendment, repeal, or enactment of a
statute of the United States to implement any
such requirement, amendment, or recommendation
shall enter into force with respect to the
United States,
unless there has been compliance with the provisions of
section 3(c) of the Trade Agreements Act of 1979.
(2) The provisions of section 3(c)(4) of the Trade
Agreements Act of 1979 (19 U.S.C. 2504(c)(4)) shall
apply to any bill implementing any requirement of,
amendment to, or recommendation made under, the
Agreement that reduces or eliminates any duty imposed
on any article provided for in paragraph (4) of Annex 1
of the Agreement only if--
(A) any reduction of such duty provided in
such bill--
(i) takes effect after December 31,
1989, and
(ii) takes effect gradually over the
period that begins on January 1, 1990,
and ends on December 31, 1994,
(B) any elimination of such duty provided in
such bill does not take effect prior to January
1, 1995, and
(C) the consultations required under section
3(c)(1) of such Act occur at least ninety days
prior to the date on which such bill is
submitted to the Congress under section 3(c) of
such Act.
(d) Private Remedies Not Created.--Neither the entry into
force of the Agreement with respect to the United States, nor
the enactment of this Act, shall be construed as creating any
private right of action or remedy for which provision is not
explicitly made under this Act or under the laws of the United
States.
SEC. 6. TERMINATION.
The provisions of section 125(a) of the Trade Act of 1974
(19 U.S.C. 2135(a)) shall not apply to the Agreement.
* * * * * * *
SEC. 9.\2\ ADDITIONAL PROCLAMATION AUTHORITY
(a) Elimination or Modifications of Duties.--The President
is authorized to proclaim elimination or modification of any
existing duty as the President determines is necessary to
exempt any article from duty if--
---------------------------------------------------------------------------
\2\ 19 U.S.C. 2112 note. Sec. 1 of Public Law 104-234 (110 Stat.
3058) added sec. 9.
---------------------------------------------------------------------------
(1) that article is wholly the growth, product, or
manufacture of the West Bank, the Gaza Strip, or a
qualifying industrial zone or is a new or different
article of commerce that has been grown, produced, or
manufactured in the West Bank, the Gaza Strip, or a
qualifying industrial zone;
(2) that article is imported directly from the West
Bank, the Gaza Strip, Israel, or a qualifying
industrial zone; and
(3) the sum of--
(A) the cost or value of the materials
produced in the West Bank, the Gaza Strip,
Israel, or a qualifying industrial zone, plus
(B) the direct costs of processing operations
performed in the West Bank, the Gaza Strip,
Israel, or a qualifying industrial zone,
is not less than 35 percent of the appraised value of
the product at the time it is entered into the United
States.
For purposes of determining the 35 percent content requirement
contained in paragraph (3), the cost or value of materials
which are used in the production of an article in the West
Bank, the Gaza Strip, or a qualifying industrial zone, and are
the products of the United States, may be counted in an amount
up to 15 percent of the appraised value of the article.
(b) Applicability of Certain Provisions of the Agreement.--
(1) Nonqualifying operations.--No article shall be
considered a new or different article of commerce under
this section, and no material shall be included for
purposes of determining the 35 percent requirement of
subsection (a)(3), by virtue of having merely
undergone--
(A) simple combining or packaging operations,
or
(B) mere dilution with water or with another
substance that does not materially alter the
characteristics of the article or material.
(2) Requirements for new or different article of
commerce.--For purposes of subsection (a)(1), an
article is a ``new or different article of commerce''
if it is substantially transformed into an article
having a new name, character, or use.
(3) Cost or value of materials.--(A) For purposes of
this section, the cost or value of materials produced
in the West Bank, the Gaza Strip, or a qualifying
industrial zone includes--
(i) the manufacturer's actual cost for the
materials;
(ii) when not included in the manufacturer's
actual cost for the materials, the freight,
insurance, packing, and all other costs
incurred in transporting the materials to the
manufacturer's plant;
(iii) the actual cost of waste or spoilage,
less the value of recoverable scrap; and
(iv) taxes or duties imposed on the materials
by the West Bank, the Gaza Strip, or a
qualifying industrial zone, if such taxes or
duties are not remitted on exportation.
(B) If a material is provided to the manufacturer
without charge, or at less than fair market value, its
cost or value shall be determined by computing the sum
of--
(i) all expenses incurred in the growth,
production, or manufacture of the material,
including general expenses;
(ii) an amount for profit; and
(iii) freight, insurance, packing, and all
other costs incurred in transporting the
material to the manufacturer's plant.
If the information necessary to compute the cost or
value of a material is not available, the Customs
Service may ascertain or estimate the value thereof
using all reasonable methods.
(4) Direct costs of processing operations.--(A) For
purposes of this section, the ``direct costs of
processing operations performed in the West Bank, Gaza
Strip, or a qualifying industrial zone'' with respect
to an article are those costs either directly incurred
in, or which can be reasonably allocated to, the
growth, production, manufacture, or assembly, of that
article. Such costs include, but are not limited to,
the following to the extent that they are includible in
the appraised value of articles imported into the
United States:
(i) All actual labor costs involved in the
growth, production, manufacture, or assembly of
the article, including fringe benefits, on-the-
job training, and costs of engineering,
supervisory, quality control, and similar
personnel.
(ii) Dies, molds, tooling, and depreciation
on machinery and equipment which are allocable
to the article.
(iii) Research, development, design,
engineering, and blueprint costs insofar as
they are allocable to the article.
(iv) Costs of inspecting and testing the
article.
(B) Those items that are not included as direct costs
of processing operations with respect to an article are
those which are not directly attributable to the
article or are not costs of manufacturing the article.
Such items include, but are not limited to--
(i) profit; and
(ii) general expenses of doing business which
are either not allocable to the article or are
not related to the growth, production,
manufacture, or assembly of the article, such
as administrative salaries, casualty and
liability insurance, advertising, and
salesmen's salaries, commissions, or expenses.
(5) Imported directly.--For purposes of this
section--
(A) articles are ``imported directly'' if--
(i) the articles are shipped directly
from the West Bank, the Gaza Strip, a
qualifying industrial zone, or Israel
into the United States without passing
through the territory of any
intermediate country; or
(ii) if shipment is through the
territory of an intermediate country,
the articles in the shipment do not
enter into the commerce of any
intermediate country and the invoices,
bills of lading, and other shipping
documents specify the United States as
the final destination; or
(B) if articles are shipped through an
intermediate country and the invoices and other
documents do not specify the United States as
the final destination, then the articles in the
shipment, upon arrival in the United States,
are imported directly only if they--
(i) remain under the control of the
customs authority in an intermediate
country;
(ii) do not enter into the commerce
of an intermediate country except for
the purpose of a sale other than at
retail, but only if the articles are
imported as a result of the original
commercial transactions between the
importer and the producer or the
producer's sales agent; and
(iii) have not been subjected to
operations other than loading,
unloading, or other activities
necessary to preserve the article in
good condition.
(6) Documentation required.--An article is eligible
for the duty exemption under this section only if--
(A) the importer certifies that the article
meets the conditions for the duty exemption;
and
(B) when requested by the Customs Service,
the importer, manufacturer, or exporter submits
a declaration setting forth all pertinent
information with respect to the article,
including the following:
(i) A description of the article,
quantity, numbers, and marks of
packages, invoice numbers, and bills of
lading.
(ii) A description of the operations
performed in the production of the
article in the West Bank, the Gaza
Strip, qualifying industrial zone, or
Israel and identification of the direct
costs of processing operations.
(iii) A description of any materials
used in production of the article which
are wholly the growth, product, or
manufacture of the West Bank, the Gaza
Strip, a qualifying industrial zone,
Israel or United States, and a
statement as to the cost or value of
such materials.
(iv) A description of the operations
performed on, and a statement as to the
origin and cost or value of, any
foreign materials used in the article
which are claimed to have been
sufficiently processed in the West
Bank, the Gaza Strip, a qualifying
industrial zone, or Israel so as to be
materials produced in the West Bank,
the Gaza Strip, a qualifying industrial
zone, or Israel.
(v) A description of the origin and
cost or value of any foreign materials
used in the article which have not been
substantially transformed in the West
Bank, the Gaza Strip, or a qualifying
industrial zone.
(c) Shipment of Articles of Israel Through West Bank or
Gaza Strip.--The President is authorized to proclaim that
articles of Israel may be treated as though they were articles
directly shipped from Israel for the purposes of the Agreement
even if shipped to the United States from the West Bank, the
Gaza Strip, or a qualifying industrial zone, if the articles
otherwise meet the requirements of the Agreement.
(d) Treatment of Cost or Value of Materials.--The President
is authorized to proclaim that the cost or value of materials
produced in the West Bank, the Gaza Strip, or a qualifying
industrial zone may be included in the cost or value of
materials produced in Israel under section 1(c)(i) of Annex 3
of the Agreement, and the direct costs of processing operations
performed in the West Bank, the Gaza Strip, or a qualifying
industrial zone may be included in the direct costs of
processing operations performed in Israel under section
1(c)(ii) of Annex 3 of the Agreement.
(e) Qualifying Industrial Zone Defined.--For purposes of
this section, a ``qualifying industrial zone'' means any area
that--
(1) encompasses portions of the territory of Israel
and Jordan or Israel and Egypt;
(2) has been designated by local authorities as an
enclave where merchandise may enter without payment of
duty or excise taxes; and
(3) has been specified by the President as a
qualifying industrial zone.
(5) Report on Free Trade Agreement with Israel
Partial text of Public Law 107-210 [Trade Act of 2002; H.R. 3009], 116
Stat. 933, approved August 6, 2002
AN ACT To extend the Andean Trade Preference Act, to grant additional
trade benefits under that Act, and for other purposes.
* * * * * * *
SEC. 3105. REPORT ON FREE TRADE AGREEMENT WITH ISRAEL.
(a) Report to Congress.--The United States Trade
Representative shall review the implementation of the United
States-Israel Free Trade Agreement and shall submit to the
Speaker of the House of Representatives, the President of the
Senate, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate a
report on the results of such review.
(b) Contents of Report.--The report under subsection (a)
shall include the following:
(1) A review of the terms of the United States-Israel
Free Trade Agreement, particularly the terms with
respect to market access commitments.
(2) A review of subsequent agreements which may have
been reached between the parties to the Agreement and
of unilateral concessions of additional benefits
received by each party from the other.
(3) A review of any current negotiations between the
parties to the Agreement with respect to implementation
of the Agreement and other pertinent matters.
(4) An assessment of the degree of fulfillment of
obligations under the Agreement by the United States
and Israel.
(5) An assessment of improvements in structuring
future trade agreements that should be considered based
on the experience of the United States under the
Agreement.
(c) Timing of Report.--The United States Trade Representative
shall submit the report under subsection (a) not later than 6
months after the date of the enactment of this Act.
(d) Definition.--In this section, the terms ``United States-
Israel Free Trade Agreement'' and ``Agreement'' means the
Agreement on the Establishment of a Free Trade Area between the
Government of the United States of America and the Government
of Israel entered into on April 22, 1985.
* * * * * * *
(6) Trade with Israel
Partial text of Title IV of Public Law 98-573 [Trade and Tariff Act of
1984; H.R. 3398], 98 Stat. 2948 at 3013, approved October 30, 1984; as
amended by Public Law 99-47 [H.R. 2268], 99 Stat. 82, approved June 11,
1985; Public Law 99-514 [Tax Reform Act of 1986; H.R. 3838], 100 Stat.
2085 at 2926, approved October 22, 1986; and Public Law 100-418
[Omnibus Trade and Competitiveness Act of 1988; H.R. 4848], 102 Stat.
1107, approved August 23, 1988
AN ACT To amend the trade laws, authorize the negotiation of trade
agreements, extend trade preferences, change the tariff treatment with
respect to certain articles, and for other purposes.
* * * * * * *
TITLE IV--TRADE WITH ISRAEL
SEC. 401.\1\ NEGOTIATION OF TRADE AGREEMENTS TO REDUCE TRADE BARRIERS.
* * *
SEC. 402.\2\ CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES.
(a)(1) The reduction or elimination of any duty imposed on
any article by the United States provided for in a trade
agreement entered into with Israel under section 102(b)(1) of
the Trade Act of 1974 shall apply only if--
---------------------------------------------------------------------------
\1\ Sec. 401 amended sec. 102 of the Trade Act of 1974.
\2\ 19 U.S.C. 2112 note.
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(A) that article is the growth, product, or
manufacture of Israel or is a new or different article
of commerce that has been grown, produced, or
manufactured in Israel;
(B) that article is imported directly from Israel
into the customs territory of the United States; and
(C) the sum of--
(i) the cost of value of the materials
produced in Israel, plus
(ii) the direct costs of processing
operations performed in Israel,
is not less than 35 percent of the appraised value of
such article at the time it is entered.
If the cost or value of materials produced in the customs
territory of the United States is included with respect to an
article to which this subsection applies, an amount not to
exceed 15 percent of the appraised value of the article at the
time it is entered that is attributable to such United States
cost or value may be applied toward determining the percentage
referred to in subparagraph (C).
(2) No article may be considered to meet the requirements
of paragraph (1)(A) by virtue of having merely undergone--
(A) simple combining or packaging operations; or
(B) mere dilution with water or mere dilution with
another substance that does not materially alter the
characteristics of the article.
(b) As used in this section, the phrase ``direct costs of
processing operations'' includes, but is not limited to--
(1) all actual labor costs involved in the growth,
production, manufacture, or assembly of the specific
merchandise, including fringe benefits, on-the-job
training and the cost of engineering, supervisory,
quality control, and similar personnel; and
(2) dies, molds, tooling, and depreciation on
machinery and equipment which are allocable to the
specific merchandise.
Such phrase does not include costs which are not directly
attributable to the merchandise concerned, or are not costs of
manufacturing the product, such as (A) profit, and (B) general
expenses of doing business which are either not allocable to
the specific merchandise or are not related to the growth,
production, manufacture, or assembly of the merchandise, such
as administrative salaries, casualty and liability insurance,
advertising, and salesmen's salaries, commissions or expenses.
(c) Regulations.--The Secretary of the Treasury, after
consultation with the United States Trade Representative, shall
prescribe such regulations as may be necessary to carry out
this section.
SEC. 403.\2\ APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS.
(a) Suspension of Duty-Free Treatment.--The President may
by proclamation suspend the reduction or elimination of any
duty provided under any trade agreement provision entered into
with Israel under the authority of section 102(b)(1) of the
Trade Act of 1974 with respect to any article and may proclaim
a duty rate for such article if such action is proclaimed under
section 203 of the Trade Act of 1974 or section 232 of the
Trade Expansion Act of 1962.
(b) ITC Reports.--In any report by the United States
International Trade Commission (hereinafter referred to in this
title as the ``Commission'') to the President under section
202(f) \3\ of the Trade Act of 1974 regarding any article for
which a reduction or elimination of any duty is provided under
a trade agreement entered into with Israel under section
102(b)(1) of the Trade Act of 1974, the Commission shall state
whether and to what extent its findings or recommendations
apply to such an article when imported from Israel.
---------------------------------------------------------------------------
\3\ Sec. 1401(b)(3)(i)(I) of Public Law 100-418 (102 Stat. 1240)
struck out ``section 201(d)(1)'' and inserted in lieu thereof ``section
202(f)''.
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(c) For purposes of \4\ section 203 of the Trade Act of
1974, the suspension of the reduction or elimination of a duty
under subsection (a) shall be treated as an increase in duty.
---------------------------------------------------------------------------
\4\ Sec. 1401(b)(3)(i)(II) of Public Law 100-418 (102 Stat. 1240)
struck out ``subsections (a) and (c) of'' which previously appeared
following this point.
---------------------------------------------------------------------------
(d) No proclamation which provides solely for a suspension
referred to in subsection (a) with respect to any article shall
be made under \4\ section 203 of the Trade Act of 1974 unless
the Commission, in addition to making an affirmative
determination with respect to such article under section 202(b)
\5\ of the Trade Act of 1974, determines in the course of its
investigation under that section that the serious injury (or
threat thereof) substantially caused by imports to the domestic
industry producing a like or directly competitive article
results from the reduction or elimination of any duty provided
under any trade agreement provision entered into with Israel
under section 102(b)(1) of the Trade Act of 1974.
---------------------------------------------------------------------------
\5\ Sec. 1401(b)(3) of Public Law 100-418 (102 Stat. 1240) struck
out ``201(b)'' and inserted in lieu thereof ``202(b)''.
---------------------------------------------------------------------------
(e)(1) Any proclamation issued under section 203 of the
Trade Act of 1974 that is in effect when an agreement with
Israel is entered into under section 102(b)(1) of the Trade Act
of 1974 shall remain in effect until modified or terminated.
(2) If any article is subject to import relief at the time
an agreement is entered into with Israel under section
102(b)(1) of the Trade Act of 1974, the President may reduce or
terminate the application of such import relief to the
importation of such article before the otherwise scheduled date
on which such reduction or termination would occur pursuant to
the criteria and procedures of sections 203 and 204 \6\ of the
Trade Act of 1974.
---------------------------------------------------------------------------
\6\ Sec. 1401(b)(3) of Public Law 100-418 (102 Stat. 1240) struck
out ``subsections (h) and (i) of section 203'' and inserted in lieu
thereof ``sections 203 and 204''.
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SEC. 404.\2\ FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES.
(a) If a petition is filed with the Commission under the
provisions of section 202(a) \7\ of the Trade Act of 1974
regarding a perishable product which is subject to any
reduction or elimination of a duty imposed by the United States
under a trade agreement entered into with Israel under section
102(b)(1) of the Trade Act of 1974 and alleges injury from
imports of that product, then the petition may also be filed
with the Secretary of Agriculture with a request that emergency
relief be granted under subsection (c) with respect to such
article.
---------------------------------------------------------------------------
\7\ Sec. 1401(b)(3)(ii)(II) of Public Law 100-418 (102 Stat. 1240)
struck out ``section 201'' and inserted in lieu thereof ``section
202(a)''.
---------------------------------------------------------------------------
(b) Within 14 days after the filing of a petition under
subsection (a)--
(1) if the Secretary of Agriculture has reason to
believe that a perishable product from Israel is being
imported into the United States in such increased
quantities as to be a substantial cause of serious
injury, or the threat thereof, to the domestic industry
producing a perishable product like or directly
competitive with the imported product and that
emergency action is warranted, he shall advise the
President and recommend that the President take
emergency action; or
(2) the Secretary of Agriculture shall publish notice
of his determination not to recommend the imposition of
emergency action and so advise the petitioner.
(c) Within 7 days after the President receives a
recommendation from the Secretary of Agriculture to take
emergency action under subsection (b), he shall issue a
proclamation withdrawing the reduction or elimination of duty
provided to the perishable product under any trade agreement
provision entered into under section 102(b)(1) of the Trade Act
of 1974 or publish a notice of his determination not to take
emergency action.
(d) The emergency action provided under subsection (c)
shall cease to apply--
(1) upon the taking of action under section 203 \8\
of the Trade Act of 1974;
---------------------------------------------------------------------------
\8\ Sec. 1401(b)(3)(ii) of Public Law 100-418 (102 Stat. 1240)
struck out ``proclamation of import relief under section 202(a)(1)'',
and inserted in lieu thereof ``upon the taking of action under section
203'', and restated subsec. (d)(2). Subsec. (d)(2) previously read as
follows:
``(2) on the day the President makes a determination under section
203(b)(2) of such Act not to impose import relief;''.
---------------------------------------------------------------------------
(2) \8\ on the day a determination of the President
under section 203 of such Act not to take action
becomes final;
(3) in the event of a report of the Commission
containing a negative finding, on the day the
Commission's report is submitted to the President; or
(4) Whenever the President determines that because of
changed circumstances such relief is no longer
warranted.
(e) For purposes of this section, the term ``perishable
products'' means any--
(1) \9\ live plants and fresh cut flowers provided
for in chapter 6 of the Harmonized Tariff Schedule of
the United States (19 U.S.C. 1202, hereinafter referred
to as the ``HTS'');
---------------------------------------------------------------------------
\9\ Sec. 1214(s)(4) of Public Law 100-418 (102 Stat. 1160) amended
and restated paras. (1) and (2), struck out paras. (3), (4), (5), and
(6), and inserted a new para. (3).
---------------------------------------------------------------------------
(2) \9\ vegetables, edible nuts or fruit provided for
in chapters 7 and 8, heading 1105, subheadings
1106.10.00 and 1106.30, heading 1202, subheadings
1214.90.00 and 1704.90.60, headings 2001 through 2008
(excluding subheadings 2001.90.20 and 2004.90.10) and
subheading 2103.20.40 of the HTS;
(3) \9\ concentrated citrus fruit juice provided for
in subheadings 2009.11.00, 2009.19.40, 2009.20.40,
2009.30.20, and 2009.30.60 of the HTS.
(f) No trade agreement entered into with Israel under
section 102(b)(1) of the Trade Act of 1974 shall affect fees
imposed under section 22 of the Agricultural Adjustment Act (7
U.S.C. 624).
SEC. 405.\10\ CONSTRUCTION OF TITLE.
Neither the taking effect of any trade agreement provision
entered into with Israel under section 102(b)(1), nor any
proclamation issued to implement any such provision, may affect
in any manner, or to any extent, the application to any Israeli
articles of section 232 of the Trade Expansion Act of 1962,
section 337 of title VII of the Tariff Act of 1930, chapter 1
of title II and chapter 1 of title III of the Trade Act of
1974, or any other provision of law under which relief from
injury caused by import competition or by unfair import trade
practices may be sought.
---------------------------------------------------------------------------
\10\ 19 U.S.C. 2112 note. Sec. 8(a)(3) of the U.S.-Israel Free
Trade Area Implementation Act (Public Law 99-47; 99 Stat. 84)
redesignated sec. 406 as sec. 405.
(7) Exemption of Israeli Products From Certain User Fees
Partial text of Public Law 101-382 [Customs and Trade Act of 1990; H.R.
1594], 104 Stat. 629 at 639, approved August 20, 1990 \1\
AN ACT To make miscellaneous and technical changes to various trade
laws.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 112.\2\ EXEMPTION OF ISRAELI PRODUCTS FROM CERTAIN USER FEES.
If the United States Trade Representative determines that
the Government of Israel has provided reciprocal concessions in
exchange for the exemption of the products of Israel from the
fees imposed under section 13031(a) (9) and (10) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (as
amended by section 111), such fees may not be charged with
respect to any product of Israel that is entered, or withdrawn
from warehouse for consumption, on or after the 15th day (which
day may not be before October 1, 1990) after the date on which
the determination is published in the Federal Register.
---------------------------------------------------------------------------
\1\ Sec. 138 of this Act, relating to economic sanctions against
products of Burma, may be found at page 1650.
\2\ 19 U.S.C. 58c note.
---------------------------------------------------------------------------
* * * * * * *
f. U.S. Trade With Asia and Pacific
(1) United States-Australia Free Trade Agreement Implementation Act
Partial text of Public Law 108-286 [H.R. 4759], 118 Stat. 919, approved
August 3, 2004
AN ACT To implement the United States-Australia Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.\1\ --This Act may be cited as the ``United
States-Australia Free Trade Agreement Implementation Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 3805 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
SEC. 2.\1\ PURPOSES.
The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement
between the United States and Australia, entered into
under the authority of section 2103(b) of the
Bipartisan Trade Promotion Authority Act of 2002 (19
U.S.C. 3803(b));
(2) to strengthen and develop economic relations
between the United States and Australia for their
mutual benefit;
(3) to establish free trade between the 2 nations
through the reduction and elimination of barriers to
trade in goods and services and to investment; and
(4) to lay the foundation for further cooperation to
expand and enhance the benefits of such Agreement.
SEC. 3.\1\ DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the
United States-Australia Free Trade Agreement approved
by Congress under section 101(a)(1).
(2) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
(3) Textile or apparel good.--The term ``textile or
apparel good'' means a good listed in the Annex to the
Agreement on Textiles and Clothing referred to in
section 101(d)(4) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(4)).
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
SEC. 101.\1\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative
Action.--Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress
approves--
(1) the United States-Australia Free Trade Agreement
entered into on May 18, 2004, with the Government of
Australia and submitted to Congress on July 6, 2004;
and
(2) the statement of administrative action proposed
to implement the Agreement that was submitted to
Congress on July 6, 2004.
(b) Conditions for Entry Into Force of the Agreement.--At
such time as the President determines that Australia has taken
measures necessary to bring it into compliance with those
provisions of the Agreement that are to take effect on the date
on which the Agreement enters into force, the President is
authorized to exchange notes with the Government of Australia
providing for the entry into force, on or after January 1,
2005, of the Agreement with respect to the United States.
SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No
provision of the Agreement, nor the application of any
such provision to any person or circumstance, which is
inconsistent with any law of the United States shall
have effect.
(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States, or
(B) to limit any authority conferred under
any law of the United States, unless
specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the
application thereof, may be declared invalid as to any
person or circumstance on the ground that the provision
or application is inconsistent with the Agreement,
except in an action brought by the United States for
the purpose of declaring such law or application
invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--
No person other than the United States--
(1) shall have any cause of action or defense under
the Agreement or by virtue of congressional approval
thereof; or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State, on the ground that such action or inaction
is inconsistent with the Agreement.
SEC. 103.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
AND INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of the
enactment of this Act--
(A) the President may proclaim such actions,
and
(B) other appropriate officers of the United
States Government may issue such regulations,
as may be necessary to ensure that any provision of
this Act, or amendment made by this Act, that takes
effect on the date the Agreement enters into force is
appropriately implemented on such date, but no such
proclamation or regulation may have an effective date
earlier than the date on which the Agreement enters
into force.
(2) Effective date of certain proclaimed actions.--
Any action proclaimed by the President under the
authority of this Act that is not subject to the
consultation and layover provisions under section 104,
may not take effect before the 15th day after the date
on which the text of the proclamation is published in
the Federal Register.
(3) Waiver of 15-day restriction.--The 15-day
restriction in paragraph (2) on the taking effect of
proclaimed actions is waived to the extent that the
application of such restriction would prevent the
taking effect on the date the Agreement enters into
force of any action proclaimed under this section.
(b) Initial Regulations.--Initial regulations necessary or
appropriate to carry out the actions required by or authorized
under this Act or proposed in the statement of administrative
action submitted under section 101(a)(2) to implement the
Agreement shall, to the maximum extent feasible, be issued
within 1 year after the date on which the Agreement enters into
force. In the case of any implementing action that takes effect
on a date after the date on which the Agreement enters into
force, initial regulations to carry out that action shall, to
the maximum extent feasible, be issued within 1 year after such
effective date.
SEC. 104.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
If a provision of this Act provides that the implementation
of an action by the President by proclamation is subject to the
consultation and layover requirements of this section, such
action may be proclaimed only if--
(1) the President has obtained advice regarding the
proposed action from--
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155); and
(B) the United States International Trade
Commission;
(2) the President has submitted a report to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives that
sets forth--
(A) the action proposed to be proclaimed and
the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the
first day on which the requirements set forth in
paragraphs (1) and (2) have been met has expired; and
(4) the President has consulted with such Committees
regarding the proposed action during the period
referred to in paragraph (3).
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) \1\ Establishment or Designation of Office.--The
President is authorized to establish or designate within the
Department of Commerce an office that shall be responsible for
providing administrative assistance to panels established under
chapter 21 of the Agreement. The office may not be considered
to be an agency for purposes of section 552 of title 5, United
States Code.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal year after fiscal year 2004
to the Department of Commerce such sums as may be necessary for
the establishment and operations of the office under subsection
(a) and for the payment of the United States share of the
expenses of panels established under chapter 21 of the
Agreement.
SEC. 106.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date on which the Agreement enters into
force.
(b) Exceptions.--Sections 1 through 3 and this title take
effect on the date of the enactment of this Act.
(c) Termination of the Agreement.--On the date on which the
Agreement terminates, the provisions of this Act (other than
this subsection) and the amendments made by this Act shall
cease to be effective.
TITLE II--CUSTOMS PROVISIONS \2\
---------------------------------------------------------------------------
\2\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note.
---------------------------------------------------------------------------
* * * * * * *
TITLE III--RELIEF FROM IMPORTS \3\
---------------------------------------------------------------------------
\3\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note (Subtitle A--Relief from Imports Benefiting from the
Agreement; Subtitle B--Textile and Apparel Safeguard Measures; Subtitle
C--Cases Under Title II of the Trade Act of 1974).
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* * * * * * *
TITLE IV--PROCUREMENT \4\
---------------------------------------------------------------------------
\4\ Title IV amends sec. 308(4)(A) of the Trade Agreements Act of
1979 (19 U.S.C. 2518(4)(A)).
---------------------------------------------------------------------------
* * * * * * *
(2) United States-Singapore Free Trade Agreement Implementation Act
Partial text of Public Law 108-78 [H.R. 2739], 117 Stat. 948, approved
September 3, 2003
AN ACT To implement the United States-Singapore Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.\1\ --This Act may be cited as the ``United
States-Singapore Free Trade Agreement Implementation Act''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 3805 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
SEC. 2.\1\ PURPOSES.
The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement
between the United States and the Republic of Singapore
entered into under the authority of section 2103(b) of
the Bipartisan Trade Promotion Authority Act of 2002;
(2) to strengthen and develop economic relations
between the United States and Singapore for their
mutual benefit;
(3) to establish free trade between the 2 nations
through the reduction and elimination of barriers to
trade in goods and services and to investment; and
(4) to lay the foundation for further cooperation to
expand and enhance the benefits of such Agreement.
SEC. 3.\1\ DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the
United States-Singapore Free Trade Agreement approved
by Congress under section 101(a).
(2) HTS.--The term ``HTS'' means the Harmonized
Tariff Schedule of the United States.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
SEC. 101.\1\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative
Action.--Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress
approves--
(1) the United States-Singapore Free Trade Agreement
entered into on May 6, 2003, with the Government of
Singapore and submitted to Congress on July 15, 2003;
and
(2) the statement of administrative action proposed
to implement the Agreement that was submitted to
Congress on July 15, 2003.
(b) Conditions for Entry Into Force of the Agreement.--At
such time as the President determines that Singapore has taken
measures necessary to bring it into compliance with those
provisions of the Agreement that take effect on the date on
which the Agreement enters into force, the President is
authorized to exchange notes with the Government of Singapore
providing for the entry into force, on or after January 1,
2004, of the Agreement for the United States.
SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No
provision of the Agreement, nor the application of any
such provision to any person or circumstance, which is
inconsistent with any law of the United States shall
have effect.
(2) Construction.--Nothing in this Act shall be
construed--
(A) to amend or modify any law of the United
States, or
(B) to limit any authority conferred under
any law of the United States,
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the
application thereof, may be declared invalid as to any
person or circumstance on the ground that the provision
or application is inconsistent with the Agreement,
except in an action brought by the United States for
the purpose of declaring such law or application
invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No
person other than the United States--
(1) shall have any cause of action or defense under
the Agreement or by virtue of congressional approval
thereof; or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State on the ground that such action or inaction
is inconsistent with the Agreement.
SEC. 103.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
(a) Consultation and Layover Requirements.--If a provision of
this Act provides that the implementation of an action by the
President by proclamation is subject to the consultation and
layover requirements of this section, such action may be
proclaimed only if--
(1) the President has obtained advice regarding the
proposed action from--
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974; and
(B) the United States International Trade
Commission;
(2) the President has submitted a report to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives that
sets forth--
(A) the action proposed to be proclaimed and
the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days beginning on the
first day on which the requirements of paragraphs (1)
and (2) have been met has expired; and
(4) the President has consulted with such Committees
regarding the proposed action during the period
referred to in paragraph (3).
(b) Effective Date of Certain Proclaimed Actions.--Any action
proclaimed by the President under the authority of this Act
that is not subject to the consultation and layover provisions
under subsection (a) may not take effect before the 15th day
after the date on which the text of the proclamation is
published in the Federal Register.
SEC. 104.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
AND INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of
enactment of this Act--
(A) the President may proclaim such actions,
and
(B) other appropriate officers of the United
States Government may issue such regulations--
as may be necessary to ensure that any provision of
this Act, or amendment made by this Act, that takes
effect on the date the Agreement enters into force is
appropriately implemented on such date, but no such
proclamation or regulation may have an effective date
earlier than the date of entry into force.
(2) Waiver of 15-day restriction.--The 15-day
restriction in section 103(b) on the taking effect of
proclaimed actions is waived to the extent that the
application of such restriction would prevent the
taking effect on the date the Agreement enters into
force of any action proclaimed under this section.
(b) Initial Regulations.--Initial regulations necessary or
appropriate to carry out the actions required by or authorized
under this Act or proposed in the statement of administrative
action submitted under section 101(a)(2) to implement the
Agreement shall, to the maximum extent feasible, be issued
within 1 year after the date of entry into force of the
Agreement. In the case of any implementing action that takes
effect on a date after the date of entry into force of the
Agreement, initial regulations to carry out that action shall,
to the maximum extent feasible, be issued within 1 year after
such effective date.
SEC. 105.\1\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) Establishment or Designation of Office.--The President is
authorized to establish or designate within the Department of
Commerce an office that shall be responsible for providing
administrative assistance to panels established under chapter
20 of the Agreement. Such office may not be considered to be an
agency for purposes of section 552 of title 5, United States
Code.
(b) Authorization of Appropriations.--There are authorized to
be appropriated for each fiscal year after fiscal year 2003 to
the Department of Commerce such sums as may be necessary for
the establishment and operations of the office under subsection
(a) and for the payment of the United States share of the
expenses of panels established under chapter 20 of the
Agreement.
SEC. 106.\1\ ARBITRATION OF CERTAIN CLAIMS.
(a) Submission of Certain Claims.--The United States is
authorized to resolve any claim against the United States
covered by article 15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C)
of the Agreement, pursuant to the Investor-State Dispute
Settlement procedures set forth in section C of chapter 15 of
the Agreement.
(b) Contract Clauses.--All contracts executed by any agency
of the United States on or after the date of entry into force
of the Agreement shall contain a clause specifying the law that
will apply to resolve any breach of contract claim.
SEC. 107.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date the Agreement enters into force.
(b) Exceptions.--
(1) Sections 1 through 3 and this title take effect
on the date of enactment of this Act.
(2) Section 205 takes effect on the date on which the
textile and apparel provisions of the Agreement take
effect pursuant to article 5.10 of the Agreement.
(c) Termination of the Agreement.--On the date on which the
Agreement ceases to be in force, the provisions of this Act
(other than this subsection) and the amendments made by this
Act shall cease to be effective.
TITLE II--CUSTOMS PROVISIONS \2\
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\2\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note.
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* * * * * * *
TITLE III--RELIEF FROM IMPORTS \3\
---------------------------------------------------------------------------
\3\ Freestanding provisions in this title are codified at 19 U.S.C.
3805 note (Subtitle A--Relief from Imports Benefiting from the
Agreement; Subtitle B--Textile and Apparel Safeguard Measures; Subtitle
C--Cases Under Title II of the Trade Act of 1974).
---------------------------------------------------------------------------
* * * * * * *
TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS
SEC. 401.\1\ NONIMMIGRANT TRADERS AND INVESTORS.
Upon a basis of reciprocity secured by the Agreement, an
alien who is a national of Singapore (and any spouse or child
(as defined in section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1))) of such alien, if
accompanying or following to join the alien) may, if otherwise
eligible for a visa and if otherwise admissible into the United
States under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), be considered to be classifiable as a nonimmigrant
under section 101(a)(15)(E) of such Act (8 U.S.C.
1101(a)(15)(E)) if entering solely for a purpose specified in
clause (i) or (ii) of such section 101(a)(15)(E). For purposes
of this section, the term ``national'' has the meaning given
such term in Annex 1A of the Agreement.
SEC. 402.\4\ NONIMMIGRANT PROFESSIONALS. * * *
---------------------------------------------------------------------------
\4\ Sec. 402 amends the sec. 214(g)(8) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(8)).
---------------------------------------------------------------------------
* * * * * * *
(3) United States-China Relations Act of 2000
Partial text of Division B of Public Law 106-286 [H.R. 4444], 114 Stat.
880, approved October 10, 2000; as amended by Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002
AN ACT To authorize extension of nondiscriminatory treatment (normal
trade relations treatment) to the People's Republic of China, and to
establish a framework for relations between the United States and the
People's Republic of China.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division A--Normal trade relations for the
People's Republic of China.
(2) Division B--United States-China Relations.
(b) Table of Contents.--* * *
DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA
TITLE I--NORMAL TRADE RELATIONS
SEC. 101.\1\ TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE
TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF
CHINA. * * *
* * * * * * *
DIVISION B--UNITED STATES-CHINA RELATIONS
TITLE II--GENERAL PROVISIONS
SEC. 201.\2\ SHORT TITLE OF DIVISION; TABLE OF CONTENTS OF DIVISION.
(a) Short Title of Division.--This division may be cited as
the ``U.S.-China Relations Act of 2000''.
---------------------------------------------------------------------------
\1\ Title I, Division A of this Act can be found on page 1176 of
this volume.
\2\ 22 U.S.C. 6901 note.
---------------------------------------------------------------------------
(b) Table of Contents of Division.--The table of contents of
this division is as follows: * * *
* * * * * * *
SEC. 202.\3\ FINDINGS.
The Congress finds the following:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 6901.
---------------------------------------------------------------------------
(1) In 1980, the United States opened trade relations
with the People's Republic of China by entering into a
bilateral trade agreement, which was approved by joint
resolution enacted pursuant to section 405(c) of the
Trade Act of 1974.
(2) Since 1980, the President has consistently
extended nondiscriminatory treatment to products of the
People's Republic of China, pursuant to his authority
under section 404 of the Trade Act of 1974.
(3) Since 1980, the United States has entered into
several additional trade-related agreements with the
People's Republic of China, including a memorandum of
understanding on market access in 1992, two agreements
on intellectual property rights protection in 1992 and
1995, and an agreement on agricultural cooperation in
1999.
(4) Trade in goods between the People's Republic of
China and the United States totaled almost
$95,000,000,000 in 1999, compared with approximately
$18,000,000,000 in 1989, representing growth of
approximately 428 percent over 10 years.
(5) The United States merchandise trade deficit with
the People's Republic of China has grown from
approximately $6,000,000,000 in 1989 to over
$68,000,000,000 in 1999, a growth of over 1,000
percent.
(6) The People's Republic of China currently
restricts imports through relatively high tariffs and
nontariff barriers, including import licensing,
technology transfer, and local content requirements.
(7) United States businesses attempting to sell goods
to markets in the People's Republic of China have
complained of uneven application of tariffs, customs
procedures, and other laws, rules, and administrative
measures affecting their ability to sell their products
in the Chinese market.
(8) On November 15, 1999, the United States and the
People's Republic of China concluded a bilateral
agreement concerning terms of the People's Republic of
China's eventual accession to the World Trade
Organization.
(9) The commitments that the People's Republic of
China made in its November 15, 1999, agreement with the
United States promise to eliminate or greatly reduce
the principal barriers to trade with and investment in
the People's Republic of China, if those commitments
are effectively complied with and enforced.
(10) The record of the People's Republic of China in
implementing trade-related commitments has been mixed.
While the People's Republic of China has generally met
the requirements of the 1992 market access memorandum
of understanding and the 1992 and 1995 agreements on
intellectual property rights protection, other measures
remain in place or have been put into place which tend
to diminish the benefit to United States businesses,
farmers, and workers from the People's Republic of
China's implementation of those earlier commitments.
Notably, administration of tariff-rate quotas and other
trade-related laws remains opaque, new local content
requirements have proliferated, restrictions on
importation of animal and plant products are not always
supported by sound science, and licensing requirements
for importation and distribution of goods remain
common. Finally, the Government of the People's
Republic of China has failed to cooperate with the
United States Customs Service in implementing a 1992
memorandum of understanding prohibiting trade in
products made by prison labor.
(11) The human rights record of the People's Republic
of China is a matter of very serious concern to the
Congress. The Congress notes that the Department of
State's 1999 Country Reports on Human Rights Practices
for the People's Republic of China finds that ``[t]he
Government's poor human rights record deteriorated
markedly throughout the year, as the Government
intensified efforts to suppress dissent, particularly
organized dissent.''.
(12) The Congress deplores violations by the
Government of the People's Republic of China of human
rights, religious freedoms, and worker rights that are
referred to in the Department of State's 1999 Country
Reports on Human Rights Practices for the People's
Republic of China, including the banning of the Falun
Gong spiritual movement, denial in many cases,
particularly politically sensitive ones, of effective
representation by counsel and public trials,
extrajudicial killings and torture, forced abortion and
sterilization, restriction of access to Tibet and
Xinjiang, perpetuation of ``reeducation through
labor'', denial of the right of workers to organize
labor unions or bargain collectively with their
employers, and failure to implement a 1992 memorandum
of understanding prohibiting trade in products made by
SEC. 203.\4\ POLICY.
It is the policy of the United States--
---------------------------------------------------------------------------
\4\ 22 U.S.C. 6902.
---------------------------------------------------------------------------
(1) to develop trade relations that broaden the
benefits of trade, and lead to a leveling up, rather
than a leveling down, of labor, environmental,
commercial rule of law, market access, anticorruption,
and other standards across national borders;
(2) to pursue effective enforcement of trade-related
and other international commitments by foreign
governments through enforcement mechanisms of
international organizations and through the application
of United States law as appropriate;
(3) to encourage foreign governments to conduct both
commercial and noncommercial affairs according to the
rule of law developed through democratic processes;
(4) to encourage the Government of the People's
Republic of China to afford its workers internationally
recognized worker rights;
(5) to encourage the Government of the People's
Republic of China to protect the human rights of people
within the territory of the People's Republic of China,
and to take steps toward protecting such rights,
including, but not limited to--
(A) ratifying the International Covenant on
Civil and Political Rights;
(B) protecting the right to liberty of
movement and freedom to choose a residence
within the People's Republic of China and the
right to leave from and return to the People's
Republic of China; and
(C) affording a criminal defendant--
(i) the right to be tried in his or
her presence, and to defend himself or
herself in person or through legal
assistance of his or her own choosing;
(ii) the right to be informed, if he
or she does not have legal assistance,
of the right set forth in clause (i);
(iii) the right to have legal
assistance assigned to him or her in
any case in which the interests of
justice so require and without payment
by him or her in any such case if he or
she does not have sufficient means to
pay for it;
(iv) the right to a fair and public
hearing by a competent, independent,
and impartial tribunal established by
the law;
(v) the right to be presumed innocent
until proved guilty according to law;
and
(vi) the right to be tried without
undue delay; and
(6) to highlight in the United Nations Human Rights
Commission and in other appropriate fora violations of
human rights by foreign governments and to seek the
support of other governments in urging improvements in
human rights practices.
SEC. 204.\5\ DEFINITIONS.
In this division:
---------------------------------------------------------------------------
\5\ 22 U.S.C. 6903.
---------------------------------------------------------------------------
(1) Dispute settlement understanding.--The term
``Dispute Settlement Understanding'' means the
Understanding on Rules and Procedures Governing the
Settlement of Disputes referred to in section
101(d)(16) of the Uruguay Round Agreements Act (19
U.S.C. 3511(16)).
(2) Government of the people's republic of china.--
The term ``Government of the People's Republic of
China'' means the central Government of the People's
Republic of China and any other governmental entity,
including any provincial, prefectural, or local entity
and any enterprise that is controlled by the central
Government or any such governmental entity or as to
which the central Government or any such governmental
entity is entitled to receive a majority of the
profits.
(3) Internationally recognized worker rights.--The
term ``internationally recognized worker rights'' has
the meaning given that term in section 507(4) of the
Trade Act of 1974 (19 U.S.C. 2467(4)) and includes the
right to the elimination of the ``worst forms of child
labor'', as defined in section 507(6) of the Trade Act
of 1974 (19 U.S.C. 2467(6)).
(4) Trade representative.--The term ``Trade
Representative'' means the United States Trade
Representative.
(5) WTO; world trade organization.--The terms ``WTO''
and ``World Trade Organization'' mean the organization
established pursuant to the WTO Agreement.
(6) WTO agreement.--The term ``WTO Agreement'' means
the Agreement Establishing the World Trade Organization
entered into on April 15, 1994.
(7) WTO member.--The term ``WTO member'' has the
meaning given that term in section 2(10) of the Uruguay
Round Agreements Act (19 U.S.C. 3501(10)).
TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
OF CHINA
SEC. 301.\6\ ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE
PEOPLE'S REPUBLIC OF CHINA.
There is established a Congressional-Executive Commission on
the People's Republic of China (in this title referred to as
the ``Commission'').
---------------------------------------------------------------------------
\6\ 22 U.S.C. 6911.
---------------------------------------------------------------------------
SEC. 302.\7\ FUNCTIONS OF THE COMMISSION.
(a) Monitoring Compliance With Human Rights.--The Commission
shall monitor the acts of the People's Republic of China which
reflect compliance with or violation of human rights, in
particular, those contained in the International Covenant on
Civil and Political Rights and in the Universal Declaration of
Human Rights, including, but not limited to, effectively
affording--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 6912.
---------------------------------------------------------------------------
(1) the right to engage in free expression without
fear of any prior restraints;
(2) the right to peaceful assembly without
restrictions, in accordance with international law;
(3) religious freedom, including the right to worship
free of involvement of and interference by the
government;
(4) the right to liberty of movement and freedom to
choose a residence within the People's Republic of
China and the right to leave from and return to the
People's Republic of China;
(5) the right of a criminal defendant--
(A) to be tried in his or her presence, and
to defend himself or herself in person or
through legal assistance of his or her own
choosing;
(B) to be informed, if he or she does not
have legal assistance, of the right set forth
in subparagraph (A);
(C) to have legal assistance assigned to him
or her in any case in which the interests of
justice so require and without payment by him
or her in any such case if he or she does not
have sufficient means to pay for it;
(D) to a fair and public hearing by a
competent, independent, and impartial tribunal
established by the law;
(E) to be presumed innocent until proved
guilty according to law; and
(F) to be tried without undue delay;
(6) the right to be free from torture and other forms
of cruel or unusual punishment;
(7) protection of internationally recognized worker
rights;
(8) freedom from incarceration as punishment for
political opposition to the government;
(9) freedom from incarceration as punishment for
exercising or advocating human rights (including those
described in this section);
(10) freedom from arbitrary arrest, detention, or
exile;
(11) the right to fair and public hearings by an
independent tribunal for the determination of a
citizen's rights and obligations; and
(12) free choice of employment.
(b) Victims Lists.--The Commission shall compile and maintain
lists of persons believed to be imprisoned, detained, or placed
under house arrest, tortured, or otherwise persecuted by the
Government of the People's Republic of China due to their
pursuit of the rights described in subsection (a). In compiling
such lists, the Commission shall exercise appropriate
discretion, including concerns regarding the safety and
security of, and benefit to, the persons who may be included on
the lists and their families.
(c) Monitoring Development of Rule of Law.--The Commission
shall monitor the development of the rule of law in the
People's Republic of China, including, but not limited to--
(1) progress toward the development of institutions
of democratic governance;
(2) processes by which statutes, regulations, rules,
and other legal acts of the Government of the People's
Republic of China are developed and become binding
within the People's Republic of China;
(3) the extent to which statutes, regulations, rules,
administrative and judicial decisions, and other legal
acts of the Government of the People's Republic of
China are published and are made accessible to the
public;
(4) the extent to which administrative and judicial
decisions are supported by statements of reasons that
are based upon written statutes, regulations, rules,
and other legal acts of the Government of the People's
Republic of China;
(5) the extent to which individuals are treated
equally under the laws of the of the People's Republic
of China without regard to citizenship;
(6) the extent to which administrative and judicial
decisions are independent of political pressure or
governmental interference and are reviewed by entities
of appellate jurisdiction; and
(7) the extent to which laws in the People's Republic
of China are written and administered in ways that are
consistent with international human rights standards,
including the requirements of the International
Covenant on Civil and Political Rights.
(d) Bilateral Cooperation.--The Commission shall monitor and
encourage the development of programs and activities of the
United States Government and private organizations with a view
toward increasing the interchange of people and ideas between
the United States and the People's Republic of China and
expanding cooperation in areas that include, but are not
limited to--
(1) increasing enforcement of human rights described
in subsection (a); and
(2) developing the rule of law in the People's
Republic of China.
(e) Contacts With Nongovernmental Organizations.--In
performing the functions described in subsections (a) through
(d), the Commission shall, as appropriate, seek out and
maintain contacts with nongovernmental organizations, including
receiving reports and updates from such organizations and
evaluating such reports.
(f ) Cooperation With Special Coordinator.--In performing the
functions described in subsections (a) through (d), the
Commission shall cooperate with the Special Coordinator for
Tibetan Issues in the Department of State.
(g) Annual Reports.--The Commission shall issue a report to
the President and the Congress not later than 12 months after
the date of the enactment of this Act, and not later than the
end of each 12-month period thereafter, setting forth the
findings of the Commission during the preceding 12-month
period, in carrying out subsections (a) through (c). The
Commission's report may contain recommendations for legislative
or executive action.
(h) Specific Information in Annual Reports.--The Commission's
report under subsection (g) shall include--
(1) \8\ specific information as to the nature and
implementation of laws or policies concerning the
rights set forth in paragraphs (1) through (12) of
subsection (a), and as to restrictions applied to or
discrimination against persons exercising any of the
rights set forth in such paragraphs; and
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\8\ Sec. 615 of the Tibet Policy Act of 2002 (subtitle B of title
VI of Public Law 107-228; 116 Stat. 1396) struck out ``shall include
specific information'', and inserted in lieu thereof ``shall include--
(1) specific information'', and added para. (2).
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(2) \8\ a description of the status of negotiations
between the Government of the People's Republic of
China and the Dalai Lama or his representatives, and
measures taken to safeguard Tibet's distinct
historical, religious, cultural, and linguistic
identity and the protection of human rights.
(i) Congressional Hearings on Annual Reports.--(1) The
Committee on International Relations of the House of
Representatives shall, not later than 30 days after the receipt
by the Congress of the report referred to in subsection (g),
hold hearings on the contents of the report, including any
recommendations contained therein, for the purpose of receiving
testimony from Members of Congress, and such appropriate
representatives of Federal departments and agencies, and
interested persons and groups, as the committee deems
advisable, with a view to reporting to the House of
Representatives any appropriate legislation in furtherance of
such recommendations. If any such legislation is considered by
the Committee on International Relations within 45 days after
receipt by the Congress of the report referred to in subsection
(g), it shall be reported by the committee not later than 60
days after receipt by the Congress of such report.
(2) The provisions of paragraph (1) are enacted by the
Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives, and as such are deemed a part
of the rules of the House, and they supersede other
rules only to the extent that they are inconsistent
therewith; and
(B) with full recognition of the constitutional right
of the House to change the rules (so far as relating to
the procedure of the House) at any time, in the same
manner and to the same extent as in the case of any
other rule of the House.
(j) Supplemental Reports.--The Commission may submit to the
President and the Congress reports that supplement the reports
described in subsection (g), as appropriate, in carrying out
subsections (a) through (c).
SEC. 303.\9\ MEMBERSHIP OF THE COMMISSION.
(a) Selection and Appointment of Members.--The Commission
shall be composed of 23 members as follows:
---------------------------------------------------------------------------
\9\ 22 U.S.C. 6913.
---------------------------------------------------------------------------
(1) Nine Members of the House of Representatives
appointed by the Speaker of the House of
Representatives. Five members shall be selected from
the majority party and four members shall be selected,
after consultation with the minority leader of the
House, from the minority party.
(2) Nine Members of the Senate appointed by the
President of the Senate. Five members shall be
selected, after consultation with the majority leader
of the Senate, from the majority party, and four
members shall be selected, after consultation with the
minority leader of the Senate, from the minority party.
(3) One representative of the Department of State,
appointed by the President of the United States from
among officers and employees of that Department.
(4) One representative of the Department of Commerce,
appointed by the President of the United States from
among officers and employees of that Department.
(5) One representative of the Department of Labor,
appointed by the President of the United States from
among officers and employees of that Department.
(6) Two at-large representatives, appointed by the
President of the United States, from among the officers
and employees of the executive branch.
(b) Chairman and Cochairman.--
(1) Designation of chairman.--At the beginning of
each odd-numbered Congress, the President of the
Senate, on the recommendation of the majority leader,
shall designate one of the members of the Commission
from the Senate as Chairman of the Commission. At the
beginning of each even-numbered Congress, the Speaker
of the House of Representatives shall designate one of
the members of the Commission from the House as
Chairman of the Commission.
(2) Designation of cochairman.--At the beginning of
each odd-numbered Congress, the Speaker of the House of
Representatives shall designate one of the members of
the Commission from the House as Cochairman of the
Commission. At the beginning of each even-numbered
Congress, the President of the Senate, on the
recommendation of the majority leader, shall designate
one of the members of the Commission from the Senate as
Cochairman of the Commission.
SEC. 304.\10\ VOTES OF THE COMMISSION.
Decisions of the Commission, including adoption of reports
and recommendations to the executive branch or to the Congress,
shall be made by a majority vote of the members of the
Commission present and voting. Two-thirds of the Members of the
Commission shall constitute a quorum for purposes of conducting
business.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 6914.
---------------------------------------------------------------------------
SEC. 305.\11\ EXPENDITURE OF APPROPRIATIONS.
For each fiscal year for which an appropriation is made to
the Commission, the Commission shall issue a report to the
Congress on its expenditures under that appropriation.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 6915.
---------------------------------------------------------------------------
SEC. 306.\12\ TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE
OF SUBPOENAS; ADMINISTRATION OF OATHS.
In carrying out this title, the Commission may require, by
subpoena or otherwise, the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, documents, and
electronically recorded data as it considers necessary.
Subpoenas may be issued only pursuant to a two-thirds vote of
members of the Commission present and voting. Subpoenas may be
issued over the signature of the Chairman of the Commission or
any member designated by the Chairman, and may be served by any
person designated by the Chairman or such member. The Chairman
of the Commission, or any member designated by the Chairman,
may administer oaths to any witness.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 6916.
---------------------------------------------------------------------------
SEC. 307.\13\ APPROPRIATIONS FOR THE COMMISSION.
(a) Authorization; Disbursements.--
---------------------------------------------------------------------------
\13\ 22 U.S.C. 6917.
---------------------------------------------------------------------------
(1) Authorization.--There are authorized to be
appropriated to the Commission for fiscal year 2001,
and each fiscal year thereafter, such sums as may be
necessary to enable it to carry out its functions.
Appropriations to the Commission are authorized to
remain available until expended.
(2) Disbursements.--Appropriations to the Commission
shall be disbursed on vouchers approved--
(A) jointly by the Chairman and the
Cochairman; or
(B) by a majority of the members of the
personnel and administration committee
established pursuant to section 308.
(b) Foreign Travel for Official Purposes.--Foreign travel for
official purposes by members and staff of the Commission may be
authorized by either the Chairman or the Cochairman.
SEC. 308.\14\ STAFF OF THE COMMISSION.
(a) Personnel and Administration Committee.--The Commission
shall have a personnel and administration committee composed of
the Chairman, the Cochairman, the senior member of the
Commission from the minority party of the House of
Representatives, and the senior member of the Commission from
the minority party of the Senate.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 6918.
---------------------------------------------------------------------------
(b) Committee Functions.--All decisions pertaining to the
hiring, firing, and fixing of pay of personnel of the
Commission shall be by a majority vote of the personnel and
administration committee, except that--
(1) the Chairman shall be entitled to appoint and fix
the pay of the staff director, and the Cochairman shall
be entitled to appoint and fix the pay of the
Cochairman's senior staff member; and
(2) the Chairman and Cochairman shall each have the
authority to appoint, with the approval of the
personnel and administration committee, at least four
professional staff members who shall be responsible to
the Chairman or the Cochairman (as the case may be) who
appointed them.
Subject to subsection (d), the personnel and administration
committee may appoint and fix the pay of such other personnel
as it considers desirable.
(c) Staff Appointments.--All staff appointments shall be made
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and
general schedule pay rates.
(d) Qualifications of Professional Staff.--The personnel and
administration committee shall ensure that the professional
staff of the Commission consists of persons with expertise in
areas including human rights, internationally recognized worker
rights, international economics, law (including international
law), rule of law and other foreign assistance programming,
Chinese politics, economy and culture, and the Chinese
language.
(e) Commission Employees as Congressional Employees.--
(1) In general.--For purposes of pay and other
employment benefits, rights, and privileges, and for
all other purposes, any employee of the Commission
shall be considered to be a congressional employee as
defined in section 2107 of title 5, United States Code.
(2) Competitive status.--For purposes of section
3304(c)(1) of title 5, United States Code, employees of
the Commission shall be considered as if they are in
positions in which they are paid by the Secretary of
the Senate or the Clerk of the House of
Representatives.
SEC. 309.\15\ PRINTING AND BINDING COSTS.
For purposes of costs relating to printing and binding,
including the costs of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a
committee of the Congress.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 6919.
---------------------------------------------------------------------------
TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF
CHINA'S WTO COMMITMENTS
Subtitle A--Review of Membership of the People's Republic of China in
the WTO
SEC. 401.\16\ REVIEW WITHIN THE WTO.
It shall be the objective of the United States to obtain as
part of the Protocol of Accession of the People's Republic of
China to the WTO, an annual review within the WTO of the
compliance by the People's Republic of China with its terms of
accession to the WTO.
---------------------------------------------------------------------------
\16\ 22 U.S.C. 6931.
---------------------------------------------------------------------------
Subtitle B--Authorization To Promote Compliance With Trade Agreements
SEC. 411.\17\ FINDINGS.
The Congress finds as follows:
---------------------------------------------------------------------------
\17\ 22 U.S.C. 6941.
---------------------------------------------------------------------------
(1) The opening of world markets through the
elimination of tariff and nontariff barriers has
contributed to a 56-percent increase in exports of
United States goods and services since 1992.
(2) Such export expansion, along with an increase in
trade generally, has helped fuel the longest economic
expansion in United States history.
(3) The United States Government must continue to be
vigilant in monitoring and enforcing the compliance by
our trading partners with trade agreements in order for
United States businesses, workers, and farmers to
continue to benefit from the opportunities created by
market-opening trade agreements.
(4) The People's Republic of China, as part of its
accession to the World Trade Organization, has
committed to eliminating significant trade barriers in
the agricultural, services, and manufacturing sectors
that, if realized, would provide considerable
opportunities for United States farmers, businesses,
and workers.
(5) For these opportunities to be fully realized, the
United States Government must effectively monitor and
enforce its rights under the agreements on the
accession of the People's Republic of China to the WTO.
SEC. 412.\18\ PURPOSE.
The purpose of this subtitle is to authorize additional
resources for the agencies and departments engaged in
monitoring and enforcement of United States trade agreements
and trade laws with respect to the People's Republic of China.
---------------------------------------------------------------------------
\18\ 22 U.S.C. 6942.
---------------------------------------------------------------------------
SEC. 413.\19\ AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Commerce.--There is authorized to be
appropriated to the Department of Commerce, in addition to
amounts otherwise available for such purposes, such sums as may
be necessary for fiscal year 2001, and each fiscal year
thereafter, for additional staff for--
---------------------------------------------------------------------------
\19\ 22 U.S.C. 6943.
---------------------------------------------------------------------------
(1) monitoring compliance by the People's Republic of
China with its commitments under the WTO, assisting
United States negotiators with ongoing negotiations in
the WTO, and defending United States antidumping and
countervailing duty measures with respect to products
of the People's Republic of China;
(2) enforcement of United States trade laws with
respect to products of the People's Republic of China;
and
(3) a Trade Law Technical Assistance Center to assist
small- and medium-sized businesses, workers, and unions
in evaluating potential remedies available under the
trade laws of the United States with respect to trade
involving the People's Republic of China.
(b) Overseas Compliance Program.--
(1) Authorization of appropriation.--There are
authorized to be appropriated to the Department of
Commerce and the Department of State, in addition to
amounts otherwise available, such sums as may be
necessary for fiscal year 2001, and each fiscal year
thereafter, to provide staff for monitoring in the
People's Republic of China that country's compliance
with its international trade obligations and to support
the enforcement of the trade laws of the United States,
as part of an Overseas Compliance Program which
monitors abroad compliance with international trade
obligations and supports the enforcement of United
States trade laws.
(2) Reporting.--The annual report on compliance by
the People's Republic of China submitted to the
Congress under section 421 of this Act shall include
the findings of the Overseas Compliance Program with
respect to the People's Republic of China.
(c) United States Trade Representative.--There are authorized
to be appropriated to the Office of the United States Trade
Representative, in addition to amounts otherwise available for
such purposes, such sums as may be necessary for fiscal year
2001, and each fiscal year thereafter, for additional staff
in--
(1) the Office of the General Counsel, the Monitoring
and Enforcement Unit, and the Office of the Deputy
United States Trade Representative in Geneva,
Switzerland, to investigate, prosecute, and defend
cases before the WTO, and to administer United States
trade laws, including title III of the Trade Act of
1974 (19 U.S.C. 2411 et seq.) and other trade laws
relating to intellectual property, government
procurement, and telecommunications, with respect to
the People's Republic of China;
(2) the Office of Economic Affairs, to analyze the
impact on the economy of the United States, including
United States exports, of acts of the Government of the
People's Republic of China affecting access to markets
in the People's Republic of China and to support the
Office of the General Counsel in presenting cases to
the WTO involving the People's Republic of China;
(3) the geographic office for the People's Republic
of China; and
(4) offices relating to the WTO and to different
sectors of the economy, including agriculture,
industry, services, and intellectual property rights
protection, to monitor and enforce the trade agreement
obligations of the People's Republic of China in those
sectors.
(d) Department of Agriculture.--There are authorized to be
appropriated to the Department of Agriculture, in addition to
amounts otherwise available for such purposes, such sums as may
be necessary for fiscal year 2001, and each fiscal year
thereafter, for additional staff to increase legal and
technical expertise in areas covered by trade agreements and
United States trade law, including food safety and
biotechnology, for purposes of monitoring compliance by the
People's Republic of China with its trade agreement
obligations.
Subtitle C--Report on Compliance by the People's Republic of China With
WTO Obligations
SEC. 421.\20\ REPORT ON COMPLIANCE.
(a) In General.--Not later than 1 year after the entry into
force of the Protocol of Accession of the People's Republic of
China to the WTO, and annually thereafter, the Trade
Representative shall submit a report to Congress on compliance
by the People's Republic of China with commitments made in
connection with its accession to the World Trade Organization,
including both multilateral commitments and any bilateral
commitments made to the United States.
---------------------------------------------------------------------------
\20\ 22 U.S.C. 6951.
---------------------------------------------------------------------------
(b) Public Participation.--In preparing the report described
in subsection (a), the Trade Representative shall seek public
participation by publishing a notice in the Federal Register
and holding a public hearing.
TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA
Subtitle A--Task Force on Prohibition of Importation of Products of
Forced or Prison Labor From the People's Republic of China
SEC. 501.\21\ ESTABLISHMENT OF TASK FORCE.
There is hereby established a task force on prohibition of
importation of products of forced or prison labor from the
People's Republic of China (hereafter in this subtitle referred
to as the ``Task Force'').
---------------------------------------------------------------------------
\21\ 22 U.S.C. 6961.
---------------------------------------------------------------------------
SEC. 502.\22\ FUNCTIONS OF TASK FORCE.
The Task Force shall monitor and promote effective
enforcement of and compliance with section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307) by performing the following
functions:
---------------------------------------------------------------------------
\22\ 22 U.S.C. 6962.
---------------------------------------------------------------------------
(1) Coordinate closely with the United States Customs
Service to promote maximum effectiveness in the
enforcement by the Customs Service of section 307 of
the Tariff Act of 1930 with respect to the products of
the People's Republic of China. In order to assure such
coordination, the Customs Service shall keep the Task
Force informed, on a regular basis, of the progress of
its investigations of allegations that goods are being
entered into the United States, or that such entry is
being attempted, in violation of the prohibition in
section 307 of the Tariff Act of 1930 on entry into the
United States of goods mined, produced, or manufactured
wholly or in part in the People's Republic of China by
convict labor, forced labor, or indentured labor under
penal sanctions. Such investigations may include visits
to foreign sites where goods allegedly are 114
STAT. 904 deg. being mined, produced, or manufactured
in a manner that would lead to prohibition of their
importation into the United States under section 307 of
the Tariff Act of 1930.
(2) Make recommendations to the Customs Service on
seeking new agreements with the People's Republic of
China to allow Customs Service officials to visit sites
where goods may be mined, produced, or manufactured by
convict labor, forced labor, or indentured labor under
penal sanctions.
(3) Work with the Customs Service to assist the
People's Republic of China and other foreign
governments in monitoring the sale of goods mined,
produced, or manufactured by convict labor, forced
labor, or indentured labor under penal sanctions to
ensure that such goods are not exported to the United
States.
(4) Coordinate closely with the Customs Service to
promote maximum effectiveness in the enforcement by the
Customs Service of section 307 of the Tariff Act of
1930 with respect to the products of the People's
Republic of China. In order to assure such
coordination, the Customs Service shall keep the Task
Force informed, on a regular basis, of the progress of
its monitoring of ports of the United States to ensure
that goods mined, produced, or manufactured wholly or
in part in the People's Republic of China by convict
labor, forced labor, or indentured labor under penal
sanctions are not imported into the United States.
(5) Advise the Customs Service in performing such
other functions, consistent with existing authority, to
ensure the effective enforcement of section 307 of the
Tariff Act of 1930.
(6) Provide to the Customs Service all information
obtained by the departments represented on the Task
Force relating to the use of convict labor, forced
labor, or/and indentured labor under penal sanctions in
the mining, production, or manufacture of goods which
may be imported into the United States.
SEC. 503.\23\ COMPOSITION OF TASK FORCE.
The Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Labor, the Secretary of State, the Commissioner of
Customs, and the heads of other executive branch agencies, as
appropriate, acting through their respective designees at or
above the level of Deputy Assistant Secretary, or in the case
of the Customs Service, at or above the level of Assistant
Commissioner, shall compose the Task Force. The designee of the
Secretary of the Treasury shall chair the Task Force.
---------------------------------------------------------------------------
\23\ 22 U.S.C. 6963.
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SEC. 504.\24\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2001,
and each fiscal year thereafter, such sums as may be necessary
for the Task Force to carry out the functions described in
section 502.
---------------------------------------------------------------------------
\24\ 22 U.S.C. 6964.
---------------------------------------------------------------------------
SEC. 505.\25\ REPORTS TO CONGRESS.
(a) Frequency of Reports.--Not later than the date that is 1
year after the date of the enactment of this Act, and not later
than the end of each 1-year period thereafter, the Task Force
shall submit to the Congress a report on the work of the Task
Force during the preceding 1-year period.
---------------------------------------------------------------------------
\25\ 22 U.S.C. 6965.
---------------------------------------------------------------------------
(b) Contents of Reports.--Each report under subsection (a)
shall set forth, at a minimum--
(1) the number of allegations of violations of
section 307 of the Tariff Act of 1930 with respect to
products of the Peoples' Republic of China that were
investigated during the preceding 1-year period;
(2) the number of actual violations of section 307 of
the Tariff Act of 1930 with respect to the products of
the People's Republic of China that were discovered
during the preceding 1-year period;
(3) in the case of each attempted entry of products
of the People's Republic of China in violation of such
section 307 discovered during the preceding 1-year
period--
(A) the identity of the exporter of the
goods;
(B) the identity of the person or persons who
attempted to sell the goods for export; and
(C) the identity of all parties involved in
transshipment of the goods; and
(4) such other information as the Task Force
considers useful in monitoring and enforcing compliance
with section 307 of the Tariff Act of 1930.
Subtitle B--Assistance To Develop Commercial and Labor Rule of Law
SEC. 511.\26\ ESTABLISHMENT OF TECHNICAL ASSISTANCE AND RULE OF LAW
PROGRAMS.
(a) Commerce Rule of Law Program.--The Secretary of Commerce,
in consultation with the Secretary of State, is authorized to
establish a program to conduct rule of law training and
technical assistance related to commercial activities in the
People's Republic of China.
---------------------------------------------------------------------------
\26\ 22 U.S.C. 6981.
---------------------------------------------------------------------------
(b) Labor Rule of Law Program.--
(1) In general.--The Secretary of Labor, in
consultation with the Secretary of State, is authorized
to establish a program to conduct rule of law training
and technical assistance related to the protection of
internationally recognized worker rights in the
People's Republic of China.
(2) Use of amounts.--In carrying out paragraph (1),
the Secretary of Labor shall focus on activities
including, but not limited to--
(A) developing, laws, regulations, and other
measures to implement internationally
recognized worker rights;
(B) establishing national mechanisms for the
enforcement of national labor laws and
regulations;
(C) training government officials concerned
with implementation and enforcement of national
labor laws and regulations; and
(D) developing an educational infrastructure
to educate workers about their legal rights and
protections under national labor laws and
regulations.
(3) Limitation.--The Secretary of Labor may not
provide assistance under the program established under
this subsection to the All-China Federation of Trade
Unions.
(c) Legal System and Civil Society Rule of Law Program.--The
Secretary of State is authorized to establish a program to
conduct rule of law training and technical assistance related
to development of the legal system and civil society generally
in the People's Republic of China.
(d) Conduct of Programs.--The programs authorized by this
section may be used to conduct activities such as seminars and
workshops, drafting of commercial and labor codes, legal
training, publications, financing the operating costs for
nongovernmental organizations working in this area, and funding
the travel of individuals to the United States and to the
People's Republic of China to provide and receive training.
SEC. 512.\27\ ADMINISTRATIVE AUTHORITIES.
In carrying out the programs authorized by section 511, the
Secretary of Commerce and the Secretary of Labor (in
consultation with the Secretary of State) may utilize any of
the authorities contained in the Foreign Assistance Act of 1961
and the Foreign Service Act of 1980.
---------------------------------------------------------------------------
\27\ 22 U.S.C. 6982.
---------------------------------------------------------------------------
SEC. 513.\28\ PROHIBITION RELATING TO HUMAN RIGHTS ABUSES.
Amounts made available to carry out this subtitle may not be
provided to a component of a ministry or other administrative
unit of the national, provincial, or other local governments of
the People's Republic of China, to a nongovernmental
organization, or to an official of such governments or
organizations, if the President has credible evidence that such
component, administrative unit, organization or official has
been materially responsible for the commission of human rights
violations.
---------------------------------------------------------------------------
\28\ 22 U.S.C. 6983.
---------------------------------------------------------------------------
SEC. 514.\29\ AUTHORIZATION OF APPROPRIATIONS.
(a) Commercial Law Program.--There are authorized to be
appropriated to the Secretary of Commerce to carry out the
program described in section 511(a) such sums as may be
necessary for fiscal year 2001, and each fiscal year
thereafter.
---------------------------------------------------------------------------
\29\ 22 U.S.C. 6984.
---------------------------------------------------------------------------
(b) Labor Law Program.--There are authorized to be
appropriated to the Secretary of Labor to carry out the program
described in section 511(b) such sums as may be necessary for
fiscal year 2001, and each fiscal year thereafter.
(c) Legal System and Civil Society Rule of Law Program.--
There are authorized to be appropriated to the Secretary of
State to carry out the program described in section 511(c) such
sums as may be necessary for fiscal year 2001, and each fiscal
year thereafter.
(d) Construction With Other Laws.--Except as provided in this
division, funds may be made available to carry out the purposes
of this subtitle notwithstanding any other provision of law.
TITLE VI--ACCESSION OF TAIWAN TO THE WTO
SEC. 601.\30\ ACCESSION OF TAIWAN TO THE WTO.
It is the sense of the Congress that--
---------------------------------------------------------------------------
\30\ 22 U.S.C. 6991.
---------------------------------------------------------------------------
(1) immediately upon approval by the General Council
of the WTO of the terms and conditions of the accession
of the People's Republic of China to the WTO, the
United States representative to the WTO should request
that the General Council of the WTO consider Taiwan's
accession to the WTO 114 STAT. 907 deg. as the
next order of business of the Council during the same
session; and
(2) the United States should be prepared to
aggressively counter any effort by any WTO member, upon
the approval of the General Council of the WTO of the
terms and conditions of the accession of the People's
Republic of China to the WTO, to block the accession of
Taiwan to the WTO.
TITLE VII--RELATED ISSUES
SEC. 701.\31\ AUTHORIZATIONS OF APPROPRIATIONS FOR BROADCASTING CAPITAL
IMPROVEMENTS AND INTERNATIONAL BROADCASTING
OPERATIONS.
(a) Broadcasting Capital Improvements.--In addition to such
sums as may otherwise be authorized to be appropriated, there
are authorized to be appropriated for ``Department of State and
Related Agency, Related Agency, Broadcasting Board of
Governors, Broadcasting Capital Improvements'' $65,000,000 for
the fiscal year 2003.\32\
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\31\ 22 U.S.C. 7001.
\32\ Sec. 121(b) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1360), struck out ``2001'' and
inserted in lieu thereof ``2003'' in subsec. (a) and struck out ``2001
and 2002'' and inserted in lieu thereof ``2001, 2002, and 2003'' in
subsec. (b)(1).
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(b) International Broadcasting Operations.--
(1) Authorization of appropriations.--In addition to
such sums as are otherwise authorized to be
appropriated, there are authorized to be appropriated
$34,000,000 for each of the fiscal years 2001, 2002,
and 2003 \32\ for ``Department of State and Related
Agency, Related Agency, Broadcasting Board of
Governors, International Broadcasting Operations'' for
the purposes under paragraph (2).
(2) Uses of funds.--In addition to other authorized
purposes, funds appropriated pursuant to paragraph (1)
shall be used for the following:
(A) To increase personnel for the program
development office to enhance marketing
programming in the People's Republic of China
and neighboring countries.
(B) To enable Radio Free Asia's expansion of
news research, production, call-in show
capability, and web site/Internet enhancement
for the People's Republic of China and
neighboring countries.
(C) VOA enhancements, including the opening
of new news bureaus in Taipei and Shanghai,
enhancement of TV Mandarin, and an increase of
stringer presence abroad.
(4) United States-Hong Kong Policy Act of 1992
Public Law 102-383 [S. 1731], 106 Stat. 1448, approved October 5, 1992;
as amended by Public Law 104-107 [Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996; H.R. 1868], 110 Stat.
704, approved February 12, 1996; Public Law 105-206 [Internal Revenue
Service Restructuring and Reform Act of 1998; H.R. 2676], 112 Stat.
685, approved July 22, 1998; and Public Law 107-77 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002; H.R.
2506], 115 Stat. 2118, approved January 10, 2002
AN ACT To set forth the policy of the United States with respect to
Hong Kong, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``United States-Hong Kong
Policy Act of 1992''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5701 note.
---------------------------------------------------------------------------
SEC. 2.\2\ FINDINGS AND DECLARATIONS.
The Congress makes the following findings and declarations:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5701.
---------------------------------------------------------------------------
(1) The Congress recognizes that under the 1984 Sino-
British Joint Declaration:
(A) The People's Republic of China and the
United Kingdom of Great Britain and Northern
Ireland have agreed that the People's Republic
of China will resume the exercise of
sovereignty over Hong Kong on July 1, 1997.
Until that time, the United Kingdom will be
responsible for the administration of Hong
Kong.
(B) The Hong Kong Special Administrative
Region of the People's Republic of China,
beginning on July 1, 1997, will continue to
enjoy a high degree of autonomy on all matters
other than defense and foreign affairs.
(C) There is provision for implementation of
a ``one country, two systems'' policy, under
which Hong Kong will retain its current
lifestyle and legal, social, and economic
systems until at least the year 2047.
(D) The legislature of the Hong Kong Special
Administrative Region will be constituted by
elections, and the provisions of the
International Covenant on Civil and Political
Rights and the International Covenant on
Economic, Social and Cultural Rights, as
applied to Hong Kong, shall remain in force.
(E) Provision is made for the continuation in
force of agreements implemented as of June 30,
1997, and for the ability of the Hong Kong
Special Administrative Region to conclude new
agreements either on its own or with the
assistance of the Government of the People's
Republic of China.
(2) The Congress declares its wish to see full
implementation of the provisions of the Joint
Declaration.
(3) The President has announced his support for the
policies and decisions reflected in the Joint
Declaration.
(4) Hong Kong plays an important role in today's
regional and world economy. This role is reflected in
strong economic, cultural, and other ties with the
United States that give the United States a strong
interest in the continued vitality, prosperity, and
stability of Hong Kong.
(5) Support for democratization is a fundamental
principle of United States foreign policy. As such, it
naturally applies to United States policy toward Hong
Kong. This will remain equally true after June 30,
1997.
(6) The human rights of the people of Hong Kong are
of great importance to the United States and are
directly relevant to United States interests in Hong
Kong. A fully successful transition in the exercise of
sovereignty over Hong Kong must safeguard human rights
in and of themselves. Human rights also serve as a
basis for Hong Kong's continued economic prosperity.
SEC. 3.\3\ DEFINITIONS.
For purposes of this Act--
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\3\ 22 U.S.C. 5702.
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(1) the term ``Hong Kong'' means, prior to July 1,
1997, the British Dependent Territory of Hong Kong, and
on and after July 1, 1997, the Hong Kong Special
Administrative Region of the People's Republic of
China;
(2) the term ``Joint Declaration'' means the Joint
Declaration of the Government of the United Kingdom of
Great Britain and Northern Ireland and the Government
of the People's Republic of China on the Question of
Hong Kong, done at Beijing on December 19, 1984; and
(3) the term ``laws of the United States'' means
provisions of law enacted by the Congress.
TITLE I--POLICY
SEC. 101.\4\ BILATERAL TIES BETWEEN THE UNITED STATES AND HONG KONG.
It is the sense of the Congress that the following, which
are based in part on the relevant provisions of the Joint
Declaration, should be the policy of the United States with
respect to its bilateral relationship with Hong Kong:
(1) The United States should play an active role,
before, on, and after July 1, 1997, in maintaining Hong
Kong's confidence and prosperity, Hong Kong's role as
an international financial center, and the mutually
beneficial ties between the people of the United States
and the people of Hong Kong.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 5711.
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(2) The United States should actively seek to
establish and expand direct bilateral ties and
agreements with Hong Kong in economic, trade,
financial, monetary, aviation, shipping,
communications, tourism, cultural, sport, and other
appropriate areas.
(3) The United States should seek to maintain, after
June 30, 1997, the United States consulate-general in
Hong Kong, together with other official and semi-
official organizations, such as the United States
Information Agency American Library.
(4) The United States should invite Hong Kong to
maintain, after June 30, 1997, its official and semi-
official missions in the United States, such as the
Hong Kong Economic & Trade Office, the Office of the
Hong Kong Trade Development Council, and the Hong Kong
Tourist Association. The United States should invite
Hong Kong to open and maintain other official or semi-
official missions to represent Hong Kong in those areas
in which Hong Kong is entitled to maintain relations on
its own, including economic, trade, financial,
monetary, aviation, shipping, communications, tourism,
cultural, and sport areas.
(5) The United States should recognize passports and
travel documents issued after June 30, 1997, by the
Hong Kong Special Administrative Region.
(6) The resumption by the People's Republic of China
of the exercise of sovereignty over Hong Kong after
June 30, 1997, should not affect treatment of Hong Kong
residents who apply for visas to visit or reside
permanently in the United States, so long as such
treatment is consistent with the Immigration and
Nationality Act.
SEC. 102.\5\ PARTICIPATION IN MULTILATERAL ORGANIZATIONS, RIGHTS UNDER
INTERNATIONAL AGREEMENTS, AND TRADE STATUS.
It is the sense of the Congress that the following, which
are based in part on the relevant provisions of the Joint
Declaration, should be the policy of the United States with
respect to Hong Kong after June 30, 1997:
---------------------------------------------------------------------------
\5\ 22 U.S.C. 5712.
---------------------------------------------------------------------------
(1) The United States should support Hong Kong's
participation in all appropriate multilateral
conferences, agreements, and organizations in which
Hong Kong is eligible to participate.
(2) The United States should continue to fulfill its
obligations to Hong Kong under international
agreements, so long as Hong Kong reciprocates,
regardless of whether the People's Republic of China is
a party to the particular international agreement,
unless and until such obligations are modified or
terminated in accordance with law.
(3) The United States should respect Hong Kong's
status as a separate customs territory, and as a
contracting party to the General Agreement on Tariffs
and Trade, whether or not the People's Republic of
China participates in the latter organization.
SEC. 103.\6\ COMMERCE BETWEEN THE UNITED STATES AND HONG KONG.
It is the sense of the Congress that the following, which
are based in part on the relevant provisions of the Joint
Declaration, are and should continue after June 30, 1997, to be
the policy of the United States with respect to commerce
between the United States and Hong Kong:
---------------------------------------------------------------------------
\6\ 22 U.S.C. 5713.
---------------------------------------------------------------------------
(1) The United States should seek to maintain and
expand economic and trade relations with Hong Kong and
should continue to treat Hong Kong as a separate
territory in economic and trade matters, such as import
quotas and certificates of origin.
(2) The United States should continue to negotiate
directly with Hong Kong to conclude bilateral economic
agreements.
(3) The United States should continue to treat Hong
Kong as a territory which is fully autonomous from the
United Kingdom and, after June 30, 1997, should treat
Hong Kong as a territory which is fully autonomous from
the People's Republic of China with respect to economic
and trade matters.
(4) The United States should continue to grant the
products of Hong Kong nondiscriminatory trade treatment
\7\ by virtue of Hong Kong's membership in the General
Agreement on Tariffs and Trade.
---------------------------------------------------------------------------
\7\ Sec. 5003(b)(7) of Public Law 105-206 (115 Stat. 790) struck
out ``(commonly referred to as `most-favored-nation' status)''.
---------------------------------------------------------------------------
(5) The United States should recognize certificates
of origin for manufactured goods issued by the Hong
Kong Special Administrative Region.
(6) The United States should continue to allow the
United States dollar to be freely exchanged with the
Hong Kong dollar.
(7) United States businesses should be encouraged to
continue to operate in Hong Kong, in accordance with
applicable United States and Hong Kong law.
(8) The United States should continue to support
access by Hong Kong to sensitive technologies
controlled under the agreement of the Coordinating
Committee for Multilateral Export Controls (commonly
referred to as ``COCOM'') for so long as the United
States is satisfied that such technologies are
protected from improper use or export.
(9) The United States should encourage Hong Kong to
continue its efforts to develop a framework which
provides adequate protection for intellectual property
rights.
(10) The United States should negotiate a bilateral
investment treaty directly with Hong Kong, in
consultation with the Government of the People's
Republic of China.
(11) The change in the exercise of sovereignty over
Hong Kong should not affect ownership in any property,
tangible or intangible, held in the United States by
any Hong Kong person.
SEC. 104.\8\ TRANSPORTATION.
It is the sense of the Congress that the following, which
are based in part on the relevant provisions of the Joint
Declaration, should be the policy of the United States after
June 30, 1997, with respect to transportation from Hong Kong:
---------------------------------------------------------------------------
\8\ 22 U.S.C. 5714.
---------------------------------------------------------------------------
(1) Recognizing Hong Kong's position as an
international transport center, the United States
should continue to recognize ships and airplanes
registered in Hong Kong and should negotiate air
service agreements directly with Hong Kong.
(2) The United States should continue to recognize
ships registered by Hong Kong.
(3) United States commercial ships, in accordance
with applicable United States and Hong Kong law, should
remain free to port in Hong Kong.
(4) The United States should continue to recognize
airplanes registered by Hong Kong in accordance with
applicable laws of the People's Republic of China.
(5) The United States should recognize licenses
issued by the Hong Kong to Hong Kong airlines.
(6) The United States should recognize certificates
issued by the Hong Kong to United States air carriers
for air service involving travel to, from, or through
Hong Kong which does not involve travel to, from, or
through other parts of the People's Republic of China.
(7) The United States should negotiate at the
appropriate time directly with the Hong Kong Special
Administrative Region, acting under authorization from
the Government of the People's Republic of China, to
renew or amend all air service agreements existing on
June 30, 1997, and to conclude new air service
agreements affecting all flights to, from, or through
the Hong Kong Special Administrative Region which do
not involve travel to, from, or through other parts of
the People's Republic of China.
(8) The United States should make every effort to
ensure that the negotiations described in paragraph (7)
lead to procompetitive air service agreements.
SEC. 105.\9\ CULTURAL AND EDUCATIONAL EXCHANGES.
It is the sense of the Congress that the following, which
are based in part on the relevant provisions of the Joint
Declaration, are and should continue after June 30, 1997, to be
the policy of the United States with respect to cultural and
educational exchanges with Hong Kong:
---------------------------------------------------------------------------
\9\ 22 U.S.C. 5715.
---------------------------------------------------------------------------
(1) The United States should seek to maintain and
expand United States-Hong Kong relations and exchanges
in culture, education, science, and academic research.
The United States should encourage American
participation in bilateral exchanges with Hong Kong,
both official and unofficial.
(2) The United States should actively seek to further
United States-Hong Kong cultural relations and promote
bilateral exchanges, including the negotiating and
concluding of appropriate agreements in these matters.
(3) Hong Kong should be accorded separate status as a
full partner under the Fulbright Academic Exchange
Program (apart from the United Kingdom before July 1,
1997, and apart from the People's Republic of China
thereafter), with the continuation or establishment of
a Fulbright Commission or functionally equivalent
mechanism.
(4) The United States should actively encourage Hong
Kong residents to visit the United States on
nonimmigrant visas for such purposes as business,
tourism, education, and scientific and academic
research, in accordance with applicable United States
and Hong Kong laws.
(5) Upon the request of the Legislative Council of
Hong Kong, the Librarian of Congress, acting through
the Congressional Research Service, should seek to
expand educational and informational ties with the
Council.
TITLE II--THE STATUS OF HONG KONG IN UNITED STATES LAW
SEC. 201.\10\ CONTINUED APPLICATION OF UNITED STATES LAW.
(a) In General.--Notwithstanding any change in the exercise
of sovereignty over Hong Kong, the laws of the United States
shall continue to apply with respect to Hong Kong, on and after
July 1, 1997, in the same manner as the laws of the United
States were applied with respect to Hong Kong before such date
unless otherwise expressly provided by law or by Executive
order under section 202.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 5721.
---------------------------------------------------------------------------
(b) International Agreements.--For all purposes, including
actions in any court in the United States, the Congress
approves the continuation in force on and after July 1, 1997,
of all treaties and other international agreements, including
multilateral conventions, entered into before such date between
the United States and Hong Kong, or entered into before such
date between the United States and the United Kingdom and
applied to Hong Kong, unless or until terminated in accordance
with law. If in carrying out this title, the President
determines that Hong Kong is not legally competent to carry out
its obligations under any such treaty or other international
agreement, or that the continuation of Hong Kong's obligations
or rights under any such treaty or other international
agreement is not appropriate under the circumstances, such
determination shall be reported to the Congress in accordance
with section 301.
SEC. 202.\11\ PRESIDENTIAL ORDER.
(a) Presidential Determination.--On or after July 1, 1997,
whenever the President determines that Hong Kong is not
sufficiently autonomous to justify treatment under a particular
law of the United States, or any provision thereof, different
from that accorded the People's Republic of China, the
President may issue an Executive order suspending the
application of section 201(a) to such law or provision of law.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 5722.
---------------------------------------------------------------------------
(b) Factor for Consideration.--In making a determination
under subsection (a) with respect to the application of a law
of the United States, or any provision thereof, to Hong Kong,
the President should consider the terms, obligations, and
expectations expressed in the Joint Declaration with respect to
Hong Kong.
(c) Publication in Federal Register.--Any Executive order
issued under subsection (a) shall be published in the Federal
Register and shall specify the law or provision of law affected
by the order.
(d) Termination of Suspension.--An Executive order issued
under subsection (a) may be terminated by the President with
respect to a particular law or provision of law whenever the
President determines that Hong Kong has regained sufficient
autonomy to justify different treatment under the law or
provision of law in question. Notice of any such termination
shall be published in the Federal Register.
SEC. 203.\12\ RULES AND REGULATIONS.
The President is authorized to prescribe such rules and
regulations as the President may deem appropriate to carry out
this Act.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 5723.
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SEC. 204.\13\ CONSULTATION WITH CONGRESS.
In carrying out this title, the President shall consult
appropriately with the Congress.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 5724.
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TITLE III--REPORTING PROVISIONS
SEC. 301.\14\ REPORTING REQUIREMENT.
Not later than March 31, 1993, March 31, 1995, March 31,
1996,\15\ March 31, 1997, March 31, 1998, March 31, 1999, March
31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March
31, 2004, March 31, 2005, and March 31, 2006 \15\ the Secretary
of State shall transmit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report on conditions in Hong Kong of
interest to the United States. This report shall cover (in the
case of the initial report) the period since the date of
enactment of this Act or (in the case of subsequent reports)
the period since the most recent report pursuant to this
section and shall describe--
---------------------------------------------------------------------------
\14\ 22 U.S.C. 5731.
\15\ Sec. 576(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 750) inserted ``March 31, 1996,'' after ``March 31, 1995,''.
Sec. 576(b) of Public Law 104-107 (110 Stat. 750) further provided
the following:
``(b) In light of the deficiencies in reports submitted to the
Congress pursuant to section 301 of the United States-Hong Kong Policy
Act (22 U.S.C. 5731), the Congress directs that the additional report
required to be submitted under such section by subsection (a) of this
section include detailed information on the status of, and other
developments affecting, implementation of the Sino-British Joint
Declaration on the Question of Hong Kong, including--
---------------------------------------------------------------------------
``(1) the Basic Law and its consistency with the Joint Declaration;
``(2) the openness and fairness of elections to the legislature;
``(3) the openness and fairness of the election of the chief executive
and the executive's accountability to the legislature;
``(4) the treatment of political parties;
``(5) the independence of the judiciary and its ability to exercise the
power of final judgment over Hong Kong law; and
``(6) the Bill of Rights.''.
---------------------------------------------------------------------------
Sec. 571 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law
104-208; 110 Stat. 3009), provided the following:
---------------------------------------------------------------------------
``report regarding hong kong
---------------------------------------------------------------------------
``Sec. 571. In light of the deficiencies in reports submitted to
the Congress pursuant to section 301 of the United States-Hong Kong
Policy Act (22 U.S.C. 5731), the Congress directs that the additional
report required to be submitted during 1997 under such section include
detailed information on the status of, and other developments
affecting, implementation of the Sino-British Joint Declaration on the
Question of Hong Kong, including--
---------------------------------------------------------------------------
``(1) the Basic Law and its consistency with the Joint Declaration;
``(2) Beijing's plans to replace the elected legislature with an
appointed body;
``(3) the openness and fairness of the election of the chief executive
and the executive's accountability to the legislature;
``(4) the treatment of political parties;
``(5) the independence of the judiciary and its ability to exercise the
power of final judgment over Hong Kong law; and
``(6) the Bill of Rights.''.
---------------------------------------------------------------------------
Sec. 586(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002 (Public Law 107-77; 115 Stat.
2173) struck out ``and March 31, 2000,'' and inserted in lieu thereof
``March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March
31, 2004, March 31, 2005, and March 31, 2006.''.
Sec. 586(b) of Public Law 107-77 (115 Stat. 2173) further provided
that ``The requirement in section 301 of the United States-Hong Kong
Policy Act, as amended by subsection (a), that a report under that
section shall be transmitted not later than March 31, 2001, shall be
considered satisfied by the transmittal of such report by August 7,
2001.''.
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(1) significant developments in United States
relations with Hong Kong, including a description of
agreements that have entered into force between the
United States and Hong Kong;
(2) other matters, including developments related to
the change in the exercise of sovereignty over Hong
Kong, affecting United States interests in Hong Kong or
United States relations with Hong Kong;
(3) the nature and extent of United States-Hong Kong
cultural, education, scientific, and academic
exchanges, both official and unofficial;
(4) the laws of the United States with respect to
which the application of section 201(a) has been
suspended pursuant to section 202(a) or with respect to
which such a suspension has been terminated pursuant to
section 202(d), and the reasons for the suspension or
termination, as the case may be;
(5) treaties and other international agreements with
respect to which the President has made a determination
described in the last sentence of section 201(b), and
the reasons for each such determination;
(6) significant problems in cooperation between Hong
Kong and the United States in the area of export
controls;
(7) the development of democratic institutions in
Hong Kong; and
(8) the nature and extent of Hong Kong's
participation in multilateral forums.
SEC. 302.\16\ SEPARATE PART OF COUNTRY REPORTS.
Whenever a report is transmitted to the Congress on a
country-by-country basis there shall be included in such
report, where applicable, a separate subreport on Hong Kong
under the heading of the state that exercises sovereignty over
Hong Kong. The reports to which this section applies include
the reports transmitted under--
---------------------------------------------------------------------------
\16\ 22 U.S.C. 5732.
---------------------------------------------------------------------------
(1) sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 (relating to human rights);
(2) section 181 of the Trade Act of 1974 (relating to
trade barriers); and
(3) section 2202 of the Export Enhancement Act of
1988 (relating to economic policy and trade practices).
(5) Commission on United States-Pacific Trade and Investment Policy
Executive Order 12964, June 21, 1995, 60 F.R. 33095; amended by
Executive Order 12987, January 31, 1996, 61 F.R. 4205; and Executive
Order 13032, December 26, 1996, 61 F.R. 68985
Note.--This Executive Order, establishing a
Commission in United States-Pacific Trade and
Investment Policy, was revoked by Executive Order 13062
of September 29, 1997 (62 F.R. 51755). The Commission
was scheduled to report its finding to the President on
or about February 28, 1997, and was to terminate
thereafter.
g. Normal Trade Relations (Most-Favored-Nation) Extensions,
Suspensions, Terminations
(1) Armenia
Partial text of Public Law 108-429 [Miscellaneous Trade and Technical
Corrections Act of 2004, H.R. 1047] 118 Stat. 2434, approved December
3, 2004
AN ACT To amend the Harmonized Tariff Schedule of the United States to
modify temporarily certain rates of duty, to make other technical
amendments to the trade laws, and for other purposes.
* * * * * * *
SEC. 2001.\1\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
OF 1974 TO ARMENIA.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note.
---------------------------------------------------------------------------
(a) Findings.--Congress makes the following findings:
(1) Armenia has been found to be in full compliance
with the freedom of emigration requirements under title
IV of the Trade Act of 1974.
(2) Armenia acceded to the World Trade Organization
on February 5, 2003.
(3) Since declaring its independence from the Soviet
Union in 1991, Armenia has made considerable progress
in enacting free-market reforms.
(4) Armenia has demonstrated a strong desire to build
a friendly and cooperative relationship with the United
States and has concluded many bilateral treaties and
agreements with the United States.
(5) Total United States-Armenia bilateral trade for
2002 amounted to more than $134,200,000.
(b) Presidential Determinations and Extensions of
Nondiscriminatory Treatment.--Notwithstanding any provision of
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may--
(1) determine that such title should no longer apply
to Armenia; and
(2) after making a determination under paragraph (1)
with respect to Armenia, proclaim the extension of
nondiscriminatory treatment (normal trade relations
treatment) to the products of that country.
(c) Termination of Application of Title IV.\2\ --On and after
the effective date of the extension under subsection (b)(2) of
nondiscriminatory treatment to the products of Armenia, title
IV of the Trade Act of 1974 shall cease to apply to that
country.
---------------------------------------------------------------------------
\2\ Prior to passage of Public Law 108-429, the President waived
the application of subsecs. (a) and (b) of the Trade Act of 1974 (19
U.S.C. 2432) with respect to Armenia in Executive Order 12798 (April 3,
1992, 57 F.R. 12175).
---------------------------------------------------------------------------
* * * * * * *
(2) Laos
Partial text of Public Law 108-429 [Miscellaneous Trade and Technical
Corrections Act of 2004, H.R. 1047] 118 Stat. 2434, approved December
3, 2004
AN ACT To amend the Harmonized Tariff Schedule of the United States to
modify temporarily certain rates of duty, to make other technical
amendments to the trade laws, and for other purposes.
* * * * * * *
SEC. 2005. EXTENSION OF NORMAL TRADE RELATIONS TO LAOS.
(a) Findings.--Congress finds that--
(1) the Lao People's Democratic Republic is pursuing
a broad policy of adopting market-based reforms to
enhance its economic competitiveness and achieve an
attractive climate for investment;
(2) extension of normal trade relations treatment
would assist the Lao People's Democratic Republic in
developing its economy based on free market principles
and becoming competitive in the global marketplace;
(3) establishing normal commercial relations on a
reciprocal basis with the Lao People's Democratic
Republic will promote United States exports to the
rapidly growing southeast Asian region and expand
opportunities for United States business and investment
in the Lao People's Democratic Republic economy;
(4) United States and Laotian commercial interests
would benefit from the bilateral trade agreement
between the United States and the Lao People's
Democratic Republic, signed in 2003, providing for
market access and the protection of intellectual
property rights;
(5) the Lao People's Democratic Republic has taken
cooperative steps with the United States in the global
war on terrorism, combating the trafficking of
narcotics, and the accounting for American servicemen
and civilians still missing from the Vietnam war; and
(6) expanding bilateral trade relations that include
a commercial agreement may promote further progress by
the Lao People's Democratic Republic on human rights,
religious tolerance, democratic rule, and transparency,
and assist that country in adopting regional and world
trading rules and principles.
(b) Extension of Nondiscriminatory Treatment to the Products
of the Lao People's Democratic Republic.--
(1) Harmonized tariff schedule amendment.--General
note 3(b) of the Harmonized Tariff Schedule of the
United States is amended by striking ``Laos''.
(2) Effective date.--The amendment made by paragraph
(1) applies with respect to goods entered, or withdrawn
from warehouse for consumption, on or after the
effective date of a notice published in the Federal
Register by the United States Trade Representative that
a trade agreement obligating reciprocal most-favored-
nation treatment between the Lao People's Democratic
Republic and the United States has entered into force.
* * * * * * *
(3) Vietnam
Public Law 107-52 [H.J. Res. 51] 115 Stat. 268, approved October 16,
2001
JOINT RESOLUTION Approving the extension of nondiscriminatory treatment
with respect to the products of the Socialist Republic of Vietnam.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Congress approves the extension of nondiscriminatory treatment
with respect to the products of the Socialist Republic of
Vietnam transmitted by the President to the Congress on June 8,
2001.\1\
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note. Prior to passage of Public Law 107-52, the
President waived the application of subsecs. 402(a) and (b) of the
Trade Act of 1974 (19 U.S.C. 2432) with respect to Vietnam in Executive
Order 13079 (April 7, 1998, 63 F.R. 17309). The waiver was extended by
Presidential determinations as follows: Presidential Determination No.
98-27 (June 3, 1998, 63 F.R. 32707); Presidential Determination No. 99-
27 (June 3, 1999, 64 F.R. 31111); and Presidential Determination No.
2000-21 (June 2, 2000, 65 F.R. 36309).
(4) Georgia
Title III of Public Law 106-476 [Tariff Suspension and Trade Act of
2000, H.R. 4868] 114 Stat. 2101, approved November 9, 2000
AN ACT To amend the Harmonized Tariff Schedule of the United States to
modify temporarily certain rates of duty, to make other technical
amendments to the trade laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE III--EXTENSION OF NONDISCRIMINATORY TREATMENT TO GEORGIA
SEC. 3001.\1\ FINDINGS.
Congress finds that Georgia has--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note.
---------------------------------------------------------------------------
(1) made considerable progress toward respecting
fundamental human rights consistent with the objectives
of title IV of the Trade Act of 1974;
(2) adopted administrative procedures that accord its
citizens the right to emigrate, travel freely, and to
return to their country without restriction;
(3) been found to be in full compliance with the
freedom of emigration provisions in title IV of the
Trade Act of 1974;
(4) made progress toward democratic rule and creating
a free market economic system since its independence
from the Soviet Union;
(5) demonstrated strong and effective enforcement of
internationally recognized core labor standards and a
commitment to continue to improve effective enforcement
of its laws reflecting such standards;
(6) committed to developing a system of governance in
accordance with the provisions of the Final Act of the
Conference on Security and Cooperation in Europe (also
known as the ``Helsinki Final Act'') regarding human
rights and humanitarian affairs;
(7) endeavored to address issues related to its
national and religious minorities and, as a member
state of the Organization for Security and Cooperation
in Europe (OSCE), committed to adopting special
measures for ensuring that persons belonging to
national minorities have full equality individually as
well as in community with other members of their group;
(8) also committed to enacting legislation to provide
protection against incitement to violence against
persons or groups based on national, racial, ethnic, or
religious discrimination, hostility, or hatred,
including anti-Semitism;
(9) continued to return communal properties
confiscated from national and religious minorities
during the Soviet period, facilitating the reemergence
of these communities in the national life of Georgia
and establishing the legal framework for completion of
this process in the future;
(10) \2\ concluded a bilateral trade agreement with
the United States in 1993 and a bilateral investment
treaty in 1994;
---------------------------------------------------------------------------
\2\ On August 27, 1996, the President determined that ``actual and
forseeable reductions in United States tariffs and nontariff barriers
to trade resulting from multilateral negotiations are satisfactorily
reciprocated by Georgia'' (Presidential Determination No. 96-49, August
27, 1996, 61 F.R. 45869).
---------------------------------------------------------------------------
(11) demonstrated a strong desire to build a friendly
and cooperative relationship with the United States;
and
(12) acceded to the World Trade Organization on June
14, 2000, and the extension of unconditional normal
trade relations treatment to the products of Georgia
will enable the United States to avail itself of all
rights under the World Trade Organization with respect
to Georgia.
SEC. 3002.\3\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
OF 1974 TO GEORGIA.
(a) Presidential Determinations and Extensions of
Nondiscriminatory Treatment.\4\ --Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.),
the President may--
---------------------------------------------------------------------------
\3\ 19 U.S.C. 2434 note.
\4\ Prior to passage of Public Law 106-476, the President waived
the application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
U.S.C. 2432) with respect to Georgia in Executive Order 12809 (June 3,
1992, 57 F.R. 145321, see page 1203, this volume, for text). The waiver
was extended by Presidential determinations as follows: Presidential
Determination No. 92-25 (May 6, 1992, 57 F.R. 22147); Presidential
Determination No. 93-25 (June 2, 1993, 58 F.R. 33005); Presidential
Determination No. 94-27 (June 2, 1994, 59 F.R. 31105); Presidential
Determination No. 95-24 (June 2, 1995, 60 F.R. 31409); and Presidential
Determination No. 96-30 (June 3, 1996, 61 F.R. 29457).
On June 3, 1997, the President determined that Georgia ``is not in
violation of paragraph (1), (2), or (3) of subsection 402(a) of the
Act, or paragraph (1), (2) or (3) of subsection 409(a) of the Act''
(Presidential Determination No. 97-27, June 3, 1997, 62 F.R. 32017).
---------------------------------------------------------------------------
(1) determine that such title should no longer apply
to Georgia; and
(2) after making a determination under paragraph (1)
with respect to Georgia, proclaim the extension of
nondiscriminatory treatment (normal trade relations
treatment) to the products of that country.
(b) Termination of Application of Title IV.-- \5\ On and
after the effective date of the extension under subsection
(a)(2) of nondiscriminatory treatment to the products of
Georgia, title IV of the Trade Act of 1974 shall cease to apply
to that country.
---------------------------------------------------------------------------
\5\ In Presidential Proclamation 7389 (66 F.R. 703), of December
29, 2000, the President determined pursuant to sec. 3002 that ``Title
IV of the Trade Act of 1974 should no longer apply to Georgia.''.
---------------------------------------------------------------------------
* * * * * * *
(5) China
Partial text of Division A of Public Law 106-286 [Normal Trade
Relations for the People's Republic of China, H.R. 4444], 114 Stat.
880, approved October 10, 2000
AN ACT To authorize extension of nondiscriminatory treatment (normal
trade relations treatment) to the People's Republic of China, and to
establish a framework for relations between the United States and the
People's Republic of China.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA
TITLE I--NORMAL TRADE RELATIONS
SEC. 101.\1\ TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE
TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA
(a) Presidential Determinations and Extension of
Nondiscriminatory Treatment.\2\ --Notwithstanding any provision
of chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.), as designated by section 3(a)(2) of this Act,
the President may--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2431 note.
\2\ Prior to passage of Public Law 106-286, the President waived
the application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
U.S.C. 2732) with respect to China in Executive Order 12167 (October
23, 1979, 44 F.R. 61167, see page 1212, this volume, for text). The
waiver was extended as follows: Presidential Determination No. 81-8
(June 2, 1981, 46 F.R. 30797); Presidential Determination No. 83-7
(June 3, 1983, 48 F.R. 26585); Presidential Determination No. 84-9 (May
31 1994, 49 F.R. 24107); Presidential Determination No. 86-10 (June 3,
1986, 51 F.R. 22057); Presidential Determination No. 87-14 (June 2,
1987, 52 F.R. 22431); Presidential Determination No. 88-18 (June 3,
1988, 53 F.R. 21407); Presidential Determination No. 89-14 (May 31,
1989, 54 F.R. 26943); Presidential Determination No. 90-21 (May 24,
1990, 55 F.R. 23183); Presidential Determination No. 91-36 (May 29,
1991, 56 F.R. 26757); Presidential Determination No. 92-29 (June 2,
1992, 57 F.R. 24539); Presidential Determination No. 93-23 (May 28,
1993, 58 F.R. 31329); Presidential Determination No. 94-26 (June 2,
1994, 59 F.R. 33005); Presidential Determination No. 95-23 (June 2,
1995, 60 F.R. 31047); Presidential Determination No. 96-29 (May 31,
1996, 61 F.R. 29455); Presidential Determination No. 97-25 (May 29,
1997, 62 F.R. 31313); Presidential Determination No. 98-26 (June 3,
1998, 63 F.R. 32705); Presidential Determination No. 99-28 (June 3,
1999, 64 F.R. 31113); Presidential Determination No. 2000-23 (June 2,
2000, 65 F.R. 36313); and Presidential Determination No. 2001-16 (June
1, 2001, 66 F.R. 30631).
---------------------------------------------------------------------------
(1) determine that such chapter should no longer
apply to the People's Republic of China; and
(2) after making a determination under paragraph (1)
with respect to the People's Republic of China,
proclaim the extension of nondiscriminatory treatment
(normal trade relations treatment) to the products of
that country.
(b) Accession of the People's Republic of China to the World
Trade Organization.--Prior to making the determination provided
for in subsection (a)(1) and pursuant to the provisions of
section 122 of the Uruguay Round Agreements Act (19 U.S.C.
3532), the President shall transmit a report to Congress
certifying that the terms and conditions for the accession of
the People's Republic of China to the World Trade Organization
are at least equivalent to those agreed between the United
States and the People's Republic of China on November 15, 1999.
SEC. 102.\3\ EFFECTIVE DATE.
(a) Effective Date of Nondiscriminatory Treatment.--The
extension of nondiscriminatory treatment pursuant to section
101(a) shall be effective no earlier than the effective date of
the accession of the People's Republic of China to the World
Trade Organization.
---------------------------------------------------------------------------
\3\ 19 U.S.C. 2431 note.
---------------------------------------------------------------------------
(b) Termination of Applicability of Title IV.--On and after
the effective date under subsection (a) of the extension of
nondiscriminatory treatment to the products of the People's
Republic of China, chapter 1 of title IV of the Trade Act of
1974 (as designated by section 103(a)(2) of this Act) shall
cease to apply to that country.
SEC. 103.\4\ RELIEF FROM MARKET DISRUPTION. * * *
---------------------------------------------------------------------------
\4\ Sec. 103 amended Title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.) adding new chapter headings and adding new secs. 421
through 423 at the end. Title IV of the Trade Act of 1974 is found in
this volume on page 370.
---------------------------------------------------------------------------
SEC. 104.\5\ AMENDMENT TO SECTION 123 OF THE TRADE ACT OF 1974--
COMPENSATION AUTHORITY.
* * * * * * *
---------------------------------------------------------------------------
\5\ Sec. 104 amended sec. 123(a)(1) of the Trade Act of 1974 (19
U.S.C. 2133(a)(1)) by inserting ``, or under chapter 2 of title IV of
the Trade Act of 1974'' after ``title III'', as found on page 269 of
this volume.
(6) Albania, Kyrgyzstan
Title III of Public Law 106-200 [Trade and Development Act of 2000,
H.R. 434], 114 Stat. 251, approved May 18, 2000
AN ACT To authorize a new trade and investment policy for sub-Saharan
Africa, expand trade benefits to the countries of the Caribbean Basin,
renew the generalized system of preferences, and reauthorize the trade
adjustment assistance programs.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE III--NORMAL TRADE RELATIONS
SEC. 301.\1\ NORMAL TRADE RELATIONS FOR ALBANIA.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note.
---------------------------------------------------------------------------
(1) Albania has been found to be in full compliance
with the freedom of emigration requirements under title
IV of the Trade Act of 1974.
(2) Since its emergence from communism, Albania has
made progress toward democratic rule and the creation
of a free-market economy.
(3) \2\ Albania has concluded a bilateral investment
treaty with the United States.
---------------------------------------------------------------------------
\2\ Public Law 102-363, approved August 26, 1992 (106 Stat. 969)
provided ``that the Congress approves the extension of
nondiscriminatory treatment with respect to the products of the
Republic of Albania transmitted by the President to the Congress on
June 16, 1992'' (see page 1192, this volume, for text). The agreement
was implemented by Presidential Proclamation 6445 of June 15, 1992 (57
F.R. 26921), effective on the date an exchange of notices of the
acceptance of the agreement takes place (effective date was November 2,
1992).
On June 15, 1992, the President also determined that the
``Agreement on Trade Relations Between the United States of America and
the Republic of Albania * * * is in the national interest''
(Presidential Determination No. 92-33, 57 F.R. 28583). The agreement
was reconfirmed by Presidential Determination No. 96-44 (61 F.R. 45859)
on August 27, 1996.
---------------------------------------------------------------------------
(4) Albania has demonstrated a strong desire to build
a friendly relationship with the United States and has
been very cooperative with NATO and the international
community during and after the Kosova crisis.
(5) The extension of unconditional normal trade
relations treatment to the products of Albania will
enable the United States to avail itself of all rights
under the World Trade Organization with respect to
Albania when that country becomes a member of the World
Trade Organization.
(b) Termination of Application of Title IV of the Trade Act
of 1974 to Albania.--
(1) Presidential determinations and extensions of
nondiscriminatory treatment.\3\ --Notwithstanding any
provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may--
---------------------------------------------------------------------------
\3\ On June 29, 2000, the President determined pursuant to sec.
301(b) of Public Law 106-200 that Title IV of the Trade Act of 1974
should no longer apply to Albania (Presidential Proclamation 7326, 65
F.R. 41547).
Prior to passage of Public Law 106-200, the President waived the
application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
U.S.C. 2732) with respect to Albania in Executive Order 12809 (June 3,
1992, 57 F.R. 23925, see page 1203, this volume, for text). This waiver
was extended as follows: Presidential Determination No. 92-26 (May 20,
1992, 57 F.R. 48711); Presidential Determination No. 93-25 (June 2,
1993, 58 F.R. 33005); Presidential Determination No. 94-27 (June 2,
1994, 59 F.R. 31105); Presidential Determination No. 95-24 (June 2,
1995, 60 F.R. 31049); Presidential Determination No. 96-30 (June 3,
1996, 61 F.R. 29457); and Presidential Determination No. 97-27 (June 3,
1997, 62 F.R. 32019).
On December 5, 1997, the President determined that Albania is ``not
in violation of paragraph (1), (2), or (3) of subsection 402(a) of the
Act, or paragraph (1), (2) or (3) of subsection 409(a) of the Act''
(Presidential Determination No. 98-7, December 5, 1997, 62 F.R. 66253).
---------------------------------------------------------------------------
(A) determine that such title should no
longer apply to Albania; and
(B) after making a determination under
subparagraph (A) with respect to Albania,
proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to
the products of that country.
(2) Termination of application of title iv.--On or
after the effective date of the extension under
paragraph (1)(B) of nondiscriminatory treatment to the
products of Albania, title IV of the Trade Act of 1974
shall cease to apply to that country.
SEC. 302.\4\ NORMAL TRADE RELATIONS FOR KYRGYZSTAN.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\4\ 19 U.S.C. 2434 note.
---------------------------------------------------------------------------
(1) Kyrgyzstan has been found to be in full
compliance with the freedom of emigration requirements
under title IV of the Trade Act of 1974.
(2) Since its independence from the Soviet Union in
1991, Kyrgyzstan has made great progress toward
democratic rule and toward creating a free-market
economic system.
(3) \5\ Kyrgyzstan concluded a bilateral investment
treaty with the United States in 1994.
---------------------------------------------------------------------------
\5\ The President transmitted the bilateral trade agreement between
the United States and the Kyrgyz Republic to the Congress on September
7, 1993. On August 27, 1996, the President reconfirmed that ``a
satisfactory balance of concessions in trade and services has been
maintained during the life of the Agreement'' (Presidential
Determination No. 96-45, 61 F.R. 45861).
---------------------------------------------------------------------------
(4) Kyrgyzstan has demonstrated a strong desire to
build a friendly and cooperative relationship with the
United States.
(5) The extension of unconditional normal trade
relations treatment to the products of Kyrgyzstan will
enable the United States to avail itself of all rights
under the World Trade Organization with respect to
Kyrgyzstan.
(b) Termination of Application of Title IV of the Trade Act
of 1974 to Kyrgyzstan.-- \6\
---------------------------------------------------------------------------
\6\ On June 29, 2000, the President determined that Title IV of the
Trade Act of 1974 should no longer apply to Kyrgyzstan pursuant to sec.
302(b) (Presidential Proclamation 7326, 65 F.R. 41547).
Prior to passage of Public Law 106-200, the President waived the
application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
U.S.C. 2732) with respect to Kyrgyzstan in Executive Order 12802 (April
16, 1992, 57 F.R. 14321, see page 1203, this volume, for text). This
waiver was extended as follows: Presidential Determination No. 92-20
(April 3, 1992, 57 F.R. 13623); Presidential Determination No. 93-25
(June 2, 1993, 58 F.R. 33005); Presidential Determination No. 94-27
(June 2, 1994, 59 F.R. 31105); Presidential Determination No. 95-24
(June 2, 1995, 60 F.R. 31049); Presidential Determination No. 96-30
(June 3, 1996, 61 F.R. 29457); and Presidential Determination No. 97-28
(June 3, 1997, 62 F.R. 32019).
On December 5, 1997, the President determined that Kyrgyzstan is
``not in violation of paragraph (1), (2), or (3) of subsection 402(a)
of the Act, or paragraph (1), (2) or (3) of subsection 409(a) of the
Act'' (Presidential Determination No. 98-7, December 5, 1997, 62 F.R.
66253).
---------------------------------------------------------------------------
(1) Presidential determinations and extensions of
nondiscriminatory treatment.--Notwithstanding any
provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may--
(A) determine that such title should no
longer apply to Kyrgyzstan; and
(B) after making a determination under
subparagraph (A) with respect to Kyrgyzstan,
proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to
the products of that country.
(2) Termination of application of title iv.--On or
after the effective date of the extension under
paragraph (1)(B) of nondiscriminatory treatment to the
products of Kyrgyzstan, title IV of the Trade Act of
1974 shall cease to apply to that country.
(7) Mongolia
Partial text of Public Law 106-36 [H.R. 435], 113 Stat. 180, approved
June 25, 1999
AN ACT To make miscellaneous technical changes to various trade laws,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE I--MISCELLANEOUS TRADE CORRECTIONS
* * * * * * *
TITLE II--TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS; OTHER TRADE
PROVISIONS
* * * * * * *
Subtitle A--Temporary Duty Suspensions and Reductions
* * * * * * *
Subtitle B--Other Trade Provisions
SEC. 2424.\1\ EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE
RELATIONS TREATMENT) TO THE PRODUCTS OF MONGOLIA.
(a) Findings.--The Congress finds that Mongolia--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note.
---------------------------------------------------------------------------
(1) has received normal trade relations treatment
since 1991 and has been found to be in full compliance
with the freedom of emigration requirements under title
IV of the Trade Act of 1974;
(2) has emerged from nearly 70 years of communism and
dependence on the former Soviet Union, approving a new
constitution in 1992 which has established a modern
parliamentary democracy charged with guaranteeing
fundamental human rights, freedom of expression, and an
independent judiciary;
(3) has held four national elections under the new
constitution, two presidential and two parliamentary,
thereby solidifying the nation's transition to
democracy;
(4) has undertaken significant market-based economic
reforms, including privatization, the reduction of
government subsidies, the elimination of most price
controls and virtually all import tariffs, and the
closing of insolvent banks;
(5) \2\ has concluded a bilateral trade treaty with
the United States in 1991, and a bilateral investment
treaty in 1994;
---------------------------------------------------------------------------
\2\ The ``Agreement on Trade Relations Between the United States of
America and the Mongolian People's Republic'' was implemented on June
24, 1991 (Presidential Proclamation No. 6308, 56 F.R. 29834), effective
after an exchange of written notices of acceptance. On the same date,
the President determined that the agreement ``will promote the purposes
of the Trade Act [of 1974] and is in the national interest''
(Presidential Determination No. 91-44, 56 F.R. 31039). The Congress
approved nondiscriminatory treatment with respect to Mongolian products
in Public Law 102-157, November 13, 1991, 105 Stat. 1040 (see page
1198, this volume, for text).
---------------------------------------------------------------------------
(6) has acceded to the Agreement Establishing the
World Trade Organization, and extension of
unconditional normal trade relations treatment to the
products of Mongolia would enable the United States to
avail itself of all rights under the World Trade
Organization with respect to Mongolia; and
(7) has demonstrated a strong desire to build
friendly relationships and to cooperate fully with the
United States on trade matters.
(b) Termination of Application of Title IV of the Trade Act
of 1974 to Mongolia.--
(1) \3\ Presidential determinations and extensions of
nondiscriminatory treatment.--Notwithstanding any
provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may--
---------------------------------------------------------------------------
\3\ On July 9, 1999, the President extended permanent
nondiscriminatory treatment to the products of Mongolia pursuant to
sec. 2424 (Presidential Proclamation No. 7297, 64 F.R. 36549).
Prior to passage of Public Law 106-36, the President waived the
application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
U.S.C. 2732) with respect to Mongolia in Executive Order 12746 (January
23, 1991, 56 F.R. 2837, see page 1207, this volume, for text).
This waiver was extended by Presidential Determination No. 91-19,
January 23, 1991 (56 F.R. 4171); by Presidential Determination No. 92-
30 (June 3, 1992, 57 F.R. 24929); by Presidential Determination No. 93-
25 (June 2, 1993, 58 F.R. 33005); by Presidential Determination No. 94-
27 (June 2, 1994, 59 F.R. 31105); by Presidential Determination No. 95-
24 (June 2, 1995, 60 F.R. 31409); and by Presidential Determination No.
96-30, June 3, 1996 (61 F.R. 29457).
On September 4, 1996, the President determined that Mongolia is
``not in violation of paragraph (1), (2), or (3) of subsection 402(a)
of the Act, or paragraph (1), (2) or (3) of subsection 409(a) of the
Act'' (Presidential Determination No. 96-51, 61 F.R. 48603).
---------------------------------------------------------------------------
(A) determine that such title should no
longer apply to Mongolia; and
(B) after making a determination under
subparagraph (A) with respect to Mongolia,
proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to
the products of that country.
(2) Termination of application of title iv.--On or
after the effective date of the extension under
paragraph (1)(B) of nondiscriminatory treatment to the
products of Mongolia, title IV of the Trade Act of 1974
shall cease to apply to that country.
* * * * * * *
(8) Cambodia
Public Law 104-203 [H.R. 1642], 110 Stat. 2872, approved September 25,
1996 \1\
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note.
---------------------------------------------------------------------------
AN ACT To extend nondiscriminatory treatment (most-favored-nation
treatment) to the products of Cambodia, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) despite recent increases in acts of repression by
the Cambodian Government and growing government
corruption that has contributed to substantial
environmental degradation, Cambodia has made some
progress towards democratic rule after 20 years of
undemocratic regimes and civil war, and is striving to
rebuild its market economy;
(2) extension of unconditional most-favored-nation
treatment would assist Cambodia in developing its
economy based on free market principles and becoming
competitive in the global marketplace;
(3) establishing normal commercial relations on a
reciprocal basis with Cambodia will promote United
States exports to the rapidly growing Southeast Asian
region and expand opportunities for United States
business and investment in the Cambodian economy; and
(4) expanding bilateral trade relations that includes
a commercial agreement may promote further progress by
Cambodia on human rights and democratic rule and assist
Cambodia in adopting regional and world trading rules
and principles.
SEC. 2. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE PRODUCTS OF
CAMBODIA.
(a) Harmonized Tariff Schedule Amendment.--General note
3(b) of the Harmonized Tariff Schedule of the United States is
amended by striking ``Kampuchea''.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the effective date of a
notice published in the Federal Register by the United States
Trade Representative that a trade agreement obligating
reciprocal most-favored-nation treatment between Cambodia and
the United States has entered into force.\2\
---------------------------------------------------------------------------
\2\ According to a notice issued by the Office of the USTR, ``On
October 4, 1996, the Acting United States Trade Representative (USTR)
signed a trade agreement with the Kingdom of Cambodia (Cambodia)
obligating reciprocal most-favored-nation treatment between Cambodia
and the United States. The trade agreement entered into force as of
October 25, 1996 . . .'' (61 F.R. 56256).
---------------------------------------------------------------------------
SEC. 3. REPORT TO CONGRESS.
The President shall submit to the Congress, not later than
18 months after the date of the enactment of this Act, a report
on the trade relations between the United States and Cambodia
pursuant to the trade agreement described in section 2(b).
(9) Romania
Public Law 104-171 [H.R. 3161], 110 Stat. 1539, approved August 3, 1996
\1\
AN ACT To authorize the extension of nondiscriminatory treatment (most-
favored-nation treatment) to the products of Romania.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note.
---------------------------------------------------------------------------
(1) Romania emerged from years of brutal Communist
dictatorship in 1989 and approved a new Constitution
and elected a Parliament by 1991, laying the foundation
for a modern parliamentary democracy charged with
guaranteeing fundamental human rights, freedom of
expression, and respect for private property;
(2) local elections, parliamentary elections, and
presidential elections have been held in Romania, and
1996 will mark the second nationwide presidential
elections under the new Constitution;
(3) Romania has undertaken significant economic
reforms, including the establishment of a two-tier
banking system, the introduction of a modern tax
system, the freeing of most prices and elimination of
most subsidies, the adoption of a tariff-based trade
regime, and the rapid privatization of industry and
nearly all agriculture;
(4) \2\ Romania concluded a bilateral investment
treaty with the United States in 1993, and both United
States investment in Romania and bilateral trade are
increasing rapidly;
---------------------------------------------------------------------------
\2\ Public Law 103-133 (107 Stat. 1373, approved November 2, 1993)
provided that ``the Congress approves the extension of
nondiscriminatory treatment with respect to the products of Romania
transmitted by the President on July 2, 1993''.
A bilateral treaty with Romania was originally implemented on April
24, 1975 in Presidential Proclamation No. 4369 of April 24, 1975 (40
F.R. 18389), and renewed on June 2, 1976 (Presidential Determination
No. 78-13); on June 2, 1981 (Presidential Determination No. 81-9); on
May 31, 1984 (Presidential Determination 84-10); on June 14, 1987
(Presidential Determination No. 87-15, 52 F.R. 23785); and on July 3,
1990 (Presidential Determination No. 90-28; 55 F.R. 27797).
On June 22, 1992 in Presidential Proclamation No. 6449 (57 F.R.
28033), and once again in Proclamation 6577 of July 2, 1993 (58 F.R.
36301) the President implemented the trade agreement between the United
States and Romania, to become effective on the date of exchange of
written notices of acceptance. The Congress officially approved the
agreement on November 2, 1993 in Public Law 103-133. The treaty was
renewed on July 2, 1993 (Presidential Determination No. 93-30, 58 F.R.
43785).
---------------------------------------------------------------------------
(5) Romania has received most-favored-nation
treatment since 1993, and has been found by the
President to be in full compliance with the freedom of
emigration requirements under title IV of the Trade Act
of 1974;
(6) Romania is a member of the World Trade
Organization and extension of unconditional most-
favored-nation treatment to the products of Romania
would enable the United States to avail itself of all
rights under the World Trade Organization with respect
to Romania; and
(7) Romania has demonstrated a strong desire to build
friendly relationships and to cooperate fully with the
United States on trade matters.
SEC. 2.\3\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
1974 TO ROMANIA.
(a) Presidential Determinations and Extension of
Nondiscriminatory Treatment.--Notwithstanding any provision of
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may--
---------------------------------------------------------------------------
\3\ In Proclamation 6951 of November 7, 1996 (61 F.R. 58129), the
President proclaimed pursuant to Public Law 104-171 that
``nondiscriminatory treatment (most-favored-nation treatment) shall be
extended to the products of Romania, which will no longer be subject to
Title IV of the Trade Act of 1974''.
Prior to passage of Public Law 104-171, the President waived the
application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
U.S.C. 2732) with respect to Romania in Executive Order 11854 (April
24, 1975, 40 F.R. 18391, see page 1214, this volume, for text). This
waiver was extended each year until 1988, when the President determined
that the Romanian Government had decided to renounce the renewal of
nondiscriminatory treatment accorded to the products of Romania by the
United States (Presidential Proclamation 5836, June 28, 1988, 53 F.R.
24921). Therefore, the waiver expired on July 3, 1988. On August 17,
1991, the President once again waived the application of secs. 402(a)
and (b) of the Trade Act with respect to Romania (Executive Order
12772, August 17, 1991, 56 F.R. 41621). This waiver was extended as
follows: Presidential Determination No. 91-48 (August 17, 1991, 56 F.R.
43861); Presidential Determination No. 92-30 (June 3, 1992, 57 F.R.
24929); Presidential Determination No. 93-25 (June 2, 1993, 58 F.R.
33005); Presidential Determination No. 94-27 (June 2, 1994, 59 F.R.
31105).
On May 19, 1995, the President determined that Romania is ``not in
violation of paragraph (1), (2), or (3) of subsection 402(a) of the
Act, or paragraph (1), (2) or (3) of subsection 409(a) of the Act''
(Presidential Determination No. 95-22, 62 F.R. 29463).
---------------------------------------------------------------------------
(1) determine that such title should no longer apply
to Romania; and
(2) after making a determination under paragraph (1),
proclaim the extension of nondiscriminatory treatment
(most-favored-nation treatment) to the products of that
country.
(b) Termination of Application of Title IV.--On and after
the effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Romania, title
IV of the Trade Act of 1974 shall cease to apply to that
country.
(10) Bulgaria--Extension of MFN and Pending Termination of Title IV
Application \1\
Public Law 104-162 [H.R. 2853], 110 Stat. 1414, approved July 18, 1996
AN ACT To authorize the extension of nondiscriminatory treatment (most-
favored-nation treatment) to the products of Bulgaria.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL FINDINGS AND SUPPLEMENTAL ACTION.
(a) Congressional Findings.--The Congress finds that
Bulgaria--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note.
---------------------------------------------------------------------------
(1) \2\ has received most-favored-nation treatment
since 1991 and has been found to be in full compliance
with the freedom of emigration requirements under title
IV of the Trade Act of 1974 since 1993;
---------------------------------------------------------------------------
\2\ In Public Law 102-158 (105 Stat. 1041), Congress approved the
bilateral agreement of the United States with the People's Republic of
Bulgaria transmitted by the President to the Congress on June 25, 1991.
In Proclamation No. 6307 of June 24, 1991 (56 F.R. 29787) the President
implemented the ``Agreement on Trade Relations between the United
States and Bulgaria''. The President determined that the agreement with
Bulgaria ``is in the national interest'' on the same date (Presidential
Determination No. 91-43, 56 F.R. 31037).
---------------------------------------------------------------------------
(2) has reversed many years of Communist dictatorship
and instituted a constitutional republic ruled by a
democratically elected government as well as basic
market-oriented reforms, including privatization;
(3) is in the process of acceding to the General
Agreement on Tariffs and Trade (GATT) and the World
Trade Organization (WTO), and extension of
unconditional most-favored-nation treatment would
enable the United States to avail itself of all rights
under the GATT and the WTO with respect to Bulgaria;
and
(4) has demonstrated a strong desire to build
friendly relationships and to cooperate fully with the
United States on trade matters.
(b) Supplemental Action.--The Congress notes that the
United States Trade Representative intends to negotiate with
Bulgaria in order to preserve the commitments of that country
under the bilateral commercial agreement in effect between that
country and the United States that are consistent with the GATT
and the WTO.
SEC. 2.\3\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
1974 TO BULGARIA.
(a) Presidential Determinations and Extension of
Nondiscriminatory Treatment.--Notwithstanding any provision of
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may--
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\3\ In Proclamation 6922 of September 27, 1996 (61 F.R. 51205),
pursuant to sec. 2 of Public Law 104-162, the President proclaimed that
``nondiscriminatory treatment (most-favored-nation treatment) shall be
extended to the products of Bulgaria, which will no longer be subject
to Title IV of the Trade Act of 1974''.
Prior to passage of Public Law 104-162, the President waived the
application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
U.S.C. 2732) with respect to Bulgaria in Executive Order 12745 (January
22, 1991, 56 F.R. 2835, see page 1208, this volume, for text). This
waiver was extended as follows: Presidential Determination No. 91-18
(January 22, 1991, 56 F.R. 4169); Presidential Determination No. 92-30
(June 3, 1992, 57 F.R. 24929).
In Presidential Determination No. 93-26 of June 3, 1993 (58 F.R.
33007), the President determined ``that the Republic of Bulgaria is not
in violation of paragraph (1), (2), or (3) of subsection 402(a) of the
[Trade] Act [of 1974], or paragraph (1), (2), or (3) of subsection
409(a) of the [Trade] Act.''.
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(1) determine that such title should no longer apply
to Bulgaria; and
(2) after making a determination under paragraph (1)
with respect to Bulgaria, proclaim the extension of
nondiscriminatory treatment (most-favored-nation
treatment) to the products of that country.
(b) Termination of Application of Title IV.--On and after
the effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Bulgaria, title
IV of the Trade Act of 1974 shall cease to apply to that
country.
(11) Conditions for Renewal of Most-Favored-Nation Status for the
People's Republic of China in 1994
Executive Order 12850 of May 28, 1993, 58 F.R. 31327
Whereas, the Congress and the American people have expressed
deep concern about the appropriateness of unconditional
most-favored-nation (MFN) trading status for the People's
Republic of China (China);
Whereas, I share the concerns of the Congress and the American
people regarding this important issue, particularly with
respect to China's record on human rights, nuclear
proliferation, and trade;
Whereas, I have carefully weighed the advisability of
conditioning China's MFN status as a means of achieving
progress in these areas;
Whereas, I have concluded that the public interest would be
served by a continuation of the waiver of the application
of sections 402 (a) and (b) of the Trade Act of 1974 (19
U.S.C. 2432(a) and 2432(b)) (Act) on China's MFN status for
an additional 12 months with renewal thereafter subject to
the conditions below;
NOW, THEREFORE, by the authority vested in me as President
by the Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. The Secretary of State (Secretary) shall make a
recommendation to the President to extend or not to extend MFN
status to China for the 12-month period beginning July 3, 1994.
(a) In making this recommendation the Secretary shall not
recommend extension unless he determines that:
--extension will substantially promote the freedom of
emigration objectives of section 402 of the Act; and
--China is complying with the 1992 bilateral
agreement between the United States and China
concerning prison labor.
(b) In making this recommendation the Secretary shall also
determine whether China has made overall, significant progress
with respect to the following:
--taking steps to begin adhering to the Universal
Declaration of Human Rights;
--releasing and providing an acceptable accounting
for Chinese citizens imprisoned or detained for the
non-violent expression of their political and religious
beliefs, including such expression of beliefs in
connection with the Democracy Wall and Tiananmen Square
movements;
--ensuring humane treatment of prisoners, such as by
allowing access to prisons by international
humanitarian and human rights organizations;
--protecting Tibet's distinctive religious and
cultural heritage; and
--permitting international radio and television
broadcasts into China.
Sec. 2. The Secretary shall submit his recommendation to
the President before June 3, 1994.
Sec. 3. The Secretary, and other appropriate officials of
the United States, shall pursue resolutely all legislative and
executive actions to ensure that China abides by its
commitments to follow fair, nondiscriminatory trade practices
in dealing with U.S. businesses, and adheres to the Nuclear
Non-Proliferation Treaty, the Missile Technology Control Regime
guidelines and parameters, and other nonproliferation
commitments.
Sec. 4. This order does not create any right or benefit,
substantive or procedural, enforceable by any person of entity
against the United States, its officers, or employees.
(12) Withdrawal of Most Favored Nation Status From Serbia and
Montenegro
Public Law 102-420 [H. R. 5258], 106 Stat. 2149, approved October 16,
1992
AN ACT An Act \1\ to provide for the withdrawal of most favored nation
status from Serbia and Montenegro and to provide for the restoration of
such status if certain conditions are fulfilled.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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\1\ As enrolled.
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SECTION 1.\2\ WITHDRAWAL OF MOST FAVORED NATION STATUS FROM SERBIA AND
MONTENEGRO.
(a) Findings.--The Congress finds that Serbia or Montenegro
are not complying with the provisions of the Final Act of the
Conference on Security and Cooperation in Europe (also known as
the ``Helsinki Final Act''), particularly the provisions
regarding human rights and humanitarian affairs and are not
respecting minority rights in Kosovo and Vojvodina.
---------------------------------------------------------------------------
\2\ 19 U.S.C. 2432 note.
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(b) Withdrawal of MFN Status.--Except as provided in
subsection (c), nondiscriminatory treatment shall not apply
with respect to any goods that--
(1) are the product of Serbia or Montenegro; and
(2) are entered into the customs territory of the
United States on or after the 15th day after the date
of the enactment of this Act.
(c) Restoration of Nondiscriminatory Treatment.--
Notwithstanding subsection (b), the President may restore
nondiscriminatory treatment to goods that are the product of
Serbia or Montenegro, as the case may be, 30 days after he
certifies to the Congress that Serbia or Montenegro, as the
case may be--
(1) has ceased its armed conflict with the other
ethnic peoples of the region formerly comprising the
Socialist Federal Republic of Yugoslavia;
(2) has agreed to respect the borders of the 6
republics that comprised the Socialist Federal Republic
of Yugoslavia under the 1974 Yugoslav Constitution; and
(3) has ceased all support of Serbian forces inside
Bosnia-Hercegovina.
(13) Albania
Public Law 102-363 [H.J. Res. 507], 106 Stat. 969, approved August 26,
1992
JOINT RESOLUTION To approve the extension of nondiscriminatory
treatment with respect to the products of the Republic of Albania.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Congress approves the extension of nondiscriminatory treatment
with respect to the products of the Republic of Albania
transmitted by the President to the Congress on June 16,
1992.\1\
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\1\ 19 U.S.C. 2434 note. See also Public Law 106-200 (114 Stat.
251) with respect to Albania, this volume, page 1178.
(14) Union of Soviet Socialist Republics
Public Law 102-197 [H.J. Res 346], 105 Stat. 1622, approved December 9,
1991
A JOINT RESOLUTION Approving the extension of nondiscriminatory
treatment with respect to the products of the Union of Soviet Socialist
Republics.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Congress approves the extension of nondiscriminatory treatment
to the products of the Union of Soviet Socialist Republics
transmitted by the President to the Congress on October 9,
1991.\1\
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\1\ 19 U.S.C. 2434 note. On October 9, 1991, the President
implemented the ``Agreement on Trade Relations Between the United
States of America and the Union of Soviet Socialist Republics'' signed
on June 1, 1990 (Proclamation No. 6352, 56 F.R. 51317).
(15) Czech and Slovakia, Hungary, Estonia, Latvia, and Lithuania
Partial text of Public Law 102-182 [H.R. 1724], 105 Stat. 1233,
approved December 4, 1991
AN ACT To provide for the termination of the application of title IV of
the Trade Act of 1974 to Czechoslovakia and Hungary.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ CONGRESSIONAL FINDINGS AND PREPARATORY PRESIDENTIAL
ACTION.
(a) Congressional Findings.--The Congress finds that the
Czech and Slovak Federal Republic and the Republic of Hungary
both have--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note. Previously, in Public Law 101-541 (104
Stat. 2380), approved November 8, 1990, Congress approved the extension
of nondiscriminatory treatment with respect to the products of
Czechoslovakia transmitted by the President to the Congress on
September 6, 1990. The agreement was implemented by Proclamation No.
6175 (55 F.R. 37643) on the same date, to become effective on the date
of exchange of written notices of acceptance. On the same date, the
President determined that the agreement with Czechoslovakia is in the
national interest (55 F. R. 39259).
A bilateral trade agreement with Hungary was implemented on April
7, 1978 by Presidential Proclamation No. 4560 (43 F.R. 15125), to
become effective on the date of written notices of acceptance. The
trade agreement was renewed on June 2, 1981 (Presidential Determination
No. 81-9); on June 23, 1987 (Presidential Determination No. 87-15, 52
F.R. 23785); and on June 22, 1990 (Presidential Determination No. 90-
27, 55 F.R. 25945).
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(1) dedicated themselves to respect for fundamental
human rights;
(2) accorded to their citizens the right to emigrate
and to travel freely;
(3) reversed over 40 years of communist dictatorship
and embraced the establishment of political pluralism,
free and fair elections, and multi-party political
systems;
(4) introduced far-reaching economic reforms based on
market-oriented principles and have decentralized
economic decisionmaking; and
(5) demonstrated a strong desire to build friendly
relationships with the United States.
(b) Preparatory Presidential Action.--The Congress notes
that the President in anticipation of the enactment of section
2, has directed the United States Trade Representative to
negotiate with the Czech and Slovak Federal Republic and the
Republic of Hungary, respectively, in order to--
(1) preserve the commitments of that country under
the bilateral commercial agreement in effect between
that country and the United States that are consistent
with the General Agreement on Tariffs and Trade; and
(2) obtain other appropriate commitments.
SEC. 2.\1\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
1974 TO CZECHOSLOVAKIA AND HUNGARY.
(a) \2\ Presidential Determinations and Extension of
Nondiscriminatory Treatment.--Notwithstanding any provision of
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may--
---------------------------------------------------------------------------
\2\ The President made such a determination with respect to
Czechoslovakia and Hungary on April 10, 1992 (Presidential
Determination No. 92-21; 57 F.R. 12863; April 14, 1992), and issued a
supporting proclamation on the same date (Proclamation No. 6419, April
19, 1992, 57 F.R. 12865). Prior to the Passage of Public Law 102-182,
the President extended a waiver to Czechoslovakia in Executive Order
No. 12702 (February 20, 1990, 55 F.R. 6231, see this volume, page 1211
for text). This waiver was extended by Presidential Determination No.
90-22 of June 3, 1990 (55 F.R. 42831), and Presidential Determination
No. 91-39 of June 3, 1991 (56 F.R. 27187).
With respect to Hungary, a Presidential waiver was extended by
Executive Order No. 12051 (April 7, 1978, 43 F.R. 15131, see page
1213). This waiver was extended by Presidential Determination No. 81-8
of June 2, 1981 (46 F.R. 30797); by Presidential Determination No. 83-7
of June 3, 1983 (48 F.R. 26585); by Presidential Determination No. 84-9
of May 31, 1994 (49 F.R. 24107); by Presidential Determination No. 86-
10, June 3, 1986 (51 F.R. 22057); by Presidential Determination No. 87-
14, June 2, 1987 (52 F.R. 22431); by Presidential Determination No. 88-
18, June 3, 1988 (53 F.R. 21407); and by Presidential Determination No.
89-14, May 31, 1989 (54 F.R. 26943).
---------------------------------------------------------------------------
(1) determine that such title should no longer apply
to the Czech and Slovak Federal Republic or to the
Republic of Hungary, or to both; and
(2) after making a determination under paragraph (1)
with respect to a country, proclaim the extension of
nondiscriminatory treatment (most-favored-nation
treatment) to the products of that country.
(b) Termination of Application of Title IV.--On and after
the effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of a country, title
IV of the Trade Act of 1974 shall cease to apply to that
country.
---------------------------------------------------------------------------
\3\ Sec. 3 amended the Emergency Unemployment Compensation Act of
1991.
---------------------------------------------------------------------------
SEC. 3.\3\ MODIFICATION OF THE EMERGENCY UNEMPLOYMENT COMPENSATION ACT
OF 1991. * * *
SEC. 4. REPEAL OF THE PROHIBITION ON THE IMPORTATION OF SOVIET GOLD
COINS.
Section 510 of the Comprehensive Anti-Apartheid Act of 1986
(22 U.S.C. 5100) is repealed.
TITLE I--EXTENSION OF NONDISCRIMINATORY TREATMENT TO ESTONIA, LATVIA,
AND LITHUANIA\1\
SEC. 101. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) The Government of the United States extended full
diplomatic recognition to Estonia, Latvia, and
Lithuania in 1922.
(2) The Government of the United States entered into
agreements extending most-favored-nation treatment with
the Government of Estonia on August 1, 1925, the
Government of Latvia on April 30, 1926, and the
Government of Lithuania on July 10, 1926.
(3) The Union of Soviet Socialist Republics
incorporated Estonia, Latvia, and Lithuania
involuntarily into the Union as a result of a secret
protocol to a German-Soviet agreement in 1939 which
assigned those three states to the Soviet sphere of
influence; and the Government of the United States has
at no time recognized the forcible incorporation of
those states into the Union of Soviet Socialist
Republics.
(4) The Trade Agreements Extension Act of 1951
required the President to suspend, withdraw, or prevent
the application of trade benefits, including most-
favored-nation treatment, to countries under the
domination or control of the world Communist movement.
(5) In 1951, responsible representatives of Estonia,
Latvia, and Lithuania stated that they did not object
to the imposition of ``such controls as the Government
of the United States may consider to be appropriate''
to the products of those countries, for such time as
those countries remained under Soviet domination or
control.
(6) In 1990, the democratically elected governments
of Estonia, Latvia, and Lithuania declared the
restoration of their independence from the Union of
Soviet Socialist Republics.
(7) The Government of the United States established
diplomatic relations with Estonia, Latvia, and
Lithuania on September 2, 1991, and on September 6,
1991, the State Council of the transitional government
of the Union of Soviet Socialist Republics recognized
the independence of Estonia, Latvia, and Lithuania,
thereby ending the involuntary incorporation of those
countries into, and the domination of those countries
by, the Soviet Union.
(8) Immediate action should be taken to remove the
impediments, imposed in response to the circumstances
referred to in paragraph (5), in United States trade
laws to the extension of nondiscriminatory treatment
(most-favored-nation treatment) to the products of
those countries.
(9) As a consequence of establishment of United
States diplomatic relations with Estonia, Latvia, and
Lithuania, these independent countries are eligible to
receive the benefits of the Generalized System of
Preferences provided for in title V of the Trade Act of
1974.
SEC. 102. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE PRODUCTS OF
ESTONIA, LATVIA, AND LITHUANIA.
(a) In General.--Notwithstanding any provision of title IV
of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) or any other
provision of law, nondiscriminatory treatment (most-favored-
nation treatment) applies to the products of Estonia, Latvia,
and Lithuania.
(b) Conforming Tariff Schedule Amendments.--General Note
3(b) of the Harmonized Tariff Schedule of the United States is
amended by striking out ``Estonia'', ``Latvia'', and
``Lithuania''.
(c) Effective Date.--Subsection (a) and the amendments made
by subsection (b) apply with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the 15th
day after the date of the enactment of this Act.
SEC. 103. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
1974 TO THE BALTICS.
Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.)
shall cease to apply to Estonia, Latvia, and Lithuania
effective as of the 15th day after the date of the enactment of
this Act.
SEC. 104.\4\ SENSE OF THE CONGRESS REGARDING PROMPT PROVISION OF GSP
TREATMENT TO THE PRODUCTS OF ESTONIA, LATVIA, AND
LITHUANIA.
It is the sense of the Congress that the President should
take prompt action under title V of the Trade Act of 1974 to
provide preferential tariff treatment to the products of
Estonia, Latvia, and Lithuania pursuant to the Generalized
System of Preferences.
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\4\ Estonia, Latvia, and Lithuania were added to the list of
independent countries for purposes of the Generalized System of
Preferences by Presidential Proclamation 6402 of February 5, 1992 (57
F.R. 4833), effective February 22, 1992.
\5\ For the Andean Trade Preference Act (title II, 19 U.S.C. 3201
et seq.), see page 960.
\6\ For the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (title III, 22 U.S.C. 5601 et seq.), see
Legislation on Foreign Relations Through 2005, vol. II-B.
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TITLE II--TRADE PREFERENCE FOR THE ANDEAN REGION \5\ * * *
* * * * * * *
TITLE III--CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL WEAPONS
\6\ * * *
* * * * * * *
(16) Mongolia
Public Law 102-157 [H.J. Res 281], 105 Stat. 1040, approved November
13, 1991
A JOINT RESOLUTION Approving the extension of nondiscriminatory
treatment with respect to the products of the Mongolian People's
Republic.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Congress approves the extension of nondiscriminatory treatment
to the products of Mongolian People's Republic transmitted by
the President to the Congress on June 25, 1991.\1\
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\1\ 19 U.S.C. 2434 note.
(17) East Germany
Partial text of Public Law 101-382 [Customs and Trade Act of 1990; H.R.
1594], 104 Stat. 629, approved August 20, 1990
Note.--The Customs and Trade Act of 1990 consists of
amendments to several Public Laws; those amendments are
incorporated at the appropriate places. Freestanding
provisions are presented here, or it is noted where
such provisions appear elsewhere in this compilation.
AN ACT To make miscellaneous and technical changes to various trade
laws.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Customs and
Trade Act of 1990''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2101 note.
---------------------------------------------------------------------------
(b) Table of Contents.--
* * * * * * *
TITLE I--TRADE AGENCY AUTHORIZATION, CUSTOMS USER FEES, AND OTHER
PROVISIONS
* * * * * * *
Subtitle D--Miscellaneous Provisions
* * * * * * *
SEC. 138.\2\ ECONOMIC SANCTIONS AGAINST PRODUCTS OF BURMA. * * *
* * * * * * *
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\2\ For text of sec. 138, see page 1650.
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SEC. 142. NONDISCRIMINATORY TREATMENT FOR THE PRODUCTS OF EAST GERMANY.
Notwithstanding any other provision of law, the President
may, by proclamation, lower the rate of duty under the
Harmonized Tariff Schedule of the United States on products of
the German Democratic Republic that are entered, or withdrawn
from warehouses for consumption, in the customs territory of
the United States--
(1) after September 30, 1990; and
(2) before the beginning date on which a unified
Germany is treated as a country eligible for column 1
duty treatment under such Harmonized Schedule;
to any rate of duty that is not lower than the rate that would
be imposed if the column 1 general rate of duty provided for in
such Schedule applied to the product at the time of entry or
withdrawal.
TITLE II--CARIBBEAN BASIN ECONOMIC RECOVERY \3\
* * * * * * *
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\3\ Freestanding provisions of title II may be found beginning at
page 981.
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TITLE IV--EXPORTS OF UNPROCESSED TIMBER \4\
* * * * * * *
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\4\ Freestanding provisions of title IV may be found in Legislation
on Foreign Relations Through 2005, vol. IV, sec. N.
h. Trade Act of 1974--Waivers \1\
(1) Waiver Under the Trade Act of 1974 With Respect to Belarus
Executive Order 13220, July 2, 2001, 66 F.R. 35527
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including subsection 402(c)(2) of the Trade Act of 1974, as
amended (the ``Act'')(19 U.S.C. 2432(c)(2)), which continues to
apply to the Republic of Belarus pursuant to subsection 402(d)
of the Act (19 U.S.C. 2432(d)), and having made the report to
the Congress required by subsection 402(c)(2), I hereby waive
the application of subsections 402(a) and 402(b) of the Act
with respect to the Republic of Belarus.
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\1\ See also Normal Trade Relations (Most-Favored-Nation)
Extensions, Suspensions, Terminations, beginning at page 1170.
(2) Waiver Under the Trade Act of 1974 With Respect to Tajikistan and
Turkmenistan
Executive Order 12811, June 24, 1992, 57 F.R. 28585
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 402(c)(2) of the Trade Act of 1974, as
amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
apply to Tajikistan and Turkmenistan pursuant to section 402(d)
of the Act, and having made the report to the Congress required
by section 402(c)(2), I hereby waive the application of
sections 402(a) and 402(b) of the Act with respect to
Tajikistan and Turkmenistan.\1\
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\1\ This waiver was extended by Presidential Determination No. 93-
25 of June 2, 1993 (58 F.R. 33005); Presidential Determination No. 95-
24 of June 2, 1995 (60 F.R. 31049); Presidential Determination No. 96-
30 of June 3, 1996 (61 F.R. 29457); and Presidential Determination No.
94-28 of June 3, 1997 (62 F.R. 32019).
On December 5, 1997, the President determined that Tajikistan and
Turkmenistan ``are not in violation of paragraph (1), (2), or (3) of
subsection 402(a) of the Act [of 1974] or paragraph (1), (2) or (3) of
subsection 409(a)'' (Presidential Determination No. 98-7, 62 F.R.
66253).
(3) Waiver Under the Trade Act of 1974 With Respect to Albania,
Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan
Executive Order 12809, June 3, 1992, 57 F.R. 23925
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 402(c)(2) of the Trade Act of 1974, as
amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
apply to Albania, Azerbaijan, Georgia, Kazakhstan, Moldova,
Ukraine, and Uzbekistan pursuant to section 402(d) of the Act,
and having made the report to the Congress required by section
402(c)(2) of the Act, I hereby waive the application of
sections 402(a) and 402(b) of the Act with respect to Albania,
Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and
Uzbekistan.\1\
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\1\ The waivers were extended by Presidential Determination No. 93-
25 (June 2, 1993, 58 F.R. 33005); Presidential Determination No. 95-24
(June 2, 1995, 60 F.R. 31049); Presidential Determination No. 96-30
(June 3, 1996, 61 F.R. 29457); and Presidential Determination No. 97-28
(June 3, 1997, 62 F.R. 32019).
On June 3, 1997, the President determined that Armenia, Azerbaijan,
Georgia, Moldova, and Ukraine ``are not in violation of paragraph (1),
(2), or (3) of subsection 402(a) of the Act [of 1974] or paragraph (1),
(2) or (3) of subsection 409(a)'' (Presidential Determination No. 97-
27, 62 F.R. 66253). A similar determination was made for Kazakhstan,
Kyrgyzstan, and Uzbekistan on December 5, 1997 (Presidential
Determination No. 98-7, 62 F.R. 66253).
(4) Waiver Under the Trade Act of 1974 With Respect to the Republic of
Byelarus, the Republic of Kyrgyzstan, and the Russian Federation
Executive Order 12802, April 16, 1992, 57 F.R. 14321
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 402(c)(2) of the Trade Act of 1974, as
amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
apply to the Republic of Byelarus, the Republic of Kyrgyzstan,
and the Russian Federation pursuant to section 402(d) of the
Act, and having made the report to the Congress required by
section 402(c)(2) of the Act, I waive the application of
sections 402(a) and 402(b) of the Act with respect to the
Republic of Byelarus, the Republic of Kyrgyzstan, and the
Russian Federation.\1\
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\1\ In Presidential Determination No. 93-25 (June 2, 1993, 58 F.R.
33005), the President determined ``that the continuation of the waivers
applicable to Albania, Armenia, Azerbaijan, Belarus, Georgia,
Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Romania, Russia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan will substantially promote the
objectives of section 402 of the [Trade] Act [of 1974].''. The
President continued the waiver for Albania, Armenia, Azerbaijan,
Belarus, Georgia, Kazakstan, Kyrgystan, Moldova, Mongolia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan in Presidential Determination No.
95-24 of June 2, 1995 (60 F.R. 31049); and in Presidential
Determination No. 96-30 of June 3, 1996 (61 F.R. 29457). Presidential
waiver authority continued to be exercised with respect to Belarus in
Presidential Determination No. 98-28 (June 3, 1998, 63 F.R. 32709),
Presidential Determination No. 99-26 (June 3, 1999, 64 F.R. 31109);
Presidential Determination No. 2000-22 (June 2, 2000, 65 F.R. 36311);
and Presidential Determination No. 2001-20 (July 2, 2001, 66 F.R.
37109).
(5) Waiver Under the Trade Act of 1974 With Respect to Armenia
Executive Order 12798, April 6, 1992, 57 F.R. 12175
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 402(c)(2) of the Trade Act of 1974, as
amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
apply to Armenia pursuant to section 402(d) of the Act, and
having made the report to the Congress required by section
402(c)(2) of the Act, I waive the application of sections
402(a) and 402(b) of the Act with respect to Armenia.\1\
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\1\ This waiver was continued in Presidential Determination No. 93-
25 (June 2, 1993, 58 F.R. 33005); Presidential Determination No. 95-24
(June 2, 1995, 60 F.R. 31049); and Presidential Determination No. 96-30
(June 3, 1996, 61 F.R. 29457).
On June 3, 1997, the President determined that Armenia, Azerbaijan,
Georgia, Moldova, and Ukraine ``are not in violation of paragraph (1),
(2), or (3) of subsection 402(a) of the Act [of 1974] or paragraph (1),
(2) or (3) of subsection 409(a)'' (Presidential Determination No. 97-
27, 62 F.R. 66253).
(6) Waiver Under the Trade Act of 1974 With Respect to Romania
Executive Order 12772, August 17, 1991, 56 F.R. 41621
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 402(c)(2) of the Trade Act of 1974, as
amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
apply to Romania pursuant to section 402(d), and having made
the report to the Congress required by section 402(c)(2) of the
Act, I waive the application of sections 402(a) and 402(b) of
the Act with respect to Romania.\1\
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\1\ See also Public Law 104-171 (110 Stat. 1539), page 1185,
relating to Romania.
(7) Waiver Under the Trade Act of 1974 With Respect to Mongolia
Executive Order 12746, January 23, 1991, 56 F.R. 2837
By virtue of the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 402(c)(2) of the Trade Act of 1974 (``the
Act'') (19 U.S.C. 2432(c)(2)), which continues to apply to
Mongolia pursuant to section 402(d), and having made the report
to the Congress required by section 402(c)(2), I waive the
application of subsections (a) and (b) of section 402 of the
Act with respect to Mongolia.\1\
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\1\ See also sec. 2434 of Public Law 106-36 (113 Stat. 180), page
1181, relating to Mongolia.
(8) Waiver Under the Trade Act of 1974 With Respect to Bulgaria
Executive Order 12745, January 22, 1991, 56 F.R. 2835
By virtue of the authority vested in me as President by the
Constitution and the law of the United States of America,
including section 402(c)(2) of the Trade Act of 1974 (``the
Act'') (19 U.S.C. 2432(c)(2)), which continues to apply to
Bulgaria pursuant to section 402(d), and having made the report
to the Congress required by section 402(c)(2), I waive the
application of subsections (a) and (b) of section 402 of the
Act with respect to Bulgaria.\1\
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\1\ See also Public Law 104-162 (110 Stat. 1414), page 1187,
relating to Bulgaria.
(9) Waiver Under the Trade Act of 1974 With Respect to the Soviet Union
Executive Order 12740, December 29, 1990, 56 F.R. 355
By virtue of the authority vested in me as President by the
Constitution and the law of the United States of America,
including section 402(c)(2) of the Trade Act of 1974 (``the
Act'') (19 U.S.C. 2432(c)(2)), which continues to apply to the
Soviet Union pursuant to section 402(d), and having made the
report to the Congress required by section 402(c)(2), I waive
the application of subsections (a) and (b) of section 402 of
the Act with respect to the Soviet Union.\1\
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\1\ See also Public Law 102-197 (105 Stat. 1622), page 1193;
Executive Order 12802 (page 1204); and Executive Order 12809 (page
1203), with respect to the former Soviet Union and the Russian
Federation.
(10) Waiver Under the Trade Act of 1974 With Respect to the German
Democratic Republic
Executive Order 12726, August 15, 1990, 55 F.R. 33637
By virtue of the authority vested in me as President by the
Constitution and the law of the United States of America,
including section 402(c)(2) of the Trade Act of 1974 (the Act)
(19 U.S.C. 2432(c)(2)), which continues to apply to the German
Democratic Republic pursuant to section 402(d), and having made
the report to the Congress required by section 402(c)(2), I
waive the application of subsections (a) and (b) of section 402
of the Act with respect to the German Democratic Republic.\1\
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\1\ In Presidential Determination No. 90-30 (August 15, 1990, 55
F.R. 35421), the President determined ``that a waiver by Executive
order of the application of subsections (a) and (b) of section 402 of
the [Trade] Act [of 1974] with respect to the German Democratic
Republic will substantially promote the objectives of section 402.''.
On October 3, 1990, the German Democratic Republic united with the
Federal Republic of Germany, automatically ending the suspension of
East Germany's MFN status.
(11) Waiver Under the Trade Act of 1974 With Respect to Czechoslovakia
Executive Order 12702, February 20, 1990, 55 F.R. 6231
By virtue of the authority vested in me as President by the
Constitution and the law of the United States of America,
including section 402(c)(2) of the Trade Act of 1974 (19 U.S.C.
2432(c)(2)), which continues to apply to Czechoslovakia
pursuant to section 402(d), and having made the report to the
Congress required by section 402(c)(2), I waive the application
of subsections (a) and (b) of section 402 of said Act with
respect to Czechoslovakia.\1\
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\1\ See Public Law 102-182 (105 Stat. 1233), page 1194, in relation
to Czechoslovakia.
(12) Waiver Under the Trade Act of 1974 With Respect to the People's
Republic of China
Executive Order 12167, October 23, 1979, 44 F.R. 61167
By virtue of the authority vested in me as President of the
United States of America by Section 402(c)(2) of the Trade Act
of 1974 (Public Law 93-618, January 3, 1975; 88 Stat. 1978),
which continues to apply to the People's Republic of China
pursuant to Section 402(d), and having made the report to the
Congress required by Section 402(c)(2), I waive the application
of subsections (a) and (b) of Section 402 of said Act with
respect to the People's Republic of China.\1\
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\1\ See also Public Law 106-286 (114 Stat. 880), page 1176,
relative to the People's Republic of China.
(13) Waiver Under the Trade Act of 1974 With Respect to the Hungarian
People's Republic
Executive Order 12051, April 7, 1978, 43 F.R. 15131
By virtue of the authority vested in me as President of the
United States of America by Section 402(c)(2) of the Trade Act
of 1974 (88 Stat. 2057, 19 U.S.C. 2432(c)(2)), which continues
to apply to the Hungarian People's Republic pursuant to Section
402(d), and having made the report to the Congress required by
Section 402(c)(2), I waive the application of subsections (a)
and (b) of Section 402 of said Act with respect to the
Hungarian People's Republic.\1\
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\1\ See also Public Law 102-182 (105 Stat. 1233), page 1194, with
respect to Hungary.
(14) Waiver Under the Trade Act of 1974 With Respect to the Socialist
Republic of Romania
Executive Order 11854, April 24 1975, 40 F.R. 18391
By virtue of the authority vested in me by Section
402(c)(1) of the Trade Act of 1974 (Public Law 93-618, January
3, 1975; 88 Stat. 1857, 2057), and having made the report to
the Congress required by that provision, I hereby waive the
application of subsections (a) and (b) of section 402 of said
Act with respect to the Socialist Republic of Romania.\1\
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\1\ See also Executive Order 12772, page 1206 and Public Law 104-
171 (110 Stat. 1539), page 1185, with respect to Romania.
2. Export-Import Bank
a. Export-Import Bank Act of 1945, as amended
Public Law 79-173 [H.R. 3771], 59 Stat. 526, approved July 31, 1945; as
amended by Public Law 79-282 [H.R. 4683], 59 Stat. 666, approved
December 28, 1945; Public Law 80-89 [S. 993], 61 Stat. 130, approved
June 9, 1947; Public Law 82-158 [S. 2006], 65 Stat. 367, approved
October 3, 1951; Public Law 83-30 [H.R. 4465], 67 Stat. 28, approved
May 21, 1953; Public Law 83-570 [S. 3589], 68 Stat. 677, approved
August 9, 1954; Public Law 83-779 [H.R. 9730], 68 Stat. 1237, approved
September 3, 1954; Public Law 85-55 [H.R. 4136], 71 Stat. 82, approved
June 17, 1957; Public Law 85-424 [S. 3149], 72 Stat. 133, approved May
22, 1958; Public Law 87-311 [S. 2325], 75 Stat. 673, approved September
26 1961; Public Law 88-101 [H.R. 3872], 77 Stat. 128, approved August
20, 1963; Public Law 89-348 [S. 2150], 79 Stat. 1312, approved November
8, 1965; Public Law 90-267 [S. 1155], 82 Stat. 47, approved March 13,
1968; Public Law 92-126 [Export Expansion Finance Act of 1971; S. 581],
86 Stat. 345, approved August 17, 1971; Public Law 93-331 [S.J. Res
218], 88 Stat. 289, approved July 4, 1974; Public Law 93-374 [S.J. Res.
229], 88 Stat. 445, approved August 14, 1974; Public Law 93-425 [S.J.
Res. 244], 88 Stat. 1166, approved September 30, 1974; Public Law 93-
450 [S.J. Res. 251], 88 Stat. 1368, approved October 18, 1974; Public
Law 93-646 [Export-Import Bank Amendments of 1974; H.R. 15977], 88
Stat. 2333, approved January 4, 1975; Public Law 95-143 [H.R. 6415], 91
Stat. 1210, approved October 26, 1977; Public Law 95-407 [H.J. Res.
1140], 92 Stat. 882, approved September 30 1978; Public Law 95-630
[Financial Institutions Regulatory and Interest Rate Control Act of
1978; H.R. 14279], 92 Stat. 3641 at 3724, approved November 10, 1978;
Public Law 96-470 [Congressional Reports Elimination Act of 1980; H.R.
6686], 94 Stat. 2237 at 2245, approved October 19, 1980; Public Law 97-
35 [Omnibus Budget Reconciliation Act of 1981; H.R. 3982], 95 Stat. 357
at 431, approved August 13, 1981; Public Law 98-109 [H.J. Res. 366], 97
Stat. 745 at 746, approved October 1, 1983; Public Law 98-143 [S.J.
Res. 189], 97 Stat. 916, approved November 1, 1983; Public Law 98-181
[Supplemental Appropriations, 1984; H.R. 3959], 97 Stat. 1153 at 1255,
approved November 30, 1983; Public Law 99-440 [Comprehensive Anti-
Apartheid Act of 1986; H.R. 4868], 100 Stat. 1086, approved October 2,
1986; Public Law 99-472 [Export-Import Bank Act Amendments of 1986;
H.R. 5548], 100 Stat. 1200, approved October 15, 1986; Public Law 99-
509 [Omnibus Budget Reconciliation Act of 1986; H.R. 5300], 100 Stat.
1874, approved October 21, 1986; Public Law 100-217 [Tied Aid Credit
Fund Reimbursements: Extension; H.R. 3289], 101 Stat. 1454, approved
December 29, 1987; Public Law 100-418 [Omnibus Trade and
Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
August 23, 1988; Public Law 100-690 [Anti-Drug Abuse Act of 1988; H.R.
5210], 102 Stat. 4181, approved November 18, 1988; Public Law 101-240
[International Development and Finance Act of 1989, H.R. 2494], 103
Stat. 2492, approved December 19, 1989; Public Law 101-513 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; Public Law
101-623 [International Narcotics Control Act of 1990, H.R. 5567], 104
Stat. 3350, approved November 21, 1990; Public Law 102-145 [Further
Continuing Appropriations, Fiscal Year 1992, as amended by Public Law
102-266], 105 Stat. 968 [at 106 Stat. 95], approved October 28, 1991;
Public Law 102-429 [Export Enhancement Act of 1992, H.R. 5739],
106 Stat. 2186, approved October 21, 1992; Public Law 102-583
[International Narcotics Control Act of 1992, H.R. 6187], 106 Stat.
4914, approved November 2, 1992; Public Law 103-87 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1993; H.R.
2295], 107 Stat. 931, approved September 30, 1993; Public Law 103-149
[South African Democratic Transition Support Act of 1993; H.R. 3225],
107 Stat. 1503, approved November 23, 1993; Public Law 103-236 [Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333],
108 Stat. 382, approved April 30, 1994; Public Law 103-428 [H.R. 4455],
108 Stat. 4375, approved October 31, 1994; Public Law 103-447
[International Narcotics Control Corrections Act of 1994; H.R. 5246],
108 Stat. 4691, approved November 2, 1994; Public Law 104-97 [H.R.
2203], 109 Stat. 984, approved January 11, 1996; Public Law 104-107
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996; H.R. 1868], 110 Stat. 704, approved February
12, 1996; Public Law 104-201 [National Defense Authorization Act for
Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September 23,
1996; Public Law 105-121 [Export-Import Bank Reauthorization Act of
1997; S. 1026], 111 Stat. 2528, approved November 26, 1997; Public Law
106-46 [H.R. 2565], 113 Stat. 227, approved August 11, 1999; Public Law
106-569 [American Homeownership and Economic Opportunity Act of 2000;
H.R. 5640], 114 Stat. 2944, approved December 27, 2000; and Public Law
107-189 [Export-Import Bank Reauthorization Act of 2002; S. 1372], 116
Stat. 698, approved June 14, 2002
AN ACT To provide for increasing the lending authority of the Export-
Import Bank of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Export-Import Bank Act of 1945.''
Sec. 2.\1\ (a)(1) There is hereby created a corporation
with the name Export-Import Bank of the United States \2\ which
shall be an agency of the United States of America. The objects
and purposes of the Bank shall be to aid in financing and to
facilitate exports of goods and services, imports, and the
exchange of commodities and services \3\ between the United
States or any of its territories or insular possessions and any
foreign country or the agencies or nationals of any such
country, and in so doing to contribute to the employment of
United States workers. The Bank's objective in authorizing
loans, guarantees, insurance, and credits shall be to
contribute to maintaining or increasing employment of United
States workers.\4\ In connection with and in furtherance of its
objects and purposes, the Bank is authorized and empowered to
do a general banking business except that of circulation; to
receive deposits; to purchase, discount, rediscount, sell, and
negotiate, with or without its endorsement or guaranty, and to
guarantee notes, drafts, checks, bills of exchange,
acceptances, including bankers' acceptances, cable transfers,
and other evidences of indebtedness; to guarantee, insure, co-
insure, reinsure against political and credit risks of loss;
\5\ to purchase, sell, and guarantee securities but not to
purchase with its funds any stock in any other corporation
except that it may acquire any such stock, through the
enforcement of any lien or pledge or otherwise to satisfy a
previously contracted indebtedness to it; to accept bills and
drafts drawn upon it; to issue letters of credit; to purchase
and sell coin, bullion, and exchange; to borrow and to lend
money; to perform any act herein authorized in participation
with any other person, including any individual, partnership,
corporation, or association; to adopt, alter, and use a
corporate seal, which shall be judicially noticed; to sue and
to be sued, to complain and to defend in any court of competent
jurisdiction; to represent itself or to contract for
representation in all legal and arbitral proceedings outside
the United States; \5\ and the enumeration of the foregoing
powers shall not be deemed to exclude other powers necessary to
the achievement of the objects and purposes of the Bank. The
Bank shall be entitled to the use of the United States mails in
the same manner and upon the same conditions as the executive
departments of the Government. The Bank is authorized to
publish or arrange for the publications of any documents,
reports, contracts, or other material necessary in connection
with or in furtherance of its objects and purposes without
regard to the provisions of section 501 of title 44, United
States Code, whenever the Bank determines that publication in
accordance with the provisions of such section would not be
practicable.\6\ Subject to regulations which the Bank shall
issue pursuant to section 553 of title 5, United States Code,
the Bank may \7\ impose and collect reasonable fees to cover
the costs of conferences and seminars sponsored by, and
publications provided by, the Bank, and may accept
reimbursement for travel and subsistence expenses incurred by a
director, officer, or employee of the Bank, in accordance with
subchapter I of chapter 57 of title 5, United States Code.\7\
Amounts received under the preceding sentence shall be credited
to the fund which initially paid for such activities and shall
be offset against the expenses of the Bank for such
activities.\8\ The Bank is hereby authorized to use all of its
assets and all moneys which have been or may thereafter be
allocated to or borrowed by it in the exercise of its
functions. Net earnings of the Bank after reasonable provision
for possible losses shall be used for payment of dividends on
capital stock. Any such dividends shall be deposited into the
Treasury as miscellaneous receipts.
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\1\ 12 U.S.C. 635. The Act of December 28, 1945 (59 Stat. 666),
amended and restated subsec. (a)(1). Subsequently, the Act of June 9,
1947 (61 Stat. 130), further amended and restated subsec. (a)(1).
\2\ Public Law 90-267 (82 Stat. 47) changed the name of the Bank
from the ``Export-Import Bank of Washington'' to the ``Export-Import
Bank of the United States''.
\3\ Sec. 616(a)(1) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1257) added the words ``and
services''.
\4\ Sec. 2 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 698) amended and restated this sentence.
It previously read as follows:
``The objects and purposes of the Bank shall be to aid in financing
and to facilitate exports and imports and the exchange of commodities
and services between the United States or any of its territories or
insular possessions and any foreign country or the agencies or
nationals thereof.''.
\5\ Sec. 2 of Public Law 93-646 (88 Stat. 2333) added this phrase.
\6\ Sec. 2 of Public Law 93-646 (88 Stat. 2333) added this
sentence.
\7\ Sec. 101(c)(1) of the International Development and Finance Act
of 1989 (Public Law 101-240; 103 Stat. 2494), struck out ``The Bank
may'' in this sentence, added the opening clause to this point, and
inserted text at the end of this sentence beginning with ``, and may
accept''.
Previously, sec. 2 of the Export-Import Bank Act Amendments of 1986
(Public Law 99-472; 100 Stat. 1200) amended this sentence.
\8\ Sec. 101(c)(2) of the International Development and Finance Act
of 1989 (Public Law 101-240; 103 Stat. 2494), inserted ``and shall be
offset against the expenses of the Bank for such activities'' before
the period.
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(2) \9\ In order for the Bank to be competitive in all of
its financing programs with countries whose exports compete
with United States exports, the Bank shall establish a program
that--
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\9\ Sec. 622 of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1261) added para. (2).
Previously, Public Law 92-126 (85 Stat. 346) had added para. (2), which
was repealed by sec. 13 of Public Law 93-646 (88 Stat. 2337).
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(A) provides medium-term financing where necessary to
be fully competitive--
(i) at rates of interest to the customer
which are equal to rates established in
international agreements; and
(ii) in amounts up to 85 percent of the total
cost of the exports involved; and
(B) enables the Bank to cooperate fully with the
Secretary of Commerce and the Administrator of the
Small Business Administration to develop a program for
purposes of disseminating information (using existing
private institutions) to small business concerns
regarding the medium-term financing provided under this
paragraph.
(3) \10\ Enhancement of Medium-Term Program.--To enhance
the medium-term financing program established pursuant to
paragraph (2), the Bank shall establish measures to--
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\10\ Sec. 4 of Public Law 99-472 (100 Stat. 1200) added para. (3).
Sec. 121(a) of the Export Enhancement Act of 1992 (Public Law 102-429;
106 Stat. 2198) struck out the designation for subpara. (A), struck out
subpara. (B), and redesignated clauses (i) through (iv) as subparas.
(A) through (D).
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(A) \10\ improve the competitiveness of the Bank's
medium-term financing and ensure that its medium-term
financing is fully competitive with that of other major
official export credit agencies;
(B) \10\ ease the administrative burdens and
procedural and documentary requirements imposed on the
users of medium-term financing;
(C) \10\ attract the widest possible participation of
private financial institutions and other sources of
private capital in the medium-term financing of United
States exports; and
(D) \10\ render the Bank's medium-term financing as
supportive of United States exports as is its Direct
Loan Program.
(b)(1) \11\ (A) It is the policy of the United States to
foster expansion of exports of manufactured goods, agricultural
products, and other goods and services,\12\ thereby
contributing to the promotion and maintenance of high levels of
employment and real income, a commitment to reinvestment and
job creation, and the increased development of the productive
resources of the United States.\13\ To meet this objective in
all its programs,\14\ the Export-Import Bank is directed, in
the exercise of its functions, to provide guarantees,
insurance, and extensions of credit at rates and on terms and
other conditions which are fully \15\ competitive with the
Government-supported rates and terms and other conditions
available for the financing of exports of goods and services
\16\ from the principal countries whose exporters compete with
United States exporters. The Bank shall, in cooperation with
the export financing instrumentalities of other governments,
seek to minimize competition in Government-supported export
financing and shall, in cooperation with other appropriate
United States Government agencies, seek to reach international
agreements to reduce government subsidized export financing.
The Bank shall,\17\ not later than June 30 of each year,\18\
report to the appropriate committees of Congress its actions in
complying with these directives. In this report the Bank shall
include a survey of all other major export-financing facilities
available from other governments and government-related
agencies through which foreign exporters compete with United
States exporters (including through use of market windows) \19\
and indicate in specific terms the ways in which the Bank's
rates, terms, and other conditions compare with those offered
from such other governments directly or indirectly. With
respect to the preceding sentence, the Bank shall use all
available information to estimate the annual amount of export
financing available from each government and government-related
agency.\20\ Further the Bank shall at the same time survey a
representative number of United States exporters and United
States commercial lending institutions which provide export
credit to determine their experience in meeting financial
competition from other countries whose exporters compete with
United States exporters. The results of this survey shall be
included as part of the annual report required by this
subparagraph. The Bank shall include in the annual report a
description of its role in the implementation of the strategic
plan prepared by the Trade Promotion Coordinating Committee in
accordance with section 2312 of the Export Enhancement Act of
1988.\21\ The annual report required under this subparagraph
shall include the report required under section 10(g).\22\ The
Bank shall include in the annual report a description of all
Bank transactions which shall be classified according to their
principal purpose, such as to correct a market failure or to
provide matching support.\23\ The Bank shall include in the
annual report a description of the efforts undertaken under
subparagraph (K).\24\
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\11\ Public Law 92-126 (85 Stat. 345) amended and restated subsec.
(b)(1). Subsequently, sec. 3 of Public Law 93-646 (88 Stat. 2333)
further amended and restated subsec. (b)(1).
\12\ Sec. 1910 of Public Law 95-630 (92 Stat. 3726) struck out
``goods and related services'' and inserted in lieu thereof
``manufactured goods, agricultural products, and other goods and
services''.
\13\ Sec. 10 of the Export-Import Bank Reauthorization Act of 1997
(Public Law 105-121, 111 Stat. 2530), struck out ``real income, to the
increased development of the productive resources of the United
States.'' and inserted in lieu thereof ``real income, a commitment to
reinvestment and job creation, and the increased development of the
productive resources of the United States.''.
\14\ Sec. 612(a)(1) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1255) inserted ``in all
its programs''.
\15\ Sec. 612(a)(2) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1255) inserted ``fully''.
\16\ Sec. 616(a)(2) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1255) inserted ``of goods
and services''.
\17\ Sec. 1 of Public Law 95-143 (91 Stat. 1210) inserted ``and
shall, in cooperation with other appropriate United States Government
agencies, seek to reach international agreements to reduce government
subsidized export financing. The Bank shall, on''.
\18\ Sec. 11(1) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 704) struck out ``on an annual
basis'' and inserted in lieu thereof ``not later than June 30 of each
year''. Previously, sec. 210 of Public Law 96-470 (94 Stat. 2245)
altered this requirement from a semiannual report to an annual report.
Sec. 1103(d)(1) of Public Law 106-569 (114 Stat. 3030) struck out ``a
annual'' and inserted ``an annual''.
\19\ Sec. 11(2) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 704) inserted ``(including through
use of market windows)''.
\20\ Sec. 11(3) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 704) added this sentence.
\21\ Sec. 121(a)(2) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2198) struck out ``The Bank shall also include
in the annual report a description of each loan by the Bank involving
the export of any product or service related to the production,
refining, or transportation of any type of energy or the development of
any energy resources with a statement assessing the impact, if any, on
the availability of such products, services, or energy supplies thus
developed for use within the United States.'', and inserted in lieu
thereof ``The Bank shall include in the annual report a description of
its role in the implementation of the strategic plan prepared by the
Trade Promotion Coordinating Committee in accordance with section 2312
of the Export Enhancement Act of 1988.''.
\22\ Sec. 1103(d)(1) of Public Law 106-569 (114 Stat. 3030) added
this sentence.
\23\ Sec. 11(4) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 704) added this sentence.
\24\ Sec. 13(b) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 705) added this sentence.
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(B) It is further the policy of the United States that
loans made by the Bank in all its programs shall bear interest
at rates determined by the Board of Directors, consistent with
the Bank's mandate to support United States exports at rates
and on terms and conditions which are fully competitive with
exports of other countries, and consistent with international
agreements. For the purpose of the preceding sentence, rates
and terms and conditions need not be identical in all respects
\25\ to those offered by foreign countries, but should be
established so that the effect of such rates, terms, and
conditions for all the Bank's programs, including those for
small businesses and for medium-term financing, will be to
neutralize the effect of such foreign credit on international
sales competition. The Bank shall consider its average cost of
money as one factor in its determination of interest rates,
where such consideration does not impair the Bank's primary
function of expanding United States exports through fully
competitive financing. The Bank may not impose a credit
application fee unless (i) the fee is competitive with the
average fee charged by the Bank's primary foreign competitors,
and (ii) the borrower or the exporter is given the option of
paying the fee at the outset of the loan or over the life of
the loan and the present value of the fee determined under
either such option is the same amount.\26\ It is also the
policy of the United States \27\ that the Bank in the exercise
of its functions should supplement and encourage, and not
compete with, private capital; that the Bank, in determining
whether to provide support for a transaction under the loan,
guarantee, or insurance program, or any combination thereof,
shall consider the need to involve private capital in support
of United States exports as well as the cost of the transaction
as calculated in accordance with the requirements of the
Federal Credit Reform Act of 1990; \28\ that the Bank shall
accord equal opportunity to export agents and managers,
independent export firms, export trading companies,\29\ and
small commercial banks in the formulation and implementation of
its programs; \30\ that the Bank should give emphasis to
assisting new and small business entrants in the agricultural
export market, and shall, in cooperation with other relevant
Government agencies, including the Commodity Credit
Corporation, develop a program of education to increase
awareness of export opportunities among small agribusinesses
and cooperatives,\31\ that loans, so far as possible consistent
with the carrying out of the purposes of subsection (a) of this
section, shall generally be for specific purposes, and, in the
judgment of the Board of Directors, offer reasonable assurance
of repayment; and that in authorizing any loan or guarantee,
the Board of Directors shall take into account any serious
adverse effect of such loan or guarantee on the competitive
position of United States industry, the availability of
materials which are in short supply in the United States, and
employment in the United States, and shall give particular
emphasis to the objective of strengthening the competitive
position of United States exporters and thereby of expanding
total United States exports. Only in cases where the President,
after consultation with the Committee on \32\ Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate \33\
determines that such action would be in the national interest
where such action would clearly and importantly advance United
States policy in such areas as international terrorism
(including, when relevant, a foreign nation's lack of
cooperation in efforts to eradicate terrorism),\34\ nuclear
proliferation, the enforcement of the Foreign Corrupt Practices
Act of 1977, the Arms Export Control Act, the International
Emergency Economic Powers Act, or the Export Administration Act
of 1979,\35\ environmental protection and human rights (such as
are provided in the Universal Declaration of Human Rights
adopted by the United Nations General Assembly on December 10,
1948) \36\ (including child labor),\37\ should the Export-
Import Bank deny applications for credit for nonfinancial or
noncommercial considerations.\38\ Each such determination shall
be delivered in writing to the President of the Bank, shall
state that the determination is made pursuant to this section,
and shall specify the applications or categories of
applications for credit which should be denied by the Bank in
furtherance of the national interest.\39\
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\25\ Sec. 5 of Public Law 99-472 (100 Stat. 1201) struck out
``equivalent'' and inserted in lieu thereof ``identical in all
respects''.
\26\ Sec. 3 of Public Law 99-472 (100 Stat. 1200) added this
sentence.
\27\ Sec. 612(b) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1255) amended and restated
subpara. (B) to this point.
\28\ Sec. 104 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2189) added this clause.
\29\ Sec. 612(c) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1255) inserted ``export
trading companies,''.
\30\ Sec. 618(a)(1) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1258) struck out text
which previously appeared at this point concerning the Bank's policy
toward small business concerns. See sec. 2(b)(1)(E) of this Act for new
text regarding small businesses.
\31\ Sec. 1916 of Public Law 95-630 (92 Stat. 3727) added this
phrase beginning with the last semicolon.
\32\ Sec. 24(a) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 708) struck out ``Banking and''.
\33\ Sec. 5(1) of the Export-Import Bank Reauthorization Act of
1997 (Public Law 105-121; 111 Stat. 2529) inserted ``after consultation
with the Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate''.
\34\ Sec. 17 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 706) inserted ``(including, when
relevant, a foreign nation's lack of cooperation in efforts to
eradicate terrorism)''.
\35\ Sec. 21 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 707) inserted ``the enforcement of the
Foreign Corrupt Practices Act of 1977, the Arms Export Control Act, the
International Emergency Economic Powers Act, or the Export
Administration Act of 1979,''.
\36\ Sec. 15 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 705) inserted ``(such as are provided in
the Universal Declaration of Human Rights adopted by the United Nations
General Assembly on December 10, 1948)''.
\37\ Sec. 11 of Public Law 105-121 (111 Stat. 2530) inserted
``(including child labor)''.
\38\ Popularly referred to as the Chafee amendment. Sec. 1904 of
Public Law 95-630 (92 Stat. 3724) struck out a phrase concerning human
rights, which had been added by sec. 2 of Public Law 95-143 (91 Stat.
1210), and inserted in lieu thereof the words to this point beginning
with ``and shall give particular emphasis to''.
\39\ Sec. 5(2) of Public Law 105-121 (111 Stat. 2529) added this
sentence.
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(C) \40\ Consistent with the policy of section 501 of the
Nuclear Non-Proliferation Act of 1978 and section 119 of the
Foreign Assistance Act of 1961, the Board of Directors shall
name an officer of the Bank whose duties shall include advising
the President of the Bank on ways or promoting the export of
goods and services to be used in the development, production,
and distribution of nonnuclear renewable energy resources,
disseminating information concerning export opportunities and
the availability of Bank support for such activities, and
acting as a liaison between the Bank and the Department of
Commerce and other appropriate departments and agencies.
---------------------------------------------------------------------------
\40\ Sec. 1907 of Public Law 95-630 (92 Stat. 3725) added subpara.
(C).
---------------------------------------------------------------------------
(D) \41\ It is further the policy of the United States to
foster the delivery of United States services in international
commerce. In exercising its powers and functions, the Bank
shall give full and equal consideration to making loans and
providing guarantees for the export of services (independently,
or in conjunction with the export of manufactured goods,
equipment, hardware or other capital goods) consistent with the
Bank's policy to neutralize foreign subsidized credit
competition and to supplement the private capital market.
---------------------------------------------------------------------------
\41\ Sec. 616(a)(3) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1257) added subpara. (D).
Sec. 1104 of Public Law 106-569 (114 Stat. 3031) struck out ``(i)''
at the beginning of sec. 2(b)(1)(D), and struck out clause (ii). Clause
(ii) previously read as follows:
``(ii) The Bank shall include in its annual report a summary of its
programs regarding the export of services.''.
---------------------------------------------------------------------------
(E) \42\ (i)(I) It is further the policy of the United
States to encourage the participation of small business in
international commerce.
---------------------------------------------------------------------------
\42\ Sec. 618 of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1258) added subparas. (E) and
(F).
---------------------------------------------------------------------------
(II) In exercising its authority, the Bank shall develop a
program which gives fair consideration to making loans and
providing guarantees for the export of goods and services by
small businesses.
(ii) It is further the policy of the United States that the
Bank shall give due recognition to the policy stated in section
2(a) of the Small Business Act that ``the Government should
aid, counsel, assist, and protect, insofar as is possible, the
interests of small business concerns in order to preserve free
competitive enterprise''.
(iii) In furtherance of this policy, the Board of Directors
shall designate an officer of the Bank who--
(I) shall be responsible to the President of the Bank
for all matters concerning or affecting small business
concerns; and
(II) among other duties, shall be responsible for
advising small business concerns of the opportunities
for small business concerns in the functions of the
Bank, with particular emphasis on conducting outreach
and increasing loans to socially and economically
disadvantaged small business concerns (as defined in
section 8(a)(4) of the Small Business Act), small
business concerns (as defined in section 3(a) of the
Small Business Act) owned by women, and small business
concerns (as defined in section 3(a) of the Small
Business Act) employing fewer than 100 employees,\43\
and for maintaining liaison with the Small Business
Administration and other departments and agencies in
matters affecting small business concerns.)
---------------------------------------------------------------------------
\43\ Sec. 7(b) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 700) inserted ``, with particular
emphasis on conducting outreach and increasing loans to socially and
economically disadvantaged small business concerns (as defined in
section 8(a)(4) of the Small Business Act), small business concerns (as
defined in section 3(a) of the Small Business Act) owned by women, and
small business concerns (as defined in section 3(a) of the Small
Business Act) employing fewer than 100 employees,''.
---------------------------------------------------------------------------
(iv) The Director appointed to represent the interests of
small business under section 3(c) of this Act shall ensure that
the Bank carries out its responsibilities under clauses (ii)
and (iii) of this subparagraph and that the Bank's financial
and other resources are, to the maximum extent possible,
appropriately used for small business needs.
(v) To assure that the purposes of clauses (i) and (ii) of
this subparagraph are carried out, the Bank shall make
available, from the aggregate loan, guarantee, and insurance
authority available to it, an amount to finance exports
directly \44\ by small business concerns (as defined under
section 3 of the Small Business Act) which shall be not less
than 20 \45\ percent of such authority for each fiscal
year.\46\
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\44\ Sec. 116 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2196) inserted ``directly''.
\45\ Sec. 7(a) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 700) struck out ``10'' and inserted
in lieu thereof ``20''.
\46\ Sec. 121(a)(3) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2198) struck out:
``not less than--
---------------------------------------------------------------------------
(I) 6 per centum of such authority for fiscal year 1984;
(II) 8 per centum of such authority for fiscal year 1985; and
(III) 10 per centum of such authority for fiscal year 1986 and
thereafter.'',
and inserted in lieu thereof ``not less than 10 percent of such authority
for each fiscal year.''.
(vi) The Bank shall utilize the amount set-aside pursuant
to clause (v) of this subparagraph to offer financing for small
business exports on terms which are fully competitive with
regard to interest rates and with regard to the portion of
financing which may be provided, guaranteed, or insured.
Financing under this clause (vi) shall be available without
regard to whether financing for the particular transaction was
disapproved by any other Federal agency.
(vii)(I) The Bank shall utilize a part of the amount set
aside pursuant to clause (v) to provide lines of credit or
guarantees to consortia of small or medium size banks, export
trading companies, State export finance agencies, export
financing cooperatives, small business investment companies (as
defined in section 103 of the Small Business Investment Act of
1958), or other financing institutions or entities in order to
finance small business exports.
(II) Financing under this clause (vii) shall be made
available only where the consortia or the participating
institutions agree to undertake processing, servicing, and
credit evaluation functions in connection with such financing.
(III) To the maximum extent practicable, the Bank shall
delegate to the consortia the authority to approve financing
under this clause (vii).
(IV) In the administration of the program under this clause
(vii), the Bank shall provide appropriate technical assistance
to participating consortia and may require such consortia
periodically to furnish information to the Bank regarding the
number and amount of loans made and the creditworthiness of the
borrowers.
(viii) In order to assure that the policy stated in clause
(i) is carried out, the Bank shall promote small business
exports and its small business export financing programs in
cooperation with the Secretary of Commerce, the Office of
International Trade of the Small Business Administration, and
the private sector, particularly small business organizations,
State agencies, chambers of commerce, banking organizations,
export management companies, export trading companies and
private industry.
(ix) \47\ The Bank shall provide, through creditworthy
trade associations, export trading companies, State export
finance companies, export finance cooperatives, and other
multiple-exporter organizations, medium-term risk protection
coverage for the members and clients of such organizations.
Such coverage shall be made available to each such organization
under a single risk protection policy covering its members or
clients. Nothing in this provision shall be interpreted as
limiting the Bank's authority to deny support for specific
transactions or to disapprove a request by such an organization
to participate in such coverage.
---------------------------------------------------------------------------
\47\ Sec. 6 of Public Law 99-472 (100 Stat. 1201) added clause
(ix).
---------------------------------------------------------------------------
(x) \48\ The Bank shall implement technology improvements
that are designed to improve small business outreach, including
allowing customers to use the Internet to apply for the Bank's
small business programs.
---------------------------------------------------------------------------
\48\ Sec. 8(a) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 700) added clause (x). Sec. 8(c) of
such Act further provided:
``(c) Reports.--The Export-Import Bank of the United States shall
include in the annual report required by section 8(a) of the Export-
Import Bank Act of 1945 for each of fiscal years 2002 through 2006 a
report on the efforts made by the Bank to carry out subparagraphs
(E)(x) and (J) of section 2(b)(1) of such Act, and on how the efforts
are assisting small businesses.''.
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(F) \42\ Consistent with international agreements, the Bank
shall urge the Foreign Credit Insurance Association to provide
coverage against 100 per centum of any loss with respect to
exports having a value of less than $100,000.
(G) \49\ Participation in or access to long-, medium-, and
short-term financing, guarantees, and insurance provided by the
Bank shall not be denied solely because the entity seeking
participation or access is not a bank or is not a United States
person.
---------------------------------------------------------------------------
\49\ Sec. 7 of Public Law 99-472 (100 Stat 1201) added subpara.
(G).
---------------------------------------------------------------------------
(H) \50\ (i) It is further the policy of the United States
to foster the development of democratic institutions and market
economies in countries seeking such development, and to assist
the export of high technology items to such countries.
---------------------------------------------------------------------------
\50\ Sec. 114 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2195) added subpara. (H).
---------------------------------------------------------------------------
(ii) In exercising its authority, the Bank shall develop a
program for providing guarantees and insurance with respect to
the export of high technology items to countries making the
transition to market based economies, including eligible East
European countries (within the meaning of section 3 \51\ of the
Support For East European Democracy (SEED) Act of 1989).
---------------------------------------------------------------------------
\51\ Sec. 24(b)(1) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 700) struck out ``4'' and inserted
in lieu thereof ``3''.
---------------------------------------------------------------------------
(iii) As part of the ongoing marketing and outreach efforts
of the Bank, the Bank shall, to the maximum extent practicable,
inform high technology companies, particularly small business
concerns (as such term is defined in section 3 of the Small
Business Act), about the programs of the Bank for United States
companies interested in exporting high technology goods to
countries making the transition to market based economies,
including any eligible East European country (within the
meaning of section 3 \51\ of the Support For East European
Democracy (SEED) Act of 1989).
(iv) In carrying out clause (iii), the Bank shall--
(I) work with other agencies involved in export
promotion and finance; and
(II) invite State and local governments, trade
centers, commercial banks, and other appropriate public
and private organizations to serve as intermediaries
for the outreach efforts.
(I) \52\ The President of the Bank shall undertake efforts
to enhance the Bank's capacity to provide information about the
Bank's programs to small and rural companies which have not
previously participated in the Bank's programs. Not later than
1 year after November 26, 1997, the President of the Bank shall
submit to Congress a report on the activities undertaken
pursuant to this subparagraph.
---------------------------------------------------------------------------
\52\ Sec. 9 of Public Law 105-121 (111 Stat. 2528) added subpara.
(I).
---------------------------------------------------------------------------
(J) \53\ The Bank shall implement an electronic system
designed to track all pending transactions of the Bank.
---------------------------------------------------------------------------
\53\ Sec. 8(b) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 700) added subpara. (J). Sec. 8(c)
of such Act further provided:
``(c) Reports.--The Export-Import Bank of the United States shall
include in the annual report required by section 8(a) of the Export-
Import Bank Act of 1945 for each of fiscal years 2002 through 2006 a
report on the efforts made by the Bank to carry out subparagraphs
(E)(x) and (J) of section 2(b)(1) of such Act, and on how the efforts
are assisting small businesses.''.
---------------------------------------------------------------------------
(K) \54\ The Bank shall promote the export of goods and
services related to renewable energy sources.
---------------------------------------------------------------------------
\54\ Sec. 13(a) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 705) added subpara. (K).
---------------------------------------------------------------------------
(L) \55\ The Bank shall require an applicant for assistance
from the Bank to disclose whether the applicant has been found
by a court of the United States to have violated the Foreign
Corrupt Practices Act of 1977, the Arms Export Control Act, the
International Emergency Economic Powers Act, or the Export
Administration Act of 1979 within the preceding 12 months, and
shall maintain, in cooperation with the Department of Justice,
for not less than 3 years a record of such applicants so found
to have violated any such Act.
---------------------------------------------------------------------------
\55\ Sec. 19 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 707) added subpara. (L).
---------------------------------------------------------------------------
(2) \56\ Prohibition on aid to marxist-leninist
countries.--
---------------------------------------------------------------------------
\56\ Sec. 8 of Public Law 99-472 (100 Stat. 1201) amended and
restated para. (2).
Sec. 303 of Public Law 101-179 (103 Stat. 1312) provided that:
``(a) Authority To Extend Credit to Poland and Hungary.--
Notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(2)), the Export-Import Bank of the United States may
guarantee, insure, finance, extend credit, and participate in the
extension of credit in connection with the purchase or lease of any
product by the Republic of Hungary or any agency or national thereof or
by the Polish People's Republic or any agency or national thereof.
``(b) Private Financial Intermediaries To Facilitate Exports to
Poland.--Consistent with the provisions of the Export-Import Bank Act
of 1945 (12 U.S.C. 635 and following), the Export-Import Bank of the
United States shall work with private financial intermediaries in
Poland to facilitate the export of goods and services to Poland.''.
---------------------------------------------------------------------------
(A) In general.--The Bank in the exercise of its
functions shall not guarantee, insure, extend credit,
or participate in the extension of credit--
(i) in connection with the purchase or lease
of any product by a Marxist-Leninist country,
or agency or national thereof; or
(ii) in connection with the purchase or lease
of any product by any other foreign country, or
agency or national thereof, if the product to
be purchased or leased by such other country,
agency, or national is, to the knowledge of the
Bank, principally for use in, or sale or lease
to, a Marxist-Leninist country.
(B) \57\ Marxist-leninist country defined.--
---------------------------------------------------------------------------
\57\ Sec. 110 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2194) amended and restated subpara. (B).
---------------------------------------------------------------------------
(i) In general.--For purposes of this
paragraph, the term ``Marxist-Leninist
country'' means any country that maintains a
centrally planned economy based on the
principles of Marxism-Leninism, or is
economically and militarily dependent on any
other such country.
(ii) \58\ Specific countries deemed to be
marxist-leninist.--Unless otherwise determined
by the President in accordance with
subparagraph (C), the following countries are
deemed to be Marxist-Leninist countries for
purposes of this paragraph:
---------------------------------------------------------------------------
\58\ Prior to being amended by sec. 110 of the Export Enhancement
Act of 1992 (Public Law 102-429; 106 Stat. 2194), this list included
Cambodian People's Republic, Cooperative Republic of Guyana,
Czechoslovak Socialist Republic, Democratic People's Republic of Korea,
Democratic Republic of Afghanistan, Estonia, German Democratic
Republic, Hungarian People's Republic, Lao People's Democratic
Republic, Latvia, Lithuania, Mongolian People's Republic, People's
Democratic Republic of Yemen, People's Republic of Albania, People's
Republic of Angola, People's Republic of Benin, People's Republic of
Bulgaria, People's Republic of China, People's Republic of the Congo,
People's Republic of Mozambique, Polish People's Republic, Republic of
Cuba, Republic of Nicaragua, Socialist Ethiopia, Socialist Federal
Republic of Yugoslavia, Socialist Republic of Romania, Socialist
Republic of Vietnam, Surinam, Tibet, Union of Soviet Socialist
Republics (including its captive constituent republics).
---------------------------------------------------------------------------
(I) Cambodian People's Republic.
(II) Democratic People's Republic of
Korea.
(III) Democratic Republic of
Afghanistan.\59\
---------------------------------------------------------------------------
\59\ In Presidential Determination No. 90-8 (February 14, 1990; 55
F.R. 5425), the President determined ``that Mozambique has `ceased to
be a Marxist-Leninist country within the definition of such term in
subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C.
635(b)(2)(B)(i)).' ''.
In Presidential Determination No. 90-11 (February 20, 1990; 55 F.R.
11129), the President determined that ``it is in the national interest
for the Export-Import Bank to guarantee, insure, extend credit, and
participate in the extension of credit in connection with the purchase
or lease of any product or service by, for use in, or for sale or lease
to Czechoslovakia.''.
The President made similar determinations with regards to Nicaragua
(Presidential Determination No. 90-17; May 3, 1990; 55 F.R. 18587);
Mongolia (Presidential Determination No. 91-32; April 19, 1991; 56 F.R.
21585); Bulgaria (Presidential Determination No. 91-40; June 5, 1991;
56 F.R. 28467); Latvia, Lithuania, and Estonia (Presidential
Determination No. 92-11; January 28, 1992; 57 F.R. 5787); Albania
(Presidential Determination No. 92-40; August 17, 1992; 57 F.R. 40073);
Ethiopia (Presidential Determination No. 92-14; February 10, 1992; 57
F.R. 6659); Angola (Presidential Determination No. 92-32; June 3, 1992;
57 F.R. 24933); Afghanistan (Presidential Determination No. 93-3;
October 7, 1992; 57 F.R. 47557); and Vietnam (Presidential
Determination No. 98-18; March 9, 1998; 63 F.R. 14331).
---------------------------------------------------------------------------
(IV) Lao People's Democratic
Republic.
(V) People's Republic of China.\60\
---------------------------------------------------------------------------
\60\ Sec. 103 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2494) provided that:
``(a) Notwithstanding any other provision of law and subject to the
provisions of subsections (b) and (c), the Export-Import Bank of the
United States shall not finance any trade with, nor extend any loan,
credit, credit guarantee, insurance, or reinsurance to the People's
Republic of China.
``(b) The prohibitions described in subsection (a) of this section
shall not apply to food or agricultural commodities.
``(c) The President may waive the prohibitions in subsection (a) if
he makes a report to Congress either--
---------------------------------------------------------------------------
``(1) that the Government of the People's Republic of China has made
progress on a program of political reform throughout the country, as well
as in Tibet, which includes--
``(A) lifting of martial law;
``(B) halting of executions and other reprisals against individuals for
the nonviolent expression of their political beliefs;
``(C) release of political prisoners;
``(D) increased respect for internationally recognized human rights,
including freedom of expression, the press, assembly, and association; and
``(E) permitting a freer flow of information, including an end to the
jamming of Voice of America and greater access for foreign journalists; or
``(2) it is in the national interest of the United States to terminate a
suspension under subsection (a).''.
(VI) Republic of Cuba.
(VII) Socialist Federal Republic of
Yugoslavia.
(VIII) Socialist Republic of Vietnam.
(IX) Tibet.\59\
(C) Presidential determination that a country has
ceased to be marxist-leninist.--If the President
determines that any country on the list contained in
subparagraph (B)(ii) has ceased to be a Marxist-
Leninist country (within the definition of such term in
subparagraph (B)(i)), such country shall not be treated
as a Marxist-Leninist country for purposes of this
paragraph after the date of such determination, unless
the President subsequently determines that such country
has again become a Marxist-Leninist country.
(D) \61\ Presidential determination relating to
financing in the national interest.--
---------------------------------------------------------------------------
\61\ In Presidential Determination No. 94-53 (September 30, 1994;
59 F.R. 51483), the President determined ``that it is in the national
interest for the Export-Import Bank of the United States to extend a
loan in the amount of approximately $134,009,496 to the People's
Republic of China in connection with the purchase of U.S. equipment and
services for the expansion of the Ligang power station within Jiangsu
Province.''.
The President made similar determinations regarding loans to the
People's Republic of China in Presidential Determination No. 95-18
(April 21, 1995; 60 F.R. 22447); Presidential Determination No. 95-19
(April 21, 1995; 60 F.R. 22449); Presidential Determination No. 96-35
(June 26, 1996; 61 F.R. 36495); Presidential Determination No. 96-37
(June 29, 1996; 61 F.R. 36989); Presidential Determination No. 96-38
(June 29, 1996; 61 F.R. 36991); Presidential Determination No. 97-2
(November 11, 1996; 61 F.R. 59805); Presidential Determination No. 97-3
(November 11, 1996; 61 F.R. 59807); and Presidential Determination No.
97-36 (September 30, 1997; 62 F.R. 52475).
---------------------------------------------------------------------------
(i) In general.--Subparagraph (A) shall not
apply to guarantees, insurance, or extensions
of credit by the Bank to a country, agency, or
national described in clause (i) or (ii) of
subparagraph (A) (in connection with
transactions described in such clauses) if the
President determines that such guarantees,
insurance, or extensions of credit are in the
national interest.
(ii) Separate determination for certain
transactions.--The President shall make a
separate determination under clause (i) for
each transaction described in clause (i) or
(ii) of subparagraph (A) for which the Bank
would extend a loan in an amount equal to or
greater than $50,000,000.
(iii) Report of clause (i) determinations to
congress.--Any determination by the President
under clause (i) shall be reported to the
Congress not later than the earlier of--
(I) the end of the 30-day period
beginning on the date of such
determination; or
(II) the date the Bank takes final
action with respect to the first
transaction involving the country,
agency, or national for which such
determination is made after the date of
the enactment of the Export-Import Bank
Amendments of 1974, unless a report of
a determination with respect to such
date of enactment.
(iv) Report of clause (ii) determinations to
congress.--Any determination by the President
under clause (ii) shall be reported to the
Congress not later than the earlier of--
(I) the end of the 30-day period
beginning on the date of such
determination; or
(II) the date the Bank takes final
action with respect to the transaction
for which such determination is made.
(3) \62\ Except as provided by the fourth sentence of this
paragraph, no loan \63\ or financial guarantee or general
guarantee or insurance facility \64\ or combination thereof (i)
in an amount which equals or exceeds $100,000,000,\65\ or (ii)
\66\ for the export of technology, fuel, equipment, materials,
or goods or services to be used in the construction,
alteration, operation, or maintenance of nuclear power,
enrichment, reprocessing, research, or heavy water production
facilities, shall be finally approved by the Board of Directors
of the Bank, unless in each case the Bank has submitted to the
Congress with respect to such loan, financial guarantee, or
combination thereof, a detailed statement describing and
explaining the transaction, at least 25 days of continuous
session of the Congress prior to the date of final approval.
For the purpose of the preceding sentence, continuity of a
session of the Congress shall be considered as broken only by
an adjournment of the Congress sine die, and the days on which
either House is not in session because of an adjournment of
more than 3 days to a day certain shall be excluded in the
computation of the 25 day period referred to in such sentence.
Such statement shall contain--
---------------------------------------------------------------------------
\62\ Sec. 5 of Public Law 93-646 (88 Stat. 2333 at 2335)
redesignated paras. (3), (4), and (5) as paras. (4), (5), and (6),
respectively, and added a new para. (3). Subsequently, sec. 3(b) of
Public Law 95-143 (91 Stat. 1210) redesignated these paragraphs as
paras. (5), (6), and (7), added a new para. (4), and amended and
restated para. (3).
\63\ Sec. 1902(1) of Public Law 95-630 (92 Stat. 3724) struck out
``No loan'' and inserted in lieu thereof ``Except as provided by the
fourth sentence of this paragraph, no loan''.
\64\ Sec. 619(b) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1260) inserted ``or general
guarantee or insurance facility''.
\65\ Sec. 1902(2) of Public Law 95-630 (92 Stat. 3724) struck out
``$60,000,000'' and inserted in lieu thereof ``$100,000,000''.
\66\ Sec. 121 of the Further Continuing Appropriations, Fiscal Year
1992 (Public Law 102-145, as amended by Public Law 102-266) struck out
``(ii) in an amount which equals or exceeds 25,000,000 for the export
of goods or services involving research, exploration, or production of
fossil fuel energy resources in the Union of Soviet Socialist
Republics,'', and redesignated clause (iii) as clause (ii).
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(A) \67\ in the case of a loan or financial
guarantee--
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\67\ Sec. 619(c) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1260) amended and restated
subpara. (A).
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(i) a brief description of the purposes of
the transaction;
(ii) the identity of the party or parties
requesting the loan or financial guarantee;
(iii) the nature of the goods or services to
be exported and the use for which the goods or
services are to be exported; and
(iv) in the case of a general guarantee or
insurance facility--
(I) a description of the nature and
purpose of the facility;
(II) the total amount of guarantees
or insurance; and
(III) the reasons for the facility
and its methods of operation; and
(B) a full explanation of the reasons for Bank
financing of the transaction, the amount of the loan to
be provided by the Bank, the approximate rate and
repayment terms at which such loan will be made
available and the approximate amount of the financial
guarantee.
If the Bank submits a statement to the Congress under this
paragraph and either House of Congress is in an adjournment for
a period which continues for at least ten days after the date
of submission of the statement, then any such loan or guarantee
or combination thereof may, subject to the second sentence of
this paragraph, be finally approved by the Board of Directors
upon the termination of the twenty-five-day period referred to
in the first sentence of this paragraph or upon the termination
of a thirty-five-calendar-day period (which commences upon the
date of submission of the statement), whichever occurs
sooner.\68\
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\68\ Sec. 1902 of Public Law 95-630 (92 Stat. 3724) added this
sentence.
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(4) \62\, \69\ (A) If the Secretary of State
determines that--
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\69\ Para. (4) is popularly referred to as the Glenn amendment.
Sec. 3(b) of Public Law 95-143 (91 Stat. 1210) added para. (4) and
redesignated paras. (4) through (6) as paras. (5) through (7),
respectively.
Subsequently, sec. 620(a) of the Export-Import Bank Act Amendments
of 1983 (title VI of Public Law 98-181; 97 Stat. 1261), sec. 825 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 108 Stat. 514), and sec. 1303(a) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2702) amended and restated para. (4).
Sec. 1303(b) of the National Defense Authorization Act for Fiscal
Year 1997 (110 Stat. 2704) further provided the following:
``(b) Recommendations To Make Nonproliferation Laws More
Effective.--Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the Congress his
recommendations on ways to make the laws of the United States more
effective in controlling and preventing the proliferation of weapons of
mass destruction and missiles. The report shall identify all sources of
Government funds used for such nonproliferation activities.''.
In Presidential Determination No. 99-44 (September 30, 1999; 64
F.R. 54503) the President waived the application of sanctions and
prohibitions contained in sec. 2(b)(4) of this Act with regard to
Pakistan and India ``insofar as such sanctions and prohibitions would
otherwise apply to any credit, credit guarantee, or financial
assistance provided by the Department of Agriculture to support the
purchase of food or other agricultural commodity.''.
In Presidential Determination 2000-4 (October 27, 1999; 64 F.R.
60649), the President waived the application of sec. 2(b)(4) of the Act
``(1) with respect to India, insofar as such sanctions would otherwise
apply to the Export-Import Bank . . .; the making of any loan or the
providing of any credit to the Government of India by any U.S. bank; .
. . and any credit, credit guarantee, or other financial assistance
provided by the Department of Agriculture to support the purchase of
food or other agricultural commodity; and (2) with respect to Pakistan,
insofar as such sanctions would otherwise apply to any credit, credit
guarantee or other financial assistance provided by the Department of
Agriculture to support the purchase of food or other agricultural
commodity, and the making of any loan or providing of any credit to the
Government of Pakistan by any U.S. bank.''.
In Presidential Determination No. 2000-18 (March 16, 2000; 65 F.R.
16297), the President waived the sanctions contained in sec. 2(b)(4) of
the Act ``with respect to India, insofar as the sanctions would
otherwise apply to assistance for the South Asian Regional Initiative/
Energy; the Presidential Initiative on Internet for Economic
Development; the Financial Institution Reform and Expansion Program;
and the United States Educational Foundation in India Environmental
Exchange . . .''.
In Presidential Determination No. 2001-28 (September 22, 2001; 66
F.R. 50095), the President waived, to the extent not already waived,
the sanctions contained in sec. 2(b)(4) of the Act for India and
Pakistan.
In Presidential Determination No. 2003-33 (August 27, 2003; 68 F.R.
52679), the President, consistent with sec. 2(b)(4) of the Export-
Import Bank Act of 1945, determined that it was in the national
interest for the Export-Import Bank to guarantee, insure, or extend
credit, or participate in the extension of credit in support of United
States exports to Iraq.
In Presidential Determination No. 2004-44 (September 10, 2004; 69
F.R. 56153), the President, pursuant to sec. 2(b)(4) of the Export-
Import Bank Act of 1945, determined that it was in the national
interest for the Export-Import Bank to guarantee, insure, or extend
credit, or participate in the extension of credit in support of United
States exports to Libya.
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(i) any country that has agreed to International
Atomic Energy Agency nuclear safeguards materially
violates, abrogates, or terminates, after October 26,
1977, such safeguards;
(ii) any country that has entered into an agreement
for cooperation concerning the civil use of nuclear
energy with the United States materially violates,
abrogates, or terminates, after October 26, 1977, any
guarantee or other undertaking to the United States
made in such agreement;
(iii) any country that is not a nuclear-weapon state
detonates, after October 26, 1977, a nuclear explosive
device;
(iv) any country willfully aids or abets, after June
29, 1994, any non-nuclear-weapon state to acquire any
such nuclear explosive device or to acquire
unsafeguarded special nuclear material; or
(v) any person knowingly aids or abets, after the
date of enactment of the National Defense Authorization
Act for Fiscal Year 1997, any non-nuclear-weapon state
to acquire any such nuclear explosive device or to
acquire unsafeguarded special nuclear material,
then the Secretary of State shall submit a report to the
appropriate committees of the Congress and to the Board of
Directors of the Bank stating such determination and
identifying each country or person the Secretary determines has
so acted.
(B)(i) If the Secretary of State makes a determination
under subparagraph (A)(v) with respect to a foreign person, the
Congress urges the Secretary to initiate consultations
immediately with the government with primary jurisdiction over
that person with respect to the imposition of the prohibition
contained in subparagraph (C).
(ii) In order that consultations with that government may
be pursued, the Board of Directors of the Bank shall delay
imposition of the prohibition contained in subparagraph (C) for
up to 90 days if the Secretary of State requests the Board to
make such delay. Following these consultations, the prohibition
contained in subparagraph (C) shall apply immediately unless
the Secretary determines and certifies to the Congress that
that government has taken specific and effective actions,
including appropriate penalties, to terminate the involvement
of the foreign person in the activities described in
subparagraph (A)(v). The Board of Directors of the Bank shall
delay the imposition of the prohibition contained in
subparagraph (C) for up to an additional 90 days if the
Secretary requests the Board to make such additional delay and
if the Secretary determines and certifies to the Congress that
that government is in the process of taking the actions
described in the preceding sentence.
(iii) Not later than 90 days after making a determination
under subparagraph (A)(v), the Secretary of State shall submit
to the appropriate committees of the Congress a report on the
status of consultations with the appropriate government under
this subparagraph, and the basis for any determination under
clause (ii) that such government has taken specific corrective
actions.
(C) The Board of Directors of the Bank shall not give
approval to guarantee, insure, or extend credit, or participate
in the extension of credit in support of United States exports
to any country, or to or by any person, identified in the
report described in subparagraph (A).
(D) The prohibition in subparagraph (C) shall not apply to
approvals to guarantee, insure, or extend credit, or
participate in the extension of credit in support of United
States exports to a country with respect to which a
determination is made under clause (i), (ii), (iii), or (iv) of
subparagraph (A) regarding any specific event described in such
clause if the President determines and certifies in writing to
the Congress not less than 45 days prior to the date of the
first approval following the determination that it is in the
national interest for the Bank to give such approvals.
(E) The prohibition in subparagraph (C) shall not apply to
approvals to guarantee, insure, or extend credit, or
participate in the extension of credit in support of United
States exports to or by a person with respect to whom a
determination is made under clause (v) of subparagraph (A)
regarding any specific event described in such clause if--
(i) the Secretary of State determines and certifies
to the Congress that the appropriate government has
taken the corrective actions described in subparagraph
(B)(ii); or
(ii) the President determines and certifies in
writing to the Congress not less than 45 days prior to
the date of the first approval following the
determination that--
(I) reliable information indicates that--
(aa) such person has ceased to aid or
abet any non-nuclear-weapon state to
acquire any nuclear explosive device or
to acquire unsafeguarded special
nuclear material; and
(bb) steps have been taken to ensure
that the activities described in item
(aa) will not resume; or
(II) the prohibition would have a serious
adverse effect on vital United States
interests.
(F) For purposes of this paragraph:
(i) The term ``country'' has the meaning given to
``foreign state'' in section 1603(a) of title 28,
United States Code.
(ii) The term ``knowingly'' is used within the
meaning of the term ``knowing'' in section 104(h)(3) of
the Foreign Corrupt Practices Act (15 U.S.C. 78dd-
2(h)(3)).
(iii) The term ``person'' means a natural person as
well as a corporation, business association,
partnership, society, trust, any other nongovernmental
entity, organization, or group, and any governmental
entity operating as a business enterprise, and any
successor of any such entity.
(iv) The term ``nuclear-weapon state'' has the
meaning given the term in Article IX(3) of the Treaty
on the Non-Proliferation of Nuclear Weapons, signed at
Washington, London, and Moscow on July 1, 1968.
(v) The term ``non-nuclear-weapon state'' has the
meaning given the term in section 830(5) of the Nuclear
Proliferation Prevention Act of 1994 (Public Law 103-
236; 108 Stat. 521).
(vi) The term ``nuclear explosive device'' has the
meaning given the term in section 830(4) of the Nuclear
Proliferation Prevention Act of 1994 (Public Law 103-
236; 108 Stat. 521).
(vii) The term ``unsafeguarded special nuclear
material'' has the meaning given the term in section
830(8) of the Nuclear Proliferation Prevention Act of
1994.
(5) \62\, \69\, \70\ The Bank shall
not guarantee, insure, or extend credit, or participate in the
extension of credit in connection with (A) the purchase of any
product, technical data, or other information by a national or
agency of any nation which engages in armed conflict declared
or otherwise, with the Armed Forces of the United States, (B)
the purchase by any nation (or national or agency thereof) of
any product, technical data, or other information which is to
be used principally by or in any such nation described in
clause (A). The Bank shall not guarantee, insure, or extend
credit, or participate in the extension of credit in connection
with the purchase of any product, technical data, or other
information by a national or agency of any nation if the
President determines that any such transaction would be
contrary to the national interest, or (C) the purchase of any
liquid metal fast breeder nuclear reactor or any nuclear fuel
reprocessing facility.\71\
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\70\ Public Law 90-267 (82 Stat. 48) added para. (5), initially as
para. (3). Subsequently, Public Law 92-126 (85 Stat. 346) amended and
restated para. (5), which at the time was designated as para. (3).
\71\ Sec. 3(c) of Public Law 95-143 (91 Stat. 1211) added clause
(C).
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(6) \62\, \69\ (A) \72\ The Bank shall not
guarantee, insure, or extend credit, or participate in an
extension of credit in connection with any credit sale of
defense articles and defense services to any country.\73\
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\72\ Sec. 4703 of the Anti-Drug Abuse Act of 1988 (Public Law 100-
690; 102 Stat. 4181) amended para. (6) by inserting subpara.
designation ``(A)''; by substituting ``subparagraph'' in lieu of
``paragraph''; and by adding new subpara. (B).
Effective July 11, 1994, the Secretary of State determined,
pursuant to sec. 2(b)(6), that: ``(1) the U.S. content of five early
warning aircraft systems, for which the Government of Brazil has
requested Export-Import Bank financial guarantees, will be used
primarily for counternarcotics purposes and (2) the sale of such
defense articles and services is in the national interest of the United
States.'' (Department of State Public Notice 2054; 59 F.R. 44450).
Effective September 24, 1997, the Acting Secretary of State
determined that: ``(1) The defense articles and services for which the
Government of The Bahamas has requested Export-Import Bank financial
guarantees, two (2) 60 meter patrol craft, are being sold primarily for
anti-narcotics purposes; (2) The sale of such defense articles and
services would be in the national interest of the United States; (3)
The requirement for a determination that the Commonwealth of The
Bahamas has complied with all restrictions imposed by the United States
on the end use of defense articles or services . . . is inapplicable;
(4) The requirement for a determination that the Commonwealth of The
Bahamas has not used defense articles or services for which the Export-
Import Bank has provided guarantees . . . to engage in a consistent
pattern of gross violations of international recognized human rights is
inapplicable . . .'' (State Department Public Notice 2613; 62 F.R.
52603).
Effective June 26, 1998, the Secretary of State determined that:
``(1) the defense articles and services for which the Government of
Venezuela has requested Export-Import Bank financial guarantees, parts
and services for the refurbishment to seventeen (17) OV-10 aircraft,
are being sold primarily for anti-narcotics purposes; (2) the sale of
such defense articles and services would be in the national interest of
the United States; (3) the requirement for a determination that the
Government of Venezuela has complied with all restrictions imposed by
the United States on the end-use of defense articles or services for
which the Export-Import Bank has provided guarantees or insurance under
section 2(b)6 of the Export-Import Bank Act is inapplicable because the
pending financing will be the first Ex-Im Bank transaction with
Venezuela made under section 2(b)(6) of the Act; (4) The requirement
for a determination that the Government of Venezuela has not used
defense articles or services for which the Export-Import Bank has
provided guarantees or insurance under section (2)(b)(6) of the Export-
Import Bank Act to engage in a consistent pattern of gross violations
of internationally recognized human rights is inapplicable because of
the pending transactions will be the first Ex-Im Bank transaction with
Venezuela made under section 2(b)(6) of the Act . . .'' (State
Department Public Notice No. 2843, 63 F.R. 34952).
Effective July 11, 2000, the Secretary of State determined that:
``(1) The defense articles and services for which the Government of
Colombia has requested Export-Import Bank (Ex-Im) financial guarantees,
fourteen UH-60 (Blackhawk) helicopters, are to be used primarily for
anti-narcotics purposes; (2) the sale of such defense articles and
services would be in the national interest of the United States; (3)
The Government of Colombia has complied with all U.S.-imposed end-use
restrictions on the use of defense articles and services previously
financed under the Act; and (4) The Government of Columbia has not used
defense articles or services previously provided under the Act to
engage in a consistent pattern of gross violations of internationally
recognized human rights . . .'' (State Department Public Notice No.
3361; 65 F.R. 42743).
\73\ Sec. 112(d) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2195) inserted a period and struck out the rest of
the subpara., which read as follows:
``* * * designated under section 4916 of the Internal Revenue Code
of 1986 as an economically less developed country for purposes of the
tax imposed by section 4911 of that Code. The prohibitions set forth in
this subparagraph shall not apply with respect to any transaction the
consummation of which the President determines would be in the national
interest and reports such determination (within thirty days after
making the same) to the Senate and House of Representatives. In making
any such determination the President shall take into account, among
other considerations, the national interest in avoiding arm races among
countries not directly menaced by the Soviet Union or by Communist
China; in avoiding arming military dictators who are denying social
progress to their own peoples; and in avoiding expenditures by
developing countries of scarce foreign exchange needed for peaceful
economic progress.''.
Subsequently, sec. 12(c)(1)(A) of the International Narcotics
Control Act of 1992 (Public Law 102-583; 106 Stat. 4935) struck out
from ``designated'' through the end of the subparagraph, and inserted
in lieu thereof ``, except as otherwise provided in subparagraph
(B).''. This amendment, however, could not be executed because the
words did not appear subsequent to the amendment by sec. 112(d) of
Public Law 102-429, noted above.
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(B) \72\ Subparagraph (A) \74\ shall not apply to any sale
of defense articles or services if--
---------------------------------------------------------------------------
\74\ Sec. 112(d)(2) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2195) struck out ``, and section 32 of the Arms
Export Control Act,'' and repealed sec. 32 of the Arms Export Control
Act. Sec. 12(c) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4935) made the same amendments.
---------------------------------------------------------------------------
(i) the Bank is requested to provide a guarantee or
insurance for the sale;
(ii) the President determines that the defense
articles or services are being sold primarily for anti-
narcotics purposes;
(iii) section 490(e) \75\ of the Foreign Assistance
Act of 1961 does not apply with respect to the
purchasing country; and
---------------------------------------------------------------------------
\75\ Formerly read ``section 481(h)(5)''. Sec. 6(a) of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4932) provided that ``any reference in any provision of law
enacted before the date of enactment of this Act to section 481(h) of
that Act shall be deemed, as of October 1, 1992, to be a reference to
section 490.''. Sec. 6(c)(1) of that Act struck out ``481(h)(5)'' and
inserted in lieu thereof ``490(e)''.
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(iv) the President determines, in accordance with
subparagraph (C), that the sale is in the national
interest of the United States; and \76\
---------------------------------------------------------------------------
\76\ Sec. 112(a) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2194) inserted ``and'' at the end of clause (iv);
struck out ``; and'' at the end of clause (v) and inserted in lieu
thereof ``.''; and struck out clause (vi). Clause (vi) had required
that ``the sale is made on or before September 30, 1992''. Previously,
sec. 562(d) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2031)
extended these authorities to September 30, 1992. Sec. 12(a) of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4935) would have extended these authorities to September 30,
1997. Such amendment, however, was superseded by the amendment in
Public Law 102-429.
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(v) the Bank determines that, notwithstanding the
provision of a guarantee or insurance for the sale, not
more than 5 percent of the guarantee and insurance
authority available to the Bank in any fiscal year will
be used by the Bank to support the sale of defense
articles or services.\77\
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\77\ Sec. 112(d)(2)(B) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2195) struck out ``and services'' and
inserted in lieu thereof ``or services''. Sec. 12(c)(1)(B)(ii) of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4935) made the same amendment.
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(C) In determining whether a sale of defense articles or
services would be in the national interest of the United
States, the President shall take into account whether the sale
would--
(i) be consistent with the anti-narcotics policy of
the United States;
(ii) involve the end use of a defense article or
service in a major illicit drug producing or major
drug-transit country (as defined in section 481(e) \78\
of the Foreign Assistance Act of 1961); and
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\78\ Sec. 102(a) of the International Narcotics Control Corrections
Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
``determined under section 490(h) or 481(e), as appropriate,'' and
inserted in lieu thereof ``defined in section 481(e)''. Previously,
sec. 6(c)(2) of the International Narcotics Control Act of 1992 (Public
Law 102-583; 106 Stat. 4932) struck out ``defined in section 481(i)''
and inserted in lieu thereof ``determined under section 490(h) or
481(e), as appropriate,''.
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(iii) be made to a country with a democratic form of
government.
(D)(i) The Board shall not give approval to guarantee or
insure a sale of defense articles or services unless--
(I) the President determines, in accordance with
subparagraph (C), that it is in the national interest
of the United States for the Bank to provide such
guarantee or insurance; \79\
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\79\ Sec. 112(b) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2194) struck out ``and'' at the end of subclause
(I); redesignated subclause (II) as (III); and added a new subclause
(II).
Sec. 12(b) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4935) made the same amendments.
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(II) \79\ the President determines, after
consultation with the Assistant Secretary of State for
Human Rights and Humanitarian Affairs, that the
purchasing country has complied with all restrictions
imposed by the United States on the end use of any
defense articles or services for which a guarantee or
insurance was provided under subparagraph (B), and has
not used any such defense articles or services to
engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(III) \79\ such determinations have \80\ been
reported to the Speaker and the Committee on Financial
Services \81\ of the House of Representatives, and to
the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate,
not less than 25 days of continuous session of the
Congress before the date of such approval.
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\80\ Sec. 112(d)(3) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2195) struck out ``determination has'' and
inserted in lieu thereof ``determinations have''. Sec. 12(c)(1)(C) of
the International Narcotics Control Act of 1992 (Public Law 102-583;
106 Stat. 4935) made the same amendment.
\81\ Sec. 24(a)(2) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 708) struck out ``Banking, Finance
and Urban Affairs'' and inserted in lieu thereof ``Financial
Services''. Previously, sec. 1(a)(2) of Public Law 104-14 (109 Stat.
186) provided that references to the Committee on Banking, Finance and
Urban Affairs of the House of Representatives shall be treated as
referring to the Committee on Banking and Financial Services of the
House of Representatives.
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(ii) For purposes of clause (i), continuity of a session of
the Congress shall be considered as broken only by an
adjournment of the Congress sine die, and the days on which
either House is not in session because of an adjournment of
more than 3 days to a day certain shall be excluded in the
computation of the 25-day period referred to in such
clause.\82\
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\82\ Sec. 112(d)(4) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2195) struck out ``sentence'' and inserted in
lieu thereof ``clause''. Sec. 12(c)(1)(D) of the International
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4935) made
the same amendment.
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(E) The provision of a guarantee or insurance under
subparagraph (B) shall be deemed to be the provision of
security assistance for purposes of section 502B of the Foreign
Assistance Act of 1961 (relating to governments which engage in
a consistent pattern of gross violations of internationally
\83\ recognized human rights).
---------------------------------------------------------------------------
\83\ Sec. 24(b)(3) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 709) struck out ``international''
and inserted in lieu thereof ``internationally''.
---------------------------------------------------------------------------
(F) To the extent that defense articles or services for
which a guarantee or insurance is provided under subparagraph
(B) are used for a purpose other than anti-narcotics purposes,
they may be used only for those purposes for which defense
articles and defense services sold under the Arms Export
Control Act (relating to the foreign military sales program)
may be used under section 4 of such Act.
(G) As used in subparagraphs (B), (C), (D), and (F),\84\
the term ``defense articles or services'' \85\ means articles,
services, and related technical data that are designated as
defense articles and defense services pursuant to sections 38
and 47(7) of the Arms Export Control Act and listed on the
United States Munitions List (part 121 of title 22 of the Code
of Federal Regulations).
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\84\ Sec. 101(d) of the International Development and Finance Act
of 1989 (Public Law 101-240; 103 Stat. 2495) struck out ``this
paragraph'' and inserted in lieu thereof ``subparagraphs (B), (C), (D),
and (F)''.
\85\ Sec. 112(d)(5) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2195) struck out ``and services'' and inserted
in lieu thereof ``or services''.
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(H) \86\ Once in each calendar quarter, the Bank shall
submit a report to the Committee on Banking, Housing, and Urban
Affairs of the Senate, and the Committee on Financial Services
\80\ of the House of Representatives on all instances in which
the Bank, during the reporting quarter, guaranteed, insured, or
extended credit or participated in an extension of credit in
connection with any credit sale of an article, service, or
related technical data described in subparagraph (G) that the
Bank determined would not be put to a military use or described
in subparagraph (I)(i).\87\ Such report shall include a
description of each of the transactions and the justification
for the Bank's actions.
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\86\ Sec. 112(c) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2195) added subpara. (H).
\87\ Sec. 1(b) of Public Law 103-428 (108 Stat. 4375) inserted ``or
described in subparagraph (I)(i)''. Sec. 1(c) of that Act, however,
stipulated that ``The amendments made by this section shall remain in
effect during the period beginning on the date of enactment of this Act
[October 31, 1994] and ending on September 30, 2001.'' [12 U.S.C. 635
note]. Sec. 4 of Public Law 105-121 amended sec. 1(c) of Public Law
103-428 by striking ``1997'' and inserting ``2001''. Subsequently, sec.
5 of Public Law 107-240 (116 Stat. 1494) extended the date to January
11, 2003; Division E, Title I of Public Law 108-7 (117 Stat. 159)
extended the date to September 30, 2003; Division D, Title I of Public
Law 108-199 (118 Stat. 143) extended the date to October 1, 2004;
Division D, Title I of Public Law 108-447 (118 Stat. 2968) extended the
date to October 1, 2005; and Title I of Public Law 109-102 (119 Stat.
2172) extended the date to October 1, 2006.
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(I) \88\ (i) Subparagraph (A) shall not apply to a
transaction involving defense articles or services if--
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\88\ Sec. 1(a) of Public Law 103-428 (108 Stat. 4375) added
subpara. (I). Sec. 1(c) of that Act, however, stipulated that ``The
amendments made by this section shall remain in effect during the
period beginning on the date of enactment of this Act [October 31,
1994] and ending on September 30, 1997.'' [12 U.S.C. 635 note]. Sec. 4
of Public Law 105-121 amended sec. 1(c) of Public Law 103-428 by
striking ``1997'' and inserting ``2001''. Subsequently, sec. 5 of
Public Law 107-240 (116 Stat. 1494) extended the date to January 11,
2003; Division E, Title I of Public Law 108-7 (117 Stat. 159) extended
the date to September 30, 2003; Division D, Title I of Public Law 108-
199 (118 Stat. 143) extended the date to October 1, 2004; Division D,
Title I of Public Law 108-447 (118 Stat. 2968) extended the date to
October 1, 2005; and Title I of Public Law 109-102 (119 Stat. 2172)
extended the date to October 1, 2006.
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(I) the Bank determines that--
(aa) the defense articles or services are
nonlethal; and
(bb) the primary end use of the defense
articles or services will be for civilian
purposes; and
(II) at least 15 calendar days before the date on
which the Board of Directors of the Bank gives final
approval to Bank participation in the transaction, the
Bank provides notice of the transaction to the
Committees on Financial Services \89\ and on
Appropriations of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and
on Appropriations of the Senate.
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\89\ Sec. 24(a)(2) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 708) struck out ``Banking, Finance
and Urban Affairs'' and inserted in lieu thereof ``Financial
Services''.
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(ii) Not more than 10 percent of the loan, guarantee, and
insurance authority available to the Bank for a fiscal year may
be used by the Bank to support the sale of defense articles or
services to which subparagraph (A) does not apply by reason of
clause (i) of this subparagraph.
(iii) Not later than September 1 of each fiscal year, the
Comptroller General of the United States, in consultation with
the Bank, shall submit to the Committees on Financial Services
\88\ and on Appropriations of the House of Representatives and
the Committees on Banking, Housing, and Urban Affairs and on
Appropriations of the Senate a report on the end uses of any
defense articles or services described in clause (i) with
respect to which the Bank provided support during the second
preceding fiscal year.
(7) \62\, \69\ In no event shall the Bank have
outstanding at any time in excess of 7\1/2\ per centum of the
limitation imposed by section 7 of this Act for such
guarantees, insurance, credits or participation in credits with
respect to exports of defense articles and services to
countries which, in the judgment of the Board of Directors of
the Bank, are less developed.
(8) \90\ The Bank shall supplement but not compete with
private capital and the programs of the Commodity Credit
Corporation to ensure that adequate financing will be made
available to assist the export of agricultural commodities,
except that, consistent with section 2(b)(1)(A) of this Act,
the Bank in assisting any such export transactions shall, in
cooperation with the export financing instrumentalities of
other governments, seek to minimize competition in Government-
supported export financing, and shall, in cooperation with
other appropriate United States Government agencies, seek to
reach international agreements to reduce Government subsidized
export financing. In order to carry out the purposes of this
subsection, the Bank shall consult with the Secretary of
Agriculture and where the Secretary of Agriculture has
recommended against Bank financing of the export of a
particular agricultural commodity, shall take such
recommendation into consideration in determining whether to
provide credit or other assistance for any export sale of such
commodity, and shall consider the importance of agricultural
commodity exports to the United States export market and the
Nation's balance of trade in deciding whether or not to provide
assistance under this subsection. The Bank shall include in the
report to Congress under section 9(a) of this Act a description
of the measures undertaken by it pursuant to this subsection.
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\90\ Sec. 1909 of Public Law 95-630 (92 Stat. 3725) added para. (8)
which was originally designated as para. (7). Subsequently, sec.
619(d)(2) of the Export-Import Bank Act Amendments of 1983 (title VI of
Public Law 98-181; 97 Stat. 1261) redesignated para. (7) as para. (8).
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(9) \91\ (A) The Board of Directors of the Bank shall, in
consultation with the Secretary of Commerce and the Trade
Promotion Coordinating Committee,\92\ take prompt measures,
consistent with the credit standards otherwise required by law,
to promote the expansion of the Bank's financial commitments in
sub-Saharan Africa under the loan, guarantee, and insurance
programs of the Bank.
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\91\ Sec. 4(b)(5) of the South African Democratic Transition
Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed para.
(9), which was popularly referred to as the Evans amendment. The
paragraph had prohibited the Bank, in most cases, from guaranteeing,
insuring, or extending credit or participating in the extension of
credit in support of any export which would contribute to enabling the
Government of the Republic of South Africa to maintain or enforce
apartheid. Originally, sec. 1915 of Public Law 95-630 (92 Stat. 3727)
had added this para. as para. (8).
\92\ Sec. 6(b) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 700) inserted ``, in consultation
with the Secretary of Commerce and the Trade Promotion Coordinating
Committee,''.
Sec. 7 of Public Law 105-121 (111 Stat. 2529) inserted a new sec.
2(b)(9) establishing an advisory committee for sub-Saharan Africa.
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(B)(i) \93\ The Board of Directors of the Bank shall
establish and use an advisory committee to advise the Board of
Directors on the development and implementation of policies and
programs designed to support the expansion described in
subparagraph (A).
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\93\ Sec. 7(b) of Public Law 105-121 (111 Stat. 2529), as amended
by sec. 6(c) of Public Law 107-189 (116 Stat. 700), provided the
following:
``(b) Reports to Congress.--Within 6 months after the date of
enactment of this Act, and annually for each of the 8 years thereafter,
the Board of Directors of the Export-Import Bank of the United States
shall submit to Congress a report on the steps that the Board has taken
to implement section 2(b)(9)(B) of the Export-Import Bank Act of 1945
and any recommendations of the advisory committee established pursuant
to such section.''.
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(ii) The advisory committee shall make recommendations to
the Board of Directors on the development and implementation of
policies and programs designed to support the expansion
described in subparagraph (A).
(iii) \94\ The advisory committee shall terminate on
September 30, 2006.
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\94\ Sec. 6(a) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 700) amended and restated clause
(iii). It previously read as follows:
``(iii) The advisory committee shall terminate 4 years after the
date of enactment of this subparagraph.''.
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(10) \95\ (A) The Bank shall not, without a specific
authorization by law, guarantee, insure, or extend credit (or
participate in the extension of credit) to--
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\95\ Sec. 619(d)(3) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1261) added para. (10).
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(i) assist specific countries with balance of
payments financing; or
(ii) assist (as the primary purpose of any such
guarantee, insurance, or credit) any country in the
management of its international indebtedness, other
than its outstanding obligations to the Bank.
(B) Nothing contained in subparagraph (A) shall preclude
guarantees, insurance, or credit the primary purpose of which
is to support United States exports.
(11) \96\ Prohibition relating to angola.--The \97\ Bank
may not guarantee, insure, or extend (or participate in the
extension of) credit in connection with any export of any good
(other than food or an agricultural commodity) or service to
the People's Republic of Angola until the President certifies
to the Congress that free and fair elections have been held in
Angola in which all participants were afforded free and fair
access, and that the government of Angola--
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\96\ Sec. 102 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2495) added this paragraph as
``(12)''. Sec. 111(1) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2194) struck out former para. (11), and redesignated
it as ``(11)''. Former para. (11), which had been added by sec. 9 of
Public Law 99-472 (100 Stat. 1203), read as follows:
``(11) Prohibition relating to angola.--Notwithstanding any
determination by the President under paragraph (2), the Bank may not
guarantee, insure, or extend credit (or participate in the extension of
credit) in connection with any export of goods or service, except food
or agricultural commodities, to the People's Republic of Angola until
the President certifies to the Congress that no combatant forces or
military advisors of the Republic of Cuba or of any other Marxist-
Leninist country (as such term is defined in paragraph (2)(B)) remain
in Angola.''.
\97\ Sec. 111(2) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2194) struck out ``Notwithstanding any determination
by the President under paragraph (2) or (11), the'', and inserted in
lieu thereof ``The''.
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(A) is willing, and is actively seeking, to achieve
an equitable political settlement of the conflict in
Angola, including free and fair elections, through a
mutual cease-fire and a dialogue with the opposition
armed forces;
(B) has demonstrated progress in protecting
internationally recognized human rights, and
particularly in--
(i) ending, through prosecution or other
means, involvement of members of the military
and security forces in political violence and
abuses of internationally recognized human
rights;
(ii) vigorously prosecuting persons engaged
in political violence who are connected with
the government; and
(iii) bringing to justice those responsible
for the abduction, torture, and murder of
citizens of Angola and citizens of the United
States; and
(C) has demonstrated progress in its respect for, and
protection of--
(i) the freedom of the press;
(ii) the freedom of speech;
(iii) the freedom of assembly;
(iv) the freedom of association (including
the right to organize for political purposes);
(v) internationally recognized worker rights;
and
(vi) other attributes of political pluralism
and democracy.
The President shall include in each report made pursuant to
this paragraph a detailed statement with respect to each of the
conditions set forth in this paragraph. This paragraph shall
not be construed to impose any requirement with respect to
Angola that is more restrictive than any requirement imposed by
this section generally on all other countries.
(12) \98\ Prohibition relating to russian transfers of
certain missile systems.--If the President of the United States
determines that the military of Government of the Russian
Federation has transferred or delivered to the People's
Republic of China an SS-N-22 missile system and that the
transfer or delivery represents a significant and imminent
threat to the security of the United States, the President of
the United States shall notify the Bank of the transfer or
delivery as soon as practicable. Upon receipt of the notice and
if so directed by the President of the United States, the Board
of Directors of the Bank shall not give the approval or
guarantee, insure, extend, credit, or participate in the
extension of credit in connection with the purchase of any good
or service by the military or Government of the Russian
Federation.
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\98\ Sec. 12 of the Export-Import Bank Reauthorization Act of 1997
(Public Law 105-121; 111 Stat. 2530) added para. (12). Subsequently,
sec. 24(b)(2) of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 709) made a technical correction to
para. (12).
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(c)(1) \99\ The Bank shall charge fees and premiums
commensurate, in the judgment of the Bank, with risks covered
in connection with the contractual liability that the Bank
incurs for guarantees, insurance, coinsurance, and reinsurance
against political and credit risks of loss.
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\99\ Sec. 109(a) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2193) amended and restated para. (1). Previously,
sec. 6 of Public Law 93-646 (88 Stat. 2335) amended and restated para.
(1).
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(2) The Bank may issue such guarantees, insurance,
coinsurance, and reinsurance to or with exporters, insurance
companies, financial institutions, or others, or groups
thereof, and where appropriate may employ any of the same to
act as its agent in the issuance and servicing of such
guarantees, insurance, coinsurance, and reinsurance, and the
adjustment of claims arising thereunder.
(3) \100\ Transferability of guarantees.--
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\100\ Sec. 10 of Public Law 99-472 (100 Stat. 1203) added para.
(3).
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(A) \101\ In general.--With respect to medium-term
and long-term obligation insured or guaranteed by the
Bank after the date of the enactment of the Export-
Import Bank Act Amendments of 1986, the Bank shall
authorize the unrestricted transfer of such obligations
by the originating lenders or their transferees to
other lenders without affecting, limiting, or
terminating the guarantee or insurance provided by the
Bank.
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\101\ Sec. 105 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2189) inserted the subpara. designation ``(A)'' and
added subpara. (B).
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(B) \101\ Guarantee coverage.--For the guarantee
program provided for in this subsection, the Bank may
provide up to 100 percent coverage of the interest and
principal if the Board of Directors determines such
coverage to be necessary to ensure acceptance of Bank
guarantees by financial institutions for any
transaction in any export market in which the Bank is
open for business.
(d) \102\ (1) In carrying out its responsibilities under
this Act, the Bank shall work to ensure that United States
companies are afforded an equal and nondiscriminatory
opportunity to bid for insurance in connection with
transactions assisted by the Bank.
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\102\ Sec. 617 of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1257) added subsec. (d).
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(2) \103\ Competitive opportunity for insurance
companies.--In the case of any long-term loan or guarantee of
not less than $10,000,000, the Bank shall seek to ensure that
United States insurance companies are accorded a fair and open
competitive opportunity to provide insurance against risk of
loss in connection with any transaction with respect to which
such loan or guarantee is provided.
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\103\ Sec. 107 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2190) struck out paras. (2) and (3) and inserted new
paras. (2) through (5). Paras. (2) and (3) formerly read as follows:
``(2) In furtherance of such effort, the Chairman of the Bank shall
review Bank policies and programs in regard to this issue, and in
coordination with the United States Trade Representative and the
appropriate agencies of the Department of State, the Department of the
Treasury, and the Department of Commerce, undertake actions designed to
promote equal and nondiscriminatory opportunities to bid for insurance
in connection with all aspects of international trade activities.
``(3) The Bank shall report to the Committee or Banking, Finance
and Urban Affairs of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate not later than May
15, 1984, regarding--
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``(A) the existing obstacles to equal and nondiscriminatory bidding for
insurance related to transactions assisted by the Bank;
``(B) the efforts that the Bank has taken in addressing such problems;
and
``(C) recommendations for such legislative or administrative actions as
the Bank considers necessary.''.
(3) \103\ Responsive actions.--If the Bank becomes aware
that a fair and open competitive opportunity is not accorded to
any United States insurance company in a foreign country with
respect to which the Bank is considering a loan or guarantee,
the Bank--
(A) may approve or deny the loan or guarantee after
considering whether such action would be likely to
achieve competitive access for United States insurance
companies; and
(B) shall forward information regarding any foreign
country that denies United States insurance companies a
fair and open competitive opportunity to the Secretary
of Commerce and to the United States Trade
Representative for consideration of a recommendation to
the President that access by such country to export
credit of the United States should be restricted.
(4) \103\ Notice of approval.--If the Bank approves a loan
or guarantee with respect to a foreign country notwithstanding
information regarding denial by that foreign country of
competitive opportunities for United States insurance
companies, the Bank shall include notice of such approval and
the reason for such approval in the report on competition in
officially supported export credit required under subsection
(b)(1)(A).
(5) \103\ Definitions.--For purposes of this section--
(A) the term ``United States insurance company''--
(i) includes an individual, partnership,
corporation, holding company, or other legal
entity which is authorized (or in the case of a
holding company, subsidiaries of which are
authorized) by a State to engage in the
business of issuing insurance contracts or
reinsuring the risk underwritten by insurance
companies; and
(ii) includes foreign operations, branches,
agencies, subsidiaries, affiliates, or joint
ventures of any entity described in clause (i);
and
(B) the term ``fair and open competitive
opportunity'' means, with respect to the provision of
insurance by a United States insurance company, that
the company--
(i) has received notice of the opportunity to
provide such insurance; and
(ii) has been evaluated for such opportunity
on a nondiscriminatory basis.
(e) \104\ Limitation on Assistance Which Adversely Affect
the United States.--
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\104\ Sec. 11 of Public Law 99-472 (100 Stat. 1203) added subsec.
(e).
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(1) In general.--The Bank may not extend any direct
credit of financial guarantee for establishing or
expanding production of any commodity for export by any
country other than the United States, if--
(A) the Bank determines that--
(i) the commodity is likely to be in
surplus on world markets at the time
the resulting commodity will first be
sold; \105\ or
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\105\ Sec. 3304(a) of Public Law 100-418 (Omnibus Trade and
Competitiveness Act of 1988; 102 Stat. 1384) struck out ``productive
capacity is expected to become operative'' and inserted in lieu thereof
``commodity will first be sold''.
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(ii) the resulting production
capacity is expected to compete with
United States production of the same,
similar, or competing commodity; and
(B) the Bank determines that the extension of
such credit or guarantee will cause substantial
injury to United States producers of the same,
similar, or competing commodity.
(2) \106\ Outstanding orders and preliminary injury
determinations.--
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\106\ Sec. 18 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 706) redesignated paras. (2) and (3) as
paras. (3) and (4), and added a new para. (2). Sec. 18 further struck
out ``Paragraph (1)'' and inserted in lieu thereof ``Paragraphs (1) and
(2)'' in para. (3), as redesignated.
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(A) Orders.--The Bank shall not provide any
loan or guarantee to an entity for the
resulting production ofsubstantially the same
product that is the subject of--
(i) a countervailing duty or
antidumping order under title VII of
the Tariff Act of 1930; or
(ii) a determination under title II
of the Trade Act of 1974.
(B) Affirmative determination.--Within 60
days after the date of the enactment of this
paragraph, the Bank shall establish procedures
regarding loans or guarantees provided to any
entity that is subject to a preliminary
determination of a reasonable indication of
material injury to an industry under title VII
of the Tariff Act of 1930. The procedures shall
help to ensure that these loans and guarantees
are likely to not result in a significant
increase in imports of substantially the same
product covered by the preliminary
determination and are likely to not have a
significant adverse impact on the domestic
industry. The Bank shall report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on the
implementation of these procedures.
(C) Comment period.--The Bank shall establish
procedures under which the Bank shall notify
interested parties and provide a comment period
with regard to loans or guarantees reviewed
pursuant to subparagraph (B) or (D).
(D) Consideration of investigation under
title ii of the trade act of 1974.--In making
any determination under paragraph (1) for a
transaction involving more than $10,000,000,
the Bank shall consider investigations under
title II of the Trade Act of 1974 that have
been initiated at the request of the President
of the United States, the United States Trade
Representative, the Committee on Finance of the
Senate, or the Committee on Ways and Means of
the House of Representatives, or by the
International Trade Commission on its own
motion.
(3) \106\ Exception.--Paragraphs (1) and (2) \105\
shall not apply in any case where, in the judgment of
the Board of Directors of the Bank, the short- and
long-term benefits to industry and employment in the
United States are likely to outweigh the short- and
long-term \107\ injury to United States producers and
employment \107\ of the same, similar, or competing
commodity.
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\107\ Sec. 3304(b) of Public Law 100-418 (102 Stat. 1384) inserted
``short- and long-term'' and ``and employment''.
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(4) \108\ Definition.--For purposes of paragraph
(1)(B), the extension of any credit or guarantee by the
Bank will cause substantial injury if the amount of the
capacity for production established, or the amount of
the increase in such capacity expanded, by such credit
or guarantee equals or exceeds 1 percent of United
States production.
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\108\ Sec. 3304(c) of Public Law 100-418 (102 Stat. 1384) added
para. (4), originally designated as para. (3). Subsequently, sec. 18(2)
of the Export-Import Bank Reauthorization Act of 2002 (Public Law 107-
189; 116 Stat. 706) redesignated para. (3) as para. (4).
Title I of Public Law 108-447 (118 Stat. 2668) provided that ``That
not later than 30 days after the date of enactment of this Act, the
Export-Import Bank shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate,
containing an analysis of the economic impact on United States
producers of ethanol of the extension of credit and financial
guarantees for the development of an ethanol dehydration plant in
Trinidad and Tobago, including a determination of whether such
extension will cause substantial injury to such producers, as defined
in section 2(e)(4) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(e)(4)).''.
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(f) \109\ Authority to Deny Application for Assistance
Based on Fraud or Corruption by Party Involved in the
Transaction.--In addition to any other authority of the Bank,
the Bank may deny an application for assistance with respect to
a transaction if the Bank has substantial credible evidence
that any party to the transaction or any party involved in the
transaction has committed an act of fraud or corruption in
connection with the transaction.
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\109\ Sec. 16 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 706) added subsec. (f). Previously, sec.
121(a)(4) of the Export Enhancement Act of 1992 (Public Law 102-429;
106 Stat. 2198) had struck out subsec. (f), relating to interest
subsidy payments and limitations on authorization of appropriations.
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Sec. 3.\110\ (a) The Export-Import Bank of the United
States shall constitute an independent agency of the United
States and neither the Bank nor any of its functions, powers,
or duties shall be transferred to or consolidated with any
other department, agency, or corporation of the Government
unless the Congress shall otherwise by law provide.
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\110\ 12 U.S.C. 635a. Sec. 117 of Public Law 102-429 (111 Stat.
2187) provided that 2 years after enactment of that Act (October 21,
1991), sec. 3(a) would be repealed. Subsequently, several Acts have
extended this date, the most current being Public Law 109-102 (119
Stat. 2173) which stated that ``subsection (a) thereof shall remain in
effect until October 1, 2006.''.
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(b) There shall be a President of the Export-Import Bank of
the United States, who shall be appointed by the President of
the United States by and with the advice and consent of the
Senate, who shall receive a salary at the rate of $40,000 \111\
per annum, and who shall serve as chief executive officer of
the Bank. There shall be a First Vice President of the Bank,
who shall be appointed by the President of the United States by
and with the advice and consent of the Senate, who shall
receive a salary at the rate of $38,000 \112\ per annum, who
shall serve as President of the Bank during the absence or
disability of or in the event of a vacancy in the office of
President of the Bank, and who shall at other times perform
such functions as the President of the Bank may from time to
time prescribe.
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\111\ Pursuant to 5 U.S.C. 5314(41), the President of the Bank
receives a salary according to level III of Schedule 5--Executive
Schedule. Executive Order 13393 of December 22, 2005 (70 F.R. 76665),
raised the salary of level III to $152,000.
\112\ Pursuant to 5 U.S.C. 5315 (49) and (56), the First Vice
President of the Bank and Members, Board of Directors of the Bank
receive a salary according to level IV of Schedule 5--Executive
Schedule. Executive Order 13393 of December 22, 2005 (70 F.R. 76665),
raised the salary of level IV to $165,200.
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(c)(1) \113\ There shall be a Board of Directors of the
Bank consisting of the President of the Export-Import Bank of
the United States who shall serve as Chairman, the First Vice
President who shall serve as Vice Chairman, and three
additional persons appointed by the President of the United
States by and with the advice and consent of the Senate.
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\113\ Sec. 614(a) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1255) redesignated each
sentence in subsec. (c) as paras. (1) through (7) and inserted a new
para. (8).
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(2) \113\ Of the five members of the Board, not more than
three shall be members of any one political party.
(3) \113\ Each director, other than the President of the
Export-Import Bank and the Vice President of the Export-Import
Bank, shall receive a salary at the rate of $38,000 per annum.
(4) \113\ Before entering upon his duties, each of the
directors shall take an oath faithfully to discharge the duties
of his office.
(5) \113\, \114\ The directors, in addition to
their duties as members of the Board, shall perform such
additional duties and may hold such other offices in the
administration of the Bank as the President of the Bank may
from time to time prescribe.
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\114\ Sec. 614(a)(2) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1256) struck out the
first phrase in this sentence which previously read as follows: ``Terms
of the directors shall be at the pleasure of the President of the
United States, and''.
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(6) \113\, \115\ A quorum of the Board of
Directors shall consist of at least three members.
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\115\ Sec. 1 of Public Law 106-46 (113 Stat. 227) amended and
restated sec. 3(c)(6). It previously read as follows: ``A majority of
the Board of Directors shall constitute a quorum.''.
Public Law 106-46 further provided:
``(b) Exception.--Notwithstanding section 3(c)(6) of the Export-
Import Bank Act of 1945, if, during the period that begins on July 21,
1999 and ends on December 2, 1999, there are fewer than three persons
holding office on the Board of Directors of the Export-Import Bank of
the United States, the entire membership of such Board of Directors
shall constitute a quorum until the end of such period.''.
Sec. 122 of Public Law 106-62 (113 Stat. 509) amended Public Law
106-46 (12 U.S.C. 635a note) by deleting ``October 1, 1999'' and
inserting ``November 1, 1999''. Public Law 106-46 was further amended
by Public Law 106-85 (113 Stat. 1297) by striking ``November 1, 1999''
and inserting ``November 5, 1999''; by Public Law 106-88 (113 Stat.
1304) by striking ``November 5, 1999'' and inserting ``November 10,
1999''; by Public Law 106-94 (113 Stat. 1311) by striking ``November
10, 1999'' and inserting ``November 17, 1999''; by Public Law 106-105
(113 Stat. 1484) by striking ``November 17, 1999'' and inserting
``November 18, 1999''; and by Public Law 106-106 (113 Stat. 1485) by
striking ``November 18, 1999'' and inserting ``December 2, 1999''.
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(7) \113\ The Board of Directors shall adopt, and may from
time to time amend, such bylaws as are necessary for the proper
management and functioning of the Bank, and shall, in such
bylaws, designate the vice presidents and other officers of the
Bank and prescribe their duties.
(8) \113\ (A) The terms of the directors, including the
President and the First Vice President of the Bank, appointed
under this section shall be four years, except that--
(i) during their terms of office, the directors shall
serve at the pleasure of the President of the United
States;
(ii) the term of any director appointed after the
date of enactment of this paragraph to serve before
January 20, 1985, shall expire on January 20, 1985;
(iii) of the directors first appointed to serve
beginning on or after January 21, 1985, two directors
(other than the President and First Vice President of
the Bank) shall be appointed for terms of two years, as
designated by the President of the United States at the
time of their appointment; and
(iv) any director first appointed to serve for a term
beginning on any date after January 21, 1985, shall
serve only for the remainder of the period for which
such director would have been appointed if such
director's term had begun on January 21, 1985. If such
term would have expired before the date on which such
director's term actually begins, the term of such
director shall be the four-year period, or remainder
thereof, as if such director had been preceded by a
director whose term had begun on January 21, 1985.
(B) \116\ Of the five members of the Board appointed by the
President, not less than one such member shall be selected from
among the small business community and shall represent the
interests of small business.
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\116\ Sec. 614(b) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1256) provided:
``(b) In order to carry out the amendment made by subsection (a)
regarding section 3(c)(8)(B) of the Export-Import Bank Act of 1945, the
first member, other than a member who will serve as Chairman or Vice
Chairman of the Bank, appointed by the President of the United States
to the Board of Directors of the Export-Import Bank of the United
States after the date of the enactment of this section shall be
selected from among the small business community and shall represent
the interests of small business.''.
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(C) Any person chosen to fill a vacancy shall be appointed
only for the unexpired term of the director whom such person
succeeds.
(D) Any director whose term has expired may be reappointed.
(E) \117\ Any director whose term has expired may continue
to serve on the Board of Directors until the earlier of--
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\117\ Sec. 18 of Public Law 99-472 (100 Stat. 1205) added subpara.
(E).
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(i) the date on which such director's successor is
qualified; or
(ii) the end of the 6-month period beginning on the
date such director's term expires.
(d) \118\ (1)(A) There is established an Advisory Committee
to consist of 15 \119\ members who shall be appointed by the
Board of Directors on the recommendation of the President of
the Bank.
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\118\ Sec. 613 of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1255) amended and restated
subsec. (d).
\119\ Sec. 113 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2195) struck out ``twelve'' and inserted in lieu
thereof ``15''.
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(B) \120\ Such members shall be broadly representative of
production, commerce, finance, agriculture, labor, services,
and State government.
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\120\ Sec. 24(b)(4) of the Export-Import Bank Reauthorization Act
of 2002 (Public Law 107-189; 116 Stat. 709) made a technical correction
to subpara. (B).
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(2) Not less than three members appointed to the Advisory
Committee shall be representative of the small business
community.
(3) The Advisory Committee shall meet at least once each
quarter.
(4) The Advisory Committee shall advise the Bank on its
programs, and shall submit, with the report specified in
section 2(b)(1)(A) of this Act, its own comments to the
Congress on the extent to which the Bank is meeting its mandate
to provide competitive financing to expand United States
exports, and any suggestions for improvements in this regard.
(e)(1) \121\ No director, officer, attorney, agent, or
employee of the bank shall in any manner, directly or
indirectly, participate in the deliberation upon or the
determination of any question affecting such individual's \122\
personal interests, or the interests of any corporation,
partnership, or association in which such individual \123\ is
directly or indirectly personally interested.
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\121\ Sec. 6 of Public Law 105-121 (111 Stat. 2529) inserted
``(1)'' after ``(e)'' and added subpara. (2).
\122\ Sec. 620(b) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1261) struck out ``his'' and
inserted in lieu thereof ``such individual's''.
\123\ Sec. 620(b)(2) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1261) struck out ``his''
and inserted in lieu thereof ``such individual''.
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(2) \121\ The General Counsel of the Bank shall ensure that
the directors, officers, and employees of the Bank have
available appropriate legal counsel for advise on, and
oversight of, issues relating to personnel matters and other
administrative law matters by designating an attorney to serve
as Assistant General Counsel for Administration, whose duties,
under the supervision of the General Counsel, shall be
concerned solely or primarily with these issues.
Sec. 4.\124\ The Export-Import Bank of the United States
shall have a capital stock of $1,000,000,000 subscribed by the
United States. Certificates evidencing stock ownership of the
United States shall be issued by the Bank to the President of
the United States, or to such other person or persons as the
President may designate from time to time, to the extent of
payments made for the capital stock of the Bank.\125\
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\124\ 12 U.S.C. 635b.
\125\ Sec. 121(b) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2198) struck out several sentences and inserted in
lieu thereof this sentence. The deleted text read as follows:
``Payments for $1,000,000 of such capital stock shall be made by the
surrender to the Bank for cancellation of the common stock heretofore
issued by the Bank and purchased by the United States. Payment for
$174,000,000 of such capital stock shall be made by the surrender to
the Bank for cancellation of the preferred stock heretofore issued by
the Bank and purchased by the Reconstruction Finance Corporation.
Payment for the $825,000,000 balance of such capital stock shall be
subject to call at any time in whole or in part by the Board of
Directors of the Bank. For the purpose of making payments of such
balance, the Secretary of the Treasury is authorized to use as a
public-debt transaction the proceeds of any securities hereafter issued
under the Second Liberty Bond Act, as amended, and the purposes for
which securities may be issued under that Act are extended to include
such purpose. Payment under this section of the subscription of the
United States to the Bank and repayments thereof shall be treated as
public-debt transactions of the United States. Certificates evidencing
stock ownership of the United States shall be issued by the Bank to the
President of the United States, or to such other person or persons as
the President may designate from time to time, to the extent of the
common and preferred stock surrendered and other payments made for the
capital stock of the Bank under this section.''.
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Sec. 5.\126\ The Export-Import Bank of the United States is
authorized to issue from time to time for purchase by the
Secretary of the Treasury its notes, debentures, bonds or other
obligation; but the aggregate amount of such obligations
outstanding at any one time shall not exceed
$6,000,000,000.\127\ Such obligations shall be redeemable at
the option of the Bank before maturity in such manner as may be
stipulated in such obligations and shall have such maturity as
may be determined by the Board of Directors of the Bank with
the approval of the Secretary of the Treasury. Each such Bank
obligation issued to the Treasury after the enactment of the
Export-Import Bank Amendments of 1974 shall bear interest at a
rate not less than the current average yield on outstanding
marketable obligations of the United States of comparable
maturity during the month preceding the issuance of the
obligation of the Bank as determined by the Secretary of the
Treasury.\128\ The Secretary of the Treasury is hereby
authorized and directed to purchase any obligations of the Bank
issued hereunder and for such purpose the Secretary of the
Treasury is authorized to use as a public-debt transaction the
proceeds of any securities hereafter issued under the Second
Liberty Bond Act, as amended, and the purpose for which
securities may be issued under that Act are extended to include
such purpose. Payment under this section of the purchase price
of such obligations of the Bank and repayments thereof by the
Bank shall be treated as public-debt transactions of the United
States.
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\126\ 12 U.S.C. 635d. Sec. 121(c)(2) of the Export Enhancement Act
of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 6 as
sec. 5. Subsequently, Public Law 82-158 (65 Stat. 637) amended and
restated sec. 5.
\127\ Public Law 82-158 (65 Stat. 367) struck out ``two and one-
half'' and inserted in lieu thereof ``three and one-half''. Public Law
83-570 (68 Stat. 678) struck out `three and one-half times the
authorized capital stock of the Bank'' and inserted in lieu thereof
``$4,000,000,000''. Public Law 85-425 (72 Stat. 133) struck out
``$4,000,000,000'' and inserted in lieu thereof ``$6,000,000,000''.
\128\ Public Law 80-89 (61 Stat. 131) added the second and third
sentences of sec. 5. Subsequently, sec. 7 of Public Law 93-646 (88
Stat. 2333 at 2336) amended and restated the third sentence.
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SEC. 6.\129\ AGGREGATE LOAN, GUARANTEE, AND INSURANCE AUTHORITY.
(a) \130\ Limitation on Outstanding Amounts.--
---------------------------------------------------------------------------
\129\ 12 U.S.C. 635e. Sec. 121(c)(2) of the Export Enhancement Act
of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 7 as
sec. 6. Subsequently, sec. 109(b) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2193) amended and restated sec. 6.
\130\ Sec. 5 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 699) amended and restated subsec. (a).
Previously, sec. 381(a) of the Omnibus Budget Reconciliation Act
(Public Law 97-35; 95 Stat. 431) designated subsec. (a) as subsec.
(a)(1) and added a new para. (2). Subsequently, sec. 615 of the Export-
Import Bank Act Amendments of 1983 (title VI of Public Law 98-181; 97
Stat. 1256) amended and restated para. (2).
Sec. 17 of Public Law 99-472 (100 Stat. 1205) further amended
subsec. (a).
Sec. 1914 of Public Law 95-630 (92 Stat. 3727) further amended
subsec. (a).
Previously, Public Law 82-158 (65 Stat. 367) raised the limit on
the aggregate amount to 4\1/2\ times the authorized capital stock of
the bank. Public Law 83-30 (67 Stat. 28) inserted ``and insurance''.
Public Law 83-570 (68 Stat. 578) raised the aggregate amount to $5
billion; Public Law 85-424 (72 Stat. 133) increased the aggregate
amount to $7 billion; Public Law 88-101 (77 Stat. 128) increased the
aggregate amount to $9 billion; Public Law 90-267 (82 Stat. 49)
increased the aggregate amount to $13.5 billion; Public Law 92-126 (85
Stat. 345) increased the aggregate amount to $20 billion; Public Law
93-646 (88 Stat. 2333) increased the aggregate amount to $25 billion;
sec. 1905 of Public Law 95-630 (92 Stat. 3725) increased the aggregate
amount to $40 billion; and sec. 109(b)(2)(B) of the Export Enhancement
Act of 1992 (Public Law 102-429; 106 Stat. 2193) increased the
aggregate amount to $75 billion.
Division E, Title I of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
Stat. 2172), provided the following:
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``title i--export and investment assistance
``export-import bank of the united states
* * * * * * *
``export-import bank program account
---------------------------------------------------------------------------
``The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2006.
---------------------------------------------------------------------------
``subsidy appropriation
---------------------------------------------------------------------------
``For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import Bank
Act of 1945, as amended, $100,000,000, to remain available until
September 30, 2009: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall remain available until September 30, 2024, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2006, 2007, 2008, and 2009: Provided further,
That none of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing, and
related programs for tied-aid credits or grants may be used for any
other purpose except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section 2(b)(2) of
the Export-Import Bank Act of 1945, in connection with the purchase or
lease of any product by any Eastern European country, any Baltic State
or any agency or national thereof.
---------------------------------------------------------------------------
``administrative expenses
---------------------------------------------------------------------------
``For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and not to
exceed $30,000 for official reception and representation expenses for
members of the Board of Directors, $73,200,000: Provided, That the
Export-Import Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical services in
connection with any transaction for which an application for a loan,
guarantee or insurance commitment has been made: Provided further,
That, notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection(a) thereof shall remain in effect
until October 1, 2006.''.
See also in Public Law 109-102, Title II--Assistance for Individual
States of the Former Soviet Union (119 Stat. 2182), sec. 507--
Prohibition Against Direct Funding for Certain Countries (119 Stat.
2197); and sec. 513--Commerce and Trade (119 Stat. 2199).
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(1) In general.--The Export-Import Bank of the United
States shall not have outstanding at any one time
loans, guarantees, and insurance in an aggregate amount
in excess of the applicable amount.
(2) Applicable amount.--In paragraph (1), the term
``applicable amount'' means--
(A) during fiscal year 2002, $80,000,000,000;
(B) during fiscal year 2003, $85,000,000,000;
(C) during fiscal year 2004, $90,000,000,000;
(D) during fiscal year 2005, $95,000,000,000;
and
(E) during fiscal year 2006,
$100,000,000,000.
(3) Subject to appropriations.--All spending and
credit authority provided under this Act shall be
effective for any fiscal year only to such extent or in
such amounts as are provided in appropriation Acts.
(b) \131\ Presidential Determination.--
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\131\ Sec. 109(b)(3) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2193) redesignated subsec. (a)(2)(A)(i) as
subsec. (b). Subsequently, sec. 109(b)(3) of the Export Enhancement Act
of 1992 (Public Law 102-429; 106 Stat. 2193) inserted ``Presidential
Determination.--'' and ``(1) In general.--'', and redesignated
subclauses as subparagraphs under para. (1).
Previously, sec. 121 of the Further Continuing Appropriations,
Fiscal Year 1992 (Public Law 102-145, as amended by Public Law 102-266)
repealed the original subsec. (b), as added by sec. 8 of Public Law 93-
646. Subsec. (b) had prohibited loans or financial guarantees, or
combination thereof, in connection with exports to the Union of Soviet
Socialist Republics in an aggregate amount in excess of $300,000,000,
with particular restrictions on assistance to the USSR for the
development of fossil fuel energy resources. The subsection further
provided for a limitation in excess of $300,000,000 if the President
determined and reported to the Congress that such higher limitation was
in the national interest, and the Congress, in turn, adopted a
concurrent resolution approving such determination.
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(1) \131\ In general.--Not later than March 31 of
each fiscal year, the President of the United States
shall determine whether the authority available to the
Bank for such fiscal year will be sufficient to meet
the Bank's needs, particularly those needs arising
from--
(A) increases in the level of exports
unforeseen at the time of the original budget
request for such fiscal year;
(B) any increased foreign export credit
subsidies; or
(C) the lack of progress in negotiations to
reduce or eliminate export credit subsidies.
(2) \132\, \133\ Request for
legislation.--
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\132\ Sec. 1104(a)(3) of Public Law 106-569 struck out para. (2)
and redesignated para. (3) as para. (2). The paragraph previously read
as follows:
``(2) Report.--Not later than April 15 of each year, the President
of the United States shall transmit to the Congress a report on such
determination.''.
Previously, sec. 109(b)(3)(E) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2193) struck out ``(2) Not later than''
and inserted in lieu thereof ``(2) Report.--Not later than''.
\133\ Sec. 109(b)(3)(F) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2193) struck out ``(B)(i)'' and inserted
in lieu thereof ``(3) Request for legislation.--'' and ``(A) In
general.--''.
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(A) In general.--If the President of the
United States finds that the amount of direct
loan authority or guarantee authority available
to the Bank for the fiscal year involved
exceeds the amount which will be necessary to
carry out the Bank's functions consistent with
the availability of qualified applications and
limitations imposed by law during such year,
the President of the United States shall
promptly transmit to the Congress a request for
legislation to eliminate the amount of such
excess direct loan, loan guarantee, or
insurance authority.
(B) \134\ Continued availability of
authority.--The Bank shall continue to make
remaining amounts of its authority available
for the fiscal year involved, in accordance
with its practices and the requirements of this
Act, unless otherwise directed pursuant to law.
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\134\ Sec. 109(b)(3)(G) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2193) struck out ``(ii)'' and inserted
in lieu thereof ``(B) Continued availability of authority.--''.
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Sec. 7.\135\ The Export-Import Bank of the United States
shall continue to exercise its functions in connection with and
in furtherance of its object and purposes until the close of
business on September 30, 2006,\136\ but the provisions of this
section shall not be construed as preventing the Bank from
acquiring obligations prior to such date which mature
subsequent to such date or from assuming prior to such date
liability as guarantor, endorser, or acceptor of obligations
which mature subsequent to such date, or from issuing either
prior or subsequent to such date, for purchase by the Secretary
of the Treasury or any other purchasers,\137\ its notes,
debentures, bonds, or other obligations which mature subsequent
to such date or from continuing as a corporate agency of the
United States and exercising any of its functions subsequent to
such date for purposes of orderly liquidation, including the
administration of its assets and the collection of any
obligations held by the Bank.
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\135\ 12 U.S.C. 635f. Public Law 80-89 (61 Stat. 130) amended and
restated sec. 8. Subsequently, sec. 121(c)(2) of the Export Enhancement
Act of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 8 as
sec. 7.
\136\ Public Law 82-158 (65 Stat. 367) changed the date to June 30,
1958; Public Law 88-101 (77 Stat. 128) changed the date to June 30,
1968; Public Law 90-267 (82 Stat. 49) changed the date to June 30,
1973; Public Law 92-126 (85 Stat. 345) changed the date to June 30,
1974; Public Law 93-331 (88 Stat. 289) changed the date to July 30,
1974; Public Law 93-374 (88 Stat. 445) changed the date to September
30, 1974; Public Law 93-425 (88 Stat. 1166) changed the date to October
15, 1974; Public Law 93-450 (88 Stat. 1368) changed the date to
November 15, 1974; Public Law 93-646 (88 Stat. 2333) changed the date
to June 30, 1978; Public Law 95-143 (91 Stat. 1211) changed the date to
September 30, 1978; Public Law 95-407 (92 Stat. 882) changed the date
to December 31, 1978; Public Law 95-630 (92 Stat. 3725) changed the
date to September 30, 1983; sec. 6 of Public Law 98-109 (97 Stat. 746)
changed the date to October 31, 1983; Public Law 98-143 (97 Stat. 916)
changed the date to November 18, 1983; sec. 611 of Public Law 98-181
(97 Stat. 1254) changed the date to September 30, 1986; sec. 14 of
Public Law 99-472 (100 Stat. 1204) changed the date to September 30,
1992; sec. 102 of Public Law 102-429 (106 Stat. 2187) changed the date
to September 30, 1997; sec. 122 of Public Law 105-46 (111 Stat. 158)
changed the date to October 23, 1997; Public Law 105-64 (111 Stat.
1343) changed the date to November 7, 1997; Public Law 105-68 (111
Stat. 1453) changed the date to November 9, 1997; Public Law 105-69
(111 Stat. 1454) changed the date to November 10, 1997; Public Law 105-
71 (111 Stat. 1456) changed the date to November 14, 1997; Public Law
105-84 (111 Stat. 1628) changed the date to November 26, 1997; and sec.
2 of Public Law 105-121 (106 Stat. 2528) changed the date to September
30, 2001.
Sec. 588 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2174),
provided: ``That notwithstanding the dates specified in section 7 of
the Export-Import Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of
Public Law 103-428, the Export-Import Bank of the United States shall
continue to exercise its functions in connection with and in
furtherance of its objects and purposes through March 31, 2002.''
Subsequently, Sec. 1 of Public Law 107-156 (116 Stat. 117) provided
that ``Notwithstanding the dates specified in section 7 of the Export-
Import Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of Public Law
103-428, the Export-Import Bank of the United States shall continue to
exercise its functions in connection with and in furtherance of its
objects and purposes through April 30, 2002.''. Sec. 1 of Public Law
107-168 (116 Stat. 131) provided that ``Notwithstanding the dates
specified in section 7 of the Export-Import Bank Act of 1945 (12 U.S.C.
635f) and section 1(c) of Public Law 103-428, the Export-Import Bank of
the United States shall continue to exercise its functions in
connection with and in furtherance of its objects and purposes through
May 31, 2002.''. Sec. 1 of Public Law 107-186 (116 Stat. 589) provided
that ``Notwithstanding the dates specified in section 7 of the Export-
Import Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of Public Law
103-428, the Export-Import Bank of the United States shall continue to
exercise its functions in connection with and in furtherance of its
objects and purposes through June 14, 2002.''.
Sec. 3 of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 699) changed the date to September 30,
2006.
\137\ Public Law 92-126 (85 Stat. 345) inserted ``or any other
purchasers.''
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Sec. 8.\138\ (a) The Export-Import Bank of the United
States shall transmit to the Congress annually a complete and
detailed report of its operations. The report shall be as of
the close of business on the last day of each fiscal year.
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\138\ 12 U.S.C. 635g. Sec. 121(c)(2) of the Export Enhancement Act
of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 9 as
sec. 8. Sec. 10 of Public Law 93-646 (88 Stat. 2236) changed the
reporting requirements from semiannual to annual to be completed as of
the end of each fiscal year instead of June 30 and December 31 of each
year.
Sec. 8(c) of the Export-Import Bank Reauthorization Act of 2002
(Public Law 107-189; 116 Stat. 701) provided: ``The Export-Import Bank
of the United States shall include in the annual report required by
section 8(a) of the Export-Import Bank Act of 1945 for each of fiscal
years 2002 through 2006 a report on the efforts made by the Bank to
carry out subparagraphs (E)(x) and (J) of section 2(b)(1) of such Act,
and on how the efforts are assisting small businesses.''.
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(b) \139\ (1) The Bank shall include in its annual report
to the Congress a report on the allocation of the sums set
aside for small business exports pursuant to section
2(b)(1)(E).
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\139\ Sec. 618(b)(2) of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-181; 97 Stat. 1259) added subsec. (b),
originally designated as subsec. (c). Subsequently, sec. 1104(a)(4) of
Public Law 106-569 struck out subsec. (b), as added by sec. 10 of
Public Law 93-646 (88 Stat. 2333 at 2337) and amended by sec. 1907(b)
of Public Law 95-630 (92 Stat. 3725), and redesignated subsec. (c) as
subsec. (b). Subsec. (b) previously read as follows:
``(b) The report shall contain a description of actions taken by
the Bank in pursuance of the policy of aiding, counseling, assisting,
and protecting, insofar as is possible, the interests of small business
concerns and of the activities of the member of the Board appointed to
represent the interests of small business. In addition, the Bank shall
include in the report a description of specific activities and programs
undertaken by it to achieve the policy of section 501 of the Nuclear
Non-Proliferation Act of 1978, and section 119 of the Foreign
Assistance Act of 1961, as required by section 2(b)(1)(C) of this
Act.''.
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(2) Such report shall specify--
(A) the total number and dollar volume of loans made
from the sums set aside;
(B) the number and dollar volume of loans made
through the consortia program under section
2(b)(1)(E)(vii);
(C) the amount of guarantees and insurance provided
for small business exports;
(D) the number of recipients of financing from the
sums set aside who have not previously participated in
the Bank's programs;
(E) the number of commitments entered into in amounts
less than $500,000; and
(F) any recommendations for increasing the
participation of banks and other institutions in the
programs authorized under section 2(b)(1)(E).
(3) For the purpose of this subsection, the Bank's report
shall be transmitted to the Committee on Small Business of the
Senate and the Committee on Small Business of the House of
Representatives.
(c) \140\ Technology to Assist Small Businesses.--The Bank
shall include in its annual report to the Congress under
subsection (a) of this section for each of fiscal years 2002
through 2006 a report on the efforts made by the Bank to carry
out subparagraphs (E)(x) and (J) of section 2(b)(1) of this
Act, and on how the efforts are assisting small business
concerns (as defined in section 3(a) of the Small Business
Act).
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\140\ Sec. 12(a) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 704) added subsec. (c).
Previously, sec. 20(b) of Public Law 99-472 (100 Stat. 1209) added
subsec. (e). Sec. 1104(a)(4) of Public Law 106-569 (114 Stat. 3031)
subsequently struck out subsecs. (b) and (d) and redesignated subsecs.
(c) and (e) as subsecs. (b) and (c), respectively. Sec. 1104(a)(4) of
Public Law 106-569 further struck out subsec. (b) and redesignated
subsec. (c) as subsec. (b).
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(d) \141\ Number of Small Business Suppliers of Bank
Users.--The Bank shall estimate on the basis of an annual
survey or tabulation the number of entities that are suppliers
of users of the Bank and that are small business concerns (as
defined in section 3(a) of the Small Business Act) located in
the United States, and shall include the estimate in its annual
report to the Congress under subsection (a) of this section.
---------------------------------------------------------------------------
\141\ Sec. 12(b) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 705) added subsec. (d).
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(e) \142\ Outreach to Certain Small Businesses.--The Bank
shall include in its annual report to the Congress under
subsection (a) of this section a description of outreach
efforts made by the Bank to any socially and economically
disadvantaged small business concerns (as defined in section
8(a)(4) of the Small Business Act), small business concerns (as
defined in section 3(a) of the Small Business Act) owned by
women, and small business concerns (as defined in section 3(a)
of the Small Business Act) employing fewer than 100 employees.
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\142\ Sec. 12(c) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 705) added subsec. (e).
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Sec. 9.\143\ Notwithstanding the provisions of section 955
of title 18, United States Code, any person, including any
individual, partnership, corporation, or association, may act
for or participate with the Export-Import Bank of the United
States in any operation or transaction, or may acquire any
obligation issued in connection with any operation or
transaction, engaged in by the Bank.
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\143\ 12 U.S.C. 635h. Sec. 121(c)(3) of the Export Enhancement Act
of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 11 as
sec. 9. Previously, Public Law 83-779 (68 Stat. 112) amended and
restated sec. 11. Public Law 90-267 struck out ``Export-Import Bank of
Washington'' and inserted in lieu thereof ``Export-Import Bank of the
United States''.
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tied aid credit program and fund
Sec. 10.\144\ (a) Findings.--The Congress finds that
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\144\ 12 U.S.C. 635i-3. Sec. 121(c)(4) of the Export Enhancement
Act of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 15
as sec. 10. Sec. 19 of the Export-Import Bank Act Amendments of 1986
(Public Law 99-472; 100 Stat. 1205) added the original sec. 15.
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(1) tied aid and partially untied aid credits offered
by other countries are a predatory \145\ method of
financing exports because of their market-distorting
effects;
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\145\ Sec. 103(c)(1) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2187) struck out ``predacious'' at each place
such term appeared in sec. 15, and replaced it with ``predatory''.
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(2) these distortions have caused the United States
to lose export sales, with resulting losses in economic
growth and employment;
(3) these practices undermine market mechanisms that
would otherwise result in export purchase decisions
made on the basis of price, quality, delivery, and
other factors directly related to the export, where
official financing is not subsidized and would be a
neutral factor in the transaction.
(4) support of commercial exports by donor countries
with tied aid and partially untied aid credits impedes
the growth of developing countries because it diverts
development assistance funds from essential
developmental purposes; \146\
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\146\ Sec. 10(c) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 703) struck out ``and'' at the end
of para. (4), redesignated para. (5) as para. (6), and added a new
para. (5).
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(5) \146\ the Bank has, at a minimum, the following
two tasks--
(A)(i) first, the Bank should match foreign
export credit agencies and aid agencies when
they engage in tiedaid outside the confines of
the Arrangement and when they exploit
loopholes, such as untied aid;
(ii) such matching is needed to provide the
United States with leverage in efforts at the
OECD to reduce the overall level of export
subsidies;
(iii) only through matching foreign export
credit offers can the Bank buttress United
States negotiators in theirefforts to bring
these loopholes within the disciplines of the
Arrangement; and
(iv) in order to bring untied aid within the
discipline of the Arrangement, the Bank should
consider initiating highly competitive
financial support when the Bank learns that
foreign untied aid offers will be made; and
(B) second, the Bank should support United
States exporters when the exporters face
foreign competition that is consistent with the
Arrangement and the Subsidies Code of the World
Trade Organization, but which places United
States exporters at a competitive disadvantage;
and
(6) \146\ there should be established in the Bank a
tied aid program \147\ to target the export markets of
those countries which make extensive use of tied aid or
partially untied aid credits, or untied aid used to
promote exports as if it were tied aid,\148\ for
commercial advantage for the purposes of--\149\
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\147\ Sec. 103(c)(2)(A) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2187) struck out ``temporary'' before
``tied aid program''.
\148\ Sec. 10(c) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 703) inserted ``, or untied aid
used to promote exports as if it were tied aid,''.
\149\ Sec. 101(b)(1) of the International Development and Finance
Act of 1989 (Public Law 101-240; 103 Stat. 2494) struck out ``for the
purpose of facilitating the negotiation of a comprehensive
international arrangement restricting the use of tied aid and partially
untied aid credits for commercial purposes, and such program should be
aggressively used until such an arrangement is established.'' and
inserted in lieu thereof ``for the purposes of--'' through end of
subsec. (a).
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(A) enforcing compliance with the existing
Arrangement \150\ restricting the use of tied
aid and partially untied aid credits for
commercial purposes; and
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\150\ Sec. 103(c)(2)(B) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2187) struck out ``existing
arrangement'' and inserted in lieu thereof ``existing Arrangement''.
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(B) facilitating efforts to negotiate,
establish, and enforce new or revised
comprehensive international arrangements
effectively restricting the use of tied aid and
partially untied aid credits ``, or untied aid
usedto promote exports as if it were tied aid,
for commercial purposes;
and such program should be used aggressively for such
purposes.
(b) Establishment of Tied Aid Credit Program.--
(1) In general.--The \151\ Bank shall establish a
tied aid credit program under which grants shall be
made from funds available in the Tied Aid Credit fund
established under subsection (c)--
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\151\ Sec. 103(c)(3)(A) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2187) struck out ``To carry out the
purposes of subsection (a)(5), the'' and inserted in lieu thereof
``The''.
Previously, sec. 101(b)(2) of the International Development and
Finance Act of 1989 (Public Law 101-240; 103 Stat. 2494) amended and
restated the first sentence of para. (1). The first sentence of para.
(1) formerly read as follows:
``For the purpose of facilitating the negotiation of a
comprehensive international arrangement restricting the use of tied aid
and partially untied aid credits for commercial purposes, the Bank
shall establish a tied aid and partially untied aid credits for
commercial purposes, the Bank shall establish a tied aid credit program
under which grants shall be made from funds available in the Tied Aid
Credit Fund established under subsection (c)--''.
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(A) to supplement the financing of a United
States export when there is a reasonable
expectation that predatory \144\ financing will
be provided by another country for a sale by a
competitor of the United States exporter with
respect to such export and with special
attention to matching tied aid and partially
untied aid credits extended by other
governments--
(i) in violation of the Arrangement;
or
(ii) in cases in which the Bank
determines that United States trade or
economic interests justify the matching
of tied aid credits extended in
compliance with the Arrangement,
including grandfathered cases; \152\
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\152\ Sec. 103(c)(3)(B) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2187) inserted text beginning at ``and
with special attention'' in subpara. (A).
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(B) to supplement the financing of United
States exports to foreign markets which are
actual or potential export markets for any
country which the Bank determines--
(i) engages in predatory \144\
official export financing through the
use of tied aid or \153\ partially
untied aid credits, and impedes
negotiations or violates agreements on
tied aid to eliminate the use of such
credits for commercial purposes; or
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\153\ Sec. 103(c)(3)(C) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2188) amended and restated clause (i)
and (ii) beginning at this point.
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(ii) engages in predatory financing
practices that seek to circumvent
international agreements on tied aid;
or
(C) to supplement the financing of United
States exports under such other circumstances
as the Bank may determine to be appropriate for
carrying out the purposes of this section.
(2) Administration of program.--The tied aid credit
program shall be administrated by the Bank--
(A) \154\ in consultation with the Secretary
and in accordance with the principles, process,
and standards developed pursuant to paragraph
(5) of this subsection and the purposes
described in subsection (a)(5);
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\154\ Sec. 9(a)(1) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 701) amended and restated subpara.
(A). It previously read as follows:
``(A) in consultation with the Secretary and in accordance with the
Secretary's recommendations on how such credits could be used most
effectively and efficiently to carry out the purposes described in
subsection (a)(5);''.
Previouly, sec. 101(b)(3) of the International Development and
Finance Act of 1989 (Public Law 101-240; 103 Stat. 2494) and sec.
103(c)(4) of the Export Enhancement Act of 1992 (Public Law 102-429;
106 Stat. 2188) amended subpara. (A).
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(B) in cooperation with United States
exporters and private financial institutions or
entities, and in consultation with other
Federal agencies,\155\ as appropriate; and
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\155\ Sec. 103(c)(5) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2188) struck out ``private financial
institutions or entities'', and inserted in lieu thereof ``United
States exporters and private financial institutions or entities, and in
consultation with other Federal agencies''.
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(C) in consultation with the National
Advisory Council on International Monetary and
Financial Policies.
(3) Coordination with other export financing.--Under
the tied aid credit program, the Bank may combine
grants from the Tied Aid Credit Fund with--
(A) any guarantee, insurance, or other
extension of credit provided by the Bank under
this Act;
(B) any export financing provided by any
private financial institution or other entity;
and
(C) any other type of export financing,
in such manner and under such terms as the Bank
determines to be appropriate, including combinations of
export financing in the form of blended financing and
parallel financing.
(4) Information on countries which engage in official
predatory \144\ export financing and impede
negotiations.--In order to assist the Bank to make the
most efficient use of funds available for supplemental
financing under paragraph (1)(B), the United States
Trade Representative and the Secretary of Commerce may
provide information on principal sectors and key
markets of countries described in paragraph (1)(B) to
the Bank, the Secretary and the National Advisory
Council on International Monetary and Financial
Policies. The Bank shall also request and take into
consideration the views of the private sector on
principal sectors and key markets of countries
described in paragraph (1)(B).\156\
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\156\ Sec. 103(c)(6) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2188) added the last sentence.
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(5) \157\ Principles, process, and standards
governing use of the fund.--
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\157\ Sec. 9(a)(2) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 701) added para. (5).
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(A) In general.--The Secretary and the Bank
jointly shall develop a process for, and the
principles and standards to be used in,
determining how the amounts in the Tied Aid
Credit Fund could be used most effectively
andefficiently to carry out the purposes of
subsection (a)(6).
(B) Content of principles, process, and
standards.--
(i) Consideration of certain
principles and standards.--In
developing the principles and standards
referred to in subparagraph (A), the
Secretary and the Bank shall consider
administering the Tied Aid Credit Fund
in accordance with the following
principles and standards:
(I) The Tied Aid Credit Fund
should be used to leverage
multilateral negotiations to
restrict the scope for aid-
financed trade distortions
through new multilateral rules,
and to police existing rules.
(II) The Tied Aid Credit Fund
will be used to counter a
foreign tied aid credit
confronted by a United States
exporter when bidding for a
capital project.
(III) Credible information
about an offer of foreign tied
aid will be required before the
Tied Aid Credit Fund is used to
offer specific terms to match
such an offer.
(IV) The Tied Aid Credit Fund
will be used to enable a
competitive United States
exporter to pursue further
market opportunities on
commercial terms made possible
by the use of the Fund.
(V) Each use of the Tied Aid
Credit Fund will be in
accordance with the Arrangement
unless a breach of the
Arrangement has been committed
by a foreign export credit
agency.
(VI) The Tied Aid Credit Fund
may only be used to defend
potential sales by United
States companies to a project
that is environmentally sound.
(VII) The Tied Aid Credit
Fund may be used to
preemptively counter potential
foreign tied aid offers without
triggering foreign tied aid
use.
(ii) Conclusion.--Once the
principles, process and standards
referred to in subparagraph (A) are
followed, the final case-by-case
decisions on the use of the Tied Aid
Credit Fund shall be made by the Bank:
Provided however, That the Bank shall
not approve the extension of a proposed
tied aid credit if the President of the
United States determines, after
consulting with the President of the
Bank and the Secretary of the Treasury,
that the extension of the tied aid
credit would materially impede
achieving the purposes described in
subsection (a)(6).
(C) Initial principles, process, and
standards.--As soon as is practicable but not
later than 6 months after the date of the
enactment of this paragraph, the Secretary and
the Bank shall submit to the Committee on
Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a copy
of the principles, process, and standards
developed pursuant to subparagraph (A).
(D) Transitional principles and standards.--
The principles and standards set forth in
subparagraph (B)(i) shall govern the use of the
Tied Aid Credit Fund until the principles,
process, and standards required by subparagraph
(C) are submitted.
(E) Update and revision.--The Secretary and
the Bank jointly should update and revise, as
needed, the principles, process, and standards
developed pursuant to subparagraph (A), and, on
doing so, shall submit to the Committee on
Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and UrbanAffairs of the Senate a copy
of the principles, process, and standards so
updated and revised.
(6) \158\ Reconsideration of decisions.--
(A) In general.--Taking into consideration
the time sensitivity of transactions, the Board
of Directors of the Bank shall expeditiously
pursuant to paragraph (2) reconsider a decision
of the Board to deny an application for the use
of the Tied Aid Credit Fund if the applicant
submits the request for reconsideration within
3 months of the denial.
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\158\ Sec. 9(b) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 702) added para. (6).
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(B) Procedural rules.--In any such
reconsideration, the applicant may be required
to provide new information on the application.
(c) Tied Aid Credit Fund.--
(1) In general.--There is hereby established within
the Bank a fund to be known as the ``Tied Aid Credit
Fund'' (hereinafter in this section referred to as the
``Fund''), consisting of such amounts as may be
appropriated to the Fund pursuant to the authorization
contained in subsection (e).
(2) Expenditures from fund.--Amounts in the Fund
shall be available for grants made by the Bank under
the tied aid credit program established pursuant to
subsection (b) and to reimburse the Bank for the amount
equal to the concessionality level of any tied aid
credits authorized by the Bank.\159\
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\159\ Sec. 3(a) of Public Law 105-121 (111 Stat. 2528) struck out
``through September 30, 1997''.
Previously, Public Law 100-217 (101 Stat. 1454) added a reference
to fiscal years 1987 and 1988. Sec. 3302(b) of Public Law 100-418 (102
Stat. 1383) struck out ``and 1988'' and inserted in lieu thereof
``1988, and 1989''. Sec. 101(b)(4) of the International Development and
Finance Act of 1989 (Public Law 101-240; 103 Stat. 2494) struck out
``cost'' and inserted in lieu thereof ``amount equal to the
concessionality level''; and struck out ``during fiscal years 1986,
1987, 1988 and 1989'' and inserted in lieu thereof ``through fiscal
year 1991''. Sec. 562(d)(2) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public Law
101-513; 104 Stat. 2037), struck out ``1991'' and inserted in lieu
thereof ``1992''. Sec. 103(a) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2187) struck out ``fiscal year 1992''
and inserted in lieu thereof ``September 30, 1995''. Sec. 1(a) of
Public Law 104-97 (109 Stat. 984) struck out ``1995'' and inserted in
lieu thereof ``1997''. Sec. 579(a) of Public Law 104-107 (110 Stat.
751) also struck out ``1995'' and inserted in lieu thereof ``1997''.
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(d) Consistency With Arrangement.--Any export financing
involving the use of a grant under the tied aid credit program
shall be consistent with the procedures established by the
Arrangement, as in effect at the time such financing is
approved.
(e) \160\ Authorization.--There are authorized to be
appropriated such sums as may be necessary to carry out the
purposes of this section. Such sums are authorized to remain
available until expended.
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\160\ Sec. 3(b) of Public Law 105-121 struck out ``There are
authorized to be appropriated to the Fund such sums as may be necessary
for each of fiscal years 1996 and 1997.'' and inserted in lieu thereof
``There are authorized to be appropriated such sums as may be necessary
to carry out the purposes of this section.''
Previously, sec. 1(b) of Public Law 104-97 (109 Stat. 984) struck
out ``There are authorized to be appropriated to the Fund $500,000,000
for each of fiscal years 1993, 1994, and 1995.'' and inserted in lieu
thereof ``There are authorized to be appropriated to the Fund such sums
as may be necessary for each of fiscal years 1996 and 1997.'' Sec.
579(b) of Public Law 104-107 (110 Stat. 751) intended to strike out
``1993, 1994, and 1995'' and insert in lieu thereof ``1996 and 1997'',
an amendment made invalid by the amendment executed by Public Law 104-
97.
Previously, sec. 103(b) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2187) amended and restated subsec. (e).
Previous to that, subsec. (e) authorized for fiscal years 1987, 1988,
and 1989, $300,000,000, for fiscal year 1990, $300,000,000, and for
each of fiscal years 1991 and 1992, $500,000,000, and required a
determination from the President in the event ``that any amount
appropriated to the Fund is not required to achieve the purpose of the
Fund''.
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(f) Nonreviewability.--No action taken under this section
shall be reviewable by any court, except for abuse of
discretion.
(g) Report to Congress.--
(1) \161\ In general.-- \162\ In consultation with
the Secretary, shall submit an annual report \163\ on
tied aid credits to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services \164\ of the House of
Representatives.
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\161\ Sec. 103(c)(7) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2188) amended and restated paras. (1) and (2).
\162\ Sec. 1103(d)(2)(A) of Public Law 106-569 (114 Stat. 3031)
struck out ``On or before October 15, 1992, and every 6 months
thereafter, the Bank, in'' and inserted in lieu thereof ``In''.
\163\ Sec. 1103(d)(2)(B) (114 Stat. 3031) struck out ``a report''
and inserted in lieu thereof ``an annual report''.
\164\ Sec. 24(a)(2)(E) of the Export-Import Bank Reauthorization
Act of 2002 (Public Law 107-189; 116 Stat. 708) struck out ``Banking,
Finance and Urban Affairs'' and inserted in lieu thereof ``Financial
Services''. Previously, sec. 1(a)(2) of Public Law 104-14 (109 Stat.
186) provided that references to the Committee on Banking, Finance and
Urban Affairs of the House of Representatives shall be treated as
referring to the Committee on Banking and Financial Services of the
House of Representatives.
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(2) \161\ Contents of reports.--Each report required
under paragraph (1) shall contain a description of--
(A) the implementation of the Arrangement
restricting tied aid and partially untied aid
credits for commercial purposes, including the
operation of notification and consultation
procedures;
(B) all principal offers of tied aid credit
financing by foreign countries during the
previous 6-month period, including all offers
notified by countries participating in the
Arrangement, and in particular--
(i) offers grandfathered under the
Arrangement; and
(ii) notifications of exceptions
under the Arrangement;
(C) any use by the Bank of the Tied Aid
Credit Fund to match specific offers, including
those that are grandfathered or exceptions
under the Arrangement; and
(D) other actions by the United States
Government to combat predatory financing
practices by foreign governments, including
additional negotiations among participating
governments in the Arrangement.
(3) Confidential information.--To the extent the Bank
determines any information required to be included in
the report under this subsection should not be made
public, such information may be submitted separately on
a confidential basis or provided orally, rather than in
written form, to the Chairmen and ranking minority
Members of the Committees of the Senate and the House
of Representatives with jurisdiction over the subject
matter of the report.
(h) Definitions.--For purposes of this section, the
following definitions shall apply: \165\
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\165\ Sec. 103(c)(8)(A) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2188) amended and restated the first
sentence of subsec. (h).
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(1) Tied aid and partially untied aid credit.--The
terms ``tied aid credit'' and ``partially untied aid
credit'' mean any credit which--
(A) has a grant element greater than zero
percent as determined by the Development
Assistance Committee of the Organization for
Economic Cooperation and Development;
(B) is, in fact or in effect, tied to--
(i) the procurement of goods or
services from the donor country, in the
case of tied aid credit; or
(ii) the procurement of goods or
services from a restricted number of
countries, in the case of partially
united aid credit; and
(C) is financed either exclusively from
public funds or partly from public and partly
from private funds.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(3) Arrangement.--The term ``Arrangement'' means the
Arrangement on Guidelines for Officially Supported
Export Credits established through the Organization
from Economic Cooperation and Development.
(4) Blended financing.--The term ``blended
financing'' means financing provided through any
combination of official development assistance,
official export credits, and private commercial credit
which is integrated into a single agreement with a
single set of financial terms.
(5) Parallel financing.--The term ``parallel
financing'' means financing provided by any combination
of official development assistance, official export
credits, and private commercial credit which is not
integrated into a single agreement and does not have a
single set of financial terms.
(6) \166\ Offers grandfathered under the
arrangement.--The term ``offers grandfathered under the
Arrangement'' means--
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\166\ Sec. 103(c)(8)(B) of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2189) added para. (6).
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(A) financing offers made or lines of credit
extended on or before February 15, 1992; or
(B) financing offers extended for subloans
under lines of credit referred to in
subparagraph (A) made on or before August 15,
1992, or, in the case of Mexico, on or before
December 31, 1992.
(7) \167\ Market window.--The Bank, in consultation
with the Secretary of the Treasury, shall define
``market window'' for purposes of this section.
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\167\ Sec. 10(d) of the Export-Import Bank Reauthorization Act of
2002 (Public Law 107-189; 116 Stat. 704) added para. (7).
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SEC. 11.\168\ ENVIRONMENTAL POLICY AND PROCEDURES.
(a) Environmental Effects Consideration.--
---------------------------------------------------------------------------
\168\ 12 U.S.C. 635i-5. Sec. 106 of the Export Enhancement Act of
1992 (Public Law 102-429; 106 Stat. 2189) added this sec. as sec. 17.
Subsequently, sec. 121(c)(5) of that Act (106 Stat. 2199) redesignated
sec. 17 as sec. 11.
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(1) In general.--Consistent with the objectives of
section 2(b)(1)(A), the Bank shall establish procedures
to take into account the potential beneficial and
adverse environmental effects of goods and services for
which support is requested under its direct lending and
guarantee programs. Such procedures shall apply to any
transaction involving a project--
(A) for which long-term support of
$10,000,000 or more is requested from the Bank;
(B) for which the Bank's support would be
critical to its implementation; and
(C) which may have significant environmental
effects upon the global commons or any country
not participating in the project, or may
produce an emission, an effluent, or a
principal product that is prohibited or
strictly regulated pursuant to Federal
environmental law.
(2) Authority to withhold financing.--The procedures
established under paragraph (1) shall permit the Board
of Directors, in its judgment, to withhold financing
from a project for environmental reasons or to approve
financing after considering the potential environmental
effects of a project.
(b) Use of Bank Programs To Encourage Certain Exports.--(1)
In general.--\169\ The Bank shall encourage the use of its
programs to support the export of goods and services that have
beneficial effects on the environment or mitigate potential
adverse environmental effects (such as exports of products and
services used to aid in the monitoring, abatement, control, or
prevention of air, water, and ground contaminants or pollution,
or which provide protection in the handling of toxic
substances, subject to a final determination by the Bank, and
products and services for foreign environmental projects
dedicated entirely to the prevention, control, or cleanup of
air, water, or ground pollution, including facilities to
provide for control or cleanup, and used in the retrofitting of
facility equipment for the sole purpose of mitigating,
controlling, or preventing adverse environmental effects,
subject to a final determination by the Bank).\169\ The Board
of Directors shall name an officer of the Bank to advise the
Board on ways that the Bank's programs can be used to support
the export of such goods and services. The officer shall act as
liaison between the Bank and other Federal Government agencies,
including the agencies whose representatives are members of the
Environmental Trade Promotion Working Group of the Trade
Promotion Coordinating Committee, with respect to overall
United States Government policy on the environment.
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\169\ Sec. 2(a) of Public Law 103-428 (108 Stat. 4376) inserted
``(1) In general.--''; inserted ``(such as exports of products and
services used to aid in the monitoring, abatement, control, or
prevention of air, water, and ground contaminants or pollution, or
which provide protection in the handling of toxic substances, subject
to a final determination by the Bank, and products and services for
foreign environmental projects dedicated entirely to the prevention,
control, or cleanup of air, water, or ground pollution, including
facilities to provide for control or cleanup, and used in the
retrofitting of facility equipment for the sole purpose of mitigating,
controlling, or preventing adverse environmental effects, subject to a
final determination by the Bank)''; and added para. (2).
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(2) \169\ Limitations on authorization of appropriations.--
In addition to other funds available to support the export of
goods and services described in paragraph (1), there are
authorized to be appropriated to the Bank not more than
$35,000,000 for the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990) of supporting such exports.
If, in any fiscal year, the funds appropriated in accordance
with this paragraph are not fully utilized due to insufficient
qualified transactions for the export of such goods and
services, such funds may be expended for other purposes
eligible for support by the Bank.
(c) Inclusion in Report to Congress.--The Bank shall
provide in its annual report to the Congress a summary of its
activities under subsections (a) and (b).
(d) Interpretation.--Nothing in this section shall be
construed to create any cause of action.
SEC. 12.\170\ DEBT REDUCTION; ENTERPRISE FOR THE AMERICAS INITIATIVE.
(a) Definitions.--For purposes of this section--
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\170\ 12 U.S.C. 635i-6. Sec. 108 of the Export Enhancement Act of
1992 (Public Law 102-429; 106 Stat. 2191) added this sec. as sec. 18.
Subsequently, sec. 121(c)(6) of that Act (106 Stat. 2199) redesignated
sec. 18 as sec. 12.
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(1) the term ``eligible country'' means a country
designated by the President in accordance with
subsection \171\ (b);
---------------------------------------------------------------------------
\171\ Sec. 24(b)(5) of the Export-Import Bank Reauthorization Act
of 2002 (Public Law 107-189; 116 Stat. 709) struck out ``section'' and
inserted in lieu thereof ``subsection''.
---------------------------------------------------------------------------
(2) the term ``Facility'' means the entity
established in the Department of the Treasury by
section 601 of the Agricultural Trade Development and
Assistance Act of 1954; and
(3) the term ``IMF'' means the International Monetary
Fund.
(b) Eligibility for Benefits Under the Facility.--
(1) Requirements.--To be eligible for benefits from
the Facility under this section, a country must--
(A) be a Latin American or Caribbean country;
(B) have in effect, have received approval
for, or, as appropriate in exceptional
circumstances, be making significant progress
toward--
(i) an IMF standby arrangement,
extended IMF arrangement, or an
arrangement under the structural
adjustment facility or enhanced
structural adjustment facility or, in
exceptional circumstances, an IMF
monitored program or its equivalent;
and
(ii) as appropriate, structural or
sectoral adjustment loans from the
International Bank for Reconstruction
and Development or the International
Development Association;
(C) have put in place major investment
reforms in conjunction with an Inter-American
Development Bank loan or otherwise be
implementing, or making significant progress
toward, an open investment regime; and
(D) if appropriate, have agreed with its
commercial bank lenders on a satisfactory
financing program, including, as appropriate,
debt or debt service reduction.
(2) Eligibility determinations.--The President shall
determine whether a country is an eligible country for
purposes of paragraph (1).
(c) Loans Eligible for Sale, Reduction, or Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any loan or portion thereof made
before January 1, 1992, to any eligible country or any
agency thereof pursuant to this Act, or, on receipt of
payment from an eligible purchaser, reduce or cancel
such loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buy-back by an eligible country of
its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development activities, in a manner
consistent with sections 607 through 612 of the
Agricultural Trade Development and Assistance
Act of 1954, if the sale, reduction, or
cancellation would not contravene any term or
condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance
with this section, establish the terms and conditions
under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Treatment under securities laws.--The filing of a
registration statement under the Securities Act of 1933
shall not be required with respect to the sale or offer
for sale by the Bank of a loan or any interest therein
pursuant to this section. For purposes of the
Securities Act of 1933, the Bank shall not be deemed to
be an issuer or underwriter with respect to any
subsequent sale or other disposition of such loan (or
any interest therein) or any security received by an
eligible purchaser pursuant to any debt-for-equity
swap, debt-for-development swap, or debt-for-nature
swap.
(4) Administration.--The Facility shall notify the
Bank of purchasers that the President has determined to
be eligible, and shall direct the Bank to carry out the
sale, reduction, or cancellation of a loan pursuant to
this section. The Bank shall make an adjustment in its
accounts to reflect the sale, reduction, or
cancellation.
(5) Limitations.--The authorities of this subsection
may be exercised only to such extent as provided for in
advance in appropriations Acts, as necessary to
implement the Federal Credit Reform Act of 1990.
(d) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(e) Eligible Purchasers.--A loan may be sold pursuant to
subsection (c)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(f) Debtor Consultation.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
shall consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(g) Authorization of Appropriations.--For the sale,
reduction, and cancellation of loans or portions thereof
pursuant to this section, there are authorized to be
appropriated to the President such sums as may be necessary,
which are authorized to remain available until expended.
SEC. 13.\172\ COOPERATION ON EXPORT FINANCING PROGRAMS.
The Bank shall, subject to appropriate memoranda of
understanding--
---------------------------------------------------------------------------
\172\ 12 U.S.C. 635i-7. Sec. 115 of the Export Enhancement Act of
1992 (Public Law 102-429; 106 Stat. 2196) added this sec. as sec. 19.
Subsequently, sec. 121(c)(7) of that Act (106 Stat. 2199) redesignated
sec. 19 as sec. 13.
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(1) provide complete and current information on all
of its programs and financing practices to--
(A) the Small Business Administration and
other Federal agencies involved in promoting
exports and marketing export financing
programs; and
(B) State and local export financing
organizations that indicate a desire to
participate in export promotion; and
(2) consistent with the provisions of section
2301(f)(2) of the Export Enhancement Act of 1988,
undertake a program to provide training for personnel
designated in such memoranda with respect to such
financing programs.
SEC. 14.\173\ SPECIAL DEBT RELIEF FOR THE POOREST, MOST HEAVILY
INDEBTED COUNTRIES.
(a) Debt Reduction Authority.--The President may reduce
amounts of principal \174\ and interest owed by any eligible
country to the Bank as a result of loans or guarantees made
under this Act.
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\173\ 12 U.S.C. 635i-8. Sec. 570(b) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, Fiscal Year
1994 (Public Law 103-87; 107 Stat. 970), added this sec. as a second
sec. 11. Subsequently, sec. 2(b) of Public Law 103-428 (108 Stat. 4376)
redesignated the second sec. 11 as sec. 14.
In a memorandum for the Secretary of the Treasury, June 20, 1994,
the President delegated the authority in sec. 14(a) of this Act to the
Secretary of the Treasury, to work in consultation with the Secretary
of State and the President of the Export-Import Bank (59 F.R. 33413).
\174\ Sec. 24(b)(6) of the Export-Import Bank Reauthorization Act
of 2002 (Public Law 107-189; 116 Stat. 709) struck out ``principle''
and inserted in lieu thereof ``principal''.
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(b) Limitations.--
(1) Types of debt reduction.--The authority provided
by subsection (a) may be exercised only to implement
multilateral agreements to reduce the burden of
official bilateral debt as set forth in the minutes of
the so-called ``Paris Club'' (also known as ``Paris
Club Agreed Minutes'').
(2) Eligible countries.--
(A) Definition.--As used in subsection (a),
the term ``eligible country'' means any country
that--
(i) has excessively burdensome
external debt;
(ii) is eligible to borrow from the
International Development Association;
and
(iii) is not eligible to borrow from
the International Bank for
Reconstruction and Development.
(B) Determinations.--Subject to subparagraph
(A), the President may determine whether a
country is an eligible country for purposes of
subsection (a).
(c) Conditions.--The authority provided by this section may
be exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters; and
(4) (including its military or other security forces)
does not engage in a consistent pattern of gross
violations of internationally recognized human rights.
(d) Appropriations.--The authority provided by subsection
(a) may be exercised only in such amounts or to such extent as
is provided in advance in appropriations Acts.
SEC. 15.\175\ MARKET WINDOWS.
(a) Enhanced Transparency.--To ensure that the Bank
financing remains fully competitive, the United States should
seek enhanced transparency over the activities of market
windows in the OECD Export Credit Arrangement. If such
transparency indicates that market windows are disadvantaging
United States exporters, the United States should seek
negotiations for multilateral disciplines and transparency
within the OECD Export Credit Arrangement.
---------------------------------------------------------------------------
\175\ 12 U.S.C. 635i-9. Sec. 10(b) of the Export-Import Bank
Reauthorization Act of 2002 (Public Law 107-189; 116 Stat. 703) added
sec. 15.
---------------------------------------------------------------------------
(b) Authorization.--The Bank may provide financing on terms
and conditions that are inconsistent with those permitted under
the OECD Export Credit Arrangement--
(1) to match financing terms and conditions that are
being offered by market windows on terms that are
inconsistent with those permitted under the OECD Export
Credit Arrangement, if--
(A) matching such terms and conditions
advances the negotiations for multilateral
disciplines and transparency within the OECD
Export Credit Arrangement; or
(B) transparency verifies that the market
window financing is being offered on terms that
are more favorable than the terms and
conditions that are available from private
financial markets; and
(2) when the foreign government-supported institution
refuses to provide sufficient transparency to permit
the Bankto make a determination under paragraph (1).
(c) Definition.--In this section, the term ``OECD'' means
the Organization for Economic Cooperation and Development.
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--Sec. 121(c)(1) of the Export Enhancement Act of 1992 (Public Law 102-429; 106 Stat. 2199)
Sec. 5 (formerly 12 U.S.C. 635c) provided for payments to the Reconstruction Finance Corporation upon
the surrender of preferred stock for cancellation;
Sec. 10 (59 Stat. 529) provided for the repeal of sec. 9 of the Act of January 31, 1935 (49 Stat. 4,
ch. 2);
Sec. 12 (formerly 12 U.S.C. 635i) provided for the Export-Import Bank of the United States to succeed
the Export-Import Bank of Washington;
Sec. 13 (formerly 12 U.S.C. 635i-1) provided for special facilities in support of U.S. exports;
Sec. 14 (formerly 12 U.S.C. 635i-2) required that Congress be notified of certain decreases in
capital stock value;
Sec. 16 (formerly 12 U.S.C. 635i-4) provided for the public sales of bank loans.
--------------------------------------------------------------------------------------------------------------------------------------------------------
b. Export-Import Bank Reauthorization Act of 2002
Partial text of Public Law 107-189 [S. 1372], 116 Stat. 698, approved
June 14, 2002
AN ACT To reauthorize the Export-Import Bank of the United States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) This Act may be cited as the ``Export-Import Bank
Reauthorization Act of 2002''.
---------------------------------------------------------------------------
\1\ 12 U.S.C. 635 note.
Note.--Except for the provisions set out below, for
the most part the Export-Import Bank Act of 2002
amended the Export-Import Bank Act of 1945. Those
amendments have been incorporated into the relevant
sections of that Act.
* * * * * * *
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) Required Budget Subcategories.--Section 1105(a) of
title 31, United States Code, is amended by adding at the end
the following:
``(34) with respect to the amount of appropriations
requested for use by the Export-Import Bank of the
United States, a separate statement of the amount
requested for its program budget, the amount requested
for its administrativeexpenses, and of the amount
requested for its administrative expenses, the amount
requested for technology expenses.''.
(b) Sense of the Congress on the Importance of Technology
Improvements.--
(1) Findings.--The Congress finds that--
(A) the Export-Import Bank of the United
States is in great need of technology
improvements;
(B) part of the amount budgeted for
administrative expenses of the Bank is used for
technology initiatives and systems upgrades for
computer hardware and software purchases;
(C) the Bank is falling behind its foreign
competitor export credit agencies' proactive
technology improvements;
(D) small businesses disproportionately
benefit from improvements in technology;
(E) small businesses need improvements in
Bank technology in order to export transactions
quickly, with as little paperwork as possible,
and with a quick Bank turn-around time that
does not over strain the tight resources of
such businesses;
(F) the Bank intends to develop a number of
e-commerce initiatives aimed at improving
customer service, including web-based
application and claim filing procedures which
would reduce processing time, speed payment of
claims, and increase staff efficiency;
(G) the Bank is beginning the process of
moving insurance applications from an outdated
mainframe system to a modern, web-enabled
database, with new functionality including
credit scoring, portfolio management, work
flow, and e-commerce features to be added; and
(H) the Bank wants to continue its e-commerce
strategy, including developing a website,
expanding online applications, and establishing
a technology partnership between the public and
private sectors.
(2) Sense of the Congress.--It is the sense of the
Congress that emphasis should be placed on the
importance oftechnology improvements for the Export-
Import Bank of the United States, which are of
particular importance for smallbusinesses.
* * * * * * *
SEC. 8. TECHNOLOGY.
(a) Small Business.-- * * *
(b) Electronic Tracking of Pending Transactions.-- * * *
(c) \2\ Reports.--The Export-Import Bank of the United
States shall include in the annual report required by section
8(a) of the Export-Import Bank Act of 1945 for each of fiscal
years 2002 through 2006 a report on the efforts made by the
Bank to carry out subparagraphs (E)(x) and (J) of section
2(b)(1) of such Act, and on how the efforts are assisting small
businesses.
---------------------------------------------------------------------------
\2\ 12 U.S.C. 635g note.
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* * * * * * *
SEC. 10. EXPANSION OF AUTHORITY TO USE TIED AID CREDIT FUND.
(a) \3\ Untied Aid.--
(1) Negitations.--The Secretary of the Treasury shall
seek to negotiate an OECD Arrangement on Untied Aid.
Inthe negotiations, the Secretary should seek agreement
on subjecting untied aid to the rules governing the
Arrangement,including the rules governing disclosure.
---------------------------------------------------------------------------
\3\ 12 U.S.C. 635a note.
---------------------------------------------------------------------------
(2) Report to Congress.--Within 1 year after the date
of the enactment of this Act, the Secretary of the
Treasury shall submit to the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report on the successes, failures, and
obstacles in initiating negotiations, and if
negotiations were initiated, in reaching the agreement
described in paragraph (1).
(b) Market Windows.--
(1) In general.--The Export-Import Bank Act of 1945
(12 U.S.C. 635 et seq.) is amended by adding at the end
thefollowing new section: * * *
(2) \4\ Report.--Within 2 years after the date of the
enactment of this Act, the Secretary of the Treasury
shall submit to the Committee on Financial Services of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a
report on the rationale for seeking or not seeking
negotiations for multilateral disciplines and
transparency, the successes, failures, and obstacles in
initiating negotiations, and if negotiations were
initiated, in reaching an agreement.
---------------------------------------------------------------------------
\4\ 12 U.S.C. 635i-9 note.
---------------------------------------------------------------------------
(c) Use of Tied Aid Credit Fund to Combat Untied Aid.-- * *
*
(d) Definition of Market Window.-- * * *
* * * * * * *
SEC. 14.\5\ GAO REPORT ON COMPARATIVE RESERVE PRACTICES OF EXPORT
CREDIT AGENCIES AND PRIVATE BANKS.
Within 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to
the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report that examines the reserve
ratios of the Export-Import Bank of the United States as
compared with the reserve practices of private banks and
foreign export credit agencies.
---------------------------------------------------------------------------
\5\ 12 U.S.C. 635 note.
---------------------------------------------------------------------------
* * * * * * *
SEC. 20. SENSE OF THE CONGRESS.
It is the sense of the Congress that, when considering a
proposal for assistance for a project the cost of which is
$10,000,000 or more, the management of the Export-Import Bank
of the United States should have available for review a
detailed assessment of the potential human rights impact of the
proposed project.
* * * * * * *
SEC. 23. SENSE OF THE CONGRESS IN TRIBUTE TO JOHN E. ROBSON.
(a) Findings.--The Congress finds that--
(1) from his appointment in 2001 as President and
Chairman of the Export-Import Bank of the United States
untilhis death on March 20, 2002, John E. Robson
provided powerful leadership for that institution,
instilling his spirit of excellence within the Bank and
ensuring the Bank's role as a prominent player in the
trade and economic policy of the United States; and
(2) during his time at the Export-Import Bank of the
United States, John E. Robson served as a role model
for all of his colleagues with his dedication to the
institution, commitment to excellence, resolute sense
of integrity, and desire to leave the Bank a better
place than how he found it.
(b) Sense of the Congress.--The Congress is deeply saddened
by the death of John E. Robson, President and Chairman of the
Board of Directors of the Export-Import Bank of the United
States, and expresses to the family of John E. Robson its deep
appreciation for the contributions he made and the legacy he
leaves behind, and its heartfelt sorrow at his passing.
* * * * * * *
c. Export Expansion/Export Enhancement
(1) Export Enhancement Act of 1999
Partial text of Public Law 106-158 [H.R. 3381], 113 Stat. 1745,
approved December 9, 1999
AN ACT To reauthorize the Overseas Private Investment Corporation and
the Trade and Development Agency and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Export Enhancement Act of
1999''.
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\1\ 22 U.S.C. 2151 note.
\2\ Sec. 2 amended sec. 235(a)(2) of the Foreign Assistance Act of
1961. See Legislation on Foreign Relations Through 2005, vol. I-A.
\3\ Sec. 3 amended sec. 231A of the Foreign Assistance Act of 1961.
\4\ Sec. 4 amended sec. 233(b) of the Foreign Assistance Act of
1961.
\5\ Sec. 5 amended sec. 661 of the Foreign Assistance Act of 1961.
\6\ 15 U.S.C. 4727a.
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SEC. 2.\2\ OPIC ISSUING AUTHORITY. * * *
SEC. 3.\3\ IMPACT OF OPIC PROGRAMS. * * *
SEC. 4.\4\ BOARD OF DIRECTORS AT OPIC. * * *
SEC. 5.\5\ TRADE AND DEVELOPMENT AGENCY. * * *
SEC. 6.\6\ IMPLEMENTATION OF PRIMARY OBJECTIVES OF TPCC.
The Trade Promotion Coordinating Committee shall--
(1) report on the actions taken or efforts currently
underway to eliminate the areas of overlap and
duplication identified among Federal export promotion
activities;
(2) coordinate efforts to sponsor or promote any
trade show or trade fair;
(3) work with all relevant State and national
organizations, including the National Governors'
Association, that have established trade promotion
offices;
(4) report on actions taken or efforts currently
underway to promote better coordination between State,
Federal, and private sector export promotion
activities, including co-location, cost sharing between
Federal, State, and private sector export promotion
programs, and sharing of market research data; and
(5) by not later than March 20, 2000, and annually
thereafter, include the matters addressed in paragraphs
(1), (2), (3) and (4) in the annual report required to
be submitted under section 2312(f) of the Export
Enhancement Act of 1988 (15 U.S.C. 4727(f)).
SEC. 7.\7\ TIMING OF TPCC REPORTS. * * *
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\7\ Sec. 7 amended sec. 2312(f) of the Export Enhancement Act of
1988.
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* * * * * * *
(2) Fair Trade in Automotive Parts Act of 1998
Title XXXVIII of Public Law 105-261 [Strom Thurmond National Defense
Authorization Act, H.R. 3616], approved October 17, 1998
AN ACT To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS
SEC. 3801.\1\ SHORT TITLE.
This title may be cited as the ``Fair Trade in Automotive
Parts Act of 1998''.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 4701 note.
---------------------------------------------------------------------------
SEC. 3802.\2\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\2\ 15 U.S.C. 4705.
---------------------------------------------------------------------------
(1) Japanese markets.--The term ``Japanese markets''
refers to markets, including markets in the United
States and Japan, where automotive parts and
accessories, both original equipment and aftermarket,
are purchased for use in the manufacture or repair of
Japanese automobiles.
(2) Japanese and other asian markets.--The term
``Japanese and other Asian markets'' refers to markets,
including markets in the United States, Japan, and
other Asian countries, where automotive parts and
accessories, both original equipment and aftermarket,
are purchased for use in the manufacture or repair of
Japanese, United States, or other Asian automobiles.
SEC. 3803.\3\ RE-ESTABLISHMENT OF INITIATIVE ON AUTOMOTIVE PARTS SALES
TO JAPAN.
(a) In General.--The Secretary of Commerce shall re-establish
the initiative to increase the sale of United States-made
automotive parts and accessories to Japanese markets.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 4705a.
---------------------------------------------------------------------------
(b) Functions.--In carrying out this section, the Secretary
shall--
(1) foster increased access for United States-made
automotive parts and accessories to Japanese companies,
including specific consultations on access to Japanese
markets;
(2) facilitate the exchange of information between
United States automotive parts manufacturers and the
Japanese automobile industry;
(3) collect data and market information on the
Japanese automotive industry regarding needs, trends,
and procurement practices, including the types, volume,
and frequency of parts sales to Japanese automobile
manufacturers;
(4) establish contacts with Japanese automobile
manufacturers in order to facilitate contact between
United States automotive parts manufacturers and
Japanese automobile manufacturers;
(5) report on and attempt to resolve disputes,
policies, or practices, whether public or private, that
result in barriers to increased commerce between United
States automotive parts manufacturers and Japanese
automobile manufacturers;
(6) take actions to initiate periodic consultations
with officials of the Government of Japan regarding
sales of United States-made automotive parts in
Japanese markets; and
(7) transmit to Congress the annual report prepared
by the Special Advisory Committee under section
3804(c)(5).
SEC. 3804.\4\ ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON AUTOMOTIVE
PARTS SALES IN JAPANESE AND OTHER ASIAN MARKETS.
(a) In General.--The Secretary of Commerce shall seek the
advice of the United States automotive parts industry in
carrying out this title.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 4705b.
---------------------------------------------------------------------------
(b) Establishment of Committee.--The Secretary of Commerce
shall establish a Special Advisory Committee for purposes of
carrying out this title.
(c) Functions.--The Special Advisory Committee established
under subsection (b) shall--
(1) report to the Secretary of Commerce on barriers
to sales of United States-made automotive parts and
accessories in Japanese and other Asian markets;
(2) review and consider data collected on sales of
United States-made automotive parts and accessories in
Japanese and other Asian markets;
(3) advise the Secretary of Commerce during
consultations with other governments on issues
concerning sales of United States-made automotive parts
in Japanese and other Asian markets;
(4) assist in establishing priorities for the
initiative established under section 3803, and
otherwise provide assistance and direction to the
Secretary of Commerce in carrying out the intent of
that section; and
(5) assist the Secretary in reporting to Congress by
submitting an annual written report to the Secretary on
the sale of United States-made automotive parts in
Japanese and other Asian markets, as well as any other
issues with respect to which the Committee provides
advice pursuant to this title.
(d) Authority.--The Secretary of Commerce shall draw on
existing budget authority in carrying out this title.
SEC. 3805.\5\ EXPIRATION DATE.
The authority under this title shall expire on December 31,
2003.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 4705c.
---------------------------------------------------------------------------
* * * * * * *
(3) Export Enhancement Act of 1992
Partial text of Public Law 102-429 [H.R. 5739], 106 Stat. 2186,
approved October 21, 1992
AN ACT To reauthorize the Export-Import Bank of the United States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Export
Enhancement Act of 1992''.
---------------------------------------------------------------------------
\1\ 12 U.S.C. 635 note.
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents for this Act
is as follows: * * *
TITLE I--REAUTHORIZATION OF EXPORT-IMPORT BANK
SEC. 101.\1\ DECLARATION OF POLICY.
The Congress finds that--
(1) as the world's largest economy, the United States
has an enormous stake in the future of the global
trading system;
(2) exports are a crucial force driving the United
States economy;
(3) during 1991, the value of United States exports
increased by 7.1 percent from the 1990 level to
$421,600,000,000, supporting more than 7,000,000 full-
time United States jobs, and affecting the lives of all
of the people of the United States;
(4) exports also support the global strategic
position of the United States;
(5) a significant part of a country's influence is
drawn from the reputation of its goods, its industrial
connections with other countries, and the capital it
has available for investment, and trade finance is a
critical component of this equation;
(6) the growth in United States exports has increased
the demand for financing from the Export-Import Bank of
the United States;
(7) during 1991, the value of exports assisted by the
Export-Import Bank rose 28.7 percent, from
$9,700,000,000 to $12,100,000,000, the highest level
since 1981;
(8) the Export-Import Bank used its entire budget
authority provided for 1991, and still could not meet
all of the demand for its financing assistance; and
(9) accordingly, the charter of the Export-Import
Bank, which is scheduled to expire on September 30,
1992, must be renewed in order that the Bank continue
to arrange competitive and innovative financing for the
foreign sales of United States exporters.
SEC. 102. EXTENSION OF AUTHORITY.
Section 8 of the Export-Import Bank Act of 1945 (12 U.S.C.
635f) is amended by striking ``1992'' and inserting ``1997''.
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\2\ Sec. 103 amended the Export-Import Bank Act of 1945 through
sec. 15 (subsequently redesignated as sec. 10).
\3\ Secs. 104, 105, 107, 109(a), 110, 111, 112(a)-(d), 114, 116,
and 121(a) amended sec. 2 of the Export-Import Bank Act of 1945 (12
U.S.C. 635).
\4\ Sec. 106 added a new sec. 17 to the Export-Import Bank Act of
1945 (12 U.S.C. 635i-5), subsequently redesignated as sec. 11.
---------------------------------------------------------------------------
SEC. 103.\2\ TIED AID CREDIT FUND EXTENSION. * * *
SEC. 104.\3\ USE OF LOAN GUARANTEES. * * *
SEC. 105.\3\ EXPANDED USE OF LOAN GUARANTEES. * * *
SEC. 106.\4\ ENVIRONMENTAL POLICY. * * *
SEC. 107.\3\ INSURANCE-RELATED BUSINESS STEMMING FROM BANK ACTIVITIES.
* * *
SEC. 108.\5\ DEBT REDUCTION; ENTERPRISE FOR THE AMERICAS INITIATIVE. *
* *
---------------------------------------------------------------------------
\5\ Sec. 108 added a new sec. 18 to the Export-Import Bank Act of
1945 (12 U.S.C. 635i-6), subsequently redesignated as sec. 12.
---------------------------------------------------------------------------
SEC. 109.\6\ INCREASE IN AGGREGATE LOAN, GUARANTEE, AND INSURANCE
AUTHORITY. * * *
---------------------------------------------------------------------------
\6\ Sec. 109 amended sec. 2(c)(1) and sec. 7 of the Export-Import
Bank Act of 1945 (12 U.S.C. 635(c)(1) and (12 U.S.C. 635f),
respectively).
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SEC. 110.\3\ LIMITATION ON FINANCING FOR CERTAIN COUNTRIES. * * *
SEC. 111.\3\ CONDITIONAL ALLOWANCE OF ASSISTANCE FOR EXPORTS TO ANGOLA.
* * *
SEC. 112.\7\ FINANCING OF SALES OF DEFENSE ARTICLES OR SERVICES. * * *
---------------------------------------------------------------------------
\7\ Sec. 112 amended sec. 2(b)(6) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(6)) and repealed sec. 32 of the Arms Export
Control Act (22 U.S.C. 2772).
---------------------------------------------------------------------------
SEC. 113.\8\ INCREASE IN ADVISORY COMMITTEE MEMBERSHIP. * * *
---------------------------------------------------------------------------
\8\ Sec. 113 amended sec. 3(d)(1)(A) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635a(d)(1)(A)).
---------------------------------------------------------------------------
SEC. 114.\3\ FINANCING OF HIGH TECHNOLOGY EXPORTS TO EMERGING
DEMOCRACIES. * * *
SEC. 115.\9\ COOPERATION ON EXPORT FINANCING PROGRAMS. * * *
---------------------------------------------------------------------------
\9\ Sec. 115 added a new sec. 19 to the Export-Import Bank Act of
1945 (12 U.S.C. 635i-7), subsequently redesignated as sec. 13.
---------------------------------------------------------------------------
SEC. 116.\3\ ASSISTANCE FOR EXPORTS BY SMALL BUSINESSES. * * *
SEC. 117.\10\ COMPENSATION OF EMPLOYEES.
(a) In General.--The Board of Directors of the Export-
Import Bank of the United States may compensate not more than
35 employees of the Bank without regard to the provisions of
chapter 51 or subchapter III or VIII of chapter 53 of title 5,
United States Code.
---------------------------------------------------------------------------
\10\ 12 U.S.C. 635a note.
---------------------------------------------------------------------------
(b) \11\ Sunset.--Effective 2 years after the date of
enactment of this Act, subsection (a) is hereby repealed.
---------------------------------------------------------------------------
\11\ Title I of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
Stat. 2173), provided the following extension: ``* * * Provided
further, That, notwithstanding subsection (b) of section 117 of the
Export Enhancement Act of 1992, subsection (a) thereof shall remain in
effect until October 1, 2006.''.
Previously, similar extensions of sec. 117(a) had been provided in
the following Acts: Public Law 108-199 (118 Stat. 143); Public Law 108-
7 (117 Stat. 160); Public Law 107-115 (115 Stat. 2119); Public Law 106-
429 (114 Stat. 1900); Public Law 106-113 (113 Stat. 1535); Public Law
105-277 (112 Stat. 2681-150); Public Law 105-118 (111 Stat. 2387);
Public Law 104-208 (110 Stat. 3009-121); Public Law 104-107 (110 Stat.
705); and Public Law 103-306 (108 Stat. 1623).
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(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Export-Import Bank of the United
States shall submit a report to the Congress on--
(1) the recruitment and employee retention problems
of the Bank;
(2) any relief from such problems afforded by the
Office of Personnel Management;
(3) any use of the authority provided in subsection
(a); and
(4) the conclusions and recommendations of the Bank
with respect to--
(A) whether such problems have been
satisfactorily addressed; and
(B) whether or not the authority of
subsection (a) should be extended.
SEC. 118.\12\ REPORT ON REGIONAL OFFICES.
Not later than 1 year after the date of enactment of this
Act, the Export-Import Bank of the United States shall submit a
report to the Committee on Banking, Finance and Urban Affairs
\13\ of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the Bank's
plan to establish and operate regional offices. In addition,
the report shall consider the appropriateness of cooperating
with other Federal agencies and State and local organizations
in co-locating personnel of such agencies and organizations
with personnel of the Bank in such regional offices.
---------------------------------------------------------------------------
\12\ 12 U.S.C. 635a note.
\13\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
---------------------------------------------------------------------------
SEC. 119.\14\ REPORT ON FINANCING OF SERVICES.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Export-Import Bank of the United
States (in this section referred to as the ``Bank'') shall
submit a report to the Committee on Banking, Finance and Urban
Affairs and the Committee on Foreign Affairs of the House of
Representatives \15\ and the Committee on Banking, Housing, and
Urban Affairs of the Senate on ways of facilitating the export
financing of high technology services.
---------------------------------------------------------------------------
\14\ 12 U.S.C. 635a note.
\15\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives. Sec. 1(a)(5) of that Act provided that references to
the Committee on Foreign Affairs of the House of Representatives shall
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
(b) Contents.--The report required by subsection (a) shall
include--
(1) an analysis of the current export financing needs
of firms dealing in high technology services;
(2) an identification of the export financing support
provided by commercial lenders to finance the sale of
high technology services;
(3) an identification of the official export credit
programs in support of such exports of countries that
are major participants in the Organization for Economic
Cooperation and Development; and
(4) a review of the programs of the Bank to determine
how it can meet identified market needs of firms
dealing in high technology services.
(c) Definition.--For purposes of this section, the term
``high technology services'' means industries in which above
average percentages of scientists and engineers are employed,
and which have the highest direct research and development
expenditures per dollar of sales, including--
(1) computer programming and software services;
(2) data processing services; and
(3) computer related services.
SEC. 120.\16\ REPORT ON DEMAND FOR TRADE FINANCE FOR THE BALTIC STATES,
THE INDEPENDENT STATES OF THE FORMER SOVIET UNION,
AND CENTRAL AND EASTERN EUROPE.
---------------------------------------------------------------------------
\16\ 12 U.S.C. 635 note.
---------------------------------------------------------------------------
(a) Findings.--The Congress finds that--
(1) United States export participation in the
emerging markets in the independent States of the
former Soviet Union, Central and Eastern Europe, and
the Baltic States holds definite potential for
preserving and creating jobs in the United States and
strengthening the competitiveness of United States
exports;
(2) export assistance for United States goods
destined for emerging republics is an investment in the
development and establishment of their market
economies, a critical element in maintaining existing
United States businesses which export to the regions in
which such republics are located, and a significant
factor in the economic future of the United States and
such republics;
(3) the Export-Import Bank of the United States (in
this section referred to as the ``Bank'') has a unique
opportunity to play a leading role in assisting United
States exporters to participate in the rapidly changing
and highly competitive markets in the independent
States of the former Soviet Union, Central and Eastern
Europe, and the Baltic States; and
(4) it is in the interest of the United States for
the Bank to--
(A) monitor carefully the export assistance
programs and terms offered by foreign
governments for competitive exports; and
(B) make every effort to offer United States
business export assistance for transactions in
the independent States of the former Soviet
Union, Central and Eastern Europe, and the
Baltic States, that is comparable to the
assistance being provided by other governments.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Bank shall transmit to the Congress
a report analyzing the present and future demand for loans,
guarantees, and insurance for trade between the United States
and the Baltic States, between the United States and the
independent States of the former Soviet Union, and between the
United States and Central and Eastern Europe, and shall make
recommendations regarding the adequacy of financing for trade
between the United States and such countries. As used in this
section, the term ``independent States of the former Soviet
Union'' includes all successor states (other than the Baltic
States) to the Soviet Union.
SEC. 121.\17\ ELIMINATION OF OUTDATED PROVISIONS. * * *
---------------------------------------------------------------------------
\17\ Sec. 121 amended several sections of the Export-Import Bank
Act of 1945 to eliminate outdated provisions.
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TITLE II--EXPORT PROMOTION
SEC. 201.\18\ TRADE PROMOTION COORDINATING COMMITTEE. * * *
---------------------------------------------------------------------------
\18\ Sec. 201 added a new sec. 2312 to the Export Enhancement Act
of 1988 (15 U.S.C. 4727).
---------------------------------------------------------------------------
SEC. 202.\19\ ONE-STOP SHOPS. * * *
---------------------------------------------------------------------------
\19\ Secs. 202, 203, and 205 amended sec. 2301 of the Export
Enhancement Act of 1988 (15 U.S.C. 4721).
---------------------------------------------------------------------------
SEC. 203.\19\ COMMERCIAL SERVICE COOPERATION IN FEDERAL FINANCING AND
INSURANCE PROGRAMS. * * *
SEC. 204. ENVIRONMENTAL TRADE PROMOTION.
(a) \20\ TPCC Activities.--* * *
---------------------------------------------------------------------------
\20\ Sec. 204(a) added a new sec. 2313 to the Export Enhancement
Act of 1988 (15 U.S.C. 4728).
---------------------------------------------------------------------------
(b) \21\ Report on Insurance Feasibility.--Not later than 1
year after the date of enactment of this Act, the chairperson
of the Trade Promotion Coordinating Committee, after
consultation with the appropriate departments and agencies of
the United States Government, shall submit a report to the
Congress that analyzes--
---------------------------------------------------------------------------
\21\ 15 U.S.C. 4728 note.
---------------------------------------------------------------------------
(1) the extent to which Federal investment insurance
and export financing programs sufficiently protect
against business failures or default on obligations
arising from changes by a foreign government in its
environmental laws or regulations; and
(2) the advisability and feasibility of expanding the
coverage of such programs, or creating new programs, to
address such risks.
SEC. 205.\19\ RANK OF COMMERCIAL SERVICE OFFICERS. * * *
SEC. 206.\22\ REPORT ON EXPORT POLICY. * * *
---------------------------------------------------------------------------
\22\ Sec. 206 added a new sec. 2314 to the Export Enhancement Act
of 1988 (15 U.S.C. 4729).
---------------------------------------------------------------------------
SEC. 207.\23\ PROVISIONAL REPEAL OF AMENDMENTS.
In the event of the enactment of title II of H.R. 3489,
``An Act to reauthorize the Export Administration Act of 1979,
and for other purposes'', this title and the amendments made by
this title are repealed, effective on the date of enactment of
title II of H.R. 3489, ``An Act to reauthorize the Export
Administration Act of 1979, and for other purposes''.
---------------------------------------------------------------------------
\23\ H.R. 3489, Omnibus Export Amendments Act of 1992, including
title II relating to export promotion, was not enacted in the 102d
Congress. A conference report on the bill was filed on October 5, 1992,
as H. Rept. 102-1025, and printed in the Congressional Record, on that
date--see page H12184. The Export Administration Act of 1979 was
extended by Public Law 103-10 (107 Stat. 40) in the 103d Congress. That
law, however, did not enact text relating to export promotion.
---------------------------------------------------------------------------
SEC. 208.\24\ EXPORT PROMOTION AUTHORIZATION. * * *
---------------------------------------------------------------------------
\24\ Sec. 208 amended sec. 202 of the Export Administration
Amendments Act of 1985 (15 U.S.C. 4052) to authorize appropriations for
export promotion programs of the Department of Commerce for fiscal
years 1993 and 1994.
---------------------------------------------------------------------------
TITLE III--MISCELLANEOUS
SEC. 301.\25\ JOHN HEINZ COMPETITIVE EXCELLENCE AWARD. * * *
---------------------------------------------------------------------------
\25\ See 2 U.S.C. 831.
(4) Export Enhancement Act of 1988
Title II of Public Law 100-418 [H.R. 4848], 102 Stat. 1325, approved
August 23, 1988; as amended by Public Law 101-240 [International
Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492,
approved December 19, 1989; Public Law 102-429 [Export Enhancement Act
of 1992; H.R. 5739], 106 Stat. 2186, approved October 21, 1992; Public
Law 102-549 [Jobs Through Exports Act of 1992; H.R. 4996], 106 Stat.
3651, approved October 28, 1992; Public Law 103-236 [Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat.
382, approved April 30, 1994; Public Law 103-392 [Jobs Through Trade
Expansion Act of 1994; H.R. 4950], 108 Stat. 4098, approved October 22,
1994; Public Law 104-14 [H.R. 1421], 109 Stat. 186, approved June 3,
1995; Public Law 104-66 [Federal Reports Elimination and Sunset Act of
1995; S. 790], 109 Stat. 707, approved December 21, 1995; Public Law
104-288 [United States National Tourism Organization Act of 1996; H.R.
2579], 110 Stat. 3402, approved October 11, 1996; Public Law 105-261
[Strom Thurmond National Defense Authorization Act for Fiscal Year
1999; H.R. 3616], 112 Stat. 1920, approved October 17, 1998; Public Law
106-158 [Export Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745,
approved December 9, 1999; and Public Law 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 20, 2002
AN ACT To enhance the competitiveness of American industry, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) \1\ Short Title.--This Act may be cited as the ``Omnibus
Trade and Competitiveness Act of 1988''.
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2901 note. Other freestanding sections of Public Law
100-418 (102 Stat. 1107) are found in this volume on page 256.
---------------------------------------------------------------------------
(b) Table of Contents.--
Page
TITLE II--EXPORT ENHANCEMENT
Sec. 2001. Short title........................................... 1281
Subtitle A--Trade and Foreign Policy
part i--relations with certain countries
Sec. 2101. United States-Mexico Framework Agreement on Trade and
Investment..................................................... 1282
Sec. 2102. Relations with countries providing offensive weaponry
to belligerent countries in the Persian Gulf region............ 1282
part ii--fair trade in auto parts
Sec. 2121. Short title........................................... 1282
Sec. 2122. Definition............................................ 1282
Sec. 2123. Establishment of initiative on auto parts sales to
Japan.......................................................... 1282
Sec. 2124. Establishment of special advisory committee on auto
parts sales in Japan........................................... 1283
Sec. 2125. Expiration date....................................... 1284
Subtitle B--Export Enhancement
part i--general provisions
Sec. 2201. Commercial personnel at the American Institute of
Taiwan......................................................... 1284
Sec. 2202. Country reports on economic policy and trade practices 1284
Sec. 2203. Overseas Private Investment Corporation............... 1284
Sec. 2204. Trade and Development Agency.......................... 1284
Sec. 2205. Barter and countertrade............................... 1286
Sec. 2206. Protection of United States intellectual property..... 1288
Sec. 2207. Report on worker rights............................... 1288
Sec. 2208. Japanese importation of manufactured goods from less
developed countries............................................ 1288
Sec. 2209. Japan and the Arab boycott of Israel.................. 1289
Sec. 2210. Facilitation of jewelry trade......................... 1289
part ii--assistance to poland
[See Legislation on Foreign Relations Through 2005, vol. I-B]
Subtitle C--Export Promotion
Sec. 2301. United States and Foreign Commercial Service.......... 1289
Sec. 2302. Commercial Service officers and multilateral
development bank procurement [transferred to the International
Financial Institutions Act]
Sec. 2303. Market development cooperator program................. 1293
Sec. 2304. Trade shows........................................... 1295
Sec. 2305. Authorization of appropriations for export promotion
programs....................................................... 1296
Sec. 2306. United States and Foreign Commercial Service Pacific
Rim initiative................................................. 1296
Sec. 2307. Indian tribes export promotion........................ 1296
Sec. 2311. Report on export trading companies.................... 1297
Sec. 2312. Trade Promotion Coordinating Committee................ 1298
Sec. 2313. Environmental trade promotion......................... 1300
Sec. 2314. Report on export policy............................... 1305
Subtitle D--Export Controls
part i--export controls generally
Sec. 2424. Exports of domestically produced crude oil............ 1306
Sec. 2425. Procedures for license applications................... 1308
Sec. 2432. Monitoring of wood exports............................ 1308
Sec. 2433. Study on national security export controls............ 1308
part ii--multilateral export control enhancement
Sec. 2441. Short title........................................... 1309
Sec. 2442. Findings.............................................. 1310
Sec. 2443. Mandatory sanctions against Toshiba and Kongsberg..... 1310
Subtitle E--Miscellaneous Provisions
Sec. 2503. Budget Act............................................ 1311
TITLE II--EXPORT ENHANCEMENT
SEC. 2001.\2\ SHORT TITLE.
This title may be referred to as the ``Export Enhancement Act
of 1988''.
---------------------------------------------------------------------------
\2\ 15 U.S.C. 4701 note.
---------------------------------------------------------------------------
Subtitle A--Trade and Foreign Policy
part i--relations with certain countries
SEC. 2101. UNITED STATES-MEXICO FRAMEWORK AGREEMENT ON TRADE AND
INVESTMENT.
(a) Findings.--The Congress finds that the Bilateral
Framework Agreement on Trade and Investment, entered into by
the United States and Mexico on November 6, 1987--
(1) provides a useful vehicle for the management of
bilateral trade and investment relations, based on
shared principles and objectives;
(2) establishes procedures for consultation by the
two countries on matters of bilateral trade and
investment, and should facilitate resolution of
disputes on these matters; and
(3) has led to negotiations between the two countries
on important issues, and should continue to facilitate
such negotiations.
(b) Further Implementation of the Agreement.--Within the
context of the Bilateral Framework Agreement on Trade and
Investment, the President is urged to continue to pursue
consultations with representatives of the Government of Mexico
for the purposes of implementing the Agreement and achieving an
expansion of mutually beneficial trade and investment.
SEC. 2102. RELATIONS WITH COUNTRIES PROVIDING OFFENSIVE WEAPONRY TO
BELLIGERENT COUNTRIES IN THE PERSIAN GULF REGION.
It is the sense of the Congress that the President should use
all available appropriate leverage to persuade all countries to
desist from any further transfers of offensive weaponry, such
as Silkworm missiles, to any belligerent country in the Persian
Gulf region.
part ii--fair trade in auto parts
SEC. 2121.\3\ SHORT TITLE.
This part may be referred to as the ``Fair Trade in Auto
Parts Act of 1988''.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 4701 note.
---------------------------------------------------------------------------
SEC. 2122.\4\ DEFINITION.
For purposes of this part, the term ``Japanese markets''
refers to markets, including those in the United States and
Japan, where automotive parts and accessories, both original
equipment and aftermarket, are purchased for use in the
manufacture or repair of Japanese automobiles.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 4701.
---------------------------------------------------------------------------
SEC. 2123.\5\ ESTABLISHMENT OF INITIATIVE ON AUTO PARTS SALES TO JAPAN.
(a) In General.--The Secretary of Commerce shall establish
an initiative to increase the sale of United States-made auto
parts and accessories to Japanese markets.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 4702.
---------------------------------------------------------------------------
(b) Functions.--In carrying out this section, the Secretary
shall--
(1) foster increased access for United States-made
auto parts and accessories to Japanese companies,
including specific consultations on access to Japanese
markets;
(2) facilitate the exchange of information between
United States auto parts manufacturers and the Japanese
automobile industry;
(3) collect data and market information on the
Japanese automotive industry regarding needs, trends,
and procurement practices, including the types, volume,
and frequency of parts sales to Japanese automobile
manufacturers;
(4) establish contacts with Japanese automobile
manufacturers in order to facilitate contact between
United States auto parts manufacturers and Japanese
automobile manufacturers;
(5) report on and attempt to resolve disputes,
policies, or practices, whether public or private, that
result in barriers to increased commerce between United
States auto parts manufacturers and Japanese automobile
manufacturers;
(6) take actions to initiate periodic consultations
with officials of the Government of Japan regarding
sales of United States-made auto parts in Japanese
markets; and
(7) submit annual written reports or otherwise report
annually to the Congress on the sale of United States-
made auto parts in Japanese markets, including the
extent to which long-term, commercial relationships
exist between United States auto parts manufacturers
and Japanese automobile manufacturers.
SEC. 2124.\6\ ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON AUTO PARTS
SALES IN JAPAN.
(a) In General.--The Secretary of Commerce shall seek the
advice of the United States automotive parts industry in
carrying out this part.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 4703.
---------------------------------------------------------------------------
(b) Establishment of Committee.--The Secretary of Commerce
shall establish a Special Advisory Committee for purposes of
carrying out this part.
(c) Functions.--The Special Advisory Committee established
under subsection (b) shall--
(1) report to the Secretary of Commerce on barriers
to sales of United States-made auto parts and
accessories in Japanese markets;
(2) review and consider data collected on sales of
United States-made auto parts and accessories in
Japanese markets;
(3) advise the Secretary of Commerce during
consultations with the Government of Japan on issues
concerning sales of United States-made auto parts in
Japanese markets;
(4) assist in establishing priorities for the
initiative established under section 2123, and
otherwise provide assistance and direction to the
Secretary of Commerce in carrying out the intent of
that section; and
(5) assist the Secretary in reporting, or otherwise
report to the Congress as requested, on the progress of
sales of United States-made auto parts in Japanese
markets.
(d) Authority.--The Secretary of Commerce shall draw on
existing budget authority in carrying out this part.
SEC. 2125.\7\ EXPIRATION DATE.
The authorities under this part shall expire on December 31,
1998.\8\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 4704.
\8\ Sec. 510(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 465) extended this
date from December 31, 1993.
---------------------------------------------------------------------------
Subtitle B--Export Enhancement
part i--general provisions
SEC. 2201.\9\ COMMERCIAL PERSONNEL AT THE AMERICAN INSTITUTE OF TAIWAN.
The American Institute of Taiwan shall employ personnel to
perform duties similar to those performed by personnel of the
United States and Foreign Commercial Service. The number of
individuals employed shall be commensurate with the number of
United States personnel of the Commercial Service who are
permanently assigned to the United States diplomatic mission to
South Korea.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 3310a.
---------------------------------------------------------------------------
SEC. 2202.\10\ COUNTRY REPORTS ON ECONOMIC POLICY AND TRADE PRACTICES.
* * * [REPEALED--2002]
---------------------------------------------------------------------------
\10\ Sec. 671(1) of the Foreign Relations Authorization Act, Fiscal
Year 2003 [Public Law 107-228; 116 Stat. 1407], repealed sec. 2202,
which had required the Secretary of State to submit annual reports to
Congress on economic policy and trade practices of each country with
which the United States had an economic or trade relationship.
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SEC. 2203. OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Reaffirmation of Support for OPIC.--The Congress
reaffirms its support for the Overseas Private Investment
Corporation as a United States Government agency serving
important development assistance goals. In order to enhance the
Corporation's ability to meet these goals, the Overseas Private
Investment Corporation should increase its loan guaranty and
direct investment programs.
(b) * * *
(c) * * *
SEC. 2204. TRADE AND DEVELOPMENT PROGRAM.\11\
(a) Reaffirmation of Support for Trade and Development
Program.\11\ --The Congress reaffirms its support for the Trade
and Development Program,\11\ and believes that the Program's
\11\ ability to support high priority development projects in
developing countries would be enhanced by an increase in the
funds authorized for the Program \11\ as well as by a
clarification of the Program's \11\ status as a separate
component of the International Development Cooperation Agency.
---------------------------------------------------------------------------
\11\ Sec. 202(e) of Public Law 102-549 (106 Stat. 3657) provided
that ``Any reference in any law to the Trade and Development Program
shall be deemed to be a reference to the Trade and Development
Agency.''.
---------------------------------------------------------------------------
(b) Authorization and Uses of Funds; Establishment as
Separate Program.
(1) * * *
(2) * * *
(3) Funding levels.--In addition to funds otherwise
available to the President for purposes of section 661
of the Foreign Assistance Act of 1961--
(A) not less than $5,000,000 and not more
than $10,000,000 for fiscal year 1988 shall be
made available for such purposes, half of which
shall be derived from amounts available to
carry out section 108 of the Foreign Assistance
Act of 1961 for such fiscal year, and half of
which shall be derived from amounts available
to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 for such fiscal
year; and
(B) not less than $5,000,000 and not more
than $10,000,000 for fiscal year 1989 shall be
made available for such purposes, half of which
shall be derived from amounts available to
carry out section 108 of the Foreign Assistance
Act of 1961 for such fiscal year, and half of
which shall be derived from amounts available
to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 for such fiscal
year.
(4) Additional funding.--(A) In addition to the
amounts otherwise available to the President for
purposes of section 661 of the Foreign Assistance Act
of 1961 (including amounts available under paragraph
(3) of this subsection) for fiscal years 1988 and 1989,
there are authorized to be appropriated $10,000,000 for
each such fiscal year for education and training
programs undertaken in connection with projects under
section 661 of that Act, including the operating
expenses incurred in implementing such programs.
Particular emphasis shall be placed on including in
such programs nationals from the People's Republic of
China and the Republic of China (Taiwan). Assistance
may be provided for education and training under this
paragraph only if there is a reasonable expectation
that such education and training will result in
increased exports from the United States and will not
have a negative impact on employment in the United
States.
(B) Of the funds made available to carry out
subparagraph (A), 50 percent of such funds shall be
available only for education and training programs
administered in the United States by small business
concerns as defined under section 3 of the Small
Business Act (15 U.S.C. 632).
(c) * * *
(d) Administrative Provisions.--
(1) Pay of director of tdp.--Section 5314 of title 5,
United States Code, is amended by adding at the end the
following: * * *
(2) Transition provisions.--(A) The Administrator of
the Agency for International Development shall transfer
to the Director of the Trade and Development Program
\11\ all records, contracts, applications, and any
other documents or information in connection with the
functions transferred by virtue of the amendments made
by subsection (c)(1).\12\
---------------------------------------------------------------------------
\12\ Subsec. (c)(1) amended the Trade and Development Enhancement
Act of 1983 (title VI, Public Law 98-181).
---------------------------------------------------------------------------
(B) All determinations, regulations, and contracts--
(i) which have been issued, made, granted, or
allowed to become effective by the President,
the Agency for International Development, or by
a court of competent jurisdiction, in the
performance of the functions transferred by
virtue of the amendments made by subsection
(c)(1), and
(ii) which are in effect at the time this
section takes effect,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with the law by the President, the
Director of the Trade and Development Program,\11\ or
other authorized official, by a court of competent
jurisdiction, or by operation of law.
(C)(i) The amendments made by subsection (c)(1) shall
not affect any proceedings, including notices of
proposed rulemaking, or any application for any
financial assistance, which is pending on the effective
date of this section before the Agency for
International Development in the exercise of functions
transferred by virtue of the amendments made by
subsection (c)(1). Such proceedings and applications,
to the extent that they relate to functions so
transferred, shall be continued.
(ii) Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this section had
not been enacted. Orders issued in any such proceedings
shall continue in effect until modified, terminated,
superseded, or revoked by the Director of the Trade and
Development Program \11\ or other authorized official,
by a court of competent jurisdiction, or by operation
of law.
(iii) Nothing in this subparagraph shall be deemed to
prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to
the same extent that such proceeding could have been
discontinued or modified if this section had not been
enacted.
(iv) The Director of the Trade and Development
Program \11\ is authorized to issue regulations
providing for the orderly transfer to the Trade and
Development Program \11\ of proceedings continued under
this subparagraph.
(D) With respect to any function transferred by
virtue of the amendments made by subsection (c)(1) and
exercised on or after the effective date of this
section, reference in any other Federal law to the
Agency for International Development or any officer
shall be deemed to refer to the Trade and Development
Program \11\ or other official to which such function
is so transferred.
SEC. 2205.\13\ BARTER AND COUNTERTRADE.
(a) Interagency Group.--
---------------------------------------------------------------------------
\13\ 15 U.S.C. 4712.
---------------------------------------------------------------------------
(1) Establishment.--The President shall establish an
interagency group on countertrade, to be composed of
representatives of such departments and agencies of the
United States as the President considers appropriate.
The Secretary of Commerce shall be the chairman of the
interagency group.
(2) Functions.--It shall be the function of the
interagency group to--
(A) review and evaluate--
(i) United States policy on
countertrade and offsets, in light of
current trends in international
countertrade and offsets and the impact
of those trends on the United States
economy;
(ii) the use of countertrade and
offsets in United States exports and
bilateral United States foreign
economic assistance programs; and
(iii) the need for and the
feasibility of negotiating with other
countries, through the Organization for
Economic Cooperation and Development
and other appropriate international
organizations, to reach agreements on
the use of countertrade and offsets;
and
(B) make recommendations to the President and
the Congress on the basis of the review and
evaluation referred to in subparagraph (A).
(3) Sharing of information.--Other departments and
agencies of the United States shall provide to the
interagency group such information available to such
departments and agencies as the interagency group may
request, except that the requirements, including
penalties for violation thereof, for preserving the
confidentiality of such information which are
applicable to the officials, employees, experts, or
consultants of such departments and agencies shall
apply in the same manner to each member of the
interagency group and to any other person performing
any function under this subsection.
(b) Office of Barter.--
(1) Establishment--There is established, within the
International Trade Administration of the Department of
Commerce, the Office of Barter (hereafter in this
section referred to as the ``Office'').
(2) Director.--There shall be at the head of the
Office a Director, who shall be appointed by the
Secretary of Commerce.
(3) Staff.--The Secretary of Commerce shall transfer
such staff to the Office as the Secretary determines is
necessary to enable the Office to carry out its
functions under this section.
(4) Functions.--It shall be the function of the
Office to--
(A) monitor information relating to trends in
international barter;
(B) organize and disseminate information
relating to international barter in a manner
useful to business firms, educational
institutions, export-related Federal, State,
and local government agencies, and other
interested persons, including publishing
periodic lists of known commercial
opportunities for barter transactions
beneficial to United States enterprises;
(C) notify Federal agencies with operations
abroad of instances where it would be
beneficial to the United States for the Federal
Government to barter Government-owned surplus
commodities for goods and services purchased
abroad by the Federal Government; and
(D) provide assistance to enterprises seeking
barter and countertrade opportunities.
SEC. 2206. PROTECTION OF UNITED STATES INTELLECTUAL PROPERTY.
It is the sense of the Congress that--
(1) the Secretary of State should urge international
technical organizations, such as the World Intellectual
Property Organization, to provide expertise and
cooperate fully in developing effective standards, in
the General Agreement on Tariffs and Trade, for the
international protection of intellectual property
rights; and
(2) development assistance programs administered by
the Agency for International Development, especially
the reimbursable development program, should, in
cooperation with the Copyright Office and the Patent
and Trademark Office, include technical training for
officials responsible for the protection of patents,
copyrights, trademarks, and mask works in those
countries that receive such development assistance.
SEC. 2207. REPORT ON WORKER RIGHTS.
The Secretary of State shall conduct an in-depth study with a
view to improving the breadth, content, and utility of the
annual reports submitted to the Congress pursuant to section
505(c) of the Trade Act of 1974 regarding the status of
internationally recognized worker rights in foreign countries.
Not later than 6 months after the date of the enactment of this
Act, the Secretary shall submit a report to the Congress on the
findings of such study and shall include in the report
recommendations for upgrading the capacity of the United States
Government to monitor and report on other countries' respect
for such rights.
SEC. 2208. JAPANESE IMPORTATION OF MANUFACTURED GOODS FROM LESS
DEVELOPED COUNTRIES.
(a) Findings.--The Congress finds that--
(1) Japan's merchandise trade surplus rose from
$62,000,000,000 in fiscal year 1985 to $101,000,000,000
in fiscal year 1986;
(2) these surpluses pose a grave threat to the free
trade system;
(3) Japan's most important contribution to the
international trading system would be to commit itself
as a nation to import with vigor, just as it has
exported with vigor in recent decades;
(4) Japan should particularly increase its imports of
manufactured goods; and
(5) Japan's share of the exports of less developed
countries has declined from 10.6 percent in 1979 to
below 8 percent in 1985.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) by taking its proportionate share of the
manufactured exports of developing countries, Japan
will promote not only its economic development but the
economic conditions conducive to democracy;
(2) expanding markets for the manufactured exports of
less developed countries will directly benefit the
United States, and, if less developed countries are
able to increase exports to Japan, these countries will
be able to earn more of the hard currency needed to
service their foreign debt obligations and make the
investments necessary to chart a course of solid
economic growth; and
(3) if less developed countries are able to export
manufactured goods to Japan, they will be under less
pressure to divert exports to the United States market.
SEC. 2209. JAPAN AND THE ARAB BOYCOTT OF ISRAEL.
It is the sense of the Congress that the United States should
encourage the Government of Japan in its efforts to expand
trade relations with Israel and to end compliance by Japanese
commercial enterprises with the Arab economic boycott of
Israel.
SEC. 2210. FACILITATION OF JEWELRY TRADE.
It is the sense of the Congress that the United States should
become a party to the Convention on the Control and Marking of
Articles of Precious Metals in order to facilitate the efforts
of the United States jewelry industry in penetrating foreign
markets.
part ii--assistance to poland \14\
* * * * * * *
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\14\ Part II, cited as the ``American Aid to Poland Act of 1988'',
can be found in Legislation on Foreign Relations Through 2005, vol. I-
B.
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Subtitle C--Export Promotion
SEC. 2301.\15\ UNITED STATES AND FOREIGN COMMERCIAL SERVICE.
(a) Establishment.--
---------------------------------------------------------------------------
\15\ 15 U.S.C. 4721.
---------------------------------------------------------------------------
(1) In general.--The Secretary of Commerce shall
establish, within the International Trade
Administration, the United States and Foreign
Commercial Service. The Secretary shall, to the
greatest extent practicable, transfer to the Commercial
Service the functions and personnel of the United
States and Foreign Commercial Services.
(2) Assistant secretary of commerce and director
general; other personnel.--The head of the Commercial
Service shall be the Assistant Secretary of Commerce
and Director General of the Commercial Service, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Assistant
Secretary of Commerce and Director General of the
Commercial Service may appoint Commercial Service
Officers and such other personnel as may be necessary
to carry out the activities of the Commercial Service.
(3) Coordination with foreign policy objectives.--The
Secretary shall take the necessary steps to ensure that
the activities of the Commercial Service are carried
out in a manner consistent with United States foreign
policy objectives, and the Secretary shall consult
regularly with the Secretary of State in order to
comply with this paragraph.
(4) Authority of chief of mission.--All activities of
the Commercial Service shall be subject to section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927).
(b) Statement of Purpose.--The Commercial Service shall place
primary emphasis on the promotion of exports of goods and
services from the United States, particularly by small
businesses and medium-sized businesses, and on the protection
of United States business interests abroad by carrying out
activities such as--
(1) identifying United States businesses with the
potential to export goods and services and providing
such businesses with advice and information on
establishing export businesses;
(2) providing United States exporters with
information on economic conditions, market
opportunities, the status of the intellectual property
system in such country, and the legal and regulatory
environment within foreign countries;
(3) providing United States exporters with
information and advice on the necessary adaptation of
product design and marketing strategy to meet the
differing cultural and technical requirements of
foreign countries;
(4) providing United States exporters with actual
leads and an introduction to contacts within foreign
countries;
(5) assisting United States exporters in locating
reliable sources of business services in foreign
countries;
(6) assisting United States exporters in their
dealings with foreign governments and enterprises owned
by foreign governments; \16\
---------------------------------------------------------------------------
\16\ Sec. 202 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2201) struck out ``and'' at the end of para. (6);
struck out a period at the end of para. (7) and inserted in lieu
thereof a semicolon; and added para. (8).
---------------------------------------------------------------------------
(7) assisting the coordination of the efforts of
State and local agencies and private organizations
which seek to promote United States business interests
abroad so as to maximize their effectiveness and
minimize the duplication of efforts; \16\
(8) \16\ utilizing district and foreign offices as
one-stop shops for United States exporters by providing
exporters with information on all export promotion and
export finance activities of the Federal Government,
assisting exporters in identifying which Federal
programs may be of greatest assistance, and assisting
exporters in making contact with the Federal programs
identified; and
(9) \17\ providing United States exporters and export
finance institutions with information on all financing
and insurance programs of the Export-Import Bank of the
United States, the Overseas Private Investment
Corporation, the Trade and Development Program,\11\ and
the Small Business Administration, including providing
assistance in completing applications for such programs
and working with exporters and export finance
institutions to address any deficiencies in such
applications that have been submitted.
---------------------------------------------------------------------------
\17\ Sec. 203(a) of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2201) added para. (9).
---------------------------------------------------------------------------
(c) Offices.--
(1) In general.--The Commercial Service shall conduct
its activities at a headquarters office, district
offices located in major United States cities, and
foreign offices located in major foreign cities.
(2) Headquarters.--The headquarters of the Commercial
Service shall provide such managerial, administrative,
research, and other services as the Secretary considers
necessary to carry out the purposes of the Commercial
Service.
(3) District offices.--The Secretary shall establish
district offices of the Commercial Service in any
United States city in a region in which the Secretary
determines that there is a need for Federal Government
export assistance.
(4) Foreign offices.--(A) The Secretary may, after
consultation with the Secretary of State, establish
foreign offices of the Commercial Service. These
offices shall be located in foreign cities in regions
in which the Secretary determines there are significant
business opportunities for United States exporters.
(B) The Secretary may, in consultation with the
Secretary of State, assign to the foreign offices
Commercial Service Officers and such other personnel as
the Secretary considers necessary. In employing
Commercial Service Officers and such other personnel,
the Secretary shall use the Foreign Service personnel
system in accordance with the Foreign Service Act of
1980. The Secretary shall designate a Commercial
Officer as head of each foreign office.
(C) Upon the request of the Secretary, the Secretary
of State shall attach the Commercial Service Officers
and other employees of each foreign office to the
diplomatic mission of the United States in the country
in which that foreign office is located, and shall
obtain for them diplomatic privileges and immunities
equivalent to those enjoyed by Foreign Service
personnel of comparable rank and salary.
(D) For purposes of official representation, the
senior Commercial Service Officer in each country shall
be considered to be the senior commercial
representative of the United States in that country,
and the United States chief of mission in that country
shall accord that officer all privileges and
responsibilities appropriate to the position of senior
commercial representative of other countries.
(E) The Secretary of State is authorized, upon the
request of the Secretary, to provide office space,
equipment, facilities, and such other administrative
and clerical services as may be required for the
operation of the foreign offices. The Secretary is
authorized to reimburse or advance funds to the
Secretary of State for such services.
(F) The authority of the Secretary under this
paragraph shall be subject to section 103 of the
Diplomatic Security Act (22 U.S.C. 4802).
(d) Rank of Commercial Service Officers in Foreign
Missions.--
(1) Minister-counselor.--Notwithstanding any other
provision of law, the Secretary is authorized to
designate up to 16 \18\ United States missions abroad
at which the senior Commercial Service Officer will be
able to use the diplomatic title of Minister-Counselor.
The Secretary of State shall accord the diplomatic
title of Minister-Counselor to the senior Commercial
Service Officer assigned to a United States mission so
designated.
---------------------------------------------------------------------------
\18\ Sec. 205 of the Export Enhancement Act of 1992 (Public Law
102-429; 106 Stat. 2204) struck out ``8'' and inserted in lieu thereof
``16''.
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(2) Consul general.--In any United States consulate
in which a vacancy occurs in the position of Consul
General, the Secretary of State, in consultation with
the Secretary, shall consider filling that vacancy with
a Commercial Service Officer if the primary functions
of the consulate are of a commercial nature and if
there are significant business opportunities for United
States exporters in the region in which the consulate
is located.
(e) Information Dissemination.--In order to carry out
subsection (b)(7), to lessen the cost of distribution of
information produced by the Commercial Service, and to make
that information more readily available, the Secretary should
establish a system for distributing that information in those
areas where no district offices of the Commercial Service are
located. Distributors of the information should be State export
promotion agencies or private export and trade promotion
associations. The distribution system should be consistent with
cost recovery objectives of the Department of Commerce.
(f) \19\ Cooperation in Federal Financing and Insurance
Programs.--To assist the Commercial Service in carrying out
subsection (b)(9), and consistent with the provisions of
section 13 of the Export-Import Bank Act of 1945, the Export-
Import Bank of the United States, the Overseas Private
Investment Corporation, the Trade and Development Program,\11\
and the Small Business Administration shall each--
---------------------------------------------------------------------------
\19\ Sec. 203(b)(1) of the Export Enhancement Act of 1992 (Public
Law 102-429; 106 Stat. 2201) redesignated subsecs. (f) through (i) as
subsecs. (g) through (j), and sec. 203(b)(2) of that Act added a new
subsec. (f).
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(1) provide to the Commercial Service complete and
current information on all of its programs and
financing practices; and
(2) undertake a training program regarding such
programs and practices for Commercial Service Officers
who are designated by the Assistant Secretary of
Commerce and Director General of the Commercial
Service.
(g) \19\ Audits.--The Inspector General of the Department of
Commerce shall perform periodic audits of the operations of the
Commercial Service, but at least once every 3 years. The
Inspector General shall report to the Congress the results of
each such audit. In addition to an overview of the activities
and effectiveness of Commercial Service operations, the audit
shall include--
(1) an evaluation of the current placement of
domestic personnel and recommendations for transferring
personnel among district offices;
(2) an evaluation of the current placement of
foreign-based personnel and recommendations for
transferring such personnel in response to newly
emerging business opportunities for United States
exporters; and
(3) an evaluation of the personnel system and its
management, including the recruitment, assignment,
promotion, and performance appraisal of personnel, the
use of limited appointees, and the ``time-in-class''
system.
(h) \19\ Report by the Secretary.--Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall submit a report to the Congress on the feasibility and
desirability, the progress to date, the present status, and the
5-year outlook, of the comprehensive integration of the
functions and personnel of the foreign and domestic export
promotion operations within the International Trade
Administration of the Department of Commerce.
(i) \19\ Pay of Assistant Secretary and Director General.--
Section 5315 of title 5, United States Code, is amended by
adding at the end the following:
``Assistant Secretary of Commerce and Director
General of the United States and Foreign Commercial
Service.''.
(j) \19\ Definitions.--For purposes of this section--
(1) the term ``Secretary'' means the Secretary of
Commerce;
(2) the term ``Commercial Service'' means the United
States and Foreign Commercial Service;
(3) the term ``United States exporter'' means--
(A) a United States citizen;
(B) a corporation, partnership, or other
association created under the laws of the
United States or of any State; or
(C) a foreign corporation, partnership, or
other association, more than 95 percent of
which is owned by persons described in
subparagraphs (A) and (B),
that exports, or seeks to export, goods or services
produced in the United States;
(4) the term ``small business'' means any small
business concern as defined under section 3 of the
Small Business Act (15 U.S.C. 632);
(5) the term ``State'' means any of the several
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States; and
(6) the term ``United States'' means the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 2302.\20\ COMMERCIAL SERVICE OFFICERS AND MULTILATERAL DEVELOPMENT
BANK PROCUREMENT. * * * [TRANSFERRED--1989]
---------------------------------------------------------------------------
\20\ Sec. 541(b)(1) of the International Development and Finance
Act of 1989 (Public Law 101-240; 103 Stat. 2517) transferred sec. 2302
(15 U.S.C. 4722) to the International Financial Institutions Act,
redesignated as sec. 1803 and recodified at 22 U.S.C. 262s-2.
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SEC. 2303.\21\ MARKET DEVELOPMENT COOPERATOR PROGRAM.
(a) Authority of Secretary of Commerce.--In order to promote
further the exportation of goods and services from the United
States, the Secretary of Commerce is authorized to establish,
in the International Trade Administration of the Department of
Commerce, a Market Development Cooperator Program. The purpose
of the program is to develop, maintain, and expand foreign
markets for nonagricultural goods and services produced in the
United States.
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\21\ 15 U.S.C. 4723. See also United States Commercial Centers,
sec. 401 of the Jobs Through Exports Act of 1992 (Public Law 102-549;
106 Stat. 3661).
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(b) Implementation of the Program.--The Secretary of Commerce
shall carry out the Market Development Cooperator Program by
entering into contracts with--
(1) nonprofit industry organizations,
(2) trade associations,
(3) State departments of trade and their regional
associations, including centers for international trade
development, and
(4) private industry firms or groups of firms in
cases where no entity described in paragraph (1), (2),
or (3) represents that industry,
(in this section referred to as ``cooperators'') to engage in
activities in order to carry out the purpose of the Market
Development Cooperator Program set forth in subsection (a). The
costs of activities under such a contract shall be shared
equitably among the Department of Commerce, the cooperator
involved, and, whenever appropriate, foreign businesses. The
Department of Commerce shall undertake to support direct costs
of activities under such a contract, and the cooperator shall
undertake to support indirect costs of such activities.
Activities under such a contract shall be carried out by the
cooperator with the approval and assistance of the Secretary.
(c) Cooperator Partnership Program.--
(1) In general.--(A) As part of the Market
Development Cooperator Program established under
subsection (a), the Secretary of Commerce shall
establish a partnership program with cooperators under
which a cooperator may detail individuals, subject to
the approval of the Secretary, to the United States and
Foreign Commercial Service for a period of not less
than 1 year or more than 2 years to supplement the
Commercial Service.
(B) Any individual detailed to the United States and
Foreign Commercial Service under this subsection shall
be responsible for such duties as the Secretary may
prescribe in order to carry out the purpose of the
Market Development Cooperator Program set forth in
subsection (a).
(C) Individuals detailed to the United States and
Foreign Commercial Service under this subsection shall
not be considered to be employees of the United States
for the purposes of any law administered by the Office
of Personnel Management, except that the Secretary of
State may determine the applicability to such
individuals of section 2(f) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(f)) and
of any other law administered by the Secretary of State
concerning the detail of such individuals abroad.
(2) Qualifications of participants.--In order to
qualify for the program established under this
subsection, individuals shall have demonstrated
expertise in the international business arena in at
least 2 of the following areas: marketing, market
research, and computer data bases.
(3) Expenses of the program.--(A) The cooperator who
details an individual to the United States and Foreign
Commercial Service under this subsection shall be
responsible for that individual's salary and related
expenses, including health care, life insurance, and
other noncash benefits, if any, normally paid by such
cooperator.
(B) The Secretary of Commerce shall pay
transportation and housing costs for each individual
participating in the program established under this
subsection.
(d) Budget Act.--Contracts may be entered into under this
section in a fiscal year only to such extent or in such amounts
as are provided in appropriations Acts.
SEC. 2304.\22\ TRADE SHOWS.
(a) Authority of the Secretary of Commerce.--In order to
facilitate exporting by United States businesses, the Secretary
of Commerce shall provide assistance for trade shows in the
United States which bring together representatives of United
States businesses seeking to export goods or services produced
in the United States and representatives of foreign companies
or governments seeking to buy such goods or services from these
United States businesses.
---------------------------------------------------------------------------
\22\ 15 U.S.C. 4724.
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(b) Recipients of Assistance.--Assistance under subsection
(a) may be provided to--
(1) nonprofit industry organizations,
(2) trade associations,
(3) foreign trade zones, and
(4) private industry firms or groups of firms in
cases where no entity described in paragraph (1), (2),
or (3) represents that industry,
to provide the services necessary to operate trade shows
described in subsection (a).
(c) Assistance to Small Businesses.--In providing assistance
under this section, the Secretary of Commerce shall, in
consultation with the Administrator of the Small Business
Administration, make special efforts to facilitate
participation by small businesses and companies new to export.
(d) Uses of Assistance.--Funds appropriated to carry out this
section shall be used to--
(1) identify potential participants for trade show
organizers,
(2) provide information on trade shows to potential
participants,
(3) supply language services for participants, and
(4) provide information on trade shows to small
businesses and companies new to export.
(e) Definitions.--As used in this section--
(1) the term ``United States business'' means--
(A) a United States citizen;
(B) a corporation, partnership, or other
association created under the laws of the
United States or of any State (including the
District of Columbia or any commonwealth,
territory, or possession of the United States);
or
(C) a foreign corporation, partnership, or
other association, more than 95 percent of
which is owned by persons described in
subparagraphs (A) and (B); and
(2) the term ``small business'' means any small
business concern as defined under section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 2305. AUTHORIZATION OF APPROPRIATIONS FOR EXPORT PROMOTION
PROGRAMS.
(a) * * *
(b) Authorization of Appropriations.--(1) * * *
(2) In addition to funds otherwise available, there are
authorized to be appropriated to the Department of Commerce to
carry out sections 2303 and 2304 of this Act $6,000,000 for
each of the fiscal years 1988, 1989, and 1990.
SEC. 2306.\23\ UNITED STATES AND FOREIGN COMMERCIAL SERVICE PACIFIC RIM
INITIATIVE.
(a) In General.--In order to encourage the export of United
States goods and services to Japan, South Korea, and Taiwan,
the United States and Foreign Commercial Service shall make a
special effort to--
---------------------------------------------------------------------------
\23\ 15 U.S.C. 4725.
---------------------------------------------------------------------------
(1) identify United States goods and services which
are not being exported to the markets of Japan, South
Korea, and Taiwan but which could be exported to these
markets under competitive market conditions;
(2) identify and notify United States persons who
sell or provide such goods or services of potential
opportunities identified under paragraph (1);
(3) present, periodically, a list of the goods and
services identified under paragraph (1), together with
a list of any impediments to the export of such goods
and services, to appropriate authorities in Japan,
South Korea, and Taiwan, with a view toward
liberalizing markets to such goods and services;
(4) facilitate the entrance into such markets by
United States persons identified and notified under
paragraph (2); and
(5) monitor and evaluate the results of efforts to
increase the sale of goods and services in such
markets.
(b) Reports to the Congress.--The Secretary of Commerce shall
report periodically to the Congress on activities carried out
under subsection (a).
(c) Definition.--As used in this section, the term ``United
States person'' means--
(1) a United States citizen; or
(2) a corporation, partnership, or other association
created under the laws of the United States or any
State (including the District of Columbia or any
commonwealth, territory, or possession of the United
States).
SEC. 2307.\24\ INDIAN TRIBES EXPORT PROMOTION.
(a) Assistance Authorized.--The Secretary of Commerce is
authorized to provide assistance to eligible entities for the
development of foreign markets for authentic American Indian
arts and crafts. Eligible entities under this section include
Indian tribes, tribal organizations, tribal enterprises, craft
guilds, marketing cooperatives, and individual Indian-owned
businesses.
---------------------------------------------------------------------------
\24\ 15 U.S.C. 4726.
---------------------------------------------------------------------------
(b) Activities Eligible for Assistance.--Activities eligible
for assistance under this section include, but are not limited
to, conduct of market surveys, development of promotional
materials, financing of trade missions, participation in
international trade fairs, direct marketing, and other market
development activities.
(c) Administration of Assistance.--Assistance under this
section shall be administered by the Secretary of Commerce
under guidelines developed by the Secretary. Priority shall be
given to projects which support the establishment of long term,
stable international markets for American Indian arts and
crafts and which are designed to provide the greatest economic
benefit to American Indian artisans.
(d) Technical and Other Assistance.--The Secretary of
Commerce shall provide technical assistance and support
services to applicants eligible for and entities receiving
assistance under this section for the purpose of helping them
in identifying and entering appropriate foreign markets,
complying with foreign and domestic legal and banking
requirements regarding the export and import of arts and
crafts, and utilizing import and export financial arrangements,
and shall provide such other assistance as may be necessary to
support the development of export markets for American Indian
arts and crafts.
(e) Limitation on Assistance.--No assistance shall be
provided under this section in support of any activity which
includes the sale or marketing of any craft items other than
authentic arts and crafts hand made or hand crafted by American
Indian artisans.
* * * * * * *
SEC. 2311.\25\ REPORT ON EXPORT TRADING COMPANIES.
Not later than 18 months after the date of the enactment of
this Act, the Secretary of Commerce shall submit a report to
the Committee on Banking, Housing, and Urban Affairs of the
Senate, and to the Committee on Banking, Finance and Urban
Affairs, the Committee on Foreign Affairs, and the Committee on
the Judiciary of the House of Representatives,\26\ on the
activities of the Department of Commerce to promote and
encourage the formation of new and the operation of existing
and new export promotion intermediaries, including export
management companies, export trade associations, bank export
trading companies, and export trading companies. The report
shall include a survey of the activities of export management
companies, export trade associations, and those bank export
trading companies and export trading companies established
pursuant to the amendments made by title II of the Export
Trading Company Act of 1982, and pursuant to title III of that
Act. The report shall not contain any information subject to
the protections from disclosure provided in that Act.
---------------------------------------------------------------------------
\25\ 15 U.S.C. 4011 note.
\26\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives. Sec. 1(a)(5) of that Act further provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations.
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SEC. 2312.\27\ TRADE PROMOTION COORDINATING COMMITTEE.
(a) Establishment and Purpose.--The President shall
establish the Trade Promotion Coordinating Committee (hereafter
in this section referred to as the ``TPCC''). The purpose of
the TPCC shall be--
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\27\ 15 U.S.C. 4727. Sec. 201 of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2199) added sec. 2312. Sec. 6 of Public
Law 106-158 (15 U.S.C. 4727a) added additional TPCC implementation
requirements. See page 1269, this volume, for the text of sec. 6.
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(1) to provide a unifying framework to coordinate the
export promotion and export financing activities of the
United States Government; and
(2) to develop a governmentwide strategic plan for
carrying out Federal export promotion and export
financing programs.
(b) Duties.--The TPCC shall--
(1) coordinate the development of the trade promotion
policies and programs of the United States Government;
(2) provide a central source of information for the
business community on Federal export promotion and
export financing programs;
(3) coordinate official trade promotion efforts to
ensure better delivery of services to United States
businesses, including--
(A) information and counseling on United
States export promotion and export financing
programs and opportunities in foreign markets;
(B) representation of United States business
interests abroad; and
(C) assistance with foreign business contacts
and projects;
(4) prevent unnecessary duplication in Federal export
promotion and export financing activities;
(5) assess the appropriate levels and allocation of
resources among agencies in support of export promotion
and export financing and provide recommendations to the
President based on its assessment; and
(6) carry out such other duties as are deemed to be
appropriate, consistent with the purpose of the TPCC.
(c) Strategic Plan.--To carry out subsection (b), the TPCC
shall develop and implement a governmentwide strategic plan for
Federal trade promotion efforts. Such plan shall--
(1) establish a set of priorities for Federal
activities in support of United States exports and
explain the rationale for the priorities;
(2) review current Federal programs designed to
promote the sale of United States exports in light of
the priorities established under paragraph (1) and
develop a plan to bring such activities into line with
the priorities and to improve coordination of such
activities;
(3) identify areas of overlap and duplication among
Federal export promotion activities and propose means
of eliminating them;
(4) propose to the President an annual unified
Federal trade promotion budget that supports the plan
for priority activities and improved coordination
established under paragraph (2) and eliminates funding
for the areas of overlap and duplication identified
under paragraph (3); \28\
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\28\ Sec. 8 of Public Law 104-288 (110 Stat. 3407) struck out
``and'' at the end of para. (4), struck out the period at the end of
para. (5) and inserted in lieu thereof ``; and'', and added a new para.
(6).
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(5) review efforts by the States (as defined in
section 2301(i)) to promote United States exports and
propose means of developing cooperation between State
and Federal efforts, including co-location, cost-
sharing between Federal and State export promotion
programs, and sharing of market research data; and \28\
(6) \28\ reflect the recommendations of the United
States National Tourism Organization to the degree
considered appropriate by the TPCC.
(d) Membership.--
(1) In general.--Members of the TPCC shall include
representatives from--
(A) the Department of Commerce;
(B) the Department of State;
(C) the Department of the Treasury;
(D) the Department of Agriculture;
(E) the Department of Energy;
(F) the Department of Transportation;
(G) the Office of the United States Trade
Representative;
(H) the Small Business Administration;
(I) the Agency for International Development;
(J) the Trade and Development Program;
(K) the Overseas Private Investment
Corporation;
(L) the Export-Import Bank of the United
States; and
(M) at the discretion of the President, such
other departments or agencies as may be
necessary.
(2) Chairperson.--The Secretary of Commerce shall
serve as the chairperson of the TPCC.
(e) Member Qualifications.--Members of the TPCC shall be
appointed by the heads of their respective departments or
agencies. Such members, as well as alternates designated by any
members unable to attend a meeting of the TPCC, shall be
individuals who exercise significant decisionmaking authority
in their respective departments or agencies.
(f) \29\ Report to the Congress.--The chairperson of the
TPCC shall prepare and submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate, and the Committee on
International Relations of the House of Representatives, not
later than March 30 of each year,\30\ a report describing--
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\29\ Sec. 1022(a) of Public Law 104-66 (109 Stat. 713) amended and
restated subsec. (f), which formerly read as follows:
``(f) Report to the Congress.--The chairperson of the TPCC shall
prepare and submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate, and the Committee on Foreign Affairs of the
House of Representatives, not later than September 30, 1993, and
annually thereafter, a report describing the strategic plan developed
by the TPCC pursuant to subsection (c), the implementation of such
plan, and any revisions thereto.''.
\30\ Sec. 7 of the Export Enhancement Act of 1999 (Public Law 106-
158; 113 Stat. 1745) struck out ``September 30, 1995, and annually
thereafter,'' and inserted in lieu thereof ``March 30 of each year,''.
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(1) the strategic plan developed by the TPCC pursuant
to subsection (c), the implementation of such plan, and
any revisions thereto; and
(2) the implementation of sections 303 and 304 of the
Freedom for Russia and Emerging Democracies and Open
Markets Support Act of 1992 (22 U.S.C. 5823 and 5824)
concerning funding for export promotion activities and
the interagency working groups on energy of the TPCC.
SEC. 2313.\31\ ENVIRONMENTAL TRADE PROMOTION.
(a) Statement of Policy.--It is the policy of the United
States to foster the export of United States environmental
technologies, goods, and services. In exercising their powers
and functions, all appropriate departments and agencies of the
United States Government shall encourage and support sales of
such technologies, goods, and services.
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\31\ 15 U.S.C. 4728. Sec. 204(a) of the Export Enhancement Act of
1992 (Public Law 102-429; 106 Stat. 2202) added sec. 2313. Sec. 204(b)
of that Act (15 U.S.C. 4728 note) provided the following:
``(b) Report on Insurance Feasibility.--Not later than 1 year after
the date of enactment of this Act, the chairperson of the Trade
Promotion Coordinating Committee, after consultation with the
appropriate departments and agencies of the United States Government,
shall submit a report to the Congress that analyzes--
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``(1) the extent to which Federal investment insurance and export
financing programs sufficiently protect against business failures or
default on obligations arising from changes by a foreign government in its
environmental laws or regulations; and
``(2) the advisability and feasibility of expanding the coverage of such
programs, or creating new programs, to address such risks.''.
(b) Environmental Trade Working Group of the Trade
Promotion Coordination Committee.--
(1) Establishment and purpose.--The President shall
establish the Environmental Trade Promotion Working
Group (hereafter in this section referred to as the
``Working Group'') as a subcommittee of the Trade
Promotion Coordination Committee (hereafter in this
section referred to as the ``TPCC''), established under
section 2312. The purpose of the Working Group shall
be--
(A) to address all issues with respect to the
export promotion and export financing of United
States environmental technologies, goods, and
services; and
(B) to develop a strategy for expanding
United States exports of environmental
technologies, goods, and services.
(2) Membership.--The members of the Working Group
shall be--
(A) representatives of the departments and
agencies that are represented on the TPCC, who
are designated by the head of their respective
departments or agencies to advise the head of
such department or agency on ways of promoting
the export of United States environmental
technologies, goods, and services; and
(B) a representative of the Environmental
Protection Agency.
(3) Chairperson.--The Secretary of Commerce
(hereafter in this section referred to as the
``Secretary'') shall designate the chairperson of the
Working Group from among senior employees of the
Department of Commerce. The chairperson shall--
(A) assess the effectiveness of United States
Government programs for the promotion of
exports of environmental technologies, goods,
and services;
(B) recommend improvements to such programs,
including regulatory changes or additional
authority that may be necessary to improve the
promotion of exports of environmental
technologies, goods, and services;
(C) ensure that the members of the Working
Group coordinate their environmental trade
promotion programs, including feasibility
studies, technical assistance, training
programs, business information services, and
export financing; and
(D) assess, jointly with the Working Group
representative of the Environmental Protection
Agency, the extent to which the environmental
trade promotion programs of the Working Group
advance the environmental goals established in
``Agenda 21'' by the United Nations Conference
on Environment and Development held at Rio de
Janeiro, and in other international
environmental agreements.
(4) Report to congress.--The chairperson of the TPCC
shall include a report on the activities of the Working
Group as a part of the annual report submitted to the
Congress by the TPCC.
(c) \32\ Environmental Technologies Trade Advisory
Committee.--
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\32\ Sec. 402(a)(1) of the Environmental Export Promotion Act of
1994 (title IV of Public Law 103-392; 108 Stat. 4099) struck out
subsec. (d), which had provided for the designation of Foreign
Commercial Service officers to serve as Environmental Export Assistance
Officers abroad. That section further redesignated subsec. (c) of this
section as subsec. (e), and added new subsecs. (c) and (d).
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(1) Establishment and purpose.--The Secretary, in
carrying out the duties of the chairperson of the TPCC,
shall establish the Environmental Technologies Trade
Advisory Committee (hereafter in this section referred
to as the ``Committee''). The purpose of the Committee
shall be to provide advice and guidance to the Working
Group in the development and administration of programs
to expand United States exports of environmental
technologies, goods, and services and products that
comply with United States environmental, safety, and
related requirements.
(2) Membership.--The members of the Committee shall
be drawn from representatives of--
(A) environmental businesses, including small
businesses;
(B) trade associations in the environmental
sector;
(C) private sector organizations involved in
the promotion of environmental exports,
including products that comply with United
States environmental, safety, and related
requirements;
(D) States (as defined in section 2301(i)(5))
and associations representing the States; and
(E) other appropriate interested members of
the public, including labor representatives.
The Secretary shall appoint as members of the Committee
at least 1 individual under each of subparagraphs (A)
through (E).
(d) \32\ Export Plans for Priority Countries.--
(1) Priority country identification.--The Working
Group, in consultation with the Committee, shall
annually assess which foreign countries have markets
with the greatest potential for the export of United
States environmental technologies, goods, and services.
Of these countries the Working Group shall select as
priority countries 5 with the greatest potential for
the application of United States Government export
promotion resources related to environmental exports.
(2) Export plans.--The Working Group, in consultation
with the Committee, shall annually create a plan for
each priority country selected under paragraph (1),
setting forth in detail ways to increase United States
environmental exports to such country. Each such plan
shall--
(A) identify the primary public and private
sector opportunities for United States
exporters of environmental technologies, goods,
and services in the priority country;
(B) analyze the financing and other
requirements for major projects in the priority
country which will use environmental
technologies, goods, and services, and analyze
whether such projects are dependent upon
financial assistance from foreign countries or
multilateral institutions; and
(C) list specific actions to be taken by the
member agencies of the Working Group to
increase United States exports to the priority
country.
(e) \32\ Trade Information.--In support of the work of the
Working Group, the Secretary shall, as part of the regular
market survey and information services activities of the
Department of Commerce, make available--
(1) information on existing and emerging markets and
market trends for environmental technologies, goods,
and services; and
(2) a description of the export promotion programs
for environmental technologies, goods, and services of
the agencies that are represented on the Working Group.
(f) \33\ Environmental Technologies Specialists in the
United States and Foreign Commercial Service.--
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\33\ Sec. 402(b) of the Environmental Export Promotion Act of 1994
(title IV of Public Law 103-392; 108 Stat. 4100) added subsecs. (f)
through (k).
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(1) Assignment of environmental technologies
specialists.--The Secretary shall assign a specialist
in environmental technologies to the office of the
United States and Foreign Commercial Service in each of
the 5 priority countries selected under subsection
(d)(1), and the Secretary is authorized to assign such
a specialist to the office of the United States and
Foreign Commercial Service in any country that is a
promising market for United States exports of
environmental technologies, goods, and services. Such
specialist may be an employee of the Department, an
employee of any relevant United States Government
department or agency assigned on a temporary or limited
term basis to the Commerce Department, or a
representative of the private sector assigned to the
Department of Commerce.
(2) Duties of environmental technologies
specialists.--Each specialist assigned under paragraph
(1) shall provide export promotion assistance to United
States environmental businesses, including, but not
limited to--
(A) identifying factors in the country to
which the specialist is assigned that affect
the United States share of the domestic market
for environmental technologies, goods, and
services, including market barriers, standards-
setting activities, and financing issues;
(B) providing assessments of assistance by
foreign governments that is provided to
producers of environmental technologies, goods,
and services in such countries in order to
enhance exports to the country to which the
specialist is assigned, the effectiveness of
such assistance on the competitiveness of
United States products, and whether comparable
United States assistance exists;
(C) training Foreign Commercial Service
Officers in the country to which the specialist
is assigned, other countries in the region, and
United States and Foreign Commercial Service
offices in the United States, in environmental
technologies and the international
environmental market;
(D) providing assistance in identifying
potential customers and market opportunities in
the country to which the specialist is
assigned;
(E) providing assistance in obtaining
necessary business services in the country to
which the specialist is assigned;
(F) providing information on environmental
standards and regulations in the country to
which the specialist is assigned;
(G) providing information on all United
States Government programs that could assist
the promotion, financing, and sale of United
States environmental technologies, goods, and
services in the country to which the specialist
is assigned; and
(H) promoting the equal treatment of United
States environmental, safety, and related
requirements, with those of other exporting
countries, in order to promote exports of
United States-made products.
(g) \33\ Environmental Training in One-Stop Shops.--In
addition to the training provided under subsection (f)(2)(C),
the Secretary shall establish a mechanism to train--
(1) Commercial Service Officers assigned to the one-
stop shops provided for in section 2301(b)(8), and
(2) Commercial Service Officers assigned to district
offices in districts having large numbers of
environmental businesses, in environmental technologies
and in the international environmental marketplace, and
ensure that such officers receive appropriate training
under such mechanism. Such training may be provided by
officers or employees of the Department of Commerce,
and other United States Government departments and
agencies, with appropriate expertise in environmental
technologies and the international environmental
workplace, and by appropriate representatives of the
private sector.
(h) \33\ International Regional Environmental
Initiatives.--
(1) Establishment of initiatives.--The TPCC may
establish one or more international regional
environmental initiatives the purpose of which shall be
to coordinate the activities of Federal departments and
agencies in order to build environmental partnerships
between the United States and the geographic region
outside the United States for which such initiative is
established. Such partnerships shall enhance
environmental protection and promote sustainable
development by using in the region technical expertise
and financial resources of United States departments
and agencies that provide foreign assistance and by
expanding United States exports of environmental
technologies, goods, and services to that region.
(2) Activities.--In carrying out each international
regional environmental initiative, the TPCC shall--
(A) support, through the provision of foreign
assistance, the development of sound
environmental policies and practices in
countries in the geographic region for which
the initiative is established, including the
development of environmentally sound regulatory
regimes and enforcement mechanisms;
(B) identify and disseminate to United States
environmental businesses information regarding
specific environmental business opportunities
in that geographic region;
(C) coordinate existing Federal efforts to
promote environmental exports to that
geographic region, and ensure that such efforts
are fully coordinated with environmental export
promotion efforts undertaken by the States and
the private sector;
(D) increase assistance provided by the
Federal Government to promote exports from the
United States of environmental technologies,
goods, and services to that geographic region,
such as trade missions, reverse trade missions,
trade fairs, and programs in the United States
to train foreign nationals in United States
environmental technologies; and
(E) increase high-level advocacy by United
States Government officials (including the
United States ambassadors to the countries in
that geographic region) for United States
environmental businesses seeking market
opportunities in that geographic region.
(i) \33\ Environmental Technologies Project Advocacy
Calendar and Information Dissemination Program.--The Working
Group shall--
(1) maintain a calendar, updated at the end of each
calendar quarter, of significant opportunities for
United States environmental businesses in foreign
markets and trade promotion events, which shall--
(A) be made available to the public;
(B) identify the 50 to 100 environmental
infrastructure and procurement projects in
foreign markets that have the greatest
potential in the calendar quarter for United
States exports of environmental technologies,
goods, and services; and
(C) include trade promotion events, such as
trade missions and trade fairs, in the
environmental sector; and
(2) provide, through the National Trade Data Bank and
other information dissemination channels, information
on opportunities for environmental businesses in
foreign markets and information on Federal export
promotion programs.
(j) \33\ Environmental Technology Export Alliances.--
Subject to the availability of appropriations for such purpose,
the Secretary is authorized to use the Market Development
Cooperator Program to support the creation on a regional basis
of alliances of private sector entities, nonprofit
organizations, and universities, that support the export of
environmental technologies, goods, and services and promote the
export of products complying with United States environmental,
safety, and related requirements.
(k) \33\ Definition.--For purposes of this section, the
term ``environmental business'' means a business that produces
environmental technologies, goods, or services.
SEC. 2314.\34\ REPORT ON EXPORT POLICY.
(a) In General.--Not later than May 31 of each year, the
Secretary of Commerce shall submit to the Congress a report on
the international economic position of the United States and,
not later than June 30 of each year, shall appear before the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Foreign Affairs \35\ of the House of
Representatives to testify on issues addressed in that report.
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\34\ 15 U.S.C. 4729. Sec. 206 of the Export Enhancement Act of 1992
(Public Law 102-429; 106 Stat. 2204) added sec. 2314.
\35\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(b) Contents.--
(1) In general.--Each report required under
subsection (a) shall address--
(A) the state of United States international
economic competitiveness, focusing, in
particular, on the efforts of the Department of
Commerce--
(i) to encourage research and
development of technologies and
products deemed critical for industrial
leadership;
(ii) to promote investment in and
improved manufacturing processes for
such technologies and products; and
(iii) to increase United States
industrial exports of products using
the technologies described in clause
(i) to those markets where the United
States Government has sought to reduce
barriers to exports;
(B) the report on the Trade Promotion
Coordinating Committee strategic plan submitted
to the Congress in accordance with section
2312(f);
(C) other specific recommendations of the
Department of Commerce to improve the United
States balance of trade;
(D) the effects on the international economic
competitiveness of the United States of--
(i) formal and informal trade
barriers; and
(ii) subsidies by foreign countries
to their domestic industries;
(E) the efforts of the Department of Commerce
to reduce trade barriers; \36\
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\36\ Sec. 1022(b) of Public Law 104-66 (109 Stat. 713) struck out
``; and'' at the end of subpara. (E), struck out the period at the end
of subpara. (F) and inserted in lieu thereof a semicolon, and added new
subparas. (G) through (J).
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(F) the adequacy of export financing programs
of the United States Government and
recommendations for improving such programs;
\36\
(G) \36\ the status, activities, and
effectiveness of the United States commercial
centers established under section 401 of the
Jobs Through Exports Act of 1992 (15 U.S.C.
4723a);
(H) \36\ the implementation of sections 301
and 302 of the Freedom for Russia and Emerging
Democracies and Open Markets Support Act of
1992 (22 U.S.C. 5821 and 5822) concerning
American Business Centers and the Independent
States Business and Agriculture Advisory
Council;
(I) \36\ the programs of other industrialized
nations to assist their companies with their
efforts to transact business in the independent
states of the former Soviet Union; and
(J) \36\ the trading practices of other
Organization for Economic Cooperation and
Development nations, as well as the pricing
practices of transitional economies in the
independent states, that may disadvantage
United States companies.
(2) Policy basis for reports.--Portions of each
report under this section may incorporate or be based
upon relevant reports and testimony produced by the
Department of Commerce or other agencies, but the
policy views shall be those of the Secretary of
Commerce.
Subtitle D--Export Controls
part i--export controls generally
* * * * * * *
SEC. 2424. EXPORTS OF DOMESTICALLY PRODUCED CRUDE OIL.
(a) * * *
(b) \37\ Crude Oil Study.--
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\37\ 50 U.S.C. app. 2406 note.
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(1) Review of export restrictions on crude oil.--The
Secretary of Commerce, in consultation with the
Secretary of Energy, shall undertake a comprehensive
review to assess whether existing statutory
restrictions on the export of crude oil produced in the
contiguous United States are adequate to protect the
energy and national security interests of the United
States and American consumers. Taking into account
exports licensed since 1983 and potential exports of
heavy crude oil produced in California, the review
shall assess the effect of increased exports of crude
oil produced in the contiguous United States on--
(A) the adequacy of domestic supplies of
crude oil and refined petroleum products in
meeting United States energy and national
security needs;
(B) the quantity, quality, and retail price
of petroleum products available to consumers in
the United States generally and on the West
Coast in particular;
(C) the overall trade deficit of the United
States;
(D) acquisition costs of crude oil by
domestic petroleum refiners;
(E) the financial viability of sectors of the
domestic petroleum industry (including
independent refiners, distributors, marketers,
and pipeline carriers); and
(F) the United States tanker fleet (and the
industries that support it), with particular
emphasis on the availability of militarily
useful tankers to meet anticipated national
defense requirements.
(2) Public hearing and comment.--The Secretary of
Commerce shall provide notice and a reasonable
opportunity for public hearing and comment on the
review conducted pursuant to this subsection.
(3) Consultations with other agencies.--The Secretary
of Commerce shall consult with the Secretary of
Defense, the Secretary of the Interior, and the
Secretary of Transportation, in addition to the
Secretary of Energy, in undertaking the review pursuant
to this subsection.
(4) Findings, options, and recommendations.--After
taking public comment and consulting with appropriate
State and Federal officials, the Secretary of Commerce,
in consultation with the Secretary of Energy, shall
develop findings, options, and recommendations
regarding the adequacy of existing statutory
restrictions on the export of crude oil produced in the
contiguous United States in protecting the energy and
national security interests of the United States and
American consumers.
(5) Consultations and report.--In carrying out this
subsection, the Secretary of Commerce shall consult
with the Committee on Foreign Affairs and the Committee
on Energy and Commerce of the House of Representatives
\38\ and the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Energy and Natural
Resources of the Senate. Not later than 12 months after
the date of the enactment of this Act, the Secretary
shall transmit to each of those committees a report
which contains the results of the review undertaken
pursuant to this subsection and the findings, options,
and recommendations developed under paragraph (4).
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\38\ Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Energy and Commerce of the House of
Representatives shall be treated as referring to the Committee on
Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110
Stat. 187) further provided that any reference in any provision of law
enacted before January 4, 1995 to the House Committee on Energy and
Commerce shall be treated as referring to (1) the Committee on
Agriculture in the case of a provision relating to inspection of
seafood or seafood products; (2) the Committee on Banking and Financial
Services in the case of a provision relating to bank capital markets
activities or depository institution securities; or (3) the Committee
on Transportation and Infrastructure in the case of a provision
relating to railroads and railway labor issues. Sec. 1(a)(5) of that
Act further provided that references to the Committee on Foreign
Affairs of the House of Representatives shall be treated as referring
to the Committee on International Relations of the House of
Representatives.
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SEC. 2425. PROCEDURES FOR LICENSE APPLICATIONS.
(a) * * *
(b) Report by Secretaries of Commerce and Defense.--The
Secretary of Commerce and the Secretary of Defense shall each
evaluate and, not later than 4 months after the date of the
enactment of this Act, shall jointly prepare and submit a
report to the Committee on Foreign Affairs \38\ of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on the review by the Department of
Defense, for national security purposes as provided in the
Export Administration Act of 1979, of export license
applications for exports to countries other than controlled
countries under section 5(b)(1) of that Act.
(c) * * *
* * * * * * *
SEC. 2432.\39\ MONITORING OF WOOD EXPORTS.
The Secretary of Commerce shall, for a period of 2 years
beginning on the date of the enactment of this Act, monitor
exports of processed and unprocessed wood to all countries of
the Pacific Rim. The Secretary shall include the results of
such monitoring in monthly reports setting forth, with respect
to each item monitored, actual exports, the destination by
country, and the domestic and worldwide price, supply, and
demand. The Secretary shall transmit such reports to the
Committee on Foreign Affairs \40\ of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
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\39\ 50 U.S.C. app. 2406 note.
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SEC. 2433.\40\ STUDY ON NATIONAL SECURITY EXPORT CONTROLS.
(a) Arrangements For and Contents of Study.--
---------------------------------------------------------------------------
\40\ 50 U.S.C. app. 2404 note.
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(1) Arrangements for conducting study.--The Secretary
of Commerce and the Secretary of Defense, not later
than 60 days after the date of the enactment of this
Act, shall enter into appropriate arrangements with the
National Academy of Sciences and the National Academy
of Engineering (hereafter in this section referred to
as the ``Academies'') to conduct a comprehensive study
of the adequacy of the current export administration
system in safeguarding United States national security
while maintaining United States international
competitiveness and Western technological preeminence.
(2) Requirements of study.--Recognizing the need to
minimize the disruption of United States trading
interests while preventing Western technology from
enhancing the development of the military capabilities
of controlled countries, the study shall--
(A) identify those goods and technologies
which are likely to make crucial differences in
the military capabilities of controlled
countries, and identify which of those goods
and technologies controlled countries already
possess or are available to controlled
countries from other sources;
(B) develop implementable criteria by which
to define those goods and technologies;
(C) demonstrate how such criteria would be
applied to the control list by the relevant
agencies to revise the list, eliminate
ineffective controls, and strengthen controls;
(D) develop proposals to improve United
States and multilateral assessments of foreign
availability of goods and technology subject to
export controls; and
(E) develop proposals to improve the
administration of the export control program,
including procedures to ensure timely,
predictable, and effective decision-making.
(b) Advisory Panel.--In conducting the study under subsection
(a), the Academies shall appoint an Advisory Panel of not more
than 24 members who shall be selected from among individuals in
private life who, by virtue of their experience and expertise,
are knowledgeable in relevant scientific, business, legal, or
administrative matters. No individual may be selected as a
member who, at the time of his or her appointment, is an
elected or appointed official or employee in the executive,
legislative, or judicial branch of the Government. In selecting
members of the Advisory Panel, the Academies shall seek
suggestions from the President, the Congress, and
representatives of industry and the academic community.
(c) Executive Branch Cooperation.--The Secretary of Commerce,
the Secretary of Defense, the Secretary of State, the Director
of the Central Intelligence Agency, and the head of any
department or agency that exercises authority in export
administration--
(1) shall furnish to the Academies, upon request and
under appropriate safeguards, classified or
unclassified information which the Academies determine
to be necessary for the purposes of conducting the
study required by this section; and
(2) shall work with the Academies on such problems
related to the study as the Academies consider
necessary.
(d) Report.--Under the direction of the Advisory Panel, the
Academies shall prepare and submit to the President and the
Congress, not later than 18 months after entering into the
arrangements referred to in subsection (a), a report which
contains a detailed statement of the findings and conclusions
of the Academies pursuant to the study conducted under
subsection (a), together with their recommendations for such
legislative or regulatory reforms as they consider appropriate.
(e) Authorization of Appropriations.--There are authorized to
be appropriated $900,000 to carry out this section.
part ii--multilateral export control enhancement
SEC. 2441.\41\ SHORT TITLE.
This part may be cited as the ``Multilateral Export Control
Enhancement Amendments Act''.
---------------------------------------------------------------------------
\41\ 50 U.S.C. app. 2401 note.
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SEC. 2442.\42\ FINDINGS.
The Congress makes the following findings:
---------------------------------------------------------------------------
\42\ 50 U.S.C. app. 2410a note.
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(1) The diversion of advanced milling machinery to
the Soviet Union by the Toshiba Machine Company and
Kongsberg Trading Company has had a serious impact on
United States and Western security interests.
(2) United States and Western security is undermined
without the cooperation of the governments and
nationals of all countries participating in the group
known as the Coordinating Committee (hereafter in this
part referred to as ``COCOM'') in enforcing the COCOM
agreement.
(3) It is the responsibility of all governments
participating in COCOM to place in effect strong
national security export control laws, to license
strategic exports carefully, and to enforce those
export control laws strictly, since the COCOM system is
only as strong as the national laws and enforcement on
which it is based.
(4) It is also important for corporations to
implement effective internal control systems to ensure
compliance with export control laws.
(5) In order to protect United States national
security, the United States must take steps to ensure
the compliance of foreign companies with COCOM
controls, including, where necessary conditions have
been met, the imposition of sanctions against violators
of controls commensurate with the severity of the
violation.
SEC. 2443.\43\ MANDATORY SANCTIONS AGAINST TOSHIBA AND KONGSBERG.
(a) Sanctions Against Toshiba Machine Company, Kongsberg
Trading Company, and Certain Other Foreign Persons.--The
President shall impose, for a period of 3 years--
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\43\ Sanctions were imposed by Executive Order 12661 of December
27, 1988, and expired on December 28, 1991.
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(1) a prohibition on contracting with, and
procurement of products and services from--
(A) Toshiba Machine Company and Kongsberg
Trading Company, and
(B) any other foreign person whom the
President finds to have knowingly facilitated
the diversion of advanced milling machinery by
Toshiba Machine Company and Kongsberg Trading
Company to the Soviet Union,
by any department, agency, or instrumentality of the
United States Government; and
(2) a prohibition on the importation into the United
States of all products produced by Toshiba Machine
Company, Kongsberg Trading Company, and any foreign
person described in paragraph (1)(B).
(b) Sanctions Against Toshiba Corporation and Kongsberg
Vaapenfabrikk.--The President shall impose, for a period of 3
years, a prohibition on contracting with, and procurement of
products and services from, the Toshiba Corporation and
Kongsberg Vaapenfabrikk, by any department, agency, or
instrumentality of the United States Government.
(c) Exceptions.--The President shall not apply sanctions
under this section--
(1) in the case of procurement of defense articles or
defense services--
(A) under existing contracts or subcontracts,
including exercise of options for production
quantities to satisfy United States operational
military requirements;
(B) if the President determines that the
company or foreign person to whom the sanctions
would otherwise be applied is a sole source
supplier of essential defense articles or
services and no alternative supplier can be
identified; or
(C) if the President determines that such
articles or services are essential to the
national security under defense coproduction
agreements; or
(2) to--
(A) products or services provided under
contracts or other binding agreements (as such
terms are defined by the President in
regulations) entered into before June 30, 1987;
(B) spare parts;
(C) component parts, but not finished
products, essential to United States products
or production;
(D) routine servicing and maintenance of
products; or
(E) information and technology.
(d) Definitions.--For purposes of this section--
(1) the term ``component part'' means any article
which is not usable for its intended functions without
being imbedded or integrated into any other product and
which, if used in production of a finished product,
would be substantially transformed in that process;
(2) the term ``finished product'' means any article
which is usable for its intended functions without
being imbedded in or integrated into any other product,
but in no case shall such term be deemed to include an
article produced by a person other than a sanctioned
person that contains parts or components of the
sanctioned person if the parts or components have been
substantially transformed during production of the
finished product; and
(3) the term ``sanctioned person'' means a company or
other foreign person upon whom prohibitions have been
imposed under subsection (a) or (b).
* * * * * * *
Subtitle E--Miscellaneous Provisions
* * * * * * *
SEC. 2503. BUDGET ACT.
Any new spending authority (within the meaning of section 401
of the Congressional Budget Act of 1974) which is provided
under this title shall be effective for any fiscal year only to
the extent or in such amounts as are provided in appropriation
Acts.
d. Expansion of Business Capital Assistance Programs
Partial text of Public Law 101-510 [National Defense Authorization Act
for Fiscal Year 1991; H.R. 4739], 104 Stat. 1485 at 1853, approved
November 5, 1990; as amended by Public Law 102-190 [National Defense
Authorization Act for Fiscal Years 1992 and 1993; H.R. 2100], 105 Stat.
1290, approved December 5, 1991
AN ACT To authorize appropriations for fiscal year 1991 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization
Act for Fiscal Year 1991''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(4) Division D--Economic Adjustment, Diversification,
Conversion, and Stabilization.
* * * * * * *
TITLE XLIII--EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS \1\
* * * * * * *
---------------------------------------------------------------------------
\1\ 10 U.S.C. 2391 note.
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SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES
PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN
DEFENSE PRODUCTION.
(a) Export-Import Bank.--
(1) Sense of congress on plan for expansion.--It is
the sense of Congress that the United States businesses
undergoing transition from defense production to
nondefense production will need assistance in seizing
export markets overseas. Therefore, in order to provide
financial support for such businesses, as well as
meeting other normal demands on its resources, the
annual direct lending authority of the Export-Import
Bank of the United States should be increased by at
least 150 percent from the fiscal year 1990 level over
the five-year period beginning October 1, 1990.
(2) Report of feasibility.--Before September 30,
1990, the President, acting with the assistance of the
Committee \2\ and after consulting the Board of
Directors of the Export-Import Bank of the United
States and other experts in government and the private
sector, shall transmit to the Congress a report
assessing the feasibility and desirability of a program
for increasing the amount of direct loan authority in
the manner described in paragraph (1) and the factors
considered in making such assessment.
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\2\ Sec. 4003(2) of Public Law 101-510 (104 Stat. 1848) defined
``Committee'' as the Economic Adjustment Committee established in
Executive Order 12049 (10 U.S.C. 111 note).
---------------------------------------------------------------------------
(3) Transition to nondefense production required to
be considered.--In determining whether to provide
financial support for an export transaction, the
Export-Import Bank of the United States shall take into
account, to the extent feasible and in accordance with
applicable standards and procedures established by the
bank in consultation with the Committee, the fact that
the product or service is produced or provided by any
business or group of workers which--
(A) was substantially and seriously affected
\3\ by defense budget reductions; and
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\3\ Sec. 4003(5) of Public Law 101-510 (104 Stat. 1848) defined
``substantially and seriously affected'' as a community with one or
more military installations or defense facilities, or near such
facilities, and faced with substantial workforce reductions, relative
to the community's population size, resulting from changes in
Department of Defense programs or requirements; as a business with any
defense contract or subcontract which suffers a reduction of 25 percent
or more in sales or production, or a reduction in workforce of 80
percent or more, resulting from changes in Department of Defense
programs or requirements; or a group of 100 or more workers who are
eligible to participate in the newly established defense conversion
adjustment program under sec. 325 of the Job Training Partnership Act
(29 U.S.C. 1662d).
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(B) is in transition from defense to
nondefense production.
(b) SBA Use of Authority for Export Financing Assistance.--
In determining whether to provide financial or other assistance
under the Small Business Act, title VIII of the Omnibus Trade
and Competitiveness Act of 1988, or any program referred to in
section 4301 \4\ to any small business involved in, or
attempting to become involved in, the export of any product or
service, the Administrator of the Small Business Administration
shall take into account the fact that such product or service
is produced by any business or group of workers which--
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\4\ Business loan program under sec. 7(a) of the Small Business Act
of 1958.
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(1) has been substantially and seriously affected \3\
by defense budget reductions; and
(2) is in transition from defense to nondefense
production.
(c) Coordination and Integration of Activities and
Assistance with Other Agencies.--In providing additional
financial assistance pursuant to any increase in loan authority
under this division--
(1) Federal agencies concerned with international
trade shall participate in the process of coordination
conducted by the Committee pursuant to section
4004(c)(1); \5\ and
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\5\ Sec. 1062(c)(1) of Public Law 102-190 (105 Stat. 1475) struck
out ``section 4003(b)'' and inserted in lieu thereof ``section
4004(c)(1)''.
---------------------------------------------------------------------------
(2) such Federal agencies shall attempt, to the
maximum extent practicable, to coordinate and integrate
the activities and assistance of the agencies in
support of exports, including financial assistance in
the form of direct loans, loan guarantees, and
insurance, general trade promotion, marketing
assistance, and marketing and commercial information,
in a manner consistent with the purposes of this
division (and the amendments made by this division to
other provisions of law).
(d) Reporting.--The annual report made by the Export-Import
Bank of the United States and the Administrator of the Small
Business Administration and the annual economic stabilization
and adjustment report under section 4004(c)(3) \6\ of this
division shall include a description of the extent to which the
bank and the Administrator are--
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\6\ Sec. 1062(c)(2) of Public Law 102-190 (105 Stat. 1475) struck
out ``section 4003'' and inserted in lieu thereof ``section
4004(c)(3)''.
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(1) providing financing described in subsections
(a)(2) and (b), respectively, to businesses or groups
of workers which were substantially and seriously
affected \3\ by defense budget reductions; and
(2) coordinating and integrating export support and
financing activities with other Federal agencies.
SEC. 4304. BENEFIT INFORMATION FOR BUSINESSES.
(a) Information Required To Be Provided.--The Secretary of
Commerce and the Administrator of the Small Business
Administration shall provide any business affected by defense
budget reductions with a complete description of available
programs which provide any business, whether on an industrywide
or an individual basis, with any planning assistance,
financial, technical, or managerial assistance, worker
retraining assistance, or other assistance authorized under
this division.
(b) Effective Notification System.--The Secretary of
Commerce and the Administrator of the Small Business
Administration shall take such action as may be appropriate to
ensure, to the maximum extent practicable, that each business
affected by defense budget reductions receives the information
required to be provided under subsection (a) on a timely basis.
e. Export-Import Bank and Tied Aid Credit Amendments
Partial text of Title III of Public Law 100-418 [Omnibus Trade and
Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
August 23, 1988
AN ACT To enhance the competitiveness of American industry, and for
other purposes.
* * * * * * *
TITLE III--INTERNATIONAL FINANCIAL POLICY
* * * * * * *
Subtitle D--Export-Import Bank and Tied Aid Credit Amendments
SEC. 3301. SHORT TITLE.
This subtitle may be cited as the ``Export-Import Bank and
Tied Aid Credit Amendments of 1988''.
SEC. 3302. PROVISIONS RELATING TO TIED AID CREDIT.
(a) Findings.--The Congress finds that--
(1) negotiations have led to an international
agreement to increase the grant element required in
tied aid credit offers;
(2) concern continues to exist that countries party
to the agreement may continue to offer tied aid credits
that deviate from the agreement;
(3) in such cases, the United States could continue
to lose export sales in connection with the aggressive,
and in some cases, unfair, tied aid practices of such
countries; and
(4) in such cases, the Export-Import Bank of the
United States should continue to use the Tied Aid
Credit Fund established by section 15(c) of the Export-
Import Bank Act of 1945 to discourage the use of such
predatory financing practices.
(b) * * *
(c) Report.--
(1) In general.--On or before December 31, 1988, the
President and Chairman of the Export-Import Bank of the
United States, in cooperation with other appropriate
government agencies, shall submit to the Speaker of the
House of Representatives and the President pro tempore
of the Senate a written report identifying and
analyzing the tied aid credit practices of other
countries and shall make recommendations for dealing
with such practices.
(2) Consultation.--In preparing the report described
in paragraph (1), the Export-Import Bank shall consult
with appropriate international organizations such as
the International Bank for Reconstruction and
Development, the International Monetary Fund, and the
Development Assistance Committee of the Organization
for Economic Cooperation and Development, and with the
countries which are party to the Arrangement on
Guidelines for Officially Supported Export Credits
adopted by the Organization for Economic Cooperation
and Development in November 1987.
SEC. 3303. REPORT ON UNITED STATES EXPORTS TO DEVELOPING COUNTRIES.
Within 90 days after the date of the enactment of this Act,
the President and Chairman of the Export-Import Bank of the
United States shall submit to the Committee on Banking, Finance
and Urban Affairs \1\ of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a written report which contains--
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\1\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives.
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(1) an assessment of the effectiveness of recent
program changes in increasing United States exports to
developing countries; and
(2) an identification of additional specific policy
and program changes which--
(A) would enable the Bank to increase the
financing of United States exports to
developing countries; and
(B) would encourage greater private sector
participation in such financing efforts.
* * * * * * *
f. Export-Import Bank Act Amendments of 1986
Partial text of Public Law 99-472 [H.R. 5548], 100 Stat. 1200, approved
October 15, 1986
AN ACT To amend the Export-Import Bank Act of 1945.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Export-Import Bank Act
Amendments of 1986''.
---------------------------------------------------------------------------
\1\ 12 U.S.C. 635 note.
---------------------------------------------------------------------------
* * * * * * *
SEC. 16. REPORT ON ROLE OF PRIVATE INSURANCE.
Not later than October 1, 1987, the Export-Import Bank of
the United States and the Office of Management and Budget shall
jointly prepare and transmit to the Congress, and the General
Accounting Office shall prepare and transmit to the Congress,
reports analyzing--
(1) the need for United States Government involvement
in export credit insurance, considering the current
activities of private insurance companies in this area,
private insurance industry trends over the longer term,
and ways in which private insurance companies can be
encouraged by the Bank to maximize export credit
insurance activities;
(2) the need to employ an agent in administering
government-supported insurance programs which are
determined to be necessary; and
(3) the efficiency and effectiveness of continuing to
utilize the Foreign Credit Insurance Association as the
Bank's agent (including an analysis of the
administrative and economic cost to the government and
the Bank of maintaining the Foreign Credit Insurance
Association).
* * * * * * *
SEC. 21.\2\ POLICY TOWARD UNITED STATES BUSINESS TRANSACTIONS IN
ANGOLA. * * *
---------------------------------------------------------------------------
\2\ For text of sec. 21, see page 1636.
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SEC. 22.\3\ OPPOSITION OF MULTILATERAL ASSISTANCE FOR FOREIGN SURPLUS
COMMODITIES AND MINERALS.
The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States
to oppose any assistance by such institutions, using funds
appropriated or otherwise made available pursuant to any
provision of law, for the production or extraction of any
commodity or mineral for export, if--
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\3\ 22 U.S.C. 262h. Since 1989, similar provisions have been
enacted in the annual Foreign Operations, Export Financing, and Related
Programs Appropriations Act. For fiscal year 2006, see sec. 514 of
Public Law 109-102 (119 Stat. 2200), Legislation on Foreign Relations
Through 2005, vol. I-A.
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(1) such commodity or mineral, as the case may be, is
in surplus on world markets; and
(2) the export of such commodity or mineral, as the
case may be, would cause substantial injury to the
United States producers of the same, similar, or
competing commodity or mineral.
g. Trade and Development Enhancement Act of 1983
Partial text of Title VI of Public Law 98-181 [Supplemental
Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at 1263, approved
November 30, 1983; as amended by Public Law 100-418 [Omnibus Trade and
Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
August 23, 1988; and Public Law 102-549 [Jobs Through Exports Act of
1992, H.R. 4996], 106 Stat. 3651, approved October 28, 1992
AN ACT Making supplemental appropriations for the fiscal year ending
September 30, 1984, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide supplemental
appropriations for the fiscal year ending September 30, 1984,
and for other purposes, namely:
* * * * * * *
TITLE VI--EXPORT-IMPORT BANK ACT AMENDMENTS OF 1983
short title
Sec. 601. This title may be cited as the ``Export-Import
Bank Act Amendments of 1983''.
* * * * * * *
Part C--Tied Aid Credit Export Subsidies
short title
Sec. 641. This part may be referred to as the ``Trade and
Development Enhancement Act of 1983''.
statement of purpose
Sec. 642.\1\ The purpose of this part is--
---------------------------------------------------------------------------
\1\ 12 U.S.C. 635o.
---------------------------------------------------------------------------
(1) to expand employment and economic growth in the
United States by expanding United States exports to the
markets of the developing world;
(2) to stimulate the economic development of
countries in the developing world by improving their
access to credit for the importation of United States
products and services for developmental purposes;
(3) to neutralize the predatory financing engaged in
by many nations whose exports compete with United
States exports, and thereby restore export competition
to a market basis; and
(4) to encourage foreign governments to enter into
effective and comprehensive agreements with the United
States to end the use of tied aid credits for exports,
and to limit and govern the use of export credit
subsidies generally.
negotiating mandate
Sec. 643.\2\ The President shall vigorously pursue
negotiations to limit and set rules for the use of tied aid for
exports. The negotiating objectives of the United States should
include reaching agreements--
---------------------------------------------------------------------------
\2\ 12 U.S.C. 635p.
---------------------------------------------------------------------------
(1) to define the various forms of tied aid credit,
particularly mixed credits under the Arrangement on
Guidelines for Officially Supported Export Credits
established through the Organization for Economic
Cooperation and Development (hereinafter in this part
referred to as the ``Arrangement'');
(2) to phase out the use of government-mixed credits
by a date certain;
(3) to set rules governing the use of public-private
cofinancing, or other forms of mixed financing, which
may have the same result as government-mixed credits of
drawing on concessional development assistance to
produce subsidized export financing;
(4) to raise the threshold for notification of the
use of tied aid credit to a 50 per centum level of
concessionality;
(5) to improve notification procedures so that
advance notification must be given on all uses of tied
aid credit; and
(6) to prohibit the use of tied aid credit for
production facilities for goods which are in structural
over supply in the world.
establishment of a tied aid credit program in the united states export-
import bank
Sec. 644.\3\ (a)(1) The Chairman of the Export-Import Bank
of the United States shall establish, within the Export-Import
Bank of the United States, a program of tied aid credits for
United States exports.
---------------------------------------------------------------------------
\3\ 12 U.S.C. 635q.
---------------------------------------------------------------------------
(2) The program shall be carried out in co-operation with
the Trade and Development Agency \4\, \5\ and with
private financial institutions or entities, as appropriate.
---------------------------------------------------------------------------
\4\ Sec. 202(c)(1) of Public Law 102-549 (106 Stat. 3657) struck
out ``Trade and Development Program'' each place it appeared in secs.
644, 645, and 646, and inserted in lieu thereof ``Trade and Development
Agency''. Subsec. (e) of that section, furthermore, provided that ``Any
reference in any law to the Trade and Development Program shall be
deemed to be a reference to the Trade and Development Agency.''.
\5\ Sec. 2204(c)(1) of Public Law 100-418 (Omnibus Trade and
Competitiveness Act of 1988; 102 Stat. 1330) struck out ``Agency for
International Development'' and inserted in lieu thereof ``Trade and
Development Program''; struck out ``offered by the Agency for
International Development'' and inserted in lieu thereof ``made
available under section 645(d) of this Act''; and struck out
``subsections (c) and (d) of section 645'' and inserted in lieu thereof
``section 645(c)''.
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(3) The program may include--
(A) the combined use of the credits, loans, or
guarantees offered by the Export-Import Bank of the
United States with concessional financing or grants
made available under section 645(d) of this Act,\5\ by
methods including the blending of the financing of, or
parallel financing by, the Bank and the Trade and
Development Agency; \4\ and
(B) the combined use of credits, loans, or guarantees
offered by the Bank, with financing offered by private
financial institutions or entities, by methods
including the blending of the financing of, or parallel
financing by, the Bank and private institutions or
entities.
(b) The purpose of the tied aid credit program under this
section is to offer or arrange for financing for the export of
United States goods and services which is substantially as
concessional as foreign financing for which there is reasonable
proof that such foreign financing is being offered to, or
arranged for, a bona fide foreign competitor for a United
States export sale.
(c) The Chairman of the Bank is authorized to establish a
fund, as necessary, for carrying out the tied aid credit
program described in this section.
(d) Concessional financing or grants made available under
section 645(d) of this Act \5\ for the purposes of the mixed
financing program established under this section shall be made
available in accordance with the provisions of section 645(c)
\5\ of this Act.
establishment of a tied aid credit program administered by the trade
and development agency \6\
Sec. 645.\6\ (a) The Director of the Trade and Development
Agency \4\ shall carry out \6\ a program of tied aid credits
for United States exports. The program shall be carried out in
cooperation with the Export-Import Bank of the United States
and with private financial institutions or entities, as
appropriate. The program may include--
---------------------------------------------------------------------------
\6\ 12 U.S.C. 635r. Sec. 202(c)(2) of the Jobs Through Exports Act
of 1992 (Public Law 102-549; 106 Stat. 3658) struck out ``trade and
development program'' in the section heading and inserted in lieu
thereof ``trade and development agency''. Previously, sec.
2204(c)(1)(B) of Public Law 100-418 (102 Stat. 1330) inserted
``administered by the trade and development program'' in the section
heading, and struck out ``Administrator of the Agency for International
Development shall establish within the Agency'' and inserted in lieu
thereof ``Director of the Trade and Development Program shall carry
out''. Sec. 2204(d) of that Act further provided:
``(d) Administrative Provisions.--
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``(1) * * *
``(2) Transition provisions.--(A) The Administrator of the Agency for
International Development shall transfer to the Director of the Trade and
Development Program all records, contracts, applications, and any other
documents or information in connection with the functions transferred by
virtue of the amendments made by subsection (c)(1).
``(B) All determinations, regulations, and contracts--
``(i) which have been issued, made, granted, or allowed to become
effective by the President, the Agency for International Development, or by
a court of competent jurisdiction, in the performance of the functions
transferred by virtue of the amendments made by subsection (c)(1), and
``(ii) which are in effect at the time this section takes effect,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with the law by
the President, the Director of the Trade and Development Program, or other
authorized official, by a court of competent jurisdiction, or by operation
of law.
``(C)(i) The amendments made by subsection (c)(1) shall not affect any
proceedings, including notices of proposed rulemaking, or any application
for any financial assistance, which is pending on the effective date of
this section before the Agency for International Development in the
exercise of functions transferred by virtue of the amendments made by
subsection (c)(1). Such proceedings and applications, to the extent that
they relate to functions so transferred, shall be continued.
``(ii) Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as if this
section had not been enacted. Orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or revoked by
the Director of the Trade and Development Program or other authorized
official, by a court of competent jurisdiction, or by operation of law.
``(iii) Nothing in this subparagraph shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the same terms
and conditions and to the same extent that such proceeding could have been
discontinued or modified if this section had not been enacted.
``(iv) The Director of the Trade and Development Agency is authorized to
issue regulations providing for the orderly transfer to the Trade and
Development Program of proceedings continued under this subparagraph.
``(D) With respect to any function transferred by virtue of the
amendments made by subsection (c)(1) and exercised on or after the
effective date of this section, reference in any other Federal law to the
Agency for International Development or any officer shall be deemed to
refer to the Trade and Development Agency or other official to which such
function is so transferred.''.
(1) the combined use of the credits, loans, or
guarantees offered by the Bank with concessional
financing or grants made available under subsection
(d),\7\ by methods including the blending of the
financing of, or parallel financing, by the Bank and
the Trade and Development Agency; \7\ and
---------------------------------------------------------------------------
\7\ Sec. 2204(c)(1)(B) of Public Law 100-418 (102 Stat. 1331)
struck out ``offered by the Agency for International Development'' and
inserted in lieu thereof ``made available under subsection (d)'';
struck out ``Agency for International Development'' and inserted in
lieu thereof ``Trade and Development Program''. Subsequently, sec.
202(c)(1) of Public Law 102-549 (106 Stat. 3657) struck out ``Trade and
Development Program'' each place it appeared in secs. 644, 645, and
646, and inserted in lieu thereof ``Trade and Development Agency''.
Subsec. (e) of that section further provided that ``Any reference in
any law to the Trade and Development Program shall be deemed to be a
reference to the Trade and Development Agency.''.
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(2) the combination of concessional financing or
grants made available under subsection (d),\7\ with
financing offered by private financial institutions or
entities, by methods including the blending of the
financing of, or parallel financing by, the Trade and
Development Agency \7\ and private institutions or
entities.
(b) These funds may be combined with financing by the
Export-Import Bank of the United States or private commercial
financing in order to offer, or arrange for, financing for the
exportation of United States goods and services which is
substantially as concessional as foreign financing for which
there is reasonable proof that such foreign financing is being
offered to, or arranged for, a bona fide foreign competitor for
a United States export sale.
(c)(1) Funds \8\ which are used to carry out a tied aid
credit program authorized by subsections (a) and (b) shall be
offered only to finance United States exports which can
reasonably be expected to contribute to the advancement of the
development objectives of the importing country or countries,
and shall be consistent with the economic, security, and
political criteria used to establish country allocations of
Economic Support Funds.
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\8\ Sec. 2204(c)(1)(b) of Public Law 100-418 (102 Stat. 1331)
struck out ``of the Agency for International Development'' which
previously appeared at this point.
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(2) The Director of the Trade and Development Agency
\4\, \5\ is authorized to establish a fund, as
necessary, for carrying out a tied aid credit financing program
as described in this section.
(d) \9\ Funds available to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 may be used by the Director
of the Trade and Development Agency,\4\ with the concurrence of
the Secretary of State (as provided under section 531 of the
Foreign Assistance Act of 1961), for the purposes for which
funds made available under this subsection are authorized to be
used in section 644 and this section. The Secretary of State
shall exercise his authority in cooperation with the
Administrator of the Agency for International Development.
Funds made available pursuant to this subsection \10\ may be
used to finance a tied aid credit activity in any country
eligible for tied aid credits under this Act.
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\9\ Sec. 2204(c)(1)(B)(iv) of Public Law 100-418 (102 Stat. 1331)
amended and restated subsec. (d). It previously read as follows:
``(d) The Administrator of the Agency for International Development
may draw on Economic Support Funds allocated for Commodity Import
Programs to finance a tied aid credit activity.''.
\10\ For current appropriations, see the Foreign Operations, Export
Finance, and Related Programs Appropriations Act, 2006 (Public Law 109-
102; 119 Stat. 2200); Legislation on Foreign Relations Through 2005,
vol. I-A.
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implementation
Sec. 646.\11\ (a)(1) The National Advisory Council on
International Monetary and Financial Policies shall coordinate
the implementation of the tied aid credit programs authorized
by sections 644 and 645.
---------------------------------------------------------------------------
\11\ 12 U.S.C. 635s.
---------------------------------------------------------------------------
(2) No financing may be approved under the tied aid credit
programs authorized by section 644 or section 645 without the
unanimous consent of the members of the National Advisory
Council on International Monetary and Financial Policies.
(b) \12\ The Trade and Development Agency \4\ shall be
represented at any meetings of the National Advisory Council on
International Monetary and Financial Policies for discussion of
tied aid credit matters, and the representative of the Trade
and Development Agency \4\ at any such meeting shall have the
right to vote on any decisions of the Advisory Council relating
to tied aid credit matters.
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\12\ Sec. 2204(c)(2) of Public Law 100-418 (102 Stat. 1331) added
subsec. (b).
---------------------------------------------------------------------------
definitions
Sec. 647.\13\ For purposes of this part--
---------------------------------------------------------------------------
\13\ 12 U.S.C. 635t.
---------------------------------------------------------------------------
(1) the term ``tied aid credit'' means credit--
(A) which is provided for development aid
purposes;
(B) which is tied to the purchase of exports
from the country granting the credit;
(C) which is financed either exclusively from
public funds, or, as a mixed credit, partly
from public and partly from private funds; and
(D) which has a grant element, as defined by
the Development Assistance Committee of the
Organization for Economic Cooperation and
Development, greater than zero percent;
(2) the term ``government-mixed credits'' means the
combined use of credits, insurance, and guarantees
offered by the Export-Import Bank of the United States
with concessional financing or grants offered by the
Agency for International Development to finance
exports;
(3) the term ``public-private financing'' means the
combined use of either official development assistance
or official export credit with private commercial
credit to finance exports;
(4) the term ``blending of financings'' means the use
of various combinations of official development
assistance, official export credit, and private
commercial credit. integrated into a single package
with a single set of financial terms, to finance
exports;
(5) the term ``parallel financing'' means the related
use of various combinations of separate lines of
official development assistance, official export
credits, and private commercial credit, not combined
into a single package with a single set of financial
terms, to finance exports; and
(6) the term ``Bank'' means the Export-Import Bank of
the United States.
* * * * * * *
h. Export-Import Bank Act Amendments of 1978
Partial text of Public Law 95-630 [H.R. 14279], 92 Stat. 3641 at 3724,
approved November 10, 1978; as amended by Public Law 98-181 [Export-
Import Bank Act Amendments of 1983; H.R. 3959], 97 Stat. 1153 at 1262,
approved November 30, 1983; and Public Law 99-472 [Export-Import Bank
Act Amendments of 1986; H.R. 5548], 100 Stat. 1200, approved October
15, 1986
AN ACT To extend the authority for the flexible regulation of interest
rates on deposits and accounts in depository institutions.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Financial Institutions Regulatory and
Interest Rate Control Act of 1978''.
* * * * * * *
TITLE XIX--EXPORT-IMPORT BANK ACT AMENDMENTS
Sec. 1901.\1\ That this title may be cited as the ``Export-
Import Bank Act Amendments of 1978''.
Note.--Except for the sections included below, title
XIX of this Act contained amendments to the Export-
Import Bank Act of 1945.
* * * * * * *
export credit competition
Sec. 1908.\2\ (a) The President is authorized and requested
to begin negotiations at the ministerial level with other major
exporting countries to end predatory export financing programs
and other forms of export subsidies, including mixed credits,
in third country markets as well as within the United States.
The President shall report to the Congress prior to January 15,
1979, on progress toward meeting the goals of this section.
---------------------------------------------------------------------------
\1\ 12 U.S.C. 635 note.
\2\ 12 U.S.C. 635a-1.
---------------------------------------------------------------------------
(b) The Export-Import Bank of the United States is
authorized to provide guarantees, insurance, and extensions of
credit at rates and terms and other conditions which are, in
the opinion of the Board of Directors of the Bank, competitive
with those provided by the government-supported export credit
instrumentalities of other nations.
* * * * * * *
Sec. 1911.\3\ The Bank shall implement such regulations and
procedures as may be appropriate to insure that full
consideration is given to the extent to which any loan or
financial guarantee is likely to have an adverse effect on
industries, including agriculture, and employment in the United
States, either by reducing demand for goods produced in the
United States or by increasing imports to the United States. To
carry out the purposes of this subsection, the Bank shall
request, and the United States International Trade Commission
shall furnish, a report assessing the impact of the Bank's
activities on industries and employment in the United States.
Such report shall include an assessment of previous loans or
financial guarantees and shall provide recommendations
concerning general areas which may adversely affect domestic
industries, including agriculture and employment. After October
1, 1983, there are authorized to be appropriated such sums as
may by necessary to carry out the provisions of this
section.\4\ In all cases to which this section applies, the
Bank shall consider and address in writing the views of parties
or persons who may be substantially adversely affected by the
loan or guarantee prior to taking final action on the loan or
guarantee. This requirement does not subject the Bank to the
provisions of subchapter II of chapter 5 of title 5, United
States Code.\5\
---------------------------------------------------------------------------
\3\ 12 U.S.C. 635a-2.
\4\ Sec. 632 of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1262) added this sentence.
\5\ Sec. 12 of the Export-Import Bank Act Amendments of 1986
(Public Law 99-472; 100 Stat. 1204) added the final two sentences of
sec. 1911.
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Sec. 1912.\6\ (a)(1) Upon receipt of information that
foreign sales to the United States are being offered involving
foreign official export credits which exceed limits under
existing standstills, minutes, or practices to which the United
States and other major exporting countries have agreed,
irrespective of whether these credits are being offered by
governments which are signatories to such standstills, minutes,
or practices,\7\ the Secretary of the Treasury shall
immediately conduct an inquiry to determine whether
``noncompetitive financing'' is being offered. The inquiry, and
where appropriate, the determination and authorization to the
Export-Import Bank of the United States referred to in this
section shall be completed and made within 60 days of the
receipt of such information.\8\
---------------------------------------------------------------------------
\6\ 12 U.S.C. 635a-3.
\7\ Sec. 15(b) of Public Law 99-472 (100 Stat. 1205) inserted
``irrespective of whether these credits are being offered by
governments which are signatories to such standstills, minutes, or
practices,''.
\8\ Sec. 631(1) of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1262) added this sentence.
---------------------------------------------------------------------------
(2) If the Secretary determines that such foreign
``noncompetitive'' financing is being offered, the Secretary
\9\ shall request the immediate withdrawal of such financing by
the foreign official export credit agency involved.
---------------------------------------------------------------------------
\9\ Sec. 633 of the Export-Import Bank Act Amendments of 1983
(title VI of Public Law 98-181; 97 Stat. 1263) struck out ``he'' and
inserted in lieu thereof ``the Secretary''.
---------------------------------------------------------------------------
(3) If the offer is not withdrawn or if there is no
immediate response to the withdrawal request, the Secretary of
the Treasury shall notify the country offering such financing
and all parties to the proposed transaction that the Eximbank
may be authorized to provide competing United States sellers
with financing to match that available through the foreign
official export financing entity.
(b) \10\ The Secretary of the Treasury shall issue such
authorization to the Bank to provide guarantees, insurance, and
credits to competing United States sellers, unless the
Secretary determines that--
---------------------------------------------------------------------------
\10\ Sec. 15(a) of Public Law 99-472 (100 Stat. 1204) amended and
restated subsec. (b).
---------------------------------------------------------------------------
(1) the availability of foreign official
noncompetitive financing is likely to be a significant
factor in the sale; or
(2) the foreign noncompetitive financing has been
withdrawn.
(c) Upon receipt of authorization by the Secretary of the
Treasury, the Export-Import Bank may provide financing to match
that offered by the foreign official export credit entity:
Provided, however, That loans, guarantees and insurance
provided under this authority shall conform to all provisions
of the Export-Import Bank Act of 1945, as amended.
Sec. 1913. No environmental rule, regulation, or procedure
shall become effective with regard to exports subject to the
provisions of 22 U.S.C. 3201 et seq., the Nuclear Non-
Proliferation Act of 1978, until such time as the President has
reported to Congress on the progress achieved pursuant to
section 407 of the Act (42 U.S.C. 2153e) entitled ``Protection
of the Environment'' which requires the President to seek to
provide, in agreements required under the Act, for cooperation
between the parties in protecting the environment from
radioactive, chemical or thermal contaminations arising from
peaceful nuclear activities.
* * * * * * *
Sec. 1917.\11\ This title shall take effect upon enactment.
---------------------------------------------------------------------------
\11\ 12 U.S.C. 635 note.
i. Export-Import Bank
Executive Order 12166, October 19, 1979, 44 F.R. 60971, 12 U.S.C. 635
note
By the authority vested in me as President of the United
States of America by Section 2(b)(1)(B) of the Export-Import
Bank Act of 1945, as amended (12 U.S.C. 635(b)(1)(B), and by
Section 301 of Title 3 of the United States Code, it is hereby
ordered as follows:
1-101. The function vested in the President by section
2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended
(12 U.S.C. 635(b)(1)(B)), is delegated to the Secretary of
State. That function is the authority to determine that a
denial by the Export-Import Bank of an application for credit
would be in the national interest, where such action could
clearly and importantly advance United States policy in such
areas as international terrorism, nuclear proliferation,
environmental protection and human rights.
1-102. Before making such a determination, the Secretary of
State shall consult with the Secretary of Commerce, and the
heads of other interested Executive agencies.
1-103. In accord with Section 2(b)(1)(B) of that Act, only
in those cases where the Secretary of State has made such a
determination should the Export-Import Bank deny an application
for credit for nonfinancial or noncommercial considerations.
j. Trade Promotion Coordinating Committee
Executive Order 12870, September 30, 1993, 58 F.R. 51753, 15 U.S.C.
4727 note; as amended by Executive Order 13286, February 28, 2003, 68
F.R. 10617
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Export Enhancement Act of 1992 (Public Law 102-
429; 106 Stat. 2186), and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Sec. 1. Establishment. There is established the ``Trade
Promotion Coordinating Committee'' (``TPCC''). The Committee
shall comprise representatives of each of the following:
(a) Department of Commerce;
(b) Department of State;
(c) Department of the Treasury;
(d) Department of Agriculture;
(e) Department of Energy;
(f) Department of Transportation;
(g) Department of Defense;
(h) Department of Labor;
(i) Department of the Interior;
(j) \1\ Department of Homeland Security;
---------------------------------------------------------------------------
\1\ Sec. 26 of Executive Order 13286 (68 F.R. 10625) inserted
subsec. (j) and redesignated subsecs. (j) through (v) as subsecs. (k)
through (w).
---------------------------------------------------------------------------
(k) \1\ Agency for International Development;
(l) \1\ Trade and Development Agency;
(m) \1\ Environmental Protection Agency;
(n) \1\ United States Information Agency;
(o) \1\ Small Business Administration;
(p) \1\ Overseas Private Investment Corporation;
(q) \1\ Export-Import Bank of the United States;
(r) \1\ Office of the United States Trade
Representative;
(s) \1\ Council of Economic Advisers;
(t) \1\ Office of Management and Budget;
(u) \1\ National Economic Council;
(v) \1\ National Security Council; and
(w) \1\ At the discretion of the President, such
other departments or agencies as may be necessary.
Members of the TPCC shall be appointed by the heads of their
respective departments or agencies. Such members, as well as
their designated alternatives, shall be individuals who
exercise significant decision-making authority in their
respective departments or agencies.
Sec. 2. Chairperson. The Secretary of Commerce shall be the
chairperson of the TPCC.
Sec. 3. Purpose. The purpose of the TPCC shall be to
provide a unifying framework to coordinate the export promotion
and export financing activities of the United States Government
and to develop a governmentwide strategic plan for carrying out
such programs.
Sec. 4. Duties. The TPCC shall:
(a) coordinate the development of the trade promotion
policies and programs of the United States Government;
(b) provide a central source of information for the
business community on Federal export promotion and
export financing programs;
(c) coordinate official trade promotion efforts to
ensure better delivery of services to U.S. businesses,
including:
(1) information and counseling on U.S. export
promotion and export financing programs and
opportunities in foreign markets;
(2) representation of U.S. business interests
abroad; and
(3) assistance with foreign business contacts
and projects;
(d) prevent unnecessary duplication in Federal export
promotion and export financial activities;
(e) assess the appropriate levels and allocation of
resources among agencies in support of export promotion
and export financing and provide recommendations,
through the Director of the Office of Management and
Budget to the President, based on its assessment; and
(f) carry out such other duties as are deemed to be
appropriate, consistent with the purpose of the TPCC.
Sec. 5. Strategic Plan. To carry out section 4 of this
order, the TPCC shall develop and implement a governmentwide
strategic plan for Federal trade promotion efforts. Such plan
shall:
(a) establish a set of priorities for Federal
activities in support of U.S. exports and explain the
rationale for the priorities;
(b) review current Federal programs designed to
promote the sale of U.S. exports in light of the
priorities established under paragraph (a) of this
section and develop a plan to bring such activities
unto line with those priorities and to improve
coordination of such activities;
(c) identify areas of overlap and duplication among
Federal export promotion activities and propose means
of eliminating them;
(d) propose, through the Director of the Office of
Management and Budget, to the President an annual
unified Federal trade promotion budget that supports
the plan for priority activities and improved
coordination established under paragraph (b) of this
section and eliminates funding for the areas of overlap
and duplication identified under paragraph (c) of this
section; and
(e) review efforts by the States to promote U.S.
exports and propose means of developing cooperation
between State and Federal efforts, including co-
location, cost-sharing between Federal and State export
promotion programs, and sharing of market research
data.
Sec. 6. Report. The chairperson of the TPCC, with the
approval of the President, shall prepare and submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on Foreign Affairs \1\ of the House of
Representatives, not later than September 30, 1993, and
annually thereafter, a report describing the strategic plan
developed by the TPCC pursuant to section 5 of this order, the
implementation of such a plan, and any revisions to the plan.
---------------------------------------------------------------------------
\1\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
3. Export Expansion
a. Improving the U.S. Balance of Payments
Public Law 90-390 [H.R. 16162], 82 Stat. 296, approved July 7, 1968; as
amended by Public Law 96-470 [Congressional Reports Elimination Act of
1980; H.R. 6686], 94 Stat. 2237, approved October 19, 1980
AN ACT To enable the Export-Import Bank of the United States to approve
extension of certain loans, guarantees, and insurance in connection
with exports from the United States in order to improve the balance of
payments and foster the long-term commercial interests of the United
States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Section 1.\1\ (a) It is the policy of the Congress that the
Export-Import Bank of the United States should facilitate
through loans, guarantees, and insurance (including coinsurance
and reinsurance) those export transactions which, in the
judgment of the Board of Directors of the Bank, offer
sufficient likelihood of repayment to justify the Bank's
support in order to actively foster the foreign trade and long-
term commercial interest of the United States.
---------------------------------------------------------------------------
\1\ 12 U.S.C. 635j.
---------------------------------------------------------------------------
(b) The Bank shall specially designate loans, guarantees,
and insurance on the books of the Bank made under authority of
this Act. In connection with guarantees and insurance, not less
than 25 per centum of the related contractual liability of the
Bank shall be taken into account for the purpose of applying
the limitation imposed by section 7 of the Export-Import Bank
Act of 1945, as amended; but the full amount of the related
contractual liability of such guarantees and insurance shall be
taken into account for the purpose of applying the limitation
in section 2(c)(1) of that Act, concerning the amount of
guarantees and insurance the Bank may have outstanding at any
one time thereunder. The aggregate amount of loans plus 25 per
centum of the contractual liability of guarantees and insurance
outstanding at any one time under this Act shall not exceed
$500,000,000.
(c) \2\ * * * [Repealed--1980]
---------------------------------------------------------------------------
\2\ Sec. 115 of Public Law 96-470 (94 Stat. 2240) repealed subsec.
(c), which had required the Board of Directors of the Bank to submit a
quarterly report to Congress on all actions taken under authority of
this Act.
---------------------------------------------------------------------------
Sec. 2.\3\ In the event of any losses, as determined by the
Board of Directors of the Bank, incurred on loans, guarantees,
and insurance extended under this Act, the first $100,000,000
of such losses shall be borne by the Bank; the second
$100,000,000 of such losses shall be borne by the Secretary of
the Treasury; and any losses in excess thereof shall be borne
by the Bank. Reimbursement of the Bank by the Secretary of the
Treasury of the amount of losses which are to be borne by the
Secretary of the Treasury as aforesaid shall be from funds made
available pursuant to section 3 of this Act. All guarantees and
insurance issued by the Bank shall be considered contingent
obligations backed by the full faith and credit of the
Government of the United States of America.
---------------------------------------------------------------------------
\3\ 12 U.S.C. 635k.
---------------------------------------------------------------------------
Sec. 3.\4\ There are hereby authorized to be appropriated
to the Secretary of the Treasury without fiscal year limitation
$100,000,000 to cover the amount of any losses which are to be
borne by the Secretary of the Treasury as provided in section 2
hereof.
---------------------------------------------------------------------------
\4\ 12 U.S.C. 635l.
---------------------------------------------------------------------------
Sec. 4.\5\ Nothing in this Act shall be construed as a
limitation on the powers of the Bank under the Export-Import
Bank Act of 1945, as amended; and except as to the standard of
reasonable assurance of repayment required under section
2(b)(1) of that Act, all loans, guarantees, and insurance
extended hereunder shall be subject to the provisions of said
Export-Import Bank Act of 1945, as amended, and to the policies
of the Bank with respect to terms of repayment, interest rates,
fees, and premiums applicable to loans, guarantees, and
insurance extended under that Act.
---------------------------------------------------------------------------
\5\ 12 U.S.C. 635m.
---------------------------------------------------------------------------
Sec. 5.\6\ The Bank shall not extend loans, guarantees, or
insurance under this Act in connection with the sale of defense
articles or defense services.
---------------------------------------------------------------------------
\6\ 12 U.S.C. 635n.
b. Establishing the Export Expansion Advisory Committee
Executive Order 11420, July 31, 1968, 33 F.R. 10997, 12 U.S.C. 635j
note
Whereas foreign trade is an essential and continuing element in
sustaining the growth, strength, and prosperity of our
economy, contributes to the improvement of our balance of
payments, and fosters the long-term commercial interest of
the United States; and
Whereas, on March 20, 1968, I requested the Congress to empower
the Export-Import Bank of the United States to use up to
$500,000,000 of its loan, guarantee, and insurance
authority to finance a broadened program to sell American
goods in foreign markets; and
Whereas the Congress has authorized the Bank to extend loans,
guarantees, and insurance which, in the judgment of the
Board of Directors of the Bank, offer sufficient likelihood
of repayment to justify the Bank's support in order to
actively foster the foreign trade and long-term commercial
interest of the United States; and
Whereas it is desirable and appropriate that guidance
concerning the commercial interests and the balance of
payments objectives of the United States be provided to the
Board of Directors of the Bank in the use of such loan,
guarantee, and insurance authority allocated to finance
export expansion, and I have stated that I would establish
an Export Expansion Advisory Committee to provide such
guidance to the Board of Directors of the Bank:
Now, therefore, by virtue of the authority vested in me as
President of the United States, it is ordered as follows:
Section 1. Establishment of Advisory Committee. (a) There
is hereby established the Export Expansion Advisory Committee
(hereinafter referred to as ``the Committee'').
(b) The Committee shall be composed of the following
members: the Secretary of Commerce, who shall be Chairman of
the Committee, the Secretary of the Treasury, the Secretary of
State, and the President and Chairman of the Board of the
Export-Import Bank of the United States.
Sec. 2. Functions of the Committee. The Committee shall
review and make recommendations concerning applications and
proposals for loans, guarantees, and insurance to be charged
against allocations made to finance export expansion and shall
provide guidance to the Board of Directors of the Bank
concerning the use of such allocations with the view to
fostering the foreign trade and long-term commercial interest
of the United States.
Sec. 3. Construction. Nothing in this order shall be
construed to abrogate, modify, or restrict any function vested
by law in, or assigned pursuant to law to, any Federal agency,
or any officer thereof or to any Federal interagency council or
committee. As used herein the term ``any Federal agency''
includes any executive department and any other executive
agency.
4. Export Administration
a. Export Administration Act of 1979 \1\
Public Law 96-72 [S. 737], 93 Stat. 503, approved September 29, 1979;
as amended by Public Law 96-533 [International Security and
Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131,
approved December 16, 1980; Public Law 97-145 [Export
Administration Act of 1981; H.R. 3567], 95 Stat. 1727, approved
December 29, 1981; Public Law 98-108 [H.R. 3962], 97 Stat. 744,
approved October 1, 1983; Public Law 98-207 [H.R. 4476], 97 Stat.
1391, approved December 5, 1983; Public Law 98-222 [H.R. 4956], 98
Stat. 36, approved February 29, 1984; Public Law 99-64 [Export
Administration Amendments Act of 1985; S. 883], 99 Stat. 120,
approved July 12, 1985; Public Law 99-399 [Omnibus Diplomatic
Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853,
approved August 27, 1986; Public Law 99-633 [S. 2245], 100 Stat.
3522, approved November 7, 1986; Public Law 100-418 [Omnibus Trade
and Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107,
approved August 23, 1988; Public Law 100-449 [United States-Canada
Free-Trade Agreement Implementation Act of 1988; H.R. 5090], 102
Stat. 1851, approved September 28, 1988; Public Law 101-222 [Anti-
Terrorism and Arms Export Amendments Act of 1989; H.R. 91], 103
Stat. 1892, approved December 12, 1989; Public Law 101-510
[National Defense Authorization Act for Fiscal Year 1991; H.R.
4739], 104 Stat. 1485, approved November 5, 1990; Public Law 102-
138 [Foreign Relations Authorization Act, Fiscal Years 1992 and
1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public
Law 102-182 [H.R. 1724], 105 Stat. 1233, approved December 4, 1991;
Public Law 103-10 [H.R. 750], 107 Stat. 40, approved March 27,
1993; Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat.
2317, approved December 17, 1993; Public Law 103-236 [Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995; H.R.
2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-277
[H.R. 4635], 108 Stat. 1407, approved July 5, 1994; Public Law 104-
316 [General Accounting Office Act of 1996; H.R. 3864], 110 Stat.
3826, approved October 19, 1996; Public Law 105-277 [Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999;
H.R. 4328], 111 Stat. 2681, approved October 21, 1998; Public Law
106-508 [H.R. 5239], 114 Stat. 2360, approved November 13, 2000;
and Public Law 108-458 [Intelligence Reform and Terrorism
Prevention Act of 2004; S. 2845], 118 Stat. 3638, approved December
17, 2004
Note.--The Export Administration Act of 1979 replaced
the Export Administration Act of 1969, as amended,
which expired on September 30, 1979. The Export
Administration Amendments Act of 1985 [Public Law 99-
64; 99 Stat. 120] comprehensively amended the Export
Administration Act of 1979.
AN ACT To provide authority to regulate exports, to improve the
efficiency of export regulation, and to minimize interference with the
ability to engage in commerce.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1.\1\ This Act may be cited as the ``Export
Administration Act of 1979''.
---------------------------------------------------------------------------
\1\ 50 U.S.C. app. 2401 note.
---------------------------------------------------------------------------
findings
Sec. 2.\2\ The Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 50 U.S.C. app. 2401.
---------------------------------------------------------------------------
(1) The ability of the United States citizens to
engage in international commerce is a fundamental
concern of United States policy.
(2) Exports contribute significantly to the economic
well-being of the United States and the stability of
the world economy by increasing employment and
production in the United States, and by earning foreign
exchange, thereby contributing favorably to the trade
balance. The restriction of exports from the United
States can have serious adverse effects on the balance
of payments and on domestic employment, particularly
when restrictions applied by the United States are more
extensive than those imposed by other countries.
(3) It is important for the national interest of the
United States that both the private sector and the
Federal Government place a high priority on exports,
consistent with the economic, security, and foreign
policy objectives of the United States.
(4) The availability of certain materials at home and
abroad varies so that the quantity and composition of
United States exports and their distribution among
importing countries may affect the welfare of the
domestic economy and may have an important bearing upon
fulfillment of the foreign policy of the United States.
(5) Exports of goods or technology without regard to
whether they make a significant contribution to the
military potential of individual countries or
combinations of countries may adversely affect the
national security of the United States.
(6) Uncertainty of export control policy can inhibit
the efforts of United States business and work to the
detriment of the overall attempt to improve the trade
balance of the United States.
(7) Unreasonable restrictions on access to world
supplies can cause worldwide political and economic
instability, interfere with free international trade,
and retard the growth and development of nations.
(8) It is important that the administration of export
controls imposed for national security purposes give
special emphasis to the need to control exports of
technology (and goods which contribute significantly to
the transfer of such technology) which could make a
significant contribution to the military potential of
any country or combination of countries which would be
detrimental to the national security of the United
States.
(9) Minimization of restrictions on exports of
agricultural commodities and products is of critical
importance to the maintenance of a sound agricultural
sector, to a positive contribution to the balance of
payments, to reducing the level of Federal expenditures
for agricultural support programs, and to United States
cooperation in efforts to eliminate malnutrition and
world hunger.
(10) It is important that the administration of
export controls imposed for foreign policy purposes
give special emphasis to the need to control exports of
goods and substances hazardous to the public health and
the environment which are banned or severely restricted
for use in the United States, and which, if exported,
could affect the international reputation of the United
States as a responsible trading partner.
(11) \3\ Availability to controlled countries of
goods and technology from foreign sources is a
fundamental concern of the United States and should be
eliminated through negotiations and other appropriate
means whenever possible.
---------------------------------------------------------------------------
\3\ Sec. 201(a) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2320) struck out para. (11), and redesignated paras. (12) and
(13) as paras. (11) and (12), respectively. Para. (11) formerly read as
follows:
``(11) The acquisition of national security sensitive goods and
technology by the Soviet Union and other countries the actions or
policies of which run counter to the national security interests of the
United States, has led to the significant enhancement of Soviet bloc
military-industrial capabilities. This enhancement poses a threat to
the security of the United States, its allies, and other friendly
nations, and places additional demands on the defense budget of the
United States.''.
---------------------------------------------------------------------------
(12) \3\ Excessive dependence of the United States,
its allies, or countries sharing common strategic
objectives with the United States, on energy and other
critical resources from potential adversaries can be
harmful to the mutual and individual security of all
those countries.
declaration of policy
Sec. 3.\4\ The Congress makes the following declarations:
---------------------------------------------------------------------------
\4\ 50 U.S.C. app. 2402.
---------------------------------------------------------------------------
(1) It is the policy of the United States to minimize
uncertainties in export control policy and to encourage
trade with all countries with which the United States
has diplomatic or trading relations, except those
countries with which such trade has been determined by
the President to be against the national interest.
(2) It is the policy of the United States to use
export controls only after full consideration of the
impact on the economy of the United States and only to
the extent necessary--
(A) \5\ to restrict the export of goods and
technology which would make a significant
contribution to the military potential of any
other country or combination of countries which
would prove detrimental to the national
security of the United States;
---------------------------------------------------------------------------
\5\ Sec. 1701 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1738) provided the following:
---------------------------------------------------------------------------
``sec. 1701. policy.
---------------------------------------------------------------------------
``It should be the policy of the United States to take all
appropriate measures--
---------------------------------------------------------------------------
``(1) to discourage the proliferation, development, and production of the
weapons, material, and technology necessary to produce or acquire missiles
that can deliver weapons of mass destruction;
``(2) to discourage countries and private persons in other countries from
aiding and abetting any states from acquiring such weapons, material, and
technology;
``(3) to strengthen United States and existing multilateral export
controls to prohibit the flow of materials, equipment, and technology that
would assist countries in acquiring the ability to produce or acquire
missiles that can deliver weapons of mass destruction, including missiles,
warheads and weaponization technology, targeting technology, test and
evaluation technology, and range and weapons effect measurement technology;
and
``(4) with respect to the Missile Technology Control Regime (`MTCR') and
its participating governments--
``(A) to improve enforcement and seek a common and stricter
interpretation among MTCR members of MTCR principles;
``(B) to increase the number of countries that adhere to the MTCR; and
``(C) to increase information sharing among United States agencies and
among governments on missile technology transfer, including export
licensing, and enforcement activities.''.
(B) to restrict the export of goods and
technology where necessary to further
significantly the foreign policy of the United
States or to fulfill its declared international
obligations; and
(C) to restrict the export of goods where
necessary to protect the domestic economy from
the excessive drain of scarce materials and to
reduce the serious inflationary impact of
foreign demand.
(3) It is the policy of the United States (A) to
apply any necessary controls to the maximum extent
possible in cooperation with all nations, and (B) to
encourage observance of a uniform export control policy
by all nations with which the United States has defense
treaty commitments or common strategic objectives.
(4) It is the policy of the United States to use its
economic resources and trade potential to further the
sound growth and stability of its economy as well as to
further its national security and foreign policy
objectives.
(5) It is the policy of the United States--
(A) to oppose restrictive trade practices or
boycotts fostered or imposed by foreign
countries against other countries friendly to
the United States or against any United States
person;
(B) to encourage and, in specified cases,
require United States persons engaged in the
export of goods or technology or other
information to refuse to take actions,
including furnishing information or entering
into or implementing agreements, which have the
effect of furthering or supporting the
restrictive trade practices or boycotts
fostered or imposed by any foreign country
against a country friendly to the United States
or against any United States person; and
(C) to foster international cooperation and
the development of international rules and
institutions to assure reasonable access to
world supplies.
(6) It is the policy of the United States that the
desirability of subjecting, or continuing to subject,
particular goods or technology or other information to
United States export controls should be subjected to
review by and consultation with representatives of
appropriate United States Government agencies and
private industry.
(7) It is the policy of the United States to use
export controls, including license fees, to secure the
removal by foreign countries of restrictions on access
to supplies where such restrictions have or may have a
serious domestic inflationary impact, have caused or
may cause a serious domestic shortage, or have been
imposed for purposes of influencing the foreign policy
of the United States. In effecting this policy, the
President shall make reasonable and prompt efforts to
secure the removal or reduction of such restrictions,
policies, or actions through international cooperation
and agreement before imposing export controls. No
action taken in fulfillment of the policy set forth in
this paragraph shall apply to the export of medicine or
medical supplies.
(8) It is the policy of the United States to use
export controls to encourage other countries to take
immediate steps to prevent the use of their territories
or resources to aid, encourage, or give sanctuary to
those persons involved in directing, supporting, or
participating in acts of international terrorism. To
achieve this objective, the President shall make
reasonable and prompt efforts to secure the removal or
reduction of such assistance to international
terrorists through international cooperation and
agreement before imposing export controls.
(9) It is the policy of the United States to
cooperate with other countries with which the United
States has defense treaty commitments or common
strategic objectives in restricting the export of goods
and technology which would make a significant
contribution to the military potential of any country
or combination of countries which would prove
detrimental to the security of the United States and of
those countries with which the United States has
defense treaty commitments, or common strategic
objectives, and to encourage other friendly countries
to cooperate in restricting the sale of goods and
technology that can harm the security of the United
States.
(10) It is the policy of the United States that
export trade by United States citizens be given a high
priority and not be controlled except when such
controls (A) are necessary to further fundamental
national security, foreign policy, or short supply
objectives, (B) will clearly further such objectives,
and (C) are administered consistent with basic
standards of due process.
(11) It is the policy of the United States to
minimize restrictions on the export of agricultural
commodities and products.
(12) It is the policy of the United States to sustain
vigorous scientific enterprise. To do so involves
sustaining the ability of scientists and other scholars
freely to communicate research findings, in accordance
with applicable provisions of law, by means of
publication, teaching, conferences, and other forms of
scholarly exchange.
(13) It is the policy of the United States to control
the export of goods and substances banned or severely
restricted for use in the United States in order to
foster public health and safety and to prevent injury
to the foreign policy of the United States as well as
to the credibility of the United States as a
responsible trading partner.
(14) It is the policy of the United States to
cooperate with countries which are allies of the United
States and countries which share common strategic
objectives with the United States in minimizing
dependence on imports of energy and other critical
resources from potential adversaries and in developing
alternative supplies of such resources in order to
minimize strategic threats posed by excessive hard
currency earnings derived from such resource exports by
countries with policies adverse to the security
interests of the United States.\6\
---------------------------------------------------------------------------
\6\ Sec. 201(b)(2) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2321) repealed para. (15) which formerly read as follows:
``(15) It is the policy of the United States, particularly in light
of the Soviet massacre of innocent men, women, and children aboard
Korean Air Lines flight 7, to continue to object to exceptions to the
International Control List for the Union of Soviet Socialist Republics,
subject to periodic review by the President.''.
Congress stated findings in support of this repeal at sec.
201(b)(1) of Public Law 103-199 (107 Stat. 2320; 50 U.S.C. app. 2402
note).
---------------------------------------------------------------------------
general provisions
Sec. 4.\7\ (a) Types of Licenses.--Under such conditions as
may be imposed by the Secretary which are consistent with the
provisions of this Act, the Secretary may require any of the
following types of export licenses:
---------------------------------------------------------------------------
\7\ 50 U.S.C. app. 2403.
---------------------------------------------------------------------------
(1) A validated license, authorizing a specific
export, issued pursuant to an application by the
exporter.
(2) Validated licenses authorizing multiple exports,
issued pursuant to an application by the exporter, in
lieu of an individual validated license for each such
export, including, but not limited to, the following:
(A) A distribution license, authorizing
exports of goods to approved distributors or
users of the goods in countries other than
controlled countries, except that the Secretary
may establish a type of distribution license
appropriate for consignees in the People's
Republic of China.\9\ The Secretary shall grant
the distribution license primarily on the basis
of the reliability of the applicant and foreign
consignees with respect to the prevention of
diversion of goods to controlled countries. The
Secretary shall have the responsibility of
determining, with the assistance of all
appropriate agencies, the reliability of
applicants and their immediate consignees. The
Secretary's determination shall be based on
appropriate investigations of each applicant
and periodic reviews of licensees and their
compliance with the terms of licenses issued
under this Act. Factors such as the applicant's
products or volume of business, or the
consignees' geographic location, sales
distribution area, or degree of foreign
ownership, which may be relevant with respect
to individual cases, shall not be determinative
in creating categories or general criteria for
the denial of applications or withdrawal of a
distribution license.
---------------------------------------------------------------------------
\8\ Sec. 2412(1) of Public Law 100-418 (102 Stat. 1347) inserted
``, except that the Secretary may establish a type of distribution
license appropriate for consignees in the People's Republic of China''.
---------------------------------------------------------------------------
(B) A comprehensive operations license,
authorizing exports and reexports of technology
and related goods, including items from the
list of militarily critical technologies
developed pursuant to section 5(d) of this Act
which are included on the control list in
accordance with that section, from a domestic
concern to and among its foreign subsidiaries,
affiliates, joint venturers, and licensees that
have long-term, contractually defined relations
with the exporter, are located in countries
other than controlled countries, (except the
People's Republic of China) \9\ and are
approved by the Secretary. The Secretary shall
grant the license to manufacturing, laboratory,
or related operations on the basis of approval
of the exporter's systems of control, including
internal proprietary controls, applicable to
the technology and related goods to be exported
rather than approval of individual export
transactions. The Secretary and the
Commissioner of Customs, consistent with their
authorities under section 12(a) of this Act,
and with the assistance of all appropriate
agencies, shall periodically, but not less
frequently than annually, perform audits of
licensing procedures under this subparagraph in
order to assure the integrity and effectiveness
of those procedures.
---------------------------------------------------------------------------
\9\ Sec. 2412(2) of Public Law 100-418 (102 Stat. 1347) inserted
``(except the People's Republic of China)''.
---------------------------------------------------------------------------
(C) A project license, authorizing exports of
goods or technology for a specified activity.
(D) A service supply license, authorizing
exports of spare or replacement parts for goods
previously exported.
(3) A general license, authorizing exports, without
application by the exporter.
(4) Such other licenses as may assist in the
effective and efficient implementation of this Act.
(b) Control List.--The Secretary shall establish and
maintain a list (hereinafter in this Act referred to as the
``control list'') stating license requirements (other than for
general licenses) for exports of goods and technology under
this Act.
(c) Foreign Availability.--In accordance with the
provisions of this Act, the President shall not impose export
controls for foreign policy or national security purposes on
the export from the United States of goods or technology which
he determines are available without restriction from sources
outside the United States in sufficient quantities and
comparable in quality to those produced in the United States,
so as to render the controls ineffective in achieving their
purposes unless the President determines that adequate evidence
has been presented to him demonstrating that the absence of
such controls would prove detrimental to the foreign policy or
national security of the United States. In complying with the
provisions of this subsection, the President shall give strong
emphasis to bilateral or multilateral negotiations to eliminate
foreign availability. The Secretary and the Secretary of
Defense shall cooperate in gathering information relating to
foreign availability, including the establishment and
maintenance of a jointly operated computer system.
(d) Right of Export.--No authority or permission to export
may be required under this Act, or under regulations issued
under this Act, except to carry out the policies set forth in
section 3 of this Act.
(e) Delegation of Authority.--The President may delegate
the power, authority, and discretion conferred upon him by this
Act to such departments, agencies, or officials of the
Government as he may consider appropriate, except that no
authority under this Act may be delegated to, or exercised by,
any official of any department or agency the head of which is
not appointed by the President, by and with the advice and
consent of the Senate. The President may not delegate or
transfer his power, authority, and discretion to overrule or
modify any recommendation or decision made by the Secretary,
the Secretary of Defense, or the Secretary of State pursuant to
the provisions of this Act.
(f) Notification of the Public; Consultation With
Business.--The Secretary shall keep the public fully apprised
of changes in export control policy and procedures instituted
in conformity with this Act with a view to encouraging trade.
The Secretary shall meet regularly with representatives of a
broad spectrum of enterprises, labor organizations, and
citizens interested in or affected by export controls, in order
to obtain their views on United States export control policy
and the foreign availability of goods and technology.
(g) \10\ Fees.--No fee may be charged in connection with the
submission or processing of an export license application.
---------------------------------------------------------------------------
\10\ Sec. 2411 of the Omnibus Trade and Competitiveness Act of 1988
(Public Law 100-418; 102 Stat. 1347) added subsec. (g).
---------------------------------------------------------------------------
national security controls
Sec. 5.\11\ (a) Authority.--(1) In order to carry out the
policy set forth in section 3(2)(A) of this Act, the President
may, in accordance with the provisions of this section,
prohibit or curtail the export of any goods or technology
subject to the jurisdiction of the United States or exported by
any person subject to the jurisdiction of the United States.
The authority contained in this subsection includes the
authority to prohibit or curtail the transfer of goods or
technology within the United States to embassies and affiliates
of controlled countries. For purposes of the preceding
sentence, the term ``affiliates'' includes both governmental
entities and commercial entities that are controlled in fact by
controlled countries.\12\ The authority contained in this
subsection shall be exercised by the Secretary, in consultation
with the Secretary of Defense, and such other departments and
agencies as the Secretary considers appropriate, and shall be
implemented by means of export licenses described in section
4(a) of this Act.
---------------------------------------------------------------------------
\11\ 50 U.S.C. app. 2404.
\12\ Sec. 2413 of Public Law 100-418 (102 Stat. 1347) inserted
``For purposes of the preceding sentence, the term `affiliates'
includes both governmental entities and commercial entities that are
controlled in fact by controlled countries.''.
---------------------------------------------------------------------------
(2) Whenever the Secretary makes any revision with respect
to any goods or technology, or with respect to the countries or
destinations, affected by export controls imposed under this
section, the Secretary shall publish in the Federal Register a
notice of such revision and shall specify in such notice that
the revision relates to controls imposed under the authority
contained in this section.
(3) In issuing regulations to carry out this section,
particular attention shall be given to the difficulty of
devising effective safeguards to prevent a country that poses a
threat to the security of the United States from diverting
critical technologies to military use, the difficulty of
devising effective safeguards to protect critical goods, and
the need to take the effective measures to prevent the reexport
of critical technologies from other countries to countries that
pose a threat to the security of the United States.
(4) \13\ (A) No authority or permission may be required under
this section to reexport any goods or technology subject to the
jurisdiction of the United States to any country which
maintains export controls on such goods or technology
cooperatively with the United States pursuant to the agreement
of the group known as the Coordinating Committee, or pursuant
to an agreement described in subsection (k) of this section.
The Secretary may require any person reexporting any goods or
technology under this subparagraph to notify the Secretary of
such reexports.
---------------------------------------------------------------------------
\13\ Sec. 2414 of Public Law 100-418 (102 Stat. 1347) added para.
(4).
---------------------------------------------------------------------------
(B) Notwithstanding subparagraph (A), the Secretary may
require authority or permission to reexport the following:
(i) supercomputers;
(ii) goods or technology for sensitive nuclear uses
(as defined by the Secretary);
(iii) devices for surreptitious interception of wire
or oral communications; and
(iv) goods or technology intended for such end users
as the Secretary may specify by regulation.
(5)(A) Except as provided in subparagraph (B), no authority
or permission may be required under this section to reexport
any goods or technology subject to the jurisdiction of the
United States from any country when the goods or technology to
be reexported are incorporated in another good and--
(i) the value of the controlled United States content
of that other good is 25 percent or less of the total
value of the good; or
(ii) the export of the goods or technology to a
controlled country would require only notification of
the participating governments of the Coordinating
Committee.
For purposes of this paragraph, the ``controlled United States
content'' of a good means those goods or technology subject to
the jurisdiction of the United States which are incorporated in
the good, if the export of those goods or technology from the
United States to a country, at the time that the good is
exported to that country, would require a validated license.
(B) The Secretary may by regulation provide that subparagraph
(A) does not apply to the reexport of a supercomputer which
contains goods or technology subject to the jurisdiction of the
United States.
(6) Not later than 90 days after the date of the enactment of
this paragraph, the Secretary shall issue regulations to carry
out paragraphs (4) and (5). Such regulations shall define the
term `supercomputer' for purposes of those paragraphs.
(b) Policy Toward Individual Countries.--(1) \14\ In
administering export controls for national security purposes
under this section, the President shall establish as a list of
controlled countries those countries set forth in section
620(f) of the Foreign Assistance Act of 1961, except that the
President may add any country to or remove any country from
such list of controlled countries if he determines that the
export of goods or technology to such country would or would
not (as the case may be) make a significant contribution to the
military potential of such country or a combination of
countries which would prove detrimental to the national
security of the United States. In determining whether a country
is added to or removed from the list of controlled countries,
the President shall take into account--
---------------------------------------------------------------------------
\14\ Sec. 2425(b) of Public Law 100-418 (102 Stat. 1360) required
the following:
``(b) Report by Secretaries of Commerce and Defense.--The Secretary
of Commerce and the Secretary of Defense shall each evaluate and, not
later than 4 months after the date of the enactment of this Act [August
23, 1988], shall jointly prepare and submit a report to the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the review by the
Department of Defense, for national security purposes as provided in
the Export Administration Act of 1979, of export license applications
for exports to countries other than controlled countries under section
5(b)(1) of that Act.''.
---------------------------------------------------------------------------
(A) the extent to which the country's policies are
adverse to the national security interests of the
United States;
(B) the country's Communist or non-Communist status;
(C) the present and potential relationship of the
country with the United States;
(D) the present and potential relationship of the
country with countries friendly or hostile to the
United States;
(E) the country's nuclear weapons capability and the
country's compliance record with respect to
multilateral nuclear weapons agreements to which the
United States is a party; and
(F) such other factors as the President considers
appropriate.
Nothing in the preceding sentence shall be interpreted to limit
the authority of the President provided in this Act to prohibit
or curtail the export of any goods or technology to any country
to which exports are controlled for national security purposes
other than countries on the list of controlled countries
specified in this paragraph. The President shall review not
less frequently than every three years in the case of controls
maintained cooperatively with other nations, and annually in
the case of all other controls, United States policy toward
individual countries to determine whether such policy is
appropriate in light of the factors set forth in this
paragraph.
(2) \15\ (A) Except as provided in subparagraph (B), no
authority or permission may be required under this section to
export goods or technology to a country which maintains export
controls on such goods or technology cooperatively with the
United States pursuant to the agreement of the group known as
the Coordinating Committee or pursuant to an agreement
described in subsection (k) of this section, if the export of
such goods or technology to the People's Republic of China or a
controlled country on the date of the enactment of the Export
Enhancement Act of 1988 would require only notification of the
participating governments of the Coordinating Committee.
---------------------------------------------------------------------------
\15\ Sec. 2415(a) of Public Law 100-418 (102 Stat. 1348) amended
and restated para. (2).
---------------------------------------------------------------------------
(B)(i) The Secretary may require a license for the export of
goods or technology described in subparagraph (A) to such end
users as the Secretary may specify by regulation.
(ii) The Secretary may require any person exporting goods or
technology under this paragraph to notify the Secretary of
those exports.
(C) The Secretary shall, within 3 months after the date of
the enactment of the Export Enhancement Act of 1988, determine
which countries referred to in subparagraph (A) are
implementing an effective export control system consistent with
principles agreed to in the Coordinating Committee, including
the following:
(i) national laws providing appropriate civil and
criminal penalties and statutes of limitations
sufficient to deter potential violations;
(ii) a program to evaluate export license
applications that includes sufficient technical
expertise to assess the licensing status of exports and
ensure the reliability of end-users;
(iii) an enforcement mechanism that provides
authority for trained enforcement officers to
investigate and prevent illegal exports;
(iv) a system of export control documentation to
verify the movement of goods and technology; and
(v) procedures for the coordination and exchange of
information concerning violations of the agreement of
the Coordinating Committee.
The Secretary shall, at least once each year, review the
determinations made under the preceding sentence with respect
to all countries referred to in subparagraph (A). The Secretary
may, as appropriate, add countries to, or remove countries
from, the list of countries that are implementing an effective
export control system in accordance with this subparagraph. No
authority or permission to export may be required for the
export of goods or technology to a country on such list.
(3)(A) \16\ No authority or permission may be required under
this section to export to any country, other than a controlled
country, any goods or technology if the export of the goods or
technology to controlled countries would require only
notification of the participating governments of the
Coordinating Committee.
---------------------------------------------------------------------------
\16\ Sec. 2415(b) of Public Law 100-418 (102 Stat. 1349) added
para. 3.
---------------------------------------------------------------------------
(B) The Secretary may require any person exporting any goods
or technology under subparagraph (A) to notify the Secretary of
those exports.
(c) Control List.--(1) The Secretary shall establish and
maintain, as part of the control list, a list of all goods and
technology subject to export controls under this section. Such
goods and technology shall be clearly identified as being
subject to controls under this section.
(2) The Secretary of Defense and other appropriate
departments and agencies shall identify goods and technology
for inclusion on the list referred to in paragraph (1). Those
items which the Secretary and the Secretary of Defense concur
shall be subject to export controls under this section shall
comprise such list. If the Secretary and the Secretary of
Defense are unable to concur on such items, as determined by
the Secretary, the Secretary of Defense may, within 20 days
after receiving notification of the Secretary's determination,
refer the matter to the President for resolution. The Secretary
of Defense shall notify the Secretary of any such referral. The
President shall, not later than 20 days after such referral,
notify the Secretary of his determination with respect to the
inclusion of such items on the list. Failure of the Secretary
of Defense to notify the President or the Secretary, or failure
of the President to notify the Secretary, in accordance with
this paragraph, shall be deemed by the Secretary to constitute
concurrence in the implementation of the actions proposed by
the Secretary regarding the inclusion of such items on the
list.\17\
---------------------------------------------------------------------------
\17\ Sec. 2416(a) of Public Law 100-418 (102 Stat. 1349) struck out
``If the Secretary and the Secretary of Defense are unable to concur on
such items, the matter shall be referred to the President for
resolution.'' and inserted in lieu thereof the final four sentences of
para. (2).
---------------------------------------------------------------------------
(3) \18\ The Secretary shall conduct partial reviews of the
list established pursuant to this subsection at least once each
calendar quarter in order to carry out the policy set forth in
section 3(2)(A) of this Act and the provisions of this section,
and shall promptly make such revisions of the list as may be
necessary after each such review. Before beginning each
quarterly review, the Secretary shall publish notice of that
review in the Federal Register. The Secretary shall provide a
30-day period during each review for comment and the submission
of data, with or without oral presentation, by interested
Government agencies and other affected or potentially affected
parties. After consultation with appropriate Government
agencies, the Secretary shall make a determination of any
revisions in the list within 30 days after the end of the
review period. The concurrence or approval of any other
department or agency is not required before any such revision
is made. The Secretary shall publish in the Federal Register
any revisions in the list, with an explanation of the reasons
for the revisions. The Secretary shall use the data developed
from each review in formulating United States proposals
relating to multilateral export controls in the group known as
the Coordinating Committee. The Secretary shall further assess,
as part of each review, the availability from sources outside
the United States of goods and technology comparable to those
subject to export controls imposed under this section. All
goods and technology on the list shall be reviewed at least
once each year. The provisions of this paragraph apply to
revisions of the list which consist of removing items from the
list or making changes in categories of, or other
specifications in, items on the list.
---------------------------------------------------------------------------
\18\ Sec. 2416(b) of Public Law 100-418 (102 Stat. 1349) amended
and restated para. (3).
---------------------------------------------------------------------------
(4) \19\ The appropriate technical advisory committee
appointed under subsection (h) of this section shall be
consulted by the Secretary with respect to changes, pursuant to
paragraph (2) or (3), in the list established pursuant to this
subsection, and such technical advisory committee may submit
recommendations to the Secretary with respect to such changes.
The Secretary shall consider the recommendations of the
technical advisory committee and shall inform the committee of
the disposition of its recommendations.
---------------------------------------------------------------------------
\19\ Sec. 2416(b)(3) of Public Law 100-418 (102 Stat. 1350) added
para. (4).
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(5) \20\ (A) Not later than 6 months after the date of the
enactment of this paragraph, the following shall no longer be
subject to export controls under this section:
---------------------------------------------------------------------------
\20\ Sec. 2416(c) of Public Law 100-418 (102 Stat. 1350) added
paras. (5) and (6).
---------------------------------------------------------------------------
(i) All goods or technology the export of which to
controlled countries on the date of the enactment of
the Export Enhancement Act of 1988 would require only
notification of the participating governments of the
Coordinating Committee, except for those goods or
technology on which the Coordinating Committee agrees
to maintain such notification requirement.
(ii) All medical instruments and equipment, subject
to the provisions of subsection (m) of this section.
(B) The Secretary shall submit to the Congress annually a
report setting forth the goods and technology from which export
controls have been removed under this paragraph.
(6) \20\ (A) Notwithstanding subsection (f) or (h)(6) of this
section, any export control imposed under this section which is
maintained unilaterally by the United States shall expire 6
months after the date of the enactment of this paragraph, or 6
months after the export control is imposed, whichever date is
later, except that--
(i) any such export controls on those goods or
technology for which a determination of the Secretary
that there is no foreign availability has been made
under subsection (f) or (h)(6) of this section before
the end of the applicable 6-month period and is in
effect may be renewed for periods of not more than 6
months each, and
(ii) any such export controls on those goods or
technology with respect to which the President, by the
end of the applicable 6-month period, is actively
pursuing negotiations with other countries to achieve
multilateral export controls on those goods or
technology may be renewed for 2 periods of not more
than 6 months each.
(B) Export controls on goods or technology described in
clause (i) or (ii) of subparagraph (A) may be renewed only if,
before each renewal, the President submits to the Congress a
report setting forth all the controls being renewed and stating
the specific reasons for such renewal.
(7) \21\ Notwithstanding any other provision of this
subsection, after 1 year has elapsed since the last review in
the Federal Register on any item within a category on the
control list the export of which to the People's Republic of
China would require only notification of the members of the
group known as the Coordinating Committee, an export license
applicant may file an allegation with the Secretary that such
item has not been so reviewed within such 1-year period. Within
90 days after receipt of such allegation, the Secretary--
---------------------------------------------------------------------------
\21\ Sec. 2416(c)(3) of Public Law 100-418 (102 Stat. 1351) added
para. (7).
---------------------------------------------------------------------------
(A) shall determine the truth of the allegation;
(B) shall, if the allegation is confirmed, commence
and complete the review of the item; and
(C) shall, pursuant to such review, submit a finding
for publication in the Federal Register.
In such finding, the Secretary shall identify those goods or
technology which shall remain on the control list and those
goods or technology which shall be removed from the control
list. If such review and submission for publication are not
completed within that 90-day period, the goods or technology
encompassed by such item shall immediately be removed from the
control list.
(d) Militarily Critical Technologies.--(1) The Secretary,
in consultation with the Secretary of Defense, shall review and
revise the list established pursuant to subsection (c), as
prescribed in paragraph (3) of such subsection, for the purpose
of insuring that export controls imposed under this section
cover and (to the maximum extent consistent with the purposes
of this Act) are limited to militarily critical goods and
technologies and the mechanisms through which such goods and
technologies may be effectively transferred.
(2) The Secretary of Defense shall bear primary
responsibility for developing a list of militarily critical
technologies. In developing such list, primary emphasis shall
be given to--
(A) arrays of design and manufacturing know-how.
(B) keystone manufacturing, inspection, and test
equipment,
(C) goods accompanied by sophisticated operation,
application, or maintenance know-how; and
(D) keystone equipment which would reveal or give
insight into the design and manufacture of a United
States military system,
which are not possessed by, or available in fact from sources
outside the United States to, controlled countries and which,
if exported, would permit a significant advance in a military
system of any such country.
(3) The list referred to in paragraph (2) shall be
sufficiently specific to guide the determinations of any
official exercising export licensing responsibilities under
this Act.
(4) The Secretary and the Secretary of Defense shall
integrate items on the list of militarily critical technologies
into the control list in accordance with the requirements of
subsection (c) of this section. The integration of items on the
list of militarily critical technologies into the control list
shall proceed with all deliberate speed. Any disagreement
between the Secretary and the Secretary of Defense regarding
the integration of an item on the list of militarily critical
technologies into the control list shall be resolved by the
President. Except in the case of a good or technology for which
a validated license may be required under subsection (f)(4) or
(h)(6) of this section, a good or technology shall be included
on the control list only if the Secretary finds that controlled
countries do not possess that good or technology, or a
functionally equivalent good or technology, and the good or
technology or functionally equivalent good or technology, is
not available in fact to a controlled country from sources
outside the United States in sufficient quantity and of
comparable quality so that the requirement of a validated
license for the export of such good or technology is or would
be ineffective in achieving the purpose set forth in subsection
(a) of this section. The Secretary and the Secretary of Defense
shall jointly submit a report to the Congress, not later than 1
year after the date of the enactment of the Export
Administration Amendments Act of 1985, on actions taken to
carry out this paragraph. For the purposes of this paragraph,
assessment of whether a good or technology is functionally
equivalent shall include consideration of the factors described
in subsection (f)(3) of this section.
(5) The Secretary of Defense shall establish a procedure
for reviewing the goods and technology on the list of
militarily critical technologies on an ongoing basis \22\ for
the purpose of removing from the list of militarily critical
technologies any goods or technology that are no longer
militarily critical. The Secretary of Defense may add to the
list of militarily critical technologies any goods or
technology that the Secretary of Defense determines is
militarily critical, consistent with the provisions of
paragraph (2) of this subsection. If the Secretary and the
Secretary of Defense disagree as to whether any change in the
list of militarily critical technologies by the addition or
removal of a good or technology should also be made in the
control list, consistent with the provisions of the fourth
sentence of paragraph (4) of this subsection, the President
shall resolve the disagreement.
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\22\ Sec. 2416(b)(2) of Public Law 100-418 (102 Stat. 1350) struck
out ``at least annually'' and inserted in lieu thereof ``on an ongoing
basis''.
---------------------------------------------------------------------------
(6) The establishment of adequate export controls for
militarily critical technology and keystone equipment shall be
accompanied by suitable reductions in the controls on the
products of that technology and equipment.
(7) The Secretary of Defense shall, not later than 1 year
after the date of the enactment of the Export Administration
Amendments Act of 1985, report to the Congress on efforts by
the Department of Defense to assess the impact that the
transfer of goods or technology on the list of militarily
critical technologies to controlled countries has had or will
have on the military capabilities of those countries.
(e) Export Licenses.--(1) The Congress finds that the
effectiveness and efficiency of the process of making export
licensing determinations under this section is severely
hampered by the large volume of validated export license
applications required to be submitted under this Act.
Accordingly, it is the intent of Congress in this subsection to
encourage the use of the multiple validated export licenses
described in section 4(a)(2) of this Act in lieu of individual
validated licenses.
(2) To the maximum extent practicable, consistent with the
national security of the United States, the Secretary shall
require a validated license under this section for the export
of goods or technology only if--
(A) the export of such goods or technology is
restricted pursuant to a multilateral agreement, formal
or informal, to which the United States is a party and,
under the terms of such multilateral agreement, such
export requires the specific approval of the parties to
such multilateral agreement;
(B) with respect to such goods or technology, other
nations do not possess capabilities comparable to those
possessed by the United States; or
(C) the United States is seeking the agreement of
other suppliers to apply comparable controls to such
goods or technology and, in the judgment of the
Secretary, United States export controls on such goods
or technology, by means of such license, are necessary
pending the conclusion of such agreement.
(3) The Secretary, subject to the provisions of subsection
(l) of this section, shall not require an individual validated
export license for replacement parts which are exported to
replace on a one-for-one basis parts that were in a good that
has been lawfully exported from the United States.
(4) The Secretary shall periodically review the procedures
with respect to the multiple validated export licenses, taking
appropriate action to increase their utilization by reducing
qualification requirements or lowering minimum thresholds, to
combine procedures which overlap, and to eliminate those
procedures which appear to be of marginal utility.
(5) The export of goods subject to export controls under
this section shall be eligible, at the discretion of the
Secretary, for a distribution license and other licenses
authorizing multiple exports of goods, in accordance with
section 4(a)(2) of this Act. The export of technology and
related goods subject to export controls under this section
shall be eligible for a comprehensive operations license in
accordance with section 4(a)(2)(B) of this Act.
(6) \23\ Any application for a license for the export to the
People's Republic of China of any good on which export controls
are in effect under this section, without regard to the
technical specifications of the good, for the purpose of
demonstration or exhibition at a trade show shall carry a
presumption of approval if--
---------------------------------------------------------------------------
\23\ Sec. 2417 of Public Law 100-418 (102 Stat. 1351) added para.
(6).
---------------------------------------------------------------------------
(A) the United States exporter retains title to the
good during the entire period in which the good is in
the People's Republic of China; and
(B) the exporter removes the good from the People's
Republic of China no later than at the conclusion of
the trade show.
(f) \24\ Foreign Availability.--
---------------------------------------------------------------------------
\24\ Sec. 2418(a) of Public Law 100-418 (102 Stat. 1352) amended
and restated subsec. (f).
---------------------------------------------------------------------------
(1) Foreign availability to controlled countries.--
(A) The Secretary, in consultation with the Secretary
of Defense and other appropriate Government agencies
and with appropriate technical advisory committees
established pursuant to subsection (h) of this section,
shall review, on a continuing basis, the availability
to controlled countries, from sources outside the
United States, including countries which participate
with the United States in multilateral export controls,
of any goods or technology the export of which requires
a validated license under this section. In any case in
which the Secretary determines, in accordance with
procedures and criteria which the Secretary shall by
regulation establish, that any such goods or technology
are available in fact to controlled countries from such
sources in sufficient quantity and of comparable
quality so that the requirement of a validated license
for the export of such goods or technology is or would
be ineffective in achieving the purpose set forth in
subsection (a) of this section, the Secretary may not,
after the determination is made, require a validated
license for the export of such goods or technology
during the period of such foreign availability, unless
the President determines that the absence of export
controls under this section on the goods or technology
would prove detrimental to the national security of the
United States. In any case in which the President
determines under this paragraph that export controls
under this section must be maintained notwithstanding
foreign availability, the Secretary shall publish that
determination, together with a concise statement of its
basis and the estimated economic impact of the
decision.
(B) The Secretary shall approve any application for a
validated license which is required under this section
for the export of any goods or technology to a
controlled country and which meets all other
requirements for such an application, if the Secretary
determines that such goods or technology will, if the
license is denied, be available in fact to such country
from sources outside the United States, including
countries which participate with the United States in
multilateral export controls, in sufficient quantity
and of comparable quality so that denial of the license
would be ineffective in achieving the purpose set forth
in subsection (a) of this section, unless the President
determines that approving the license application would
prove detrimental to the national security of the
United States. In any case in which the Secretary makes
a determination of foreign availability under this
subparagraph with respect to any goods or technology,
the Secretary shall determine whether a determination
of foreign availability under subparagraph (A) with
respect to such goods or technology is warranted.
(2) Foreign availability to other than controlled
countries.--(A) The Secretary shall review, on a
continuing basis, the availability to countries other
than controlled countries, from sources outside the
United States, of any goods or technology the export of
which requires a validated license under this section.
If the Secretary determines, in accordance with
procedures which the Secretary shall establish, that
any goods or technology in sufficient quantity and of
comparable quality are available in fact from sources
outside the United States (other than availability
under license from a country which maintains export
controls on such goods or technology cooperatively with
the United States pursuant to the agreement of the
group known as the Coordinating Committee or pursuant
to an agreement described in subsection (k) of this
section), the Secretary may not, after the
determination is made and during the period of such
foreign availability, require a validated license for
the export of such goods or technology to any country
(other than a controlled country) to which the country
from which the goods or technology is available does
not place controls on the export of such goods or
technology. The requirement with respect to a validated
license in the preceding sentence shall not apply if
the President determines that the absence of export
controls under this section on the goods or technology
would prove detrimental to the national security of the
United States. In any case in which the President
determines under this paragraph that export controls
under this section must be maintained notwithstanding
foreign availability, the Secretary shall publish that
determination, together with a concise statement of its
basis and the estimated economic impact of the
decision.
(B) The Secretary shall approve any application for a
validated license which is required under this section
for the export of any goods or technology to a country
(other than a controlled country) and which meets all
other requirements for such an application, if the
Secretary determines that such goods or technology are
available from foreign sources to that country under
the criteria established in subparagraph (A), unless
the President determines that approving the license
application would prove detrimental to the national
security of the United States. In any case in which the
Secretary makes a determination of foreign availability
under this subparagraph with respect to any goods or
technology, the Secretary shall determine whether a
determination of foreign availability under
subparagraph (A) with respect to such goods or
technology is warranted.
(3) Procedures for making determinations.--(A) The
Secretary shall make a foreign availability
determination under paragraph (1) or (2) on the
Secretary's own initiative or upon receipt of an
allegation from an export license applicant that such
availability exists. In making any such determination,
the Secretary shall accept the representations of
applicants made in writing and supported by reasonable
evidence, unless such representations are contradicted
by reliable evidence, including scientific or physical
examination, expert opinion based upon adequate factual
information, or intelligence information. In making
determinations of foreign availability, the Secretary
may consider such factors as cost, reliability, the
availability and reliability of spare parts and the
cost and quality thereof, maintenance programs,
durability, quality of end products produced by the
item proposed for export, and scale of production. For
purposes of this subparagraph, ``evidence'' may include
such items as foreign manufacturers' catalogues,
brochures, or operations or maintenance manuals,
articles from reputable trade publications,
photographs, and depositions based upon eyewitness
accounts.
(B) In a case in which an allegation is received from
an export license applicant, the Secretary shall, upon
receipt of the allegation, submit for publication in
the Federal Register notice of such receipt. Within 4
months after receipt of the allegation, the Secretary
shall determine whether the foreign availability
exists, and shall so notify the applicant. If the
Secretary has determined that the foreign availability
exists, the Secretary shall, upon making such
determination, submit the determination for review to
other departments and agencies as the Secretary
considers appropriate. The Secretary's determination of
foreign availability does not require the concurrence
or approval of any official, department, or agency to
which such a determination is submitted. Not later than
1 month after the Secretary makes the determination,
the Secretary shall respond in writing to the applicant
and submit for publication in the Federal Register,
that--
(i) the foreign availability does exist and--
(I) the requirement of a validated
license has been removed,
(II) the President has determined
that export controls under this section
must be maintained notwithstanding the
foreign availability and the applicable
steps are being taken under paragraph
(4), or
(III) in the case of a foreign
availability determination under
paragraph (1), the foreign availability
determination will be submitted to a
multilateral review process in
accordance with the agreement of the
Coordinating Committee for a period of
not more than 4 months beginning on the
date of the publication; or
(ii) the foreign availability does not exist.
In any case in which the submission for publication is
not made within the time period specified in the
preceding sentence, the Secretary may not thereafter
require a license for the export of the goods or
technology with respect to which the foreign
availability allegation was made. In the case of a
foreign availability determination under paragraph (1)
to which clause (i)(III) applies, no license for such
export may be required after the end of the 9-month
period beginning on the date on which the allegation is
received.
(4) Negotiations to eliminate foreign availability.--
(A) In any case in which export controls are maintained
under this section notwithstanding foreign
availability, on account of a determination by the
President that the absence of the controls would prove
detrimental to the national security of the United
States, the President shall actively pursue
negotiations with the governments of the appropriate
foreign countries for the purpose of eliminating such
availability. No later than the commencement of such
negotiations, the President shall notify in writing the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Foreign Affairs of the
House of Representatives \25\ that he has begun such
negotiations and why he believes it is important to
national security that export controls on the goods or
technology involved be maintained.
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\25\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Banking, Finance and Urban Affairs
of the House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives. Sec. 1(a)(5) provided that references to the Committee
on Foreign Affairs of the House of Representatives shall be treated as
referring to the Committee on International Relations.
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(B) If, within 6 months after the President's
determination that export controls be maintained, the
foreign availability has not been eliminated, the
Secretary may not, after the end of that 6-month
period, require a validated license for the export of
the goods or technology involved. The President may
extend the 6-month period described in the preceding
sentence for an additional period of 12 months if the
President certifies to the Congress that the
negotiations involved are progressing and that the
absence of the export controls involved would prove
detrimental to the national security of the United
States. Whenever the President has reason to believe
that goods or technology subject to export controls for
national security purposes by the United States may
become available from other countries to controlled
countries and that such availability can be prevented
or eliminated by means of negotiations with such other
countries, the President shall promptly initiate
negotiations with the governments of such other
countries to prevent such foreign availability.
(C) After an agreement is reached with a country
pursuant to negotiations under this paragraph to
eliminate or prevent foreign availability of goods or
technology, the Secretary may not require a validated
license for the export of such goods or technology to
that country.
(5) Expedited licenses for items available to
countries other than controlled countries.--(A) In any
case in which the Secretary finds that any goods or
technology from foreign sources is of similar quality
to goods or technology the export of which requires a
validated license under this section and is available
to a country other than a controlled country without
effective restrictions, the Secretary shall designate
such goods or technology as eligible for export to such
country under this paragraph.
(B) In the case of goods or technology designated
under subparagraph (A), then 20 working days after the
date of formal filing with the Secretary of an
individual validated license application for the export
of those goods or technology to an eligible country, a
license for the transaction specified in the
application shall become valid and effective and the
goods or technology are authorized for export pursuant
to such license unless the license has been denied by
the Secretary on account of an inappropriate end user.
The Secretary may extend the 20-day period provided in
the preceding sentence for an additional period of 15
days if the Secretary requires additional time to
consider the application and so notifies the applicant.
(C) The Secretary may make a foreign availability
determination under subparagraph (A) on the Secretary's
own initiative, upon receipt of an allegation from an
export license applicant that such availability exists,
or upon the submission of a certification by a
technical advisory committee of appropriate
jurisdiction that such availability exists. Upon
receipt of such an allegation or certification, the
Secretary shall publish notice of such allegation or
certification in the Federal Register and shall make
the foreign availability determination within 30 days
after such receipt and publish the determination in the
Federal Register. In the case of the failure of the
Secretary to make and publish such determination within
that 30-day period, the goods or technology involved
shall be deemed to be designated as eligible for export
to the country or countries involved, for purposes of
subparagraph (B).
(D) The provisions of paragraphs (1), (2), (3), and
(4) do not apply with respect to determinations of
foreign availability under this paragraph.
(6) Office of foreign availability.--The Secretary
shall establish in the Department of Commerce an Office
of Foreign Availability, which shall be under the
direction of the Under Secretary of Commerce for Export
Administration. The Office shall be responsible for
gathering and analyzing all the necessary information
in order for the Secretary to make determinations of
foreign availability under this Act. The Secretary
shall make available to the Committee on Foreign
Affairs of \26\ the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate at the end of each 6-month period during a
fiscal year information on the operations of the
Office, and on improvements in the Government's ability
to assess foreign availability, during that 6-month
period, including information on the training of
personnel, the use of computers, and the use of
Commercial Service Officers of the United States and
Foreign Commercial Service. Such information shall also
include a description of representative determinations
made under this Act during that 6-month period that
foreign availability did or did not exist (as the case
may be), together with an explanation of such
determinations.
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\26\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(7) Sharing of information.--Each department or
agency of the United States, including any intelligence
agency, and all contractors with any such department or
agency, shall, upon the request of the Secretary and
consistent with the protection of intelligence sources
and methods, furnish information to the Office of
Foreign Availability concerning foreign availability of
goods and technology subject to export controls under
this Act. Each such department or agency shall allow
the Office of Foreign Availability access to any
information from a laboratory or other facility within
such department or agency.
(8) Removal of controls on less sophisticated goods
or technology.--In any case in which Secretary may not,
pursuant to paragraph (1), (2), (3), or (4) of this
subsection or paragraph (6) of subsection (h) of this
section, require a validated license for the export of
goods or technology, then the Secretary may not require
a validated license for the export of any similar goods
or technology whose function, technological approach,
performance thresholds, and other attributes that form
the basis for export controls under this section do not
exceed the technical parameters of the goods or
technology from which the validated license requirement
is removed under the applicable paragraph.
(9) Notice of all foreign availability assessments.--
Whenever the Secretary undertakes a foreign
availability assessment under this subsection or
subsection (h)(6), the Secretary shall publish notice
of such assessment in the Federal Register.
(10) Availability defined.--For purposes of this
subsection and subsections (f) and (h), the term
``available in fact to controlled countries'' includes
production or availability of any goods or technology
in any country--
(A) from which the goods or technology is not
restricted for export to any controlled
country; or
(B) in which such export restrictions are
determined by the Secretary to be ineffective.
For purposes of subparagraph (B), the mere inclusion of
goods or technology on a list of goods or technology
subject to bilateral or multilateral national security
export controls shall not alone constitute credible
evidence that a country provides an effective means of
controlling the export of such goods or technology to
controlled countries.
(g) Indexing.--(1) \27\ In order to ensure that
requirements for validated licenses and other licenses
authorizing multiple exports are periodically removed as goods
or technology subject to such requirements becomes obsolete
with respect to the national security of the United States,
regulations issued by the Secretary may, where appropriate,
provide for annual increases in the performance levels of goods
or technology subject to any such licensing requirement. The
regulations issued by the Secretary shall establish as one
criterion for the removal of goods or technology from such
license requirements the anticipated needs of the military of
controlled countries. Any such goods or technology which no
longer meets the performance levels established by the
regulations shall be removed from the list established pursuant
to subsection (c) of this section unless, under such exceptions
and under such procedures as the Secretary shall prescribe, any
other department or agency of the United States objects to such
removal and the Secretary determines, on the basis of such
objection, that the goods or technology shall not be removed
from the list. The Secretary shall also consider, where
appropriate, removing site visitation requirements for goods
and technology which are removed from the list unless
objections described in this subsection are raised.
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\27\ Sec. 2419(1) of Public Law 100-418 (102 Stat. 1357) inserted
``(1)'' before the first sentence and added a new para. (2).
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(2) \27\ (A) In carrying out this subsection, the Secretary
shall conduct annual reviews of the performance levels of goods
or technology--
(i) which are eligible for export under a
distribution license,
(ii) below which exports to the People's Republic of
China require only notification of the governments
participating in the group known as the Coordinating
Committee, and
(iii) below which no authority or permission to
export may be required under subsection (b)(2) or
(b)(3) of this section.
The Secretary shall make appropriate adjustments to such
performance levels based on these reviews.
(B) In any case in which the Secretary receives a request
which--
(i) is to revise the qualification requirements or
minimum thresholds of any goods eligible for export
under a distribution license, and
(ii) is made by an exporter of such goods,
representatives of an industry which produces such
goods, or a technical advisory committee established
under subsection (h) of this section,
the Secretary, after consulting with other appropriate
Government agencies and technical advisory committees
established under subsection (h) of this section, shall
determine whether to make such revision, or some other
appropriate revision, in such qualification requirements or
minimum thresholds. In making this determination, the Secretary
shall take into account the availability of the goods from
sources outside the United States. The Secretary shall make a
determination on a request made under this subparagraph within
90 days after the date on which the request is filed. If the
Secretary's determination pursuant to such a request is to make
a revision, such revision shall be implemented within 120 days
after the date on which the request is filed and shall be
published in the Federal Register.
(h) Technical Advisory Committees.--(1) Upon written
request by representatives of a substantial segment of any
industry which produces any goods or technology subject to
export controls under this section or being considered for such
controls because of their significance to the national security
of the United States, the Secretary shall appoint a technical
advisory committee for any such goods or technology which the
Secretary determines are difficult to evaluate because of
questions concerning technical matters, worldwide availability,
and actual utilization of production and technology, or
licensing procedures. Each such committee shall consist of
representatives of United States industry and Government,
including the Departments of Commerce, Defense, and State, the
intelligence community, and, in the discretion of the
Secretary, other Government departments and agencies. No person
serving on any such committee who is a representative of
industry shall serve on such committee for more than four
consecutive years.
(2) Technical advisory committees established under
paragraph (1) shall advise and assist the Secretary, the
Secretary of Defense, and any other department, agency, or
official of the Government of the United States to which the
President delegates authority under this Act, with respect to
actions designed to carry out the policy set forth in section
3(2)(A) of this Act. Such committees, where they have expertise
in such matters, shall be consulted with respect to questions
involving (A) technical matters, (B) worldwide availability and
actual utilization of production technology, (C) licensing
procedures which affect the level of export controls applicable
to any goods or technology, (D) \28\ revisions of the control
list (as provided in subsection (c)(4)), including proposed
revisions of multilateral controls in which the United States
participates, (E) \28\ the issuance of regulations, and (F)
\28\ any other questions relating to actions designed to carry
out the policy set forth in section 3(2)(A) of this Act.
Nothing in this subsection shall prevent the Secretary or the
Secretary of Defense from consulting, at any time, with any
person representing industry or the general public, regardless
of whether such person is a member of a technical advisory
committee. Members of the public shall be given a reasonable
opportunity, pursuant to regulations prescribed by the
Secretary, to present evidence to such committees.
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\28\ Sec. 2420(a) of Public Law 100-418 (102 Stat. 1357)
redesignated clause (E) as clause (F), struck out clause (D), and
inserted new clauses (D) and (E). Previously, clause (D) read as
follows: ``(D) exports subject to multilateral controls in which the
United States participates, including proposed revisions of any such
multilateral controls, and''.
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(3) Upon request of any member of any such committee, the
Secretary may, if the Secretary determines it appropriate,
reimburse such member for travel, subsistence, and other
necessary expenses incurred by such member in connection with
the duties of such member.
(4) Each such committee shall elect a chairman, and shall
meet at least every three months at the call of the chairman,
unless the chairman determines, in consultation with the other
members of the committee, that such a meeting is not necessary
to achieve the purposes of this subsection. Each such committee
shall be terminated after a period of 2 years, unless extended
by the Secretary for additional periods of 2 years. The
Secretary shall consult each such committee with respect to
such termination or extension of that committee.
(5) To facilitate the work of the technical advisory
committees, the Secretary, in conjunction with other
departments and agencies participating in the administration of
this Act, shall disclose to each such committee adequate
information, consistent with national security, pertaining to
the reasons for the export controls which are in effect or
contemplated for the goods or technology with respect to which
that committee furnishes advice.
(6) Whenever a technical advisory committee certifies to
the Secretary that goods or technology with respect to which
such committee was appointed have become available in fact, to
controlled countries, from sources outside the United States,
including countries which participate with the United States in
multilateral export controls, in sufficient quantity and of
comparable quality so that requiring a validated license for
the export of such goods or technology would be ineffective in
achieving the purpose set forth in subsection (a) of this
section, the technical advisory committee shall submit that
certification to the Congress at the same time the
certification is made to the Secretary, together with the
documentation for the certification. The Secretary shall
investigate the foreign availability so certified and, not
later than 90 days after the certification is made, shall
submit a report to the technical advisory committee and the
Congress stating that--
(A) the Secretary has removed the requirement of a
validated license for the export of the goods or
technology, on account of the foreign availability,
(B) the Secretary has recommended to the President
that negotiations be conducted to eliminate the foreign
availability, or
(C) the Secretary has determined on the basis of the
investigation that the foreign availability does not
exist.
To the extent necessary, the report may be submitted on a
classified basis. In any case in which the Secretary has
recommended to the President that negotiations be conducted to
eliminate the foreign availability, the President shall
actively pursue such negotiations with the governments of the
appropriate foreign countries. If, within 6 months after the
Secretary submits such report to the Congress, the foreign
availability has not been eliminated, the Secretary may not,
after the end of that 6-month period, require a validated
license for the export of the goods or technology involved. The
President may extend the 6-month period described in the
preceding sentence for an additional period of 12 months if the
President certifies to the Congress that the negotiations
involved are progressing and that the absence of the export
control involved would prove detrimental to the national
security of the United States. After an agreement is reached
with a country pursuant to negotiations under this paragraph to
eliminate foreign availability of goods or technology, the
Secretary may not require a validated license for the export of
such goods or technology to that country.\29\
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\29\ Sec. 2418(b) of Public Law 100-418 (102 Stat. 1357) added this
sentence.
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(i) Multilateral Export Controls.--Recognizing the
ineffectiveness of unilateral controls and the importance of
uniform enforcement measures to the effectiveness of
multilateral controls, the President \30\ shall enter into
negotiations with the governments participating in the group
known as the Coordinating Committee (hereinafter in this
subsection referred to as the ``Committee'') with a view toward
accomplishing the following objectives:
---------------------------------------------------------------------------
\30\ Sec. 2421(a) of Public Law 100-418 (102 Stat. 1358) struck out
``The President'' and inserted in lieu thereof ``Recognizing the
ineffectiveness of unilateral controls and the importance of uniform
enforcement measures to the effectiveness of multilateral controls, the
President''.
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(1) \31\ Enhanced public understanding of the
Committee's purpose and procedures, including
publication of the list of items controlled for export
by agreement of the Committee, together with all notes,
understandings, and other aspects of such agreement of
the Committee, and all changes thereto.
---------------------------------------------------------------------------
\31\ Sec. 2446 of Public Law 100-418 (102 Stat. 1369) amended and
restated para. (1).
---------------------------------------------------------------------------
(2) Periodic meetings of high-level representatives
of participating governments for the purpose of
coordinating export control policies and issuing policy
guidance to the Committee.
(3) Strengthened legal basis for each government's
export control system, including, as appropriate,
increased penalties and statutes of limitations.
(4) Harmonization of export control documentation by
the participating governments to verify the movement of
goods and technology subject to controls by the
Committee.
(5) Improved procedures for coordination and exchange
of information concerning violations of the agreement
of the Committee.
(6) Procedures for effective implementation of the
agreement through uniform and consistent
interpretations of export controls agreed to by the
governments participating in the Committee.
(7) Coordination of national licensing and
enforcement efforts by governments participating in the
Committee, including sufficient technical expertise to
assess the licensing status of exports and to ensure
end-use verification.
(8) More effective procedures for enforcing export
controls, including adequate training, resources, and
authority for enforcement officers to investigate and
prevent illegal exports.
(9) Agreement to provide adequate resources to
enhance the functioning of individual national export
control systems and of the Committee.
(10) Improved enforcement and compliance with the
agreement through elimination of unnecessary export
controls and maintenance of an effective control list.
(11) Agreement to enhance cooperation among members
of the Committee in obtaining the agreement of
governments outside the Committee to restrict the
export of goods and technology on the International
Control List, to establish an ongoing mechanism in the
Committee to coordinate planning and implementation of
export control measures related to such agreements, and
to remove items from the International Control List if
such items continue to be available to controlled
countries or if the control of the items no longer
serves the common strategic objectives of the members
of the Committee.
For purposes of reviews of the International Control List, the
President may include as advisors to the United States
delegation to the Committee representatives of industry who are
knowledgeable with respect to the items being reviewed.\32\
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\32\ Sec. 2421(b) of Public Law 100-418 (102 Stat. 1358) added this
sentence.
---------------------------------------------------------------------------
(j) Commercial Agreements With Certain Countries.--(1) Any
United States firm, enterprise, or other nongovernmental entity
which enters into an agreement with any agency of the
government of a controlled country, that calls for the
encouragement of technical cooperation and that is intended to
result in the export from the United States to the other party
of unpublished technical data of United States origin, shall
report to the Secretary the agreement with such agency in
sufficient detail.
(2) The provisions of paragraph (1) shall not apply to
colleges, universities, or other educational institutions.
(k) Negotiations With Other Countries.--The Secretary of
State in consultation with the Secretary of Defense, the
Secretary of Commerce, and the heads of other appropriate
departments and agencies, shall be responsible for conducting
negotiations with other countries, including those countries
not participating in the group known as the Coordinating
Committee, regarding their cooperation in restricting the
export of goods and technology in order to carry out the policy
set forth in section 3(9) of this Act, as authorized by
subsection (a) of this section, including negotiations with
respect to which goods and technology should be subject to
multilaterally agreed export restrictions and what conditions
should apply for exceptions from those restrictions. In cases
where such negotiations produce agreements on export
restrictions comparable in practice to those maintained by the
Coordinating Committee, the Secretary shall treat exports,
whether by individual or multiple licenses, to countries party
to such agreements in the same manner as exports to members of
the Coordinating Committee are treated, including the same
manner as exports are treated under subsection (b)(2) of this
section and section 10(o) of this Act.
(l) Diversion of Controlled Goods or Technology.--(1)
Whenever there is reliable evidence, as determined by the
Secretary, that goods or technology which were exported subject
to national security controls under this section to a
controlled country have been diverted to an unauthorized use or
consignee in violation of the conditions of an export license,
the Secretary for as long as that diversion continues--
(A) shall deny all further exports, to or by the
party or parties responsible for that diversion or who
conspired in that diversion, of any goods or technology
subject to national security controls under this
section, regardless of whether such goods or technology
are available from sources outside the United States;
and
(B) may take such additional actions under this Act
with respect to the party or parties referred to in
subparagraph (A) as the Secretary determines are
appropriate in the circumstances to deter the further
unauthorized use of the previously exported goods or
technology.
(2) As used in this subsection, the term ``unauthorized
use'' means the use of United States goods or technology in the
design, production, or maintenance of any item on the United
States Munitions List, or the military use of any item on the
International Control List of the Coordinating Committee.
(m) \33\ Goods Containing Controlled Parts and Components.--
Export controls may not be imposed under this section, or under
any other provision of law, on a good solely on the basis that
the good contains parts or components subject to export
controls under this section if such parts or components--
---------------------------------------------------------------------------
\33\ Sec. 2422 of Public Law 100-418 (102 Stat. 1358) amended and
restated subsec. (m).
---------------------------------------------------------------------------
(1) are essential to the functioning of the good,
(2) are customarily included in sales of the good in
countries other than controlled countries, and
(3) comprise 25 percent or less of the total value of
the good,
unless the good itself, if exported, would by virtue of the
functional characteristics of the good as a whole make a
significant contribution to the military potential of a
controlled country which would prove detrimental to the
national security of the United States.
(n) Security Measures.--The Secretary and the Commissioner
of Customs, consistent with their authorities under section
12(a) of this Act, and in consultation with the Director of the
Federal Bureau of Investigation, shall provide advice and
technical assistance to persons engaged in the manufacture or
handling of goods or technology subject to export controls
under this section to develop security systems to prevent
violations or evasions of those export controls.
(o) Recordkeeping.--The Secretary, the Secretary of
Defense, and any other department or agency consulted in
connection with a license application under this Act or a
revision of a list of goods or technology subject to export
controls under this Act, shall make and keep records of their
respective advice, recommendations, or decisions in connection
with any such license application or revision, including the
factual and analytical basis of the advice, recommendations, or
decisions.
(p) National Security Control Office.--To assist in
carrying out the policy and other authorities and
responsibilities of the Secretary of Defense under this
section, there is established in the Department of Defense a
National Security Control Office under the direction of the
Under Secretary of Defense Policy. The Secretary of Defense may
delegate to that office such of those authorities and
responsibilities, together with such ancillary functions, as
the Secretary of Defense considers appropriate.
(q) Exclusion for Agricultural Commodities.--This section
does not authorize export controls on agricultural commodities,
including fats, oils, and animal hides and skins.
foreign policy controls
Sec. 6.\34\ (a) Authority.--(1) In order to carry out the
policy set forth in paragraph (2)(B), (7), (8), or (13) of
section 3 of this Act, the President may prohibit or curtail
the exportation of any goods, technology, or other information
subject to the jurisdiction of the United States or exported by
any person subject to the jurisdiction of the United States, to
the extent necessary to further significantly the foreign
policy of the United States or to fulfill its declared
international obligations. The authority granted by this
subsection shall be exercised by the Secretary, in consultation
with the Secretary of State, the Secretary of Defense, the
Secretary of Agriculture, the Secretary of the Treasury, the
United States Trade Representative, and such other departments
and agencies as the Secretary considers appropriate, and shall
be implemented by means of export licenses issued by the
Secretary.
---------------------------------------------------------------------------
\34\ 50 U.S.C. app. 2405.
---------------------------------------------------------------------------
(2) Any export control imposed under this section shall
apply to any transaction or activity undertaken with the intent
to evade that export control, even if that export control would
not otherwise apply to that transaction or activity.
(3) Export controls maintained for foreign policy purposes
shall expire on December 31, 1979, or one year after
imposition, whichever is later, unless extended by the
President in accordance with subsections (b) and (f). Any such
extension and any subsequent extension shall not be for a
period of more than a year.
(4) Whenever the Secretary denies any export license under
this subsection, the Secretary shall specify in the notice to
the applicant of the denial of such license that the license
was denied under the authority contained in this subsection,
and the reasons for such denial, with reference to the criteria
set forth in subsection (b) of this section. The Secretary
shall also include in such notice what, if any, modifications
in or restrictions on the goods or technology for which the
license was sought would allow such export to be compatible
with controls implemented under this section, or the Secretary
shall indicate in such notice which officers and employees of
the Department of Commerce who are familiar with the
application will be made reasonably available to the applicant
for consultation with regard to such modifications or
restrictions, if appropriate.
(5) In accordance with the provisions of section 10 of this
Act, the Secretary of State shall have the right to review any
export license application under this section which the
Secretary of State requests to review.
(6) \35\ Before imposing, expanding, or extending export
controls under this section on exports to a country which can
use goods, technology, or information available from foreign
sources and so incur little or no economic costs as a result of
the controls, the President should, through diplomatic means,
employ alternatives to export controls which offer
opportunities of distinguishing the United States from, and
expressing the displeasure of the United States with, the
specific actions of that country in response to which the
controls are proposed. Such alternatives include private
discussions with foreign leaders, public statements in
situations where private diplomacy is unavailable or not
effective, withdrawal of ambassadors, and reduction of the size
of the diplomatic staff that the country involved is permitted
to have in the United States.
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\35\ Sec. 2423(a) of Public Law 100-418 (102 Stat. 1358) added
para. (6).
---------------------------------------------------------------------------
(b) Criteria.--(1) Subject to paragraph (2) of this
subsection, the President may impose, extend, or expand export
controls under this section only if the President determines
that--
(A) such controls are likely to achieve the intended
foreign policy purpose, in light of other factors,
including the availability from other countries of the
goods or technology proposed for such controls, and
that foreign policy purpose cannot be achieved through
negotiations or other alternative means;
(B) the proposed controls are compatible with the
foreign policy objectives of the United States and with
overall United States policy toward the country to
which exports are to be subject to the proposed
controls;
(C) the reaction of other countries to the
imposition, extension, or expansion of such export
controls by the United States is not likely to render
the controls ineffective in achieving the intended
foreign policy purpose or to be counterproductive to
United States foreign policy interests;
(D) the effect of the proposed controls on the export
performance of the United States, the competitive
position of the United States in the international
economy, the international reputation of the United
States as a supplier of goods and technology, or on the
economic well-being of individual United States
companies and their employees and communities does not
exceed the benefit to United States foreign policy
objectives; and
(E) the United States has the ability to enforce the
proposed controls effectively.
(2) With respect to those export controls in effect under
this section on the date of the enactment of the Export
Administration Amendments Act of 1985, the President, in
determining whether to extend those controls, as required by
subsection (a)(3) of this section, shall consider the criteria
set forth in paragraph (1) of this subsection and shall
consider the foreign policy consequences of modifying the
export controls.
(c) Consultation With Industry.--The Secretary in every
possible instance shall consult with and seek advice from
affected United States industries and appropriate advisory
committees established under section 135 of the Trade Act of
1974 before imposing any export control under this section.
Such consultation and advice shall be with respect to the
criteria set forth in subsection (b)(1) and such other matters
as the Secretary considers appropriate.
(d) Consultation With Other Countries.--When imposing
export controls under this section, the President shall, at the
earliest appropriate opportunity, consult with the countries
with which the United States maintains export controls
cooperatively, and with such other countries as the President
considers appropriate, with respect to the criteria set forth
in subsection (b)(1) and such other matters as the President
considers appropriate.
(e) Alternative Means.--Before resorting to the imposition
of export controls under this section, the President shall
determine that reasonable efforts have been made to achieve the
purposes of the controls through negotiations or other
alternative means.
(f) Consultation With the Congress.--(1) The president may
impose or expand export controls under this section, or extend
such controls as required by subsection (a)(3) of this section,
only after consultation with the Congress, including the
Committee on Foreign Affairs \36\ of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
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\36\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(2) The President may not impose, expand, or extend export
controls under this section until the President has submitted
to the Congress a report--
(A) specifying the purpose of the controls;
(B) specifying the determinations of the President
(or, in the case of those export controls described in
subsection (b)(2), the considerations of the President)
with respect to each of the criteria set forth in
subsection (b)(1), the bases for such determinations
(or considerations), and any possible adverse foreign
policy consequences of the controls;
(C) describing the nature, the subjects, and the
results of, or the plans for, the consultation with
industry pursuant to subsection (c) and with other
countries pursuant to subsection (d);
(D) specifying the nature and results of any
alternative means attempted under subsection (e), or
the reasons for imposing, expanding, or extending the
controls without attempting any such alternative means;
and
(E) describing the availability from other countries
of goods or technology comparable to the goods or
technology subject to the proposed export controls, and
describing the nature and results of the efforts made
pursuant to subsection (h) to secure the cooperation of
foreign governments in controlling the foreign
availability of such comparable goods or technology.
Such report shall also indicate how such controls will further
significantly the foreign policy of the United States or will
further its declared international obligations.
(3) To the extent necessary to further the effectiveness of
the export controls portions of a report required by paragraph
(2) may be submitted to the Congress on a classified basis, and
shall be subject to the provisions of section 12(c) of this
Act.\37\
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\37\ Sec. 128(c) of Public Law 104-316 (110 Stat. 3841) struck out
a sentence at this point that read as follows: ``Each such report
shall, at the same time it is submitted to the Congress, also be
submitted to the General Accounting Office for the purpose of assessing
the report's full compliance with the intent of this subsection.''.
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(4) In the case of export controls under this section which
prohibit or curtail the export of any agricultural commodity, a
report submitted pursuant to paragraph (2) shall be deemed to
be the report required by section 7(g)(3)(A) of this Act.
(5) In addition to any written report required, under this
section, the Secretary, not less frequently than annually,
shall present in oral testimony before the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Foreign Affairs \36\ of the House of
Representatives a report on policies and actions taken by the
Government to carry out the provisions of this section.
(g) Exclusion for Medicine and Medical Supplies and for
Certain Food Exports.--This section does not authorize export
controls on medicine or medical supplies. This section also
does not authorize export controls on donations of goods
(including, but not limited to, food, educational materials,
seeds and hand tools, medicines and medical supplies, water
resources equipment, clothing and shelter materials, and basic
household supplies) that are intended to meet basic human
needs. Before export controls on food are imposed, expanded, or
extended under this section, the Secretary shall notify the
Secretary of State in the case of export controls applicable
with respect to any developed country and shall notify the
Administrator of the Agency for International Development \38\
in the case of export controls applicable with respect to any
developing country. The Secretary of State with respect to
developed countries, and the Administrator \38\ with respect to
developing countries, shall determine whether the proposed
export control on food would cause measurable malnutrition and
shall inform the Secretary of that determination. If the
Secretary is informed that the proposed export controls on food
would cause measurable malnutrition, then those controls may
not be imposed, expanded, or extended, as the case may be,
unless the President determines that those controls are
necessary to protect the national security interest of the
United States, or unless the President determines that
arrangements are insufficient to ensure that the food will
reach those most in need. Each such determination by the
Secretary of State or the Director of the United States
International Development Cooperation Agency, and any such
determination by the President, shall be reported to the
Congress, together with a statement of the reasons for that
determination. It is the intent of Congress that the President
not impose export controls under this section on any goods or
technology if he determines that the principal effect of the
export of such goods or technology would be to help meet basic
human needs. The subsection shall not be construed to prohibit
the President from imposing restrictions on the export of
medicine or medical supplies or of food under the International
Emergency Economic Powers Act. This subsection shall not apply
to any export control on medicine, medical supplies, or food,
except for donations, which is in effect on the date of the
enactment of the Export Administration Amendments Act of 1985.
Notwithstanding the preceding provisions of this subsection,
the President may impose export controls under this section on
medicine, medical supplies, food, and donations of goods in
order to carry out the policy set forth in paragraph (13) of
section 3 of this Act.
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\38\ Sec. 1422(b)(7) of Public Law 105-277 (112 Stat. 2681-793)
struck out ``Director of the United States International Development
Cooperation Agency'' and inserted in lieu thereof ``Administrator of
the Agency for International Development'', and struck out ``Director''
and inserted in lieu thereof ``Administrator''.
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(h) Foreign Availability.--(1) In applying export controls
under this section, the President shall take all feasible steps
to initiate and conclude negotiations with appropriate foreign
governments for the purpose of securing the cooperation of such
foreign governments in controlling the export to countries and
consignees to which the United States export controls apply of
any goods or technology comparable to goods or technology
controlled under this section.
(2) Before extending any export control pursuant to
subsection (a)(3) of this section, the President shall evaluate
the results of his actions under paragraph (1) of this
subsection and shall include the results of that evaluation in
his report to the Congress pursuant to subsection (f) of this
section.
(3) If, within 6 months after the date on which export
controls under this section are imposed or expanded, or within
6 months after the date of the enactment of the Export
Administration Amendments Act of 1985 in the case of export
controls in effect on such date of enactment, the President's
efforts under paragraph (1) are not successful in securing the
cooperation of foreign governments described in paragraph (1)
with respect to those export controls, the Secretary shall
thereafter take into account the foreign availability of the
goods or technology subject to the export controls. If the
Secretary affirmatively determines that a good or technology
subject to the export controls is available in sufficient
quantity and comparable quality from sources outside the United
States to countries subject to the export controls so that
denial of an export license would be ineffective in achieving
purposes of the controls, then the Secretary shall, during the
period of such foreign availability, approve any license
application which is required for the export of the good or
technology and which meets all requirements for such a license.
The Secretary shall remove the good or technology from the list
established pursuant to subsection (1) of this section if the
Secretary determines that such action is appropriate.
(4) In making a determination of foreign availability under
paragraph (3) of this subsection, the Secretary shall follow
the procedures set forth in section 5(f)(3) of this Act.
(i) International Obligations.--The provisions of
subsections (b), (c), (d), (e), (g), and (h) shall not apply in
any case in which the President exercises the authority
contained in this section to impose export controls, or to
approve or deny export license applications, in order to
fulfill obligations of the United States pursuant to treaties
to which the United States is a party or pursuant to other
international agreements.
(j) \39\ Countries Supporting International Terrorism.--(1)
A validated license shall be required for the export of goods
or technology to a country if the Secretary of State has made
the following determinations:
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\39\ Sec. 4 of Public Law 101-222 (103 Stat. 1897) amended and
restated subsec. (j).
In Department of State Public Notice 1878 of August 12, 1993 (58
F.R. 52523), the Secretary of State stated: ``In accordance with
section 6(j) of the Export Administration Act (50 U.S.C. App. 2405(j)),
I hereby determine that Sudan is a country which has repeatedly
provided support for acts of international terrorism.''.
In Department of State Public Notice 4863 of October 7, 2004 (69
F.R. 61702), the Secretary of State stated: ``In accordance with
Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), I hereby rescind the Determination of September 13, 1990
(Public Notice 1264) that Iraq is a country which has repeatedly
provided support for acts of international terrorism.''.
The list of sec. 6(j) countries as of December 31, 2005, included
Cuba, Iran, Libya, North Korea, Sudan, and Syria.
Sec. 527 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2205),
provided the following:
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``prohibition on bilateral assistance to terrorist countries
---------------------------------------------------------------------------
``Sec. 527. (a) Funds appropriated for bilateral assistance under
any heading of this Act and funds appropriated under any such heading
in a provision of law enacted prior to enactment of this Act, shall not
be made available to any country which the President determines--
---------------------------------------------------------------------------
``(1) grants sanctuary from prosecution to any individual or group which
has committed an act of international terrorism, or
``(2) otherwise supports international terrorism.
---------------------------------------------------------------------------
``(b) The President may waive the application of subsection (a) to
a country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
---------------------------------------------------------------------------
* * * * * * *
``prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
``Sec. 542. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration Act. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October
1, 1997.
``(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
``(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional committees
a report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.''.
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(A) The government of such country has repeatedly
provided support for acts of international terrorism.
(B) The export of such goods or technology could make
a significant contribution to the military potential of
such country, including its military logistics
capability, or could enhance the ability of such
country to support acts of international terrorism.
(2) The Secretary and the Secretary of State shall notify
the Committee on Foreign Affairs \36\ of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign Relations of the
Senate at least 30 days before issuing any validated license
required by paragraph (1).
(3) Each determination of the Secretary of State under
paragraph (1)(A), including each determination in effect on the
date of the enactment of the Antiterrorism and Arms Export
Amendments Act of 1989, shall be published in the Federal
Register.
(4) A determination made by the Secretary of State under
paragraph (1)(A) may not be rescinded unless the President
submits to the Speaker of the House of Representatives and the
chairman of the Committee on Banking, Housing, and Urban
Affairs and the chairman of the Committee on Foreign Relations
of the Senate--
(A) before the proposed rescission would take effect,
a report certifying that--
(i) there has been a fundamental change in
the leadership and policies of the government
of the country concerned;
(ii) that government is not supporting acts
of international terrorism; and
(iii) that government has provided assurances
that it will not support acts of international
terrorism in the future; or
(B) at least 45 days before the proposed rescission
would take effect, a report justifying the rescission
and certifying that--
(i) the government concerned has not provided
any support for international terrorism during
the preceding 6-month period; and
(ii) the government concerned has provided
assurances that it will not support acts of
international terrorism in the future.
(5) \40\ (A) As used in paragraph (1), the term
``repeatedly provided support for acts of international
terrorism'' shall include the recurring use of any part of the
territory of the country as a sanctuary for terrorists or
terrorist organizations.
---------------------------------------------------------------------------
\40\ Sec. 7102(c)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3776)
redesignated para. (5) as para. (6) and added a new para. (5). Sec. 736
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236; 108 Stat. 506) added para. (6), as redesignated.
Sec. 7102(c) of such Act further provided that:
``(2) Rule of construction.--Nothing in this subsection or the
amendments made by this subsection shall be construed as affecting any
determination made by the Secretary of State pursuant to section 6(j)
of the Export Administration Act of 1979 with respect to a country
prior to the date of enactment of this Act.
``(3) Implementation.--The President shall implement the amendments
made by paragraph (1) by exercising the authorities of the President
under the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.).''.
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(B) In this paragraph--
(i) the term ``territory of a country'' means the
land, waters, and airspace of the country; and
(ii) the term ``sanctuary'' means an area in the
territory of a country--
(I) that is used by a terrorist or terrorist
organization--
(aa) to carry out terrorist
activities, including training,
financing, and recruitment; or
(bb) as a transit point; and
(II) the government of which expressly
consents to, or with knowledge, allows,
tolerates, or disregards such use of its
territory.
(6) \40\ The Secretary and the Secretary of State shall
include in the notification required by paragraph (2)--
(A) a detailed description of the goods or
services to be offered, including a brief
description of the capabilities of any article
for which a license to export is sought;
(B) the reasons why the foreign country or
international organization to which the export
or transfer is proposed to be made needs the
goods or services which are the subject of such
export or transfer and a description of the
manner in which such country or organization
intends to use such articles, services, or
design and construction services;
(C) the reasons why the proposed export or
transfer is in the national interest of the
United States;
(D) an analysis of the impact of the proposed
export or transfer on the military capabilities
of the foreign country or international
organization to which such export or transfer
would be made;
(E) an analysis of the manner in which the
proposed export would affect the relative
military strengths of countries in the region
to which the goods or services which are the
subject of such export would be delivered and
whether other countries in the region have
comparable kinds and amounts of articles,
services, or design and construction services;
and
(F) an analysis of the impact of the proposed
export or transfer on the United States
relations with the countries in the region to
which the goods or services which are the
subject of such export would be delivered.
(k) \41\ Negotiations With Other Countries.--
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\41\ Sec. 1702(a) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1739) redesignated
subsecs. (k) through (p) as subsecs. (m) through (r), and added
subsecs. (k) and (l).
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(1) Countries participating in certain agreements.--
The Secretary of State, in consultation with the
Secretary, the Secretary of Defense, and the heads of
other appropriate departments and agencies, shall be
responsible for conducting negotiations with those
countries participating in the groups known as the
Coordinating Committee, the Missile Technology Control
Regime, the Australia Group, and the Nuclear Suppliers'
Group, regarding their cooperation in restricting the
export of goods and technology in order to carry out--
(A) the policy set forth in section 3(2)(B)
of this Act, and
(B) United States policy opposing the
proliferation of chemical, biological, nuclear,
and other weapons and their delivery systems,
and effectively restricting the export of dual
use components of such weapons and their
delivery systems, in accordance with this
subsection and subsections (a) and (l).
Such negotiations shall cover, among other issues,
which goods and technology should be subject to
multilaterally agreement export restrictions, and the
implementation of the restrictions consistent with the
principles identified in section 5(b)(2)(C) of this
Act.
(2) Other countries.--The Secretary of State, in
consultation with the Secretary, the Secretary of
Defense, and the heads of other appropriate departments
and agencies, shall be responsible for conducting
negotiations with countries and groups of countries not
referred to in paragraph (1) regarding their
cooperation in restricting the export of goods and
technology consistent with purposes set forth in
paragraph (1). In cases where such negotiations produce
agreement on export restrictions that the Secretary, in
consultation with the Secretary of State and the
Secretary of Defense, determines to be consistent with
the principles identified in section 5(b)(2)(C) of this
Act, the Secretary may treat exports, whether by
individual or multiple licenses, to countries party to
such agreements in the same manner as exports are
treated to countries that are MTCR adherents.
(3) Review of determinations.--The Secretary shall
annually review any determination under paragraph (2)
with respect to a country. For each country which the
Secretary determines is not meeting the requirements of
an effective export control system in accordance with
section 5(b)(2)(C), the Secretary shall restrict or
eliminate any preferential licensing treatment for
exports to that country provided under this subsection.
(l) \41\ Missile Technology.--
(1) Determination of controlled items.--The
Secretary, in consultation with the Secretary of State,
the Secretary of Defense, and the heads of other
appropriate departments and agencies--
(A) shall establish and maintain, as part of
the control list established under this
section, a list of all dual use goods and
technology on the MTCR Annex; and
(B) may include, as part of the control list
established under this section, goods and
technology that would provide a direct and
immediate impact on the development of missile
delivery systems and are not included in the
MTCR Annex but which the United States is
proposing to the other MTCR adherents to have
included in the MTCR Annex.
(2) Requirement of individual validated licenses.--
The Secretary shall require an individual validated
license for--
(A) any export of goods or technology on the
list established under paragraph (1) to any
country; and
(B) any export of goods or technology that
the exporter knows is destined for a project or
facility for the design, development, or
manufacture of a missile in a country that is
not an MTCR adherent.
(3) Policy of denial of licenses.--(A) Licenses under
paragraph (2) should in general be denied if the
ultimate consignee of the goods or technology is a
facility in a country that is not an adherent to the
Missile Technology Control Regime and the facility is
designed to develop or build missiles.
(B) Licenses under paragraph (2) shall be denied if
the ultimate consignee of the goods or technology is a
facility in a country the government of which has been
determined under subsection (j) to have repeatedly
provided support for acts of international terrorism.
(4) Consultation with other departments.--(A) A
determination of the Secretary to approve an export
license under paragraph (2) for the export of goods or
technology to a country of concern regarding missile
proliferation may be made only after consultation with
the Secretary of Defense and the Secretary of State for
a period of 20 days. The countries of concern referred
to in the preceding sentence shall be maintained on a
classified list by the Secretary of State, in
consultation with the Secretary and the Secretary of
Defense.
(B) Should the Secretary of Defense disagree with the
determination of the Secretary to approve an export
license to which subparagraph (A) applies, the
Secretary of Defense shall so notify the Secretary
within the 20 days provided for consultation on the
determination. The Secretary of Defense shall at the
same time submit the matter to the President for
resolution of the dispute. The Secretary shall also
submit the Secretary's recommendation to the President
on the license application.
(C) The President shall approve or disapprove the
export license application within 20 days after
receiving the submission of the Secretary of Defense
under subparagraph (B).
(D) Should the Secretary of Defense fail to notify
the Secretary within the time period prescribed in
subparagraph (B), the Secretary may approve the license
application without awaiting the notification by the
Secretary of Defense. Should the President fail to
notify the Secretary of his decision on the export
license application within the time period prescribed
in subparagraph (C), the Secretary may approve the
license application without awaiting the President's
decision on the license application.
(E) Within 10 days after an export license is issued
under this subsection, the Secretary shall provide to
the Secretary of Defense and the Secretary of State the
license application and accompanying documents issued
to the applicant, to the extent that the relevant
Secretary indicates the need to receive such
application and documents.
(5) Information sharing.--The Secretary shall
establish a procedure for information sharing with
appropriate officials of the intelligence community, as
determined by the Director of Central Intelligence, and
other appropriate Government agencies, that will ensure
effective monitoring of transfers of MTCR equipment or
technology and other missile technology.
(m) \41\, \42\ Chemical and Biological
Weapons.--
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\42\ Sec. 1702(a) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1739) redesignated
subsecs. (m) through (r), as redesignated, as subsecs. (n) through (s),
respectively. Sec. 504(b) of the Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991 (title V of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993; Public Law
102-138; 105 Stat. 724) added a new subsec. (m).
Subsequently, sec. 309(a) of Public Law 102-182 (105 Stat. 1258)
repealed title V of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138), and the amendments made by
that title, including these subsection redesignations. However, sec.
304(b) of Public Law 102-182 (105 Stat. 1246) made the same
redesignations and inserted a new subsec. (m). This second new subsec.
(m) is identical to that earlier added by Public Law 102-138.
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(1) Establishment of list.--The Secretary, in
consultation with the Secretary of State, the Secretary
of Defense, and the heads of other appropriate
departments and agencies, shall establish and maintain,
as part of the list maintained under this section, a
list of goods and technology that would directly and
substantially assist a foreign government or group in
acquiring the capability to develop, produce,
stockpile, or deliver chemical or biological weapons,
the licensing of which would be effective in barring
acquisition or enhancement of such capability.
(2) Requirement for validated licenses.--The
Secretary shall require a validated license for any
export of goods or technology on the list established
under paragraph (1) to any country of concern.
(3) Countries of concern.--For purposes of paragraph
(2), the term ``country of concern'' means any country
other than--
(A) a country with whose government the
United States has entered into a bilateral or
multilateral arrangement for the control of
goods or technology on the list established
under paragraph (1); and
(B) such other countries as the Secretary of
State, in consultation with the Secretary and
the Secretary of Defense, shall designate
consistent with the purposes of the Chemical
and Biological Weapons Control and Warfare
Elimination Act of 1991.
(n) \41\, \42\ Crime Control Instruments.--(1)
Crime control and detection instruments and equipment shall be
approved for export by the Secretary only pursuant to a
validated export license. Notwithstanding any other provision
of this Act--
(A) any determination of the Secretary of what goods
or technology shall be included on the list established
pursuant to subsection (1) of this section as a result
of the export restrictions imposed by this subsection
shall be made with the concurrence of the Secretary of
State, and
(B) any determination of the Secretary to approve or
deny an export license application to export crime
control or detection instruments or equipment shall be
made in concurrence with the recommendations of the
Secretary of State submitted to the Secretary with
respect to the application pursuant to section 10(e) of
this Act,
except that, if the Secretary does not agree with the Secretary
of State with respect to any determination under subparagraph
(A) or (B), the matter shall be referred to the President for
resolution.
(2) The provisions of this subsection shall not apply with
respect to exports to countries which are members of the North
Atlantic Treaty Organization or to Japan, Australia, or New
Zealand, or to such other countries as the President shall
designate consistent with the purposes of this subsection and
section 502B of the Foreign Assistance Act of 1961.
(o) \41\, \42\ Control List.--The Secretary
shall establish and maintain, as part of the control list, a
list of any goods or technology subject to export controls
under this section, and the countries to which such controls
apply. The Secretary shall clearly identify on the control list
which goods or technology, and which countries or destinations,
are subject to which types of controls under this section. Such
list shall consist of goods and technology identified by the
Secretary of State, with the concurrence of the Secretary. If
the Secretary and the Secretary of State are unable to agree on
the list, the matter shall be referred to the President. Such
list shall be reviewed not less frequently than every three
years in the case of controls maintained cooperatively with
other countries, and annually in the case of all other
controls, for the purpose of making such revisions as are
necessary in order to carry out this section. During the course
of such review, an assessment shall be made periodically of the
availability from sources outside the United States, or any of
its territories or possessions, of goods and technology
comparable to those controlled for export from the United
States under this section.
(p) \41\, \42\ Effect on Existing Contracts and
Licenses.--The President may not, under this section, prohibit
or curtail the export or reexport of goods, technology, or
other information--
(1) in performance of a contract or agreement entered
into before the date on which the President reports to
the Congress, pursuant to subsection (f) of this
section, his intention to impose controls on the export
or reexport of such goods, technology, or other
information, or
(2) under a validated license or other authorization
issued under this Act,
unless and until the President determines and certifies to the
Congress that--
(A) a breach of the peace poses a serious and
direct threat to the strategic interest of the
United States,
(B) the prohibition or curtailment of such
contracts, agreements, licenses, or
authorizations will be instrumental in
remedying the situation posing the direct
threat, and
(C) the export controls will continue only so
long as the direct threat persists.
(q) \41\, \42\ Extension of Certain Controls.--
Those export controls imposed under this section with respect
to South Africa which were in effect on February 28, 1982, and
ceased to be effective on March 1, 1982, September 15, 1982, or
January 20, 1983, shall become effective on the date of the
enactment of this subsection, and shall remain in effect until
1 year after such date of enactment. At the end of that 1-year
period, any of those controls made effective by this subsection
may be extended by the President in accordance with subsections
(b) and (f) of this section.
(r) \41\, \42\ Expanded Authority To Impose
Controls.--(1) In any case in which the President determines
that it is necessary to impose controls under this section
without any limitation contained in subsection (c), (d), (e),
(g), (h), or (m) of this section, the President may impose
those controls only if the President submits that determination
to the Congress, together with a report pursuant to subsection
(f) of this section with respect to the proposed controls, and
only if a law is enacted authorizing the imposition of those
controls. If a joint resolution authorizing the imposition of
those controls is introduced in either House of Congress within
30 days after the Congress receives the determination and
report of the President, that joint resolution shall be
referred to the Committee on Banking, Housing, and Urban
Affairs of the Senate and to the appropriate committee of the
House of Representatives. If either such committee has not
reported the joint resolution at the end of 30 days after its
referral, the committee shall be discharged from further
consideration of the joint resolution.
(2) For purposes of this subsection, the term ``joint
resolution'' means a joint resolution the matter after the
resolving clause of which is as follows: ``That the Congress,
having received on a determination of the President under
section 6(o)(1) of the Export Administration Act of 1979 with
respect to the export controls which are set forth in the
report submitted to the Congress with that determination,
authorizes the President to impose those export controls.'',
with the date of the receipt of the determination and report
inserted in the blank.
(3) In the computation of the periods of 30 days referred
to in paragraph (1), there shall be excluded the days on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain or because of
an adjournment of the Congress sine die.
(s) \42\, \43\ Spare Parts.--(1) At the same time
as the President imposes or expands export controls under this
section, the President shall determine whether such export
controls will apply to replacement parts for parts in goods
subject to such export controls.
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\43\ Sec. 2423(b) of Public Law 100-418 (102 Stat. 1359) added
subsec. (s), as redesignated by Public Law 101-510, and further
redesignated by sec. 304(b)(1) of Public Law 102-182.
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(2) With respect to export controls imposed under this
section before the date of the enactment of this subsection, an
individual validated export license shall not be required for
replacement parts which are exported to replace on a one-for-
one basis parts that were in a good that was lawfully exported
from the United States, unless the President determines that
such a license should be required for such parts.
short supply controls
Sec. 7.\44\ (a) Authority.--(1) In order to carry out the
policy set forth in section 3(2)(C) of this Act, the President
may prohibit or curtail the export of any goods subject to the
jurisdiction of the United States or exported by any person
subject to the jurisdiction of the United States. In curtailing
exports to carry out the policy set forth in section 3(2)(C) of
this Act, the President shall allocate a portion of export
licenses on the basis of factors other than a prior history of
exportation. Such factors shall include the extent to which a
country engages in equitable trade practices with respect to
United States goods and treats the United States equitably in
times of short supply.
---------------------------------------------------------------------------
\44\ 50 U.S.C. app. 2406.
---------------------------------------------------------------------------
(2) Upon imposing quantitative restrictions on exports of
any goods to carry out the policy set forth in section 3(2)(C)
of this Act, the Secretary shall include in a notice published
in the Federal Register with respect to such restrictions an
invitation to all interested parties to submit written comments
within 15 days from the date of publication on the impact of
such restrictions and the method of licensing used to implement
them.
(3) In imposing export controls under this section, the
President's authority shall include, but not be limited to, the
imposition of export license fees.
(b) Monitoring.--(1) In order to carry out the policy set
forth in section 3(2)(C) of this Act, the Secretary shall
monitor exports, and contracts for exports, of any good (other
than a commodity which is subject to the reporting requirements
of section 812 of the Agricultural Act of 1970) when the volume
of such exports in relation to domestic supply contributes, or
may contribute, to an increase in domestic prices or a domestic
shortage, and such price increase or shortage has, or may have,
a serious adverse impact on the economy or any sector thereof.
Any such monitoring shall commence at a time adequate to assure
that the monitoring will result in a data base sufficient to
enable policies to be developed, in accordance with section
3(2)(C) of this Act, to mitigate a short supply situation or
serious inflationary price rise or, if export controls are
needed, to permit imposition of such controls in a timely
manner. Information which the Secretary requires to be
furnished in effecting such monitoring shall be confidential,
except as provided in paragraph (2) of this subsection.
(2) The results of such monitoring shall, to the extent
practicable, be aggregated and included in weekly reports
setting forth, with respect to each item monitored, actual and
anticipated exports, the destination by country, and the
domestic and worldwide price, supply, and demand. Such reports
may be made monthly if the Secretary determines that there is
insufficient information to justify weekly reports.
(3) The Secretary shall consult with the Secretary of
Energy to determine whether monitoring or export controls under
this section are warranted with respect to exports of
facilities, machinery, or equipment normally and principally
used, or intended to be used, in the production, conversion, or
transportation of fuels and energy (except nuclear energy),
including, but not limited to, drilling rigs, platforms, and
equipment; petroleum refineries, natural gas processing,
liquefaction, and gasification plants; facilities for
production of synthetic natural gas or synthetic crude oil; oil
and gas pipelines, pumping stations, and associated equipment;
and vessels for transporting oil, gas, coal, and other fuels.
(c) Petitions for Monitoring or Controls.--(1)(A) Any
entity, including a trade association, firm, or certified or
recognized union or group of workers, that is representative of
an industry or a substantial segment of an industry that
processes metallic materials capable of being recycled may
transmit a written petition to the Secretary requesting the
monitoring of exports or the imposition of export controls, or
both, with respect to any such material, in order to carry out
the policy set forth in section 3(2)(C) of this Act.
(B) Each petition shall be in such form as the Secretary
shall prescribe and shall contain information in support of the
action requested. The petition shall include any information
reasonably available to the petitioner indicating that each of
the criteria set forth in paragraph (3)(A) of this subsection
is satisfied.
(2) Within 15 days after receipt of any petition described
in paragraph (1), the Secretary shall publish a notice in the
Federal Register. The notice shall--
(A) include the name of the material that is the
subject of the petition,
(B) include the Schedule B number of the material as
set forth in the Statistical Classification of Domestic
and Foreign Commodities Exported from the United
States,
(C) indicate whether the petitioner is requesting
that controls or monitoring, or both, be imposed with
respect to the exportation of such material, and
(D) provide that interested persons shall have a
period of 30 days beginning on the date of publication
of such notice to submit to the Secretary written data,
views or arguments, with or without opportunity for
oral presentation, with respect to the matter involved.
At the request of the petitioner or any other entity described
in paragraph (1)(A) with respect to the material that is the
subject of the petition, or at the request of any entity
representative of producers or exporters of such material, the
Secretary shall conduct public hearings with respect to the
subject of the petition, in which case the 30-day period may be
extended to 45 days.
(3)(A) Within 45 days after the end of the 30- or 45-day
period described in paragraph (2), as the case may be, the
Secretary shall determine whether to impose monitoring or
controls, or both, on the export of the material that is the
subject of the petition, in order to carry out the policy set
forth in section 3(2)(C) of this Act. In making such
determination, the Secretary shall determine whether--
(i) there has been a significant increase, in
relation to a specific period of time, in exports of
such material in relation to domestic supply and
demand;
(ii) there has been a significant increase in the
domestic price of such material or a domestic shortage
of such material relative to demand;
(iii) exports of such material are as important as
any other cause of a domestic price increase or
shortage relative to demand found under clause (ii);
(iv) a domestic price increase or shortage relative
to demand found under clause (ii) has significantly
adversely affected or may significantly adversely
affect the national economy or any sector thereof,
including a domestic industry; and
(v) monitoring or controls, or both, are necessary in
order to carry out the policy set forth in section
3(2)(C) of this Act.
(B) The Secretary shall publish in the Federal Register a
detailed statement of the reasons for the Secretary's
determination pursuant to subparagraph (A) of whether to impose
monitoring or controls, or both, including the findings of fact
in support of that determination.
(4) Within 15 days after making a determination under
paragraph (3) to impose monitoring or controls on the export of
a material, the Secretary shall publish in the Federal Register
proposed regulations with respect to such monitoring or
controls. Within 30 days after the publication of such proposed
regulations, and after considering any public comments on the
proposed regulations, the Secretary shall publish and implement
final regulations with respect to such monitoring or controls.
(5) For purposes of publishing notices in the Federal
Register and scheduling public hearings pursuant to this
subsection, the Secretary may consolidate petitions, and
responses to such petitions which involve the same or related
materials.
(6) If a petition with respect to a particular material or
group of materials has been considered in accordance with all
the procedures prescribed in this subsection, the Secretary may
determine, in the absence of significantly changed
circumstances, that any other petition with respect to the same
material or group of materials which is filed within 6 months
after the consideration of the prior petition has been
completed does not merit complete consideration under this
subsection.
(7) The procedures and time limits set forth in this
subsection with respect to a petition filed under this
subsection shall take precedence over any review undertaken at
the initiative of the Secretary with respect to the same
subject as that of the petition.
(8) The Secretary may impose monitoring or controls, on a
temporary basis, on the export of a metallic material after a
petition is filed under paragraph (1)(A) with respect to that
material but before the Secretary makes a determination under
paragraph (3) with respect to that material only if--
(A) the failure to take such temporary action would
result in irreparable harm to the entity filing the
petition, or to the national economy or segment
thereof, including a domestic industry, and
(B) the Secretary considers such action to be
necessary to carry out the policy set forth in section
3(2)(C) of this Act.
(9) The authority under this subsection shall not be
construed to affect the authority of the Secretary under any
other provision of this Act, except that if the Secretary
determines, on the Secretary's own initiative, to impose
monitoring or controls, or both, on the export of metallic
materials capable of being recycled, under the authority of
this section, the Secretary shall publish the reasons for such
action in accordance with paragraph (3) (A) and (B) of this
subsection.
(10) Nothing contained in this subsection shall be
construed to preclude submission on a confidential basis to the
Secretary of information relevant to a decision to impose or
remove monitoring or controls under the authority of this Act,
or to preclude consideration of such information by the
Secretary in reaching decisions required under this subsection.
The provisions of this paragraph shall not be construed to
affect the applicability of section 552(b) of title 5, United
States Code.
(d) Domestically Produced Crude Oil.--(1) \45\
Notwithstanding any other provision of this Act and
notwithstanding subsection (u) of section 28 of the Mineral
Leasing Act of 1920 (30 U.S.C. 185), no domestically produced
crude oil transported by pipeline over right-of-way granted
pursuant to section 203 of the Trans-Alaska Pipeline
Authorization Act (43 U.S.C. 1652) (except any such crude oil
which (A) is exported to an adjacent foreign country to be
refined and consumed therein in exchange for the same quantity
of crude oil being exported from that country to the United
States; such exchange must result through convenience or
increased efficiency of transportation in lower prices for
consumers of petroleum products in the United States as
described in paragraph (2)(A)(ii) of this subsection, (B) is
temporarily exported for convenience or increased efficiency of
transportation across parts of an adjacent foreign country and
reenters the United States) may be exported from the United
States, or any of its territories and possessions, subject to
paragraph (2) of this subsection.
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\45\ Sec. 305 of the United States-Canada Free Trade Agreement
Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1876) amended
and restated para. (1).
---------------------------------------------------------------------------
(2) Crude oil subject to the prohibition contained in
paragraph (1) may be exported only if--
(A) the President so recommends to the Congress after
making and publishing express findings that exports of
such crude oil, including exchanges--
(i) will not diminish the total quantity or
quality of petroleum refined within, stored
within, or legally committed to be transported
to and sold within the United States;
(ii) will, within 3 months following the
initiation of such exports or exchanges, result
in (I) acquisition costs to the refiners which
purchase the imported crude oil being lower
than the acquisition costs such refiners would
have to pay for the domestically produced oil
in the absence of such an export or exchange,
and (II) not less than 75 percent of such
savings in costs being reflected in wholesale
and retail prices of products refined from such
imported crude oil;
(iii) will be made only pursuant to contracts
which may be terminated if the crude oil
suppliers of the United States are interrupted,
threatened, or diminished;
(iv) are clearly necessary to protect the
national interest; and
(v) are in accordance with the provisions of
this Act; and
(B) the President includes such findings in his
recommendation to the Congress and the Congress, within
60 days after receiving that recommendation, agrees to
a joint resolution which approves such exports on the
basis of those findings, and which is thereafter
enacted into law.
(3) Notwithstanding any other provision of this section or
any other provision of law, including subsection (u) of section
28 of the Mineral Leasing Act of 1920, the President may export
oil to any country pursuant to a bilateral international oil
supply agreement entered into by the United States with such
nation before June 25, 1979, or to any country pursuant to the
International Emergency Oil Sharing Plan of the International
Energy Agency.\46\
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\46\ Sec. 2424(a) of Public Law 100-418 (102 Stat. 1359) struck out
para. (4), which previously read as follows:
``(4) Notwithstanding the provisions of section 20 of this Act, the
provisions of this subsection shall expire on September 30, 1990.''.
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(e) Refined Petroleum Products.--(1) In any case in which
the President determines that it is necessary to impose export
controls on refined petroleum products in order to carry out
the policy set forth in section 3(2)(C) of this Act, the
President shall notify the Congress of that determination. The
President shall also notify the Congress if and when he
determines that such export controls are no longer necessary.
During any period in which a determination that such export
controls are necessary is in effect, no refined petroleum
product may be exported except pursuant to an export license
specifically authorizing such export. Not later than 5 days
after an application for a license to export any refined
petroleum product or residual fuel oil is received, the
Secretary shall notify the Congress of such application,
together with the name of the exporter, the destination of the
proposed export, and the amount and price of the proposed
export. Such notification shall be made to the chairman of the
Committee on Foreign Affairs \47\ of the House of
Representatives and the chairman of the Committee on Banking,
Housing, and Urban Affairs of the Senate.
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\47\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(2) The Secretary may not grant such license during the 30-
day period beginning on the date on which notification to the
Congress under paragraph (1) is received, unless the President
certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate
that the proposed export is vital to the national interest and
that a delay in issuing the license would adversely affect that
interest.
(3) This subsection shall not apply to (A) any export
license application for exports to a country with respect to
which historical export quotas established by the Secretary on
the basis of past trading relationships apply, or (B) any
license application for exports to a country if exports under
the license would not result in more than 250,000 barrels of
refined petroleum products being exported from the United
States to such country in any fiscal year.
(4) For purposes of this subsection, ``refined petroleum
product'' means gasoline, kerosene, distillates, propane or
butane gas, diesel fuel, and residual fuel oil refined within
the United States or entered for consumption within the United
States.
(5) The Secretary may extend any time period prescribed in
section 10 of this Act to the extent necessary to take into
account delays in action by the Secretary on a license
application on account of the provisions of this subsection.
(f) Certain Petroleum Products.--Petroleum products refined
in United States Foreign Trade Zones, or in the United States
Territory of Guam, from foreign crude oil shall be excluded
from any quantitative restrictions imposed under this section
except that, if the Secretary finds that a product is in short
supply, the Secretary may issue such regulations as may be
necessary to limit exports.
(g) Agricultural Commodities.--(1) The authority conferred
by this section shall not be exercised with respect to any
agricultural commodity, including fats and oils or animal hides
or skins, without the approval of the Secretary of Agriculture.
The Secretary of Agriculture shall not approve the exercise of
such authority with respect to any such commodity during any
period for which the supply of such commodity is determined by
the Secretary of Agriculture to be in excess of the
requirements of the domestic economy except to the extent the
President determines that such exercise of authority is
required to carry out the policies set forth in subparagraph
(A) or (B) of paragraph (2) of section 3 of this Act. The
Secretary of Agriculture shall, by exercising the authorities
which the Secretary of Agriculture has under other applicable
provisions of law, collect data with respect to export sales of
animal hides and skins.
(2) Upon approval of the Secretary, in consultation with
the Secretary of Agriculture, agricultural commodities
purchased by or for use in a foreign country may remain in the
United States for export at a later date free from any
quantitative limitations on export which may be imposed to
carry out the policy set forth in section 3(2)(C) of this Act
subsequent to such approval. The Secretary may not grant such
approval unless the Secretary receives adequate assurance and,
in conjunction with the Secretary of Agriculture, finds (A)
that such commodities will eventually be exported, (B) that
neither the sale nor export thereof will result in an excessive
drain of scarce materials and have a serious domestic
inflationary impact, (C) that storage of such commodities in
the United States will not unduly limit the space available for
storage of domestically owned commodities, and (D) that the
purpose of such storage is to establish a reserve of such
commodities for later use, not including resale to or use by
another country. The Secretary may issue such regulations as
may be necessary to implement this paragraph.
(3)(A) If the President imposes export controls on any
agricultural commodity in order to carry out the policy set
forth in paragraph (2)(B), (2)(C), (7), or (8) of section 3 of
this Act, the President shall immediately transmit a report on
such action to the Congress, setting forth the reasons for the
controls in detail and specifying the period of time, which may
not exceed 1 year, that the controls are proposed to be in
effect. If the Congress, within 60 days after the date of its
receipt of the report, adopts a joint resolution pursuant to
paragraph (4) approving the imposition of the export controls,
then such controls shall remain in effect for the period
specified in the report, or until terminated by the President,
whichever occurs first. If the Congress, within 60 days after
the date of its receipt of such report, fails to adopt a joint
resolution approving such controls, then such controls shall
cease to be effective upon the expiration of that 60-day
period.
(B) The provisions of subparagraph (A) and paragraph (4)
shall not apply to export controls--
(i) which are extended under this Act if the
controls, when imposed, were approved by the Congress
under subparagraph (A) and paragraph (4); or
(ii) which are imposed with respect to a country as
part of the prohibition or curtailment of all exports
to that country.
(4)(A) For purposes of this paragraph, the term joint
resolution means only a joint resolution the matter after the
resolving clause of which is as follows: ``That, pursuant to
section 7(g)(3) of the Export Administration Act of 1979, the
President may impose export controls as specified in the report
submitted to the Congress on .'', with the blank space
being filled with the appropriate date.
(B) On the day on which a report is submitted to the House
of Representatives and the Senate under paragraph (3), a joint
resolution with respect to the export controls specified in
such report shall be introduced (by request) in the House by
the chairman of the Committee on Foreign Affairs,\47\ for
himself and the ranking minority member of the Committee, or by
Members of the House designated by the chairman and ranking
minority member; and shall be introduced (by request) in the
Senate by the majority leader of the Senate, for himself and
the minority leader of the Senate, or by Members of the Senate
designated by the majority leader and minority leader of the
Senate. If either House is not in session on the day on which
such a report is submitted, the joint resolution shall be
introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that House is in
session.
(C) All joint resolutions introduced in the House of
Representatives shall be referred to the appropriate committee
and all joint resolutions introduced in the Senate shall be
referred to the Committee on Banking, Housing, and Urban
Affairs.
(D) If the committee of either House to which a joint
resolution has been referred has not reported the joint
resolution at the end of 30 days after its referral, the
committee shall be discharged from further consideration of the
joint resolution or of any other joint resolution introduced
with respect to the same matter.
(E) A joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b)(4) of the International Security Assistance and
Arms Export Control Act of 1976. For the purpose of expediting
the consideration and passage of joint resolutions reported or
discharged pursuant to the provisions of this paragraph, it
shall be in order for the Committee on Rules of the House of
Representatives to present for consideration a resolution of
the House of Representatives providing procedures for the
immediate consideration of a joint resolution under this
paragraph which may be similar, if applicable, to the
procedures set forth in section 601(b)(4) of the International
Security Assistance and Arms Export Control Act of 1976.
(F) In the case of a joint resolution described in
subparagraph (A), if, before the passage by one House of a
joint resolution of that House, that House receives a
resolution with respect to the same matter from the other
House, then--
(i) the procedure in that House shall be the same as
if no joint resolution had been received from the other
House; but
(ii) the vote on final passage shall be on the joint
resolution of the other House.
(5) In the computation of the period of 60 days referred to
in paragraph (3) and the period of 30 days referred to in
subparagraph (D) of paragraph (4), there shall be excluded the
days on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day certain
or because of an adjournment of the Congress sine die.
(h) Barter Agreements.--(1) The exportation pursuant to a
barter agreement of any goods which may lawfully be exported
from the United States, for any goods which may lawfully be
imported into the United States, may be exempted, in accordance
with paragraph (2) of this subsection, from any quantitative
limitation on exports (other than any reporting requirement)
imposed to carry out the policy set forth in section 3(2)(C) of
this Act.
(2) the Secretary shall grant an exemption under paragraph
(1) if the Secretary finds, after consultation with the
appropriate department or agency of the United States, that--
(A) for the period during which the barter agreement
is to be performed--
(i) the average annual quantity of the goods
to be exported pursuant to the barter agreement
will not be required to satisfy the average
amount of such goods estimated to be required
annually by the domestic economy and will be
surplus thereto; and
(ii) the average annual quantity of the goods
to be imported will be less than the average
amount of such goods estimated to be required
annually to supplement domestic production; and
(B) the parties to such barter agreement have
demonstrated adequately that they intend, and have the
capacity, to perform such barter agreement.
(3) For purposes of this subsection, the term ``barter
agreement'' means any agreement which is made for the exchange,
without monetary consideration, of any goods produced in the
United States for any goods produced outside of the United
States.
(4) This subsection shall apply only with respect to barter
agreements entered into after the effective date of this Act.
(i) Unprocessed Red Cedar.--(1) The Secretary shall require
a validated license, under the authority contained in
subsection (a) of this section, for the export of unprocessed
western red cedar (Thuja plicata) logs, harvested from State or
Federal lands. The Secretary shall impose quantitative
restrictions upon the export of unprocessed western red cedar
logs during the 3-year period beginning on the effective date
of this Act as follows:
(A) Not more than thirty million board feet scribner
of such logs may be exported during the first year of
such 3-year period.
(B) Not more than fifteen million board feet scribner
of such logs may be exported during the second year of
such period.
(C) Not more than five million board feet scribner of
such logs may be exported during the third year of such
period.
After the end of such 3-year period, no unprocessed western red
cedar logs harvested from State or Federal lands may be
exported from the United States.
(2) To the maximum extent practicable, the Secretary shall
utilize the multiple validated export licenses described in
section 4(a)(2) of this Act in lieu of validated licenses for
exports under this subsection.
(3) The Secretary shall allocate export licenses to
exporters pursuant to this subsection on the basis of a prior
history of exportation by such exporters and such other factors
as the Secretary considers necessary and appropriate to
minimize any hardship to the producers of western red cedar and
to further the foreign policy of the United States.
(4) Unprocessed western red cedar logs shall not be
considered to be an agricultural commodity for purposes of
subsection (g) of this section.
(5) As used in this subsection, the term ``unprocessed
western red cedar'' means red cedar timber which has not been
processed into--
(A) lumber of American Lumber Standards Grades of
Number 3 dimension or better, or Pacific Lumber
Inspection Bureau Export R-List Grades of Number 3
common or better;
(B) chips, pulp, and pulp products;
(C) veneer and plywood;
(D) poles, posts, or pilings cut or treated with
preservative for use as such and not intended to be
further processed; or
(E) shakes and shingles.
(j) Effect of Controls on Existing Contracts.--The export
restrictions contained in subsection (i) of this section and
any export controls imposed under this section shall not affect
any contract to harvest unprocessed western red cedar from
State lands which was entered into before October 1, 1979, and
the performance of which would make the red cedar available for
export. Any export controls imposed under this section on any
agricultural commodity (including fats, oils, and animal hides
and skins) or on any forest product or fishery product, shall
not affect any contract to export entered into before the date
on which such controls are imposed. For purposes of this
subsection, the term ``contract to export'' includes, but is
not limited to, an export sales agreement and an agreement to
invest in an enterprise which involves the export of goods or
technology.
foreign boycotts
Sec. 8.\48\ (a) Prohibitions and Exceptions.--(1) For the
purpose of implementing the policies set forth in subparagraph
(A) or (B) of paragraph (5) of section 3 of this Act, the
President shall issue regulations prohibiting any United States
person, with respect to his activities in the interstate or
foreign commerce of the United States, from taking or knowingly
agreeing to take any of the following actions with intent to
comply with, further, or support any boycott fostered or
imposed by a foreign country against a country which is
friendly to the United States and which is not itself the
object of any form of boycott pursuant to United States law or
regulation:
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\48\ 50 U.S.C. app. 2407.
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(A) Refusing, or requiring any other person to
refuse, to do business with or in the boycotted
country, with any business concern organized under the
laws of the boycotted country, with any national or
resident of the boycotted country, or with any other
person, pursuant to an agreement with, a requirement
of, or a request from or on behalf of the boycotting
country. The mere absence of a business relationship
with or in the boycotted country with any business
concern organized under the laws of the boycotted
country, with any national or resident of the boycotted
country, or with any other person, does not indicate
the existence of the intent required to establish a
violation of regulations issued to carry out this
subparagraph.
(B) Refusing, or requiring any other person to
refuse, to employ or otherwise discriminating against
any United States person on the basis of race,
religion, sex, or national origin of that person or of
any owner, officer, director, or employee of such
person.
(C) Furnishing information with respect to the race,
religion, sex, or national origin of any United States
person or of any owner, officer, director, or employee
of such person.
(D) Furnishing information about whether any person
has, has had, or proposes to have any business
relationship (including a relationship by way of sale,
purchase, legal or commercial representation, shipping
or other transport, insurance, investment, or supply)
with or in the boycotted country, with any business
concern organized under the laws of the boycotted
country, with any national or resident of the boycotted
country, or with any other person which is known or
believed to be restricted from having any business
relationship with or in the boycotting country. Nothing
in this paragraph shall prohibit the furnishing of
normal business information in a commercial context as
defined by the Secretary.
(E) Furnishing information about whether any person
is a member of, has made contribution to, or is
otherwise associated with or involved in the activities
of any charitable or fraternal organization which
supports the boycotted country.
(F) Paying, honoring, confirming, or otherwise
implementing a letter of credit which contains any
condition or requirement compliance with which is
prohibited by regulations issued pursuant to this
paragraph, and no United States person shall, as a
result of the application of this paragraph, be
obligated to pay or otherwise honor or implement such
letter of credit.
(2) Regulations issued pursuant to paragraph (1) shall
provide exceptions for--
(A) complying or agreeing to comply with requirements
(i) prohibiting the import of goods or services from
the boycotted country or goods produced or services
provided by any business concern organized under the
laws of the boycotted country or by nationals or
residents of the boycotted country, or (ii) prohibiting
the shipment of goods to the boycotted country on a
carrier of the boycotted country, or by a route other
than that prescribed by the boycotting country or the
recipient of the shipment;
(B) complying or agreeing to comply with import and
shipping document requirements with respect to the
country of origin, the name of the carrier and route of
shipment, the name of the supplier of the shipment or
the name of the provider of other services, except that
no information knowingly furnished or conveyed in
response to such requirements may be stated in
negative, blacklisting, or similar exclusionary terms,
other than with respect to carriers or route of
shipment as may be permitted by such regulations in
order to comply with precautionary requirements
protecting against war risks and confiscation;
(C) complying or agreeing to comply in the normal
course of business with the unilateral and specific
selection by a boycotting country, or national or
resident thereof, of carriers, insurers, suppliers of
services to be performed within the boycotting country
or specific goods which, in the normal course of
business, are identifiable by source when imported into
the boycotting country;
(D) complying or agreeing to comply with export
requirements of the boycotting country relating to
shipments or transshipments of exports to the boycotted
country, to any business concern of or organized under
the laws of the boycotted country, or to any national
or resident of the boycotted country;
(E) compliance by an individual or agreement by an
individual to comply with the immigration or passport
requirements of any country with respect to such
individual or any member of such individual's family or
with requests for information regarding requirements of
employment of such individual within the boycotting
country; and
(F) compliance by a United States person resident in
a foreign country or agreement by such person to comply
with the laws of that country with respect to his
activities exclusively therein, and such regulations
may contain exceptions for such resident complying with
the laws or regulations of that foreign country
governing imports into such country of trademarked,
trade named, or similarly specifically identifiable
products, or components of products for his own use,
including the performance of contractual services
within that country, as may be defined by such
regulations.
(3) Regulations issued pursuant to paragraphs (2)(C) and
(2)(F) shall not provide exceptions from paragraphs (1)(B) and
(1)(C).
(4) Nothing in this subsection may be construed to
supersede or limit the operation of the antitrust, or civil
rights laws of the United States.
(5) This section shall apply to any transaction or activity
undertaken, by or through a United States person or any other
person, with intent to evade the provisions of this section as
implemented by the regulations issued pursuant to this
subsection, and such regulations shall expressly provide that
the exceptions set forth in paragraph (2) shall not permit
activities or agreements (expressed or implied by a course of
conduct, including a pattern of responses) otherwise
prohibited, which are not within the intent of such exceptions.
(b) Foreign Policy Controls.--(1) In addition to the
regulations issued pursuant to subsection (a) of this section,
regulations issued under section 6 of this Act shall implement
the policies set forth in section 3(5).
(2) Such regulations shall require that any United States
person receiving a request for the furnishing of information,
the entering into or implementing of agreements, or the taking
of any other action referred to in section 3(5) shall report
that fact to the Secretary, together with such other
information concerning such request as the Secretary may
require for such action as the Secretary considers appropriate
for carrying out the policies of that section. Such person
shall also report to the Secretary whether such person intends
to comply and whether such person has complied with such
request. Any report filed pursuant to this paragraph shall be
made available promptly for public inspection and copying,
except that information regarding the quantity, description,
and value of any goods or technology to which such report
relates may be kept confidential if the Secretary determines
that disclosure thereof would place the United States person
involved at a competitive disadvantage. The Secretary shall
periodically transmit summaries of the information contained in
such reports to the Secretary of State for such action as the
Secretary of State, in consultation with the Secretary,
considers appropriate for carrying out the policies set forth
in section 3(5) of this Act.
(c) Preemption.--The provisions of this section and the
regulations issued pursuant thereto shall preempt any law,
rule, or regulation of any of the several States or the
District of Columbia, or any of the territories or possessions
of the United States, or of any governmental subdivision
thereof, which law, rule, or regulation pertains to
participation in, compliance with, implementation of, or the
furnishing of information regarding restrictive trade practices
or boycotts fostered or imposed by foreign countries against
other countries.
procedures for hardship relief from export controls
Sec. 9.\49\ (a) Filing of Petitions.--Any person who, in
such person's domestic manufacturing process or other domestic
business operation, utilizes a product produced abroad in whole
or in part from a good historically obtained from the United
States but which has been made subject to export controls, or
any person who historically has exported such a good, may
transmit a petition of hardship to the Secretary requesting an
exemption from such controls in order to alleviate any unique
hardship resulting from the imposition of such controls. A
petition under this section shall be in such form as the
Secretary shall prescribe and shall contain information
demonstrating the need for the relief requested.
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\49\ 50 U.S.C. app. 2408.
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(b) Decision of the Secretary.--Not later than 30 days
after receipt of any petition under subsection (a), the
Secretary shall transmit a written decision to the petitioner
granting or denying the requested relief. Such decision shall
contain a statement setting forth the Secretary's basis for the
grant or denial. Any exemption granted may be subject to such
conditions as the Secretary considers appropriate.
(c) Factors To Be Considered.--For purposes of this
section, the Secretary's decision with respect to the grant or
denial of relief from unique hardship resulting directly or
indirectly from the imposition of export controls shall reflect
the Secretary's consideration of factors such as the following:
(1) Whether denial would cause a unique hardship to
the petitioner which can be alleviated only by granting
an exception to the applicable regulations. In
determining whether relief shall be granted, the
Secretary shall take into account--
(A) ownership of material for which there is
no practicable domestic market by virtue of the
location or nature of the material;
(B) potential serious financial loss to the
applicant if not granted an exception;
(C) inability to obtain, except through
import, an item essential for domestic use
which is produced abroad from the good under
control;
(D) the extent to which denial would
conflict, to the particular detriment of the
applicant, with other national policies
including those reflected in any international
agreement to which the United States is a
party;
(E) possible adverse effects on the economy
(including unemployment) in any locality or
region of the United States; and
(F) other relevant factors, including the
applicant's lack of an exporting history during
any base period that may be established with
respect to export quotas for the particular
good.
(2) The effect a finding in favor of the applicant
would have on attainment of the basic objectives of the
short supply control program.
In all cases, the desire to sell at higher prices and thereby
obtain greater profits shall not be considered as evidence of a
unique hardship, nor will circumstances where the hardship is
due to imprudent acts or failure to act on the part of the
petitioner.
procedures for processing export license applications; other inquiries
Sec. 10.\50\ (a) Primary Responsibility of the Secretary.--
(1) All export license applications required under this Act
shall be submitted by the applicant to the Secretary. All
determinations with respect to any such application shall be
made by the Secretary, subject to the procedures provided in
this section.
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\50\ 50 U.S.C. app. 2409.
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(2) It is the intent of the Congress that a determination
with respect to any export license application be made to the
maximum extent possible by the Secretary without referral of
such application to any other department or agency of the
Government.
(3) To the extent necessary, the Secretary shall seek
information and recommendations from the Government departments
and agencies concerned with aspects of United States domestic
and foreign polices and operations having an important bearing
on exports. Such departments and agencies shall cooperate fully
in rendering such information and recommendations.
(b) Initial Screening.--Within 10 days after the date on
which any export license application is submitted pursuant to
subsection (a)(1), the Secretary shall--
(1) send the applicant an acknowledgment of the
receipt of the application and the date of the receipt;
(2) submit to this applicant a written description of
the procedures required by this section, the
responsibilities of the Secretary and of other
departments and agencies with respect to the
application and the rights of the applicant;
(3) return the application without action if the
application is improperly completed or if additional
information is required, with sufficient information to
permit the application to be properly resubmitted, in
which case of such application is resubmitted, it shall
be treated as a new application for the purpose of
calculating the time periods prescribed in this
section;
(4) determine whether it is necessary to refer the
application to any other department or agency and, if
such referral is determined to be necessary, inform the
applicant of any such department or agency to which the
application will be referred; and
(5) determine whether it is necessary to submit the
application to a multilateral review process, pursuant
to a multilateral agreement, formal or informal, to
which the United States is a part and, if so inform the
applicant of this requirement.
(c) Action on Certain Applications.--Except as provided in
subsection (o), in each case in which the Secretary determines
that it is not necessary to refer an application to any other
department or agency for its information and recommendations, a
license shall be formally issued or denied within 60 days after
a properly completed application has been submitted pursuant to
this section.
(d) Referral to Other Departments and Agencies.--Except in
the case of exports described in subsection (o), in each case
in which the Secretary determines that it is necessary to refer
an application to any other department or agency for its
information and recommendations, the Secretary shall, within 20
days after the submission of a properly completed application--
(1) refer the application, together with all
necessary analysis and recommendations of the
Department of Commerce, concurrently to all such
departments or agencies; and
(2) if the applicant so requests, provide the
applicant with an opportunity to review for accuracy
any documentation to be referred to any such department
or agency with respect to such application for the
purpose of describing the export in question in order
to determine whether such documentation accurately
describes the proposed export.
Notwithstanding the 10-day period set forth in subsection (b),
in the case of exports described in subsection (o), in each
case in which the Secretary determines that it is necessary to
refer an application to any other department or agency for its
information and recommendations, the Secretary shall,
immediately upon receipt of the properly completed application,
refer the application to such department or agency for its
review. Such review shall be concurrent with that of the
Department of Commerce.
(e) Action by Other Departments and Agencies.--(1) Any
department or agency to which an application is referred
pursuant to subsection (d) shall submit to the Secretary the
information or recommendations requested with respect to the
application. The information or recommendations shall be
submitted within 20 days after the department or agency
receives the application or, in the case of exports described
in subsection (o), before the expiration of the time periods
permitted by that subsection. Except as provided in paragraph
(2), any such department or agency which does not submit its
recommendations within the time period prescribed in the
preceding sentence shall be deemed by the Secretary to have no
objection to the approval of such application.
(2)(A) Except in the case of exports described in
subsection (o), if the head of any such department or agency
notifies the Secretary before the expiration of the time period
provided in paragraph (1) for submission of its recommendations
that more time is required for review by such department or
agency, such department or agency shall have an additional 20-
day period to submit its recommendations to the Secretary. If
such department or agency does not submit its recommendations
within the time period prescribed by the preceding sentence, it
shall be deemed by the Secretary to have no objection to the
approval of such application.
(B) In the case of exports described in subsection (o), if
the head of any such department or agency notifies the
Secretary, before the expiration of the 15-day period provided
in subsection (o)(1), that more time is required for review by
such department or agency, the Secretary shall notify the
applicant, pursuant to subsection (o)(1)(C), that additional
time is required to consider the application, and such
department or agency shall have additional time to consider the
application within the limits permitted by subsection (o)(2).
If such department or agency does not submit its
recommendations within the time periods permitted under
subsection (o), it shall be deemed by the Secretary to have no
objection to the approval of such application.
(f) Action by the Secretary.--(1) Within 60 days after
receipt of the recommendations of other departments and
agencies with respect to a license application, as provided in
subsection (e), the Secretary shall formally issue or deny the
license. In deciding whether to issue or deny a license, the
Secretary shall take into account any recommendation of a
department or agency with respect to the application in
question. In cases where the Secretary receives conflicting
recommendations, the Secretary shall, within the 60-day period
provided for in this subsection, take such action as may be
necessary to resolve such conflicting recommendations. The
provisions of this paragraph shall not apply in the case of
exports described in subsection (o).
(2) In cases where the Secretary receives questions or
negative considerations or recommendations from any other
department or agency with respect to an application, the
Secretary shall, to the maximum extent consistent with the
national security and foreign policy of the United States,
inform the applicant in writing of the specific questions
raised and any such negative considerations or recommendations.
Before a final determination with respect to the application in
made, the applicant shall be entitled--
(A) to respond in writing to such questions,
considerations, or recommendations within 30 days after
receipt of such information from the Secretary; and
(B) upon the filing of a written request with the
Secretary within 15 days after the receipt of such
information, to respond in person to the department or
agency raising such questions, considerations, or
recommendations.
The provisions of this paragraph shall not apply in the case of
exports described in subsection (o).
(3) In cases where the Secretary has determined that an
application should be denied, the applicant shall be informed
in writing, within 5 days after such determination is made,
of--
(A) the determination,
(B) the statutory basis for the proposed denial,
(C) the policies set forth in section 3 of this Act
which would be furthered by the proposed denial,
(D) what if any modifications in or restrictions on
the goods or technology for which the license was
sought would allow such export to be compatible with
export controls imposed under this Act,
(E) which officers and employees of the Department of
Commerce who are familiar with the application will be
made reasonably available to the applicant for
considerations with regard to such modifications or
restrictions, if appropriate,
(F) to the extent consistent with the national
security and foreign policy of the United States, the
specific considerations which led to the determination
to deny the application, and
(G) the availability of appeal procedures.
The Secretary shall allow the applicant at least 30 days to
respond to the Secretary's determination before the license
application is denied. In the event decisions on license
applications are deferred inconsistent with the provisions of
this section, the applicant shall be so informed in writing
within 5 days after such deferral.
(4) If the Secretary determines that a particular
application or set of applications is of exceptional importance
and complexity, and that additional time is required for
negotiations to modify the application or applications, the
Secretary may extend any time period prescribed in this
section. The Secretary shall notify the Congress and the
applicant of such extension and the reasons therefor. The
provisions of this paragraph shall not apply in the case of
exports described in subsection (o).
(g) Special Procedures for Secretary of Defense.--(1)
Notwithstanding any other provision of this section, the
Secretary of Defense is authorized to review any proposed
export of any goods or technology to any country to which
exports are controlled for national security purposes and,
whenever the Secretary of Defense determines that the export of
such goods or technology will make a significant contribution,
which would prove detrimental to the national security of the
United States, to the military potential of any such country,
to recommend to the President that such export be disapproved.
(2) Notwithstanding any other provision of law, the
Secretary of Defense shall determine, in consultation with the
Secretary, and confirm in writing the types and categories of
transactions which should be reviewed by the Secretary of
Defense in order to make a determination referred to in
paragraph (1). Whenever a license or other authority is
requested for the export to any country to which exports are
controlled for national security purposes of goods or
technology within any such type or category, the Secretary
shall notify the Secretary of Defense of such request, and the
Secretary may not issue any license or other authority pursuant
to such request before the expiration of the period within
which the President may disapprove such export. The Secretary
of Defense shall carefully consider any notification submitted
by the Secretary pursuant to this paragraph and, not later than
20 days after notification of the request, shall--
(A) recommend to the President and the Secretary \51\
that he disapprove any request for the export of the
goods or technology involved to the particular country
if the Secretary of Defense determines that the export
of such goods or technology will make a significant
contribution, which would prove detrimental to the
national security of the United States, to the military
potential of such country or any other country;
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\51\ Sec. 2425(a)(1) of Public Law 100-418 (102 Stat. 1360)
inserted ``and the Secretary''.
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(B) notify the Secretary that he would recommend
approval subject to specified conditions; or
(C) recommend to the Secretary that the export of
goods or technology be approved.
Whenever the Secretary of Defense makes a recommendation to the
President pursuant to paragraph (2)(A), the Secretary shall
also submit his recommendation to the President on the request
to export if the Secretary differs with the Secretary of
Defense.\52\ If the President notifies the Secretary, with 20
days after receiving a recommendation from the Secretary of
Defense, that he disapproves such export, no license or other
authority may be issued for the export of such goods or
technology to such country. If the Secretary of Defense fails
to make a recommendation or notification under this paragraph
within the 20-day period specified in the third sentence, or if
the President, within 20 days after receiving a recommendation
from the Secretary of Defense with respect to an export, fails
to notify the Secretary that he approves or disapproves the
export, the Secretary shall approve or deny the request for a
license or other authority to export without such
recommendation or notification.\53\
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\52\ Sec. 2425(a)(2) of Public Law 100-418 (102 Stat. 1360) added
this sentence.
\53\ Sec. 2425(a)(3) of Public Law 100-418 (102 Stat. 1360) added
this sentence.
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(3) The Secretary shall approve or disapprove a license
application, and issue or deny a license, in accordance with
the provisions of this subsection, and, to the extent
applicable, in accordance with the time periods and procedures
otherwise set forth in this section.\54\
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\54\ Sec. 2425(a)(4) of Public Law 100-418 (102 Stat. 1360) struck
out para. (4), which previously read as follows:
``(4) Whenever the President exercises his authority under this
subsection to modify or overrule a recommendation made by the Secretary
of Defense or exercises his authority to modify or overrule any
recommendation made by the Secretary of Defense under subsection (c) or
(d) of section 5 of this Act with respect to the list of goods and
technologies controlled for national security purposes, the President
shall promptly transmit to the Congress a statement indicating his
decision, together with the recommendation of the Secretary of
Defense.''.
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(h) Multilateral Controls.--In any case in which an
application, which has been finally approved under subsection
(c), (f), or (g) of this section, is required to be submitted
to a multilateral review process, pursuant to a multilateral
agreement, formal or informal, to which the United States is a
party, the license shall not be issued as prescribed in such
subsections, but the Secretary shall notify the applicant of
the approval of the application (and the date of such approval)
by the Secretary subject to such multilateral review. The
license shall be issued upon approval of the application under
such multilateral review. If such multilateral review has not
resulted in a determination with respect to the application
within 40 days after such date, the Secretary's approval of the
license shall be final and the license shall be issued, unless
the Secretary determines that issuance of the license would
prove detrimental to the national security of the United
States. At the time at which the Secretary makes such a
determination, the Secretary shall notify the applicant of the
determination and shall notify the Congress of the
determination, the reasons for the determination, the reasons
for which the multilateral review could not be concluded within
such 40-day period, and the actions planned or being taken by
the United States Government to secure conclusion of the
multilateral review. At the end of every 40-day period after
such notification to Congress, the Secretary shall advise the
applicant and the Congress of the status of the application,
and shall report to the Congress in detail on the reasons for
the further delay and any further actions being taken by the
United States Government to secure conclusion of the
multilateral review. In addition, at the time at which the
Secretary issues or denies the license upon conclusion of the
multilateral review, the Secretary shall notify the Congress of
such issuance or denial and of the total time required for the
multilateral review.
(i) Records.--The Secretary and any department or agency to
which any application is referred under this section shall keep
accurate records with respect to all applications considered by
the Secretary or by any such department or agency, including,
in the case of the Secretary, any dissenting recommendations
received from any such department or agency.
(j) Appeal and Court Action.--(1) The Secretary shall
establish appropriate procedures for any applicant to appeal to
the Secretary the denial of an export license application of
the applicant.
(2) In any case in which any action prescribed in this
section is not taken on a license application within the time
periods established by this section (except in the case of a
time period extended under subsection (f)(4) of which the
applicant is notified), the applicant may file a petition with
the Secretary requesting compliance with the requirements of
this section. When such petition is filed, the Secretary shall
take immediate steps to correct the situation giving rise to
the petition and shall immediately notify the applicant of such
steps.
(3) If, within 20 days after a petition is filed under
paragraph (2), the processing of the application has not been
brought into conformity with the requirements of this section,
or the application has been brought into conformity with such
requirements but the Secretary has not so notified the
applicant, the applicant may bring an action in an appropriate
United States district court for a restraining order, a
temporary or permanent injunction, or other appropriate relief,
to require compliance with the requirements of this section.
The United States district courts shall have jurisdiction to
provide such relief, as appropriate.
(k) Changes in Requirements for Applications.--Except as
provided in subsection (b)(3) of this section, in any case in
which, after a license application is submitted, the Secretary
changes the requirements for such a license application, the
Secretary may request appropriate additional information of the
applicant, but the Secretary may not return the application to
the applicant without action because it fails to meet the
changed requirements.
(l) Other Inquiries.--(1) In any case in which the
Secretary receives a written request asking for the proper
classification of a good or technology on the control list, the
Secretary shall, within 10 working days after receipt of the
request, inform the person making the request of the proper
classification.
(2) In any case in which the Secretary receives a written
request for information about the applicability of export
license requirements under this Act to a proposed export
transaction or series of transactions, the Secretary shall,
within 30 days after receipt of the request, reply with that
information to the person making the request.
(m) Small Business Assistance.--Not later than 120 days
after the date of the enactment of this subsection, the
Secretary shall develop and transmit to the Congress a plan to
assist small businesses in the export licensing application
process under this Act. The plan shall include, among other
things, arrangements for counseling small businesses on filing
applications and identifying goods or technology on the control
list, proposals for seminars and conferences to educate small
businesses on export controls and licensing procedures, and the
preparation of informational brochures. The Secretary shall,
not later than 120 days after the date of the enactment of the
Export Enhancement Act of 1988, report to the Congress on steps
taken to implement the plan developed under this subsection to
assist small businesses in the export licensing application
process.\55\
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\55\ Sec. 2425(c) of Public Law 100-418 (102 Stat. 1361) added this
sentence.
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(n) Reports on License Applications.--(1) Not later than
180 days after the date of the enactment of this subsection,
and not later than the end of each 3-month period thereafter,
the Secretary shall submit to the Committee on Foreign Affairs
\56\ of the House of Representatives and to the Committee on
Banking, Housing, and Urban Affairs of the Senate a report
listing--
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\56\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(A) all applications on which action was completed
during the preceding 3-month period and which required
a period longer than the period permitted under
subsection (c), (f)(1), or (h) of this section, as the
case may be, before notification of a decision to
approve or deny the application was sent to the
applicant; and
(B) in a separate section, all applications which
have been in process for a period longer than the
period permitted under subsection (c), (f)(1), or (h)
of this section, as the case may be, and upon which
final action has not been taken.
(2) With regard to each application, each listing shall
identify--
(A) the application case number;
(B) the value of the goods or technology to which the
application relates;
(C) the country of destination of the goods or
technology;
(D) the date on which the application was received by
the Secretary;
(E) the date on which the Secretary approved or
denied the application;
(F) the date on which the notification of approval or
denial of the application was sent to the applicant;
and
(G) the total number of days which elapsed between
receipt of the application, in its properly completed
form, and the earlier of the last day of the 3-month
period to which the report relates, or the date on
which notification of approval or denial of the
application was sent to the applicant.
(3) With respect to an application which was referred to
other departments or agencies, the listing shall also include--
(A) the departments or agencies to which the
application was referred;
(B) the date or dates of such referral; and
(C) the date or dates on which recommendations were
received from those departments or agencies.
(4) With respect to an application referred to any other
department or agency which did not submit or has not submitted
its recommendations on the application within the period
permitted under subsection (e) of this section to submit such
recommendations, the listing shall also include--
(A) the office responsible for processing the
application and the position of the officer responsible
for the office; and
(B) the period of time that elapsed before the
recommendations were submitted or that has elapsed
since referral of the application, as the case may be.
(5) Each report shall also provide an introduction which
contains--
(A) summary of the number of applications described
in paragraph (1)(A) and (B) of this subsection, and the
value of the goods or technology involved in the
applications, grouped according to--
(i) the number of days which elapsed before
action on the applications was completed, or
which has elapsed without action on the
applications being completed, as follows: 61 to
75 days, 76 to 90 days, 91 to 105 days, 106 to
120 days, and more than 120 days; and
(ii) the number of days which elapsed before
action on the applications was completed, or
which has elapsed without action on the
applications being completed, beyond the period
permitted under subsection (c), (f)(1), or (h)
of this section for the processing of
applications, as follows: not more than 15
days, 16 to 30 days, 31 to 45 days, 46 to 60
days, and more than 60 days; and
(B) a summary by country of destination of the number
of applications described in paragraph (1)(A) and (B)
of this subsection, and the value of the goods or
technology involved in applications, on which action
was not completed within 60 days.
(o) Exports to Members of Coordinating Committee.--(1)
Fifteen working days after the date of formal filing with the
Secretary of an individual validated license application for
the export of goods or technology to a country that maintains
export controls on such goods or technology pursuant to the
agreement of the governments participating in the group known
as the coordinating Committee, a license for the transaction
specified in the application shall become valid and effective
and the goods or technology are authorized for export pursuant
to such license unless--
(A) the application has been otherwise approved by
the Secretary, in which case it shall be valid and
effective according to the terms of the approval;
(B) the application has been denied by the Secretary
pursuant to this section and the applicant has been so
informed, or the applicant has been informed, pursuant
to subsection (f)(3) of this section, that the
application should be denied; or
(C) the Secretary requires additional time to
consider the application and the applicant has been so
informed.
(2) In the event that the Secretary notifies an applicant
pursuant to paragraph (1)(C) that the Secretary notifies an
applicant pursuant to paragraph (1)(C) that more time is
required to consider an individual validated license
application, a license for the transaction specified in the
application shall become valid and effective and the goods or
technology are authorized for export pursuant to such license
30 working days after the date that such license application
was formally filed with the Secretary unless--
(A) the application has been otherwise approved by
the Secretary, in which case it shall be valid and
effective according to the terms of the approval; or
(B) the application has been denied by the Secretary
pursuant to this section and the applicant has been so
informed, or the applicant has been informed, pursuant
to subsection (f)(3) of this section, that the
application should be denied.
(3) In reviewing an individual license application subject
to this subsection, the Secretary shall evaluate the
information set forth in the application and the reliability of
the end-user.
(4) Nothing in this subsection shall affect the scope or
availability of licenses authorizing multiple exports set forth
in section 4(a)(2) of this Act.
(5) The provisions of this subsection shall take effect 4
months after the date of the enactment of the Export
Administration Amendments Act of 1985.
violations
Sec. 11.\57\ (a) In General.--Except as provided in
subsection (b) of this section, whoever knowingly violates or
conspires to or attempts to violate any provision of this Act
or any regulation, order, or license issued thereunder shall be
fined not more than five times the value of the exports
involved or $50,000, whichever is greater, or imprisoned not
more than 5 years, or both.
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\57\ 50 U.S.C. app. 2410.
---------------------------------------------------------------------------
(b) Willful Violations.--(1) Whoever willfully violates or
conspires to or attempts to violate any provision of this Act
or any regulation, order, or license issued thereunder, with
knowledge that the exports involved will be used for the
benefit of, or that the destination or intended destination of
the goods or technology involved is, any controlled country or
any country to which exports are controlled for foreign policy
purposes--
(A) except in the case of an individual, shall be
fined not more than five times the value of the exports
involved or $1,000,000, whichever is greater; and
(B) in the case of an individual, shall be fined not
more than $250,000, or imprisoned not more than 10
years, or both.
(2) Any person who is issued a validated license under this
Act for the export of any good or technology to a controlled
country and who, with knowledge that such a good or technology
is being used by such controlled country for military or
intelligence gathering purposes contrary to the conditions
under which the license was issued, willfully fails to report
such use of the Secretary of Defense--
(A) except in the case of an individual, shall be
fined not more than five times the value of the exports
involved or $1,000,000, whichever is greater; and
(B) in the case of an individual, shall be fined not
more than $250,000, or imprisoned not more than 5
years, or both.
(3) Any person who possesses any goods or technology--
(A) with the intent to export such goods or
technology in violation of an export control imposed
under section 5 or 6 of this Act or any regulation,
order, or license issued with respect to such control,
or
(B) knowing or having reason to believe that the
goods or technology would be so exported,
shall, in the case of a violation of an export control imposed
under section 5 (or any regulation, order, or license issued
with respect to such control), be subject to the penalties set
forth in paragraph (1) of this subsection and shall, in the
case of a violation of an export control imposed under section
6 (or any regulation, order, or license issued with respect to
such control), be subject to the penalties set forth in
subsection (a).
(4) Any person who takes any action with the intent to
evade the provisions of this act or any regulation, order, or
license issued under this Act shall be subject to the penalties
set forth in subsection (a), except that in the case of an
evasion of an export control imposed under section 5 or 6 of
this act (or any regulation, order, or license issued with
respect to such control), such person shall be subject to the
penalties set forth in paragraph (1) of this subsection.
(5) Nothing in this subsection or subsection (a) shall
limit the power of the Secretary to define by regulations
violations under this Act.
(c) Civil Penalties; Administrative Sanctions.--(1) The
Secretary (and officers and employees of the Department of
Commerce specifically designated by the Secretary) may impose a
civil penalty not to exceed $10,000 for each violation of this
Act or any regulation, order, or license issued under this act,
either in addition to or in lieu of any other liability or
penalty which may be imposed, except that the civil penalty for
each such violation involving national security controls
imposed under section 5 of this Act or controls imposed on the
export of defense articles and defense services under section
38 of the Arms Export Control Act may not exceed $100,000.
(2)(A) The authority under this Act to suspend or revoke
the authority of any United States person to export goods or
technology may be used with respect to any violation of the
regulations issued pursuant to section 8(a) of this Act.
(B) Any administrative sanction (including any civil
penalty or any suspension or revocation of authority to export)
imposed under this Act for a violation of the regulations
issued pursuant to section 8(a) of this Act may be imposed only
after notice and opportunity for an agency hearing on the
record in accordance with sections 554 through 557 of title 5,
United States Code.
(C) Any charging letter or other document initiating
administrative proceedings for the imposition of sanctions for
violations of the regulations issued pursuant to section 8(a)
of this Act shall be made available for public inspection and
copying.
(3) An exception may not be made to any order issued under
this Act which revokes the authority of a United States person
to export goods or technology unless the Committee on Foreign
Affairs \55\ of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate are first
consulted concerning the exception.
(4) The President may by regulation provide standards for
establishing levels of civil penalty provided in this
subsection based upon the seriousness of the violation, the
culpability of the violator, and the violator's record of
cooperation with the Government in disclosing the violation.
(d) Payment of Penalties.--The payment of any penalty
imposed pursuant to subsection (c) may be made a condition, for
a period not exceeding one year after the imposition of such
penalty, to the granting, restoration, or continuing validity
of any export license, permission, or privilege granted or to
be granted to the person upon whom such penalty is imposed. In
addition, the payment of any penalty imposed under subsection
(c) may be deferred or suspended in whole or in part for a
period of time no longer than any probation period (which may
exceed one year) that may be imposed upon such person. Such a
deferral or suspension shall not operate as a bar to the
collection of the penalty in the event that the conditions of
the suspension, deferral, or probation are not fulfilled.
(e) Refunds.--Any amount paid in satisfaction of any
penalty imposed pursuant to subsection (c), or any amounts
realized from the forfeiture of any property interest or
proceeds pursuant to subsection (g), shall be covered into the
Treasury as a miscellaneous receipt. The head of the department
or agency concerned may, in his discretion, refund any such
penalty imposed pursuant to subsection (c), within 2 years
after payment, on the ground of a material error of fact or law
in the imposition of the penalty. Notwithstanding section
1346(a) of title 28, United States Code, no action for the
refund of any such penalty may be maintained in any court.
(f) Actions for Recovery of Penalties.--In the event of the
failure of any person to pay a penalty imposed pursuant to
subsection (c) a civil action for the recovery thereof may, in
the discretion of the head of the department or agency
concerned, be brought in the name of the United States. In any
such action the court shall determine de novo all issues
necessary to the establishment of liability. Except as provided
in this subsection and in subsection (d), no such liability
shall be asserted, claimed, or recovered upon by the United
States in any way unless it has previously been reduced to
judgment.
(g) Forfeiture of Property Interest and Proceeds.--(1) Any
person who is convicted under subsection (a) or (b) of a
violation of an export control imposed under section 5 of this
Act (or any regulation, order, or license issued with respect
to such control) shall, in addition to any other penalty,
forfeit to the United States--
(A) any of that person's interest in, security of,
claim against, or property or contractual rights of any
kind in the goods or tangible items that were the
subject of the violation;
(B) any of that person's interest in, security of,
claim against, or property or contractual rights of any
kind in tangible property that was used in the export
or attempt to export that was the subject of the
violation; and
(C) any of that person's property constituting, or
derived from, any proceeds obtained directly or
indirectly as a result of the violation.
(2) The procedures in any forfeiture under this subsection,
and the duties and authority of the courts of the United States
and the Attorney General with respect to any forfeiture action
under this subsection or with respect to any property that may
be subject to forfeiture under this subsection, shall be
governed by the provisions of section 1963 of title 18, United
States Code.
(h) Prior Convictions.--(1) \58\ No person convicted of a
violation of this Act (or any regulation, license, or order
issued under this Act), any regulation, license, or order
issued under the International Emergency Economic Powers
Act,\58\ section 793, 794, or 798 of title 18, United States
Code, section 4(b) on the Internal Security Act of 1950 (50
U.S.C. 783(b)), or section 38 of the Arms Export Control Act
(22 U.S.C. 2778) shall be eligible, at the discretion of the
Secretary, to apply for or use any export license under this
Act for a period of up to 10 years from the date of the
conviction. The Secretary may revoke any export license under
this Act in which such person has an interest at the time of
the conviction.
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\58\ Sec. 2426 of Public Law 100-418 (102 Stat. 1361) inserted
``(1)'', inserted ``this Act (or any regulation, license, or order
issued under this Act), any regulation, license, or order issued under
the International Emergency Economic Powers Act,'', and added para.
(2).
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(2) \58\ The Secretary may exercise the authority under
paragraph (1) with respect to any person related, through
affiliation, ownership, control, or position of responsibility,
to any person convicted of any violation of law set forth in
paragraph (1), upon a showing of such relationship with the
convicted party, and subject to the procedures set forth in
section 13(c) of this Act.
(i) Other Authorities.--Nothing in subsection (c), (d),
(f), (g), or (h) limits--
(1) the availability of other administrative or
judicial remedies with respect to violations of this
Act, or any regulation, order, or license issued under
this Act;
(2) the authority to compromise and settle,
administrative proceedings brought with respect to
violations of this Act, or any regulation, order, or
license issued under this Act; or
(3) the authority to compromise, remit or mitigate
seizures and forfeitures pursuant to section 1(b) of
title VI of the Act of June 15, 1917 (22 U.S.C.
401(b)).
multilateral export control violations
Sec. 11A.\59\ (a) Determination by the President.--The
President, subject to subsection (c), shall apply sanctions
under subsection (b) for a period of not less than 2 years and
not more than 5 years, if the President determines that--
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\59\ 50 U.S.C. app. 2410a. Sec. 2444 of Public Law 100-418 (102
Stat. 1366) added sec. 11A.
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(1) a foreign person has violated any regulation
issued by a country to control exports for national
security purposes pursuant to the agreement of the
group known as the Coordinating Committee, and
(2) such violation has resulted in substantial
enhancement of Soviet and East bloc capabilities in
submarine or antisubmarine warfare, ballistic or
antiballistic missile technology, strategic aircraft,
command, control, communications and intelligence, or
other critical technologies as determined by the
President, on the advice of the National Security
Council, to represent a serious adverse impact on the
strategic balance of forces.
The President shall notify the Congress of each action taken
under this section. This section, except subsections (h) and
(j), applies only to violations that occur after the date of
the enactment of the Export Enhancement Act of 1988.
(b) Sanctions.--The sanctions referred to in subsection (a)
shall apply to the foreign person committing the violation, as
well as to any parent, affiliate, subsidiary, and successor
entity of the foreign person, and, except as provided in
subsection (c), are as follows:
(1) a prohibition on contracting with, and
procurement of products and services from, a sanctioned
person, by any department, agency, or instrumentality
of the United States Government, and
(2) a prohibition on importation into the United
States of all products produced by a sanctioned person.
(c) Exceptions.--The President shall not apply sanctions
under this section--
(1) in the case of procurement of defense articles or
defense services--
(A) under existing contracts or subcontracts,
including the exercise of options for
production quantities to satisfy United States
operational military requirements;
(B) if the President determines that the
foreign person or other entity to which the
sanctions would otherwise be applied is a sole
source supplier of essential defense articles
or services and no alternative supplier can be
identified; or
(C) if the President determines that such
articles or services are essential to the
national security under defense coproduction
agreements; or
(2) to--
(A) products or services provided under
contracts or other binding agreements (as such
terms are defined by the President in
regulations) entered into before the date on
which the President notifies the Congress of
the intention to impose the sanctions;
(B) spare parts;
(C) component parts, but not finished
products, essential to United States products
or production;
(D) routine servicing and maintenance of
products; or
(E) information and technology.
(d) Exclusion.--The President shall not apply sanctions under
this section to a parent, affiliate, subsidiary, and successor
entity of a foreign person if the President determines that--
(1) the parent, affiliate, subsidiary, or successor
entity (as the case may be) has not knowingly violated
the export control regulation violated by the foreign
person, and
(2) the government of the country with jurisdiction
over the parent, affiliate, subsidiary, or successor
entity had in effect, at the time of the violation by
the foreign person, an effective export control system
consistent with principles agreed to in the
Coordinating Committee, including the following:
(A) national laws providing appropriate civil
and criminal penalties and statutes of
limitations sufficient to deter potential
violations;
(B) a program to evaluate export license
applications that includes sufficient technical
expertise to assess the licensing status of
exports and ensure the reliability of end-
users;
(C) an enforcement mechanism that provides
authority for trained enforcement officers to
investigate and prevent illegal exports;
(D) a system of export control documentation
to verify the movement of goods and technology;
and
(E) procedures for the coordination and
exchange of information concerning violations
of the agreement of the Coordinating Committee.
(e) Definitions.--For purposes of this section--
(1) the term ``component part'' means any article
which is not usable for its intended functions without
being imbedded in or integrated into any other product
and which, if used in production of a finished product,
would be substantially transformed in that process;
(2) the term ``finished product'' means any article
which is usable for its intended functions without
being imbedded or integrated into any other product,
but in no case shall such term be deemed to include an
article produced by a person other than a sanctioned
person that contains parts or components of the
sanctioned person if the parts or components have been
substantially transformed during production of the
finished product; and
(3) the term ``sanctioned person'' means a foreign
person, and any parent, affiliate, subsidiary, or
successor entity of the foreign person, upon whom
sanctions have been imposed under this section.
(f) Subsequent Modifications of Sanctions.--The President
may, after consultation with the Congress, limit the scope of
sanctions applied to a parent, affiliate, subsidiary, or
successor entity of the foreign person determined to have
committed the violation on account of which the sanctions were
imposed if the President determines that--
(1) the parent, affiliate, subsidiary, or successor
entity (as the case may be) has not, on the basis of
available evidence, itself violated the export control
regulation involved, either directly or through a
course of conduct;
(2) the government with jurisdiction over the parent,
affiliate, subsidiary, or successor entity has improved
its export control system as measured by the criteria
set forth in subsection (d)(2);
(3) the parent, affiliate, subsidiary, or successor
entity, has instituted improvements in internal
controls sufficient to detect and prevent violations of
the export control regime implemented under paragraph
(2); and
(4) the impact of the sanctions imposed on the
parent, affiliate, subsidiary, or successor entity is
proportionate to the increased defense expenditures
imposed on the United States.
Notwithstanding the preceding sentence, the President may not
limit the scope of the sanction referred to in subsection
(b)(1) with respect to the parent of the foreign person
determined to have committed the violation, until that sanction
has been in effect for at least 2 years.
(g) Reports to Congress.--The President shall include in the
annual report submitted under section 14, a report on the
status of any sanctions imposed under this section, including
any exceptions, exclusions, or modifications of sanctions that
have been applied under subsection (c), (d), or (f).
(h) Discretionary Imposition of Sanctions.--If the President
determines that a foreign person has violated a regulation
issued by a country to control exports for national security
purposes pursuant to the agreement of the group known as the
Coordinating Committee, but in a case in which subsection
(a)(2) may not apply, the President may apply the sanctions
referred to in subsection (b) against that foreign person for a
period of not more than 5 years.
(i) Compensation for Diversion of Militarily Critical
Technologies to Controlled Countries.--(1) In cases in which
sanctions have been applied against a foreign person under
subsection (a), the President shall initiate discussions with
the foreign person and the government with jurisdiction over
that foreign person regarding compensation on the part of the
foreign person in an amount proportionate to the costs of
research and development and procurement of new defensive
systems by the United States and the allies of the United
States to counteract the effect of the technological advance
achieved by the Soviet Union as a result of the violation by
that foreign person.
(2) The President shall, at the time that discussions are
initiated under paragraph (1), report to the Congress that such
discussions are being undertaken, and shall report to the
Congress the outcome of those discussions.
(j) Other Actions by the President.--Upon making a
determination under subsection (a) or (h), the President
shall--
(1) initiate consultations with the foreign
government with jurisdiction over the foreign person
who committed the violation involved, in order to seek
prompt remedial action by that government;
(2) initiate discussions with the governments
participating in the Coordinating Committee regarding
the violation and means to ensure that similar
violations do not occur; and
(3) consult with and report to the Congress on the
nature of the violation and the actions the President
proposes to take, or has taken, to rectify the
situation.
(k) Damages for Certain Violations.--(1) In any case in which
the President makes a determination under subsection (a), the
Secretary of Defense shall determine the costs of restoring the
military preparedness of the United States on account of the
violation involved. The Secretary of Defense shall notify the
Attorney General of his determination, and the Attorney General
may bring an action for damages, in any appropriate district
court of the United States, to recover such costs against the
person who committed the violation, any person that is owned or
controlled by the person who committed the violation, and any
person who owns and controls the person who committed the
violation.
(3) \60\ The total amount awarded in any case brought under
paragraph (2) shall be determined by the court in light of the
facts and circumstances, but shall not exceed the amount of the
net loss to the national security of the United States. An
action under this subsection shall be commenced not later than
3 years after the violation occurs, or one year after the
violation is discovered, whichever is later.
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\60\ As enrolled; should probably read ``(2)''.
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(l) Definition.--For purposes of this section, the term
``foreign person'' means any person other than a United States
person.
missile proliferation control violations
Sec. 11B.\61\ (a) Violations by United States Persons.--
---------------------------------------------------------------------------
\61\ 50 U.S.C. app. 2410b. Sec. 1702(b) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1741) added sec. 11B. In a memorandum of June 15, 1993 (58 F.R. 33182),
the President delegated authorities and duties outlined in sec. 11B to
the Secretary of Commerce, with the following exceptions:
---------------------------------------------------------------------------
--sec. 11B(b)(1)(A) (insofar as such section authorizes determinations
with respect to violations by U.S. persons of the AECA), sec. 11B(b)(1)
(insofar as such section authorizes determinations regarding activities by
foreign persons, and sec. 11B(b)(5)--delegated to Secretary of State;
--sec. 11B(a)(3), 11B(b)(6), 11B(b)(7)(A) (findings)--Secretary of
Defense;
--sec. 11B(b)(6) (waivers)--Secretary of State shall transmit to
Congress, with notification to Secretary of the Treasury;
--sec. 11B(b)(1) (pursuant to determination made by Secretary of State to
prohibit certain imports), and sec. 11B(b)(7) (exceptions)--Secretary of
the Treasury.
(1) \62\ Sanctions.--(A) If the President determines
that a United States person knowingly--
---------------------------------------------------------------------------
\62\ See Presidential Memorandum of June 25, 1991 (56 F.R. 31041;
July 8, 1991), delegating authority regarding missile technology
proliferation.
---------------------------------------------------------------------------
(i) exports, transfers, or otherwise engages
in the trade of any item on the MTCR Annex, in
violation of the provisions of section 38 (22
U.S.C. 2778) or chapter 7 of the Arms Export
Control Act,\63\ section 5 or 6 of this Act, or
any regulations or orders issued under any such
provisions,
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\63\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-A.
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(ii) conspires to or attempts to engage in
such export, transfer, or trade, or
(iii) facilitates such export, transfer, or
trade by any other person,
then the President shall impose the applicable
sanctions described in subparagraph (B).
(B) The sanctions which apply to a United States
person under subparagraph (A) are the following:
(i) If the item on the MTCR Annex involved in
the export, transfer, or trade is missile
equipment or technology within category II of
the MTCR Annex, then the President shall deny
to such United States person, for a period of 2
years, licenses for the transfer of missile
equipment or technology controlled under this
Act.
(ii) If the item on the MTCR Annex is
involved in the export, transfer, or trade is
missile equipment or technology within category
I of the MTCR Annex, then the President shall
deny to such United States person, for a period
of not less than 2 years, all licenses for
items the export of which is controlled under
this Act.
(2) Discretionary sanctions.--In the case of any
determination referred to in paragraph (1), the
Secretary may pursue any other appropriate penalties
under section 11 of this Act.
(3) Waiver.--The President may waive the imposition
of sanctions under paragraph (1) on a person with
respect to a product or service if the President
certifies to the Congress that--
(A) the product or service is essential to
the national security of the United States; and
(B) such person is sole source supplier of
the product or service, the product or service
is not available from any alternative reliable
supplier, and the need for the product or
service cannot be met in a timely manner by
improved manufacturing processes or
technological developments.
(b) Transfers of Missile Equipment or Technology by Foreign
Persons.--
(1) \64\ Sanctions.--(A) Subject to paragraph (3)
through (7), if the President determines that a foreign
person, after the date of the enactment of this
section, knowingly--
---------------------------------------------------------------------------
\64\ Public Notice 3513 (November 17, 2000; 65 F.R. 79441) imposed
sanctions pursuant to this paragraph on the Shahid Hemmat Industrial
Group (SHIG) (Iran) and the SANAM Industrial Group (Iran).
Subsequently, other sanctions were imposed pursuant to this paragraph
on the National Development Complex (Pakistan) and the China
Metallurgical Equipment Corporation (China) by Public Notice 3774
(September 1, 2001; 66 F.R. 47256); on the Changgwang Sinyong
Corporation (North Korea) by Public Notice 4106 (August 16, 2002; 67
F.R. 54693), Public Notice 4326 (March 24, 2003; 63 F.R. 16113) and
Public Notice 4418 (July 25, 2003; 68 F.R. 44136); on Mickhail
Pavlovich Vladov (Moldovan person), Cuanta S.A. (Moldova) and Computer
and Communicatii SRL (Moldova) by Public Notice 4374 (May 9, 2003; 68
F.R. 31740); on the China North Industries Corporation (China) by
Public Notice 4493 (September 19, 2003; 68 F.R. 54930); on Blagoja
Samakoski (Macedonian national) and Mikrosam (Macedonia) by Public
Notice 4574 (December 24, 2003; 68 F.R. 74692); and on the Federal
Research and Production Complex Altay (Russia) by Public Notice 4771
(July 22, 2004; 69 F.R. 43875).
---------------------------------------------------------------------------
(i) exports, transfers, or otherwise engages
in the trade of any MTCR equipment or
technology that contributes to the design,
development, or production of missiles in a
country that is not an MTCR adherent and would
be, if it were United States-origin equipment
or technology, subject to the jurisdiction of
the United States under this Act.
(ii) conspires to or attempts to engage in
such export, transfer, or trade, or
(iii) facilitates such export, transfer, or
trade by any other person,
or if the President has made a determination with
respect to a foreign person, under section 73(a) of the
Arms Export Control Act,\63\ then the President shall
impose on that foreign person the applicable sanctions
under subparagraph (B).
(B) The sanctions which apply to a foreign person
under subparagraph (A) are the following:
(i) If the item involved in the export,
transfer, or trade is within category II of the
MTCR Annex, then the President shall deny, for
a period of 2 years, licenses for the transfer
to such foreign person of missile equipment or
technology the export of which is controlled
under this Act.
(ii) If the item involved in the export,
transfer, or trade is within category I of the
MTCR Annex, then the President shall deny, for
a period of not less than 2 years, licenses for
the transfer to such foreign person of items
the export of which is controlled under this
Act.
(iii) If, in addition to actions taken under
clauses (i) and (ii), the President determines
that the export, transfer, or trade has
substantially contributed to the design,
development, or production of missiles in a
country that is not an MTCR adherent, then the
President shall prohibit, for a period of not
less than 2 years, the importation into the
United States of products produced by that
foreign person.
(2) Inapplicability with respect to mtcr adherents.--
Paragraph (1) does not apply with respect to--
(A) any export, transfer, or trading activity
that is authorized by the laws of an MTCR
adherent, if such authorization is not obtained
by misrepresentation or fraud; or
(B) any export, transfer, or trade of an item
to an end user in a country that is an MTCR
adherent.
(3) Effect of enforcement actions by mtcr
adherents.--Sanctions set forth in paragraph (1) may
not be imposed under this subsection on a person with
respect to acts described in such paragraph or, if such
sanctions are in effect against a person on account of
such acts, such sanctions shall be terminated, if an
MTCR adherent is taking judicial or other enforcement
action against that person with respect to such acts,
or that person has been found by the government of an
MTCR adherent to be innocent of wrongdoing with respect
to such acts.
(4) Advisory opinions.--The Secretary, in
consultation with the Secretary of State and the
Secretary of Defense, may, upon the request of any
person, issue an advisory opinion to that person as to
whether a proposed activity by that person would
subject that person to sanctions under this subsection.
Any person who relies in good faith on such an advisory
opinion which states that the proposed activity would
not subject a person to such sanctions, and any person
who thereafter engages in such activity, may not be
made subject to such sanctions on account of such
activity.
(5) Waiver and report to congress.--(A) In any case
other than one in which an advisory opinion has been
issued under paragraph (4) stating that a proposed
activity would not subject a person to sanctions under
this subsection, the President may waive the
application of paragraph (1) to a foreign person if the
President determines that such waiver is essential to
the national security of the United States.
(B) In the event that the President decides to apply
the waiver described in subparagraph (A), the President
shall so notify the Congress not less than 20 working
days before issuing the waiver. Such notification shall
include a report fully articulating the rationale and
circumstances which led the President to apply the
waiver.
(6) Additional waiver.--The President may waive the
imposition of sanctions under paragraph (1) on a person
with respect to a product or service if the President
certifies to the Congress that--
(A) the product or service is essential to
the national security of the United States; and
(B) such person is a sole source supplier of
the product or service, the product or service
is not available from any alternative reliable
supplier, and the need for the product or
service cannot be met in a timely manner by
improved manufacturing processes or
technological developments.
(7) Exceptions.--The President shall not apply the
sanction under this subsection prohibiting the
importation of the products of a foreign person--
(A) in the case of procurement of defense
articles or defense services--
(i) under existing contracts or
subcontracts, including the exercise of
options for production quantities to
satisfy requirements essential to the
national security of the United States;
(ii) if the President determines that
the person to which the sanctions would
be applied is a sole source supplier of
the defense articles and services, that
the defense articles or services are
essential to the national security of
the United States, and that alternative
sources are not readily or reasonably
available; or
(iii) if the President determines
that such articles or services are
essential to the national security of
the United States under defense
coproduction agreements or NATO
Programs of Cooperation;
(B) to products or services provided under
contracts entered into before the date on which
the President publishes his intention to impose
the sanctions; or
(C) to--
(i) spare parts,
(ii) component parts, but not
finished products, essential to United
States products or production,
(iii) routine services and
maintenance of products, to the extent
that alternative sources are not
readily or reasonably available, or
(iv) information and technology
essential to United States products or
production.
(c) Definitions.--For purposes of this section and
subsections (k) and (l) of section 6--
(1) the term ``missile'' means a category I system as
defined in the MTCR Annex, and any other unmanned
delivery system of similar capability, as well as the
specially designed production facilities for these
systems;
(2) the term ``Missile Technology Control Regime'' or
``MTCR'' means the policy statement, between the United
States, the United Kingdom, the Federal Republic of
Germany, France, Italy, Canada, and Japan, announced on
April 16, 19887, to restrict sensitive missile-relevant
transfers based on the MTCR Annex, and any amendments
thereto;
(3) the term ``MTCR adherent'' means a country that
participates in the MTCR or that, pursuant to an
international understanding to which the United States
is a party, controls MTCR equipment or technology in
accordance with the criteria and standards set forth in
the MTCR;
(4) the term ``MTCR Annex'' means the Guidelines and
Equipment and Technology Annex of the MTCR, and any
amendments thereto;
(5) the terms ``missile equipment or technology'' and
``MTCR equipment or technology'' means those items
listed in category I or category II of the MTCR Annex;
(6) the term ``foreign person'' means any person
other than a United States person;
(7)(A) the term ``person'' means a natural person as
well as a corporation, business association,
partnership, society, trust, any other nongovernmental
entity, organization, or group, and any governmental
entity operating as a business enterprise, and any
successor of any such entity; and
(B) in the case of countries where it may be
impossible to identify a specific governmental entity
referred to in subparagraph (A), the term ``person''
means--
(i) all activities of that government
relating to the development or production of
any missile equipment or technology; and
(ii) all activities of that government
affecting the development or production of
aircraft, electronics, and space systems or
equipment; and
(8) the term ``otherwise engaged in the trade of''
means, with respect to a particular export or transfer,
to be a freight forwarder or designated exporting
agent, or a consignee or end user of the item to be
exported or transferred.
chemical and biological weapons proliferation sanctions
Sec. 11C.\65\ (a) \66\ Imposition of Sanctions.--
---------------------------------------------------------------------------
\65\ 50 U.S.C. app. 2410c. Sec. 505(a) of the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991 (title V
of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993;
Public Law 102-138; 105 Stat. 724) added sec. 11C. Subsequently, sec.
309(a) of Public Law 102-182 (105 Stat. 1258) repealed title V of the
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, and
all the amendments therein, including this new sec. 11C.
However, sec. 305(a) of Public Law 102-182 (105 Stat. 1247) amended
this Act by inserting a new sec. 11C at this point.
Executive Order 12851 of June 11, 1993 (58 F.R. 33181) delegated
the authority in sec. 11C to the Secretary of State with the following
exceptions:
---------------------------------------------------------------------------
--sec. 11C(c)(1)(A), pursuant to a determination made by the Secretary of
State under sec. 81(a)(1) of the AECA or sec. 11C(a)(1) of this Act, as
well as the authority and duties provided for in sec. 81(c)(2) of the AECA
and sec. 11C(c)(2) of this Act--Secretary of Defense;
--sec. 11C(c)(1)(B), pursuant to a determination made by the Secretary of
State under sec. 81(a)(1) of the AECA, or sec. 11C(a)(1) of this Act, and
the obligation to implement the exceptions provided for in sec. 81(c)(2) of
the AECA or sec. 11C(c)(2) of this Act, insofar as the exceptions affect
imports of goods into the United States--Secretary of the Treasury.
---------------------------------------------------------------------------
\66\ Sanctions pursuant to sec. 11C, announced in Public Notice
4071 (July 9, 2002; 67 F.R. 48696), were placed on the following
companies and individuals, their successors, parents, or subsidiaries:
Jiangsu Yongli Chemicals and Technology Import and Export Corporation
(China), Q.C. Chen (China), China Machinery and Equipment Import Export
Corporation (China), CMEC Machinery and Electric Equipment Import
Export Company Ltd. (China), CMEC Machinery and Electrical Import
Export Company, Ltd. (China), China Machinery and Electric Equipment
Import and Export Company (China), Wha Cheong Tai Company Ltd. (China),
China Shipbuilding Trading Company (China), and Hans Raj Shiv
(previously residing in India, and last believed to be in the Middle
East).
Sanctions pursuant to sec. 11C, announced in Public Notice 4280
(February 4, 2003; 68 F.R. 8068) were also placed on the following
companies and individuals, their successors, parents, or subsidiaries:
NEC Engineers Private, Ltd. (company originally based in India, but now
also operating in the Middle East and Eurasia), Hans Raj Shiv
(previously residing in India, and believed to be in the Middle East).
Sanctions pursuant to sec. 11C, announced in Public Notice 4435
(August 7, 2003; 67 F.R. 48696), were also placed on the following
companies and individuals, their successors, parents, or subsidiaries:
Mohammed al-Khatib (Jordan).
---------------------------------------------------------------------------
(1) Determination by the president.--Except as
provided in subsection (b)(2), the President shall
impose both of the sanctions described in subsection
(c) if the President determines that a foreign person,
on or after the date of the enactment of this
section,\67\ has knowingly and materially contributed--
---------------------------------------------------------------------------
\67\ Sec. 309(b)(1) of Public Law 102-182 (105 Stat. 1258) deemed
this date of enactment to be the date of enactment of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law
102-138), October 28, 1991.
---------------------------------------------------------------------------
(A) through the export from the United States
of any goods or technology that are subject to
the jurisdiction of the United States under
this Act, or
(B) through the export from any other country
of any goods or technology that would be, if
they were United States goods or technology,
subject to the jurisdiction of the United
States under this Act, to the efforts by any
foreign country, project, or entity described
in paragraph (2) to use, develop, produce,
stockpile, or otherwise acquire chemical or
biological weapons.
(2) Countries, projects, or entities receiving
assistance.--Paragraph (1) applies in the case of--
(A) any foreign country that the President
determines has, at any time after January 1,
1980--
(i) used chemical or biological
weapons in violation of international
law;
(ii) used lethal chemical or
biological weapons against its own
nationals; or
(iii) made substantial preparations
to engage in the activities described
in clause (i) or (ii);
(B) any foreign country whose government is
determined for purposes of section 6(j) of this
Act to be a government that has repeatedly
provided support for acts of international
terrorism; or
(C) any other foreign country, project, or
entity designated by the President for purposes
of this section.
(3) Persons against which sanctions are to be
imposed.--Sanctions shall be imposed pursuant to
paragraph (1) on--
(A) the foreign person with respect to which
the President makes the determination described
in that paragraph;
(B) any successor entity to that foreign
person;
(C) any foreign person that is a parent or
subsidiary of that foreign person if that
parent or subsidiary knowingly assisted in the
activities which were the basis of that
determination; and
(D) any foreign person that is an affiliate
of that foreign person if that affiliate
knowingly assisted in the activities which were
the basis of that determination and if that
affiliate is controlled in fact by that foreign
person.
(b) Consultations With and Actions by Foreign Government of
Jurisdiction.--
(1) Consultations.--If the President makes the
determinations described in subsection (a)(1) with
respect to a foreign person, the Congress urges the
President to initiate consultations immediately with
the government with primary jurisdiction over that
foreign person with respect to the imposition of
sanctions pursuant to this section.
(2) Actions by government of jurisdiction.--In order
to pursue such consultations with that government, the
President may delay imposition of sanctions pursuant to
this section for a period of up to 90 days. Following
these consultations, the President shall impose
sanctions unless the President determines and certifies
to the Congress that that government has taken specific
and effective actions, including appropriate penalties,
to terminate the involvement of the foreign person in
the activities described in subsection (a)(1). The
President may delay imposition of sanctions for an
additional period of up to 90 days if the President
determines and certifies to the Congress that that
government is in the process of taking the actions
described in the preceding sentence.
(3) Report to congress.--The President shall report
to the Congress, not later than 90 days after making a
determination under subsection (a)(1), on the status of
consultations with the appropriate government under
this subsection, and the basis for any determination
under paragraph (2) of this subsection that such
government has taken specific corrective actions.
(c) Sanctions.--
(1) Description of sanctions.--The sanctions to be
imposed pursuant to subsection (a)(1) are, except as
provided in paragraph (2) of this subsection, the
following:
(A) Procurement sanction.--The United States
Government shall not procure, or enter into any
contract for the procurement of, any goods or
services from any person described in
subsection (a)(3).
(B) Import sanctions.--The importation into
the United States of products produced by any
person described in subsection (a)(3) shall be
prohibited.
(2) Exceptions.--The President shall not be required
to apply or maintain sanctions under this section--
(A) in the case of procurement of defense
articles or defense services--
(i) under existing contracts or
subcontracts, including the exercise of
options for production quantities to
satisfy United States operational
military requirements;
(ii) if the President determines that
the person or other entity to which the
sanctions would otherwise be applied is
a sole source supplier of the defense
articles or services, that the defense
articles or services are essential, and
that alternative sources are not
readily or reasonably available; or
(iii) if the President determines
that such articles or services are
essential to the national security
under defense coproduction agreements;
(B) to products or services provided under
contracts entered into before the date on which
the President publishes his intention to impose
sanctions;
(C) to--
(i) spare parts,
(ii) component parts, but not
finished products, essential to United
States products or production, or
(iii) routine servicing and
maintenance of products, to the extent
that alternative sources are not
readily or reasonably available;
(D) to information and technology essential
to United States products or production; or
(E) to medical or other humanitarian items.
(d) Termination of Sanctions.--The sanctions imposed
pursuant to this section shall apply for a period of at least
12 months following the imposition of sanctions and shall cease
to apply thereafter only if the President determines and
certifies to the Congress that reliable information indicates
that the foreign person with respect to which the determination
was made under subsection (a)(1) has ceased to aid or abet any
foreign government, project, or entity in its efforts to
acquire chemical or biological weapons capability as described
in that subsection.
(e) Waiver.--
(1) Criterion for waiver.--The President may waive
the application of any sanction imposed on any person
pursuant to this section, after the end of the 12-month
period beginning on the date on which that sanction was
imposed on that person, if the President determines and
certifies to the Congress that such waiver is important
to the national security interests of the United
States.
(2) Notification of and report to congress.--If the
President decides to exercise the waiver authority
provided in paragraph (1), the President shall so
notify the Congress not less than 20 days before the
waiver takes effect. Such notification shall include a
report fully articulating the rationale and
circumstances which led the President to exercise the
waiver authority.
(f) Definition of Foreign Person.--For the purposes of this
section, the term ``foreign person'' means--
(1) an individual who is not a citizen of the United
States or an alien admitted for permanent residence to
the United States; or
(2) a corporation, partnership, or other entity which
is created or organized under the laws of a foreign
country or which has its principal place of business
outside the United States.
enforcement
Sec. 12.\68\ (a) General Authority.--(1) To the extent
necessary or appropriate to the enforcement of this Act or to
the imposition of any penalty, forfeiture, or liability arising
under the Export Control Act of 1949 or the Export
Administration Act of 1969, the head of any department or
agency exercising any function thereunder (and officers or
employees of such department or agency specifically designated
by the head thereof) may make such investigations within the
United States, and the Commissioner of Customs (and officers or
employees of the United States Customs Service specifically
designated by the Commissioner) may make such investigations
outside of the United States, and the head of such department
of agency (and such officers or employees) may obtain such
information from, require such reports or the keeping of such
records by, make such inspection of the books, records, and
other writings, premises, or property of, and take the sworn
testimony of, any person. In addition, such officers or
employees may administer oaths or affirmations, and may by
subpoena require any person to appear and testify or to appear
and produce books, records, and other writings, or both, and in
the case of contumacy by, or refusal to obey a subpoena issued
to, any such person, a district court of the United States,
after notice to any such person and hearing, shall have
jurisdiction to issue an order requiring such person to appear
and give testimony or to appear and produce books, records, and
other writings, or both, and any failure to obey such order of
the court may be punished by such court as a contempt thereof.
In addition to the authority conferred by this paragraph, the
Secretary (and officers or employees of the Department of
Commerce designated by the Secretary) may conduct, outside the
United States, pre-license investigations and post-shipment
verifications of items licensed for export, and investigations
in the enforcement of section 8 of this Act.
---------------------------------------------------------------------------
\68\ 50 U.S.C. app. 2411.
---------------------------------------------------------------------------
(2)(A) Subject to subparagraph (B) of this paragraph, the
United States Customs Service is authorized, in the enforcement
of this Act, to search, detain (after search), and seize goods
or technology at those ports of entry or exit from the United
States where officers of the Customs Service are authorized by
law to conduct such searches, detentions, and seizures, and at
those places outside the United States where the Customs
Service, pursuant to agreements or other arrangements with
other countries, is authorized to perform enforcement
activities.
(B) An officer of the United States Customs Service may do
the following in carrying out enforcement authority under this
Act:
(i) Stop, search, and examine a vehicle, vessel,
aircraft, or person on which or whom such officer has
reasonable cause to suspect there are any goods or
technology that has been, is being, or is about to be
exported from the United States in violation of this
Act.
(ii) Search any package or container in which such
officer has reasonable cause to suspect there are any
goods or technology that has been, is being, or is
about to be exported from the United States in
violation of this Act.
(iii) Detain (after search) or seize and secure for
trial any goods or technology on or about such vehicle,
vessel, aircraft, or person, or in such package or
container, if such officer has probable cause to
believe the goods or technology has been, is being, or
is about to be exported from the United States in
violation of this Act.
(iv) Make arrests without warrant for any violation
of this Act committed in his or her presence or view or
if the officer has probable cause to believe that the
person to be arrested has committed or is committing
such a violation.
The arrest authority conferred by clause (iv) of this
subparagraph is in addition to any arrest authority under other
laws. The Customs Service may not detain for more than 20 days
any shipment of goods or technology eligible for export under a
general license under section 4(a)(3). In a case in which such
detention is on account of a disagreement between the Secretary
and the head of any other department or agency with export
license authority under other provisions of law concerning the
export license requirements for such goods or technology, such
disagreement shall be resolved within that 20-day period. At
the end of that 20-day period, the Customs Service shall either
release the goods or technology, or seize the goods or
technology as authorized by other provisions of law.\69\
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\69\ Sec. 2427 of Public Law 100-418 (102 Stat. 1361) added the
final two sentences of this paragraph.
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(3)(A) Subject to subparagraph (B) of this paragraph, the
Secretary shall have the responsibility for the enforcement of
section 8 of this Act and, in the enforcement of the other
provisions of this Act, the Secretary is authorized to search,
detain (after search), and seize goods or technology at those
places within the United States other than those ports
specified in paragraph (2)(A) of this subsection. The search,
detention (after search), or seizure of goods or technology at
those ports and places specified in paragraph (2)(A) may be
conducted by officers or employees of the Department of
Commerce designated by the Secretary with the concurrence of
the Commissioner of Customs or a person designated by the
Commissioner.
(B) The Secretary may designate any employee of the Office
of Export Enforcement of the Department of Commerce to do the
following in carrying out enforcement authority under this Act:
(i) Execute any warrant or other process issued by a
court or officer of competent jurisdiction with respect
to the enforcement of the provisions of this Act.
(ii) Make arrests without warrant for any violation
of this Act committed in his or her presence or view,
or if the officer or employee has probable cause to
believe that the person to be arrested has committed or
is committing such a violation.
(iii) Carry firearms in carrying out any activity
described in clause (i) or (ii).
(4) The authorities first conferred by the Export
Administration Amendments Act of 1985 under paragraph (3) shall
be exercised pursuant to guidelines approved by the Attorney
General. Such guidelines shall be issued not later than 120
days after the date of the enactment of the Export
Administration Amendments Act of 1985.
(5) All cases involving violations of this Act shall be
referred to the Secretary for purposes of determining civil
penalties and administrative sanctions under section 11(c) of
this Act, or to the Attorney General for criminal action in
accordance with this Act.
(6) Notwithstanding any other provision of law, the United
States Customs Service may expend in the enforcement of export
controls under this Act not more than $12,000,000 in the fiscal
year 1985 and not more than $14,000,000 in the fiscal year
1986.
(7) Not later than 90 days after the date of the enactment
of the Export Administration Amendments Act of 1985, the
Secretary, with the concurrence of the Secretary of the
Treasury, shall publish in the Federal Register procedures
setting forth, in accordance with this subsection, the
responsibilities of the Department of Commerce and the United
States Customs Service in the enforcement of this Act. In
addition, the Secretary, with the concurrence of the Secretary
of the Treasury, may publish procedures for the sharing of
information in accordance with subsection (c)(3) of this
section, and procedures for the submission to the appropriate
departments and agencies by private persons of information
relating to the enforcement of this Act.
(8) For purposes of this section, a reference to the
enforcement of this Act or to a violation of this Act includes
a reference to the enforcement or a violation of any
regulation, order, or license issued under this Act.
(b) Immunity.--No person shall be excused from complying
with any requirements under this section because of his
privilege against self-incrimination, but the immunity
provisions of section 6002 of title 18, United States Code,
shall apply with respect to any individual who specifically
claims such privilege.
(c) Confidentiality.--(1) Except as otherwise provided by
the third sentence of section 8(b)(2) and by section
11(c)(2)(C) of this Act, information obtained under this Act on
or before June 30, 1980, which is deemed confidential,
including Shippers' Export Declarations, or with reference to
which a request for confidential treatment is made by the
person furnishing such information, shall be exempt from
disclosure under section 552 of title 5, United States Code,
and such information shall not be published or disclosed unless
the Secretary determines that the withholding thereof is
contrary to the national interest. Information obtained under
this Act after June 30, 1980, may be withheld only to the
extent permitted by statute, except that information obtained
for the purpose of consideration of, or concerning, license
applications under this Act shall be withheld from public
disclosure unless the release of such information is determined
by the Secretary to be in the national interest. Enactment of
this subsection shall not affect any judicial proceeding
commenced under section 552 of title 5, United States Code, to
obtain access to boycott reports submitted prior to October 31,
1976, which was pending on May 15, 1979; but such proceeding
shall be continued as if this Act had not been enacted.
(2) Nothing in this Act shall be construed as authorizing
the withholding of information from the Congress or from the
General Accounting Office.\70\ All information at any time
under this Act or previous Acts regarding the control of
exports, including any report or license application required
under this Act, shall be made available to any committee or
subcommittee of Congress of appropriate jurisdiction upon
request of the chairman or ranking minority member of such
committee or subcommittee. No such committee or subcommittee,
or member thereof, shall disclose any information obtained
under this Act or previous Acts regarding the control of
exports which is submitted on a confidential basis unless the
full committee determines that the withholding of that
information is contrary to the national interest.
Notwithstanding paragraph (1) of this subsection, information
referred to in the second sentence of this paragraph shall,
consistent with the protection of intelligence,
counterintelligence, and law enforcement sources, methods, and
activities, as determined by the agency that originally
obtained the information, and consistent with the provisions of
section 313 of the Budget and Accounting Act, 1921, be made
available only by that agency, upon request, to the Comptroller
General of the United States or to any officer or employee of
the General Accounting Office \70\ who is authorized by the
Comptroller General to have access to such information. No
officer or employee of the General Accounting Office \70\ shall
disclose, except to the Congress in accordance with this
paragraph, any such information which is submitted on a
confidential basis and from which any individual can be
identified.
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\70\ Sec. 8(b) of the GAO Human Capital Reform Act of 2004 (Public
Law 108-271; 118 Stat. 814) provided: ``Any reference to the General
Accounting Office in any law, rule, regulation, certificate, directive,
instruction, or other official paper in force on the date of enactment
of this Act shall be considered to refer and apply to the Government
Accountability Office.''.
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(3) Any department or agency which obtains information
which is relevant to the enforcement of this Act, including
information pertaining to any investigation, shall furnish such
information to each department or agency with enforcement
responsibilities under this Act to the extent consistent with
the protection of intelligence, counterintelligence, and law
enforcement sources, methods, and activities. The provisions of
this paragraph shall not apply to information subject to the
restrictions set forth in section 9 of title 13, United States
Code; and return information, as defined in subsection (b) of
section 6103 of the Internal Revenue Code of 1986,\71\ may be
disclosed only as authorized by such section. The Secretary and
the Commissioner of Customs, upon request, shall exchange any
licensing and enforcement information with each other which is
necessary to facilitate enforcement efforts and effective
license decisions. The Secretary, the Attorney General, and the
Commissioner of Customs shall consult on a continuing basis
with one another and with the heads of other departments and
agencies which obtain information subject to this paragraph, in
order to facilitate the exchange of such information.
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\71\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
in any law.
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(d) Reporting Requirements.--In the administration of this
Act, reporting requirements shall be so designed as to reduce
the cost of reporting, recordkeeping, and export documentation
required under this Act to the extent feasible consistent with
effective enforcement and compilation of useful trade
statistics. Reporting, recordkeeping, and export documentation
requirements shall be periodically reviewed and revised in the
light of developments in the field of information technology.
(e) Simplification of Regulations.--The Secretary, in
consultation with appropriate United States Government
departments and agencies and with appropriate technical
advisory committees established under section 5(h), shall
review the regulations issued under this Act and the commodity
control list in order to determine how compliance with the
provisions of this Act can be facilitated by simplifying such
regulations, by simplifying or clarifying such list, or by any
other means.
administrative procedure and judicial review
Sec. 13.\72\ (a) Exemption.--Except as provided in section
11(c)(2) and subsection (c) of this section, the functions
exercised under this Act are excluded from the operation of
sections 551, 553 through 559, and 701 through 706 of title 5,
United States Code.
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\72\ 50 U.S.C. app. 2412.
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(b) Public Participation.--It is the intent of the Congress
that, to the extent practicable, all regulations imposing
controls on exports under this Act be issued in proposed form
with meaningful opportunity for public comment before taking
effect. In cases where a regulation imposing controls under
this Act is issued with immediate effect, it is the intent of
the Congress that meaningful opportunity for public comment
also be provided and that the regulation be reissued in final
form after public comments have been fully considered.
(c) Procedures Relating to Civil Penalties and Sanctions.--
(1) In any case in which a civil penalty or other civil
sanction (other than a temporary denial order or a penalty or
sanction for a violation of section 8) is sought under section
11 of this Act, the charged party is entitled to receive a
formal complaint specifying the charges and, at his or her
request, to contest the charges in a hearing before an
administrative law judge. Subject to the provisions of this
subsection, any such hearing shall be conducted in accordance
with sections 556 and 557 of title 5, United States Code. With
the approval of the administrative law judge, the Government
may present evidence in camera in the presence of the charged
party or his or her representative. After the hearing, the
administrative law judge shall make findings of fact and
conclusions of law in a written decision, which shall be
referred to the Secretary. The Secretary shall, in a written
order, affirm, modify, or vacate the decision of the
administrative law judge within 30 days after receiving the
decision. The order of the Secretary shall be final and is not
subject to judicial review, except as provided in paragraph
(3).\73\
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\73\ Sec. 2428(a)(1) of Public Law 100-418 (102 Stat. 1361)
inserted ``, except as provided in paragraph (3)'', redesignated para.
(3) as para. (4), and added a new para. (3).
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(2) The proceedings described in paragraph (1) shall be
concluded within a period of 1 year after the complaint is
submitted, unless the administrative law judge extends such
period for good cause shown.
(3) \73\ The order of the Secretary under paragraph (1) shall
be final, except that the charged party may, within 15 days
after the order is issued, appeal the order in the United
States Court of Appeals for the District of Columbia Circuit,
which shall have jurisdiction of the appeal. The court may,
while the appeal is pending, stay the order of the Secretary.
The court may review only those issues necessary to determine
liability for the civil penalty or other sanction involved. In
an appeal filed under this paragraph, the court shall set aside
any finding of fact for which the court finds there is not
substantial evidence on the record and any conclusion of law
which the court finds to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law.
(4) \73\ An administrative law judge referred to in this
subsection shall be appointed by the Secretary from among those
considered qualified for selection and appointment under
section 3105 of title 5, United States Code. Any person who,
for at least 2 of the 10 years immediately preceding the date
of the enactment of the Export Administration Amendments Act of
1985, has served as a hearing commissioner of the Department of
Commerce shall be included among these considered as qualified
for selection and appointment to such position.
(d) Imposition of Temporary Denial Orders.--(1) In any case
in which it is necessary, in the public interest, to prevent an
imminent violation of this Act or any regulation, order, or
license issued under this Act, the Secretary may, without a
hearing, issue an order temporarily denying United States
export privileges (hereinafter in this subsection referred to
as a ``temporary denial order'') to a person. A temporary
denial order may be effective no longer than 180 \74\ days
unless renewed in writing by the Secretary for additional 180-
day \74\ periods in order to prevent such an imminent
violation, except that a temporary denial order may be renewed
only after notice and an opportunity for a hearing is provided.
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\74\ Sec. 2428(b) of Public Law 100-418 (102 Stat. 1362) struck out
``60'' and inserted in lieu thereof ``180''.
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(2) A temporary denial order shall define the imminent
violation and state why the temporary denial order was granted
without a hearing. The person or persons subject to the
issuance or renewal of a temporary denial order may file an
appeal of the issuance or renewal of the temporary denial order
with an administrative law judge who shall, within 10 working
days after the appeal is filed, recommend that the temporary
denial order be affirmed, modified, or vacated. Parties may
submit briefs and other material to the judge. The
recommendation of the administrative law judge shall be
submitted to the Secretary who shall either accept, reject, or
modify the recommendation by written order within 5 working
days after receiving the recommendation. The written order of
the Secretary under the preceding sentence shall be final and
is not subject to judicial review, except as provided in
paragraph (3).\75\ The temporary denial order shall be affirmed
only if it is reasonable to believe that the order is required
in the public interest to prevent an imminent violation of this
Act or any regulation, order, or license issued under this Act.
All materials submitted to the administrative law judge and the
Secretary shall constitute the administrative record for
purposes of review by the courts.\75\
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\75\ Sec. 2428(a)(2) of Public Law 100-418 (102 Stat. 1362)
inserted ``, except as provided in paragraph (3)'', added the last
sentence of para. (2), and added para. (3).
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(3) \75\ An order of the Secretary affirming, in whole or in
part, the issuance of a temporary denial order may, within 15
days after the order is issued, be appealed by a person subject
to the order to the United States Court of Appeals for the
District of Columbia Circuit, which shall have jurisdiction of
the appeal. The court may review only those issues necessary to
determine whether the standard for issuing the temporary denial
order has been met. The court shall vacate the Secretary's
order if the court finds that the Secretary's order is
arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law.
(e) Appeals From License Denials.--A determination of the
Secretary, under section 10(f) of this Act, to deny a license
may be appealed by the applicant to an administrative law judge
who shall have the authority to conduct proceedings to
determine only whether the item sought to be exported is in
fact on the control list. Such proceedings shall be conducted
within 90 days after the appeal is filed. Any determination by
an administrative law judge under this subsection and all
materials filed before such judge in the proceedings shall be
reviewed by the Secretary, who shall either affirm or vacate
the determination in a written decision within 30 days after
receiving the determination. The Secretary's written decision
shall be final and is not subject to judicial review. Subject
to the limitations provided in section 12(c) of this Act, the
Secretary's decision shall be published in the Federal
Register.
annual report
Sec. 14.\76\ (a) Contents.--Not later than December 31 of
each year, the Secretary shall submit to the Congress a report
on the administration of this Act during the preceding fiscal
year. All agencies shall cooperate fully with the Secretary in
providing information for such report. Such report shall
include detailed information with respect to--
---------------------------------------------------------------------------
\76\ 50 U.S.C. app. 2413.
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(1) the implementation of the policies set forth in
section 3;
(2) general licensing activities under sections 5, 6,
and 7, and any changes in the exercise of the
authorities contained in sections 5(a), 6(a), and 7(a);
(3) the results of the review of United States policy
toward individual countries pursuant to section 5(b);
(4) the results, in as much detail as may be included
consistent with the national security and the need to
maintain the confidentiality of proprietary
information, of the actions, including reviews and
revisions of export controls maintained for national
security purposes, required by section 5(c)(3);
(5) actions taken to carry our section 5(d);
(6) changes in categories of items under export
control referred to in section 5(e);
(7) determinations of foreign availability made under
section 5(f), the criteria used to make such
determinations, the removal of any export controls
under such section, and any evidence demonstrating a
need to impose export controls for national security
purposes notwithstanding foreign availability;
(8) actions taken in compliance with section 5(f)(6);
\77\
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\77\ Sec. 2418(c) of Public Law 100-418 (102 Stat. 1357) struck out
``5(f)(5)'' and inserted in lieu thereof ``5(f)(6)''.
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(9) the operation of the indexing system under
section 5(g);
(10) consultations with the technical advisory
committees established pursuant to section 5(h), the
use made of the advice rendered by such committees, and
the contributions of such committees toward
implementing the policies set forth in this Act;
(11) the effectiveness of export controls imposed
under section 6 in furthering the foreign policy of the
United States;
(12) export controls and monitoring under section 7;
(13) the information contained in the reports
required by section 7(b)(2), together with an analysis
of--
(A) the impact on the economy and world trade
of shortages or increased prices for
commodities subject to monitoring under this
Act or section 812 of the Agricultural Act of
1970;
(B) the worldwide supply of such commodities;
and
(C) actions being taken by other countries in
response to such shortages or increased prices;
(14) actions taken by the President and the Secretary
to carry out the antiboycott policies set forth in
section 3(5) of this Act;
(15) organizational and procedural changes undertaken
in furtherance of the policies set forth in this Act,
including changes to increase the efficiency of the
export licensing process and to fulfill the
requirements of section 10, including an accounting of
appeals received, court orders issued, and actions
taken pursuant thereto under subsection (j) of such
section;
(16) delegations of authority by the President as
provided in section 4(e) of this Act;
(17) efforts to keep the business sector of the
Nation informed with respect to policies and procedures
adopted under this Act;
(18) any reviews undertaken in furtherance of the
policies of this Act, including the results of the
review required by section 12(d), and any action taken,
on the basis of the review required by section 12(e),
to simplify regulations issued under this Act;
(19) violations under section 11 and enforcement
activities under section 12; and
(20) the issuance of regulations under the authority
of this Act, including an explanation of each case in
which regulations were not issued in accordance with
the first sentence of section 13(b).
(b) Report on Certain Export Controls.--To the extent that
the President determines that the policies set forth in section
3 of this Act require the control of the export of goods and
technology other than those subject to multilateral controls,
or require more stringent controls than the multilateral
controls, the President shall include in each annual report the
reasons for the need to impose, or to continue to impose, such
controls and the estimated domestic economic impact on the
various industries affected by such controls.
(c) Report on Negotiations.--The President shall include in
each annual report a detailed report on the progress of the
negotiations required by section 5(i), until such negotiations
are concluded.
(d) Report on Exports to Controlled Countries.--The
Secretary shall include in each annual report a detailed report
which lists every license for exports to controlled countries
which was approved under this Act during the preceding fiscal
year. Such report shall specify to whom the license was
granted, the type of goods or technology exported, and the
country receiving the goods or technology. The information
required by this subsection shall be subject to the provisions
of section 12(c) of this Act.
(e) Report on Domestic Economic Impact of Exports to
Controlled Countries.--The Secretary shall include in each
annual report a detailed description of the extent of injury to
United States industry and the extent of job displacement
caused by United States exports of goods and technology to
controlled countries. The annual report shall also include a
full analysis of the consequences of exports of turnkey plants
and manufacturing facilities to controlled countries which are
used by such countries to produce goods for export to the
United States or to compete with United States products in
export markets.
(f) \78\ Annual Report of the President.--The President shall
submit an annual report to the Congress estimating the
additional defense expenditures of the United States arising
from illegal technology transfers, focusing on estimated
defense costs arising from illegal technology transfers that
resulted in a serious adverse impact on the strategic balance
of forces. These estimates shall be based on assessment by the
intelligence community of any technology transfers that
resulted in such serious adverse impact. This report may have a
classified annex covering any information of a sensitive
nature.
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\78\ Sec. 2445 of Public Law 100-418 (102 Stat. 1369) added subsec.
(f).
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administrative and regulatory authority
Sec. 15.\79\ (a) Under Secretary of Commerce.--The
President shall appoint, by and with the advice and consent of
the Senate, an Under Secretary of Commerce for Export
Administration who shall carry out all functions of the
Secretary under this Act and such other statutes that relate to
national security \80\ which were delegated to the office of
the Assistant Secretary of Commerce for Trade Administration
before the date of the enactment of the Export Administration
Amendments Act of 1985, and such other functions under this Act
which were delegated to such office before such date of
enactment, as the Secretary may delegate. The President shall
appoint, by and with the advice and consent of the Senate, two
Assistant Secretaries of Commerce to assist the Under Secretary
in carrying out such functions.
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\79\ 50 U.S.C. app. 2414.
\80\ Sec. 2429 of Public Law 100-418 (102 Stat. 1362) inserted
``and such other statutes that relate to national security''.
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(b) Issuance of Regulations.--The President and the
Secretary may issue such regulations as are necessary to carry
out the provisions of this Act. Any such regulations issued to
carry out the provisions of section 5(a), 6(a), 7(a), or (8)(b)
may apply to the financing, transporting, or other servicing of
exports and the participation therein by any person. Any such
regulations the purpose of which is to carry out the provisions
of section 5, or of section 4(a) for the purpose of
administering the provisions of section 5, may be issued only
after the regulations are submitted for review to the Secretary
of Defense, the Secretary of State, such other departments and
agencies as the Secretary considers appropriate, and the
appropriate technical advisory committee.\81\ The preceding
sentence does not require the concurrence or approval of any
official, department, or agency to which such regulations are
submitted.
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\81\ Sec. 2420(b)(1) of Public Law 100-418 (102 Stat. 1358) struck
out ``and'' which previously appeared at this point, and inserted in
lieu thereof ``and the appropriate technical advisory committee''.
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(c) Amendments to Regulations.--If the Secretary proposes
to amend regulations issued under this Act, the Secretary shall
report to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Foreign Affairs \82\ of the
House of Representatives on the intent and rationale of such
amendments. Such report shall evaluate the cost and burden to
United States exporters of the proposed amendments in relation
to any enhancement of licensing objectives. The Secretary shall
consult with the technical advisory committees authorized under
section 5(h) of this Act in formulating or amending regulations
issued under this Act. The procedures defined by regulations in
effect on January 1, 1984, with respect to sections 4 and 5 of
this Act, shall remain in effect unless the Secretary
determines, on the basis of substantial and reliable evidence,
that specific change is necessary to enhance the prevention of
diversions of exports which would prove detrimental to the
national security of the United States or to reduce the
licensing and paperwork burden on exporters and their
distributors.
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\82\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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definitions
Sec. 16.\83\ As used in this Act--
---------------------------------------------------------------------------
\83\ 50 U.S.C. app. 2415.
---------------------------------------------------------------------------
(1) the term ``person'' includes the singular and the
plural and any individual, partnership, corporation, or
other form of association, including any government or
agency thereof;
(2) the term ``United States person'' means any
United States resident or national (other than an
individual resident outside the United States and
employed by other than a United States person), any
domestic concern (including any permanent domestic
establishment of any foreign concern) and any foreign
subsidiary or affiliate (including any permanent
foreign establishment) of any domestic concern which is
controlled in fact by such domestic concern, as
determined under regulations of the President;
(3) the term ``good'' means any article, natural or
manmade substance, material, supply or manufactured
product, including inspection and test equipment, and
excluding technical data;
(4) the term ``technology'' means the information and
knowhow (whether in tangible form, such as models,
prototypes, drawings, sketches, diagrams, blueprints,
or manuals, or in intangible form, such as training or
technical services) that can be used to design,
produce, manufacture, utilize, or reconstruct goods,
including computer software and technical data, but not
the goods themselves;
(5) the term ``export'' means--
(A) an actual shipment, transfer, or
transmission of goods or technology out of the
United States;
(B) a transfer of goods or technology in the
United States to an embassy or affiliate of a
controlled country; or
(C) a transfer to any person of goods or
technology either within the United States or
outside of the United States with the knowledge
or intent that the goods or technology will be
shipped, transferred, or transmitted to an
unauthorized recipient;
(6) the term ``controlled country'' means a
controlled country under section 5(b)(1) of this Act;
(7) the term ``United States'' means the States of
the United States, the District of Columbia, and any
commonwealth, territory, dependency, or possession of
the United States, and includes the outer Continental
Shelf, as defined in section 2(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(a)); and
(8) the term ``Secretary'' means the Secretary of
Commerce.
effect on other acts
Sec. 17.\84\ (a) In General.--Except as otherwise provided
in this Act, nothing contained in this Act shall be construed
to modify, repeal, supersede, or otherwise affect the
provisions of any other laws authorizing control over exports
of any commodity.
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\84\ 50 U.S.C. app. 2416.
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(b) Coordination of Controls.--The authority granted to the
President under this Act shall be exercised in such manner as
to achieve effective coordination with the authority exercised
under section 38 of the Arms Export Control Act (22 U.S.C.
2778).
(c) Civil Aircraft Equipment.--Notwithstanding any other
provision of law, any product (1) which is standard equipment
certified by the Federal Aviation Administration, in civil
aircraft and is an integral part of such aircraft, and (2)
which is to be exported to a country other than a controlled
country, shall be subject to export controls exclusively under
this Act. Any such product shall not be subject to controls
under section 38(b)(2) of the Arms Export Control Act.
(d) Nonproliferation Controls.--(1) Nothing in section 5 or
6 of this Act shall be construed to supersede the procedures
published by the President pursuant to section 309(c) of the
Nuclear Non-Proliferation Act of 1978.
(2) With respect to any export license application which,
under the procedures published by the President pursuant to
section 309(c) of the Nuclear Non-Proliferation Act of 1978, is
referred to the Subgroup on Nuclear Export Coordination or
other interagency group, the provisions of section 10 of this
Act shall apply with respect to such license application only
to the extent that they are consistent with such published
procedures, except that if the processing of any such
application under such procedures is not completed within 180
days after the receipt of the application by the Secretary, the
applicant shall have the rights of appeal and court action
provided in section 10(j) of this Act.
(e) Termination of Other Authority.--On October 1, 1979,
the Mutual Defense Assistance Control Act of 1951 (22 U.S.C.
1611-1613d), is superseded.
(f) Agricultural Act of 1970.--Nothing in this Act shall
affect the provisions of the last sentence of section 812 of
the Agricultural Act of 1970 (7 U.S.C. 612c-3).
authorization of appropriations
Sec. 18.\85\ (a) Requirement of Authorizing Legislation.--
(1) Notwithstanding any other provisions of law, money
appropriated to the Department of Commerce for expenses to
carry out the purposes of this Act may be obligated or expended
only if--
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\85\ 50 U.S.C. app. 2417.
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(A) the appropriation thereof has been previously
authorized by law enacted on or after the date of the
enactment of the Export Administration Amendments Act
of 1985; or
(B) the amount of all such obligations and
expenditures does not exceed an amount previously
prescribed by law enacted on or after such date.
(2) To the extent that legislation enacted after the making
of an appropriation to carry out the purposes of this Act
authorizes the obligation or expenditure thereof, the
limitation contained in paragraph (1) shall have no effect.
(3) The provisions of this subsection shall not be
superseded except by a provision of law enacted after the date
of the enactment of the Export Administration Amendments Act of
1985 which specifically repeals, modifies, or supersedes the
provisions of this subsection.
(b) \86\ Authorization.--There are authorized to be
appropriated to the Department of Commerce to carry out the
purposes of this Act--
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\86\ Sec. 1 of Public Law 103-10 (107 Stat. 40) amended and
restated subsec. (b), which previously read as follows:
``(b) Authorization.--There are authorized to be appropriated to
the Department of Commerce to carry out the purposes of this Act--
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``(1) $35,935,000 for the fiscal year 1988, of which $12,746,000 shall be
available only for enforcement, $2,000,000 shall be available only for
foreign availability assessments under subsections (f) and (h)(6) of
section 5, and $21,189,000 shall be available for all other activities
under this Act;
``(2) $46,913,000 for the fiscal year 1989, of which $15,000,000 shall be
available only for enforcement, $5,000,000 shall be available only for
foreign availability assessments under subsections (f) and (h)(6) of
section 5, $4,000,000 shall be available only for regional export control
assistance centers, and $22,913,000 shall be available for all other
activities under this Act; and
``(3) such additional amounts for each of the fiscal years 1988 and 1989
as may be necessary for increases in salary, pay, retirement, other
employee benefits authorized by law, and other nondiscretionary costs.''.
(1) $42,813,000 for the fiscal year 1993;
(2) such sums as may be necessary for the fiscal year
1994; and
(3) such additional amounts, for each such fiscal
year, as may be necessary for increases in salary, pay,
retirement, other employee benefits authorized by law,
and other nondiscretionary costs.
effective date
Sec. 19.\87\ (a) Effective Date.--This Act shall take
effect upon the expiration of the Export Administration Act of
1969.
---------------------------------------------------------------------------
\87\ 50 U.S.C. app. 2418.
---------------------------------------------------------------------------
(b) Issuance of Regulations.--(1) Regulations implementing
the provisions of section 10 of this Act shall be issued and
take effect not later than July 1, 1980.
(2) Regulations implementing the provisions of section 7(c)
of this Act shall be issued and take effect not later than
January 1, 1980.
termination date
Sec. 20.\88\ The authority granted by this Act terminates
on August 20, 2001.\89\
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\88\ 50 U.S.C. app. 2419.
\89\ Sec. 2431 of Public Law 100-418 (102 Stat. 1362) extended the
termination date from 1989 to 1990. The Act expired on September 30,
1990. Sec. 2 of Public Law 103-10 (107 Stat. 40) subsequently renewed
the authority of the Act on March 27, 1993, by striking ``September 30,
1990'' and inserting in lieu thereof ``June 30, 1994''. For the
intervening period of September 30, 1990 to March 27, 1993, authority
of the Act was continued by Executive Order 12730 of September 30, 1990
(55 F.R. 40373), and further extended by Notice of September 25, 1992
(57 F.R. 44649). Public Law 103-277 (108 Stat. 1407) extended the
termination day by striking out ``June 30, 1994'' and inserting in lieu
thereof ``August 20, 1994''. On November 13, 2000, Public Law 106-508
(114 Stat. 2360) extended the authority of the Act to August 20, 2001.
For the intervening period from August 20, 1994 through August 20,
2001, the authority of the Act was extended pursuant to Executive Order
12924 of August 19, 1994 (59 F.R. 43437), and further extended by
Notice of August 15, 1995 (60 F.R. 42767); Notice of August 14, 1996
(61 F.R. 42525); Notice of August 13, 1997 (62 F.R. 43269); Notice of
August 13, 1998 (63 F.R. 44119); Notice of August 10, 1999 (64 F.R.
44101); and Notice of August 3, 2000 (65 F.R. 48347).
In Executive Order 13206 of April 4, 2001 (66 F.R. 18397), in view
of the reauthorization and extension of the Act by Public Law 106-508,
the President revoked Executive Order 12924.
In light of the expiration of the Act on August 20, 2001, in
Executive Order 13222 of August 17, 2001 (66 F.R. 44025), the President
continued the authority of the Act, effective midnight August 21, 2001.
The authority of the Act was further continued by Notice of August 14,
2002 (67 F.R. 53719); Notice of August 7, 2003 (68 F.R. 47831); Notice
of August 6, 2004 (69 F.R. 48763); and Notice of August 2, 2005 (70
F.R. 45273).
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savings provisions
Sec. 21.\90\ (a) In General.--All delegations, rules,
regulations, orders, determinations, licenses, or other forms
of administrative action which have been made, issued,
conducted, or allowed to become effective under the Export
Control Act of 1949 or the Export Administration Act of 1969
and which are in effect at the time this Act takes effect shall
continue in effect according to their terms until modified,
superseded, set aside, or revoked under this Act.
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\90\ 50 U.S.C. app. 2420.
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(b) Administrative Proceedings.--This Act shall not apply
to any administrative proceedings commenced or any application
for a license made, under the Export Administration Act of
1969, which is pending at the time this Act takes effect.
technical amendments
Sec. 22.\91\ * * *
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\91\ Sec. 22 amended the Arms Export Control Act, the Energy Policy
and Conservation Act and the Internal Revenue Code of 1954 [1986].
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international investment survey act authorizations
Sec. 23.\92\ * * *
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\92\ Sec. 23 provided authorization of funds for fiscal years 1980
and 1981 for the International Investment and Trade in Services Survey
Act.
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miscellaneous
Sec. 24.\93\ * * *
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\93\ Sec. 24 amended the Agricultural Trade Development and
Assistance Act of 1954 (Public Law 480).
b. China Satellite Provision
Partial text of Public Law 109-108 [Science, State, Justice, Commerce,
and Related Agencies Appropriations Act, 2006; H.R. 2862], 119 Stat.
2290 at 2319
AN ACT Making appropriations for Science, the Departments of State,
Justice, and Commerce, and related agencies for the fiscal year ending
September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2006, and for other purposes, namely:
* * * * * * *
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
administration of foreign affairs
diplomatic and consular programs
* * * * * * *
* * * Provided further, That no funds may be obligated or
expended for processing licenses for the export of satellites
of United States origin (including commercial satellites and
satellite components) to the People's Republic of China,
unless, at least 15 days in advance, the Committees on
Appropriations of the House of Representatives and the Senate
are notified of such proposed action: * * *
* * * * * * *
c. Export Controls on High Performance Computers
Partial text of Public Law 105-85 [National Defense Authorization Act
for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18,
1997; as amended by Public Law 105-261 [Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 2180,
approved October 17, 1998; Public Law 106-38 [National Missile Defense
Act of 1999; H.R. 4], 113 Stat. 205, approved July 22, 1999; Public Law
106-65 [National Defense Authorization Act for Fiscal Year 2000; S.
1059], 113 Stat. 774, approved October 5, 1999; and Public Law 106-398
[National Defense Authorization, Fiscal Year 2001; H.R. 4015], 112
Stat. 1654, approved October 30, 2000
AN ACT To authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XII--MATTERS RELATING TO OTHER NATIONS
* * * * * * *
Subtitle B--Export Controls on High Performance Computers
SEC. 1211.\1\ EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS.
(a) Prior Approval of Exports and Reexports.--The President
shall require that no digital computer with a composite
theoretical performance level of more than 2,000 millions of
theoretical operations per second (MTOPS) or with such other
composite theoretical performance level as may be established
subsequently by the President under subsection (d), may be
exported or reexported without a license to a country specified
in subsection (b) if the Secretary of Commerce, the Secretary
of Defense, the Secretary of Energy, the Secretary of State, or
the Director of the Arms Control and Disarmament Agency
objects, in writing, to such export or reexport. Any person
proposing to export or reexport such a digital computer shall
so notify the Secretary of Commerce, who, within 24 hours after
receiving the notification, shall transmit the notification to
the Secretary of Defense, the Secretary of Energy, the
Secretary of State, and the Director of the Arms Control and
Disarmament Agency.
---------------------------------------------------------------------------
\1\ 50 U.S.C. app. 2404 note.
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(b) Covered Countries.--For purposes of subsection (a), the
countries specified in this subsection are the countries listed
as ``Computer Tier 3'' eligible countries in section 740.7(d)
of title 15 of the Code of Federal Regulations, as in effect on
June 10, 1997, subject to modification by the President under
subsection (e).
(c) Time Limit.--Written objections under subsection (a) to
an export or reexport shall be raised within 10 days after the
notification is received under subsection (a). If such a
written objection to the export or reexport of a computer is
raised, the computer may be exported or reexported only
pursuant to a license issued by the Secretary of Commerce under
the Export Administration Regulations of the Department of
Commerce, without regard to the licensing exceptions otherwise
authorized under section 740.7 of title 15 of the Code of
Federal Regulations, as in effect on June 10, 1997. If no
objection is raised within the 10-day period, the export or
reexport is authorized.
(d) Adjustment of Composite Theoretical Performance.--The
President, in consultation with the Secretary of Commerce, the
Secretary of Defense, the Secretary of Energy, the Secretary of
State, and the Director of the Arms Control and Disarmament
Agency, may establish a new composite theoretical performance
level for purposes of subsection (a). Such new level shall not
take effect until 60 \2\ days after the President submits to
the congressional committees designated in section 1215 a
report setting forth the new composite theoretical performance
level and the justification for such new level. Each report
shall, at a minimum--
---------------------------------------------------------------------------
\2\ Sec. 1234 of Public Law 106-38 (114 Stat. 1654A-330) struck out
``180'' and inserted in lieu thereof ``60''. Sec. 314 of the
Legislative Branch Appropriations Act, 2001 (Appendix B of Public Law
106-554; 114 Stat. 2763A-123) provided that:
``Sec. 314. Review of Proposed Changes to Export Thresholds for
Computers. Not more than 50 days after the date of the submission of
the report referred to in subsection (d) of section 1211 of the
National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. app.
2404 note), the Comptroller General of the United States shall submit
an assessment to Congress which contains an analysis of the new
computer performance levels being proposed by the President under such
section.''.
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(1) address the extent to which high performance
computers of a composite theoretical level between the
level established in subsection (a) or such level as
has been previously adjusted pursuant to this section
and the new level, are available from other countries;
(2) address all potential uses of military
significance to which high performance computers at the
new level could be applied; and
(3) assess the impact of such uses on the national
security interests of the United States.
(e) Adjustment of Covered Countries.--
(1) In general.--The President, in consultation with
the Secretary of Commerce, the Secretary of Defense,
the Secretary of Energy, the Secretary of State, and
the Director of the Arms Control and Disarmament
Agency, may add a country to or remove a country from
the list of covered countries in subsection (b), except
that a country may be removed from the list only in
accordance with paragraph (2).
(2) Deletions from list of covered countries.--The
removal of a country from the list of covered countries
under subsection (b) shall not take effect until 120
days after the President submits to the congressional
committees designated in section 1215 a report setting
forth the justification for the deletion.
(3) Excluded countries.--A country may not be removed
from the list of covered countries under subsection (b)
if--
(A) the country is a ``nuclear-weapon state''
(as defined by Article IX of the Treaty on the
Non-Proliferation of Nuclear Weapons) and the
country is not a member of the North Atlantic
Treaty Organization; or
(B) the country is not a signatory of the
Treaty on the Non-Proliferation of Nuclear
Weapons and the country is listed on Annex 2 to
the Comprehensive Nuclear Test-Ban Treaty.
(f) Classification.--Each report under subsections (d) and
(e) shall be submitted in an unclassified form and may, if
necessary, have a classified supplement.
(g) \3\ Delegation of Objection Authority Within the
Department of Defense.--For the purposes of the Department of
Defense, the authority to issue an objection referred to in
subsection (a) shall be executed for the Secretary of Defense
by an official at the Assistant Secretary level within the
office of the Undersecretary of Defense for Policy. In
implementing subsection (a), the Secretary of Defense shall
ensure that Department of Defense procedures maximize the
ability of the Department of Defense to be able to issue an
objection within the 10-day period specified in subsection (c).
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\3\ Public Law 105-261 (112 Stat. 1920) added subsec. (g).
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(h) \4\ Calculation of the 60-day Period.--The 60-day period
referred to in subsection (d) shall be calculated by excluding
the days on which either House of Congress is not in session
because of an adjournment of the Congress sine die.
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\4\ Sec. 1234(a)(2) of Public Law 106-398 (114 Stat. 1654A-330)
added subsec. (h). Sec. 1234(b) of Public Law 106-398 (114 Stat. 1654A-
331) further provided the following:
``(b) Effective Date.--The amendments made by subsection (a) shall
apply to any new composite theoretical performance level established
for purposes of section 1211(a) of the National Defense Authorization
Act for Fiscal Year 1998 that is submitted by the President pursuant to
section 1211(d) of that Act on or after the date of the enactment of
this Act.''.
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SEC. 1212. REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.
(a) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall provide to the
congressional committees specified in section 1215 a report
identifying all exports of digital computers with a composite
theoretical performance of more than 2,000 millions of
theoretical operations per second (MTOPS) to all countries
since January 25, 1996. For each export, the report shall
identify--
(1) whether an export license was applied for and
whether one was granted;
(2) the date of the transfer of the computer;
(3) the United States manufacturer and exporter of
the computer;
(4) the MTOPS level of the computer; and
(5) the recipient country and end user.
(b) Additional Information on Exports to Certain Countries.--
In the case of exports to countries specified in subsection
(c), the report under subsection (a) shall identify the
intended end use for the exported computer and the assessment
by the executive branch of whether the end user is a military
end user or an end user involved in activities relating to
nuclear, chemical, or biological weapons or missile technology.
Information provided under this subsection may be submitted in
classified form if necessary.
(c) Covered Countries.--For purposes of subsection (b), the
countries specified in this subsection are--
(1) the countries listed as ``Computer Tier 3''
eligible countries in section 740.7(d) of title 15 of
the Code of Federal Regulations, as in effect on June
10, 1997; and
(2) the countries listed in section 740.7(e) of title
15 of the Code of Federal Regulations, as in effect on
June 10, 1997.
SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH PERFORMANCE
COMPUTERS.
(a) Required Post-Shipment Verification.--The Secretary of
Commerce shall conduct post-shipment verification of each
digital computer with a composite theoretical performance of
more than 2,000 millions of theoretical operations per second
(MTOPS) that is exported from the United States, on or after
the date of the enactment of this Act, to a country specified
in subsection (b).
(b) Covered Countries.--For purposes of subsection (a), the
countries specified in this subsection are the countries listed
as ``Computer Tier 3'' eligible countries in section 740.7 of
title 15 of the Code of Federal Regulations, as in effect on
June 10, 1997, subject to modification by the President under
section 1211(e).
(c) Annual Report.--The Secretary of Commerce shall submit to
the congressional committees specified in section 1215 an
annual report on the results of post-shipment verifications
conducted under this section during the preceding year. Each
such report shall include a list of all such items exported
from the United States to such countries during the previous
year and, with respect to each such export, the following:
(1) The destination country.
(2) The date of export.
(3) The intended end use and intended end user.
(4) The results of the post-shipment verification.
(d) Explanation When Verification Not Conducted.--If a post-
shipment verification has not been conducted in accordance with
subsection (a) with respect to any such export during the
period covered by a report, the Secretary shall include in the
report for that period a detailed explanation of the reasons
why such a post-shipment verification was not conducted.
SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION
ASSISTANCE.
(a) In General.--The Comptroller General of the United States
shall submit to the congressional committees specified in
section 1215 a study of the national security risks relating to
the sale of computers with a composite theoretical performance
of between 2,000 and 7,000 millions of theoretical operations
per second (MTOPS) to end users in countries specified in
subsection (c). The study shall also analyze any foreign
availability of computers described in the preceding sentence
and the impact of such sales on United States exporters.
(b) End User Information Assistance to Exporters.--The
Secretary of Commerce shall establish a procedure by which
exporters may seek information on questionable end users in
countries specified in subsection (c) who are seeking to obtain
computers described in subsection (a).
(c) Covered Countries.--For purposes of subsections (a) and
(b), the countries specified in this subsection are the
countries listed as ``Computer Tier 3'' eligible countries in
section 740.7(d) of title 15 of the Code of Federal
Regulations, as in effect on June 10, 1997.
SEC. 1215. CONGRESSIONAL COMMITTEES.
For purposes of sections 1211(d), 1212(a), 1213(c), and
1214(a) the congressional committees specified in those
sections are the following:
(1) The Committee on Banking, Housing, and Urban
Affairs and the Committee on Armed Services of the
Senate.
(2) The Committee on International Relations and the
Committee on Armed Services \5\ of the House of
Representatives.
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\5\ Sec. 1067(4) of Public Law 106-65 (113 Stat. 774) struck out
``Committee on National Security'' and inserted in lieu thereof
``Committee on Armed Services''.
d. Export Administration Amendments Act of 1985
Partial text of Public Law 99-64 [S. 883], 99 Stat. 120, approved July
12, 1985; as amended by Public Law 99-441 [Defense Production Act
Amendments of 1986; H.R. 5480], 100 Stat. 1117, approved October 3,
1986; Public Law 99-633 [Export Administration Act of 1979,
Authorization; S. 2245], 100 Stat. 3522, approved October 7, 1986;
Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; H.R.
4848], 102 Stat. 1107, approved August 23, 1988; Public Law 102-429
[Export Enhancement Act of 1992; H.R. 5739], 106 Stat. 2186, approved
October 21, 1992; and Public Law 103-392 [Jobs Through Trade Expansion
Act of 1994; H.R. 4950], 108 Stat. 4098, approved October 22, 1994
AN ACT To reauthorize the Export Administration Act of 1979, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--AMENDMENTS TO EXPORT ADMINISTRATION ACT OF 1979 \1\
---------------------------------------------------------------------------
\1\ 50 U.S.C. app. 2401 note.
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* * * * * * *
SEC. 126. ALASKAN OIL STUDY.
(a) Review of Alaskan Oil Policy.--
(1) In general.--The President shall undertake a
comprehensive review of the issues and related data
concerning possible changes in the existing incentives
to produce crude oil from the North Slope of Alaska
(including changes in Federal and State taxation,
pipeline tariffs, and Federal leasing policies) and
possible changes in the existing distribution of crude
oil from the North Slope of Alaska (including changes
in export restrictions which would permit exports at
free market levels and at levels of 50,000 barrels per
day, 100,000 barrels per day, 200,000 barrels per day,
and 500,000 barrels per day), as well as the
appropriateness of continuing existing controls. Such
review shall include, but not be limited to, a study
of--
(A) the effect of such changes on the energy
and national security of the United States and
its allies;
(B) the role of such changes in United States
foreign policymaking, including international
energy policymaking;
(C) the impact of such changes on employment
levels in the maritime industry, the oil
industry, and other industries;
(D) the impact of such changes on the
refiners and on consumers;
(E) the impact of such changes on the
revenues and expenditures of the Federal
Government and the government of Alaska;
(F) the effect of such changes on incentives
for oil and gas exploration and development in
the United States; and
(G) the effect of such changes on the overall
trade deficit of the United States, and the
trade deficit of the United States with respect
to particular countries, including the effect
of such changes on trade barriers of other
countries.
(2) Findings, options, and recommendations.--The
President shall develop, after consulting with
appropriate State and Federal officials and other
persons, findings, options, and recommendations
regarding the production and distribution of crude oil
from North Slope of Alaska.
(b) Consultation and Report.--In carrying out subsection
(a), the President shall consult with the Committees on Foreign
Affairs and Energy and Commerce of the House of Representatives
and the appropriate committees of the Senate. Not later than 9
months after the date of the enactment of this Act, the
President shall transmit to each of those committees a report
which contains the results of the review under subsection
(a)(1), and the findings, options, and recommendations
developed under subsection (a)(2).
TITLE II--EXPORT PROMOTION PROGRAMS
SEC. 201.\2\ REQUIREMENT OF PRIOR AUTHORIZATION.
(a) General Rule.--Notwithstanding any other provision of
law, money appropriated to the Department of Commerce for
expenses to carry out any export promotion program may be
obligated or expended only if--
---------------------------------------------------------------------------
\2\ 15 U.S.C. 4051.
---------------------------------------------------------------------------
(1) the appropriation thereof has been previously
authorized by law enacted on or after the date of the
enactment of this Act; or
(2) the amount of all such obligations and
expenditures does not exceed an amount previously
prescribed by law enacted on or after such date.
(b) Exception for Later Legislation Authorizing Obligations
or Expenditures.--To the extent that legislation enacted after
the making of an appropriation to carry out an export promotion
program authorizes the obligation or expenditure thereof, the
limitation contained in subsection (a) shall have no effect.
(c) Provisions Must Be Specifically Superseded.--The
provisions of this section shall not be superseded except by a
provision of law enacted after the date of the enactment of
this Act which specifically repeals, modifies, or supersedes
the provisions of this section.
(d) Export Promotion Program Defined.--For purposes of this
title, the term ``export promotion program'' means any activity
of the Department of Commerce designed to stimulate or assist
United States businesses in marketing their goods and services
abroad competitively with businesses from other countries,
including, but not limited to--
(1) trade development (except for the trade
adjustment assistance program) and dissemination of
foreign marketing opportunities and other marketing
information to United States producers of goods and
services, including the expansion of foreign markets
for United States textiles and apparel and any other
United States products;
(2) the development of regional and multilateral
economic policies which enhance United States trade and
investment interests, and the provision of marketing
services with respect to foreign countries and regions;
(3) the exhibition of United States goods in other
countries; \3\
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\3\ Sec. 2305(a) of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 102 Stat. 1344) struck out ``and'' after the
semicolon in para. (3), struck out a period at the end of para. (4),
inserted in lieu thereof ``; and'', and added para. (5).
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(4) the operations of the United States and Foreign
Commercial Service, or any successor agency; and \3\
(5) \3\ the Market Development Cooperator Program
established under section 2303 of the Export
Enhancement Act of 1988, and assistance for trade shows
provided under section 2304 of that Act.
(e) \4\ Printing Outside the United States.--(1)
Notwithstanding the provisions of section 501 of title 44,
United States Code, and consistent with other applicable law,
the Secretary of Commerce, in carrying out any export promotion
program, may authorize--
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\4\ Sec. 2308 of Public Law 100-418 (102 Stat. 1346) added subsec.
(e).
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(A) the printing, distribution, and sale of documents
outside the contiguous United States, if the Secretary
finds that the implementation of such export promotion
program would be more efficient, and if such documents
will be distributed primarily and sold exclusively
outside the United States; and
(B) the acceptance of private notices and
advertisements in connection with the printing and
distribution of such documents.
(2) Any fees received by the Secretary pursuant to paragraph
(1) shall be deposited in a separate account or accounts which
may be used to defray directly the costs incurred in conducting
activities authorized by paragraph (1) or to repay or make
advances to appropriations or other funds available for such
activities.
SEC. 202.\5\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of
Commerce to carry out export promotion programs such sums as
are necessary for fiscal years 1995 and 1996.
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\5\ 15 U.S.C. 4052. Sec. 301 of the Jobs Through Trade Expansion
Act of 1994 (Public Law 103-392; 108 Stat. 4099) amended and restated
sec. 202. Previous authorizations for export promotion programs were:
fiscal years 1985 and 1986--$113,273,000; fiscal years 1987 and 1988--
$123,922,000 (Public Law 99-663); fiscal year 1988--$123,922,000
(Public Law 100-418); fiscal years 1989 and 1990--$146,400,000 (Public
Law 100-418); fiscal year 1993--$190,000,000; and fiscal year 1994--
$200,000,000 (and $5,500,000 for each of those years to carry out sec.
2303 of the Export Enhancement Act of 1988).
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SEC. 203.\6\ BARTER ARRANGEMENTS.
(a) Report on Status of Federal Barter Programs.--The
Secretary of Agriculture and the Secretary of Energy shall, not
later than 90 days after the date of the enactment of this Act,
submit to the Congress a report on the status of Federal
programs relating to the barter or exchange of commodities
owned by the Commodity Credit Corporation for materials and
products produced in foreign countries. Such report shall
include details of any changes necessary in existing law to
allow the Department of Agriculture and, in the case of
petroleum resources, the Department of Energy, to implement
fully any barter program.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 4053.
---------------------------------------------------------------------------
(b) Authorities of the President.--The President is
authorized--
(1) to barter stocks of agricultural commodities
acquired by the Government for petroleum and petroleum
products, and for other materials vital to the national
interest, which are produced abroad, in situations in
which sales would otherwise not occur; and
(2) to purchase petroleum and petroleum products, and
other materials vital to the national interest, which
are produced abroad and acquired by persons in the
United States through barter for agricultural
commodities produced in and exported from the United
States through normal commercial trade channels.
(c) Other Provisions of Law Not Affected.--In the case of
any petroleum, petroleum products, or other materials vital to
the national interest, which are acquired under subsection (b),
nothing in this section shall be construed to render
inapplicable the provisions of any law then in effect which
apply to the storage, distribution, or use of such petroleum,
petroleum products, or other materials vital to the national
interest.
(d) Conventional Markets Not To Be Displaced by Barters.--
The President shall take steps to ensure that, in making any
barter described in subsection (a) or (b)(1) or any purchase
authorized by subsection (b)(2), existing export markets for
agricultural commodities operating on conventional business
terms are safeguarded from displacement by the barter described
in subsection (a), (b)(1), or (b)(2), as the case may be. In
addition, the President shall ensure that any such barter is
consistent with the international obligations of the United
States, including the General Agreement on Tariffs and Trade.
(e) Report to the Congress.--The Secretary of Energy shall
report to the Congress on the effect on energy security and on
domestic energy supplies of any action taken under this section
which results in the acquisition by the Government of petroleum
or petroleum products. Such report shall be submitted to the
Congress not later than 90 days after such acquisition.
* * * * * * *
e. Offsets in Military-Related Exports: Annual Report
Title 50, Appendix, United States Code
Sec. 2099.\1\ Annual report on impact of offsets
(a) Annual Report on Impact of Offsets.--
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\1\ Sec. 2099 was enacted as sec. 309 of the Defense Production Act
Amendments of 1984 (Public Law 98-265; 98 Stat. 152). Sec. 124 of the
Defense Production Act Amendments of 1992 (Public Law 102-558; 106
Stat. 4207) amended and restated subsecs. (a) and (b), and added new
subsecs. (c) through (e). See also sec. 123 of that Act.
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(1) Report required.--Not later than 18 months after
the date of the enactment of the Defense Production Act
Amendments of 1984 \2\ and annually thereafter, the
President \3\ shall submit to the Committee on
Financial Services of the House of Representatives \4\
and the Committee on Banking, Housing, and Urban
Affairs of the Senate, a detailed report on the impact
of offsets on the defense preparedness, industrial
competitiveness, employment, and trade of the United
States.
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\2\ Enacted April 17, 1984.
\3\ Executive Order 12521 of June 24, 1985, 50 F.R. 26335 (Offsets
in Military Related Exports), delegated preparation and submission of
reports to the Director of the Office of Management and Budget (OMB).
\4\ Sec. 4(5) of the Defense Production Act Amendments of 2001
(Public Law 107-47; 115 Stat. 260) struck out ``Committee on Banking,
Finance and Urban Affairs of the House of Representatives'' and
inserted in lieu thereof ``Committee on Financial Services of the House
of Representatives''.
Previously, sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186)
provided that references to the Committee on Banking, Finance and Urban
Affairs of the House of Representatives shall be treated as referring
to the Committee on Banking and Financial Services of the House of
Representatives.
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(2) Duties of the secretary of commerce.--The
Secretary of Commerce (hereafter in this subsection
referred to as ``the Secretary'') shall--
(A) prepare the report required by paragraph
(1);
(B) consult with the Secretary of Defense,
the Secretary of the Treasury, the Secretary of
State, and the United States Trade
Representative in connection with the
preparation of such report; and
(C) function as the President's Executive
Agent for carrying out this section.
(b) \5\ Interagency Studies and Related Data.--
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\5\ Sec. 4(3) of the Defense Production Act Amendments of 1986
(Public Law 99-441; 100 Stat. 1117) added subsec. (b). Subsequently,
sec. 124 of Defense Production Act Amendments of 1992 (Public Law 102-
558; 106 Stat. 4207) amended and restated subsec. (b).
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(1) Purpose of report.--Each report required under
subsection (a) shall identify the cumulative effects of
offset agreements on--
(A) the full range of domestic defense
productive capability (with special attention
paid to the firms serving as lower-tier
subcontractors or suppliers); and
(B) the domestic defense technology base as a
consequence of the technology transfers
associated with such offset agreements.
(2) Use of data.--Data developed or compiled by any
agency while conducting any interagency study or other
independent study or analysis shall be made available
to the Secretary to facilitate the execution of the
Secretary's responsibilities with respect to trade
offset and countertrade policy development.
(c) Notice of Offset Agreements.--
(1) In general.--If a United States firm enters into
a contract for the sale of a weapons system or defense-
related item to a foreign country or foreign firm and
such contract is subject to an offset agreement
exceeding $5,000,000 in value, such firm shall furnish
to the official designated in the regulations
promulgated pursuant to paragraph (2) information
concerning such sale.
(2) Regulations.--The information to be furnished
under paragraph (1) shall be prescribed in regulations
promulgated by the Secretary. Such regulations shall
provide protection from public disclosure for such
information, unless public disclosure is subsequently
specifically authorized by the firm furnishing the
information.
(d) Contents of Report.--
(1) In general.--Each report under subsection (a)
shall include--
(A) a net assessment of the elements of the
industrial base and technology base covered by
the report;
(B) recommendations for appropriate remedial
action under the authority of this Act, or
other law or regulations;
(C) a summary of the findings and
recommendations of any interagency studies
conducted during the reporting period under
subsection (b);
(D) a summary of offset arrangements
concluded during the reporting period for which
information has been furnished pursuant to
subsection (c); and
(E) a summary and analysis of any bilateral
and multilateral negotiations relating to the
use of offsets completed during the reporting
period.
(2) Alternative findings and recommendations.--Each
report required under this section shall include any
alternative findings or recommendations offered by any
departmental Secretary, agency head, or the United
States Trade Representative to the Secretary.
(e) Utilization of Annual Report in Negotiations.--The
findings and recommendations of the reports required by
subsection (a), and any interagency reports and analyses shall
be considered by representatives of the United States during
bilateral and multilateral negotiations to minimize the adverse
effects of offsets.
f. Declaration and Report on Offset Policy
Partial text of Public Law 102-558 [Defense Production Act Amendments
of 1992; S. 347], 106 Stat. 4198, approved October 28, 1992
AN ACT To amend the Defense Production Act of 1950 to revitalize the
defense industrial base of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Defense
Production Act Amendments of 1992''.
(b) Table of Contents.--* * *
* * * * * * *
SEC. 123.\1\ DECLARATION OF OFFSET POLICY.
(a) In General.--Recognizing that certain offsets for
military exports are economically inefficient and market
distorting, and mindful of the need to minimize the adverse
effects of offsets in military exports while ensuring that the
ability of United States firms to compete for military export
sales is not undermined, it is the policy of the Congress
that--
---------------------------------------------------------------------------
\1\ 50 U.S.C. app. 2099 note.
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(1) no agency of the United States Government shall
encourage, enter directly into, or commit United States
firms to any offset arrangement in connection with the
sale of defense goods or services to foreign
governments;
(2) United States Government funds shall not be used
to finance offsets in security assistance transactions,
except in accordance with policies and procedures that
were in existence on March 1, 1992;
(3) nothing in this section shall prevent agencies of
the United States Government from fulfilling
obligations incurred through international agreements
entered into before March 1, 1992; and
(4) the decision whether to engage in offsets, and
the responsibility for negotiating and implementing
offset arrangements reside with the companies involved.
(b) Presidential Approval of Exceptions.--It is the policy
of the Congress that the President may approve an exception to
the policy stated in subsection (a) after receiving the
recommendation of the National Security Council.
(c) Consultation.--It is the policy of the Congress that
the President shall designate the Secretary of Defense to lead,
in coordination with the Secretary of State, an interagency
team to consult with foreign nations on limiting the adverse
effects of offsets in defense procurement. The President shall
transmit an annual report on the results of these consultations
to the Congress as part of the report required under section
309(a) of the Defense Production Act of 1950.\2\
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\2\ 50 U.S.C. app. 2099.
g. Export Administration Amendments Act of 1981
Partial text of Public Law 97-145 [H.R. 3567], 95 Stat. 1727, approved
December 29, 1981
AN ACT To authorize appropriations for the fiscal years 1982 and 1983
to carry out the purposes of the Export Administration Act of 1979, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Export Administration Amendments Act
of 1981''.
* * * * * * *
SEC. 7.\1\ Notwithstanding any other provision of law, no
provision of the Export Administration Act of 1979, as amended
by this Act, or of any other Act shall be construed to prohibit
the exercise of authorities contained in the Export
Administration Act of 1979 to impose a total embargo in the
event of Soviet or Warsaw Pact military action against Poland.
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\1\ 50 U.S.C. app. 2405 note.
h. Continuation of Export Control Regulations
Executive Order 13222,\1\ August 17, 2001, 59 F.R. 43437, 50 U.S.C.
1701 note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including but not limited to section 203 of the International
Emergency Economic Powers Act (``Act'') (50 U.S.C. 1702), I,
GEORGE W. BUSH, President of the United States of America, find
that the unrestricted access of foreign parties to U.S. goods
and technology and the existence of certain boycott practices
of foreign nations, in light of the expiration of the Export
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et
seq.), constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States and hereby declare a national emergency with respect to
that threat.
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\1\ The Export Administration Act of 1979 expired on September 30,
1990. To continue export control regulations governed by the Act, the
President issued Executive Order 12730 (September 30, 1990; 55 F.R.
40373), which in turn was extended by a Presidential Notice of
September 26, 1991 (56 F.R. 49385), and further extended by Notice of
September 25, 1992 (57 F.R. 44649).
Sec. 2 of Public Law 103-10 (107 Stat. 40) renewed the authority of
the Act through June 30, 1994, effective March 27, 1993, and authorized
funds for fiscal years 1993 and 1994. Subsequently, sec. 1 of Executive
Order 12867 of September 30, 1993 (58 F.R. 51747) rescinded Executive
Order 12730.
On the day the Act was once again set to expire, June 30, 1994, the
President issued Executive Order 12923 (59 F.R. 34551) to continue the
provisions of the Act and provisions for its administration.
Subsequently, Public Law 103-277 (108 Stat. 1407; enacted July 5, 1994)
renewed the authority of the Export Administration Act through August
20, 1994. Near that expiration, the President issued Executive Order
12924 (August 19, 1994; 59 F.R. 43437) to continue the authorities in
the Act and to revoke Executive Order 12923.
Executive Order 12924 was continued beyond August 19, 1995, by a
Notice of August 15, 1995 (60 F.R. 42767); Notice of August 14, 1996
(61 F.R. 42527); Notice of August 13, 1997 (62 F.R. 43629); Notice of
August 13, 1998 (63 F.R. 44119); Notice of August 10, 1999 (64 F.R.
44101); and by Notice of August 3, 2000 (65 F.R. 48347).
The Export Administration Act of 1979 was extended to August 20,
2001 by Public Law 106-508. The President, in issuing Executive Order
13206 of April 4, 2001 (66 F.R. 18397) revoked Executive Order 12924.
The Act subsequently expired; the President issued this Executive Order
to continue its authority.
In light of the expiration of the Act on August 20, 2001, in
Executive Order 13222 of August 17, 2001 (66 F.R. 44025), the President
continued the authority of the Act, effective midnight August 21, 2001.
The authority of the Act was further continued by Notice of August 14,
2002 (67 F.R. 53719); Notice of August 7, 2003 (68 F.R. 47831); Notice
of August 6, 2004 (69 F.R. 48763); and by Notice of August 2, 2005 (70
F.R. 45273).
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Accordingly, in order (a) to exercise the necessary
vigilance over exports and activities affecting the national
security of the United States; (b) to further significantly the
foreign policy of the United States, including its policy with
respect to cooperation by U.S. persons with certain foreign
boycott activities, and to fulfill its international
responsibilities; and (c) to protect the domestic economy from
the excessive drain of scarce materials and reduce the serious
economic impact of foreign demand, it is hereby ordered as
follows:
Section 1. To the extent permitted by law, the provisions
of the Export Administration Act of 1979, as amended, and the
provisions for administration of the Export Administration Act
of 1979, as amended, shall be carried out under this order so
as to continue in full force and effect and amend, as
necessary, the export control system heretofore maintained by
the Export Administration regulations issued under the Export
Administration Act of 1979, as amended. The delegations of
authority set forth in Executive Order No. 12002 of July 7,
1977, as amended, by Executive Order No. 12755 of March 12,
1991, and Executive Order 13026 of November 15, 1996; Executive
Order No. 12214 of May 2, 1980; Executive Order No. 12735 of
November 16, 1990; and Executive Order 12851 of June 11, 1993,
shall be incorporated in this order and shall apply to the
exercise of authorities under this order. All actions under
this order shall be in accordance with Presidential directives
relating to the export control system heretofore issued and not
revoked.
Sec. 2. All rules and regulations issued or continued in
effect by the Secretary of Commerce under the authority of the
Export Administration Act of 1979, as amended, including those
published in Title 15, Subtitle B, Chapter VII, Subchapter C,
of the Code of Federal Regulations, Parts 730 through 774, and
all orders, regulations, licenses, and other forms of
administrative action issued, taken, or continued in effect
pursuant thereto, shall, until amended or revoked by the
Secretary of Commerce, remain in full force and effect as if
issued or taken pursuant to this order, except that the
provisions of sections 203(b)(2) and 206 of the Act (50 U.S.C.
1702(b)(2) and 1705) shall control over any inconsistent
provisions in the regulations. Nothing in this section shall
affect the continued applicability of administrative sanctions
provided for by the regulations described above.
Sec. 3. Provisions for administration of section 38(e) of
the Arms Export Control Act (22 U.S.C. 2778(e)) may be made and
shall continue in full force and effect until amended or
revoked under the authority of section 203 of the Act (50
U.S.C. 1702). To the extent permitted by law, this order also
shall constitute authority for the issuance and continuation in
full force and effect of all rules and regulations by the
President or his delegate, and all orders, licenses, and other
forms of administrative actions issued, taken, or continued in
effect pursuant thereto, relating to the administration of
section 38(e).
Sec. 4. This order shall be effective as of midnight
between August 20, 2001 and August 21, 2001, eastern daylight
time.
i. Administration of Export Controls on Encryption Products
Executive Order 13026, November 15, 1996, 61 F.R. 58767, 50 U.S.C. app.
2403 note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including but not limited to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), and in order to
take additional steps with respect to the national emergency
described and declared in Executive Order 12924 of August 19,
1994, and continued on August 15, 1995, and on August 14, 1996,
I, WILLIAM J. CLINTON, President of the United States of
America, have decided that the provisions set forth below shall
apply to administration of the export control system maintained
by the Export Administration Regulations, 15 CFR Part 730 et
seq. (``the EAR''). Accordingly, it is hereby ordered as
follows:
Section 1. Treatment of Encryption Products. In order to
provide for appropriate controls on the export and foreign
dissemination of encryption products, export controls of
encryption products that are or would be, on this date,
designated as defense articles in Category XIII of the United
States Munitions List and regulated by the United States
Department of State pursuant to the Arms Export Control Act, 22
U.S.C. 2778 et seq. (``the AECA''), but that subsequently are
placed on the Commerce Control List in the EAR, shall be
subject to the following conditions: (a) I have determined that
the export of encryption products described in this section
could harm national security and foreign policy interests even
where comparable products are or appear to be available from
sources outside the United States, and that facts and questions
concerning the foreign availability of such encryption products
cannot be made subject to public disclosure or judicial review
without revealing or implicating classified information that
could harm United States national security and foreign policy
interests. Accordingly, sections 4(c) and 6(h)(2)-(4) of the
Export Administration Act of 1979 (``the EAA''), 50 U.S.C. App.
2403(c) and 2405(h)(2)-(4), as amended and as continued in
effect by Executive Order 12924 of August 19, 1994, and by
notices of August 15, 1995, and August 14, 1996, all other
analogous provisions of the EAA relating to foreign
availability, and the regulations in the EAR relating to such
EAA provisions, shall not be applicable with respect to export
controls on such encryption products. Notwithstanding this, the
Secretary of Commerce (``Secretary'') may, in his discretion,
consider the foreign availability of comparable encryption
products in determining whether to issue a license in a
particular case or to remove controls on particular products,
but is not required to issue licenses in particular cases or to
remove controls on particular products based on such
consideration;
(b) Executive Order 12981, as amended by Executive Order
13020 of October 12, 1996, is further amended as follows: * * *
\1\
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\1\ For Executive Order 12981 as amended, see page 1444.
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(c) Because the export of encryption software, like the
export of other encryption products described in this section,
must be controlled because of such software's functional
capacity, rather than because of any possible informational
value of such software, such software shall not be considered
or treated as ``technology,'' as that term is defined in
section 16 of the EAA (50 U.S.C. App. 2415) and in the EAR (61
Fed. Reg. 12714, March 25, 1996);
(d) With respect to encryption products described in this
section, the Secretary shall take such actions, including the
promulgation of rules, regulations, and amendments thereto, as
may be necessary to control the export of assistance (including
training) to foreign persons in the same manner and to the same
extent as the export of such assistance is controlled under the
AECA, as amended by section 151 of Public Law 104-164 (110
Stat. 1437);
(e) Appropriate controls on the export and foreign
dissemination of encryption products described in this section
may include, but are not limited to, measures that promote the
use of strong encryption products and the development of a key
recovery management infrastructure; and
(f) Regulation of encryption products described in this
section shall be subject to such further conditions as the
President may direct.
Sec. 2. Effective Date. The provisions described in section
1 shall take effect as soon as any encryption products
described in section 1 are placed on the Commerce Control List
in the EAR.
Sec. 3. Judicial Review. This order is intended only to
improve the internal management of the executive branch and to
ensure the implementation of appropriate controls on the export
and foreign dissemination of encryption products. It is not
intended to, and does not, create any rights to administrative
or judicial review, or any other right or benefit or trust
responsibility, substantive or procedural, enforceable by a
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
j. Administration of Export Controls
Executive Order 12981, December 5, 1995, 60 F.R. 62981, 50 U.S.C. app
2403 note; amended by Executive Order 13020, October 12, 1996, 61 F.R.
54079; Executive Order 13026, November 15, 1996, 61 F.R. 58767; and
Executive Order 13117, March 31, 1999, 64 F.R. 16591
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including but not limited to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et. seq.) (``the Act''),
and in order to take additional steps with respect to the
national emergency described and declared in Executive Order
No. 12924 of August 19, 1994, and continued on August 15, 1995,
I, WILLIAM J. CLINTON, President of the United States of
America, find that it is necessary for the procedures set forth
below to apply to export license applications submitted under
the Act and the Export Administration Regulations (15 C.F.R.
Part 730 et. seq.) (``the Regulations'') or under any renewal
of, or successor to, the Export Administration Act of 1979, as
amended (50 U.S.C. App. 2401 et. seq.) (``the Export
Administration Act''), and the Regulations. Accordingly, it is
hereby ordered as follows:
Section 1. License Review. To the extent permitted by law
and consistent with Executive Order No. 12924 of August 19,
1994, the power, authority, and discretion conferred upon the
Secretary of Commerce (``the Secretary'') under the Export
Administration Act to require, review, and make final
determinations with regard to export licenses, documentation,
and other forms of information submitted to the Department of
Commerce pursuant to the Act and the Regulations or under any
renewal of, or successor to, the Export Administration Act and
the Regulations, with the power of successive redelegation,
shall continue. The Departments of State, Defense, and
Energy\1\ each shall have the authority to review any export
license application submitted to the Department of Commerce
pursuant to the Act and the Regulations or under any renewal
of, or successor to, the Export Administration Act and the
Regulations. The Secretary may refer license applications to
other United States Government departments or agencies for
review as appropriate. In the event that a department or agency
determines that certain types of applications need not be
referred to it, such department or agency shall notify the
Department of Commerce as to the specific types of such
applications that it does not wish to review. All departments
or agencies shall promptly respond, on a case-by-case basis, to
requests from other departments or agencies for historical
information relating to past license applications.
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\1\ Sec. 1 of Executive Order 13117 (March 31, 1999, 64 F.R. 16591)
struck out ``, and the Arms Control and Disarmament Agency''.
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Sec. 2. Determinations. (a) All license applications
submitted under the Act and the Regulations or any renewal of,
or successor to, the Export Administration Act and the
Regulations, shall be resolved or referred to the President no
later than 90 calendar days after registration of the completed
license application.
(b) The following actions related to processing a license
application submitted under the Act and the Regulations or any
renewal of, or successor to, the Export Administration Act and
the Regulations shall not be counted in calculating the time
periods prescribed in this order:
(1) Agreement of the Applicant. Delays upon which the
Secretary and the applicant mutually agree.
(2) Prelicense Checks. Prelicense checks through
government channels that may be required to establish
the identity and reliability of the recipient of items
controlled under the Act and the Regulations or any
renewal of, or successor to, the Export Administration
Act and the Regulations, provided that:
(A) the need for such prelicense check is
established by the Secretary, or by another
department or agency if the request for
prelicense check is made by such department or
agency;
(B) the Secretary requests the prelicense
check within 5 days of the determination that
it is necessary; and
(C) the Secretary completes the analysis of
the result of the prelicense check within 5
days.
(3) Requests for Government-To-Government Assurances.
Requests for government-to-government assurances of
suitable end-use of items approved for export under the
Act and the Regulations or any renewal of, or successor
to, the Export Administration Act and the Regulations,
when failure to obtain such assurances would result in
rejection of the application, provided that:
(A) the request for such assurances is sent
to the Secretary of State within 5 days of the
determination that the assurances are required;
(B) the Secretary of State initiates the
request of the relevant government within 10
days thereafter; and
(C) the license is issued within 5 days of
the Secretary's receipt of the requested
assurances. Whenever such prelicense checks and
assurances are not requested within the time
periods set forth above, they must be
accomplished within the time periods
established by this section.
(4) Multilateral Reviews. Multilateral review of a
license application as provided for under the Act and
the Regulations or any renewal of, or successor to, the
Export Administration Act and the Regulations, as long
as multilateral review is required by the relevant
multilateral regime.
(5) Consultations. Consultation with other
governments, if such consultation is provided for by a
relevant multilateral regime or bilateral arrangement
as a precondition for approving a license.
Sec. 3. Initial Processing. Within 9 days of registration
of any license application, the Secretary shall, as
appropriate:
(a) request additional information from the
applicant. The time required for the applicant to
supply the additional information shall not be counted
in calculating the time periods prescribed in this
section.
(b) refer the application and pertinent information
to agencies or departments as stipulated in section 1
of this order, and forward to the agencies any relevant
information submitted by the applicant that could not
be reduced to electronic form.
(c) assure that the stated classification on the
application is correct; return the application if a
license is not required; and, if referral to other
departments or agencies is not required, grant the
application or notify the applicant of the Secretary's
intention to deny the application.
Sec. 4. Department or Agency Review. (a) Each reviewing
department or agency shall specify to the Secretary, within 10
days of receipt of a referral as specified in subsection 3(b),
any information not in the application that would be required
to make a determination, and the Secretary shall promptly
request such information from the applicant. If, after receipt
of the information so specified or other new information, a
reviewing department or agency concludes that additional
information would be required to make a determination, it shall
promptly specify that additional information to the Secretary,
and the Secretary shall promptly request such information from
the applicant. The time that may elapse between the date the
information is requested by the reviewing department or agency
and the date the information is received by the reviewing
department or agency shall not be counted in calculating the
time periods prescribed in this order. Such information
specified by reviewing departments or agencies is in addition
to any information that may be requested by the Department of
Commerce on its own initiative during the first 9 days after
registration of an application.
(b) Within 30 days of receipt of a referral and all
required information, a department or agency shall provide the
Secretary with a recommendation either to approve or deny the
license application. As appropriate, such recommendation may be
with the benefit of consultation and discussions in interagency
groups established to provide expertise and coordinate
interagency consultation. A recommendation that the Secretary
deny a license shall include a statement of the reasons for
such recommendation that are consistent with the provisions of
the Act and the Regulations or any renewal of, or successor to,
the Export Administration Act and the Regulations and shall
cite both the statutory and the regulatory bases for the
recommendation to deny. A department or agency that fails to
provide a recommendation within 30 days with a statement of
reasons and the statutory and regulatory bases shall be deemed
to have no objection to the decision of the Secretary.
Sec. 5. Interagency Dispute Resolution. (a) Committees.
(1)(A) Export Administration Review Board. The Export
Administration Review Board (``the Board''), which was
established by Executive Order No. 11533 of June 4, 1970, and
continued in Executive Order No. 12002 of July 7, 1977, is
hereby continued. The Board shall have as its members, the
Secretary, who shall be Chair of the Board, the Secretary of
State, the Secretary of Defense and the Secretary of Energy.\2\
The Chairman of the Joint Chiefs of Staff and the Director of
Central Intelligence shall be nonvoting members of the Board.
No alternate Board members shall be designated, but the acting
head or deputy head of any member department or agency may
serve in lieu of the head of the concerned department or
agency. The Board may invite the heads of other United States
Government departments or agencies, other than the departments
or agencies represented by the Board members, to participate in
the activities of the Board when matters of interest to such
departments or agencies are under consideration.
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\2\ Sec. 3 of Executive Order 13117 (March 31, 1999; 64 F.R. 16591)
inserted ``and'' after ``the Secretary of Defense'' and before ``the
Secretary of Energy'', and struck out ``, and the Director of the Arms
Control and Disarmament Agency''.
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(B) The Secretary may, from time to time, refer to the
Board such particular export license matters, involving
questions of national security or other major policy issues, as
the Secretary shall select. The Secretary shall also refer to
the Board any other such export license matter, upon the
request of any other member of the Board or the head of any
other United States Government department or agency having any
interest in such matter. The Board shall consider the matters
so referred to it, giving due consideration to the foreign
policy of the United States, the national security, the
domestic economy, and concerns about the proliferation of
armaments, weapons of mass destruction, missile delivery
systems, and advanced conventional weapons and shall make
recommendations thereon to the Secretary.
(2) Advisory Committee on Export Policy. An Advisory
Committee on Export Policy (``ACEP'') is established and shall
have as its members the Assistant Secretary of Commerce for
Export Administration, who shall be Chair of the ACEP, and
Assistant Secretary-level representatives of the Departments of
State, Defense, and Energy.\3\ Appropriate representatives of
the Joint Chiefs of Staff and of the Nonproliferation Center of
the Central Intelligence Agency shall be nonvoting members of
the ACEP. Representatives of the departments or agencies shall
be the appropriate Assistant Secretary or equivalent (or
appropriate acting Assistant Secretary or equivalent in lieu of
the Assistant Secretary or equivalent) of the concerned
department or agency, or appropriate Deputy Assistant Secretary
or equivalent (or the appropriate acting Deputy Assistant
Secretary or equivalent in lieu of the Deputy Assistant
Secretary or equivalent) of the concerned department or agency.
Regardless of the department or agency representative's rank,
such representative shall speak and vote at the ACEP on behalf
of the appropriate Assistant Secretary or equivalent of such
department or agency. The ACEP may invite Assistant Secretary-
level representatives of other United States Government
departments or agencies, other than the departments and
agencies represented by the ACEP members, to participate in the
activities of the ACEP when matters of interest to such
departments or agencies are under consideration.
---------------------------------------------------------------------------
\3\ Sec. 4 of Executive Order 13117 (March 31, 1999; 64 F.R. 16591)
struck out ``, and the Arms Control and Disarmament Agency''.
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(3)(A) Operating Committee. An Operating Committee (``OC'')
of the ACEP is established. The Secretary shall appoint its
Chair, who shall also serve as Executive Secretary of the ACEP.
Its other members shall be representatives of appropriate
agencies in the Departments of Commerce, State, Defense, and
Energy, and the Arms Control and Disarmament
Agency. The appropriate representatives of the Joint Chiefs of
Staff and the Nonproliferation Center of the Central
Intelligence Agency shall be nonvoting members of the OC. The
OC may invite representatives of other United States Government
departments or agencies, other than the departments and
agencies represented by the OC members, to participate in the
activities of the OC when matters of interest to such
departments or agencies are under consideration.
(B) \4\ The OC shall review all license applications on
which the reviewing departments and agencies are not in
agreement. The Chair of the OC shall consider the
recommendations of the reviewing departments and agencies and
inform them of his or her decision on any such matters within
14 days after the deadline for receiving department and agency
recommendations. However, for license applications concerning
commercial communication satellites and hot-section
technologies for the development, production, and overhaul of
commercial aircraft engines that are transferred from the
regulations issued by the Departments of Commerce and State
after the date of this order, the Chair of the OC shall inform
reviewing departments and agencies of the majority vote
decision of the OC. As described below, any reviewing
department or agency may appeal the decision of the Chair of
the OC, or the majority vote decision of the OC in cases
concerning the commercial communication satellites and hot-
section technologies described above, to the Chair of the ACEP.
In the absence of a timely appeal, the Chair's decision (or the
majority vote decision in the case of license applications
concerning the commercial communication satellites and hot-
section technologies described above) will be final.
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\4\ Sec. 1(a) of Executive Order 13020 (October 12, 1996; 61 F.R.
54079) amended and restated subpara. (B). Subpara. (B) formerly read as
follows:
``(B) The OC shall review all license applications on which the
reviewing departments and agencies are not in agreement. The Chair of
the OC shall consider the recommendations of the reviewing departments
and agencies and inform them of his or her decision on any such matters
within 14 days after the deadline for receiving department and agency
recommendations. As described below, any reviewing department or agency
may appeal the decision of the Chair of the OC to the Chair of the
ACEP. In the absence of a timely appeal, the Chair's decision will be
final.''.
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(b) Resolution Procedures. (1) \5\ If any department or
agency disagrees with a licensing determination of the
Department of Commerce made through the Chair of the OC (or a
majority vote decision of the OC in the case of license
applications concerning the commercial communication satellites
and the hot-section technologies described in section
5(a)(3)(B)), it may appeal the matter to the ACEP for
resolution. A department or agency must appeal a matter within
5 days of such a decision. Appeals must be in writing from an
official appointed by the President, by and with the advice and
consent of the Senate, or an officer properly acting in such
capacity, and must cite both the statutory and the regulatory
bases for the appeal. The ACEP shall review all departments'
and agencies' information and recommendations, and the Chair of
the ACEP shall inform the reviewing departments and agencies of
the majority vote decision of the ACEP within 11 days from the
date of receiving notice of the appeal. Within 5 days of the
majority vote decision, any dissenting department or agency may
appeal the decision by submitting a letter from the head of the
department or agency to the Secretary in his or her capacity as
the Chair of the Board. Such letter shall cite both the
statutory and the regulatory bases for the appeal. Within the
same 5-day period, the Secretary may call a meeting on his or
her own initiative to consider a license application. In the
absence of a timely appeal, the majority vote decision of the
ACEP shall be final.
---------------------------------------------------------------------------
\5\ Sec. 1(b) of Executive Order 13020 (October 12, 1996; 61 F.R.
54079) amended and restated para. (1). Para. (1) formerly read as
follows: ``(1) If any department or agency disagrees with a licensing
determination of the Department of Commerce made through the OC, it may
appeal the matter to the ACEP for resolution. A department or agency
must appeal a matter within 5 days of such a decision. Appeals must be
in writing from an official appointed by the President by and with the
advice and consent of the Senate, or an officer properly acting in such
capacity, and must cite both the statutory and the regulatory bases for
the appeal. The ACEP shall review all departments' and agencies'
information and recommendations, and the Chair of the ACEP shall inform
the reviewing departments and agencies of the majority vote decision of
the ACEP within 11 days from the date of receiving notice of the
appeal. Within 5 days of the majority vote decision, any dissenting
department or agency may appeal the decision by submitting a letter
from the head of the department or agency to the Secretary in his or
her capacity as the Chair of the Board. Such letter shall cite both the
statutory and the regulatory bases for the appeal. Within the same
period of time, the Secretary may call a meeting on his or her own
initiative to consider a license application. In the absence of a
timely appeal, the majority vote decision of the ACEP shall be
final.''.
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(2) The Board shall review all departments' and agencies'
information and recommendations, and such other export control
matters as may be appropriate. The Secretary shall inform the
reviewing departments and agencies of the majority vote of the
Board within 11 days from the date of receiving notice of
appeal. Within 5 days of the decision, any department or agency
dissenting from the majority vote decision of the Board may
appeal the decision by submitting a letter from the head of the
dissenting department or agency to the President. In the
absence of a timely appeal, the majority vote decision of the
Board shall be final.
Sec. 6.\6\ Encryption Products. In conducting the license
review described in section 1 above, with respect to export
controls of encryption products that are or would be, on
November 15, 1996, designated as defense articles in Category
XIII of the United States Munitions List and regulated by the
United States Department of State pursuant to the Arms Export
Control Act, 22 U.S.C. 2778 et seq., but that subsequently are
placed on the Commerce Control List in the Export
Administration Regulations, the Departments of State, Defense,
Energy, and Justice shall have the opportunity to review any
export license application submitted to the Department of
Commerce.\7\ The Department of Justice shall, with respect to
such encryption products, be a voting member of the Export
Administration Review Board described in section 5(a)(1) of
this order and of the Advisory Committee on Export Policy
described in section 5(a)(2) of this order. The Department of
Justice shall be a full member of the Operating Committee of
the ACEP described in section 5(a)(3) of this order, and of any
other committees and consultation groups reviewing export
controls with respect to such encryption products.
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\6\ Sec. 1(b) of Executive Order 13026 (November 15, 1996; 61 F.R.
58767) redesignated secs. 6 and 7 as secs. 7 and 8, and added a new
sec. 6.
\7\ Sec. 5 of Executive Order 13117 (March 31, 1999; 64 F.R. 16591)
struck out ``, and the Arms Control and Disarmament Agency''.
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Sec. 7.\6\ The license review process in this order shall
take effect beginning with those license applications
registered by the Secretary 60 days after the date of this
order and shall continue in effect to the extent not
inconsistent with any renewal of the Export Administration Act,
or with any successor to that Act.
Sec. 8.\6\ Judicial Review. This order is intended only to
improve the internal management of the executive branch and is
not intended to, and does not, create any rights to
administrative or judicial review, or any other right or
benefit or trust responsibility, substantive or procedural,
enforceable by a party against the United States, its agencies
or instrumentalities, its officers or employees, or any other
person.
k. Administration of the Export Administration Act of 1979
Executive Order 12214, May 2, 1980, 45 F.R. 29783, 50 U.S.C. app. 2403
note
By the authority vested in me as President of the United
States of America by Section 4(e) of the Export Administration
Act of 1979 (Public Law 96-72; 50 U.S.C. App. 2403(e)), is it
hereby ordered as follows;
1-101. Except as provided in Section 1-102, the functions
conferred upon the President by the provisions of the Export
Administration Act of 1979, hereinafter referred to as the Act
(Public Law 96-72; 50 U.S.C. App. 2401 et seq.), are delegated
to the Secretary of Commerce.
1-102. (a) The functions conferred upon the President by
Sections 4(e), 5(c), 5(f)(1), 5(h)(6), 6(k), 7(d)(2), 10(g) and
20 of the Act are reserved to the President.
(b) The functions conferred upon the President by Sections
5(f)(4), 5(i), and 6(g) of the Act are delegated to the
Secretary of State.
1-103. All delegations, rules, regulations, orders,
licenses, and other forms of administrative action made, issued
or otherwise taken under, or continued in existence by, Section
21 of the Act or Executive Order No. 12002, and not revoked
administratively or legislatively, shall remain in full force
and effect until amended, modified, or terminated by proper
authority. This Order does not supersede or otherwise affect
Executive Order No. 12002.
1-104. Except to the extent inconsistent with this Order,
all actions previously taken pursuant to any function delegated
or assigned by this Order shall be deemed to have been taken
and authorized by this Order.
l. The President's Export Council
Executive Order 12131,\1\ May 4, 1979, 44 F.R. 26841; as amended by
Executive Order 12551, February 21, 1986, 51 F.R. 6509; and Executive
Order 12991, March 6, 1995, 61 F.R. 9587
By the authority vested in me as President by the
Constitution and statutes of the United States of America, and
in order to expand the membership of the President's Export
Council, in accord with the provisions of the Federal Advisory
Committee Act (5 U.S.C. App. I), it is hereby ordered as
follows:
---------------------------------------------------------------------------
\1\ 50 U.S.C. app. 2401 note.
---------------------------------------------------------------------------
1-1. Establishment and Membership.
1-101. There is established the President's Export Council.
1-102. The membership of the Council shall be as follows:
(a) The heads of the following Executive agencies or their
representatives:
(1) Department of State.
(2) Department of the Treasury.
(3) Department of Agriculture.
(4) Department of Commerce.
(5) Department of Labor.
(6) Office of the Special Representative for Trade
Negotiations.
(7) Export-Import Bank of the United States.
(8) \2\ Small Business Administration.
---------------------------------------------------------------------------
\2\ Executive Order 12991 (61 F.R. 9587) added para. (8).
---------------------------------------------------------------------------
(b) \3\ Five members of the United States Senate,
designated by the President of the Senate, and five members of
the United States House of Representatives designated by the
Speaker of the House to serve for a two-year term.
---------------------------------------------------------------------------
\3\ Executive Order 12551 (51 F.R. 6509) increased membership from
each House of Congress from three to five and specified that members
serve for a 2-year term.
---------------------------------------------------------------------------
(c) Not to exceed 28 citizens appointed by the President.
These individuals shall be selected from those who are not
full-time Federal officers or employees. They shall include
representatives of business and industry, agriculture, and
labor.
1-103. The President shall designate a Chairman and a Vice
Chairman from among the members appointed by the President.
1-104. The Secretary of Commerce, with the concurrence of
the Chairman, shall appoint an Executive Director.
1-2. Functions.
1-201. The Council shall serve as a national advisory body
on matters relating to United States export trade, including
advice on the implementation of the President's National Export
Policy, which was announced on September 26, 1978. It shall,
through the Secretary of Commerce, report to the President on
its activities and on its recommendations for expanding United
States exports.
1-202. The Council should survey and evaluate the export
expansion activities of the communities represented by the
membership. It should identify and examine specific problems
which business, industrial, and agricultural practices may
cause for export trade, and examine the needs of business,
industry, and agriculture to expand their efforts. The Council
should recommend specific solutions to these problems and
needs.
1-203. The Council may act as liaison among the communities
represented by the membership; and, may provide a forum for
those communities on current and emerging problems and issues
in the field of export expansion. The Council should encourage
the business, industrial, and agricultural communities to enter
new foreign markets and to expand existing export programs.
1-204. The Council shall provide advice on Federal plans
and actions that affect export expansion policies which have an
impact on those communities represented by the membership.
1-205. The Council may establish, with the concurrence of
the Secretary of Commerce, an executive committee and such
other subordinate committees it considers necessary for the
performance of its functions. The Chairman of a subordinate
committee shall be designated, with the concurrence of the
Secretary of Commerce, by the Chairman of the Council from
among the membership of the Council. Members of subordinate
committees shall be appointed by the Secretary of Commerce.
1-3. Administrative Provisions.
1-301. The Secretary of Commerce shall, to the extent
permitted by law, provide the Council, including its executive
and subordinate committees, with administrative and staff
services, support and facilities as may be necessary for the
effective performance of its functions.
1-302. Each member of the Council, including its executive
and subordinate committees, who is not otherwise paid a salary
by the Federal Government, shall receive no compensation from
the United States by virtue of their service on the Council,
but all members may receive the transportation and travel
expenses, including per diem in lieu of subsistence, authorized
by law (5 U.S.C. 5702 and 5703).
1-4. General Provisions.
1-401. Notwithstanding the provisions of any other
Executive order, the functions of the President under the
Federal Advisory Committee Act (5 U.S.C. App. I), except that
of reporting annually to the Congress, which are applicable to
the Council, shall be performed by the Secretary of Commerce in
accordance with guidelines and procedures established by the
Administrator of General Services.
1-402. Executive Order No. 11753 is revoked; however,
nothing in this Order shall be deemed to require new charters
for the Council, including its executive and subordinate
committees, which were current immediately prior to the
issuance of this Order.
1-403. The Council shall terminate on December 31, 1980,
unless sooner extended.\4\
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\4\ The Council was continued until December 31, 1982 by sec. 1(l)
of Executive Order 12258, December 31, 1980, 46 F.R. 1251; until
September 30, 1984, by sec. 1(k) of Executive Order 12398, December 31,
1982, 48 F.R. 377; until September 30, 1985 by sec. 1(k) of Executive
Order 12489, September 28, 1984, 49 F.R. 38927; until September 30,
1987 by sec. 1(l) of Executive Order 12534, September 30, 1985, 50 F.R.
40319; until September 30, 1989, by sec. 1(j) of Executive Order 12610,
September 10, 1987, 52 F.R. 36901; until September 30, 1991, by sec.
1(j) of Executive Order 12692, September 29, 1989, 54 F.R. 40627; until
September 30, 1993, by sec. (1)(i) of Executive Order 12774, September
27, 1991, 56 F.R. 49835; until September 30, 1995 by sec. 1(i) of
Executive Order 12869, September 30, 1993, 58 F.R. 51751; until
September 30, 1997 by sec. 1(m) of Executive Order 12974, September 29,
1995, 60 F.R. 51875; until September 30, 1999, by sec. 1(m) of
Executive Order 13062, September 29, 1997, 62 F.R. 51755; until
September 30, 2001 by Executive Order 13138, September 30, 1999, 64
F.R. 53879; until September 30, 2003 by sec. 1(l) of Executive Order
13225, September 28, 2001, 66 F.R. 50291; until September 30, 2005 by
sec. 1(l) of Executive Order 13316, September 17, 2003, 68 F.R. 55255;
and until September 30, 2007 by sec. 1(n) of Executive Order 13385,
September 29, 2005, 70 F.R. 57989.
m. Administration of the Export Administration Act of 1969, as amended
\1\
Executive Order 12002, July 7, 1977, 42 F.R. 35623; as amended by
Executive Order 12755, March 12, 1991, 56 F.R. 11057; and Executive
Order 13286, February 28, 2003, 68 F.R. 10619
By virtue of the authority vested in me by the Constitution
and statutes of the United States of America, including Export
Administration Act of 1969, as amended (50 U.S.C. App. 2401, et
seq.), and as President of the United States of America, it is
hereby ordered as follows:
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\1\ When the Export Administration Act of 1969 expired on September
30, 1979, it was replaced by the Export Administration Act of 1979.
Sec. 21 of the 1979 Act provided that all orders (which would include
this Executive Order) issued under the 1969 Act and which were in force
on the effective date of the 1979 Act, would continue in effect until
modified, superseded, set aside, or revoked. Executive Order 12214 was
issued on May 2, 1980, providing for the administration of the Export
Administration Act of 1979. However, the new Executive Order stated
that it did not supersede or otherwise affect Executive Order 12002.
Authority of the Export Administration Act of 1979 expired on
September 30, 1990, pursuant to sec. 20 of that Act. Executive Order
12730 of September 30, 1990, provided for the continuation of export
control regulations until passage of an extension of the 1979 Act.
Public Law 103-10 (107 Stat. 40; March 27, 1993) renewed the authority
of the Act through June 30, 1994, effective March 27, 1993, and
authorized funds for fiscal years 1993 and 1994. Executive Order 12730
subsequently was rescinded by sec. 1 of Executive Order 12867 of
September 30, 1993 (58 F.R. 51747).
On the day the Act was once again set to expire, June 30, 1994, the
President issued Executive Order 12923 (59 F.R. 34551) to continue the
provisions of the Act and provisions for its administration.
Subsequently, Public Law 103-277 (108 Stat. 1407; enacted July 5, 1994)
renewed the authority of the Export Administration Act through August
20, 1994. Near that expiration, the President issued Executive Order
12924 (August 19, 1994; 59 F.R. 43437) to continue the authorities in
the Act.
Executive Order 12924 was continued beyond August 19, 1995, by a
Notice of August 15, 1995 (60 F.R. 42767); by Notice of August 14, 1996
(61 F.R. 42527); by Notice of August 13, 1997 (62 F.R. 43629); by
Notice of August 13, 1998 (63 F.R. 44119); by Notice of August 10, 1999
(64 F.R. 44101); and by Notice of August 3, 2000 (65 F.R. 48347).
The Export Administration Act of 1979 was extended to August 20,
2001 by Public Law 106-508. The President, in issuing Executive Order
13206 of April 4, 2001 (66 F.R. 18397) revoked Executive Order 12924.
The Act subsequently expired.
In light of the expiration of the Act on August 20, 2001, in
Executive Order 13222 of August 17, 2001 (66 F.R. 44025), the President
continued the authority of the Act, effective midnight August 21, 2001.
The authority of the Act was further continued by Notice of August 14,
2002 (67 F.R. 53719); by Notice of August 7, 2003 (68 F.R. 47831); by
Notice of August 6, 2004 (69 F.R. 48763); and by Notice of August 2,
2005 (70 F.R. 45273).
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Section 1. Except as provided in Section 2, the power,
authority, and discretion conferred upon the President by the
provisions of the Export Administration Act of 1969, as amended
(50 U.S.C. App. 2401, et seq.) hereinafter referred to as the
Act, are delegated to the Secretary of Commerce, with the power
of successive redelegation.
Sec. 2. (a) The power, authority and discretion conferred
upon the President in Sections 4(h) and 4(l) of the Act are
retained by the President.
(b) The power, authority and discretion conferred upon the
President in Section 3(8) of the Act, which directs that every
reasonable effort be made to secure the removal of reduction of
assistance by foreign countries to international terrorists
through cooperation and agreement, are delegated to the
Secretary of State, with the power of successive redelegation.
Sec. 3.\2\ The Export Administration Review Board,
hereinafter referred to as the Board, which was established by
Executive Order No. 11533 of June 4, 1970, as amended, is
hereby continued. The Board shall continue to have as its
members, the Secretary of Commerce, who shall be Chairman of
the Board, the Secretary of State, and the Secretary of
Defense. The Secretary of Energy, the Secretary of Homeland
Security,\3\ and the Director of the United States Arms Control
and Disarmament Agency shall be members of the Board, and shall
participate in meetings that consider issues involving
nonproliferation of armaments and other issues within their
respective statutory and policy-making authorities. The
Chairman of the Joint Chiefs of Staff and the Director of
Central Intelligence shall be non-voting members of the Board.
No alternate Board members shall be designated, but the acting
head or deputy head of any department or agency may serve in
lieu of the head of the concerned department or agency. The
Board may invite the heads of other United States Government
departments or agencies, other than the agencies represented by
Board members, to participate in the activities of the Board
when matters of interest to such departments or agencies are
under consideration.''.
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\2\ Sec. 1 of Executive Order 12755 of March 12, 1991 (56 F.R.
11057) amended and restated sec. 3.
\3\ Sec. 54 of Executive Order 13286 inserted ``, the Secretary of
Homeland Security,''.
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Sec. 4. The Secretary of Commerce may from time to time
refer to the Board such particular export license matters,
involving questions of national security or other major policy
issues, as the Secretary shall select. The Secretary of
Commerce shall also refer to the Board any other such export
license matter, upon the request of any other member of the
Board or of the head of any other United States Government
department or agency having any interest in such matter. The
Board shall consider the matters so referred to it, giving due
consideration to the foreign policy of the United States, the
national security, concerns about the nonproliferation of
armaments,\4\ and the domestic economy, and shall make
recommendation thereon to the Secretary of Commerce.
---------------------------------------------------------------------------
\4\ Sec. 2 of Executive Order 12755 of March 12, 1991 (56 F.R.
11057) inserted ``concerns about the nonproliferation of armaments,''.
---------------------------------------------------------------------------
Sec. 5. The President may at any time (a) prescribe rules
and regulations applicable to the power, authority, and
discretion referred to in this Order, and (b) communicate to
the Secretary of Commerce such specific directives applicable
thereto as the President shall determine. The Secretary of
Commerce shall from time to time report to the President upon
the administration of the Act and, as the Secretary deems
necessary, may refer to the President recommendations made by
the Board under Section 4 of this Order. Neither the provisions
of this section nor those of Section 4 shall be construed as
limiting the provisions of Section 1 of this Order.
Sec. 6. All delegations, rules, regulations, orders,
licenses, and other forms of administrative action made,
issued, or otherwise taken under, or continued in existence by,
the Executive orders revoked in Section 7 of this Order, and
not revoked administratively or legislatively, shall remain in
full force and effect under this Order until amended, or
terminated by proper authority. The revocations in Section 7 of
this Order shall not affect any violation of any rules,
regulations, orders, licenses or other forms of administrative
action under those Orders during the period those Orders were
in effect.
Sec. 7. Executive Order No. 11533 of June 4, 1970,
Executive Order No. 11683 of August 29, 1972, Executive Order
No. 11798 of August 14, 1974, Executive Order No. 11818 of
November 5, 1974, Executive Order No. 11907 of March 1, 1976,
and Executive Order No. 11940 of September 30, 1976, are hereby
revoked.
5. International Economic Sanctions \1\
a. Trading With the Enemy Act, as amended
Partial text of Public Law 65-91 [H.R. 4960], 40 Stat. 411, approved
October 6, 1917; as amended by Public Law 65-217 [H.R. 12923], 40 Stat.
966, approved September 24, 1918; Public Law 73-1 [H.R. 1491], 48 Stat.
1, approved March 9, 1933; Public Resolution 76-69 [S.J. Res. 252], 54
Stat. 179, approved May 7, 1940; Public Law 77-354 [H.R. 6233], 55
Stat. 839, approved December 18, 1941; Presidential Proclamation 2695,
effective July 4, 1946, 60 Stat. 1352; Public Law 95-223 [International
Emergency Economic Powers Act; H.R. 7738], 91 Stat. 1625, approved
December 28, 1977; Public Law 99-93 [Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 449, approved
August 16, 1985; Public Law 100-418 [Omnibus Trade and Competitiveness
Act of 1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988;
Public Law 102-393 [Treasury, Postal Service, and General Government
Appropriations Act, 1993; H.R. 5488], 106 Stat. 1729, approved October
6, 1992; Public Law 102-484 [National Defense Authorization Act for
Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
1992; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30,
1994; and Public Law 104-114 [Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March 12,
1996
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That \2\
this Act shall be known as the ``Trading with the enemy \3\
Act''.
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\1\ In previous years this section has included legislation and
Executive Orders relating to proliferation sanctions. The
proliferation/nonproliferation legislation is consolidated in
Legislation on Foreign Relations Through 2005, vol. II-B.
\2\ 50 U.S.C. app. 1.
\3\ So in original.
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Sec. 2.\4\ That the word ``enemy,'' as used herein, shall
be deemed to mean, for the purposes of such trading and of this
Act--
---------------------------------------------------------------------------
\4\ 50 U.S.C. app. 2.
---------------------------------------------------------------------------
(a) Any individual, partnership, or other body of
individuals, of any nationality, resident within the territory
(including that occupied by the military and naval forces) of
any nation with which the United States is at war, or resident
outside the United States and doing business within such
territory, and any corporation incorporated within such
territory of any nation with which the United States is at war
or incorporated within any country other than the United States
and doing business within such territory.
(b) The government of any nation with which the United
States is at war, or any political or municipal subdivision
thereof, or any officer, official agent, or agency thereof.
(c) Such other individuals, or body or class of
individuals, as may be natives, citizens, or subjects of any
nation with which the United States is at war, other than
citizens of the United States, wherever resident or wherever
doing business, as the President, if he shall find the safety
of the United States or the successful prosecution of the war
shall so require, may, by proclamation, include within the term
``enemy.''
The words ``ally of enemy,'' as used herein, shall be
deemed to mean--
(a) Any individual, partnership, or other body of
individuals, of any nationality, resident within the territory
(including that occupied by the military and naval forces) of
any nation which is an ally of a nation with which the United
States is at war, or resident outside the United States and
doing business within such territory, and any corporation
incorporated within such territory of any ally nation, or
incorporated within any country other than the United States
and doing business within such territory.
(b) The government of any nation which is an ally of a
nation with which the United States is at war, or any political
or municipal subdivision of such ally nation, or any officer,
official agent, or agency thereof.
(c) Such other individuals, or body or class of
individuals, as may be natives, citizens, or subjects of any
nation which is an ally of a nation with which the United
States is at war, other than citizens of the United States,
wherever resident or wherever doing business, as the President,
if he shall find the safety of the United States or the
successful prosecution of the war shall so require, may, by
proclamation, include within the term ``ally of enemy.''
The word ``person,'' as used herein, shall be deemed to
mean an individual, partnership, association, company, or other
unincorporated body of individuals, or corporation or body
politic.
The words ``United States,'' as used herein, shall be
deemed to mean all land and water, continental or insular, in
any way within the jurisdiction of the United States or
occupied by the military or naval forces thereof.
The words ``the beginning of the war,'' as used herein,
shall be deemed to mean midnight ending the day on which the
Congress has declared or shall declare war or the existence of
a state of war.
The words ``end of the war,'' as used herein shall be
deemed to mean the date of proclamation of exchange of
ratifications of the treaty of peace, unless the President
shall, by proclamation, declare a prior date, in which case the
date so proclaimed shall be deemed to be the ``end of the war''
within the meaning of this Act.
The words ``bank or banks,'' as used herein, shall be
deemed to mean and include national banks, State banks, trust
companies, or other banks or banking associations doing
business under the laws of the United States, or of any State
of the United States.
The words ``to trade,'' as used herein, shall be deemed to
mean--
(a) Pay, satisfy, compromise, or give security for the
payment or satisfaction of any debt or obligation.
(b) Draw, accept, pay, present for acceptance or payment,
or endorse any negotiable instrument or chose in action.
(c) Enter into, carry on, complete, or perform any
contract, agreement, or obligation.
(d) buy or sell, loan or extend credit, trade in, deal
with, exchange, transmit, transfer, assign, or otherwise
dispose of, or receive any form of property.
(e) To have any form of business or commercial
communication or intercourse with.
Sec. 3.\5\ That it shall be unlawful--
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\5\ 50 U.S.C. app. 3.
---------------------------------------------------------------------------
(a) For any person in the United States, except with the
license of the President, granted to such person, or to the
enemy, or ally of enemy, as provided in this Act [sections 1 to
6, 7 to 39, and 41 to 44 of this Appendix] to trade, or attempt
to trade, either directly or indirectly, with, to, or from, or
for, or on account of, or on behalf of, or for the benefit of,
any other person, with knowledge or reasonable cause to believe
that such other person is an enemy or ally of enemy, or is
conducting or taking part in such trade, directly or
indirectly, for, or on account of, or on behalf of, or for the
benefit of, an enemy or ally of enemy.
(b) For any person, except with the license of the
President, to transport or attempt to transport into or from
the United States, or for any owner, master, or other person in
charge of a vessel of American registry to transport or attempt
to transport from any place to any other place, any subject or
citizen of an enemy or ally of enemy nation, with knowledge or
reasonable cause to believe that the person transported or
attempted to be transported is such subject or citizen.
(c) For any person (other than a person in the service of
the United States Government or of the Government of any
nation, except that of an enemy or ally of enemy nation, and
other than such persons or classes of persons as may be
exempted hereunder by the President or by such person as he may
direct), to send, or take out of, or bring into, or attempt to
send, or take out of, or bring into the United States, any
letter or other writing or tangible form of communication,
except in the regular course of the mail; and it shall be
unlawful for any person to send, take, or transmit, or attempt
to send, take, or transmit out of the United States, any letter
or other writing, book, map, plan, or other paper, picture, or
any telegram, cablegram, or wireless message, or other form of
communication intended for or to be delivered, directly or
indirectly, to an enemy or ally of enemy: Provided, however,
That any person may send, take, or transmit out of the United
States anything herein forbidden if he shall first submit the
same to the President, or to such officer as the President may
direct, and shall obtain the license or consent of the
President, under such rules and regulations, and with such
exemptions, as shall be prescribed by the President.
(d) Whenever, during the present war, the President shall
deem that the public safety demands it, he may cause to be
censored under such rules and regulations as he may from time
to time establish, communications by mail, cable, radio, or
other means of transmission passing between the United States
and any foreign country he may from time to time specify, or
which may be carried by any vessel or other means of
transportation touching at any port, place, or territory of the
United States and bound to or from any foreign country. Any
person who willfully evades or attempts to evade the submission
of any such communication to such censorship or willfully uses
or attempts to use any code or other device for the purpose of
concealing from such censorship the intended meaning of such
communication shall be punished as provided in section sixteen
of this Act.
* * * * * * *
Sec. 5. (a) * * *
(b) \6\ (1) During the time of war,\7\ the President may
through any agency that he may designate, and under such rules
and regulations as he may prescribe, by means of instructions,
licenses, or otherwise--
---------------------------------------------------------------------------
\6\ 50 U.S.C. app. 5(b). Subsec. (b) is also classified to 12
U.S.C. 95a (Banks and Banking). Sec. 301 of Public Law 77-354 (55 Stat.
839) amended and restated subsec. (b).
\7\ Sec. 101(a) of Public Law 95-223 (91 Stat. 1625) struck out
``or during any other period of national emergency declared by the
President'' which previously appeared at this point. Secs. 101 (b) and
(c) of the same Act further stipulated:
``(b) Notwithstanding the amendment made by subsection (a), the
authorities conferred upon the President by section 5(b) of the Trading
With the Enemy Act, which were being exercised with respect to a
country on July 1, 1977, as a result of a national emergency declared
by the President before such date, may continue to be exercised with
respect to such country, except that, unless extended the exercise of
such authorities shall terminate (subject to the savings provisions of
the second sentence of section 101(a) of the National Emergencies Act)
at the end of the two-year period beginning on the date of enactment of
the National Emergencies Act. The President may extend the exercise of
such authorities for one-year periods upon a determination of each such
extension that the exercise of such authorities with respect to such
country for another year is in the national interest of the United
States.
``(c) The termination and extension provisions of subsection (b) of
this section supersede the provisions of section 101(a) and of title II
of the National Emergencies Act to the extent that the provisions of
subsection (b) of this section are inconsistent with those
provisions.''.
Each year since 1977, the President has utilized authority granted
his office pursuant to the National Emergencies Act to extend certain
authorities being exercised prior to July 1, 1977, under sec. 5(b) of
the Trading with the Enemy Act. The most recent action, Presidential
Determination No. 2005-35 of September 12, 2005 extends until September
14, 2006, the exercise of those authorities with respect to countries
affected by the Foreign Assets Control Regulations (31 CFR Part 500),
the Transaction Control Regulations (31 CFR Part 505), and the Cuban
Assets Control Regulations (31 CFR Part 515).
Previous extensions have been issued as a memorandum of September
8, 1978 (43 F.R. 40449); memorandum of September 12, 1979 (44 F.R.
553153); memorandum of September 8, 1980 (45 F.R. 59549); memorandum of
September 10, 1981 (46 F.R. 45321); memorandum of September 8, 1982 (47
F.R. 39797); memorandum of September 7, 1983 (48 F.R. 40695);
memorandum of September 11, 1984 (49 F.R. 35927); memorandum of
September 5, 1985 (5 F.R. 36563); memorandum of August 20, 1986 (51
F.R. 30201); memorandum of August 27, 1987 (52 F.R. 33397);
Presidential Determination No. 88-22 of September 8, 1988 (53 F.R.
35289); Presidential Determination No. 89-25 of August 28, 1989 (54
F.R. 37089); Presidential Determination No. 90-38 of September 5, 1990
(55 F.R. 37309); Presidential Determination No. 91-52 of September 13,
1991 (56 F.R. 48415); Presidential Determination No. 92-45 of August
28, 1992 (57 F.R. 43125); Presidential Determination No. 93-38 of
September 13, 1993 (58 F.R. 51209); Presidential Determination No. 94-
46 of September 8, 1994 (59 F.R. 47229); Presidential Determination No.
95-41 of September 8, 1995 (60 F.R. 47659); Presidential Determination
No. 96-43 of August 27, 1996 (61 F.R. 46529); Presidential
Determination 97-32 of September 12, 1997 (62 F.R. 48729); Presidential
Determination No. 98-35 of September 11, 1998 (63 F.R. 50455;
Presidential Determination No. 99-36 of September 10, 1999 (64 F.R.
51885); Presidential Determination No. 2000-29 of September 12, 2000
(65 F.R. 55881); Presidential Determination No. 2001-26 of September
12, 2001 (66 F.R. 47941); Presidential Determination No. 02-31 of
September 13, 2002 (67 F.R. 58679); Presidential Determination No.
2003-36 of September 12, 2003 (68 F.R. 54325); Presidential
Determination No. 2004-45 of September 10, 2004 (69 F.R. 55497); and as
President Determination No. 2005-35 of September 12, 2005 (70 F.R.
54605).
---------------------------------------------------------------------------
(A) investigate, regulate, or prohibit, any
transactions in foreign exchange, transfers of credit
or payments between, by, through, or to any banking
institution, and the importing, exporting, hoarding,
melting, or earmarking of gold or silver coin or
bullion, currency or securities, and
(B) investigate, regulate, direct and compel,
nullify, void, prevent or prohibit, any acquisition,
holding, withholding, use, transfer withdrawal,
transportation, importation or exportation of, or
dealing in or exercising any right, power, or privilege
with respect to, or transactions involving, any
property in which any foreign country or a national
thereof has any interest,
by any person, or with respect to any property, subject to the
jurisdiction of the United States; and any property or interest
of any foreign country or national thereof shall vest, when,
as, and upon the terms, directed by the President in such
agency or person as may be designated from time to time by the
President, and upon such terms and conditions as the President
may prescribe such interest or property shall be held, used,
administered, liquidated, sold, otherwise dealt with in the
interest of and for the benefit of the United States and such
designated agency or person may perform any and all acts
incident to the accomplishment or furtherance of these
purposes; and the President shall, in the manner hereinabove
provided, require any person to keep a full record of, and to
furnish under oath, in the form of reports or otherwise,
complete information relative to any act or transaction
referred to in this subdivision either before, during, or after
the completion thereof, or relative to any interest in foreign
property, or relative to any property in which any foreign
country or any national thereof has or has had any interest, or
as may be otherwise necessary to enforce the provisions of this
subdivision, and in any case in which a report could be
required, the President may, in the manner hereinabove
provided, require the production, or if necessary to the
national security or defense, the seizure, of any books of
account, records, contracts, letters, memoranda, or other
papers, in the custody or control of such person.\8\
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\8\ Sec. 102(2) of Public Law 95-223 (91 Stat. 1625) struck out ``;
and the President may, in the manner hereinabove provided, take other
or further measures not inconsistent herewith for the enforcement of
this subdivision'' which previously appeared at this point.
---------------------------------------------------------------------------
(2) Any payment, conveyance, transfer, assignment, or
delivery of property or interest therein, made to or for the
account of the United States, or as otherwise directed,
pursuant to this subdivision or any rule, regulation,
instruction, or direction issued hereunder shall to the extent
thereof be a full acquittance and discharge for all purposes of
the obligation of the person making the same; and no person
shall be held liable in any court for or in respect to anything
done or omitted in good faith in connection with the
administration of, or in pursuance of and in reliance on, this
subdivision, or any rule, regulation, instruction, or direction
issued hereunder.
(3) As used in this subdivision the term ``United States''
means the United States and any place subject to the
jurisdiction thereof: \9\ Provided, however, That the foregoing
shall not be construed as a limitation upon the power of the
President, which is hereby conferred, to prescribe from time to
time, definitions, not inconsistent with the purposes of this
subdivision, for any or all of the terms used in this
subdivision.\10\ As used in this subdivision the term
``person'' means an individual, partnership, association, or
corporation.
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\9\ Pursuant to the authority of the 1946 Proclamation No. 2695,
which is set out as a note under sec. 1394 of Title 22, Foreign
Relations and Intercourse, and in which the President proclaimed the
independence of the Philippines, the words ``including the Philippine
Islands, and the several courts of first instance of the Commonwealth
of the Philippine Islands shall have jurisdiction in all cases, civil
or criminal, arising under this subdivision in the Philippine Islands
and concurrent jurisdiction with the district courts of the United
States of all cases, civil or criminal, arising upon the high seas''
which previously appeared at this point, have been omitted.
\10\ Sec. 103(b) of Public Law 95-223 (91 Stat. 1626) struck out
the following sentence which previously appeared at this point:
``Whoever willfully violates any of the provisions of this
subdivision or of any license, order, rule or regulation issued
thereunder, shall, upon conviction, be fined not more than $10,000, or,
if a natural person, may be imprisoned for not more than ten years, or
both; and any officer, director, or agent of any corporation who
knowingly participates in such violation may be punished by a like
fine, imprisonment, or both.''.
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(4) \11\ The authority granted to the President by this
section does not include the authority to regulate or prohibit,
directly or indirectly, the importation from any country, or
the exportation to any country, whether commercial or
otherwise, regardless of format or medium of transmission, of
any information or informational materials, including but not
limited to, publications, films, posters, phonograph records,
photographs, microfilms, microfiche, tapes, compact disks, CD
ROMs, artworks, and news wire feeds. The exports exempted from
regulation or prohibition by this paragraph do not include
those which are otherwise controlled for export under section 5
of the Export Administration Act of 1979, or under section 6 of
that Act to the extent that such controls promote the
nonproliferation or antiterrorism policies of the United
States, or with respect to which acts are prohibited by chapter
37 of title 18, United States Code.
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\11\ Sec. 525(b)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 474), amended
and restated para. (4). Sec. 525(b)(2) of that Act further provided:
``(2) The authorities conferred upon the President by section 5(b)
of the Trading With the Enemy Act, which were being exercised with
respect to a country on July 1, 1977, as a result of a national
emergency declared by the President before such date, and are being
exercised on the date of the enactment of this Act, do not include the
authority to regulate or prohibit, directly or indirectly, any activity
which, under section 5(b)(4) of the Trading With the Enemy Act, as
amended by paragraph (1) of this subsection, may not be regulated or
prohibited.''.
Sec. 525(a) of that Act further stated the following:
``(a) Sense of Congress.--It is the sense of the Congress that the
President should not restrict travel or exchanges for informational,
educational, religious, cultural, or humanitarian purposes or for
public performances or exhibitions, between the United States and any
other country.''.
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* * * * * * *
Sec. 16.\12\ (a) Whoever shall willfully violate any of the
provisions of this Act or of any license, rule, or regulation
issued thereunder, and whoever shall willfully violate,
neglect, or refuse to comply with any order of the President
issued in compliance with the provisions of this Act shall,
upon conviction, be fined not more than $1,000,000, or, if a
natural person, be fined not more than $100,000, or imprisoned
for not more than ten years, or both; and the officer,
director, or agent of any corporation who knowingly
participates \13\ in such violation shall, upon conviction, be
fined not more than $100,000 or imprisoned for not more than
ten years or both.
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\12\ 50 U.S.C. app. 16. Sec. 628 of Public Law 102-393 (106 Stat.
1772) amended and restated sec. 16, as amended by sec. 103(a) of Public
Law 95-223). Sec. 16 previously read as follows:
``Sec. 16. That whoever shall willfully violate any of the
provisions of this Act or of any license, rule, or regulation issued
thereunder, and whoever shall willfully violate, neglect, or refuse to
comply with any order of the President issued in compliance with the
provisions of this Act shall, upon conviction, be fined not more than
$50,000, or, if a natural person, imprisoned for not more than ten
years, or both; and the officer, director, or agent of any corporation
who knowingly participates in such violation shall be punished by a
like fine, imprisonment, or both, and any property, funds, securities,
papers, or other articles or documents, or any vessel, together with
her tackle, apparel, furniture, and equipment, concerned in such
violation shall be forfeited to the United States.''.
Sec. 1710(c)(1) of Public Law 102-484 (106 Stat. 2580) struck out
``That whoever'' and inserted in lieu thereof ``(a) Whoever'', an
amendment that was not executable given the earlier amendment in Public
Law 102-393.
Sec. 102(d)(3)(A) of Public Law 104-114 (110 Stat. 793) inserted
the section designation ``Sec. 16.'' before ``(a)''.
\13\ Sec. 102(d)(3)(B) of Public Law 104-114 (110 Stat. 793) struck
out ``participants'' and inserted in lieu thereof ``participates''.
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(b) \14\ (1) A civil penalty of not to exceed $50,000 may
be imposed by the Secretary of the Treasury on any person who
violates any license, order, rule, or regulation issued in
compliance with the provisions of this Act.
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\14\ Sec. 102(d) of Public Law 104-114 (110 Stat. 793) amended and
restated subsec. (b). Previously, sec. 628 of Public Law 102-393 had
struck out a second subsec. (b) that had been added by sec. 1710(c)(2)
of Public Law 102-484 (106 Stat. 2580). The language added by sec. 628
formerly read as follows:
``(b)(1) A civil penalty of not to exceed $50,000 may be imposed by
the Secretary of the Treasury on any person who violates any license,
order, rule, or regulation issued in compliance with the provisions of
this Act.
``(2) The penalties provided under this subsection may not be
imposed for--
---------------------------------------------------------------------------
``(A) news gathering, research, or the export or import of, or
transmission of, information or informational materials; or
``(B) clearly defined educational or religious activities, or activities
of recognized human rights organizations, that are reasonably limited in
frequency, duration, and number of participants.''.
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Subsec. (b) as added by sec. 1710(c)(2) of Public Law 102-484
formerly read as follows:
``(b)(1) The Secretary of the Treasury may impose a civil penalty
of not more than $50,000 on any person who violates any license, order,
rule, or regulation issued under this Act.
``(2) Any property, funds, securities, papers, or other articles or
documents or any vessel, together with its tackle, apparel, furniture,
and equipment, that is the subject of a violation under paragraph (1)
shall, at the discretion of the Secretary of the Treasury, be forfeited
to the United States Government.
``(3) The penalties provided under this subsection may not be
imposed for--
---------------------------------------------------------------------------
``(A) news gathering, research, or the export or import of, or
transmission of, information or informational materials; or
``(B) clearly defined educational or religious activities, or activities
of recognized human rights organizations, that are reasonably limited in
frequency, duration, and number of participants.
---------------------------------------------------------------------------
``(4) The penalties provided under this subsection may be imposed
only on the record after opportunity for an agency hearing in
accordance with sections 554 through 557 of title 5, United States
Code, with the right to prehearing discovery.
``(5) Judicial review of any penalties imposed under this
subsection may be had to the extent provided in section 702 of title 5,
United States Code.''.
Sec. 1710 of Public Law 102-484 (106 Stat. 2581) further provided:
``(d) Applicability of Penalties.--The penalties set forth in
section 16 of the Trading With the Enemy Act shall apply to violations
of this title [Cuban Democracy Act] to the same extent as such
penalties apply to violations under that Act.
``(e) Office of Foreign Assets Control.--The Department of the
Treasury shall establish and maintain a branch of the Office of Foreign
Assets Control in Miami, Florida, in order to strengthen the
enforcement of this title [Cuban Democracy Act].''.
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(2) Any property, funds, securities, papers, or other
articles or documents, or any vessel, together with its tackle,
apparel, furniture, and equipment, that is the subject of a
violation under paragraph (1) shall, at the direction of the
Secretary of the Treasury, be forfeited to the United States
Government.
(3) The penalties provided under this subsection may be
imposed only on the record after opportunity for an agency
hearing in accordance with sections 554 through 557 of title 5,
United States Code, with the right to prehearing discovery.
(4) Judicial review of any penalty imposed under this
subsection may be had to the extent provided in section 702 of
title 5, United States Code.
(c) Upon conviction, any property, funds, securities,
papers, or other articles or documents, or any vessel, together
with tackle, apparel, furniture, and equipment, concerned in
any violation of subsection (a) may be forfeited to the United
States.
* * * * * * *
b. International Emergency Economic Powers Act, as amended
Partial text of Public Law 95-223 [H.R. 7738], 91 Stat. 1625, approved
December 28, 1977; as amended by Public Law 100-418 [Omnibus Trade and
Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
August 23, 1988; Public Law 102-393 [Treasury, Postal Service, and
General Government Appropriations Act, 1993; H.R. 5488], 106 Stat.
1729, approved October 6, 1992; Public Law 102-396 [Department of
Defense Appropriations Act, 1993; H.R. 5504], 106 Stat. 1876, approved
October 6, 1992; Public Law 103-236 [Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved
April 30, 1994; Public Law 104-201 [National Defense Authorization Act
for Fiscal Year 1997; H.R. 3230], 110 Stat. 2725, approved September
23, 1996; and Public Law 107-56 [Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001; H.R. 3162], 115 Stat. 272,
approved October 26, 2001
AN ACT With respect to the powers of the President in time of war or
national emergency.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Note.--Except for the provisions reproduced below,
this Act consisted of amendments to the Trading With
the Enemy Act (Public Law 65-91; 40 Stat. 411) and the
Export Administration Act of 1969 (Public Law 96-72; 93
Stat. 503).
TITLE I--AMENDMENTS TO THE TRADING WITH THE ENEMY ACT
removal of national emergency powers under the trading with the enemy
act
Sec. 101. (a) * * *
(b) \1\ Notwithstanding the amendment made by subsection
(a), the authorities conferred upon the President by section
5(b) of the Trading With the Enemy Act, which were being
exercised with respect to a country on July 1, 1977, as a
result of a national emergency declared by the President before
such date, may continue to be exercised with respect to such
country, except that, unless extended, the exercise of such
authorities shall terminate (subject to the savings provisions
of the second sentence of section 101(a) of the National
Emergencies Act) at the end of the two-year period beginning on
the date of enactment of the National Emergencies Act. The
President may extend the exercise of such authorities for one-
year periods upon a determination of each such extension that
the exercise of such authorities with respect to such country
for another year is in the national interest of the United
States.\2\
---------------------------------------------------------------------------
\1\ 50 U.S.C. app. 5 note.
\2\ Each year since 1977, the President has utilized authority
granted his office pursuant to the National Emergencies Act to extend
certain authorities being exercised prior to July 1, 1977, under sec.
5(b) of the Trading With the Enemy Act. The most recent action,
Presidential Determination No. 2005-35 of September 12, 2005 (70 F.R.
54605), extends until September 14, 2006, the exercise of those
authorities with respect to countries affected by the Foreign Assets
Control Regulations (31 CFR Part 500), the Transaction Control
Regulations (31 CFR Part 505), and the Cuban Assets Control Regulations
(31 CFR Part 515).
Previous extensions have been issued as a memorandum of September
8, 1978 (43 F.R. 40449); memorandum of September 12, 1979 (44 F.R.
553153); memorandum of September 8, 1980 (45 F.R. 59549); memorandum of
September 10, 1981 (46 F.R. 45321); memorandum of September 8, 1982 (47
F.R. 39797); memorandum of September 7, 1983 (48 F.R. 40695);
memorandum of September 11, 1984 (49 F.R. 35927); memorandum of
September 5, 1985 (5 F.R. 36563); memorandum of August 20, 1986 (51
F.R. 30201); memorandum of August 27, 1987 (52 F.R. 33397);
Presidential Determination No. 88-22 of September 8, 1988 (53 F.R.
35289); Presidential Determination No. 89-25 of August 28, 1989 (54
F.R. 37089); Presidential Determination No. 90-38 of September 5, 1990
(55 F.R. 37309); Presidential Determination No. 91-52 of September 13,
1991 (56 F.R. 48415); Presidential Determination No. 92-45 of August
28, 1992 (57 F.R. 43125); Presidential Determination No. 93-38 of
September 13, 1993 (58 F.R. 51209); Presidential Determination No. 94-
46 of September 8, 1994 (59 F.R. 47229); Presidential Determination No.
95-41 of September 8, 1995 (60 F.R. 47659); Presidential Determination
No. 96-43 of August 27, 1996 (61 F.R. 46529); Presidential
Determination 97-32 of September 12, 1997 (62 F.R. 48729); Presidential
Determination No. 98-35 of September 11, 1998 (63 F.R. 50455;
Presidential Determination No. 99-36 of September 10, 1999 (64 F.R.
51885); Presidential Determination No. 2000-29 of September 12, 2000
(65 F.R. 55881); Presidential Determination No. 2001-26 of September
12, 2001 (66 F.R. 47941); Presidential Determination No. 02-31 of
September 13, 2002 (67 F.R. 58679); Presidential Determination No.
2003-36 of September 12, 2003 (68 F.R. 54325); and as Presidential
Determination No. 2004-45 of September 10, 2004 (69 F.R. 55497).
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(c) The termination and extension provisions of subsection
(b) of this section supersede the provisions of section 101(a)
and of title II of the National Emergencies Act to the extent
that the provisions of subsection (b) of this section are
inconsistent with those provisions.
(d) Paragraph (1) of section 502(a) of the National
Emergencies Act is repealed.
wartime authorities
Sec. 102. * * *
Sec. 103. * * *
* * * * * * *
TITLE II--INTERNATIONAL EMERGENCY ECONOMIC POWERS
short title
Sec. 201.\3\ This title may be cited as the ``International
Emergency Economic Powers Act''.
---------------------------------------------------------------------------
\3\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
situations in which authorities may be exercised
Sec. 202.\4\ (a) Any authority granted to the President by
section 203 may be exercised to deal with any unusual and
extraordinary threat, which has its source in whole or
substantial part outside the United States, to the national
security, foreign policy, or economy of the United States, if
the President declares a national emergency with respect to
such threat.
---------------------------------------------------------------------------
\4\ 50 U.S.C. 1701.
---------------------------------------------------------------------------
(b) The authorities granted to the President by section 203
may only be exercised to deal with an unusual and extraordinary
threat with respect to which a national emergency has been
declared for purposes of this title and may not be exercised
for any other purpose. Any exercise of such authorities to deal
with any new threat shall be based on a new declaration of
national emergency which must be with respect to such threat.
grants of authorities
Sec. 203.\5\ (a)(1) At the times and to the extent
specified in section 202, the President may, under such
regulations as he may prescribe, by means of instructions,
licenses, or otherwise--
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\5\ 50 U.S.C. 1702.
---------------------------------------------------------------------------
(A) investigate, regulate, or prohibit--
(i) any transactions in foreign exchange,
(ii) transfer of credit or payments between,
by, through, or to any banking institution, to
the extent that such transfers or payments
involve any interest of any foreign country or
a national thereof,
(iii) the importing or exporting of currency
or securities,\6\
by any person, or with respect to any property, subject
to the jurisdiction of the United States;
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\6\ Sec. 106(1)(A) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
277) struck out ``; and'', inserted in lieu thereof a comma, and added
the text following this through the end of subpara. (A).
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(B) investigate, block during the pendency of an
investigation,\7\ regulate, direct and compel, nullify,
void, prevent or prohibit, any acquisition, holding,
withholding, use, transfer, withdrawal, transportation,
importation or exportation of, or dealing in, or
exercising any right, power, or privilege with respect
to, or transactions involving, any property in which
any foreign country or a national thereof has any
interest by any person, or with respect to any
property, subject to the jurisdiction of the United
States; and \8\
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\7\ Sec. 106(1)(B)(i) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
277) inserted ``, block during the pendency of an investigation''.
\8\ Sec. 106(1)(B)(ii) and (iii) of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56;
115 Stat. 277) struck out ``interest;'', inserted in lieu thereof
``interest by any person, or with respect to any property, subject to
the jurisdiction of the United States; and'', and struck out ``by any
person, or with respect to any property, subject to the jurisdiction of
the United States.'' which previously appeared at this point.
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C) \9\ when the United States is engaged in armed
hostilities or has been attacked by a foreign country
or foreign nationals, confiscate any property, subject
to the jurisdiction of the United States, of any
foreign person, foreign organization, or foreign
country that he determines has planned, authorized,
aided, or engaged in such hostilities or attacks
against the United States; and all right, title, and
interest in any property so confiscated shall vest,
when, as, and upon the terms directed by the President,
in such agency or person as the President may designate
from time to time, and upon such terms and conditions
as the President may prescribe, such interest or
property shallbe held, used, administered, liquidated,
sold, or otherwise dealt with in the interest of and
for the benefit of the United States, and such
designated agency or person may perform any and all
acts incident to the accomplishment or furtherance of
these purposes.
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\9\ Sec. 106(1)(D) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
277) added subpara. (C).
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(2) In exercising the authorities granted by paragraph (1),
the President may require any person to keep a full record of,
and to furnish under oath, in the form of reports or otherwise,
complete information relative to any act or transaction
referred to in paragraph (1) either before, during, or after
the completion thereof, or relative to any interest in foreign
property, or relative to any property in which any foreign
country or any national thereof has or has had any interest, or
as may be otherwise necessary to enforce the provisions of such
paragraph. In any case in which a report by a person could be
required under this paragraph, the President may require the
production of any books of account, records, contracts,
letters, memorandums, or other papers, in the custody or
control of such person.
(3) Compliance with any regulation, instruction, or
direction issued under this title shall to the extent thereof
be a full acquittance and discharge for all purposes of the
obligations of the person making the same. No person shall be
held liable in any court for or with respect to anything done
or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, this title, or any
regulation, instruction, or direction issued under this title.
(b) The authority granted to the President by this section
does not include the authority to regulate or prohibit,
directly or indirectly--
(1) any postal, telegraphic, telephonic, or other
personal communication, which does not involve a
transfer of anything of value; \10\
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\10\ Sec. 2502(b)(1) of Public Law 100-418 (102 Stat. 1371) struck
out ``or'' at the end of para. (1), and struck out ``.'' and inserted
in lieu thereof ``; or'' at the end of para. (2). Sec. 2502(b)(2) of
that Act also stated that:
``(2) The amendments made by paragraph (1) apply to actions taken
by the President under section 203 of the International Emergency
Economic Powers Act before the date of the enactment of this Act which
are in effect on such date of enactment, and to actions taken under
such section on or after such date of enactment.''.
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(2) donations, by persons subject to the jurisdiction
of the United States, of articles, such as food,
clothing, and medicine, intended to be used to relieve
human suffering, except to the extent that the
President determines that such donations (A) would
seriously impair his ability to deal with any national
emergency, declared under section 202 of this title,
(B) or in response to coercion against the proposed
recipient or donor, or (C) would endanger Armed Forces
of the United States which are engaged in hostilities
or are in a situation where imminent involvement in
hostilities is clearly indicated by the circumstances;
or \10\
(3) \11\ the importation from any country, or the
exportation to any country, whether commercial or
otherwise, regardless of format or medium of
transmission, of any information or informational
materials, including but not limited to, publications,
films, posters, phonograph records, photographs,
microfilms, microfiche, tapes, compact disks, CD ROMs,
artworks, and news wire feeds. The exports exempted
from regulation or prohibition by this paragraph do not
include those which are otherwise controlled for export
under section 5 of the Export Administration Act of
1979, or under section 6 of such Act to the extent that
such controls promote the nonproliferation or
antiterrorism policies of the United States, or with
respect to which acts are prohibited by chapter 37 of
title 18, United States Code; or
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\11\ Sec. 525(c)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 474), struck
out para. (3) and inserted new paras. (3) and (4). Para. (3), which had
been added by sec. 2502(b)(1) of Public Law 100-418 (102 Stat. 1371),
previously read as follows:
``(3) the importation from any country, or the exportation to any
country, whether commercial or otherwise, of publications, films,
posters, phonograph records, photographs, microfilms, microfiche,
tapes, or other informational materials, which are not otherwise
controlled for export under section 5 of the Export Administration Act
of 1979 or with respect to which no acts are prohibited by chapter 37
of title 18, United States Code.''.
Sec. 525(c)(2) and (3) of that Act further provided the following:
``(2) The amendments made by paragraph (1) to section 203(b)(3) of
the International Emergency Economic Powers Act apply to actions taken
by the President under section 203 of such Act before the date of
enactment of this Act which are in effect on such date and to actions
taken under such section on or after such date.
``(3) Section 203(b)(4) of the International Emergency Economic
Powers Act (as added by paragraph (1)) shall not apply to restrictions
on the transactions and activities described in section 203(b)(4) in
force on the date of enactment of this Act, with respect to countries
embargoed under the International Emergency Economic Powers Act on the
date of enactment of this Act.''.
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(4) \11\ any transactions ordinarily incident to
travel to or from any country, including importation of
accompanied baggage for personal use, maintenance
within any country including payment of living expenses
and acquisition of goods or services for personal use,
and arrangement or facilitation of such travel
including nonscheduled air, sea, or land voyages.
(c) \12\ Classified Information.--In any judicial review of
a determination made under this section, if the determination
was based on classified information (as defined in section 1(a)
of the Classified Information Procedures Act) such information
may be submitted to the reviewing court ex parte and in camera.
This subsection does not confer or imply any right to judicial
review.
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\12\ Sec. 106(2) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
277) added subsec. (c).
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consultation and reports
Sec. 204.\13\ (a) The President, in every possible
instance, shall consult with the Congress before exercising any
of the authorities granted by this title and shall consult
regularly with the Congress so long as such authorities are
exercised.
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\13\ 50 U.S.C. 1703.
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(b) Whenever the President exercises any of the authorities
granted by this title, he shall immediately transmit to the
Congress a report specifying--
(1) the circumstances which necessitate such exercise
of authority;
(2) why the President believes those circumstances
constitute an unusual and extraordinary threat, which
has its source in whole or substantial part outside the
United States, to the national security, foreign
policy, or economy of the United States;
(3) the authorities to be exercised and the actions
to be taken in the exercise of those authorities to
deal with those circumstances;
(4) why the President believes such actions are
necessary to deal with those circumstances; and
(5) any foreign countries with respect to which such
actions are to be taken and why such actions are to be
taken with respect to those countries.
(c) At least once during each succeeding six-month period
after transmitting a report pursuant to subsection (b) with
respect to an exercise of authorities under this title, the
President shall report to the Congress with respect to the
actions taken, since the last such report, in the exercise of
such authorities, and with respect to any changes which have
occurred concerning any information previously furnished
pursuant to paragraphs (1) through (5) of subsection (b).
(d) The requirements of this section are supplemental to
those contained in title IV of the National Emergencies Act.
authority to issue regulations
Sec. 205.\14\ The President may issue such regulations,
including regulations prescribing definitions, as may be
necessary for the exercise of the authorities granted by this
title.
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\14\ 50 U.S.C. 1704.
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penalties
Sec. 206.\15\ (a) A civil penalty of not to exceed $10,000
\16\ may be imposed on any person who violates, or attempts to
violate,\17\ any license, order or regulation issued under this
title.
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\15\ 50 U.S.C. 1705.
\16\ Sec. 629 of the Treasury, Postal Service, and General
Government Appropriations Act, 1993 (Public Law 102-393; 106 Stat.
1773) struck out ``$10,000'' and inserted in lieu thereof ``$50,000''.
Sec. 9155 of the Department of Defense Appropriations Act, 1993 (Public
Law 102-396; 106 Stat. 1943), however, struck out ``$50,000'' and
inserted in lieu thereof ``$10,000''.
\17\ Sec. 1422(1) of Public Law 104-201 (110 Stat. 2725) inserted
``or attempts to violate''.
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(b) Whoever willfully violates, or willfully attempts to
violate,\18\ any license, order, or regulation issued under
this title shall, upon conviction, be fined not more than
$50,000, or, if a natural person, may be imprisoned for not
more than ten years, or both; and any officer, director, or
agent of any corporation who knowingly participates in such
violation may be punished by a like fine, imprisonment, or
both.
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\18\ Sec. 1422(2) of Public Law 104-201 (110 Stat. 2725) inserted
``or willfully attempts to violate''.
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savings provision
Sec. 207.\19\ (a)(1) Except as provided in subsection (b),
notwithstanding the termination pursuant to the National
Emergencies Act of a national emergency declared for purposes
of this title, any authorities granted by this title, which are
exercised on the date of such termination on the basis of such
national emergency to prohibit transactions involving property
in which a foreign country or national thereof has any
interest, may continue to be so exercised to prohibit
transactions involving that property if the President
determines that the continuation of such prohibition with
respect to that property is necessary on account of claims
involving such country of its nationals.
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\19\ 50 U.S.C. 1706.
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(2) Notwithstanding the termination of the authorities
described in section 101(b) of this Act, any such authorities,
which are exercised with respect to a country on the date of
such termination to prohibit transactions involving any
property in which such country or any national thereof has any
interest, may continue to be exercised to prohibit transactions
involving that property if the President determines that the
continuation of such prohibition with respect to that property
is necessary on account of claims involving such country or its
nationals.
(b) The authorities described in subsection (a)(1) may not
continue to be exercised under this section if the national
emergency is terminated by the Congress by concurrent
resolution pursuant to section 202 of the National Emergencies
Act and if the Congress specifies in such concurrent resolution
that such authorities may not continue to be exercised under
this section.
(c)(1) The provisions of this section are supplemental to
the savings provisions of paragraphs (1), (2), and (3) of
section 101(a) and of paragraphs (A), (B), and (C) of section
202(a) of the National Emergencies Act.
(2) The provisions of this section supersede the
termination provisions of section 101(a) and of title II of the
National Emergencies Act to the extent that the provisions of
this section are inconsistent with these provisions.
(d) If the President uses the authority of this section to
continue prohibitions on transactions involving foreign
property interests, he shall report to the Congress every six
months on the use of such authority.
Sec. 208.\20\ If any provision of this Act is held invalid,
the remainder of the Act shall not be affected thereby.
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\20\ 50 U.S.C. 1701 note.
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TITLE III--AMENDMENTS TO THE EXPORT ADMINISTRATION ACT OF 1969
authority to regulate extraterritorial exports
* * * * * * *
Bahamas, The \8\
c. National Emergencies Act, as amended
Public Law 94-412 [H.R. 3884], 90 Stat. 1255, approved September 14,
1976; as amended by Public Law 95-223 [International Emergency Economic
Powers Act, H.R. 7738], 91 Stat. 1625, approved December 28, 1977; and
Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years
1986 and 1987; H.R. 2068], 99 Stat. 448, approved August 16, 1985
AN ACT To terminate certain authorities with respect to national
emergencies still in effect, and to provide for orderly implementation
and termination of future national emergencies.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``National Emergencies Act''.
TITLE I--TERMINATING EXISTING DECLARED EMERGENCIES
Sec. 101.\1\ (a) All powers and authorities possessed by
the President, any other officer or employee of the Federal
Government, or any executive agency, as defined in section 105
of title 5, United States Code, as a result of the existence of
this Act are terminated two years from the date of such
enactment. Such termination shall not affect--
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1601.
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(1) any action taken or proceeding pending not
finally concluded or determined on such date;
(2) any action or proceeding based on any act
committed prior to such date; or
(3) any rights or duties that matured or penalties
that were incurred prior to such date.
(b) For the purpose of this section, the words ``any
national emergency in effect'' means a general declaration of
emergency made by the President.
TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
Sec. 201.\2\ (a) With respect to Acts of Congress
authorizing the exercise, during the period of a national
emergency, of any special or extraordinary power, the President
is authorized to declare such national emergency. Such
proclamation shall immediately be transmitted to the Congress
and published in the Federal Register.
---------------------------------------------------------------------------
\2\ 50 U.S.C. 1621.
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(b) Any provisions of law conferring powers and authorities
to be exercised during a national emergency shall be effective
and remain in effect (1) only when the President (in accordance
with subsection (a) of this section), specifically declares a
national emergency, and (2) only in accordance with this Act.
No law enacted after the date of enactment of this Act shall
supersede this title unless it does so in specific terms,
referring to this title, and declaring that the new law
supersedes the provisions of this title.
Sec. 202. (a) Any national emergency declared by the
President in accordance with this title shall terminate if--
(1) there is enacted into law a joint \3\ resolution
terminating the emergency; or
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\3\ 50 U.S.C. 1622. Sec. 801 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 448) struck
out ``concurrent'' and inserted in lieu thereof ``joint''.
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(2) the President issues a proclamation terminating
the emergency.
Any national emergency declared by the President shall be
terminated on the date specified in any joint \3\ resolution
referred to in clause (1) or on the date specified in a
proclamation by the President terminating the emergency as
provided in clause (2) of this subsection, whichever date is
earlier, and any powers or authorities exercised by reason of
said emergency shall cease to be exercised after such specified
date, except that such termination shall not affect--
(A) any action taken or proceeding pending not
finally concluded or determined on such date;
(B) any action or proceeding based on any act
committed prior to such date; or
(C) any rights or duties that matured or penalties
that were incurred prior to such date.
(b) Not later than six months after a national emergency is
declared, and not later than the end of each six-month period
thereafter that such emergency continues, each House of
Congress shall meet to consider a vote on a joint \3\
resolution to determine whether that emergency shall be
terminated.
(c)(1) A joint \3\ resolution to terminate a national
emergency declared by the President shall be referred to the
appropriate committee of the House of Representatives or the
Senate, as the case may be. One such joint \3\ resolution shall
be reported out by such committee together with its
recommendations within fifteen calendar days after the day on
which such resolution is referred to such committee, unless
such House shall otherwise determine by the yeas and nays.
(2) Any joint \3\ resolution so reported shall become the
pending business of the House in question (in the case of the
Senate the time for debate shall be equally divided between the
proponents and the opponents) and shall be voted on within
three calendar days after the day on which such resolution is
reported, unless such House shall otherwise determine by yeas
and nays.
(3) Such a joint \3\ resolution passed by one House shall
be referred to the appropriate committee of the other House and
shall be reported out by such committee together with its
recommendations within fifteen calendar days after the day on
which such resolution is referred to such committee and shall
thereupon become the pending business of such House and shall
be voted upon within three calendar days after the day on which
such resolution is reported, unless such House shall otherwise
determine by yeas and nays.
(4) In the case of any disagreement between the two Houses
of Congress with respect to a joint \3\ resolution passed by
both Houses, conferees shall be promptly appointed and the
committee of conference shall make and file a report with
respect to such joint \3\ resolution within six calendar days
after the day on which managers on the part of the Senate and
the House have been appointed. Notwithstanding any rule in
either House concerning the printing of conference reports or
concerning any delay in the consideration of such reports, such
report shall be acted on by both Houses not later than six
calendar days after the conference report is filed in the House
in which such report is filed first. In the event the conferees
are unable to agree within forty-eight hours, they shall report
back to their respective houses in disagreement.
(5) Paragraphs (1)-(4) of this subsection, subsection (b)
of this section, and section 502(b) of this Act are enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such they are deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in the House in the
case of resolutions described by this subsection; and
they supersede other rules only to the extent that they
are inconsistent therewith; with
(B) with full recognition of the constitutional right
of either House to change the rules (so far as relating
to the procedure of that House) at any time, in the
same manner, and to the same extent as in the case of
any other rule of that House.
(d) Any national emergency declared by the President in
accordance with this title, and not otherwise previously
terminated, shall terminate on the anniversary of the
declaration of that emergency if, within the ninety-day period
prior to each anniversary date, the President does not publish
in the Federal Register and transmit to the Congress a notice
stating that such emergency is to continue in effect after such
anniversary.
TITLE III--EXERCISE OF EMERGENCY POWERS AND AUTHORITIES
Sec. 301.\4\ When the President declares a national
emergency, no powers or authorities made available by statute
for use in the event of an emergency shall be exercised unless
and until the President specifies the provisions of law under
which he proposes that he, or other officers will act. Such
specification may be made either in the declaration of a
national emergency, or by one or more contemporaneous or
subsequent Executive orders published in the Federal Register
and transmitted to the Congress.
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\4\ 50 U.S.C. 1631.
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TITLE IV--ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT
Sec. 401.\5\ (a) When the President declares a national
emergency, or Congress declares war, the President shall be
responsible for maintaining a file and index of all significant
orders of the President, including Executive orders and
proclamations, and each Executive agency shall maintain a file
and index of all rules and regulations, issued during such
emergency or war issued pursuant to such declarations.
---------------------------------------------------------------------------
\5\ 50 U.S.C. 1641.
---------------------------------------------------------------------------
(b) All such significant orders of the President, including
Executive orders, and such rules and regulations shall be
transmitted to the Congress promptly under means to assure
confidentiality where appropriate.
(c) When the President declares a national emergency or
Congress declares war, the President shall transmit to
Congress, within ninety days after the end of each six-month
period after such declarations, a report on the total
expenditures incurred by the United States Government during
such six-month period which are directly attributable to the
exercise of powers and authorities conferred by such
declaration. Not later than ninety days after the termination
of each such emergency or war, the President shall transmit a
final report on all such expenditures.
TITLE V--REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER
STATUTES
Sec. 501. (a) Section 349(a) of the Immigration and
Nationality Act (8 U.S.C. 148(a)) is amended--
(1) at the end of paragraph (9), by striking out ``;
or'' and inserting in lieu thereof a period; and
(2) by striking out paragraph (10).
(b) Section 2667(b) of title 10 of the United States Code
is amended--
(1) by inserting ``and'' at the end of paragraph (3);
(2) by striking out paragraph (4); and
(3) by redesignating paragraph (5) and (4).
(c) The joint resolution entitled ``Joint resolution to
authorize the temporary continuation of regulation of consumer
credit'', approved August 8, 1947 (12 U.S.C. 249), is repealed.
(d) Section 5(m) of the Tennessee Valley Authority Act of
1933 as amended (16 U.S.C. 831d(m)) is repealed.
(e) Section 1383 of title 18, United States Code, is
repealed.
(f) Section 6 of the Act entitled ``An Act to amend the
Public Health Service Act is regard to certain matters of
personnel and administration, and for other purposes'',
approved February 28, 1948, is amended by striking out
subsections (b), (c), (d), (e), and (f) (42 U.S.C. 211b).
(g) Section 9 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1742) is repealed.
(h) This section shall not affect--
(1) any action taken or proceeding pending not
finally concluded or determined at the time of repeal;
(2) any action or proceeding based on any act
committed prior to repeal; or
(3) any rights or duties that matured or penalties
that were incurred prior to repeal;
Sec. 502.\6\ (a) The provisions of this Act shall not apply
to the following provisions of law, the powers and authorities
conferred thereby, and actions taken thereunder:
---------------------------------------------------------------------------
\6\ 50 U.S.C. 1651.
---------------------------------------------------------------------------
(1) * * * [Repealed--2002] \7\
---------------------------------------------------------------------------
\7\ Sec. 101(d) of Public Law 95-223 (91 Stat. 1625) repealed para.
(1) which had contained a reference to sec. 5(b) of the Trading With
the Enemy Act.
---------------------------------------------------------------------------
(2) * * * [Repealed--1977] \8\
---------------------------------------------------------------------------
\8\ Sec. 1062(o)(1) of Public Law 107-314 (116 Stat. 2652) repealed
para. (2) which had contained a reference to the Act of April 28, 1942
(40 U.S.C. 278b), and redesignated paras. (3) through (7) as paras. (1)
through (5), respectively.
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(1) \8\ Act of June 30, 1949 (41 U.S.C. 252);
(2) \8\ Section 3477 of the Revised Statutes, as
amended (31 U.S.C. 203);
(3) \8\ Section 3737 of the Revised Statutes, as
amended (41 U.S.C. 15);
(4) \8\ Public Law 85-804 (Act of Aug. 28, 1958, 72
Stat. 972; 50 U.S.C. 1431 et seq.); \9\
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\9\ Sec. 901(r)(2) of Public Law 105-362 (112 Stat. 3291) struck
out ``1431-1435'' and inserted in lieu thereof ``1431 et seq.''. The
semicolon should probably be ``; and''.
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(5) \8\ Section 2304(a)(1) of title 10, United States
Code; \10\
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\10\ The semicolon probably should be a period.
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(8) * * * [Repealed--1980] \11\
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\11\ Sec. 507(b) of Public Law 96-513 (94 Stat. 2919) repealed
para. (8) which had contained a reference to 10 U.S.C. 3313, 6386(c),
and 8313.
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(b) Each committee of the House of Representatives and the
Senate having jurisdiction with respect to any provision of law
referred to in subsection (a) of this section shall make a
complete study and investigation concerning that provision of
law and make a report, including any recommendations and
proposed revisions such committee may have, to its respective
House of Congress within two hundred and seventy days after the
date of enactment of this Act.
d. Denial of Foreign Tax Credit, etc., with Respect to Certain Foreign
Countries
Partial text of the Internal Revenue Code of 1986 (26 U.S.C. 901),
Public Law 83-736 of August 16, 1954 [Internal Revenue Code of 1954,
68A Stat. 1]; as amended by Public Law 99-509 [Omnibus Budget
Reconciliation Act of 1986, H.R. 5300], 100 Stat. 1874, approved
October 21, 1986; Public Law 99-514 [Tax Reform Act of 1986, H.R.
3838], 100 Stat. 2085, approved October 22, 1986; Public Law 100-203
[Budget Reconciliation Act of 1987, H.R. 3545], 101 Stat. 1330,
approved December 22, 1987; Public Law 103-149 [South African
Democratic Transition Support Act of 1993, H.R. 3225], 107 Stat. 1503,
approved November 23, 1993; and Public Law 106-200 [Trade and
Development Act of 2000, H.R. 434], 114 Stat. 251, approved May 18,
2000
AN ACT To reform the internal revenue laws of the United States.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
here assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS
(a) Short Title.--This Act may be cited as the ``Tax Reform
Act of 1986''.
(b) Table of Contents.-- * * *
* * * * * * *
SEC. 901.\1\ TAXES OF FOREIGN COUNTRIES AND OF POSSESSIONS OF UNITED
STATES.
* * * * * * *
(j) Denial of Foreign Tax Credit, Etc., With Respect to
Certain Foreign Countries
---------------------------------------------------------------------------
\1\ 26 U.S.C. 901.
---------------------------------------------------------------------------
(1) In general.--Notwithstanding any other provision
of this part--
(A) no credit shall be allowed under
subsection (a) for any income, war profits, or
excess profits taxes paid or accrued (or deemed
paid under section 902 or 960) to any country
if such taxes are with respect to income
attributable to a period during which this
subsection applies to such country, and
(B) * * *
(2) Countries to which this subsection applies.
(A) In general.--This subsection shall apply
to any foreign country--
(i) the government of which the
United States does not recognize,
unless such government is otherwise
eligible to purchase defense articles
or services under the Arms Export
Control Act.
(ii) with respect to which the United
States has severed diplomatic
relations,
(iii) with respect to which the
United States has not severed
diplomatic relations but does not
conduct such relations, or
(iv) which the Secretary of State
has, pursuant to section 6(j) of the
Export Administration Act of 1979, as
amended, designated as a foreign
country which repeatedly provides
support for acts of international
terrorism.
(B) Period for which subsection applies.--
This subsection shall apply to any foreign
country described in subparagraph (A) during
the period--
(i) beginning on the later of --
(I) January 1, 1987, or
(II) 6 months after such
country becomes a country
described in subparagraph (A),
and
(ii) ending on the date the Secretary
of State certifies to the Secretary of
the Treasury that such country is no
longer described in subparagraph (A).
(C) \2\ * * * [Repealed, 1993]
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\2\ Sec. 4(b)(4)(a) of Public Law 103-149 (107 Stat. 1505) deleted
subpara. (C), which had been added by sec. 10231(a) of Public Law 100-
203. Subpara. (C) previously read as follows:
``(C) Special rule for south africa.--
---------------------------------------------------------------------------
``(i) In general.--In addition to any period during which this subsection
would otherwise apply to South Africa, this subsection shall apply to South
Africa during the period--
``(I) beginning on January 1, 1988, and
``(II) ending on the date the Secretary of State certifies to the
Secretary of the Treasury that South Africa meets the requirements of
section 311(a) of the Comprehensive Anti-Apartheid Act of 1986 (as in
effect on the date of the enactment of this subparagraph).
``(ii) South africa defined.--For purposes of clause (i), the term `South
Africa' has the meaning given to such term by paragraph (6) of section 3 of
the Comprehensive Anti-Apartheid Act of 1986 (as so in effect).''.
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Sec. 4(b)(8)(B) of Public Law 103-149 (107 Stat. 1505) provided
that the repeal of subsec. (C) should not be construed as affecting any
of the transitional rules contained in Revenue Ruling 92-62 which
applied by reason of the termination of the period for which subsec.
(j) was applicable in South Africa.
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(3) Taxes allowed as a deduction, etc.--* * *
(4) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry
out the purposes of this subsection, including
regulations which treat income paid through 1 or more
entities as derived from a foreign country to which
this subsection applies if such income was, without
regard to such entities, derived from such country.
(5) \3\ Waiver of denial.
---------------------------------------------------------------------------
\3\ Sec. 601 of Public Law 106-200 (114 Stat. 601) added para. (5).
Sec. 601(b) of that Act provided that ``The amendment made by this
section shall apply on or after February 1, 2001.''
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(A) In general.--Paragraph (1) shall not
apply with respect to taxes paid or accrued to
a country if the President--
(i) determines that a waiver of the
application of such paragraph is in the
national interest of the United States
and will expand trade and investment
opportunities for United States
companies in such country; and
(ii) reports such waiver under
subparagraph (B).
(B) Report.--Not less than 30 days before the
date on which a waiver is granted under this
paragraph, the President shall report to the
Congress--
(i) the intention to grant such
waiver; and
(ii) the reason for the determination
under subparagraph (A)(i).
* * * * * * *
e. Trade Sanctions Reform and Export Enhancement Act of 2000
Partial text of Public Law 106-387 [H.R. 4461], 114 Stat. 1549, enacted
October 28, 2000; as amended by the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 [Public Law 107-56; H.R. 3162],
115 Stat. 272, approved October 26, 2001
AN ACT Making appropriations for Agriculture, Rural Development, Food
and Drug Administration, and related agencies for the fiscal year
ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
here assembled,
SECTION 1.
(a) The provisions of H.R. 5426 of the 106th Congress, as
introduced on October 6, 2000, are hereby enacted into law.
* * * * * * *
Appendix--H.R. 5426
* * * * * * *
TITLE IX--TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT \1\
---------------------------------------------------------------------------
\1\ Sec. 221(b) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
292) provided the following:
``(b) Application of the Trade Sanctions Reform and Export
Enhancement Act.--Nothing in the Trade Sanctions Reform and Export
Enhancement Act of 2000 shall limit the application or scope of any law
establishing criminal or civil penalties, including any Executive order
or regulation promulgated pursuant to such laws (or similar or
successor laws), for the unlawful export of any agricultural commodity,
medicine, or medical device to--
---------------------------------------------------------------------------
``(1) a foreign organization, group, or person designated pursuant to
Executive Order No. 12947 of January 23, 1995, as amended;
``(2) a Foreign Terrorist Organization pursuant to the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132);
``(3) a foreign organization, group, or person designated pursuant to
Executive Order No. 13224 (September 23, 2001);
``(4) any narcotics trafficking entity designated pursuant to Executive
Order No. 12978 (October 21, 1995) or the Foreign Narcotics Kingpin
Designation Act (Public Law 106-120); or
``(5) any foreign organization, group, or persons subject to any
restriction for its involvement in weapons of mass destruction or missile
proliferation.''.
---------------------------------------------------------------------------
Sec. 807 of the same Act (115 Stat. 378) further provided:
---------------------------------------------------------------------------
``sec. 807. technical clarification relating to provision of material
support to terrorism.
---------------------------------------------------------------------------
``No provision of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (title IX of Public Law 106-387) shall be construed to
limit or otherwise affect section 2339A or 2339B of title 18, United
States Code.''.
---------------------------------------------------------------------------
SEC. 901.\2\ SHORT TITLE.
This title may be cited as the ``Trade Sanctions Reform and
Export Enhancement Act of 2000''.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 7201 note.
---------------------------------------------------------------------------
SEC. 902.\3\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7201.
---------------------------------------------------------------------------
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section
102 of the Agricultural Trade Act of 1978 (7 U.S.C.
5602).
(2) Agricultural program.--The term ``agricultural
program'' means--
(A) any program administered under the
Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1691 et seq.);
(B) any program administered under section
416 of the Agricultural Act of 1949 (7 U.S.C.
1431);
(C) any program administered under the
Agricultural Trade Act of 1978 (7 U.S.C. 5601
et seq.);
(D) the dairy export incentive program
administered under section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14);
(E) any commercial export sale of
agricultural commodities; or
(F) any export financing (including credits
or credit guarantees) provided by the United
States Government for agricultural commodities.
(3) Joint resolution.--The term ``joint resolution''
means--
(A) in the case of section 903(a)(1), only a
joint resolution introduced within 10 session
days of Congress after the date on which the
report of the President under section 903(a)(1)
is received by Congress, the matter after the
resolving clause of which is as follows: ``That
Congress approves the report of the President
pursuant to section 903(a)(1) of the Trade
Sanctions Reform and Export Enhancement Act of
2000, transmitted on _______.'', with the blank
completed with the appropriate date; and
(B) in the case of section 906(1), only a
joint resolution introduced within 10 session
days of Congress after the date on which the
report of the President under section 906(2) is
received by Congress, the matter after the
resolving clause of which is as follows: ``That
Congress approves the report of the President
pursuant to section 906(1) of the Trade
Sanctions Reform and Export Enhancement Act of
2000, transmitted on _______.'', with the blank
completed with the appropriate date.
(4) Medical device.--The term ``medical device'' has
the meaning given the term ``device'' in section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(5) Medicine.--The term ``medicine'' has the meaning
given the term ``drug'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(6) Unilateral agricultural sanction.--The term
``unilateral agricultural sanction'' means any
prohibition, restriction, or condition on carrying out
an agricultural program with respect to a foreign
country or foreign entity that is imposed by the United
States for reasons of foreign policy or national
security, except in a case in which the United States
imposes the measure pursuant to--
(A) a multilateral regime and the other
member countries of that regime have agreed to
impose substantially equivalent measures; or
(B) a mandatory decision of the United
Nations Security Council.
(7) Unilateral medical sanction.--The term
``unilateral medical sanction'' means any prohibition,
restriction, or condition on exports of, or the
provision of assistance consisting of, medicine or a
medical device with respect to a foreign country or
foreign entity that is imposed by the United States for
reasons of foreign policy or national security, except
in a case in which the United States imposes the
measure pursuant to--
(A) a multilateral regime and the other
member countries of that regime have agreed to
impose substantially equivalent measures; or
(B) a mandatory decision of the United
Nations Security Council.
SEC. 903.\4\ RESTRICTION.
(a) New Sanctions.--Except as provided in sections 904 and
905 and notwithstanding any other provision of law, the
President may not impose a unilateral agricultural sanction or
unilateral medical sanction against a foreign country or
foreign entity, unless--
---------------------------------------------------------------------------
\4\ 22 U.S.C. 7202.
---------------------------------------------------------------------------
(1) not later than 60 days before the sanction is
proposed to be imposed, the President submits a report
to Congress that--
(A) describes the activity proposed to be
prohibited, restricted, or conditioned; and
(B) describes the actions by the foreign
country or foreign entity that justify the
sanction; and
(2) there is enacted into law a joint resolution
stating the approval of Congress for the report
submitted under paragraph (1).
(b) Existing Sanctions.--The President shall terminate any
unilateral agricultural sanction or unilateral medical sanction
that is in effect as of the date of enactment of this Act.
SEC. 904.\5\ EXCEPTIONS.
Section 903 shall not affect any authority or requirement to
impose (or continue to impose) a sanction referred to in
section 903--
---------------------------------------------------------------------------
\5\ 22 U.S.C. 7203.
---------------------------------------------------------------------------
(1) against a foreign country or foreign entity--
(A) pursuant to a declaration of war against
the country or entity;
(B) pursuant to specific statutory
authorization for the use of the Armed Forces
of the United States against the country or
entity;
(C) against which the Armed Forces of the
United States are involved in hostilities; or
(D) where imminent involvement by the Armed
Forces of the United States in hostilities
against the country or entity is clearly
indicated by the circumstances; or
(2) to the extent that the sanction would prohibit,
restrict, or condition the provision or use of any
agricultural commodity, medicine, or medical device
that is--
(A) controlled on the United States Munitions
List established under section 38 of the Arms
Export Control Act (22 U.S.C. 2778);
(B) controlled on any control list
established under the Export Administration Act
of 1979 or any successor statute (50 U.S.C.
App. 2401 et seq.); or
(C) \6\ used to facilitate the design,
development, or production of chemical or
biological weapons, missiles, or weapons of
mass destruction.
---------------------------------------------------------------------------
\6\ Sec. 221(a)(1) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
292) amended and restated subpara. (C). It previously read as follows:
``(C) used to facilitate the development or production of a
chemical or biological weapon or weapon of mass destruction.''.
---------------------------------------------------------------------------
SEC. 905.\7\ TERMINATION OF SANCTIONS.
Any unilateral agricultural sanction or unilateral medical
sanction that is imposed pursuant to the procedures described
in section 903(a) shall terminate not later than 2 years after
the date on which the sanction became effective unless--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 7204.
---------------------------------------------------------------------------
(1) not later than 60 days before the date of
termination of the sanction, the President submits to
Congress a report containing--
(A) the recommendation of the President for
the continuation of the sanction for an
additional period of not to exceed 2 years; and
(B) the request of the President for approval
by Congress of the recommendation; and
(2) there is enacted into law a joint resolution
stating the approval of Congress for the report
submitted under paragraph (1).
SEC. 906.\8\ STATE SPONSORS OF INTERNATIONAL TERRORISM.
(a) Requirement.--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 7205.
---------------------------------------------------------------------------
(1) In general.--Notwithstanding any other provision
of this title (other than section 904), the export of
agricultural commodities, medicine, or medical devices
to Cuba, the Taliban or the territory of Afghanistan
controlled by the Taliban,\9\ or to the government of a
country that has been determined by the Secretary of
State to have repeatedly provided support for acts of
international terrorism under section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371),
section 6( j)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2405( j)(1)), or section 40(d) of
the Arms Export Control Act (22 U.S.C. 2780(d)), or to
any other entity in such a country, shall only be made
pursuant to 1-year licenses issued by the United States
Government for contracts entered into during the 1-year
period of the license and shipped within the 12-month
period beginning on the date of the signing of the
contract, except that the requirements of such 1-year
licenses shall be no more restrictive than license
exceptions administered by the Department of Commerce
or general licenses administered by the Department of
the Treasury, except that procedures shall be in place
to deny licenses for exports to any entity within such
country, or in the territory of Afghanistan controlled
by the Taliban,\10\ promoting international terrorism.
---------------------------------------------------------------------------
\9\ Sec. 221(a)(2)(A) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
292) inserted ``, the Taliban or the territory of Afghanistan
controlled by the Taliban,''.
\10\ Sec. 221(a)(2)(B) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
292) inserted ``, or in the territory of Afghanistan controlled by the
Taliban,''.
---------------------------------------------------------------------------
(2) Exception.--Paragraph (1) shall not apply with
respect to the export of agricultural commodities,
medicine, or medical devices to the Government of Syria
or to the Government of North Korea, or to any other
entity in Syria or North Korea.\11\
---------------------------------------------------------------------------
\11\ Sec. 221(a)(3) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
292) inserted ``, or to any other entity in Syria or North Korea''.
---------------------------------------------------------------------------
(b) Quarterly Reports.--The applicable department or agency
of the Federal Government shall submit to the appropriate
congressional committees on a quarterly basis a report on any
activities undertaken under subsection (a)(1) during the
preceding calendar quarter.
(c) Biennial Reports.--Not later than 2 years after the date
of enactment of this Act, and every 2 years thereafter, the
applicable department or agency of the Federal Government shall
submit a report to the appropriate congressional committees on
the operation of the licensing system under this section for
the preceding 2-year period, including--
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) the average amount of time elapsed from the date
of filing of a license application until the date of
its approval;
(4) the extent to which the licensing procedures were
effectively implemented; and
(5) a description of comments received from
interested parties about the extent to which the
licensing procedures were effective, after the
applicable department or agency holds a public 30-day
comment period.
SEC. 907.\12\ CONGRESSIONAL PROCEDURES.
(a) Referral of Report.--A report described in section
903(a)(1) or 905(1) shall be referred to the appropriate
committee or committees of the House of Representatives and to
the appropriate committee or committees of the Senate.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 7206.
---------------------------------------------------------------------------
(b) Referral of Joint Resolution.--
(1) In general.--A joint resolution introduced in the
Senate shall be referred to the Committee on Foreign
Relations, and a joint resolution introduced in the
House of Representatives shall be referred to the
Committee on International Relations.
(2) Reporting date.--A joint resolution referred to
in paragraph (1) may not be reported before the eighth
session day of Congress after the introduction of the
joint resolution.
SEC. 908.\13\ PROHIBITION ON UNITED STATES ASSISTANCE AND FINANCING.
(a) Prohibition on United States Assistance.--
---------------------------------------------------------------------------
\13\ 22 U.S.C. 7207.
---------------------------------------------------------------------------
(1) In general.--Notwithstanding any other provision
of law, no United States Government assistance,
including United States foreign assistance, United
States export assistance, and any United States credit
or guarantees shall be available for exports to Cuba or
for commercial exports to Iran, Libya, North Korea, or
Sudan.
(2) Rule of construction.--Nothing in paragraph (1)
shall be construed to alter, modify, or otherwise
affect the provisions of section 109 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of
1996 (22 U.S.C. 6039) or any other provision of law
relating to Cuba in effect on the day before the date
of the enactment of this Act.
(3) Waiver.--The President may waive the application
of paragraph (1) with respect to Iran, Libya, North
Korea, and Sudan to the degree the President determines
that it is in the national security interest of the
United States to do so, or for humanitarian reasons.
(b) Prohibition on Financing of Agricultural Sales to Cuba.--
(1) In general.--No United States person may provide
payment or financing terms for sales of agricultural
commodities or products to Cuba or any person in Cuba,
except in accordance with the following terms
(notwithstanding part 515 of title 31, Code of Federal
Regulations, or any other provision of law):
(A) Payment of cash in advance.
(B) Financing by third country financial
institutions (excluding United States persons
or Government of Cuba entities), except that
such financing may be confirmed or advised by a
United States financial institution.
Nothing in this paragraph authorizes payment terms or
trade financing involving a debit or credit to an
account of a person located in Cuba or of the
Government of Cuba maintained on the books of a United
States depository institution.
(2) Penalties.--Any private person or entity that
violates paragraph (1) shall be subject to the
penalties provided in the Trading With the Enemy Act
for violations under that Act.
(3) Administration and enforcement.--The President
shall issue such regulations as are necessary to carry
out this section, except that the President, in lieu of
issuing new regulations, may apply any regulations in
effect on the date of the enactment of this Act,
pursuant to the Trading With the Enemy Act, with
respect to the conduct prohibited in paragraph (1).
(4) Definitions.--In this subsection--
(A) the term ``financing'' includes any loan
or extension of credit;
(B) the term ``United States depository
institution'' means any entity (including its
foreign branches or subsidiaries) organized
under the laws of any jurisdiction within the
United States, or any agency, office or branch
located in the United States of a foreign
entity, that is engaged primarily in the
business of banking (including a bank, savings
bank, savings association, credit union, trust
company, or United States bank holding
company); and
(C) the term ``United States person'' means
the Federal Government, any State or local
government, or any private person or entity of
the United States.
SEC. 909.\14\ PROHIBITION ON ADDITIONAL IMPORTS FROM CUBA.
Nothing in this title shall be construed to alter, modify, or
otherwise affect the provisions of section 515.204 of title 31,
Code of Federal Regulations, relating to the prohibition on the
entry into the United States of merchandise that: (1) is of
Cuban origin; (2) is or has been located in or transported from
or through Cuba; or (3) is made or derived in whole or in part
of any article which is the growth, produce, or manufacture of
Cuba.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 7208.
---------------------------------------------------------------------------
SEC. 910.\15\ REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED
TRANSACTIONS WITH CUBA.
(a) Authorization of Travel Relating to Commercial Sale of
Agricultural Commodities.--The Secretary of the Treasury shall
promulgate regulations under which the travel-related
transactions listed in subsection (c) of section 515.560 of
title 31, Code of Federal Regulations, may be authorized on a
case-by-case basis by a specific license for travel to, from,
or within Cuba for the commercial export sale of agricultural
commodities pursuant to the provisions of this title.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 7209.
---------------------------------------------------------------------------
(b) Prohibition on Travel Relating to Tourist Activities.--
(1) In general.--Notwithstanding any other provision
of law or regulation, the Secretary of the Treasury, or
any other Federal official, may not authorize the
travel-related transactions listed in subsection (c) of
section 515.560 of title 31, Code of Federal
Regulations, either by a general license or on a case-
by-case basis by a specific license for travel to,
from, or within Cuba for tourist activities.
(2) Definition.--In this subsection, the term
``tourist activities'' means any activity with respect
to travel to, from, or within Cuba that is not
expressly authorized in subsection (a) of this section,
in any of paragraphs (1) through (12) of section
515.560 of title 31, Code of Federal Regulations, or in
any section referred to in any of such paragraphs (1)
through (12) (as such sections were in effect on June
1, 2000).
SEC. 911. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title shall take effect on the date of enactment of this Act,
and shall apply thereafter in any fiscal year.
(b) Existing Sanctions.--In the case of any unilateral
agricultural sanction or unilateral medical sanction that is in
effect as of the date of enactment of this Act, this title
shall take effect 120 days after the date of enactment of this
Act, and shall apply thereafter in any fiscal year.
f. Economic Relations with Narcotics Traffickers
(1) Foreign Narcotics Kingpin Designation Act
Partial text of Public Law 106-120 [Intelligence Authorization Act for
Fiscal Year 2000, H.R. 13333], 113 Stat. 1606, approved December 3,
1999; as amended by Public Law 107-108 [Intelligence Authorization Act
for Fiscal Year 2002; H.R. 2883], 115 Stat. 1394, approved December 28,
2001
AN ACT To authorize appropriations for fiscal year 2000 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2000''.
* * * * * * *
TITLE VIII--INTERNATIONAL NARCOTICS TRAFFICKING
SEC. 801.\1\ SHORT TITLE.
This title may be cited as the ``Foreign Narcotics Kingpin
Designation Act''.
---------------------------------------------------------------------------
\1\ 21 U.S.C. 1901 note.
---------------------------------------------------------------------------
SEC. 802.\2\ FINDINGS AND POLICY.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 21 U.S.C. 1901.
---------------------------------------------------------------------------
(1) Presidential Decision Directive 42, issued on
October 21, 1995, ordered agencies of the executive
branch of the United States Government to, inter alia,
increase the priority and resources devoted to the
direct and immediate threat international crime
presents to national security, work more closely with
other governments to develop a global response to this
threat, and use aggressively and creatively all legal
means available to combat international crime.
(2) Executive Order No. 12978 of October 21, 1995,
provides for the use of the authorities in the
International Emergency Economic Powers Act (IEEPA) (50
U.S.C. 1701 et seq.) to target and apply sanctions to
four international narcotics traffickers and their
organizations that operate from Colombia.
(3) IEEPA was successfully applied to international
narcotics traffickers in Colombia and based on that
successful case study, Congress believes similar
authorities should be applied worldwide.
(4) There is a national emergency resulting from the
activities of international narcotics traffickers and
their organizations that threatens the national
security, foreign policy, and economy of the United
States.
(b) Policy.--It shall be the policy of the United States to
apply economic and other financial sanctions to significant
foreign narcotics traffickers and their organizations worldwide
to protect the national security, foreign policy, and economy
of the United States from the threat described in subsection
(a)(4).
SEC. 803.\3\ PURPOSE.
The purpose of this title is to provide authority for the
identification of, and application of sanctions on a worldwide
basis to, significant foreign narcotics traffickers, their
organizations, and the foreign persons who provide support to
those significant foreign narcotics traffickers and their
organizations, whose activities threaten the national security,
foreign policy, and economy of the United States.
---------------------------------------------------------------------------
\3\ 21 U.S.C. 1902.
---------------------------------------------------------------------------
SEC. 804.\4\ PUBLIC IDENTIFICATION OF SIGNIFICANT FOREIGN NARCOTICS
TRAFFICKERS AND REQUIRED REPORTS.
(a) Provision of Information to the President.--The
Secretary of the Treasury, the Attorney General, the Secretary
of Defense, the Secretary of State, and the Director of Central
Intelligence shall consult among themselves and provide the
appropriate and necessary information to enable the President
to submit the report under subsection (b). This information
shall also be provided to the Director of the Office of
National Drug Control Policy.
---------------------------------------------------------------------------
\4\ 21 U.S.C. 1903.
---------------------------------------------------------------------------
(b) Public Identification and Sanctioning of Significant
Foreign Narcotics Traffickers.--Not later than June 1, 2000,
and not later than June 1 of each year thereafter, the
President shall submit a report to the Permanent Select
Committee on Intelligence, and the Committees on the Judiciary,
International Relations, Armed Services, and Ways and Means of
the House of Representatives; and to the Select Committee on
Intelligence, and the Committees on the Judiciary, Foreign
Relations, Armed Services, and Finance of the Senate
(1) identifying publicly the foreign persons that the
President determines are appropriate for sanctions
pursuant to this title; and
(2) detailing publicly the President's intent to
impose sanctions upon these significant foreign
narcotics traffickers pursuant to this title.
The report required in this subsection shall not include
information on persons upon which United States sanctions
imposed under this title, or otherwise on account of narcotics
trafficking, are already in effect.
(c) Unclassified Report Required.--The report required by
subsection (b) shall be submitted in unclassified form and made
available to the public.
(d) Classified Report.--(1) Not later than July 1, 2000,
and not later than July 1 of each year thereafter, the
President shall provide the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate with a report in
classified form describing in detail the status of the
sanctions imposed under this title, including the personnel and
resources directed towards the imposition of such sanctions
during the preceding fiscal year, and providing background
information with respect to newly-identified significant
foreign narcotics traffickers and their activities.
(2) Such classified report shall describe actions the
President intends to undertake or has undertaken with respect
to such significant foreign narcotics traffickers.
(3) The report required under this subsection is in
addition to the President's obligations to keep the
intelligence committees of Congress fully and currently
informed pursuant to the provisions of the National Security
Act of 1947.
(e) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other
provision of this section, the reports described in
subsections (b) and (d) shall not disclose the identity
of any person, if the Director of Central Intelligence
determines that such disclosure could compromise an
intelligence operation, activity, source, or method of
the United States.
(2) Law enforcement.--Notwithstanding any other
provision of this section, the reports described in
subsections (b) and (d) shall not disclose the name of
any person if the Attorney General, in coordination as
appropriate with the Director of the Federal Bureau of
Investigation, the Administrator of the Drug
Enforcement Administration, and the Secretary of the
Treasury, determines that such disclosure could
reasonably be expected to--
(A) compromise the identity of a confidential
source, including a State, local, or foreign
agency or authority or any private institution
that furnished information on a confidential
basis;
(B) jeopardize the integrity or success of an
ongoing criminal investigation or prosecution;
(C) endanger the life or physical safety of
any person; or
(D) cause substantial harm to physical
property.
(f) Notification Required.--(1) Whenever either the
Director of Central Intelligence or the Attorney General makes
a determination under subsection (e), the Director of Central
Intelligence or the Attorney General shall notify the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate, and explain the reasons for such determination.
(2) The notification required under this subsection shall
be submitted to the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate not later than July 1, 2000, and on
an annual basis thereafter.
(g) Determinations Not to Apply Sanctions.--(1) The
President may waive the application to a significant foreign
narcotics trafficker of any sanction authorized by this title
if the President determines that the application of sanctions
under this title would significantly harm the national security
of the United States.
(2) When the President determines not to apply sanctions
that are authorized by this title to any significant foreign
narcotics trafficker, the President shall notify the Permanent
Select Committee on Intelligence, and the Committees on the
Judiciary, International Relations, Armed Services, and Ways
and Means of the House of Representatives, and the Select
Committee on Intelligence, and the Committees on the Judiciary,
Foreign Relations, Armed Services, and Finance of the Senate
not later than 21 days after making such determination.
(h) Changes in Determinations to Impose Sanctions.--
(1) Additional determinations.--
(A) If at any time after the report required
under subsection (b) the President finds that a
foreign person is a significant foreign
narcotics trafficker and such foreign person
has not been publicly identified in a report
required under subsection (b), the President
shall submit an additional public report
containing the information described in
subsection (b) with respect to such foreign
person to the Permanent Select Committee on
Intelligence, and the Committees on the
Judiciary, International Relations, Armed
Services, and Ways and Means of the House of
Representatives, and the Select Committee on
Intelligence, and the Committees on the
Judiciary, Foreign Relations, Armed Services,
and Finance of the Senate.
(B) The President may apply sanctions
authorized under this title to the significant
foreign narcotics trafficker identified in the
report submitted under subparagraph (A) as if
the trafficker were originally included in the
report submitted pursuant to subsection (b) of
this section.
(C) The President shall notify the Secretary
of the Treasury of any determination made under
this paragraph.
(2) Revocation of determination.--
(A) Whenever the President finds that a
foreign person that has been publicly
identified as a significant foreign narcotics
trafficker in the report required under
subsection (b) or this subsection no longer
engages in those activities for which sanctions
under this title may be applied, the President
shall issue public notice of such a finding.
(B) Not later than the date of the public
notice issued pursuant to subparagraph (A), the
President shall notify, in writing and in
classified or unclassified form, the Permanent
Select Committee on Intelligence, and the
Committees on the Judiciary, International
Relations, Armed Services, and Ways and Means
of the House of Representatives, and the Select
Committee on Intelligence, and the Committees
on the Judiciary, Foreign Relations, Armed
Services, and Finance of the Senate of actions
taken under this paragraph and a description of
the basis for such actions.
SEC. 805.\5\ BLOCKING ASSETS AND PROHIBITING TRANSACTIONS.
(a) Applicability of Sanctions.--A significant foreign
narcotics trafficker publicly identified in the report required
under subsection (b) or (h)(1) of section 804 and foreign
persons designated by the Secretary of the Treasury pursuant to
subsection (b) of this section shall be subject to any and all
sanctions as authorized by this title. The application of
sanctions on any foreign person pursuant to subsection (b) or
(h)(1) of section 804 or subsection (b) of this section shall
remain in effect until revoked pursuant to section 804(h)(2) or
subsection (e)(1)(A) of this section or waived pursuant to
section 804(g)(1).
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\5\ 21 U.S.C. 1904.
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(b) Blocking of Assets.--Except to the extent provided in
regulations, orders, instructions, licenses, or directives
issued pursuant to this title, and notwithstanding any contract
entered into or any license or permit granted prior to the date
on which the President submits the report required under
subsection (b) or (h)(1) of section 804, there are blocked as
of such date, and any date thereafter, all such property and
interests in property within the United States, or within the
possession or control of any United States person, which are
owned or controlled by--
(1) any significant foreign narcotics trafficker
publicly identified by the President in the report
required under subsection (b) or (h)(1) of section 804;
(2) any foreign person that the Secretary of the
Treasury, in consultation with the Attorney General,
the Director of Central Intelligence, the Director of
the Federal Bureau of Investigation, the Administrator
of the Drug Enforcement Administration, the Secretary
of Defense, and the Secretary of State, designates as
materially assisting in, or providing financial or
technological support for or to, or providing goods or
services in support of, the international narcotics
trafficking activities of a significant foreign
narcotics trafficker so identified in the report
required under subsection (b) or (h)(1) of section 804,
or foreign persons designated by the Secretary of the
Treasury pursuant to this subsection;
(3) any foreign person that the Secretary of the
Treasury, in consultation with the Attorney General,
the Director of Central Intelligence, the Director of
the Federal Bureau of Investigation, the Administrator
of the Drug Enforcement Administration, the Secretary
of Defense, and the Secretary of State, designates as
owned, controlled, or directed by, or acting for or on
behalf of, a significant foreign narcotics trafficker
so identified in the report required under subsection
(b) or (h)(1) of section 804, or foreign persons
designated by the Secretary of the Treasury pursuant to
this subsection; and
(4) any foreign person that the Secretary of the
Treasury, in consultation with the Attorney General,
the Director of Central Intelligence, the Director of
the Federal Bureau of Investigation, the Administrator
of the Drug Enforcement Administration, the Secretary
of Defense, and the Secretary of State, designates as
playing a significant role in international narcotics
trafficking.
(c) Prohibited Transactions.--Except to the extent provided
in regulations, orders, instructions, licenses, or directives
issued pursuant to this title, and notwithstanding any contract
entered into or any license or permit granted prior to the date
on which the President submits the report required under
subsection (b) or (h)(1) of section 804, the following
transactions are prohibited:
(1) Any transaction or dealing by a United States
person, or within the United States, in property or
interests in property of any significant foreign
narcotics trafficker so identified in the report
required pursuant to subsection (b) or (h)(1) of
section 804, and foreign persons designated by the
Secretary of the Treasury pursuant to subsection (b) of
this section.
(2) Any transaction or dealing by a United States
person, or within the United States, that evades or
avoids, or has the effect of evading or avoiding, and
any endeavor, attempt, or conspiracy to violate, any of
the prohibitions contained in this title.
(d) Law Enforcement and Intelligence Activities
Unaffected.--Nothing in this title prohibits or otherwise
limits the authorized law enforcement or intelligence
activities of the United States, or the law enforcement
activities of any State or subdivision thereof.
(e) Implementation.--(1) The Secretary of the Treasury, in
consultation with the Attorney General, the Director of Central
Intelligence, the Director of the Federal Bureau of
Investigation, the Administrator of the Drug Enforcement
Administration, the Secretary of Defense, and the Secretary of
State, is authorized to take such actions as may be necessary
to carry out this title, including--
(A) making those designations authorized by
paragraphs (2), (3), and (4) of subsection (b) of this
section and revocation thereof;
(B) promulgating rules and regulations permitted
under this title; and
(C) employing all powers conferred on the Secretary
of the Treasury under this title.
(2) Each agency of the United States shall take all
appropriate measures within its authority to carry out the
provisions of this title.
(3) Section 552(a)(3) of title 5, United States Code, shall
not apply to any record or information obtained or created in
the implementation of this title.
(f) * * * [Repealed-2001] \6\
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\6\ Sec. 307 of the Intelligence Authorization Act for Fiscal Year
2002 (Public Law 107-108; 115 Stat. 1399) struck out subsec. (f). It
previously read as follows:
``(f) Judicial Review.--The determinations, identifications,
findings, and designations made pursuant to section 804 and subsection
(b) of this section shall not be subject to judicial review.''.
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SEC. 806. \7\ AUTHORITIES.
(a) In General.--To carry out the purposes of this title,
the Secretary of the Treasury may, under such regulations as he
may prescribe, by means of instructions, licenses, or
otherwise--
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\7\ 21 U.S.C. 1905.
---------------------------------------------------------------------------
(1) investigate, regulate, or prohibit--
(A) any transactions in foreign exchange,
currency, or securities; and
(B) transfers of credit or payments between,
by, through, or to any banking institution, to
the extent that such transfers or payments
involve any interests of any foreign country or
a national thereof; and
(2) investigate, block during the pendency of an
investigation, regulate, direct and compel, nullify,
void, prevent, or prohibit any acquisition, holding,
withholding, use, transfer, withdrawal, transportation,
placement into foreign or domestic commerce of, or
dealing in, or exercising any right, power, or
privilege with respect to, or transactions involving,
any property in which any foreign country or a national
thereof has any interest, by any person, or with
respect to any property, subject to the jurisdiction of
the United States.
(b) Recordkeeping.--Pursuant to subsection (a), the
Secretary of the Treasury may require recordkeeping, reporting,
and production of documents to carry out the purposes of this
title.
(c) Defenses.--
(1) Full and actual compliance with any regulation,
order, license, instruction, or direction issued under
this title shall be a defense in any proceeding
alleging a violation of any of the provisions of this
title.
(2) No person shall be held liable in any court for
or with respect to anything done or omitted in good
faith in connection with the administration of, or
pursuant to, and in reliance on this title, or any
regulation, instruction, or direction issued under this
title.
(d) Rulemaking.--The Secretary of the Treasury may issue
such other regulations or orders, including regulations
prescribing recordkeeping, reporting, and production of
documents, definitions, licenses, instructions, or directions,
as may be necessary for the exercise of the authorities granted
by this title.
SEC. 807.\8\ ENFORCEMENT.
(a) Criminal Penalties.--(1) Whoever willfully violates the
provisions of this title, or any license rule, or regulation
issued pursuant to this title, or willfully neglects or refuses
to comply with any order of the President issued under this
title shall be--
---------------------------------------------------------------------------
\8\ 21 U.S.C. 1906.
---------------------------------------------------------------------------
(A) imprisoned for not more than 10 years,
(B) fined in the amount provided in title 18, United
States Code or, in the case of an entity, fined not
more than $10,000,000, or both.
(2) Any officer, director, or agent of any entity who
knowingly participates in a violation of the provisions of this
title shall be imprisoned for not more than 30 years, fined not
more than $5,000,000, or both.
(b) Civil Penalties.--A civil penalty not to exceed
$1,000,000 may be imposed by the Secretary of the Treasury on
any person who violates any license, order, rule, or regulation
issued in compliance with the provisions of this title.
(c) Judicial Review of Civil Penalty.--Any penalty imposed
under subsection (b) shall be subject to judicial review only
to the extent provided in section 702 of title 5, United States
Code.
SEC. 808.\9\ DEFINITIONS.
As used in this title:
---------------------------------------------------------------------------
\9\ 21 U.S.C. 1907.
---------------------------------------------------------------------------
(1) Entity.--The term ``entity'' means a partnership,
joint venture, association, corporation, organization,
network, group, or subgroup, or any form of business
collaboration.
(2) Foreign person.--The term ``foreign person''
means any citizen or national of a foreign state or any
entity not organized under the laws of the United
States, but does not include a foreign state.
(3) Narcotics trafficking.--The term ``narcotics
trafficking'' means any illicit activity to cultivate,
produce, manufacture, distribute, sell, finance, or
transport narcotic drugs, controlled substances, or
listed chemicals, or otherwise endeavor or attempt to
do so, or to assist, abet, conspire, or collude with
others to do so.
(4) Narcotic drug; controlled substance; listed
chemical.--The terms ``narcotic drug'', ``controlled
substance'', and ``listed chemical'' have the meanings
given those terms in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(5) Person.--The term ``person'' means an individual
or entity.
(6) United states person.--The term ``United States
person'' means any United States citizen or national,
permanent resident alien, an entity organized under the
laws of the United States (including its foreign
branches), or any person within the United States.
(7) Significant foreign narcotics trafficker.--The
term ``significant foreign narcotics trafficker'' means
any foreign person that plays a significant role in
international narcotics trafficking, that the President
has determined to be appropriate for sanctions pursuant
to this title, and that the President has publicly
identified in the report required under subsection (b)
or (h)(1) of section 804.
SEC. 809.\10\ EXCLUSION OF PERSONS WHO HAVE BENEFITED FROM ILLICIT
ACTIVITIES OF DRUG TRAFFICKERS. * * *
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\10\ Sec. 809 amends sec. 212(a)(2)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)(C)).
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SEC. 810.\11\ JUDICIAL REVIEW COMMISSION ON FOREIGN ASSET CONTROL.
(a) Establishment.--There is established a commission to be
known as the `Judicial Review Commission on Foreign Asset
Control' (in this section referred to as the `Commission').
---------------------------------------------------------------------------
\11\ 21 U.S.C. 1908.
---------------------------------------------------------------------------
(b) Membership and Procedural Matters.--(1) The Commission
shall be composed of five members, as follows:
(A) One member shall be appointed by the Chairman of
the Select Committee on Intelligence of the Senate.
(B) One member shall be appointed by the Vice
Chairman of the Select Committee on Intelligence of the
Senate.
(C) One member shall be appointed by the Chairman of
the Permanent Select Committee on Intelligence of the
House of Representatives.
(D) One member shall be appointed by the Ranking
Minority Member of the Permanent Select Committee on
Intelligence of the House of Representatives.
(E) One member shall be appointed jointly by the
members appointed under subparagraphs (A) through (D).
(2) Each member of the Commission shall, for purposes of
the activities of the Commission under this section, possess or
obtain an appropriate security clearance in accordance with
applicable laws and regulations regarding the handling of
classified information.
(3) The members of the Commission shall choose the chairman
of the Commission from among the members of the Commission.
(4) The members of the Commission shall establish rules
governing the procedures and proceedings of the Commission.
(c) Duties.--The Commission shall have as its duties the
following:
(1) To conduct a review of the current judicial,
regulatory, and administrative authorities relating to
the blocking of assets of foreign persons by the United
States Government.
(2) To conduct a detailed examination and evaluation
of the remedies available to United States persons
affected by the blocking of assets of foreign persons
by the United States Government.
(d) Powers.--(1) The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out the purposes of this section.
(2) The Commission may secure directly from any executive
department, agency, bureau, board, commission, office,
independent establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this section. Each such department, agency, bureau,
board, commission, office, establishment, or instrumentality
shall, to the extent authorized by law, furnish such
information, suggestions, estimates, and statistics directly to
the Commission, upon request of the chairman of the Commission.
The Commission shall handle and protect all classified
information provided to it under this section in accordance
with applicable statutes and regulations.
(3) The Attorney General and the Secretary of the Treasury
shall provide to the Commission, on a nonreimbursable basis,
such administrative services, funds, facilities, and other
support services as are necessary for the performance of the
Commission's duties under this section.
(4) The Commission shall receive the full and timely
cooperation of any official, department, or agency of the
United States Government whose assistance is necessary for the
fulfillment of the duties of the Commission under this section,
including the provision of full and current briefings and
analyses.
(5) No department or agency of the Government may withhold
information from the Commission on the grounds that providing
the information to the Commission would constitute the
unauthorized disclosure of classified information or
information relating to intelligence sources or methods.
(6) The Commission may use the United States mails in the
same manner and under the same conditions as the departments
and agencies of the United States.
(e) Staff.--(1) Subject to paragraph (2), the chairman of
the Commission, in accordance with rules agreed upon by the
Commission, shall appoint and fix the compensation of a staff
director and such other personnel as may be necessary to enable
the Commission to carry out its duties, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III or chapter 53
of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable to a
person occupying a position at level V of the Executive
Schedule under section 5316 of such title.
(2)(A) Any employee of a department or agency referred to
in subparagraph (B) may be detailed to the Commission without
reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(B) The departments and agencies referred to in this
subparagraph are as follows:
(i) The Department of Justice.
(ii) The Department of the Treasury.
(iii) The Central Intelligence Agency.
(3) All staff of the Commission shall possess a security
clearance in accordance with applicable laws and regulations
concerning the handling of classified information.
(f) Compensation and Travel Expenses.--(1)(A) Except as
provided in subparagraph (B), each member of the Commission may
be compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day during which that member is engaged
in the actual performance of the duties of the Commission under
this section.
(B) Members of the Commission who are officers or employees
of the United States shall receive no additional pay by reason
of their service on the Commission.
(2) While away from their homes or regular places of
business in the performance of services for the Commission,
members of the Commission may be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service
are allowed expenses under section 5703(b) of title 5, United
States Code.
(g) Report.--(1) Not later than 1 year after the date of
the enactment of this Act, the Commissions shall submit to the
committees of Congress referred to in paragraph (4) a report on
the activities of the Commission under this section, including
the findings, conclusions, and recommendations, if any, of the
Commission as a result of the review under subsection (c)(1)
and the examination and evaluation under subsection (c)(2).
(2) The report under paragraph (1) shall include any
additional or dissenting views of a member of the Commission
upon the request of the member.
(3) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(4) The committees of Congress referred to in this
paragraph are the following:
(A) The Select Committee on Intelligence and the
Committees on Foreign Relations and the Judiciary of
the Senate.
(B) The Permanent Select Committee on Intelligence
and the Committees on International Relations and the
Judiciary of the House of Representatives.
(h) Termination.--The Commission shall terminate at the end
of the 60-day period beginning on the date on which the report
required by subsection (g) is submitted to the committees of
Congress referred to in that subsection.
(i) Inapplicability of Certain Administrative Provisions.--
(1) The provisions of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the activities of the
Commission under this section.
(2) The provisions of section 552 of title 5, United States
Code (commonly referred to as the Freedom of Information Act),
shall not apply to the activities, records, and proceedings of
the Commission under this title.
(j) Funding.--The Attorney General shall, from amounts
authorized to be appropriated to the Attorney General by this
Act, make available to the Commission $1,000,000 for purposes
of the activities of the Commission under this section. Amounts
made available to the Commission under the preceding sentence
shall remain available until expended
SEC. 811.\12\ EFFECTIVE DATE.
This title shall take effect on the date of the enactment
of this Act.
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\12\ 21 U.S.C. 1901 note.
(2) Blocking Assets and Prohibiting Transactions With Significant
Narcotics Traffickers
Executive Order 12978, October 21, 1995, 60 F.R. 54579, 50 U.S.C. 1701
note; as amended by Executive Order 13286, February 28, 2003, 68 F.R.
10619
By the authority vested in me as President by the
Constitution and the laws of the United States of america,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, WILLIAM J. CLINTON, President of the United States of
America, find that the actions of significant foreign narcotics
traffickers centered in Colombia, and the unparalleled
violence, corruption, and harm that they cause in the United
States and abroad, constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of
the United States, and hereby declare a national emergency to
deal with that threat.\1\
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\1\ Continuation of the national emergency was contained in the
following: Notice of the President, October 16, 1996 (61 F.R. 29455);
Notice of the President, October 17, 1997 (62 F.R. 54561); Notice of
the President, October 19, 1998 (63 F.R. 56079); Notice of the
President, October 19, 1999 (64 F.R. 56667; Notice of the President,
October 19, 2000 (65 F.R. 63193); Notice of the President, October 16,
2001 (66 F.R. 53073); Notice of the President, October 16, 2002 (67
F.R. 64307); Notice of the President, October 16, 2003 (68 F.R. 60021);
Notice of the President, October 19, 2004 (69 F.R. 61733); and Notice
of the President, October 19, 2005 (70 F.R. 61209).
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Section 1. Except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)) and in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date, I hereby
order blocked all property and interests in property that are
or hereafter come within the United States, or that are or
hereafter come within the possession or control of United
States persons, of:
(a) the foreign persons listed in the Annex to this
order;
(b) foreign persons determined by the Secretary of
the Treasury, in consultation with the Attorney
General, the Secretary of Homeland Security,\2\ and the
Secretary of State:
---------------------------------------------------------------------------
\2\ Sec. 22 of Executive Order 13286 (68 F.R. 10624) inserted ``,
the Secretary of Homeland Security,''.
---------------------------------------------------------------------------
(i) to play a significant role in
international narcotics trafficking centered in
Colombia; or
(ii) materially to assist in, or provide
financial or technological support for or goods
or services in support of, the narcotics
trafficking activities of persons designated in
or pursuant to this order; and
(c) persons determined by the Secretary of the
Treasury, in consultation with the Attorney General,
the Secretary of Homeland Security,\2\ and the
Secretary of State, to be owned or controlled by, or to
act for or on behalf of, persons designated in or
pursuant to this order.
Sec. 2.\3\ Further, except to the extent provided in
section 203(b) of IEEPA and in regulations, orders, directives,
or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or
permit gran ted prior to the effective date, I hereby prohibit
the following:
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\3\ The Department of the Treasury issued notices of blocking
assets for a list of specially designated narcotics traffickers
effective October 23, 1995 (60 F.R. 54582). Amendments or additions to
the list were issued on: November 24, 1995 (60 F.R. 61288); March 5,
1996 (61 F.R. 9523); June 26, 1996 (61 F.R. 32936); January 15, 1997
(62 F.R. 2903); April 17, 1997 (62 F.R. 19500); June 27, 1997 (62 F.R.
34934); July 30, 1997 (62 F.R. 41850); September 9, 1997 (62 F.R.
48177); May 26, 1998 (63 F.R. 28896); June 25, 1999 (64 F.R. 34984);
March 29, 2000 (65 F.R. 17590); November 28, 2000 (65 F.R. 75628);
December 19, 2000 (65 F.R. 80749); and February 12, 2003 (68 F.R.
7168).
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(a) any transaction or dealing by United States
persons or within the United States in property or
interests in property of the persons designated in or
pursuant to this order;
(b) any transaction by any United States person or
within the United States that evades or avoids, or has
the purposes of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this
order.
Sec. 3. For the purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, corporation, or other organization, group
or subgroup;
(c) the term ``United States person'' means any
United States citizen or national, permanent resident
alien, entity organized under the laws of the United
States (including foreign branches), or any person in
the United States:
(d) the term ``foreign person'' means any citizen or
national of a foreign state (including any such
individual who is also a citizen or national of the
united States) or any entity not organized solely under
the laws of the United States or existing solely in the
United States, but does not include a foreign state;
and
(e) the term ``narcotics trafficking'' means any
activity undertaken illicitly to cultivate, produce,
manufacture, distribute, sell, finance or transport, or
otherwise assist, abet, conspire, or collude with
others in illicit activities relating to, narcotic
drugs, including, but not limited to, cocaine.
Sec. 4. The Secretary of the Treasury, in consultation with
the Attorney General, the Secretary of Homeland Security,\2\
and the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA as
may be necessary to carry out this order. The Secretary of the
Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All
agencies of the United States Government are hereby directed to
take all appropriate measures within their authority to carry
out this order.
Sec. 5. Nothing contained in this order shall create any
right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
Sec. 6. (a) This order is effective at 12:01 a.m. Eastern
Daylight Time on October 22, 1995.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
ANNEX
Gilberto Rodriguez Orejuela
Miiguel Angel Rodriguez Orejuela
Jose Santacruz Londono
Helmer Herrera Buitrago
g. Prohibitions on Economic Relations With Terrorists
(1) Clarification of Certain Executive Orders Blocking Property and
Prohibiting Certain Transactions
Executive Order 13372, February 16, 2005, 70 F.R. 8499, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act, as
amended (50 U.S.C. 1701 et seq.) (IEEPA), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of
the United Nations Participation Act of 1945, as amended (22
U.S.C. 287c) (UNPA), and section 301 of title 3, United States
Code,
I, GEORGE W. BUSH, President of the United States of
America, in order to clarify the steps taken in Executive Order
12947 of January 23, 1995, as amended by Executive Order 13099
of August 20, 1998; and Executive Order 13224 of September 23,
2001, as amended by Executive Order 13268 of July 2, 2002, and
Executive Order 13284 of January 23, 2003, in particular with
respect to the implementation of section 203(b)(2) of IEEPA (50
U.S.C. 1702(b)(2)), hereby order:
Section 1.\1\ * * *
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\1\ Sec. 1 amended sec. 4 of Executive Order 13224.
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Sec. 2.\2\ * * *
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\2\ Sec. 2 amended sec. 3 of Executive Order 12947.
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Sec. 3. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA and
the UNPA as may be necessary to carry out the purposes of this
order. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United
States Government consistent with applicable law. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
(b) Nothing contained in this order shall relieve a person
from any requirement to obtain a license or other authorization
in compliance with applicable laws and regulations.
(c) Amendments to Executive Orders made by this order shall
take effect as of the date of this order.
Sec. 4. This order is not intended to, and does not, create
any right, benefit, or privilege, substantive or procedural,
enforceable at law or in equity by a party against the United
States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
Sec. 5. This order shall be transmitted to the Congress and
published in the Federal Register.
(2) Blocking Property and Prohibiting Transactions With Persons Who
Commit, Threaten To Commit, or Support Terrorism
Executive Order 13224, September 23, 2001, 66 F.R. 49079, 50 U.S.C.
1701 note; as amended by Executive Order 13268, July 2, 2002, 67 F.R.
44751; Executive Order 13284, January 23, 2003, 68 F.R. 4075; and
Executive Order 13372, February 16, 2005, 70 F.R. 8499
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 5 of the United Nations
Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA),
and section 301 of title 3, United States Code, and in view of
United Nations Security Council Resolution (UNSCR) 1214 of
December 8, 1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of
December 19, 2000, and the multilateral sanctions contained
therein, and UNSCR 1363 of July 30, 2001, establishing a
mechanism to monitor the implementation of UNSCR 1333,
I, GEORGE W. BUSH, President of the United States of
America, find that grave acts of terrorism and threats of
terrorism committed by foreign terrorists, including the
terrorist attacks in New York, Pennsylvania, and the Pentagon
committed on September 11, 2001, acts recognized and condemned
in UNSCR 1368 of September 12, 2001, and UNSCR 1269 of October
19, 1999, and the continuing and immediate threat of further
attacks on United States nationals or the United States
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
in furtherance of my proclamation of September 14, 2001,
Declaration of National Emergency by Reason of Certain
Terrorist Attacks, hereby declare a national emergency to deal
with that threat. I also find that because of the pervasiveness
and expansiveness of the financial foundation of foreign
terrorists, financial sanctions may be appropriate for those
foreign persons that support or otherwise associate with these
foreign terrorists. I also find that a need exists for further
consultation and cooperation with, and sharing of information
by, United States and foreign financial institutions as an
additional tool to enable the United States to combat the
financing of terrorism.
I hereby order:
Section 1. Except to the extent required by section 203(b)
of IEEPA (50 U.S.C. 1702(b)), or provided in regulations,
orders, directives, or licenses that may be issued pursuant to
this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of
this order, all property and interests in property of the
following persons that are in the United States or that
hereafter come within the United States, or that hereafter come
within the possession or control of United States persons are
blocked:
(a) foreign persons listed in the Annex to this
order;
(b) foreign persons determined by the Secretary of
State, in consultation with the Secretary of the
Treasury, the Secretary of Homeland Security,\1\ and
the Attorney General, to have committed, or to pose a
significant risk of committing, acts of terrorism that
threaten the security of U.S. nationals or the national
security, foreign policy, or economy of the United
States;
---------------------------------------------------------------------------
\1\ Sec. 4 of Executive Order 13284 (68 F.R. 4075) inserted ``,the
Secretary of Homeland Security,''.
---------------------------------------------------------------------------
(c) persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
the Secretary of Homeland Security,\1\ and the Attorney
General, to be owned or controlled by, or to act for or
on behalf of those persons listed in the Annex to this
order or those persons determined to be subject to
subsection 1(b), 1(c), or 1(d)(i) of this order;
(d) except as provided in section 5 of this order and
after such consultation, if any, with foreign
authorities as the Secretary of State, in consultation
with the Secretary of the Treasury, the Secretary of
Homeland Security,\1\ and the Attorney General, deems
appropriate in the exercise of his discretion, persons
determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary
of Homeland Security,\1\ and the Attorney General;
(i) to assist in, sponsor, or provide
financial, material, or technological support
for, or financial or other services to or in
support of, such acts of terrorism or those
persons listed in the Annex to this order or
determined to be subject to this order; or
(ii) to be otherwise associated with those
persons listed in the Annex to this order or
those persons determined to be subject to
subsection 1(b), 1(c), or 1(d)(i) of this
order.
Sec. 2. Except to the extent required by section 203(b) of
IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date:
(a) any transaction or dealing by United States
persons or within the United States in property or
interests in property blocked pursuant to this order is
prohibited, including but not limited to the making or
receiving of any contribution of funds, goods, or
services to or for the benefit of those persons listed
in the Annex to this order or determined to be subject
to this order;
(b) any transaction by any United States person or
within the United States that evades or avoids, or has
the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this
order is prohibited; and
(c) any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, corporation, or other organization, group,
or subgroup;
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States
(including foreign branches), or any person in the
United States; and
(d) the term ``terrorism'' means an activity that--
(i) involves a violent act or an act
dangerous to human life, property, or
infrastructure; and
(ii) appears to be intended--
(A) to intimidate or coerce a
civilian population;
(B) to influence the policy of a
government by intimidation or coercion;
or
(C) to affect the conduct of a
government by mass destruction,
assassination, kidnapping, or hostage-
taking.
Sec. 4.\2\ I hereby determine that the making of donations
of the type of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)), by, to, or for the benefit of, any
persons determined to be subject to this order would seriously
impair my ability to deal with the national emergency declared
in this order, and would endanger Armed Forces of the United
States that are in a situation where imminent involvement in
hostilities is clearly indicated by the circumstances, and I
hereby prohibit such donations as provided by section 1 of this
order. Furthermore, I hereby determine that the Trade Sanctions
Reform and Export Enhancement Act of 2000 (Title IX, Public Law
106-387) shall not affect the imposition or the continuation of
the imposition of any unilateral agricultural sanction or
unilateral medical sanction on any person determined to be
subject to this order because imminent involvement of the Armed
Forces of the United States in hostilities is clearly indicated
by the circumstances.
---------------------------------------------------------------------------
\2\ Sec. 1 of Executive Order 13372 (70 F.R. 8499) amended and
restated sec. 4. It previously read as follows:
``Sec. 4. I hereby determine that the making of donations of the
type specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by
United States persons to persons determined to be subject to this order
would seriously impair my ability to deal with the national emergency
declared in this order, and would endanger Armed Forces of the United
States that are in a situation where imminent involvement in
hostilities is clearly indicated by the circumstances, and hereby
prohibit such donations as provided by section 1 of this order.
Furthermore, I hereby determine that the Trade Sanctions Reform and
Export Enhancement Act of 2000 (title IX, Public Law 106-387) shall not
affect the imposition or the continuation of the imposition of any
unilateral agricultural sanction or unilateral medical sanction on any
person determined to be subject to this order because imminent
involvement of the Armed Forces of the United States in hostilities is
clearly indicated by the circumstances.''.
---------------------------------------------------------------------------
Sec. 5. With respect to those persons designated pursuant
to subsection 1(d) of this order, the Secretary of the
Treasury, in the exercise of his discretion and in consultation
with the Secretary of State, the Secretary of Homeland
Security,\1\ and the Attorney General, may take such other
actions than the complete blocking of property or interests in
property as the President is authorized to take under IEEPA and
UNPA if the Secretary of the Treasury, in consultation with the
Secretary of State, the Secretary of Homeland Security,\1\ and
the Attorney General, deems such other actions to be consistent
with the national interests of the United States, considering
such factors as he deems appropriate.
Sec. 6. The Secretary of State, the Secretary of the
Treasury, and other appropriate agencies shall make all
relevant efforts to cooperate and coordinate with other
countries, including through technical assistance, as well as
bilateral and multilateral agreements and arrangements, to
achieve the objectives of this order, including the prevention
and suppression of acts of terrorism, the denial of financing
and financial services to terrorists and terrorist
organizations, and the sharing of intelligence about funding
activities in support of terrorism.
Sec. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, the Secretary of Homeland Security,\1\
and the Attorney General, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA and
UNPA as may be necessary to carry out the purposes of this
order. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United
States Government. All agencies of the United States Government
are hereby directed to take all appropriate measures within
their authority to carry out the provisions of this order.
Sec. 8. Nothing in this order is intended to affect the
continued effectiveness of any rules, regulations, orders,
licenses, or other forms of administrative action issued,
taken, or continued in effect heretofore or hereafter under 31
C.F.R. chapter V, except as expressly terminated, modified, or
suspended by or pursuant to this order.
Sec. 9. Nothing contained in this order is intended to
create, nor does it create, any right, benefit, or privilege,
substantive or procedural, enforceable at law by a party
against the United States, its agencies, officers, employees or
any other person.
Sec. 10. For those persons listed in the Annex to this
order or determined to be subject to this order who might have
a constitutional presence in the United States, I find that
because of the ability to transfer funds or assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to this order would render these measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
this order, there need be no prior notice of a listing or
determination made pursuant to this order.
Sec. 11. (a) This order is effective at 12:01 a.m. eastern
daylight time on September 24, 2001.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
ANNEX
Al Qaida/Islamic Army
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic Jihad)
Islamic Movement of Uzbekistan (IMU)
Asbat al-Ansar
Salafist Group for Call and Combat (GSPC)
Libyan Islamic Fighting Group
Al-Itihaad al-Islamiya (AIAI)
Islamic Army of Aden
Usama bin Laden
Muhammad Atif (aka, Subhi Abu Sitta, Abu Hafs Al Masri)
Sayf al-Adl
Shaykh Sai'id (aka, Mustafa Muhammad Ahmad)
Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid,
Khalid Al-Shanqiti)
Ibn Al-Shaykh al-Libi
Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
Ayman al-Zawahiri
Thirwat Salah Shihata
Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
Muhammad Salah (aka, Nasr Fahmi Nasr Hasanayn)
Makhtab Al-Khidamat/Al Kifah
Wafa Humanitarian Organization
Al Rashid Trust
Mamoun Darkazanli Import-Export Company
Mohammed Omar (aka, Amir al-Mumineen [Commander of the
Faithful]) \3\
The Taliban.\3\
---------------------------------------------------------------------------
\3\ Sec. 1 of Executive Order 13268 (67 F.R. 44751) added Mohammed
Omar and the Taliban to the Annex list.
Sec. 2 of Executive Order 13268 further provided that ``For the
purposes of this order and Executive Order 13224 of September 23, 2001,
the term `the Taliban' is also known as the `Taleban,' `Islamic
Movement of Taliban,' `the Taliban Islamic Movement,' `Talibano Islami
Tahrik,' and `Tahrike Islami'a Taliban'. The Secretary of State, in
consultation with the Secretary of the Treasury, is hereby authorized
to modify the definition of the term `the Taliban,' as appropriate.''.
(3) Prohibiting Transactions With Terrorists Who Threaten To Disrupt
the Middle East Peace Process
Executive Order 12947, January 23, 1995, 60 F.R. 5079, 50 U.S.C. 1701
note; as amended by Executive Order 13099, August 20, 1998, 63 F.R.
45167; and Executive Order 13372, February 16, 2005, 70 F.R. 8499
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, WILLIAM J. CLINTON, President of the United States of
America, find that grave acts of violence committed by foreign
terrorists that disrupt the Middle East peace process
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that
threat.\1\
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\1\ In a notice of January 18, 1996 (61 F.R. 1695), the President
stated that this national emergency must continue in effect beyond
January 23, 1996. The national emergency was continued again by a
notice from the President on January 21, 1997 (62 F.R. 3439); on
January 21, 1998 (63 F.R. 3445); on January 20, 1999 (64 F.R. 3393); on
January 19, 2000 (65 F.R. 3581); on January 19, 2001 (66 F.R. 7369); on
January 18, 2002 (67 F.R. 3031); on January 20, 2003 (68 F.R. 3159); on
January 16, 2004 (69 F.R. 2989), and on January 17, 2005 (70 F.R.
3277).
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I hereby order:
Section 1. Except to the extent provided in section
203(b)(3) and (4) of IEEPA (50 U.S.C. 1702(b)(3) and (4)) and
in regulations, orders, directives, or licenses that may be
issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the
effective date: (a) all property and interests in property of:
(i) the persons listed in the Annex to this order;
(ii) foreign persons designated by the Secretary of
State, in coordination with the Secretary of the
Treasury and the Attorney General, because they are
found;
(A) to have committed, or to pose a
significant risk of committing, acts of
violence that have the purpose or effect of
disrupting the Middle East peace process, or
(B) to assist in, sponsor, or provide
financial, material, or technological support
for, or services in support of, such acts of
violence; and
(iii) persons determined by the Secretary of the
Treasury, in coordination with the Secretary of State
and the Attorney General, to be owned or controlled by,
or to act for or on behalf of, any of the foregoing
persons, that are in the United States, that hereafter
come within the United States, or that hereafter come
within the possession or control of United States
persons, are blocked;
(b) any transaction or dealing by United States persons or
within the United States in property or interests in property
of the persons designated in or pursuant to this order is
prohibited, including the making or receiving of any
contribution of funds, goods, or services to or for the benefit
of such persons;
(c) any transaction by any United states person or within
the United States that evades or avoids, or has the purpose of
evading or avoiding, or attempts to violate, any of the
prohibitions set forth in this order, is prohibited.
Sec. 2. For the purposes of this order: (a) the term
``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association,
corporation, or other organization, group, or subgroup;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States (including foreign
branches), or any person in the United States; and
(d) the term ``foreign person'' means any citizen or
national of a foreign state (including any such individual who
is also a citizen or national of the United States) or any
entity not organized solely under the laws of the United States
or existing solely in the United States, but does not include a
foreign state.
Sec. 3.\2\ I hereby determine that the making of donations
of the type of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)), by, to, or for the benefit of, any
person whose property or interests in property are blocked
pursuant to section 1 of this order would seriously impair my
ability to deal with the national emergency declared in this
order, and I hereby prohibit such donations as provided by
section 1.
---------------------------------------------------------------------------
\2\ Sec. 2 of Executive Order 13372 (70 F.R. 8499) amended and
restated sec. 3. It previously read as follows:
``Sec. 3. I hereby determine that the making of donations of the
type specified in section 203(b)(2)(A) of IEEPA (50 U.S.C.
1702(b)(2)(A)) by United States persons to persons designated in or
pursuant to this order would seriously impair my ability to deal with
the national emergency declared in this order, and hereby prohibit such
donations as provided by section 1 of this order.''.
---------------------------------------------------------------------------
Sec. 4. (a) The Secretary of the Treasury, in consultation
with the Secretary of State and, as appropriate, the Attorney
General, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all
powers granted to me by IEEPA as may be necessary to carry out
the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and
agencies of the United States Government. All agencies of the
United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
(b) Any investigation emanating from a possible violation
of this order, or of any license, order, or regulation issued
pursuant to this order, shall first be coordinated with the
Federal Bureau of Investigation (FBI), and any matter involving
evidence of a criminal violations shall be referred to the FBI
for further investigation. The FBI shall timely notify the
Department of the Treasury of any action it takes on such
referrals.
Sec. 5. Nothing contained in this order shall create any
right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
Sec. 6. (a) This order is effective at 12:01 a.m., eastern
standard time on January 24, 1995.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
ANNEX
TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS \3\
---------------------------------------------------------------------------
\3\ Executive Order 13099 (63 F.R. 45167) amended the title of the
Annex of Executive Order 12947 and added the following people and
organizations: Islamic Army (a.k.a. Al-Qaida, Islamic Salvation
Foundation, The Islamic Army for the Liberation of the Holy Places, The
World Islamic Front for Jihad Against Jews and Crusaders, and The Group
for the Preservation of the Holy Sites), Abu Hafs al-Masri, and Rifa'i
Ahmad Taha Musa. The Annex title originally read, ``TERRORIST
ORGANIZATIONS WHICH THREATEN TO DISRUPT THE MIDDLE EAST PEACE
PROCESS''.
On March 25, 2002, the Secretary of State determined (Public Notice
No. 3955; 67 F.R. 14761) that certain organizations either used
currently, or had used aliases. The additional names were included in
the designations of organizations pursuant to the executive order.
On October 10, 2003, the Deputy Secretary of State determined
(Public Notice No. 4511; 68 F.R. 53738) ``that the Al-Aqsa Martyrs
Brigade (also known as the Al-Aqsa Martyrs Battalion) has committed, or
poses a serious risk of committing, acts of terrorism that threaten the
security of U.S. nationals or the national security, foreign policy, or
economy of the United States.''.
On January 25, 2005, the Secretary of State amended (Public Notice
No. 4979; 70 F.R. 4185) the designation made under the authority of
sec. 1(a)(ii)(A) ``to revoke Kahane.net as an alias of Kahane Chai
(also known as Kach, Kahane.org, and the other aliases listed above)
based on a finding that circumstances have changed in such a manner as
to warrant revocation. This revocation is made by amending the
referenced designation and is effective on the date of publication of
this notice. In all other respects, the designation under the authority
of section 1(a)(ii)(A) of Executive Order 12947 (as amended by
Executive Order 13099) of Kahane Chai (also known as Kach, Kahane.org,
and the other aliases listed above) is maintained.''.
---------------------------------------------------------------------------
Abu Hafs al-Masri
Abu Nidal Organization (ANO)
Democratic Front for the Liberation of Palestine (DFLP)
Hizballah
Islamic Army (a.k.a. Al-Qaida, Islamic Salvation
Foundation, The Islamic Army for the Liberation of the Holy
Places, The World Islamic Front for Jihad Against Jews and
Crusaders, and The Group for the Preservation of the Holy
Sites)
Islamic Gama'at (IG)
Islamic Resistance Movement (HAMAS)
Jihad
Kach
Kahane Chai
Palestinian Islamic Jihad-Shiqaqi faction (PIJ)
Palestine Liberation Front-Abu Abbas faction (PLF-Abu
Abbas)
Popular Front for the Liberation of Palestine (PPLF)
Popular Front for the Liberation of Palestine-General
Command (PPLF-GC)
Rifa'i Ahmad Taha Musa
Usama bin Muhammad bin Awad bin Ladin (a.k.a. Usama bin
Ladin)
h. Blocking Property of Weapons of Mass Destruction Proliferators and
Their Supporters
Executive Order 13382, June 28, 2005, 70 F.R. 38567, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, George W. Bush, President of the United States of
America, in order to take additional steps with respect to the
national emergency described and declared in Executive Order
12938 of November 14, 1994, regarding the proliferation of
weapons of mass destruction and the means of delivering them,
and the measures imposed by that order, as expanded by
Executive Order 13094 of July 28, 1998, hereby order:
Section 1. (a) Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
and (4)), or in regulations, orders, directives, or licenses
that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted
prior to the effective date of this order, all property and
interests in property of the following persons, that are in the
United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of
United States persons, are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
(ii) any foreign person determined by the Secretary
of State, in consultation with the Secretary of the
Treasury, the Attorney General, and other relevant
agencies, to have engaged, or attempted to engage, in
activities or transactions that have materially
contributed to, or pose a risk of materially
contributing to, the proliferation of weapons of mass
destruction or their means of delivery (including
missiles capable of delivering such weapons), including
any efforts to manufacture, acquire, possess, develop,
transport, transfer or use such items, by any person or
foreign country of proliferation concern;
(iii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
the Attorney General, and other relevant agencies, to
have provided, or attempted to provide, financial,
material, technological or other support for, or goods
or services in support of, any activity or transaction
described in paragraph (a)(ii) of this section, or any
person whose property and interests in property are
blocked pursuant to this order; and
(iv) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
the Attorney General, and other relevant agencies, to
be owned or controlled by, or acting or purporting to
act for or on behalf of, directly or indirectly, any
person whose property and interests in property are
blocked pursuant to this order.
(b) Any transaction or dealing by a United States person or
within the United States in property or interests in property
blocked pursuant to this order is prohibited, including, but
not limited to, (i) the making of any contribution or provision
of funds, goods, or services by, to, or for the benefit of, any
person whose property and interests in property are blocked
pursuant to this order, and (ii) the receipt of any
contribution or provision of funds, goods, or services from any
such person.
(c) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading
or avoiding, or attempts to violate any of the prohibitions set
forth in this order is prohibited.
(d) Any conspiracy formed to violate the prohibitions set
forth in this order is prohibited.
Sec. 2. For purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization; and
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States.
Sec. 3. I hereby determine that the making of donations of
the type of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, any
person whose property and interests in property are blocked
pursuant to this order would seriously impair my ability to
deal with the national emergency declared in Executive Order
12938, and I hereby prohibit such donations as provided by
section 1 of this order.
Sec. 4.\1\ * * *
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\1\ Sec. 4 amended sec. 4(a) of Executive Order 12938.
---------------------------------------------------------------------------
Sec. 5. For those persons whose property and interests in
property are blocked pursuant to section 1 of this order who
might have a constitutional presence in the United States, I
find that because of the ability to transfer funds or other
assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in Executive Order 12938, as amended, there need be no
prior notice of a listing or determination made pursuant to
section 1 of this order.
Sec. 6. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA as
may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government,
consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of
this order and, where appropriate, to advise the Secretary of
the Treasury in a timely manner of the measures taken.
Sec. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to determine,
subsequent to the issuance of this order, that circumstances no
longer warrant the inclusion of a person in the Annex to this
order and that the property and interests in property of that
person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its
officers or employees, or any other person.
Sec. 9. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 29, 2005.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
ANNEX
Korea Mining Development Trading Corporation
Tanchon Commercial Bank
Korea Ryonbong General Corporation
Aerospace Industries Organization
Shahid Hemmat Industrial Group
Shahid Bakeri Industrial Group
Atomic Energy Organization of Iran
Scientific Studies and Research Center
i. Economic Relations With Cuba
(1) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
Public Law 104-114 [H.R. 927], 110 Stat. 785, approved March 12, 1996;
as amended by Public Law 105-277 [Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681
AN ACT To seek international sanctions against the Castro government in
Cuba, to plan for support of a transition government leading to a
democratically elected government in Cuba, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 6021 note.
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(b) Table of Contents.--The table of contents of this Act
is as follows:
Page
Sec. 1. Short title; table of contents............................ 1515
Sec. 2. Findings.................................................. 1516
Sec. 3. Purposes.................................................. 1519
Sec. 4. Definitions............................................... 1519
Sec. 5. Severability.............................................. 1522
TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
GOVERNMENT
Sec. 101. Statement of policy..................................... 1522
Sec. 102. Enforcement of the economic embargo of Cuba............. 1523
Sec. 103. Prohibition against indirect financing of Cuba.......... 1524
Sec. 104. United States opposition to Cuban membership in
international financial institutions.......................... 1524
Sec. 105. United States opposition to termination of the
suspension of the Cuban Government from participation in the
Organization of American States............................... 1525
Sec. 106. Assistance by the independent states of the former
Soviet Union for the Cuban Government......................... 1525
Sec. 107. Television broadcasting to Cuba......................... 1526
Sec. 108. Reports on commerce with, and assistance to, Cuba from
other foreign countries....................................... 1526
Sec. 109. Authorization of support for democratic and human rights
groups and international observers............................ 1527
Sec. 110. Importation safeguard against certain Cuban products.... 1528
Sec. 111. Withholding of foreign assistance from countries
supporting Juragua nuclear plant in Cuba...................... 1529
Sec. 112. Reinstitution of family remittances and travel to Cuba.. 1531
Sec. 113. Expulsion of criminals from Cuba........................ 1531
Sec. 114. News bureaus in Cuba.................................... 1531
Sec. 115. Effect of Act on lawful United States Government
activities.................................................... 1532
Sec. 116. Condemnation of Cuban attack on American aircraft....... 1532
TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA
Sec. 201. Policy toward a transition government and a
democratically elected government in Cuba..................... 1533
Sec. 202. Assistance for the Cuban people......................... 1535
Sec. 203. Coordination of assistance program; implementation and
reports to Congress; reprogramming............................ 1537
Sec. 204. Termination of the economic embargo of Cuba............. 1539
Sec. 205. Requirements and factors for determining a transition
government.................................................... 1540
Sec. 206. Requirements for determining a democratically elected
government.................................................... 1542
Sec. 207. Settlement of outstanding United States claims to
confiscated property in Cuba.................................. 1542
TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
Sec. 301. Findings................................................ 1543
Sec. 302. Liability for trafficking in confiscated property
claimed by United States nationals............................ 1544
Sec. 303. Proof of ownership of claims to confiscated property.... 1549
Sec. 304. Exclusivity of Foreign Claims Settlement Commission
certification procedure....................................... 1550
Sec. 305. Limitation of actions................................... 1550
Sec. 306. Effective date.......................................... 1550
TITLE IV--EXCLUSION OF CERTAIN ALIENS
Sec. 401. Exclusion from the United States of aliens who have
confiscated property of United States nationals or who traffic
in such property.............................................. 1552
SEC. 2.\2\ FINDINGS.
The Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 6021.
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(1) The economy of Cuba has experienced a decline of
at least 60 percent in the last 5 years as a result
of--
(A) the end of its subsidization by the
former Soviet Union of between 5 billion and 6
billion dollars annually;
(B) 36 years of communist tyranny and
economic mismanagement by the Castro
government;
(C) the extreme decline in trade between Cuba
and the countries of the former Soviet bloc;
and
(D) the stated policy of the Russian
Government and the countries of the former
Soviet bloc to conduct economic relations with
Cuba on strictly commercial terms.
(2) At the same time, the welfare and health of the
Cuban people have substantially deteriorated as a
result of this economic decline and the refusal of the
Castro regime to permit free and fair democratic
elections in Cuba.
(3) The Castro regime has made it abundantly clear
that it will not engage in any substantive political
reforms that would lead to democracy, a market economy,
or an economic recovery.
(4) The repression of the Cuban people, including a
ban on free and fair democratic elections, and
continuing violations of fundamental human rights, have
isolated the Cuban regime as the only completely
nondemocratic government in the Western Hemisphere.
(5) As long as free elections are not held in Cuba,
the economic condition of the country and the welfare
of the Cuban people will not improve in any significant
way.
(6) The totalitarian nature of the Castro regime has
deprived the Cuban people of any peaceful means to
improve their condition and has led thousands of Cuban
citizens to risk or lose their lives in dangerous
attempts to escape from Cuba to freedom.
(7) Radio Marti and Television Marti have both been
effective vehicles for providing the people of Cuba
with news and information and have helped to bolster
the morale of the people of Cuba living under tyranny.
(8) The consistent policy of the United States
towards Cuba since the beginning of the Castro regime,
carried out by both Democratic and Republican
administrations, has sought to keep faith with the
people of Cuba, and has been effective in sanctioning
the totalitarian Castro regime.
(9) The United States has shown a deep commitment,
and considers it a moral obligation, to promote and
protect human rights and fundamental freedoms as
expressed in the Charter of the United Nations and in
the Universal Declaration of Human Rights.
(10) The Congress has historically and consistently
manifested its solidarity and the solidarity of the
American people with the democratic aspirations of the
Cuban people.
(11) The Cuban Democracy Act of 1992 calls upon the
President to encourage the governments of countries
that conduct trade with Cuba to restrict their trade
and credit relations with Cuba in a manner consistent
with the purposes of that Act.
(12) Amendments to the Foreign Assistance Act of 1961
made by the FREEDOM Support Act require that the
President, in providing economic assistance to Russia
and the emerging Eurasian democracies, take into
account the extent to which they are acting to
``terminate support for the communist regime in Cuba,
including removal of troops, closing military
facilities, and ceasing trade subsidies and economic,
nuclear, and other assistance''.
(13) The Cuban Government engages in the illegal
international narcotics trade and harbors fugitives
from justice in the United States.
(14) The Castro government threatens international
peace and security by engaging in acts of armed
subversion and terrorism such as the training and
supplying of groups dedicated to international
violence.
(15) The Castro government has utilized from its
inception and continues to utilize torture in various
forms (including by psychiatry), as well as execution,
exile, confiscation, political imprisonment, and other
forms of terror and repression, as means of retaining
power.
(16) Fidel Castro has defined democratic pluralism as
``pluralistic garbage'' and continues to make clear
that he has no intention of tolerating the
democratization of Cuban society.
(17) The Castro government holds innocent Cubans
hostage in Cuba by no fault of the hostages themselves
solely because relatives have escaped the country.
(18) Although a signatory state to the 1928 Inter-
American Convention on Asylum and the International
Covenant on Civil and Political Rights (which protects
the right to leave one's own country), Cuba
nevertheless surrounds embassies in its capital by
armed forces to thwart the right of its citizens to
seek asylum and systematically denies that right to the
Cuban people, punishing them by imprisonment for
seeking to leave the country and killing them for
attempting to do so (as demonstrated in the case of the
confirmed murder of over 40 men, women, and children
who were seeking to leave Cuba on July 13, 1994).
(19) The Castro government continues to utilize
blackmail, such as the immigration crisis with which it
threatened the United States in the summer of 1994, and
other unacceptable and illegal forms of conduct to
influence the actions of sovereign states in the
Western Hemisphere in violation of the Charter of the
Organization of American States and other international
agreements and international law.
(20) The United Nations Commission on Human Rights
has repeatedly reported on the unacceptable human
rights situation in Cuba and has taken the
extraordinary step of appointing a Special Rapporteur.
(21) The Cuban Government has consistently refused
access to the Special Rapporteur and formally expressed
its decision not to ``implement so much as one comma''
of the United Nations Resolutions appointing the
Rapporteur.
(22) The United Nations General Assembly passed
Resolution 47-139 on December 18, 1992, Resolution 48-
142 on December 20, 1993, and Resolution 49-200 on
December 23, 1994, referencing the Special Rapporteur's
reports to the United Nations and condemning violations
of human rights and fundamental freedoms in Cuba.
(23) Article 39 of Chapter VII of the United Nations
Charter provides that the United Nations Security
Council ``shall determine the existence of any threat
to the peace, breach of the peace, or act of aggression
and shall make recommendations, or decide what measures
shall be taken . . ., to maintain or restore
international peace and security.''.
(24) The United Nations has determined that massive
and systematic violations of human rights may
constitute a ``threat to peace'' under Article 39 and
has imposed sanctions due to such violations of human
rights in the cases of Rhodesia, South Africa, Iraq,
and the former Yugoslavia.
(25) In the case of Haiti, a neighbor of Cuba not as
close to the United States as Cuba, the United States
led an effort to obtain and did obtain a United Nations
Security Council embargo and blockade against that
country due to the existence of a military dictatorship
in power less than 3 years.
(26) United Nations Security Council Resolution 940
of July 31, 1994, subsequently authorized the use of
``all necessary means'' to restore the ``democratically
elected government of Haiti'', and the democratically
elected government of Haiti was restored to power on
October 15, 1994.
(27) The Cuban people deserve to be assisted in a
decisive manner to end the tyranny that has oppressed
them for 36 years, and the continued failure to do so
constitutes ethically improper conduct by the
international community.
(28) For the past 36 years, the Cuban Government has
posed and continues to pose a national security threat
to the United States.
SEC. 3.\3\ PURPOSES.
The purposes of this Act are--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 6022.
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(1) to assist the Cuban people in regaining their
freedom and prosperity, as well as in joining the
community of democratic countries that are flourishing
in the Western Hemisphere;
(2) to strengthen international sanctions against the
Castro government;
(3) to provide for the continued national security of
the United States in the face of continuing threats
from the Castro government of terrorism, theft of
property from United States nationals by the Castro
government, and the political manipulation by the
Castro government of the desire of Cubans to escape
that results in mass migration to the United States;
(4) to encourage the holding of free and fair
democratic elections in Cuba, conducted under the
supervision of internationally recognized observers;
(5) to provide a policy framework for United States
support to the Cuban people in response to the
formation of a transition government or a
democratically elected government in Cuba; and
(6) to protect United States nationals against
confiscatory takings and the wrongful trafficking in
property confiscated by the Castro regime.
SEC. 4.\4\ DEFINITIONS.
As used in this Act, the following terms have the following
meanings:
---------------------------------------------------------------------------
\4\ 22 U.S.C. 6023.
---------------------------------------------------------------------------
(1) Agency or instrumentality of a foreign state.--
The term ``agency or instrumentality of a foreign
state'' has the meaning given that term in section
1603(b) of title 28, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on International Relations and the Committee
on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(3) Commercial activity.--The term ``commercial
activity'' has the meaning given that term in section
1603(d) of title 28, United States Code.
(4) Confiscated.--As used in titles I and III, the
term ``confiscated'' refers to--
(A) the nationalization, expropriation, or
other seizure by the Cuban Government of
ownership or control of property, on or after
January 1, 1959--
(i) without the property having been
returned or adequate and effective
compensation provided; or
(ii) without the claim to the
property having been settled pursuant
to an international claims settlement
agreement or other mutually accepted
settlement procedure; and
(B) the repudiation by the Cuban Government
of, the default by the Cuban Government on, or
the failure of the Cuban Government to pay, on
or after January 1, 1959--
(i) a debt of any enterprise which
has been nationalized, expropriated, or
otherwise taken by the Cuban
Government;
(ii) a debt which is a charge on
property nationalized, expropriated, or
otherwise taken by the Cuban
Government; or
(iii) a debt which was incurred by
the Cuban Government in satisfaction or
settlement of a confiscated property
claim.
(5) Cuban government.--(A) The term ``Cuban
Government'' includes the government of any political
subdivision of Cuba, and any agency or instrumentality
of the Government of Cuba.
(B) For purposes of subparagraph (A), the term
``agency or instrumentality of the Government of Cuba''
means an agency or instrumentality of a foreign state
as defined in section 1603(b) of title 28, United
States Code, with each reference in such section to ``a
foreign state'' deemed to be a reference to ``Cuba''.
(6) Democratically elected government in cuba.--The
term ``democratically elected government in Cuba''
means a government determined by the President to have
met the requirements of section 206.
(7) Economic embargo of cuba.--The term ``economic
embargo of Cuba'' refers to--
(A) the economic embargo (including all
restrictions on trade or transactions with, and
travel to or from, Cuba, and all restrictions
on transactions in property in which Cuba or
nationals of Cuba have an interest) that was
imposed against Cuba pursuant to section 620(a)
of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(a)), section 5(b) of the Trading
with the Enemy Act (50 U.S.C. App. 5(b)), the
Cuban Democracy Act of 1992 (22 U.S.C. 6001 and
following), or any other provision of law; and
(B) the restrictions imposed by section
902(c) of the Food Security Act of 1985.
(8) Foreign national.--The term ``foreign national''
means--
(A) an alien; or
(B) any corporation, trust, partnership, or
other juridical entity not organized under the
laws of the United States, or of any State, the
District of Columbia, or any commonwealth,
territory, or possession of the United States.
(9) Knowingly.--The term ``knowingly'' means with
knowledge or having reason to know.
(10) Official of the cuban government or the ruling
political party in cuba.--The term ``official of the
Cuban Government or the ruling political party in
Cuba'' refers to any member of the Council of
Ministers, Council of State, central committee of the
Communist Party of Cuba, or the Politburo of Cuba, or
their equivalents.
(11) Person.--The term ``person'' means any person or
entity, including any agency or instrumentality of a
foreign state.
(12) Property.--(A) The term ``property'' means any
property (including patents, copyrights, trademarks,
and any other form of intellectual property), whether
real, personal, or mixed, and any present, future, or
contingent right, security, or other interest therein,
including any leasehold interest.
(B) For purposes of title III of this Act, the term
``property'' does not include real property used for
residential purposes unless, as of the date of the
enactment of this Act--
(i) the claim to the property is held by a
United States national and the claim has been
certified under title V of the International
Claims Settlement Act of 1949; or
(ii) the property is occupied by an official
of the Cuban Government or the ruling political
party in Cuba.
(13) Traffics.--(A) As used in title III, and except
as provided in subparagraph (B), a person ``traffics''
in confiscated property if that person knowingly and
intentionally--
(i) sells, transfers, distributes, dispenses,
brokers, manages, or otherwise disposes of
confiscated property, or purchases, leases,
receives, possesses, obtains control of,
manages, uses, or otherwise acquires or holds
an interest in confiscated property,
(ii) engages in a commercial activity using
or otherwise benefiting from confiscated
property, or (iii) causes, directs,
participates in, or profits from, trafficking
(as described in clause (i) or (ii)) by another
person, or otherwise engages in trafficking (as
described in clause (i) or (ii)) through
another person, without the authorization of
any United States national who holds a claim to
the property.
(B) The term ``traffics'' does not include--
(i) the delivery of international
telecommunication signals to Cuba;
(ii) the trading or holding of securities
publicly traded or held, unless the trading is
with or by a person determined by the Secretary
of the Treasury to be a specially designated
national;
(iii) transactions and uses of property
incident to lawful travel to Cuba, to the
extent that such transactions and uses of
property are necessary to the conduct of such
travel; or
(iv) transactions and uses of property by a
person who is both a citizen of Cuba and a
resident of Cuba, and who is not an official of
the Cuban Government or the ruling political
party in Cuba.
(14) Transition government in cuba.--The term
``transition government in Cuba'' means a government
that the President determines is a transition
government consistent with the requirements and factors
set forth in section 205.
(15) United states national.--The term ``United
States national'' means--
(A) any United States citizen; or
(B) any other legal entity which is organized
under the laws of the United States, or of any
State, the District of Columbia, or any
commonwealth, territory, or possession of the
United States, and which has its principal
place of business in the United States.
SEC. 5.\5\ SEVERABILITY.
If any provision of this Act or the amendments made by this
Act or the application thereof to any person or circumstance is
held invalid, the remainder of this Act, the amendments made by
this Act, or the application thereof to other persons not
similarly situated or to other circumstances shall not be
affected by such invalidation.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 6024.
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TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
GOVERNMENT
SEC. 101.\6\ STATEMENT OF POLICY.
It is the sense of the Congress that--
---------------------------------------------------------------------------
\6\ 22 U.S.C. 6031.
---------------------------------------------------------------------------
(1) the acts of the Castro government, including its
massive, systematic, and extraordinary violations of
human rights, are a threat to international peace;
(2) the President should advocate, and should
instruct the United States Permanent Representative to
the United Nations to propose and seek within the
Security Council, a mandatory international embargo
against the totalitarian Cuban Government pursuant to
chapter VII of the Charter of the United Nations,
employing efforts similar to consultations conducted by
United States representatives with respect to Haiti;
(3) any resumption of efforts by any independent
state of the former Soviet Union to make operational
any nuclear facilities in Cuba, and any continuation of
intelligence activities by such a state from Cuba that
are targeted at the United States and its citizens will
have a detrimental impact on United States assistance
to such state; and
(4) in view of the threat to the national security
posed by the operation of any nuclear facility, and the
Castro government's continuing blackmail to unleash
another wave of Cuban refugees fleeing from Castro's
oppression, most of whom find their way to United
States shores, further depleting limited humanitarian
and other resources of the United States, the President
should do all in his power to make it clear to the
Cuban Government that--
(A) the completion and operation of any
nuclear power facility, or
(B) any further political manipulation of the
desire of Cubans to escape that results in mass
migration to the United States,
will be considered an act of aggression which will be
met with an appropriate response in order to maintain
the security of the national borders of the United
States and the health and safety of the American
people.
SEC. 102.\7\ ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.
(a) Policy.--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 6032.
---------------------------------------------------------------------------
(1) Restrictions by other countries.--The Congress
hereby reaffirms section 1704(a) of the Cuban Democracy
Act of 1992, which states that the President should
encourage foreign countries to restrict trade and
credit relations with Cuba in a manner consistent with
the purposes of that Act.
(2) Sanctions on other countries.--The Congress
further urges the President to take immediate steps to
apply the sanctions described in section 1704(b)(1) of
that Act against countries assisting Cuba.
(b) Diplomatic Efforts.--The Secretary of State should
ensure that United States diplomatic personnel abroad
understand and, in their contacts with foreign officials, are
communicating the reasons for the United States economic
embargo of Cuba, and are urging foreign governments to
cooperate more effectively with the embargo.
(c) Existing Regulations.--The President shall instruct the
Secretary of the Treasury and the Attorney General to enforce
fully the Cuban Assets Control Regulations set forth in part
515 of title 31, Code of Federal Regulations.
(d) \8\ Trading With the Enemy Act.--* * *
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\8\ Subsec. (d) amended sec. 16 of the Trading With the Enemy Act.
---------------------------------------------------------------------------
(e) Denial of Visas to Certain Cuban Nationals.--It is the
sense of the Congress that the President should instruct the
Secretary of State and the Attorney General to enforce fully
existing regulations to deny visas to Cuban nationals
considered by the Secretary of State to be officers or
employees of the Cuban Government or of the Communist Party of
Cuba.
(f) Coverage of Debt-for-Equity Swaps by Economic Embargo
of Cuba.--Section 1704(b)(2) of the Cuban Democracy Act of 1992
(22 U.S.C. 6003(b)(2)) is amended--* * *
(g) Telecommunications Services.--Section 1705(e) of the
Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended * *
*
(h) Codification of Economic Embargo.--The economic embargo
of Cuba, as in effect on March 1, 1996, including all
restrictions under part 515 of title 31, Code of Federal
Regulations, shall be in effect upon the enactment of this Act,
and shall remain in effect, subject to section 204 of this Act.
SEC. 103.\9\ PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.
(a) Prohibition.--Notwithstanding any other provision of
law, no loan, credit, or other financing may be extended
knowingly by a United States national, a permanent resident
alien, or a United States agency to any person for the purpose
of financing transactions involving any confiscated property
the claim to which is owned by a United States national as of
the date of the enactment of this Act, except for financing by
the United States national owning such claim for a transaction
permitted under United States law.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 6033.
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(b) Suspension and Termination of Prohibition.--
(1) Suspension.--The President is authorized to
suspend the prohibition contained in subsection (a)
upon a determination made under section 203(c)(1) that
a transition government in Cuba is in power.
(2) Termination.--The prohibition contained in
subsection (a) shall cease to apply on the date on
which the economic embargo of Cuba terminates as
provided in section 204.
(c) Penalties.--Violations of subsection (a) shall be
punishable by such civil penalties as are applicable to
violations of the Cuban Assets Control Regulations set forth in
part 515 of title 31, Code of Federal Regulations.
(d) Definitions.--As used in this section--
(1) the term ``permanent resident alien'' means an
alien lawfully admitted for permanent residence into
the United States; and
(2) the term ``United States agency'' has the meaning
given the term ``agency'' in section 551(1) of title 5,
United States Code.
SEC. 104.\10\ UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Continued Opposition to Cuban Membership in
International Financial Institutions.--
---------------------------------------------------------------------------
\10\ 22 U.S.C. 6034.
---------------------------------------------------------------------------
(1) In general.--Except as provided in paragraph (2),
the Secretary of the Treasury shall instruct the United
States executive director of each international
financial institution to use the voice and vote of the
United States to oppose the admission of Cuba as a
member of such institution until the President submits
a determination under section 203(c)(3) that a
democratically elected government in Cuba is in power.
(2) Transition government.--Once the President
submits a determination under section 203(c)(1) that a
transition government in Cuba is in power--
(A) the President is encouraged to take steps
to support the processing of Cuba's application
for membership in any international financial
institution, subject to the membership taking
effect after a democratically elected
government in Cuba is in power, and
(B) the Secretary of the Treasury is
authorized to instruct the United States
executive director of each international
financial institution to support loans or other
assistance to Cuba only to the extent that such
loans or assistance contribute to a stable
foundation for a democratically elected
government in Cuba.
(b) Reduction in United States Payments to International
Financial Institutions.--If any international financial
institution approves a loan or other assistance to the Cuban
Government over the opposition of the United States, then the
Secretary of the Treasury shall withhold from payment to such
institution an amount equal to the amount of the loan or other
assistance, with respect to either of the following types of
payment:
(1) The paid-in portion of the increase in capital
stock of the institution.
(2) The callable portion of the increase in capital
stock of the institution.
(c) Definition.--For purposes of this section, the term
``international financial institution'' means the International
Monetary Fund, the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guaranty Agency, and the Inter-American Development Bank.
SEC. 105.\11\ UNITED STATES OPPOSITION TO TERMINATION OF THE SUSPENSION
OF THE CUBAN GOVERNMENT FROM PARTICIPATION IN THE
ORGANIZATION OF AMERICAN STATES.
The President should instruct the United States Permanent
Representative to the Organization of American States to oppose
and vote against any termination of the suspension of the Cuban
Government from participation in the Organization until the
President determines under section 203(c)(3) that a
democratically elected government in Cuba is in power.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 6035.
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SEC. 106.\12\ ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION FOR THE CUBAN GOVERNMENT.
(a) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the President shall
submit to the appropriate congressional committees a report
detailing progress toward the withdrawal of personnel of any
independent state of the former Soviet Union (within the
meaning of section 3 of the FREEDOM Support Act (22 U.S.C.
5801)), including advisers, technicians, and military
personnel, from the Cienfuegos nuclear facility in Cuba.
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\12\ 22 U.S.C. 6036. For text of the Foreign Assistance Act of 1961
as amended by subsecs. (b), (c), and (d)(2) of this section, see
Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
(b) * * *
(c) * * *
(d) Facilities at Lourdes, Cuba.--
(1) Disapproval of credits.--The Congress expresses
its strong disapproval of the extension by Russia of
credits equivalent to $200,000,000 in support of the
intelligence facility at Lourdes, Cuba, in November
1994.
(2) Reduction in assistance.--Section 498A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is
amended * * *
SEC. 107.\13\ TELEVISION BROADCASTING TO CUBA.
(a) Conversion to UHF.--The Director of the International
Broadcasting Bureau \14\ shall implement a conversion of
television broadcasting to Cuba under the Television Marti
Service to ultra high frequency (UHF) broadcasting.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 6037.
\14\ Sec. 1335(r) of Public Law 105-277 (112 Stat. 2681-790)
amended sec. 107 by striking out ``Director of the United States
Information Agency'' where it appeared, and inserting in lieu thereof
``Director of the International Broadcasting Bureau''.
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(b) Periodic Reports.--Not later than 45 days after the
date of the enactment of this Act, and every three months
thereafter until the conversion described in subsection (a) is
fully implemented, the Director of the International
Broadcasting Bureau \15\ shall submit a report to the
appropriate congressional committees on the progress made in
carrying out subsection (a).
(c) Termination of Broadcasting Authorities.--Upon
transmittal of a determination under section 203(c)(3), the
Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and
following) and the Radio Broadcasting to Cuba Act (22 U.S.C.
1465 and following) are repealed.
SEC. 108.\15\ REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA FROM
OTHER FOREIGN COUNTRIES.
(a) Reports Required.--Not later than 90 days after the
date of the enactment of this Act, and by January 1 of each
year thereafter until the President submits a determination
under section 203(c)(1), the President shall submit a report to
the appropriate congressional committees on commerce with, and
assistance to, Cuba from other foreign countries during the
preceding 12-month period.
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\15\ 22 U.S.C. 6038.
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(b) Contents of Reports.--Each report required by
subsection (a) shall, for the period covered by the report,
contain the following, to the extent such information is
available:
(1) A description of all bilateral assistance
provided to Cuba by other foreign countries, including
humanitarian assistance.
(2) A description of Cuba's commerce with foreign
countries, including an identification of Cuba's
trading partners and the extent of such trade.
(3) A description of the joint ventures completed, or
under consideration, by foreign nationals and business
firms involving facilities in Cuba, including an
identification of the location of the facilities
involved and a description of the terms of agreement of
the joint ventures and the names of the parties that
are involved.
(4) A determination as to whether or not any of the
facilities described in paragraph (3) is the subject of
a claim against Cuba by a United States national.
(5) A determination of the amount of debt of the
Cuban Government that is owed to each foreign country,
including--
(A) the amount of debt exchanged, forgiven,
or reduced under the terms of each investment
or operation in Cuba involving foreign
nationals; and
(B) the amount of debt owed the foreign
country that has been exchanged, forgiven, or
reduced in return for a grant by the Cuban
Government of an equity interest in a property,
investment, or operation of the Cuban
Government or of a Cuban national.
(6) A description of the steps taken to assure that
raw materials and semifinished or finished goods
produced by facilities in Cuba involving foreign
nationals do not enter the United States market, either
directly or through third countries or parties.
(7) An identification of countries that purchase, or
have purchased, arms or military supplies from Cuba or
that otherwise have entered into agreements with Cuba
that have a military application, including--
(A) a description of the military supplies,
equipment, or other material sold, bartered, or
exchanged between Cuba and such countries,
(B) a listing of the goods, services,
credits, or other consideration received by
Cuba in exchange for military supplies,
equipment, or material, and
(C) the terms or conditions of any such
agreement.
SEC. 109.\16\ AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS
GROUPS AND INTERNATIONAL OBSERVERS.
(a) Authorization.--Notwithstanding any other provision of
law (including section 102 of this Act), except for section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1)
and comparable notification requirements contained in any Act
making appropriations for foreign operations, export financing,
and related programs, the President is authorized to furnish
assistance and provide other support for individuals and
independent nongovernmental organizations to support democracy-
building efforts for Cuba, including the following:
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\16\ 22 U.S.C. 6039.
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(1) Published and informational matter, such as
books, videos, and cassettes, on transitions to
democracy, human rights, and market economies, to be
made available to independent democratic groups in
Cuba.
(2) Humanitarian assistance to victims of political
repression, and their families.
(3) Support for democratic and human rights groups in
Cuba.
(4) Support for visits and permanent deployment of
independent international human rights monitors in
Cuba.
(b) OAS Emergency Fund.--
(1) For support of human rights and elections.--The
President shall take the necessary steps to encourage
the Organization of American States to create a special
emergency fund for the explicit purpose of deploying
human rights observers, election support, and election
observation in Cuba.
(2) Action of other member states.--The President
should instruct the United States Permanent
Representative to the Organization of American States
to encourage other member states of the Organization to
join in calling for the Cuban Government to allow the
immediate deployment of independent human rights
monitors of the Organization throughout Cuba and on-
site visits to Cuba by the Inter-American Commission on
Human Rights.
(3) Voluntary contributions for fund.--
Notwithstanding section 307 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227) or any other provision of
law limiting the United States proportionate share of
assistance to Cuba by any international organization,
the President should provide not less than $5,000,000
of the voluntary contributions of the United States to
the Organization of American States solely for the
purposes of the special fund referred to in paragraph
(1).
(c) Denial of Funds to the Cuban Government.--In
implementing this section, the President shall take all
necessary steps to ensure that no funds or other assistance is
provided to the Cuban Government.
SEC. 110.\17\ IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN PRODUCTS.
(a) Prohibition on Import of and Dealings in Cuban
Products.--The Congress notes that section 515.204 of title 31,
Code of Federal Regulations, prohibits the entry of, and
dealings outside the United States in, merchandise that--
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\17\ 22 U.S.C. 6040.
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(1) is of Cuban origin;
(2) is or has been located in or transported from or
through Cuba; or
(3) is made or derived in whole or in part of any
article which is the growth, produce, or manufacture of
Cuba.
(b) Effect of NAFTA.--The Congress notes that United States
accession to the North American Free Trade Agreement does not
modify or alter the United States sanctions against Cuba. The
statement of administrative action accompanying that trade
agreement specifically states the following:
(1) ``The NAFTA rules of origin will not in any way
diminish the Cuban sanctions program. . . . Nothing in
the NAFTA would operate to override this
prohibition.''.
(2) ``Article 309(3) [of the NAFTA] permits the
United States to ensure that Cuban products or goods
made from Cuban materials are not imported into the
United States from Mexico or Canada and that United
States products are not exported to Cuba through those
countries.''.
(c) Restriction of Sugar Imports.--The Congress notes that
section 902(c) of the Food Security Act of 1985 (Public Law 99-
198 requires the President not to allocate any of the sugar
import quota to a country that is a net importer of sugar
unless appropriate officials of that country verify to the
President that the country does not import for reexport to the
United States any sugar produced in Cuba.
(d) Assurance Regarding Sugar Products.--Protection of
essential security interests of the United States requires
assurances that sugar products that are entered, or withdrawn
from warehouse for consumption, into the customs territory of
the United States are not products of Cuba.
SEC. 111.\18\ WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES
SUPPORTING JURAGUA NUCLEAR PLANT IN CUBA.
(a) Findings.--The Congress makes the following findings:
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\18\ 22 U.S.C. 6041.
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(1) President Clinton stated in April 1993 that the
United States opposed the construction of the Juragua
nuclear power plant because of the concerns of the
United States about Cuba's ability to ensure the safe
operation of the facility and because of Cuba's refusal
to sign the Nuclear Non-Proliferation Treaty or ratify
the Treaty of Tlatelolco.
(2) Cuba has not signed the Treaty on the Non-
Proliferation of Nuclear Weapons or ratified the Treaty
of Tlatelolco, the latter of which establishes Latin
America and the Caribbean as a nuclear weapons-free
zone.
(3) The State Department, the Nuclear Regulatory
Commission, and the Department of Energy have expressed
concerns about the construction and operation of Cuba's
nuclear reactors.
(4) In a September 1992 report to the Congress, the
General Accounting Office outlined concerns among
nuclear energy experts about deficiencies in the
nuclear plant project in Juragua, near Cienfuegos,
Cuba, including--
(A) a lack in Cuba of a nuclear regulatory
structure;
(B) the absence in Cuba of an adequate
infrastructure to ensure the plant's safe
operation and requisite maintenance;
(C) the inadequacy of training of plant
operators;
(D) reports by a former technician from Cuba
who, by examining with x-rays weld sites
believed to be part of the auxiliary plumbing
system for the plant, found that 10 to 15
percent of those sites were defective;
(E) since September 5, 1992, when
construction on the plant was halted, the
prolonged exposure to the elements, including
corrosive salt water vapor, of the primary
reactor components; and
(F) the possible inadequacy of the upper
portion of the reactors' dome retention
capability to withstand only 7 pounds of
pressure per square inch, given that normal
atmospheric pressure is 32 pounds per square
inch and United States reactors are designed to
accommodate pressures of 50 pounds per square
inch.
(5) The United States Geological Survey claims that
it had difficulty determining answers to specific
questions regarding earthquake activity in the area
near Cienfuegos because the Cuban Government was not
forthcoming with information.
(6) The Geological Survey has indicated that the
Caribbean plate, a geological formation near the south
coast of Cuba, may pose seismic risks to Cuba and the
site of the power plant, and may produce large to
moderate earthquakes.
(7) On May 25, 1992, the Caribbean plate produced an
earthquake numbering 7.0 on the Richter scale.
(8) According to a study by the National Oceanic and
Atmospheric Administration, summer winds could carry
radioactive pollutants from a nuclear accident at the
power plant throughout all of Florida and parts of the
States on the coast of the Gulf of Mexico as far as
Texas, and northern winds could carry the pollutants as
far northeast as Virginia and Washington, D.C.
(9) The Cuban Government, under dictator Fidel
Castro, in 1962 advocated the Soviets' launching of
nuclear missiles to the United States, which
represented a direct and dangerous provocation of the
United States and brought the world to the brink of a
nuclear conflict.
(10) Fidel Castro over the years has consistently
issued threats against the United States Government,
most recently that he would unleash another perilous
mass migration from Cuba upon the enactment of this
Act.
(11) Despite the various concerns about the plant's
safety and operational problems, a feasibility study is
being conducted that would establish a support group to
include Russia, Cuba, and third countries with the
objective of completing and operating the plant.
(b) Withholding of Foreign Assistance.--
(1) In general.--Notwithstanding any other provision
of law, the President shall withhold from assistance
allocated, on or after the date of the enactment of
this Act, for any country an amount equal to the sum of
assistance and credits, if any, provided on or after
such date of enactment by that country or any entity in
that country in support of the completion of the Cuban
nuclear facility at Juragua, near Cienfuegos, Cuba.
(2) Exceptions.--The requirement of paragraph (1) to
withhold assistance shall not apply with respect to--
(A) assistance to meet urgent humanitarian
needs, including disaster and refugee relief;
(B) democratic political reform or rule of
law activities;
(C) the creation of private sector or
nongovernmental organizations that are
independent of government control;
(D) the development of a free market economic
system;
(E) assistance for the purposes described in
the Cooperative Threat Reduction Act of 1993
(title XII of Public Law 103-160); or
(F) assistance under the secondary school
exchange program administered by the United
States Information Agency.
(3) Definition.--As used in paragraph (1), the term
``assistance'' means assistance under the Foreign
Assistance Act of 1961, credits, sales, guarantees of
extensions of credit, and other assistance under the
Arms Export Control Act, assistance under titles I and
III of the Agricultural Trade Development and
Assistance Act of 1954, assistance under the FREEDOM
Support Act, and any other program of assistance or
credits provided by the United States to other
countries under other provisions of law.
SEC. 112.\19\ REINSTITUTION OF FAMILY REMITTANCES AND TRAVEL TO CUBA.
It is the sense of the Congress that the President should--
---------------------------------------------------------------------------
\19\ 22 U.S.C. 6042.
---------------------------------------------------------------------------
(1)(A) before considering the reinstitution of
general licenses for family remittances to Cuba, insist
that, prior to such reinstitution, the Cuban Government
permit the unfettered operation of small businesses
fully empowered with the right to hire others to whom
they may pay wages and to buy materials necessary in
the operation of the businesses, and with such other
authority and freedom as are required to foster the
operation of small businesses throughout Cuba; and
(B) if licenses described in subparagraph (A) are
reinstituted, require a specific license for
remittances described in subparagraph (A) in amounts of
more than $500; and
(2) before considering the reinstitution of general
licenses for travel to Cuba by individuals resident in
the United States who are family members of Cuban
nationals who are resident in Cuba, insist on such
actions by the Cuban Government as abrogation of the
sanction for departure from Cuba by refugees, release
of political prisoners, recognition of the right of
association, and other fundamental freedoms.
SEC. 113.\20\ EXPULSION OF CRIMINALS FROM CUBA.
The President shall instruct all United States Government
officials who engage in official contacts with the Cuban
Government to raise on a regular basis the extradition of or
rendering to the United States all persons residing in Cuba who
are sought by the United States Department of Justice for
crimes committed in the United States.
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\20\ 22 U.S.C. 6043.
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SEC. 114.\21\ NEWS BUREAUS IN CUBA.
(a) Establishment of News Bureaus.--The President is
authorized to establish and implement an exchange of news
bureaus between the United States and Cuba, if the exchange
meets the following conditions:
---------------------------------------------------------------------------
\21\ 22 U.S.C. 6044.
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(1) The exchange is fully reciprocal.
(2) The Cuban Government agrees not to interfere with
the establishment of news bureaus or with the movement
in Cuba of journalists of any United States-based news
organizations, including Radio Marti and Television
Marti.
(3) The Cuban Government agrees not to interfere with
decisions of United States-based news organizations
with respect to individuals assigned to work as
journalists in their news bureaus in Cuba.
(4) The Department of the Treasury is able to ensure
that only accredited journalists regularly employed
with a news gathering organization travel to Cuba under
this subsection.
(5) The Cuban Government agrees not to interfere with
the transmission of telecommunications signals of news
bureaus or with the distribution within Cuba of
publications of any United States-based news
organization that has a news bureau in Cuba.
(b) Assurance Against Espionage.--In implementing this
section, the President shall take all necessary steps to ensure
the safety and security of the United States against espionage
by Cuban journalists it believes to be working for the
intelligence agencies of the Cuban Government.
(c) Fully Reciprocal.--As used in subsection (a)(1), the
term ``fully reciprocal'' means that all news services, news
organizations, and broadcasting services, including such
services or organizations that receive financing, assistance,
or other support from a governmental or official source, are
permitted to establish and operate a news bureau in the United
States and Cuba.
SEC. 115.\22\ EFFECT OF ACT ON LAWFUL UNITED STATES GOVERNMENT
ACTIVITIES.
Nothing in this Act prohibits any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency, or of an intelligence agency, of the United
States.
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\22\ 22 U.S.C. 6045.
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SEC. 116.\23\ CONDEMNATION OF CUBAN ATTACK ON AMERICAN AIRCRAFT.
(a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
\23\ 22 U.S.C. 6046.
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(1) Brothers to the Rescue is a Miami-based
humanitarian organization engaged in searching for and
aiding Cuban refugees in the Straits of Florida, and
was engaged in such a mission on Saturday, February 24,
1996.
(2) The members of Brothers to the Rescue were flying
unarmed and defenseless planes in a mission identical
to hundreds they have flown since 1991 and posed no
threat whatsoever to the Cuban Government, the Cuban
military, or the Cuban people.
(3) Statements by the Cuban Government that Brothers
to the Rescue has engaged in covert operations, bombing
campaigns, and commando operations against the
Government of Cuba have no basis in fact.
(4) The Brothers to the Rescue aircraft notified air
traffic controllers as to their flight plans, which
would take them south of the 24th parallel and close to
Cuban airspace.
(5) International law provides a nation with airspace
over the 12-mile territorial sea.
(6) The response of Fidel Castro's dictatorship to
Saturday's afternoon flight was to scramble 2 fighter
jets from a Havana airfield.
(7) At approximately 3:24 p.m., the pilot of one of
the Cuban MiGs received permission and proceeded to
shoot down one Brothers to the Rescue airplane more
than 6 miles north of the Cuban exclusion zone, or 18
miles from the Cuban coast.
(8) Approximately 7 minutes later, the pilot of the
Cuban fighter jet received permission and proceeded to
shoot down the second Brothers to the Rescue airplane
almost 18.5 miles north of the Cuban exclusion zone, or
30.5 miles from the Cuban coast.
(9) The Cuban dictatorship, if it truly felt
threatened by the flight of these unarmed aircraft,
could have and should have pursued other peaceful
options as required by international law.
(10) The response chosen by Fidel Castro, the use of
lethal force, was completely inappropriate to the
situation presented to the Cuban Government, making
such actions a blatant and barbaric violation of
international law and tantamount to cold-blooded
murder.
(11) There were no survivors of the attack on these
aircraft, and the crew of a third aircraft managed to
escape this criminal attack by Castro's Air Force.
(12) The crew members of the destroyed planes, Pablo
Morales, Carlos Costa, Mario de la Pena, and Armando
Alejandre, were United States citizens from Miami
flying with Brothers to the Rescue on a voluntary
basis.
(13) It is incumbent upon the United States
Government to protect the lives and livelihoods of
United States citizens as well as the rights of free
passage and humanitarian missions.
(14) This premeditated act took place after a week-
long wave of repression by the Cuban Government against
Concilio Cubano, an umbrella organization of human
rights activists, dissidents, independent economists,
and independent journalists, among others.
(15) The wave of repression against Concilio Cubano,
whose membership is committed to peaceful democratic
change in Cuba, included arrests, strip searches, house
arrests, and in some cases sentences to more than 1
year in jail.
(b) Statements by the Congress.--(1) The Congress strongly
condemns the act of terrorism by the Castro regime in shooting
down the Brothers to the Rescue aircraft on February 24, 1996.
(2) The Congress extends its condolences to the families of
Pablo Morales, Carlos Costa, Mario de la Pena, and Armando
Alejandre, the victims of the attack.
(3) The Congress urges the President to seek, in the
International Court of Justice, indictment for this act of
terrorism by Fidel Castro.
TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA
SEC. 201.\24\ POLICY TOWARD A TRANSITION GOVERNMENT AND A
DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.
The policy of the United States is as follows:
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\24\ 22 U.S.C. 6061.
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(1) To support the self-determination of the Cuban
people.
(2) To recognize that the self-determination of the
Cuban people is a sovereign and national right of the
citizens of Cuba which must be exercised free of
interference by the government of any other country.
(3) To encourage the Cuban people to empower
themselves with a government which reflects the self-
determination of the Cuban people.
(4) To recognize the potential for a difficult
transition from the current regime in Cuba that may
result from the initiatives taken by the Cuban people
for self-determination in response to the intransigence
of the Castro regime in not allowing any substantive
political or economic reforms, and to be prepared to
provide the Cuban people with humanitarian,
developmental, and other economic assistance.
(5) In solidarity with the Cuban people, to provide
appropriate forms of assistance--
(A) to a transition government in Cuba;
(B) to facilitate the rapid movement from
such a transition government to a
democratically elected government in Cuba that
results from an expression of the self-
determination of the Cuban people; and
(C) to support such a democratically elected
government.
(6) Through such assistance, to facilitate a peaceful
transition to representative democracy and a market
economy in Cuba and to consolidate democracy in Cuba.
(7) To deliver such assistance to the Cuban people
only through a transition government in Cuba, through a
democratically elected government in Cuba, through
United States Government organizations, or through
United States, international, or indigenous
nongovernmental organizations.
(8) To encourage other countries and multilateral
organizations to provide similar assistance, and to
work cooperatively with such countries and
organizations to coordinate such assistance.
(9) To ensure that appropriate assistance is rapidly
provided and distributed to the people of Cuba upon the
institution of a transition government in Cuba.
(10) Not to provide favorable treatment or influence
on behalf of any individual or entity in the selection
by the Cuban people of their future government.
(11) To assist a transition government in Cuba and a
democratically elected government in Cuba to prepare
the Cuban military forces for an appropriate role in a
democracy.
(12) To be prepared to enter into negotiations with a
democratically elected government in Cuba either to
return the United States Naval Base at Guantanamo to
Cuba or to renegotiate the present agreement under
mutually agreeable terms.
(13) To consider the restoration of diplomatic
recognition and support the reintegration of the Cuban
Government into Inter-American organizations when the
President determines that there exists a democratically
elected government in Cuba.
(14) To take steps to remove the economic embargo of
Cuba when the President determines that a transition to
a democratically elected government in Cuba has begun.
(15) To assist a democratically elected government in
Cuba to strengthen and stabilize its national currency.
(16) To pursue trade relations with a free,
democratic, and independent Cuba.
SEC. 202.\25\ ASSISTANCE FOR THE CUBAN PEOPLE.
(a) Authorization.--
(1) In general.--The President shall develop a plan
for providing economic assistance to Cuba at such time
as the President determines that a transition
government or a democratically elected government in
Cuba (as determined under section 203(c)) is in power.
---------------------------------------------------------------------------
\25\ 22 U.S.C. 6062.
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(2) Effect on other laws.--Assistance may be provided
under this section subject to an authorization of
appropriations and subject to the availability of
appropriations.
(b) Plan for Assistance.--
(1) Development of plan.--The President shall develop
a plan for providing assistance under this section--
(A) to Cuba when a transition government in
Cuba is in power; and
(B) to Cuba when a democratically elected
government in Cuba is in power.
(2) Types of assistance.--Assistance under the plan
developed under paragraph (1) may, subject to an
authorization of appropriations and subject to the
availability of appropriations, include the following:
(A) Transition government.--(i) Except as
provided in clause (ii), assistance to Cuba
under a transition government shall, subject to
an authorization of appropriations and subject
to the availability of appropriations, be
limited to--
(I) such food, medicine, medical
supplies and equipment, and assistance
to meet emergency energy needs, as is
necessary to meet the basic human needs
of the Cuban people; and
(II) assistance described in
subparagraph (C).
(ii) Assistance in addition to assistance
under clause (i) may be provided, but only
after the President certifies to the
appropriate congressional committees, in
accordance with procedures applicable to
reprogramming notifications under section 634A
of the Foreign Assistance Act of 1961, that
such assistance is essential to the successful
completion of the transition to democracy.
(iii) Only after a transition government in
Cuba is in power, freedom of individuals to
travel to visit their relatives without any
restrictions shall be permitted.
(B) Democratically elected government.--
Assistance to a democratically elected
government in Cuba may, subject to an
authorization of appropriations and subject to
the availability of appropriations, consist of
economic assistance in addition to assistance
available under subparagraph (A), together with
assistance described in subparagraph (C). Such
economic assistance may include--
(i) assistance under chapter 1 of
part I (relating to development
assistance), and chapter 4 of part II
(relating to the economic support
fund), of the Foreign Assistance Act of
1961;
(ii) assistance under the
Agricultural Trade Development and
Assistance Act of 1954;
(iii) financing, guarantees, and
other forms of assistance provided by
the Export-Import Bank of the United
States;
(iv) financial support provided by
the Overseas Private Investment
Corporation for investment projects in
Cuba;
(v) assistance provided by the Trade
and Development Agency;
(vi) Peace Corps programs; and
(vii) other appropriate assistance to
carry out the policy of section 201.
(C) Military adjustment assistance.--
Assistance to a transition government in Cuba
and to a democratically elected government in
Cuba shall also include assistance in preparing
the Cuban military forces to adjust to an
appropriate role in a democracy.
(c) Strategy for Distribution.--The plan developed under
subsection (b) shall include a strategy for distributing
assistance under the plan.
(d) Distribution.--Assistance under the plan developed
under subsection (b) shall be provided through United States
Government organizations and nongovernmental organizations and
private and voluntary organizations, whether within or outside
the United States, including humanitarian, educational, labor,
and private sector organizations.
(e) International Efforts.--The President shall take the
necessary steps--
(1) to seek to obtain the agreement of other
countries and of international financial institutions
and multilateral organizations to provide to a
transition government in Cuba, and to a democratically
elected government in Cuba, assistance comparable to
that provided by the United States under this Act; and
(2) to work with such countries, institutions, and
organizations to coordinate all such assistance
programs.
(f) Communication With the Cuban People.--The President
shall take the necessary steps to communicate to the Cuban
people the plan for assistance developed under this section.
(g) \26\ Report to Congress.--Not later than 180 days after
the date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a report
describing in detail the plan developed under this section.
---------------------------------------------------------------------------
\26\ The President submitted ``Support for a Democratic Transition
in Cuba: Report to the Congress'' to the House Committees on
Appropriations and International Relations, and the Senate Committees
on Appropriations and Foreign Relations, on January 28, 1997.
---------------------------------------------------------------------------
(h) Report on Trade and Investment Relations.--
(1) Report to congress.--The President, following the
transmittal to the Congress of a determination under
section 203(c)(3) that a democratically elected
government in Cuba is in power, shall submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate and the appropriate congressional committees a
report that describes--
(A) acts, policies, and practices which
constitute significant barriers to, or
distortions of, United States trade in goods or
services or foreign direct investment with
respect to Cuba;
(B) policy objectives of the United States
regarding trade relations with a democratically
elected government in Cuba, and the reasons
therefor, including possible--
(i) reciprocal extension of
nondiscriminatory trade treatment
(most-favored-nation treatment);
(ii) designation of Cuba as a
beneficiary developing country under
title V of the Trade Act of 1974
(relating to the Generalized System of
Preferences) or as a beneficiary
country under the Caribbean Basin
Economic Recovery Act, and the
implications of such designation with
respect to trade with any other country
that is such a beneficiary developing
country or beneficiary country or is a
party to the North American Free Trade
Agreement; and
(iii) negotiations regarding free
trade, including the accession of Cuba
to the North American Free Trade
Agreement;
(C) specific trade negotiating objectives of
the United States with respect to Cuba,
including the objectives described in section
108(b)(5) of the North American Free Trade
Agreement Implementation Act (19 U.S.C.
3317(b)(5)); and
(D) actions proposed or anticipated to be
undertaken, and any proposed legislation
necessary or appropriate, to achieve any of
such policy and negotiating objectives.
(2) Consultation.--The President shall consult with
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate and the appropriate congressional committees and
shall seek advice from the appropriate advisory
committees established under section 135 of the Trade
Act of 1974 regarding the policy and negotiating
objectives and the legislative proposals described in
paragraph (1).
SEC. 203.\27\ COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND
REPORTS TO CONGRESS; REPROGRAMMING.
(a) Coordinating Official.--The President shall designate a
coordinating official who shall be responsible for--
---------------------------------------------------------------------------
\27\ 22 U.S.C. 6063.
---------------------------------------------------------------------------
(1) implementing the strategy for distributing
assistance described in section 202(b);
(2) ensuring the speedy and efficient distribution of
such assistance; and
(3) ensuring coordination among, and appropriate
oversight by, the agencies of the United States that
provide assistance described in section 202(b),
including resolving any disputes among such agencies.
(b) United States-Cuba Council.--Upon making a
determination under subsection (c)(3) that a democratically
elected government in Cuba is in power, the President, after
consultation with the coordinating official, is authorized to
designate a United States-Cuba council--
(1) to ensure coordination between the United States
Government and the private sector in responding to
change in Cuba, and in promoting market-based
development in Cuba; and
(2) to establish periodic meetings between
representatives of the United States and Cuban private
sectors for the purpose of facilitating bilateral
trade.
(c) Implementation of Plan; Reports to Congress.--
(1) Implementation with respect to transition
government.--Upon making a determination that a
transition government in Cuba is in power, the
President shall transmit that determination to the
appropriate congressional committees and shall, subject
to an authorization of appropriations and subject to
the availability of appropriations, commence the
delivery and distribution of assistance to such
transition government under the plan developed under
section 202(b).
(2) Reports to congress.--(A) The President shall
transmit to the appropriate congressional committees a
report setting forth the strategy for providing
assistance described in section 202(b)(2) (A) and (C)
to the transition government in Cuba under the plan of
assistance developed under section 202(b), the types of
such assistance, and the extent to which such
assistance has been distributed in accordance with the
plan.
(B) The President shall transmit the report not later
than 90 days after making the determination referred to
in paragraph (1), except that the President shall
transmit the report in preliminary form not later than
15 days after making that determination.
(3) Implementation with respect to democratically
elected government.--The President shall, upon
determining that a democratically elected government in
Cuba is in power, submit that determination to the
appropriate congressional committees and shall, subject
to an authorization of appropriations and subject to
the availability of appropriations, commence the
delivery and distribution of assistance to such
democratically elected government under the plan
developed under section 202(b).
(4) Annual reports to congress.--Not later than 60
days after the end of each fiscal year, the President
shall transmit to the appropriate congressional
committees a report on the assistance provided under
the plan developed under section 202(b), including a
description of each type of assistance, the amounts
expended for such assistance, and a description of the
assistance to be provided under the plan in the current
fiscal year.
(d) Reprogramming.--Any changes in the assistance to be
provided under the plan developed under section 202(b) may not
be made unless the President notifies the appropriate
congressional committees at least 15 days in advance in
accordance with the procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2394-1).
SEC. 204.\28\ TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.
(a) Presidential Actions.--Upon submitting a determination
to the appropriate congressional committees under section
203(c)(1) that a transition government in Cuba is in power, the
President, after consultation with the Congress, is authorized
to take steps to suspend the economic embargo of Cuba and to
suspend the right of action created in section 302 with respect
to actions thereafter filed against the Cuban Government, to
the extent that such steps contribute to a stable foundation
for a democratically elected government in Cuba.
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\28\ 22 U.S.C. 6064.
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(b) Suspension of Certain Provisions of Law.--In carrying
out subsection (a), the President may suspend the enforcement
of--
(1) section 620(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(a));
(2) section 620(f) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(f)) with respect to the ``Republic
of Cuba'';
(3) sections 1704, 1705(d), and 1706 of the Cuban
Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and
6005);
(4) section 902(c) of the Food Security Act of 1985;
and
(5) the prohibitions on transactions described in
part 515 of title 31, Code of Federal Regulations.
(c) Additional Presidential Actions.--Upon submitting a
determination to the appropriate congressional committees under
section 203(c)(3) that a democratically elected government in
Cuba is in power, the President shall take steps to terminate
the economic embargo of Cuba, including the restrictions under
part 515 of title 31, Code of Federal Regulations.
(d) Conforming Amendments.--On the date on which the
President submits a determination under section 203(c)(3)--
(1) section 620(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(a)) is repealed;
(2) section 620(f) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(f)) is amended by striking
``Republic of Cuba'';
(3) sections 1704, 1705(d), and 1706 of the Cuban
Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and
6005) are repealed; and
(4) section 902(c) of the Food Security Act of 1985
is repealed.\29\
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\29\ 7 U.S.C. 1446g note.
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(e) Review of Suspension of Economic Embargo.--
(1) Review.--If the President takes action under
subsection (a) to suspend the economic embargo of Cuba,
the President shall immediately so notify the Congress.
The President shall report to the Congress no less
frequently than every 6 months thereafter, until he
submits a determination under section 203(c)(3) that a
democratically elected government in Cuba is in power,
on the progress being made by Cuba toward the
establishment of such a democratically elected
government. The action of the President under
subsection (a) shall cease to be effective upon the
enactment of a joint resolution described in paragraph
(2).
(2) Joint resolutions.--For purposes of this
subsection, the term ``joint resolution'' means only a
joint resolution of the 2 Houses of Congress, the
matter after the resolving clause of which is as
follows: ``That the Congress disapproves the action of
the President under section 204(a) of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 to
suspend the economic embargo of Cuba, notice of which
was submitted to the Congress on ____.'', with the
blank space being filled with the appropriate date.
(3) Referral to committees.--Joint resolutions
introduced in the House of Representatives shall be
referred to the Committee on International Relations
and joint resolutions introduced in the Senate shall be
referred to the Committee on Foreign Relations.
(4) Procedures.--(A) Any joint resolution shall be
considered in the Senate in accordance with the
provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of
1976.
(B) For the purpose of expediting the consideration
and enactment of joint resolutions, a motion to proceed
to the consideration of any joint resolution after it
has been reported by the appropriate committee shall be
treated as highly privileged in the House of
Representatives.
(C) Not more than 1 joint resolution may be
considered in the House of Representatives and the
Senate in the 6-month period beginning on the date on
which the President notifies the Congress under
paragraph (1) of the action taken under subsection (a),
and in each 6-month period thereafter.
SEC. 205.\30\ REQUIREMENTS AND FACTORS FOR DETERMINING A TRANSITION
GOVERNMENT.
(a) Requirements.--For the purposes of this Act, a
transition government in Cuba is a government that--
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\30\ 22 U.S.C. 6065.
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(1) has legalized all political activity;
(2) has released all political prisoners and allowed
for investigations of Cuban prisons by appropriate
international human rights organizations;
(3) has dissolved the present Department of State
Security in the Cuban Ministry of the Interior,
including the Committees for the Defense of the
Revolution and the Rapid Response Brigades; and
(4) has made public commitments to organizing free
and fair elections for a new government--
(A) to be held in a timely manner within a
period not to exceed 18 months after the
transition government assumes power;
(B) with the participation of multiple
independent political parties that have full
access to the media on an equal basis,
including (in the case of radio, television, or
other telecommunications media) in terms of
allotments of time for such access and the
times of day such allotments are given; and
(C) to be conducted under the supervision of
internationally recognized observers, such as
the Organization of American States, the United
Nations, and other election monitors;
(5) has ceased any interference with Radio Marti or
Television Marti broadcasts;
(6) makes public commitments to and is making
demonstrable progress in--
(A) establishing an independent judiciary;
(B) respecting internationally recognized
human rights and basic freedoms as set forth in
the Universal Declaration of Human Rights, to
which Cuba is a signatory nation;
(C) allowing the establishment of independent
trade unions as set forth in conventions 87 and
98 of the International Labor Organization, and
allowing the establishment of independent
social, economic, and political associations;
(7) does not include Fidel Castro or Raul Castro; and
(8) has given adequate assurances that it will allow
the speedy and efficient distribution of assistance to
the Cuban people.
(b) Additional Factors.--In addition to the requirements in
subsection (a), in determining whether a transition government
in Cuba is in power, the President shall take into account the
extent to which that government--
(1) is demonstrably in transition from a communist
totalitarian dictatorship to representative democracy;
(2) has made public commitments to, and is making
demonstrable progress in--
(A) effectively guaranteeing the rights of
free speech and freedom of the press, including
granting permits to privately owned media and
telecommunications companies to operate in
Cuba;
(B) permitting the reinstatement of
citizenship to Cuban-born persons returning to
Cuba;
(C) assuring the right to private property;
and
(D) taking appropriate steps to return to
United States citizens (and entities which are
50 percent or more beneficially owned by United
States citizens) property taken by the Cuban
Government from such citizens and entities on
or after January 1, 1959, or to provide
equitable compensation to such citizens and
entities for such property;
(3) has extradited or otherwise rendered to the
United States all persons sought by the United States
Department of Justice for crimes committed in the
United States; and
(4) has permitted the deployment throughout Cuba of
independent and unfettered international human rights
monitors.
SEC. 206.\31\ REQUIREMENTS FOR DETERMINING A DEMOCRATICALLY ELECTED
GOVERNMENT.
For purposes of this Act, a democratically elected
government in Cuba, in addition to meeting the requirements of
section 205(a), is a government which--
---------------------------------------------------------------------------
\31\ 22 U.S.C. 6066.
---------------------------------------------------------------------------
(1) results from free and fair elections--
(A) conducted under the supervision of
internationally recognized observers; and
(B) in which--
(i) opposition parties were permitted
ample time to organize and campaign for
such elections; and
(ii) all candidates were permitted
full access to the media;
(2) is showing respect for the basic civil liberties
and human rights of the citizens of Cuba;
(3) is substantially moving toward a market-oriented
economic system based on the right to own and enjoy
property;
(4) is committed to making constitutional changes
that would ensure regular free and fair elections and
the full enjoyment of basic civil liberties and human
rights by the citizens of Cuba;
(5) has made demonstrable progress in establishing an
independent judiciary; and
(6) has made demonstrable progress in returning to
United States citizens (and entities which are 50
percent or more beneficially owned by United States
citizens) property taken by the Cuban Government from
such citizens and entities on or after January 1, 1959,
or providing full compensation for such property in
accordance with international law standards and
practice.
SEC. 207.\32\ SETTLEMENT OF OUTSTANDING UNITED STATES CLAIMS TO
CONFISCATED PROPERTY IN CUBA.
(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State shall
provide a report to the appropriate congressional committees
containing an assessment of the property dispute question in
Cuba, including--
---------------------------------------------------------------------------
\32\ 22 U.S.C. 6067. The Department of State submitted a report on
September 27, 1996, in accordance with this section.
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(1) an estimate of the number and amount of claims to
property confiscated by the Cuban Government that are
held by United States nationals in addition to those
claims certified under section 507 of the International
Claims Settlement Act of 1949;
(2) an assessment of the significance of promptly
resolving confiscated property claims to the
revitalization of the Cuban economy;
(3) a review and evaluation of technical and other
assistance that the United States could provide to help
either a transition government in Cuba or a
democratically elected government in Cuba establish
mechanisms to resolve property questions;
(4) an assessment of the role and types of support
the United States could provide to help resolve claims
to property confiscated by the Cuban Government that
are held by United States nationals who did not receive
or qualify for certification under section 507 of the
International Claims Settlement Act of 1949; and
(5) an assessment of any areas requiring legislative
review or action regarding the resolution of property
claims in Cuba prior to a change of government in Cuba.
(b) Sense of Congress.--It is the sense of the Congress
that the satisfactory resolution of property claims by a Cuban
Government recognized by the United States remains an essential
condition for the full resumption of economic and diplomatic
relations between the United States and Cuba.
TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
SEC. 301.\33\ FINDINGS.
The Congress makes the following findings:
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\33\ 22 U.S.C. 6081.
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(1) Individuals enjoy a fundamental right to own and
enjoy property which is enshrined in the United States
Constitution.
(2) The wrongful confiscation or taking of property
belonging to United States nationals by the Cuban
Government, and the subsequent exploitation of this
property at the expense of the rightful owner,
undermines the comity of nations, the free flow of
commerce, and economic development.
(3) Since Fidel Castro seized power in Cuba in 1959--
(A) he has trampled on the fundamental rights
of the Cuban people; and
(B) through his personal despotism, he has
confiscated the property of--
(i) millions of his own citizens;
(ii) thousands of United States
nationals; and
(iii) thousands more Cubans who
claimed asylum in the United States as
refugees because of persecution and
later became naturalized citizens of
the United States.
(4) It is in the interest of the Cuban people that
the Cuban Government respect equally the property
rights of Cuban nationals and nationals of other
countries.
(5) The Cuban Government is offering foreign
investors the opportunity to purchase an equity
interest in, manage, or enter into joint ventures using
property and assets some of which were confiscated from
United States nationals.
(6) This ``trafficking'' in confiscated property
provides badly needed financial benefit, including hard
currency, oil, and productive investment and expertise,
to the current Cuban Government and thus undermines the
foreign policy of the United States--
(A) to bring democratic institutions to Cuba
through the pressure of a general economic
embargo at a time when the Castro regime has
proven to be vulnerable to international
economic pressure; and
(B) to protect the claims of United States
nationals who had property wrongfully
confiscated by the Cuban Government.
(7) The United States Department of State has
notified other governments that the transfer to third
parties of properties confiscated by the Cuban
Government ``would complicate any attempt to return
them to their original owners''.
(8) The international judicial system, as currently
structured, lacks fully effective remedies for the
wrongful confiscation of property and for unjust
enrichment from the use of wrongfully confiscated
property by governments and private entities at the
expense of the rightful owners of the property.
(9) International law recognizes that a nation has
the ability to provide for rules of law with respect to
conduct outside its territory that has or is intended
to have substantial effect within its territory.
(10) The United States Government has an obligation
to its citizens to provide protection against wrongful
confiscations by foreign nations and their citizens,
including the provision of private remedies.
(11) To deter trafficking in wrongfully confiscated
property, United States nationals who were the victims
of these confiscations should be endowed with a
judicial remedy in the courts of the United States that
would deny traffickers any profits from economically
exploiting Castro's wrongful seizures.
SEC. 302.\34\ LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED
BY UNITED STATES NATIONALS.
(a) Civil Remedy.--
---------------------------------------------------------------------------
\34\ 22 U.S.C. 6082.
---------------------------------------------------------------------------
(1) Liability for trafficking.--(A) Except as
otherwise provided in this section, any person that,
after the end of the 3-month period beginning on the
effective date of this title, traffics in property
which was confiscated by the Cuban Government on or
after January 1, 1959, shall be liable to any United
States national who owns the claim to such property for
money damages in an amount equal to the sum of--
(i) the amount which is the greater of--
(I) the amount, if any, certified to
the claimant by the Foreign Claims
Settlement Commission under the
International Claims Settlement Act of
1949, plus interest;
(II) the amount determined under
section 303(a)(2), plus interest; or
(III) the fair market value of that
property, calculated as being either
the current value of the property, or
the value of the property when
confiscated plus interest, whichever is
greater; and
(ii) court costs and reasonable attorneys'
fees.
(B) Interest under subparagraph (A)(i) shall be at
the rate set forth in section 1961 of title 28, United
States Code, computed by the court from the date of
confiscation of the property involved to the date on
which the action is brought under this subsection.
(2) Presumption in favor of the certified claims.--
There shall be a presumption that the amount for which
a person is liable under clause (i) of paragraph (1)(A)
is the amount that is certified as described in
subclause (I) of that clause. The presumption shall be
rebuttable by clear and convincing evidence that the
amount described in subclause (II) or (III) of that
clause is the appropriate amount of liability under
that clause.
(3) Increased liability.--(A) Any person that
traffics in confiscated property for which liability is
incurred under paragraph (1) shall, if a United States
national owns a claim with respect to that property
which was certified by the Foreign Claims Settlement
Commission under title V of the International Claims
Settlement Act of 1949, be liable for damages computed
in accordance with subparagraph (C).
(B) If the claimant in an action under this
subsection (other than a United States national to whom
subparagraph (A) applies) provides, after the end of
the 3-month period described in paragraph (1) notice
to--
(i) a person against whom the action is to be
initiated, or
(ii) a person who is to be joined as a
defendant in the action,
at least 30 days before initiating the action or
joining such person as a defendant, as the case may be,
and that person, after the end of the 30-day period
beginning on the date the notice is provided, traffics
in the confiscated property that is the subject of the
action, then that person shall be liable to that
claimant for damages computed in accordance with
subparagraph (C).
(C) Damages for which a person is liable under
subparagraph (A) or subparagraph (B) are money damages
in an amount equal to the sum of--
(i) the amount determined under paragraph
(1)(A)(ii), and
(ii) 3 times the amount determined applicable
under paragraph (1)(A)(i).
(D) Notice to a person under subparagraph (B)--
(i) shall be in writing;
(ii) shall be posted by certified mail or
personally delivered to the person; and
(iii) shall contain--
(I) a statement of intention to
commence the action under this section
or to join the person as a defendant
(as the case may be), together with the
reasons therefor;
(II) a demand that the unlawful
trafficking in the claimant's property
cease immediately; and
(III) a copy of the summary statement
published under paragraph (8).
(4) Applicability.--(A) Except as otherwise provided
in this paragraph, actions may be brought under
paragraph (1) with respect to property confiscated
before, on, or after the date of the enactment of this
Act.
(B) In the case of property confiscated before the
date of the enactment of this Act, a United States
national may not bring an action under this section on
a claim to the confiscated property unless such
national acquires ownership of the claim before such
date of enactment.
(C) In the case of property confiscated on or after
the date of the enactment of this Act, a United States
national who, after the property is confiscated,
acquires ownership of a claim to the property by
assignment for value, may not bring an action on the
claim under this section.
(5) Treatment of certain actions.--(A) In the case of
a United States national who was eligible to file a
claim with the Foreign Claims Settlement Commission
under title V of the International Claims Settlement
Act of 1949 but did not so file the claim, that United
States national may not bring an action on that claim
under this section.
(B) In the case of any action brought under this
section by a United States national whose underlying
claim in the action was timely filed with the Foreign
Claims Settlement Commission under title V of the
International Claims Settlement Act of 1949 but was
denied by the Commission, the court shall accept the
findings of the Commission on the claim as conclusive
in the action under this section.
(C) A United States national, other than a United
States national bringing an action under this section
on a claim certified under title V of the International
Claims Settlement Act of 1949, may not bring an action
on a claim under this section before the end of the 2-
year period beginning on the date of the enactment of
this Act.
(D) An interest in property for which a United States
national has a claim certified under title V of the
International Claims Settlement Act of 1949 may not be
the subject of a claim in an action under this section
by any other person. Any person bringing an action
under this section whose claim has not been so
certified shall have the burden of establishing for the
court that the interest in property that is the subject
of the claim is not the subject of a claim so
certified.
(6) Inapplicability of act of state doctrine.--No
court of the United States shall decline, based upon
the act of state doctrine, to make a determination on
the merits in an action brought under paragraph (1).
(7) Licenses not required.--(A) Notwithstanding any
other provision of law, an action under this section
may be brought and may be settled, and a judgment
rendered in such action may be enforced, without
obtaining any license or other permission from any
agency of the United States, except that this paragraph
shall not apply to the execution of a judgment against,
or the settlement of actions involving, property
blocked under the authorities of section 5(b) of the
Trading with the Enemy Act that were being exercised on
July 1, 1977, as a result of a national emergency
declared by the President before such date, and are
being exercised on the date of the enactment of this
Act.
(B) Notwithstanding any other provision of law, and
for purposes of this title only, any claim against the
Cuban Government shall not be deemed to be an interest
in property the transfer of which to a United States
national required before the enactment of this Act, or
requires after the enactment of this Act, a license
issued by, or the permission of, any agency of the
United States.
(8) \35\ Publication by attorney general.--Not later
than 60 days after the date of the enactment of this
Act, the Attorney General shall prepare and publish in
the Federal Register a concise summary of the
provisions of this title, including a statement of the
liability under this title of a person trafficking in
confiscated property, and the remedies available to
United States nationals under this title.
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\35\ The Department of Justice published a summary of title III in
AG Order No. 2029-96, effective May 17, 1996 (61 F.R. 24955).
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(b) Amount in Controversy.--An action may be brought under
this section by a United States national only where the amount
in controversy exceeds the sum or value of $50,000, exclusive
of interest, costs, and attorneys' fees. In calculating $50,000
for purposes of the preceding sentence, the applicable amount
under subclause (I), (II), or (III) of subsection (a)(1)(A)(i)
may not be tripled as provided in subsection (a)(3).
(c) Procedural Requirements.--
(1) In general.--Except as provided in this title,
the provisions of title 28, United States Code, and the
rules of the courts of the United States apply to
actions under this section to the same extent as such
provisions and rules apply to any other action brought
under section 1331 of title 28, United States Code.
(2) Service of process.--In an action under this
section, service of process on an agency or
instrumentality of a foreign state in the conduct of a
commercial activity, or against individuals acting
under color of law, shall be made in accordance with
section 1608 of title 28, United States Code.
(d) Enforceability of Judgments Against Cuban Government.--
In an action brought under this section, any judgment against
an agency or instrumentality of the Cuban Government shall not
be enforceable against an agency or instrumentality of either a
transition government in Cuba or a democratically elected
government in Cuba.
(e) Certain Property Immune From Execution.--Section 1611
of title 28, United States Code, is amended by adding at the
end the following new subsection:
``(c) Notwithstanding the provisions of section 1610 of
this chapter, the property of a foreign state shall be immune
from attachment and from execution in an action brought under
section 302 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 to the extent that the property is a
facility or installation used by an accredited diplomatic
mission for official purposes.''.
(f) Election of Remedies.--
(1) Election.--Subject to paragraph (2)--
(A) any United States national that brings an
action under this section may not bring any
other civil action or proceeding under the
common law, Federal law, or the law of any of
the several States, the District of Columbia,
or any commonwealth, territory, or possession
of the United States, that seeks monetary or
nonmonetary compensation by reason of the same
subject matter; and
(B) any person who brings, under the common
law or any provision of law other than this
section, a civil action or proceeding for
monetary or nonmonetary compensation arising
out of a claim for which an action would
otherwise be cognizable under this section may
not bring an action under this section on that
claim.
(2) Treatment of certified claimants.--(A) In the
case of any United States national that brings an
action under this section based on a claim certified
under title V of the International Claims Settlement
Act of 1949--
(i) if the recovery in the action is equal to
or greater than the amount of the certified
claim, the United States national may not
receive payment on the claim under any
agreement entered into between the United
States and Cuba settling claims covered by such
title, and such national shall be deemed to
have discharged the United States from any
further responsibility to represent the United
States national with respect to that claim;
(ii) if the recovery in the action is less
than the amount of the certified claim, the
United States national may receive payment
under a claims agreement described in clause
(i) but only to the extent of the difference
between the amount of the recovery and the
amount of the certified claim; and
(iii) if there is no recovery in the action,
the United States national may receive payment
on the certified claim under a claims agreement
described in clause (i) to the same extent as
any certified claimant who does not bring an
action under this section.
(B) In the event some or all actions brought under
this section are consolidated by judicial or other
action in such manner as to create a pool of assets
available to satisfy the claims in such actions,
including a pool of assets in a proceeding in
bankruptcy, every claimant whose claim in an action so
consolidated was certified by the Foreign Claims
Settlement Commission under title V of the
International Claims Settlement Act of 1949 shall be
entitled to payment in full of its claim from the
assets in such pool before any payment is made from the
assets in such pool with respect to any claim not so
certified.
(g) Deposit of Excess Payments by Cuba Under Claims
Agreement.--Any amounts paid by Cuba under any agreement
entered into between the United States and Cuba settling
certified claims under title V of the International Claims
Settlement Act of 1949 that are in excess of the payments made
on such certified claims after the application of subsection
(f) shall be deposited into the United States Treasury.
(h) Termination of Rights.--
(1) In general.--All rights created under this
section to bring an action for money damages with
respect to property confiscated by the Cuban
Government--
(A) may be suspended under section 204(a);
and
(B) shall cease upon transmittal to the
Congress of a determination of the President
under section 203(c)(3) that a democratically
elected government in Cuba is in power.
(2) Pending suits.--The suspension or termination of
rights under paragraph (1) shall not affect suits
commenced before the date of such suspension or
termination (as the case may be), and in all such
suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same
effect as if the suspension or termination had not
occurred.
(i) Imposition of Filing Fees.--The Judicial Conference of
the United States shall establish a uniform fee that shall be
imposed upon the plaintiff or plaintiffs in each action brought
under this section. The fee should be established at a level
sufficient to recover the costs to the courts of actions
brought under this section. The fee under this subsection is in
addition to any other fees imposed under title 28, United
States Code.
SEC. 303.\36\ PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED PROPERTY.
(a) Evidence of Ownership.--
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\36\ 22 U.S.C. 6083.
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(1) Conclusiveness of certified claims.--In any
action brought under this title, the court shall accept
as conclusive proof of ownership of an interest in
property a certification of a claim to ownership of
that interest that has been made by the Foreign Claims
Settlement Commission under title V of the
International Claims Settlement Act of 1949 (22 U.S.C.
1643 and following).
(2) Claims not certified.--If in an action under this
title a claim has not been so certified by the Foreign
Claims Settlement Commission, the court may appoint a
special master, including the Foreign Claims Settlement
Commission, to make determinations regarding the amount
and ownership of the claim. Such determinations are
only for evidentiary purposes in civil actions brought
under this title and do not constitute certifications
under title V of the International Claims Settlement
Act of 1949.
(3) Effect of determinations of foreign or
international entities.--In determining the amount or
ownership of a claim in an action under this title, the
court shall not accept as conclusive evidence any
findings, orders, judgments, or decrees from
administrative agencies or courts of foreign countries
or international organizations that declare the value
of or invalidate the claim, unless the declaration of
value or invalidation was found pursuant to binding
international arbitration to which the United States or
the claimant submitted the claim.
(b) Amendment of the International Claims Settlement Act of
1949.--Title V of the International Claims Settlement Act of
1949 (22 U.S.C. 1643 and following) is amended by adding at the
end the following new section: * * * \37\
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\37\ See Legislation on Foreign Relations Through 2005, vol. IV.
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(c) Rule of Construction.--Nothing in this Act or in
section 514 of the International Claims Settlement Act of 1949,
as added by subsection (b), shall be construed--
(1) to require or otherwise authorize the claims of
Cuban nationals who became United States citizens after
their property was confiscated to be included in the
claims certified to the Secretary of State by the
Foreign Claims Settlement Commission for purposes of
future negotiation and espousal of claims with a
friendly government in Cuba when diplomatic relations
are restored; or
(2) as superseding, amending, or otherwise altering
certifications that have been made under title V of the
International Claims Settlement Act of 1949 before the
date of the enactment of this Act.
SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION
CERTIFICATION PROCEDURE.
Title V of the International Claims Settlement Act of 1949
(22 U.S.C. 1643 and following), as amended by section 303, is
further amended by adding at the end the following new section:
* * * \38\
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\38\ See Legislation on Foreign Relations Through 2005, vol. IV.
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SEC. 305.\39\ LIMITATION OF ACTIONS.
An action under section 302 may not be brought more than 2
years after the trafficking giving rise to the action has
ceased to occur.
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\39\ 22 U.S.C. 6084.
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SEC. 306.\40\ EFFECTIVE DATE.
(a) In General.--Subject to subsections (b) and (c), this
title and the amendments made by this title shall take effect
on August 1, 1996.
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\40\ 22 U.S.C. 6085.
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(b) \41\ Suspension Authority.--
---------------------------------------------------------------------------
\41\ The President ``determine[d] and report[ed] to the Congress
that suspension for 6 months beyond August 1 [1996] of the right to
bring an action under Title III of the Act is necessary to the national
interests of the United State and will expedite a transition to
democracy in Cuba,'' in letters to congressional committees
(``Statement on Action on Title III of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1995, July 16, 1996'' in Weekly
Compilation of Presidential Documents, p. 1265). The President extended
the suspension beyond August 1, 1997, in similar letters on July 16,
1997 (House Document 105-107, 105th Congress, 1st session, July 17,
1997); January 16, 1998 (Weekly Compilation of Presidential Documents,
p. 81); July 16, 1998 (Weekly Compilation of Presidential Documents, p.
1398); January 25, 1999 (Weekly Compilation of Presidential Documents,
p. 63); July 16, 1999 (Weekly Compilation of Presidential Documents, p.
1384); January 21, 2000 (Weekly Compilation of Presidential Documents,
p. 89); July 14, 2000 (Weekly Compilation of Presidential Documents, p.
1651); January 16, 2001 (Weekly Compilation of Presidential Documents,
p. 137); July 22, 2001 (Weekly Compilation of Presidential Documents,
p. 1048); January 16, 2002 (Weekly Compilation of Presidential
Documents, p. 77); July 22, 2002 (Weekly Compilation of Presidential
Documents, p. 1212); January 16, 2003 (Weekly Compilation of
Presidential Documents, p. 80); July 18, 2003 (Weekly Compilation of
Presidential Documents, p. 925); January 16, 2004 (Weekly Compilation
of Presidential Documents, p. 91); July 16, 2004 (Weekly Compilation of
Presidential Documents, p. 1323); January 13, 2005 (Weekly Compilation
of Presidential Documents, p. 31); and July 15, 2005 (Weekly
Compilation of Presidential Documents, p. 1175).
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(1) Suspension authority.--The President may suspend
the effective date under subsection (a) for a period of
not more than 6 months if the President determines and
reports in writing to the appropriate congressional
committees at least 15 days before such effective date
that the suspension is necessary to the national
interests of the United States and will expedite a
transition to democracy in Cuba.
(2) Additional suspensions.--The President may
suspend the effective date under subsection (a) for
additional periods of not more than 6 months each, each
of which shall begin on the day after the last day of
the period during which a suspension is in effect under
this subsection, if the President determines and
reports in writing to the appropriate congressional
committees at least 15 days before the date on which
the additional suspension is to begin that the
suspension is necessary to the national interests of
the United States and will expedite a transition to
democracy in Cuba.
(c) Other Authorities.--
(1) Suspension.--After this title and the amendments
of this title have taken effect--
(A) no person shall acquire a property
interest in any potential or pending action
under this title; and
(B) the President may suspend the right to
bring an action under this title with respect
to confiscated property for a period of not
more than 6 months if the President determines
and reports in writing to the appropriate
congressional committees at least 15 days
before the suspension takes effect that such
suspension is necessary to the national
interests of the United States and will
expedite a transition to democracy in Cuba.
(2) Additional suspensions.--The President may
suspend the right to bring an action under this title
for additional periods of not more than 6 months each,
each of which shall begin on the day after the last day
of the period during which a suspension is in effect
under this subsection, if the President determines and
reports in writing to the appropriate congressional
committees at least 15 days before the date on which
the additional suspension is to begin that the
suspension is necessary to the national interests of
the United States and will expedite a transition to
democracy in Cuba.
(3) Pending suits.--The suspensions of actions under
paragraph (1) shall not affect suits commenced before
the date of such suspension, and in all such suits,
proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as
if the suspension had not occurred.
(d) Rescission of Suspension.--The President may rescind
any suspension made under subsection (b) or (c) upon reporting
to the appropriate congressional committees that doing so will
expedite a transition to democracy in Cuba.
TITLE IV--EXCLUSION OF CERTAIN ALIENS
SEC. 401.\42\ EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE
CONFISCATED PROPERTY OF UNITED STATES NATIONALS OR
WHO TRAFFIC IN SUCH PROPERTY.
(a) Grounds for Exclusion.--The Secretary of State shall
deny a visa to, and the Attorney General shall exclude from the
United States, any alien who the Secretary of State determines
is a person who, after the date of the enactment of this Act--
---------------------------------------------------------------------------
\42\ 22 U.S.C. 6091. ``Department of State Guidelines for
Implementation of Title IV of the LIBERTAD Act'' were printed as
Department of State Public Notice 2403, effective June 17, 1996 (61
F.R. 30655).
---------------------------------------------------------------------------
(1) has confiscated, or has directed or overseen the
confiscation of, property a claim to which is owned by
a United States national, or converts or has converted
for personal gain confiscated property, a claim to
which is owned by a United States national;
(2) traffics in confiscated property, a claim to
which is owned by a United States national;
(3) is a corporate officer, principal, or shareholder
with a controlling interest of an entity which has been
involved in the confiscation of property or trafficking
in confiscated property, a claim to which is owned by a
United States national; or
(4) is a spouse, minor child, or agent of a person
excludable under paragraph (1), (2), or (3).
(b) Definitions.--As used in this section, the following
terms have the following meanings:
(1) Confiscated; confiscation.--The terms
``confiscated'' and ``confiscation'' refer to--
(A) the nationalization, expropriation, or
other seizure by the Cuban Government of
ownership or control of property--
(i) without the property having been
returned or adequate and effective
compensation provided; or
(ii) without the claim to the
property having been settled pursuant
to an international claims settlement
agreement or other mutually accepted
settlement procedure; and
(B) the repudiation by the Cuban Government
of, the default by the Cuban Government on, or
the failure of the Cuban Government to pay--
(i) a debt of any enterprise which
has been nationalized, expropriated, or
otherwise taken by the Cuban
Government;
(ii) a debt which is a charge on
property nationalized, expropriated, or
otherwise taken by the Cuban
Government; or
(iii) a debt which was incurred by
the Cuban Government in satisfaction or
settlement of a confiscated property
claim.
(2) Traffics.--(A) Except as provided in subparagraph
(B), a person ``traffics'' in confiscated property if
that person knowingly and intentionally--
(i)(I) transfers, distributes, dispenses,
brokers, or otherwise disposes of confiscated
property,
(II) purchases, receives, obtains control of,
or otherwise acquires confiscated property, or
(III) improves (other than for routine
maintenance), invests in (by contribution of
funds or anything of value, other than for
routine maintenance), or begins after the date
of the enactment of this Act to manage, lease,
possess, use, or hold an interest in
confiscated property,
(ii) enters into a commercial arrangement
using or otherwise benefiting from confiscated
property, or
(iii) causes, directs, participates in, or
profits from, trafficking (as described in
clause (i) or (ii)) by another person, or
otherwise engages in trafficking (as described
in clause (i) or (ii)) through another person,
without the authorization of any United States
national who holds a claim to the property.
(B) The term ``traffics'' does not include--
(i) the delivery of international
telecommunication signals to Cuba;
(ii) the trading or holding of securities
publicly traded or held, unless the trading is
with or by a person determined by the Secretary
of the Treasury to be a specially designated
national;
(iii) transactions and uses of property
incident to lawful travel to Cuba, to the
extent that such transactions and uses of
property are necessary to the conduct of such
travel; or
(iv) transactions and uses of property by a
person who is both a citizen of Cuba and a
resident of Cuba, and who is not an official of
the Cuban Government or the ruling political
party in Cuba.
(c) Exemption.--This section shall not apply where the
Secretary of State finds, on a case by case basis, that the
entry into the United States of the person who would otherwise
be excluded under this section is necessary for medical reasons
or for purposes of litigation of an action under title III.
(d) Effective Date.--
(1) In general.--This section applies to aliens
seeking to enter the United States on or after the date
of the enactment of this Act.
(2) Trafficking.--This section applies only with
respect to acts within the meaning of ``traffics'' that
occur on or after the date of the enactment of this
Act.
(2) Declaration of a National Emergency and Invocation of Emergency
Authority Relating to the Regulation of the Anchorage and Movement of
Vessels
Presidential Proclamation 6867 of March 1, 1996, 61 F.R. 8843, 50
U.S.C. 191 note
By the President of the United States of America
A Proclamation
WHEREAS, on February 24, 1996, Cuban military aircraft
intercepted and destroyed two unarmed U.S.-registered civilian
aircraft in international airspace north of Cuba;
WHEREAS the Government of Cuba has demonstrated a ready and
reckless willingness to use excessive force, including deadly
force, in the ostensible enforcement of its sovereignty;
WHEREAS, on July 13, 1995, persons in U.S.-registered
vessels who entered into Cuban territorial waters suffered
injury as a result of the reckless use of force against them by
the Cuban military; and
WHEREAS the entry of U.S.-registered vessels into Cuban
territorial waters could again result in injury to, or loss of
life of, persons engaged in that conduct, due to the potential
use of excessive force, including deadly force, against them by
the Cuban military, and could threaten a disturbance in
international relations;
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the
United States of America, by the authority vested in me by the
Constitution and the laws of the United States of America,
including section 1 of title II of Public Law 65-24, ch. 30,
June 15, 1917, as amended (50 U.S.C. 191), sections 201 and 301
of the National Emergencies Act (50 U.S.C. 1601 et seq.), and
section 301 of title 3, United States Code, find and do hereby
proclaim that a national emergency does exist by reason of a
disturbance or threatened disturbance of international
relations. In order to address this national emergency and to
secure the observance of the rights and obligations of the
United States, I hereby authorize and direct the Secretary of
Transportation (the ``Secretary'') to make and issue such rules
and regulations as the Secretary may find appropriate to
regulate the anchorage and movement of vessels, and delegate to
the Secretary my authority to approve such rules and
regulations, as authorized by the Act of June 15, 1917.
Section 1. The Secretary may make rules and regulations
governing the anchorage and movement of any vessel, foreign or
domestic, in the territorial waters of the United States, which
may be used, or is susceptible of being used, for voyage into
Cuban territorial waters and that may create unsafe conditions
and threaten a disturbance of international relations. Any rule
or regulation issued pursuant to this proclamation may be
effective immediately upon issuance as such rule or regulation
shall involve a foreign affairs function of the United States.
Sec. 2. The Secretary is authorized to inspect any vessel,
foreign or domestic, in the territorial waters of the United
States, at any time; to place guards on any such vessel; and,
with my consent expressly hereby granted, take full possession
and control of any such vessel and remove the officers and
crew, and all other persons not specifically authorized by the
Secretary to go or remain on board the vessel when necessary to
secure the rights and obligations of the United States.
Sec. 3. The Secretary may request assistance from such
departments, agencies, officers, or instrumentalities of the
United States as the Secretary deems necessary to carry out the
purposes of this proclamation. Such departments, agencies,
officers, or instrumentalities shall, consistent with other
provisions of law and to the extent practicable, provide
requested assistance.
Sec. 4. The Secretary may seek assistance from State and
local authorities in carrying out the purposes of this
proclamation. Because State and local assistance may be
essential for an effective response to this emergency, I urge
all State and local officials to cooperate with Federal
authorities and to take all actions within their lawful
authority necessary to prevent the unauthorized departure of
vessels intending to enter Cuban territorial waters.
Sec. 5. All powers and authorities delegated by this
proclamation to the Secretary may be delegated by the Secretary
to other officers and agents of the United States Government
unless otherwise prohibited by law.
Sec. 6.\1\ This proclamation shall be immediately
transmitted to the Congress and published in the Federal
Register.
\1\ This proclamation was continued by notice of the President on
February 27, 1997 (62 F.R. 9347); February 26, 1998 (63 F.R. 9923);
February 26, 1999 (64 F.R. 9903); February 20, 2000 (65 F.R. 10929);
February 27, 2001 (66 F.R. 12839); February 26, 2002 (67 F.R. 9387);
February 27, 2003 (68 F.R. 9847); February 26, 2004 (69 F.R. 9513); and
February 18, 2005 (70 F.R. 8919).
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IN WITNESS WHEREOF, I have hereunto set my hand this first
day of March, in the year of our Lord nineteen hundred and
ninety-six, and of the Independence of the United States of
America the two hundred and twentieth.
(3) Cuban Democracy Act of 1992
Partial text of Public Law 102-484 [National Defense Authorization Act
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
1992; as amended by Public Law 104-114 [Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved
March 12, 1996
AN ACT To authorize appropriations for fiscal year 1993 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, to
provide for defense conversion, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XVII--CUBAN DEMOCRACY ACT OF 1992
SEC. 1701.\1\ SHORT TITLE.
This title may be cited as the ``Cuban Democracy Act of
1992''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 6001 note.
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SEC. 1702.\2\ FINDINGS.
The Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 6001.
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(1) The government of Fidel Castro has demonstrated
consistent disregard for internationally accepted
standards of human rights and for democratic values. It
restricts the Cuban people's exercise of freedom of
speech, press, assembly, and other rights recognized by
the Universal Declaration of Human Rights adopted by
the General Assembly of the United Nations on December
10, 1948. It has refused to admit into Cuba the
representative of the United Nations Human Rights
Commission appointed to investigate human rights
violations on the island.
(2) The Cuban people have demonstrated their yearning
for freedom and their increasing opposition to the
Castro government by risking their lives in organizing
independent, democratic activities on the island and by
undertaking hazardous flights for freedom to the United
States and other countries.
(3) The Castro government maintains a military-
dominated economy that has decreased the well-being of
the Cuban people in order to enable the government to
engage in military interventions and subversive
activities throughout the world and, especially, in the
Western Hemisphere. These have included involvement in
narcotics trafficking and support for the FMLN
guerrillas in El Salvador.
(4) There is no sign that the Castro regime is
prepared to make any significant concessions to
democracy or to undertake any form of democratic
opening. Efforts to suppress dissent through
intimidation, imprisonment, and exile have accelerated
since the political changes that have occurred in the
former Soviet Union and Eastern Europe.
(5) Events in the former Soviet Union and Eastern
Europe have dramatically reduced Cuba's external
support and threaten Cuba's food and oil supplies.
(6) The fall of communism in the former Soviet Union
and Eastern Europe, the now universal recognition in
Latin America and the Caribbean that Cuba provides a
failed model of government and development, and the
evident inability of Cuba's economy to survive current
trends, provide the United States and the international
democratic community with an unprecedented opportunity
to promote a peaceful transition to democracy in Cuba.
(7) However, Castro's intransigence increases the
likelihood that there could be a collapse of the Cuban
economy, social upheaval, or widespread suffering. The
recently concluded Cuban Communist Party Congress has
underscored Castro's unwillingness to respond
positively to increasing pressures for reform either
from within the party or without.
(8) The United States cooperated with its European
and other allies to assist the difficult transitions
from Communist regimes in Eastern Europe. Therefore, it
is appropriate for those allies to cooperate with
United States policy to promote a peaceful transition
in Cuba.
SEC. 1703.\3\ STATEMENT OF POLICY.
It should be the policy of the United States--
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\3\ 22 U.S.C. 6002.
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(1) to seek a peaceful transition to democracy and a
resumption of economic growth in Cuba through the
careful application of sanctions directed at the Castro
government and support for the Cuban people;
(2) to seek the cooperation of other democratic
countries in this policy;
(3) to make clear to other countries that, in
determining its relations with them, the United States
will take into account their willingness to cooperate
in such a policy;
(4) to seek the speedy termination of any remaining
military or technical assistance, subsidies, or other
forms of assistance to the Government of Cuba from any
of the independent states of the former Soviet Union;
(5) to continue vigorously to oppose the human rights
violations of the Castro regime;
(6) to maintain sanctions on the Castro regime so
long as it continues to refuse to move toward
democratization and greater respect for human rights;
(7) to be prepared to reduce the sanctions in
carefully calibrated ways in response to positive
developments in Cuba;
(8) to encourage free and fair elections to determine
Cuba's political future;
(9) to request the speedy termination of any military
or technical assistance, subsidies, or other forms of
assistance to the Government of Cuba from the
government of any other country; and
(10) to initiate immediately the development of a
comprehensive United States policy toward Cuba in a
post-Castro era.
SEC. 1704.\4\, \5\ INTERNATIONAL COOPERATION.
(a) Cuban Trading Partners.--The President should encourage
the governments of countries that conduct trade with Cuba to
restrict their trade and credit relations with Cuba in a manner
consistent with the purposes of this title.
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\4\ 22 U.S.C. 6003. Sec. 2 of Executive Order 12854 (58 F.R. 36587;
July 4, 1993) delegated authority in this section to the Secretary of
State.
\5\ Sec. 204 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810) authorized
the President to take steps to suspend the economic embargo of Cuba
upon submitting a determination to the appropriate congressional
committees that a transition government is in power in Cuba. The
section, furthermore, repealed the following sections of law upon the
issuance of a Presidential determination that a democratically elected
government is in power in Cuba:
(1) sec. 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a));
(2) sec. 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(f)) with respect to the ``Republic of Cuba'';
(3) secs. 1704, 1705(d), and 1706 of the Cuban Democracy Act of
1992 (22 U.S.C. 6003, 6004(d), and 6005); and
(4) sec. 902(c) of the Food Security Act of 1985.
Congress, until such a transition to democracy in Cuba is attained,
reaffirmed the intent of sec. 1704, and other sections, of the Cuban
Democracy Act. See Public Law 104-114.
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(b) Sanctions Against Countries Assisting Cuba.--
(1) Sanctions.--The President may apply the following
sanctions to any country that provides assistance to
Cuba:
(A) The government of such country shall not
be eligible for assistance under the Foreign
Assistance Act of 1961 or assistance or sales
under the Arms Export Control Act.
(B) Such country shall not be eligible, under
any program, for forgiveness or reduction of
debt owed to the United States Government.
(2) Definition of assistance.--For purposes of
paragraph (1), the term ``assistance to Cuba''--
(A) means assistance to or for the benefit of
the Government of Cuba that is provided by
grant, concessional sale, guaranty, or
insurance, or by any other means on terms more
favorable than that generally available in the
applicable market, whether in the form of a
loan, lease, credit, or otherwise, and such
term includes subsidies for exports to Cuba and
favorable tariff treatment of articles that are
the growth, product, or manufacture of Cuba;
\5\
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\6\ Sec. 102(f) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 793) struck out
``and'' at the end of subpara. (A); redesignated subpara. (B) as
subpara. (C); inserted a new subpara. (B); and added the flush sentence
at the end of para. (2).
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(B) \6\ includes an exchange, reduction, or
forgiveness of Cuban debt owed to a foreign
country in return for a grant of an equity
interest in a property, investment, or
operation of the Government of Cuba (including
the government of any political subdivision of
Cuba, and any agency or instrumentality of the
Government of Cuba) or of a Cuban national; and
(C) \6\ does not include--
(i) donations of food to
nongovernmental organizations or
individuals in Cuba, or
(ii) exports of medicines or medical
supplies, instruments, or equipment
that would be permitted under section
1705(c).
As used in this paragraph, the term ``agency or
instrumentality of the Government of Cuba'' means an
agency or instrumentality of a foreign state as defined
in section 1603(b) of title 28, United States Code,
with each reference in such section to ``a foreign
state'' deemed to be a reference to ``Cuba''.\6\
(3) Applicability of section.--This section, and any
sanctions imposed pursuant to this section, shall cease
to apply at such time as the President makes and
reports to the Congress a determination under section
1708(a).
SEC. 1705.\7\ SUPPORT FOR THE CUBAN PEOPLE.
(a) Provisions of Law Affected.--The provisions of this
section apply notwithstanding any other provision of law,
including section 620(a) of the Foreign Assistance Act of 1961,
and notwithstanding the exercise of authorities, before the
enactment of this Act, under section 5(b) of the Trading With
the Enemy Act, the International Emergency Economic Powers Act,
or the Export Administration Act of 1979.
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\7\ 22 U.S.C. 6004. Sec. 3 of Executive Order 12854 (58 F.R. 36587;
July 4, 1993) delegated authority in subsecs. (b) through (e), as such
subsections pertain to transactions with Cuba, to the Secretary of the
Treasury. Sec. 4 of that Order delegated authority in subsecs. (b)
through (e) pertaining to exportation to Cuba to the Secretary of
Commerce.
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(b) Donations of Food.--Nothing in this or any other Act
shall prohibit donations of food to nongovernmental
organizations or individuals in Cuba.
(c) Exports of Medicines and Medical Supplies.--Exports of
medicines or medical supplies, instruments, or equipment to
Cuba shall not be restricted--
(1) except to the extent such restrictions would be
permitted under section 5(m) of the Export
Administration Act of 1979 or section 203(b)(2) of the
International Emergency Economic Powers Act;
(2) except in a case in which there is a reasonable
likelihood that the item to be exported will be used
for purposes of torture or other human rights abuses;
(3) except in a case in which there is a reasonable
likelihood that the item to be exported will be
reexported; and
(4) except in a case in which the item to be exported
could be used in the production of any biotechnological
product.
(d) Requirements for Certain Exports.--
(1) Onsite verifications.--(A) Subject to
subparagraph (B), an export may be made under
subsection (c) only if the President determines that
the United States Government is able to verify, by
onsite inspections and other appropriate means, that
the exported item is to be used for the purposes for
which it was intended and only for the use and benefit
of the Cuban people.
(B) Subparagraph (A) does not apply to donations to
nongovernmental organizations in Cuba of medicines for
humanitarian purposes.
(2) Licenses.--Exports permitted under subsection (c)
shall be made pursuant to specific licenses issued by
the United States Government.
(e) Telecommunications Services and Facilities.--
(1) Telecommunications services.--Telecommunications
services between the United States and Cuba shall be
permitted.
(2) Telecommunications facilities.--
Telecommunications facilities are authorized in such
quantity and of such quality as may be necessary to
provide efficient and adequate telecommunications
services between the United States and Cuba.
(3) Licensing of payments to cuba.--(A) The President
may provide for the issuance of licenses for the full
or partial payment to Cuba of amounts due Cuba as a
result of the provision of telecommunications services
authorized by this subsection, in a manner that is
consistent with the public interest and the purposes of
this title, except that this paragraph shall not
require any withdrawal from any account blocked
pursuant to regulations issued under section 5(b) of
the Trading With the Enemy Act.
(B) If only partial payments are made to Cuba under
subparagraph (A), the amounts withheld from Cuba shall
be deposited in an account in a banking institution in
the United States. Such account shall be blocked in the
same manner as any other account containing funds in
which Cuba has any interest, pursuant to regulations
issued under section 5(b) of the Trading With the Enemy
Act.
(4) Authority of federal communications commission.--
Nothing in this subsection shall be construed to
supersede the authority of the Federal Communications
Commission.
(5) \8\ Prohibition on investment in domestic
telecommunications services.--Nothing in this
subsection shall be construed to authorize the
investment by any United States person in the domestic
telecommunications network within Cuba. For purposes of
this paragraph, an ``investment'' in the domestic
telecommunications network within Cuba includes the
contribution (including by donation) of funds or
anything of value to or for, and the making of loans to
or for, such network.
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\8\ Sec. 102(g) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 793) added paras.
(5) and (6).
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(6) \8\ Reports to congress.--The President shall
submit to the Congress on a semiannual basis a report
detailing payments made to Cuba by any United States
person as a result of the provision of
telecommunications services authorized by this
subsection.
(f) Direct Mail Delivery to Cuba.--The United States Postal
Service shall take such actions as are necessary to provide
direct mail service to and from Cuba, including, in the absence
of common carrier service between the 2 countries, the use of
charter service providers.
(g) Assistance To Support Democracy in Cuba.--The United
States Government may provide assistance, through appropriate
nongovernmental organizations, for the support of individuals
and organizations to promote nonviolent democratic change in
Cuba.
SEC. 1706.\5\, \9\ SANCTIONS.
(a) Prohibition on Certain Transactions Between Certain
United States Firms and Cuba.--
---------------------------------------------------------------------------
\9\ 22 U.S.C. 6005. Sec. 3 of Executive Order 12854 (58 F.R. 36587;
July 4, 1993) delegated authority in this section pertaining to
transactions with Cuba to the Secretary of the Treasury.
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(1) Prohibition.--Notwithstanding any other provision
of law, no license may be issued for any transaction
described in section 515.559 of title 31, Code of
Federal Regulations, as in effect on July 1, 1989.
(2) Applicability to existing contracts.--Paragraph
(1) shall not affect any contract entered into before
the date of the enactment of this Act.
(b) Prohibitions on Vessels.--
(1) Vessels engaging in trade.--Beginning on the 61st
day after the date of the enactment of this Act, a
vessel which enters a port or place in Cuba to engage
in the trade of goods or services may not, within 180
days after departure from such port or place in Cuba,
load or unload any freight at any place in the United
States, except pursuant to a license issued by the
Secretary of the Treasury.
(2) Vessels carrying goods or passengers to or from
cuba.--Except as specifically authorized by the
Secretary of the Treasury, a vessel carrying goods or
passengers to or from Cuba or carrying goods in which
Cuba or a Cuban national has any interest may not enter
a United States port.
(3) Inapplicability of ship stores general license.--
No commodities which may be exported under a general
license described in section 771.9 of title 15, Code of
Federal Regulations, as in effect on May 1, 1992, may
be exported under a general license to any vessel
carrying goods or passengers to or from Cuba or
carrying goods in which Cuba or a Cuban national has an
interest.
(4) Definitions.--As used in this subsection--
(A) the term ``vessel'' includes every
description of water craft or other contrivance
used, or capable of being used, as a means of
transportation in water, but does not include
aircraft;
(B) the term ``United States'' includes the
territories and possessions of the United
States and the customs waters of the United
States (as defined in section 401 of the Tariff
Act of 1930 (19 U.S.C. 1401)); and
(C) the term ``Cuban national'' means a
national of Cuba, as the term ``national'' is
defined in section 515.302 of title 31, Code of
Federal Regulations, as of August 1, 1992.
(c) Restrictions on Remittances to Cuba.--The President
shall establish strict limits on remittances to Cuba by United
States persons for the purpose of financing the travel of
Cubans to the United States, in order to ensure that such
remittances reflect only the reasonable costs associated with
such travel, and are not used by the Government of Cuba as a
means of gaining access to United States currency.
(d) Clarification of Applicability of Sanctions.--The
prohibitions contained in subsections (a), (b), and (c) shall
not apply with respect to any activity otherwise permitted by
section 1705 or section 1707 of this Act or any activity which
may not be regulated or prohibited under section 5(b)(4) of the
Trading With the Enemy Act (50 U.S.C. App. 5(b)(4)).
SEC. 1707.\10\ POLICY TOWARD A TRANSITIONAL CUBAN GOVERNMENT.
Food, medicine, and medical supplies for humanitarian
purposes should be made available for Cuba under the Foreign
Assistance Act of 1961 and the Agricultural Trade Development
and Assistance Act of 1954 if the President determines and
certifies to the Committee on Foreign Affairs \11\ of the House
of Representatives and the Committee on Foreign Relations of
the Senate that the government in power in Cuba--
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\10\ 22 U.S.C. 6006. Sec. 2 of Executive Order 12854 (58 F.R.
36587; July 4, 1993) delegated authority in this section to the
Secretary of State.
\11\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(1) has made a public commitment to hold free and
fair elections for a new government within 6 months and
is proceeding to implement that decision;
(2) has made a public commitment to respect, and is
respecting, internationally recognized human rights and
basic democratic freedoms; and
(3) is not providing weapons or funds to any group,
in any other country, that seeks the violent overthrow
of the government of that country.
SEC. 1708.\12\ POLICY TOWARD A DEMOCRATIC CUBAN GOVERNMENT.
(a) Waiver of Restrictions.--The President may waive the
requirements of section 1706 if the President determines and
reports to the Congress that the Government of Cuba--
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\12\ 22 U.S.C. 6007. Sec. 2 of Executive Order 12854 (58 F.R.
36587; July 4, 1993) delegated authority in this section to the
Secretary of State.
---------------------------------------------------------------------------
(1) has held free and fair elections conducted under
internationally recognized observers;
(2) has permitted opposition parties ample time to
organize and campaign for such elections, and has
permitted full access to the media to all candidates in
the elections;
(3) is showing respect for the basic civil liberties
and human rights of the citizens of Cuba;
(4) is moving toward establishing a free market
economic system; and
(5) has committed itself to constitutional change
that would ensure regular free and fair elections that
meet the requirements of paragraph (2).
(b) Policies.--If the President makes a determination under
subsection (a), the President shall take the following actions
with respect to a Cuban Government elected pursuant to
elections described in subsection (a):
(1) To encourage the admission or reentry of such
government to international organizations and
international financial institutions.
(2) To provide emergency relief during Cuba's
transition to a viable economic system.
(3) To take steps to end the United States trade
embargo of Cuba.
SEC. 1709.\13\ EXISTING CLAIMS NOT AFFECTED.
Except as provided in section 1705(a), nothing in this
title affects the provisions of section 620(a)(2) of the
Foreign Assistance Act of 1961.
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\13\ 22 U.S.C. 6008.
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SEC. 1710.\14\ ENFORCEMENT.
(a) Enforcement Authority.--The authority to enforce this
title shall be carried out by the Secretary of the Treasury.
The Secretary of the Treasury shall exercise the authorities of
the Trading With the Enemy Act in enforcing this title. In
carrying out this subsection, the Secretary of the Treasury
shall take the necessary steps to ensure that activities
permitted under section 1705 are carried out for the purposes
set forth in this title and not for purposes of the
accumulation by the Cuban Government of excessive amounts of
United States currency or the accumulation of excessive profits
by any person or entity.
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\14\ 22 U.S.C. 6009.
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(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of the Treasury such sums
as may be necessary to carry out this title.
(c) Penalties Under the Trading With the Enemy Act.--
Section 16 of the Trading With the Enemy Act (50 U.S.C. App.
16) is amended--
(1) by striking ``That whoever'' and inserting ``(a)
Whoever''; and
(2) by adding at the end the following:
``(b)(1) The Secretary of the Treasury may impose a civil
penalty of not more than $50,000 on any person who violates any
license, order, rule, or regulation issued under this Act.
``(2) Any property, funds, securities, papers, or other
articles or documents, or any vessel, together with its tackle,
apparel, furniture, and equipment, that is the subject of a
violation under paragraph (1) shall, at the discretion of the
Secretary of the Treasury, be forfeited to the United States
Government.
``(3) The penalties provided under this subsection may not
be imposed for--
``(A) news gathering, research, or the export or
import of, or transmission of, information or
informational materials; or
``(B) clearly defined educational or religious
activities, or activities of recognized human rights
organizations, that are reasonably limited in
frequency, duration, and number of participants.
``(4) The penalties provided under this subsection may be
imposed only on the record after opportunity for an agency
hearing in accordance with sections 554 through 557 of title 5,
United States Code, with the right to prehearing discovery.
``(5) Judicial review of any penalty imposed under this
subsection may be had to the extent provided in section 702 of
title 5, United States Code.''.
(d) Applicability of Penalties.--The penalties set forth in
section 16 of the Trading With the Enemy Act shall apply to
violations of this title to the same extent as such penalties
apply to violations under that Act.
(e) Office of Foreign Assets Control.--The Department of
the Treasury shall establish and maintain a branch of the
Office of Foreign Assets Control in Miami, Florida, in order to
strengthen the enforcement of this title.
SEC. 1711.\15\ DEFINITION.
As used in this title, the term ``United States person''
means any United States citizen or alien admitted for permanent
residence in the United States, and any corporation,
partnership, or other organization organized under the laws of
the United States.
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\15\ 22 U.S.C. 6010.
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SEC. 1712.\16\ EFFECTIVE DATE.
This title shall take effect on the date of the enactment
of this Act.
---------------------------------------------------------------------------
\16\ 22 U.S.C. 6001 note.
(4) Implementation of the Cuban Democracy Act
Executive Order 12854 of July 4, 1993, 58 F.R. 36587, 22 U.S.C. 6001
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Trading With the Enemy Act, as amended (50 U.S.C.
App. 1-6, 7-39, 41-44), the Cuban Democracy Act of 1992 (Public
Law 102-484, sections 1701-1712, October 23, 1992, 106 Stat.
2575) (the ``Act''), and section 301 of title 3, United States
Code,
I, WILLIAM J. CLINTON, President of the United States of
America, hereby order:
Section 1. Implementation of the Act. All agencies are
hereby directed to take all appropriate measures within their
authority, including the promulgation of rules and regulations,
to carry out the provisions of the Act.
Sec. 2. Functions of the Department of State. The Secretary
of State shall be responsible for implementing sections 1704,
1707, and 1708 of the Act. Responsibility for transmitting the
certification required by section 1707 and the report required
by section 1708 of the Act is delegated to the Secretary of
State.
Sec. 3. Functions of the Department of the Treasury. Except
as provided in section 4 of this order, the Secretary of the
Treasury shall be responsible for implementing sections
1705(b)-(e) and 1706 of the Act, to the extent that these
sections pertain to transactions with Cuba.
Sec. 4. Functions of the Department of Commerce. The
Secretary of Commerce shall be responsible for implementing
sections 1705(b)-(e) of the Act, to the extent that these
sections pertain to the exportation to Cuba from the United
States or from a third country of goods and technology subject
to the jurisdiction of the Department of Commerce.
Sec. 5. Consultation. In consultation with the Secretary of
State, the Secretary of the Treasury and the Secretary of
Commerce are hereby authorized to take such actions, including
the promulgation of rules and regulations, as may be necessary
to carry out the purposes of the Act and this order.
Sec. 6. Nothing in this order shall be deemed to affect any
functions vested by law in the Federal Communications
Commission.
Sec. 7. Effective Date. This order shall be effective
immediately.
j. Economic Relations With Iraq \1\
(1) Iraq Sanctions Act of 1990 \2\
Partial text of Public Law 101-513 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991; H.R. 5114],
104 Stat. 1979 at 2047, approved November 5, 1990
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1991, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1991, and for other purposes, namely:
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\1\ See also the Iran-Iraq Arms Non-Proliferation Act of 1992
(title XVI of Public Law 102-484; 106 Stat. 2571), in Legislation on
Foreign Relations Through 2005, vol. II-B; and Iraq section in
Legislation on Foreign Relations Through 2005, vol. I-B.
\2\ In Presidential Determination 2003-23 of May 7, 2003 (68 F.R.
26459), the President suspended the application of all of the
provisions, other than sec. 586E, of the Iraq Sanctions Act of 1990.
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* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
iraq sanctions act of 1990 \3\
SEC. 586. SHORT TITLE.
Sections 586 through 586J of this Act may be cited as the
``Iraq Sanctions Act of 1990''.
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\3\ 50 U.S.C. 1701 note.
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SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.
The Congress--
(1) condemns Iraq's invasion of Kuwait on August 2,
1990;
(2) supports the actions that have been taken by the
President in response to that invasion;
(3) calls for the immediate and unconditional
withdrawal of Iraqi forces from Kuwait;
(4) supports the efforts of the United Nations
Security Council to end this violation of international
law and threat to international peace;
(5) supports the imposition and enforcement of
multilateral sanctions against Iraq;
(6) calls on United States allies and other countries
to support fully the efforts of the United Nations
Security Council, and to take other appropriate
actions, to bring about an end to Iraq's occupation of
Kuwait; and
(7) condemns the brutal occupation of Kuwait by Iraq
and its gross violations of internationally recognized
human rights in Kuwait, including widespread arrests,
torture, summary executions, and mass extrajudicial
killings.
SEC. 586B. CONSULTATIONS WITH CONGRESS.
The President shall keep the Congress fully informed, and
shall consult with the Congress, with respect to current and
anticipated events regarding the international crisis caused by
Iraq's invasion of Kuwait, including with respect to United
States actions.
SEC. 586C. TRADE EMBARGO AGAINST IRAQ.
(a) Continuation of Embargo.--Except as otherwise provided in
this section, the President shall continue to impose the trade
embargo and other economic sanctions with respect to Iraq and
Kuwait that the United States is imposing, in response to
Iraq's invasion of Kuwait, pursuant to Executive Orders
Numbered 12724 and 12725 (August 9, 1990) and, to the extent
they are still in effect, Executive Orders Numbered 12722 and
12723 (August 2, 1990).\4\ Notwithstanding any other provision
of law, no funds, credits, guarantees, or insurance
appropriated or otherwise made available by this or any other
Act for fiscal year 1991 or any fiscal year thereafter shall be
used to support or administer any financial or commercial
operation of any United States Government department, agency,
or other entity, or of any person subject to the jurisdiction
of the United States, for the benefit of the Government of
Iraq, its agencies or instrumentalities, or any person working
on behalf of the Government of Iraq, contrary to the trade
embargo and other economic sanctions imposed in accordance with
this section.
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\4\ Executive Order 12771 of July 25, 1991 (56 F.R. 35993), revoked
Executive Orders 12723 and 12725, relating to blocking Kuwaiti
government property and prohibiting transactions with Kuwait while
occupied by Iraq.
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(b) Humanitarian Assistance.--To the extent that transactions
involving foodstuffs or payments for foodstuffs are exempted
``in humanitarian circumstances'' from the prohibitions
established by the United States pursuant to United Nations
Security Council Resolution 661 (1990), those exemptions shall
be limited to foodstuffs that are to be provided consistent
with United Nations Security Council Resolution 666 (1990) and
other relevant Security Council resolutions.\5\
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\5\ United Nations Security Council Resolution 678, adopted
November 29, 1990, recalled and reaffirmed the intentions of earlier
U.N. resolutions relating to Iraq's invasion of Kuwait on August 2,
1990. Earlier resolutions, in part: condemned the Iraqi invasion of
Kuwait, demanded that Iraq withdraw immediately and unconditionally
from Kuwait, called upon Iraq and Kuwait to begin negotiations for the
resolution of their differences (Resolution 660 adopted August 2,
1990); prevented trade relations between Iraq and U.N. Member States,
or the import of any Iraqi or Kuwaiti products, and established a
Committee of the Security Council to examine progress of this trade
embargo (Resolution 661 adopted August 6, 1990); determined that the
annexation of Kuwait by Iraq had no legal validity (Resolution 662
adopted August 9, 1990); demanded that Iraq facilitate and permit the
immediate departure from Kuwait and Iraq of third country citizens
(Resolution 664 adopted August 18, 1990); called upon Member States to
blockade maritime activity to the region (Resolution 665 adopted August
25, 1990); considered an exemption of the trade embargo for foodstuffs
to Iraq and Kuwait (Resolution 666 adopted September 13, 1990);
condemned Iraq's aggressions against international diplomatic premises
and personnel in Kuwait (Resolution 667 adopted September 16, 1990);
expanded responsibilities of the Committee established under Resolution
661 (Resolution 669 adopted September 14, 1990); further defined the
trade embargo to include air traffic, and called upon Member States to
detain Iraqi ships in port (Resolution 670 adopted September 25, 1990);
condemned the taking of third nation nationals hostage, and condemned
the destruction of Kuwaiti property by Iraq (Resolution 674 adopted
October 29, 1990); and condemned Iraqi attempts to alter the
demographic composition of the Kuwaiti population (Resolution 677
adopted November 28, 1990).
Resolution 678, adopted by the U.N. Security Council on November
29, 1990, in part:
``Demands that Iraq comply fully with resolutions 660 (1990) and
all subsequent relevant resolutions, and decides, while maintaining all
its decisions, to allow Iraq one final opportunity, as a pause of
goodwill, to do so;
``Authorizes Member States cooperating with the Government of
Kuwait, unless Iraq on or before 15 January 1991 fully implements, as
set forth in paragraph 1 above, the foregoing resolutions, to use all
necessary means to uphold and implement resolution 660 (1990) and all
subsequent relevant resolutions and to restore international peace and
security in the area;''.
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(c) Notice to Congress of Exceptions to and Termination of
Sanctions.--
(1) Notice of regulations.--Any regulations issued
after the date of enactment of this Act with respect to
the economic sanctions imposed with respect to Iraq and
Kuwait by the United States under Executive Orders
Numbered 12722 and 12723 (August 2, 1990) and Executive
Orders Numbered 12724 and 12725 (August 9, 1990) \4\
shall be submitted to the Congress before those
regulations take effect.
(2) Notice of termination of sanctions.--The
President shall notify the Congress at least 15 days
before the termination, in whole or in part, of any
sanction imposed with respect to Iraq or Kuwait
pursuant to those Executive orders.
(d) Relation to Other Laws.--
(1) Sanctions legislation.--The sanctions that are
described in subsection (a) are in addition to, and not
in lieu of the sanctions provided for in section 586G
of this Act or any other provision of law.
(2) National emergencies and united nations
legislation.--Nothing in this section supersedes any
provision of the National Emergencies Act or any
authority of the President under the International
Emergency Economic Powers Act or section 5(a) of the
United Nations Participation Act of 1945.
SEC. 586D.\6\ COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.
(a) Denial of Assistance.--None of the funds appropriated or
otherwise made available pursuant to this Act to carry out the
Foreign Assistance Act of 1961 (including title IV of chapter 2
of part I, relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against Iraq
unless the President determines and so certifies to the
Congress that--
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\6\ In Presidential Determination 91-46 of July 13, 1991, the
President invoked the authority of this section when he determined and
certified ``that assistance for Jordan under chapter 4 of part II of
the Foreign Assistance Act of 1961, as amended, and under section 23 of
the Arms Export Control Act, is in the national interest of the United
States.''. He further determined, by virtue of authority given in sec.
502(c) of Public Law 102-27, that such assistance ``would be beneficial
to the peace process in the Middle East'' (56 F.R. 33839; July 24,
1991).
In Presidential Determination 91-53 of September 16, 1991, the
President made the same determinations regarding assistance for Jordan
under chapter 5 of part II of the Foreign Assistance Act of 1961, as
amended (56 F.R. 49837; October 2, 1991).
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(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the needy
people in that country; or
(3) the assistance to be provided will be
humanitarian assistance for foreign nationals who have
fled Iraq and Kuwait.
(b) Import Sanctions.--If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the
national interest, the President may prohibit, for such a
period of time as he considers appropriate, the importation
into the United States of any or all products of any foreign
country that has not prohibited--
(1) the importation of products of Iraq into its
customs territory, and
(2) the export of its products to Iraq.
SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.
Notwithstanding section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the
United Nations Participation Act of 1945 (22 U.S.C. 287c(b))--
(1) a civil penalty of not to exceed $250,000 may be
imposed on any person who, after the date of enactment
of this Act, violates or evades or attempts to violate
or evade Executive Order Numbered 12722, 12723, 12724,
or 12725 \4\ or any license, order, or regulation
issued under any such Executive order; and
(2) whoever, after the date of enactment of this Act,
willfully violates or evades or attempts to violate or
evade Executive Order Numbered 12722, 12723, 12724, or
12725 \4\ or any license, order, or regulation issued
under any such Executive order--
(A) shall, upon conviction, be fined not more
than $1,000,000, if a person other than a
natural person; or
(B) if a natural person, shall, upon
conviction, be fined not more than $1,000,000,
be imprisoned for not more than 12 years, or
both.
Any officer, director, or agent of any corporation who
knowingly participates in a violation, evasion, or attempt
described in paragraph (2) may be punished by imposition of the
fine or imprisonment (or both) specified in subparagraph (B) of
that paragraph.
SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF
INTERNATIONAL LAW.
(a) Iraq's Violations of International Law.--The Congress
determines that--
(1) the Government of Iraq has demonstrated repeated
and blatant disregard for its obligations under
international law by violating the Charter of the
United Nations, the Protocol for the Prohibition of the
Use in War of Asphyxiating, Poisonous or Other Gases,
and of Bacteriological Methods of Warfare (done at
Geneva, June 17, 1925), as well as other international
treaties;
(2) the Government of Iraq is a party to the
International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social, and
Cultural Rights and is obligated under the Covenants,
as well as the Universal Declaration of Human Rights,
to respect internationally recognized human rights;
(3) the State Department's Country Reports on Human
Rights Practices for 1989 again characterizes Iraq's
human rights record as ``abysmal'';
(4) Amnesty International, Middle East Watch, and
other independent human rights organizations have
documented extensive, systematic, and continuing human
rights abuses by the Government of Iraq, including
summary executions, mass political killings,
disappearances, widespread use of torture, arbitrary
arrests and prolonged detention without trial of
thousands of political opponents, forced relocation and
deportation, denial of nearly all civil and political
rights such as freedom of association, assembly,
speech, and the press, and the imprisonment, torture,
and execution of children;
(5) since 1987, the Government of Iraq has
intensified its severe repression of the Kurdish
minority of Iraq, deliberately destroyed more than
3,000 villages and towns in the Kurdish regions, and
forcibly expelled more than 500,000 people, thus
effectively depopulating the rural areas of Iraqi
Kurdistan;
(6) Iraq has blatantly violated international law by
initiating use of chemical weapons in the Iran-Iraq
war;
(7) Iraq has also violated international law by using
chemical weapons against its own Kurdish citizens,
resulting in tens of thousands of deaths and more than
65,000 refugees;
(8) Iraq continues to expand its chemical weapons
capability, and President Saddam Hussein has threatened
to use chemical weapons against other nations;
(9) persuasive evidence exists that Iraq is
developing biological weapons in violation of
international law;
(10) there are strong indications that Iraq has taken
steps to produce nuclear weapons and has attempted to
smuggle from the United States, in violation of United
States law, components for triggering devices used in
nuclear warheads whose manufacture would contravene the
Treaty on the Non-Proliferation of Nuclear Weapons, to
which Iraq is a party; and
(11) Iraqi President Saddam Hussein has threatened to
use terrorism against other nations in violation of
international law and has increased Iraq's support for
the Palestine Liberation Organization and other
Palestinian groups that have conducted terrorist acts.
(b) Human Rights Violations.--The Congress determines that
the Government of Iraq is engaged in a consistent pattern of
gross violations of internationally recognized human rights.
All provisions of law that impose sanctions against a country
whose government is engaged in a consistent pattern of gross
violations of internationally recognized human rights shall be
fully enforced against Iraq.
(c) Support for International Terrorism.--(1) The Congress
determines that Iraq is a country which has repeatedly provided
support for acts of international terrorism, a country which
grants sanctuary from prosecution to individuals or groups
which have committed an act of international terrorism, and a
country which otherwise supports international terrorism. The
provisions of law specified in paragraph (2) and all other
provisions of law that impose sanctions against a country which
has repeatedly provided support for acts of international
terrorism, which grants sanctuary from prosecution to an
individual or group which has committed an act of international
terrorism, or which otherwise supports international terrorism
shall be fully enforced against Iraq.
(2) The provisions of law referred to in paragraph (1) are--
(A) section 40 of the Arms Export Control Act;
(B) section 620A of the Foreign Assistance Act of
1961;
(C) sections 555 and 556 of this Act (and the
corresponding sections of predecessor foreign
operations appropriations Acts); and
(D) section 555 of the International Security and
Development Cooperation Act of 1985.
(d) Multilateral Cooperation.--The Congress calls on the
President to seek multilateral cooperation--
(1) to deny dangerous technologies to Iraq;
(2) to induce Iraq to respect internationally
recognized human rights; and
(3) to induce Iraq to allow appropriate international
humanitarian and human rights organizations to have
access to Iraq and Kuwait, including the areas in
northern Iraq traditionally inhabited by Kurds.
SEC. 586G. SANCTIONS AGAINST IRAQ.
(a) \7\ Imposition.--Except as provided in section 586H, the
following sanctions shall apply with respect to Iraq:
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\7\ Sec. 1603 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2752) provided the following:
---------------------------------------------------------------------------
``sec. 1603. application to iran of certain iraq sanctions.
---------------------------------------------------------------------------
``The sanctions against Iraq specified in paragraphs (1) through
(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained
in Public Law 100-513), including denial of export licenses for United
States persons and prohibitions on United States Government sales,
shall be applied to the same extent and in the same manner with respect
to Iran.''.
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(1) FMS sales.--The United States Government shall
not enter into any sale with Iraq under the Arms Export
Control Act.
(2) Commercial arms sales.--Licenses shall not be
issued for the export to Iraq of any item on the United
States Munitions List.
(3) Exports of certain goods and technology.--The
authorities of section 6 of the Export Administration
Act of 1979 (50 U.S.C. App. 2405) shall be used to
prohibit the export to Iraq of any goods or technology
listed pursuant to that section or section 5(c)(1) of
that Act (50 U.S.C. App. 2404(c)(1)) on the control
list provided for in section 4(b) of that Act (50
U.S.C. App. 2403(b)).
(4) Nuclear equipment, materials, and technology.--
(A) NRC licenses.--The Nuclear Regulatory
Commission shall not issue any license or other
authorization under the Atomic Energy Act of
1954 (42 U.S.C. 2011 and following) for the
export to Iraq of any source or special nuclear
material, any production or utilization
facility, any sensitive nuclear technology, any
component, item, or substance determined to
have significance for nuclear explosive
purposes pursuant to section 109b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2139(b)),
or any other material or technology requiring
such a license or authorization.
(B) Distribution of nuclear materials.--The
authority of the Atomic Energy Act of 1954
shall not be used to distribute any special
nuclear material, source material, or byproduct
material to Iraq.
(C) DOE authorizations.--The Secretary of
Energy shall not provide a specific
authorization under section 57b. (2) of the
Atomic Energy Act of 1954 (42 U.S.C.
2077(b)(2)) for any activity that would
constitute directly or indirectly engaging in
Iraq in activities that require a specific
authorization under that section.
(5) Assistance from international financial
institutions.--The United States shall oppose any loan
or financial or technical assistance to Iraq by
international financial institutions in accordance with
section 701 of the International Financial Institutions
Act (22 U.S.C. 262d).
(6) Assistance through the export-import bank.--
Credits and credit guarantees through the Export-Import
Bank of the United States shall be denied to Iraq.
(7) Assistance through the commodity credit
corporation.--Credit, credit guarantees, and other
assistance through the Commodity Credit Corporation
shall be denied to Iraq.
(8) Foreign assistance.--All forms of assistance
under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 and following) other than emergency assistance for
medical supplies and other forms of emergency
humanitarian assistance, and under the Arms Export
Control Act (22 U.S.C. 2751 and following) shall be
denied to Iraq.
(b) Contract Sanctity.--For purposes of the export controls
imposed pursuant to subsection (a)(3), the date described in
subsection (m)(1) of section 6 of the Export Administration Act
of 1979 (50 U.S.C. App. 2405) shall be deemed to be August 1,
1990.
SEC. 586H. WAIVER AUTHORITY.
(a) In General.--The President may waive the requirements of
any paragraph of section 586G(a) if the President makes a
certification under subsection (b) or subsection (c).
(b) Certification of Fundamental Changes in Iraqi Policies
and Actions.--The authority of subsection (a) may be exercised
60 days after the President certifies to the Congress that--
(1) the Government of Iraq--
(A) has demonstrated, through a pattern of
conduct, substantial improvement in its respect
for internationally recognized human rights;
(B) is not acquiring, developing, or
manufacturing (i) ballistic missiles, (ii)
chemical, biological, or nuclear weapons, or
(iii) components for such weapons; has forsworn
the first use of such weapons; and is taking
substantial and verifiable steps to destroy or
otherwise dispose of any such missiles and
weapons it possesses; and
(C) does not provide support for
international terrorism;
(2) the Government of Iraq is in substantial
compliance with its obligations under international
law, including--
(A) the Charter of the United Nations;
(B) the International Covenant on Civil and
Political Rights (done at New York, December
16, 1966) and the International Covenant on
Economic, Social, and Cultural Rights (done at
New York, December 16, 1966);
(C) the Convention on the Prevention and
Punishment of the Crime of Genocide (done at
Paris, December 9, 1948);
(D) the Protocol for the Prohibition of the
Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of
Warfare (done at Geneva, June 17, 1925);
(E) the Treaty on the Non-Proliferation of
Nuclear Weapons (done at Washington, London,
and Moscow, July 1, 1968); and
(F) the Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons
and on Their Destruction (done at Washington,
London, and Moscow, April 10, 1972); and
(3) the President has determined that it is
essential to the national interests of the United
States to exercise the authority of subsection (a).
(c) Certification of Fundamental Changes in Iraqi Leadership
and Policies.--The authority of subsection (a) may be exercised
30 days after the President certifies to the Congress that--
(1) there has been a fundamental change in the
leadership of the Government of Iraq; and
(2) the new Government of Iraq has provided reliable
and credible assurance that--
(A) it respects internationally recognized
human rights and it will demonstrate such
respect through its conduct;
(B) it is not acquiring, developing, or
manufacturing and it will not acquire, develop,
or manufacture (i) ballistic missiles, (ii)
chemical, biological, or nuclear weapons, or
(iii) components for such weapons; has forsworn
the first use of such weapons; and is taking
substantial and verifiable steps to destroy or
otherwise dispose of any such missiles and
weapons it possesses;
(C) it is not and will not provide support
for international terrorism; and
(D) it is and will continue to be in
substantial compliance with its obligations
under international law, including all the
treaties specified in subparagraphs (A) through
(F) of subsection (b)(2).
(d) Information To Be Included in Certifications.--Any
certification under subsection (b) or (c) shall include the
justification for each determination required by that
subsection. The certification shall also specify which
paragraphs of section 586G(a) the President will waive pursuant
to that certification.
SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR
NUCLEAR WEAPONS CAPABILITY.
(a) Restriction on Export Licenses.--None of the funds
appropriated by this or any other Act may be used to approve
the licensing for export of any supercomputer to any country
whose government the President determines is assisting, or
whose government officials the President determines are
assisting, Iraq to improve its rocket technology or chemical,
biological, or nuclear weapons capability.
(b) Negotiations.--The President is directed to begin
immediate negotiations with those governments with which the
United States has bilateral supercomputer agreements, including
the Government of the United Kingdom and the Government of
Japan, on conditions restricting the transfer to Iraq of
supercomputer or associated technology.
SEC. 586J. REPORTS TO CONGRESS.
(a) Study and Report on the International Export to Iraq of
Nuclear, Biological, Chemical, and Ballistic Missile
Technology.--(1) The President shall conduct a study on the
sale, export, and third party transfer or development of
nuclear, biological, chemical, and ballistic missile technology
to or with Iraq including--
(A) an identification of specific countries, as well
as companies and individuals, both foreign and
domestic, engaged in such sale or export of, nuclear,
biological, chemical, and ballistic missile technology;
(B) a detailed description and analysis of the
international supply, information, support, and
coproduction network, individual, corporate, and state,
responsible for Iraq's current capability in the area
of nuclear, biological, chemical, and ballistic missile
technology; and
(C) a recommendation of standards and procedures
against which to measure and verify a decision of the
Government of Iraq to terminate the development,
production, coproduction, and deployment of nuclear,
biological, chemical, and offensive ballistic missile
technology as well as the destruction of all existing
facilities associated with such technologies.
(2) The President shall include in the study required by
paragraph (1) specific recommendations on new mechanisms, to
include, but not be limited to, legal, political, economic and
regulatory, whereby the United States might contribute, in
conjunction with its friends, allies, and the international
community, to the management, control, or elimination of the
threat of nuclear, biological, chemical, and ballistic missile
proliferation.
(3) Not later than March 30, 1991, the President shall submit
to the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on Foreign Affairs \8\ of the House of
Representatives, a report, in both classified and unclassified
form, setting forth the findings of the study required by
paragraph (1) of this subsection.
---------------------------------------------------------------------------
\8\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
---------------------------------------------------------------------------
(b) Study and Report on Iraq's Offensive Military
Capability.--(1) The President shall conduct a study on Iraq's
offensive military capability and its effect on the Middle East
balance of power including an assessment of Iraq's power
projection capability, the prospects for another sustained
conflict with Iran, joint Iraqi-Jordanian military cooperation,
the threat Iraq's arms transfer activities pose to United
States allies in the Middle East, and the extension of Iraq's
political-military influence into Africa and Latin America.
(2) Not later than March 30, 1991, the President shall submit
to the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on Foreign Affairs \8\ of the House of
Representatives, a report, in both classified and unclassified
form, setting forth the findings of the study required by
paragraph (1).
(c) Report on Sanctions Taken by Other Nations Against
Iraq.--(1) The President shall prepare a report on the steps
taken by other nations, both before and after the August 2,
1990, invasion of Kuwait, to curtail the export of goods,
services, and technologies to Iraq which might contribute to,
or enhance, Iraq's nuclear, biological, chemical, and ballistic
missile capability.
(2) The President shall provide a complete accounting of
international compliance with each of the sanctions resolutions
adopted by the United Nations Security Council against Iraq
since August 2, 1990, and shall list, by name, each country
which to his knowledge, has provided any assistance to Iraq and
the amount and type of that assistance in violation of each
United Nations resolution.\4\
(3) The President shall make every effort to encourage other
nations, in whatever forum or context, to adopt sanctions
toward Iraq similar to those contained in this section.
(4) Not later than every 6 months after the date of enactment
of this Act, the President shall submit to the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee on
Foreign Affairs \8\ of the House of Representatives, a report
in both classified and unclassified form, setting forth the
findings of the study required by paragraph (1) of this
subsection.
(2) Prohibition on Supercomputer Licensing With End-User Designated as
Iraq
Partial text of Public Law 101-515 [Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1991; H.R. 5021], 104 Stat. 2101, approved November 5, 1990
AN ACT Making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 1991, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 1991, and for
other purposes, namely:
* * * * * * *
TITLE VI--GENERAL PROVISIONS
* * * * * * *
Sec. 608. (a) None of the funds in this or any other Act may
be used to approve the licensing for export of any
supercomputer to any country whose government the President
determines to be assisting Iraq to improve its ballistic
missile technology or chemical, biological, or nuclear weapons
capability and so reports to the Congress.
(b) None of the funds in this or any other Act may be used to
approve the licensing for export of any supercomputer to any
country whose nationals are assisting Iraq to improve its
rocket technology or chemical, biological, or nuclear weapons
capability: Provided, That this provision shall apply only if
the President determines that the government of the country has
made inadequate efforts to restrict such involvement by its
citizens or corporations and so reports to the Congress.
This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1991''.
(3) Economic Sanctions Against the Republic of Iraq
Partial text of Public Law 101-510 [National Defense Authorization Act
for Fiscal Year 1991; H.R. 4739], 104 Stat. 1485 at 1697, approved
November 5, 1990
AN ACT To authorize appropriations for fiscal year 1991 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 1458.\1\ ECONOMIC SANCTIONS AGAINST THE REPUBLIC OF IRAQ.
If the President considers that the taking of such action
would promote the effectiveness of the economic sanctions of
the United Nations and the United States imposed with respect
to Iraq, and is consistent with the national interest, the
President may prohibit, for such a period of time as he
considers appropriate, the importation into the United States
of any or all products of any foreign country that has not--
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
(1) prohibited--
(A) the importation of products of Iraq into
its customs territory, and
(B) the export of its products to Iraq; or
(2) given assurances satisfactory to the President
that such import and export sanctions will be promptly
implemented.
* * * * * * *
(4) Confiscating and Vesting Certain Iraqi Property
Executive Order 13290, March 20, 2003, 68 F.R. 14307, 50 U.S.C. 1701
note; as amended by Executive Order 13350, July 30, 2004, 69 F.R. 46055
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code, and in order to take additional steps with respect to the
national emergency declared in Executive Order 13303 of March
20, 2003, and expanded in Executive Order 13315 of August 28,
2003,\1\
---------------------------------------------------------------------------
\1\ Sec. 3 of Executive Order 13350 (69 F.R. 46055) struck out
``the national emergency declared in Executive Order 12722 of August 2,
1990'' and inserted in lieu thereof ``the national emergency declared
in Executive Order 13303 of March 20, 2003, and expanded in Executive
Order 13315 of August 28, 2003''.
---------------------------------------------------------------------------
I, GEORGE W. BUSH, President of the United States of
America, hereby determine that the United States and Iraq are
engaged in armed hostilities, that it is in the interest of the
United States to confiscate certain property of the Government
of Iraq and its agencies, instrumentalities, or controlled
entities, and that all right, title, and interest in any
property so confiscated should vest in the Department of the
Treasury. I intend that such vested property should be used to
assist the Iraqi people and to assist in the reconstruction of
Iraq, and determine that such use would be in the interest of
and for the benefit of the United States.
I hereby order:
Section 1. All blocked funds held in the United States in
accounts in the name of the Government of Iraq, the Central
Bank of Iraq, Rafidain Bank, Rasheed Bank, or the State
Organization for Marketing Oil are hereby confiscated and
vested in the Department of the Treasury, except for the
following:
(a) any such funds that are subject to the Vienna
Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations, or that enjoy
equivalent privileges and immunities under the laws of
the United States, and are or have been used for
diplomatic or consular purposes, and
(b) any such amounts that as of the date of this
order are subject to post-judgment writs of execution
or attachment in aid of execution of judgments pursuant
to section 201 of the Terrorism Risk Insurance Act of
2002 (Public Law 107 297), provided that, upon
satisfaction of the judgments on which such writs are
based, any remainder of such excepted amounts shall, by
virtue of this order and without further action, be
confiscated and vested.
Sec. 2. The Secretary of the Treasury is authorized to
perform, without further approval, ratification, or other
action of the President, all functions of the President set
forth in section 203(a)(1)(C) of IEEPA with respect to any and
all property of the Government of Iraq, including its agencies,
instrumentalities, or controlled entities, and to take
additional steps, including the promulgation of rules and
regulations as may be necessary, to carry out the purposes of
this order. The Secretary of the Treasury may redelegate such
functions in accordance with applicable law. The Secretary of
the Treasury shall consult the Attorney General as appropriate
in the implementation of this order.
Sec. 3. This order shall be transmitted to the Congress and
published in the Federal Register.
(5) Protecting the Development Fund for Iraq and Certain Other Property
in Which Iraq Has an Interest
Executive Order 13303, May 22, 2003, 68 F.R. 31929, 50 U.S.C. 1701
note; as amended by Executive Order 13364, December 3, 2004, 69 F.R.
70177
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act, as
amended (50 U.S.C. 1701 et seq.) (IEEPA), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the
United Nations Participation Act, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, find that the threat of attachment or other judicial
process against the Development Fund for Iraq, Iraqi petroleum
and petroleum products, and interests therein, and proceeds,
obligations, or any financial instruments of any nature
whatsoever arising from or related to the sale or marketing
thereof, and interests therein, obstructs the orderly
reconstruction of Iraq, the restoration and maintenance of
peace and security in the country, and the development of
political, administrative, and economic institutions in Iraq.
This situation constitutes an unusual and extraordinary threat
to the national security and foreign policy of the United
States and I hereby declare a national emergency to deal with
that threat.
I hereby order:
Section 1.\1\ (a) Except as provided in section 1(b) of
this order, and unless licensed or otherwise authorized
pursuant to this order, any attachment, judgment, decree, lien,
execution, garnishment, or other judicial process is prohibited
and shall be deemed null and void with respect to the
following:
---------------------------------------------------------------------------
\1\ Sec. 1 of Executive Order 13364 (69 F.R. 70177) amended and
restated sec. 1. It previously read as follows:
``Section 1. Unless licensed or otherwise authorized pursuant to
this order, any attachment, judgment, decree, lien, execution,
garnishment, or other judicial process is prohibited, and shall be
deemed null and void, with respect to the following:
---------------------------------------------------------------------------
``(a) the Development Fund for Iraq, and
``(b) all Iraqi petroleum and petroleum products, and interests therein,
and proceeds, obligations, or any financial instruments of any nature
whatsoever arising from or related to the sale or marketing thereof, and
interests therein, in which any foreign country or a national thereof has
any interest, that are in the United States, that hereafter come within the
United States, or that are or hereafter come within the possession or
control of United States persons.''.
(i) the Development Fund for Iraq;
(ii) all Iraqi petroleum and petroleum products, and
interests therein, but only until title passes to the
initial purchaser, and proceeds, obligations, or any
financial instruments of any nature whatsoever arising
from or related to the sale or marketing thereof, and
interests therein, in which any foreign country or a
national thereof has any interest, that are in the
United States, that hereafter come within the United
States, or that are or hereafter come within the
possession or control of United States persons; and
(iii) any accounts, assets, investments, or any other
property of any kind owned by, belonging to, or held by
the Central Bank of Iraq, or held, maintained, or
otherwise controlled by any financial institution of
any kind in the name of, on behalf of, or otherwise for
the Central Bank of Iraq.
(b) The prohibition in section 1(a) of this order shall not
apply with respect to any final judgment arising out of a
contractual obligation entered into by the Government of Iraq,
including any agency or instrumentality thereof, after June 30,
2004.
Sec. 2. (a) As of the effective date of this order,
Executive Order 12722 of August 2, 1990, Executive Order 12724
of August 9, 1990,\2\ and Executive Order 13290 of March 20,
2003, shall not apply to the property and interests in property
described in section 1 of this order.
---------------------------------------------------------------------------
\2\ In Executive Order 13350 of July 30, 2004 (69 F.R. 46055), the
President revoked Executive Order 12722 and 12724.
---------------------------------------------------------------------------
(b) Nothing in this order is intended to affect the
continued effectiveness of any rules, regulations, orders,
licenses or other forms of administrative action issued, taken,
or continued in effect heretofore or hereafter under Executive
Orders 12722, 12724, or 13290, or under the authority of IEEPA
or the UNPA, except as hereafter terminated, modified, or
suspended by the issuing Federal agency and except as provided
in section 2(a) of this order.
Sec. 3. For the purposes of this order:
(a) The term ``person'' means an individual or
entity;
(b) The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(c) The term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States;
(d) The term ``Iraqi petroleum and petroleum
products'' means any petroleum, petroleum products, or
natural gas originating in Iraq, including any Iraqi-
origin oil inventories, wherever located; and
(e) The term ``Development Fund for Iraq'' means the
fund established on or about May 22, 2003, on the books
of the Central Bank of Iraq, by the Administrator of
the Coalition Provisional Authority responsible for the
temporary governance of Iraq and all accounts held for
the fund or for the Central Bank of Iraq in the name of
the fund.
Sec. 4. (a) The Secretary of the Treasury, in consultation
with the Secretary of State and the Secretary of Defense, is
hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA and the UNPA as may be
necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government.
All agencies of the United States Government are hereby
directed to take all appropriate measures within their
statutory authority to carry out the provisions of this order.
(b) Nothing contained in this order shall relieve a person
from any requirement to obtain a license or other authorization
in compliance with applicable laws and regulations.
Sec. 5. This order is not intended to, and does not, create
any right, benefit, or privilege, substantive or procedural,
enforceable at law or in equity by a party against the United
States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
Sec. 6. This order shall be transmitted to the Congress and
published in the Federal Register.
(6) Blocking Property of the Former Iraqi Regime, Its Senior Officials
and Their Family Members, and Taking Certain Other Actions
Executive Order 13315, August 28, 2003, 68 F.R. 52315, 50 U.S.C. 1701
note; as amended by Executive Order 13350, July 29, 2004, 69 F.R. 46055
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c) (UNPA), and
section 301 of title 3, United States Code, in view of United
Nations Security Council Resolution 1483 of May 22, 2003, and
in order to take additional steps with respect to the situation
in Iraq,
I, GEORGE W. BUSH, President of the United States of
America, hereby expand the scope of the national emergency
declared in Executive Order 13303 of May 22, 2003, to address
the unusual and extraordinary threat to the national security
and foreign policy of the United States posed by obstacles to
the orderly reconstruction of Iraq, the restoration and
maintenance of peace and security in that country, and the
development of political, administrative, and economic
institutions in Iraq. I find that the removal of Iraqi property
from that country by certain senior officials of the former
Iraqi regime and their immediate family members constitutes one
of these obstacles. I further determine that the United States
is engaged in armed hostilities and that it is in the interest
of the United States to confiscate certain additional property
of the former Iraqi regime, certain senior officials of the
former regime, immediate family members of those officials, and
controlled entities. I intend that such property, after all
right, title, and interest in it has vested in the Department
of the Treasury, shall be transferred to the Development Fund
for Iraq. Such property shall be used to meet the humanitarian
needs of the Iraqi people, for the economic reconstruction and
repair of Iraq's infrastructure, for the continued disarmament
of Iraq, for the costs of Iraqi civilian administration, and
for other purposes benefiting the Iraqi people. I determine
that such use would be in the interest of and for the benefit
of the United States. I hereby order:
Section 1. Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
and (4)), or regulations, orders, directives, or licenses that
may be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to
the effective date of this order, all property and interests in
property of the former Iraqi regime or its state bodies,
corporations, or agencies, or of the following persons, that
are in the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of United States persons, are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
(a) the persons listed in the Annex to this order;
\1\ and
---------------------------------------------------------------------------
\1\ Sec. 2 of Executive Order 13350 (69 F.R. 46055) replaced this
Annex with a new Annex in Executive Order 13350. Such Annex can be
found at 69 F.R. 46058.
---------------------------------------------------------------------------
(b) persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
(i) to be senior officials of the former
Iraqi regime or their immediate family members;
or
(ii) to be owned or controlled by, or acting
or purporting to act for or on behalf of,
directly or indirectly, any of the persons
listed in the Annex to this order or determined
to be subject to this order.
Sec. 2. The Secretary of the Treasury, in consultation with
the Secretary of State, is authorized to confiscate property
that is blocked pursuant to section 1 of this order and that he
determines, in consultation with the Secretary of State, to
belong to a person, organization, or country that has planned,
authorized, aided, or engaged in armed hostilities against the
United States. All right, title, and interest in any property
so confiscated shall vest in the Department of the Treasury.
Such vested property shall promptly be transferred to the
Development Fund for Iraq.
Sec. 3. (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 4. For purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States;
(d) the term ``former Iraqi regime'' means the Saddam
Hussein regime that governed Iraq until on or about May
1, 2003;
(e) the term ``coalition authority'' means the
Coalition Provisional Authority under the direction of
its Administrator, and the military forces of the
United States, the United Kingdom, and their coalition
partners present in Iraq under the command or
operational control of the Commander of United States
Central Command; and
(f) the term ``Development Fund for Iraq'' means the
fund established on or about May 22, 2003, on the books
of the Central Bank of Iraq, by the Administrator of
the Coalition Provisional Authority responsible for the
temporary governance of Iraq and all accounts held for
the fund or for the Central Bank of Iraq in the name of
the fund.
Sec. 5. I hereby determine that the making of donations of
the type specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by or to persons determined to be subject to the
sanctions imposed under this order would seriously impair my
ability to deal with the national emergency declared in
Executive Order 13303 and expanded in scope in this order and
would endanger Armed Forces of the United States that are
engaged in hostilities, and I hereby prohibit such donations as
provided by section 1 of this order.
Sec. 6. For those persons listed in the Annex to this order
or determined to be subject to this order who might have a
constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to this order would render these measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
Executive Order 13303 and expanded in scope in this order,
there need be no prior notice of a listing or determination
made pursuant to section 1 of this order.
Sec. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA and
UNPA as may be necessary to carry out the purposes of this
order. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United
States Government, consistent with applicable law. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 8. The Secretary of the Treasury, in consultation with
the Secretary of State, is authorized to determine, subsequent
to the issuance of this order, that circumstances no longer
warrant inclusion of a person in the Annex to this order and
that such person is therefore no longer covered within the
scope of the order.
Sec. 9. Nothing in this order is intended to affect the
continued effectiveness of any rules, regulations, orders,
licenses, or other forms of administrative action issued,
taken, or continued in effect heretofore or hereafter under 31
C.F.R. chapter V, except as expressly terminated, modified, or
suspended by or pursuant to this order.
Sec. 10. This order shall not apply to such property as is
or may come under the control of the coalition authority in
Iraq. Nothing in this order is intended to affect dispositions
of such property or other determinations by the coalition
authority.
Sec. 11. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, instrumentalities, or
entities, officers or employees, or any other person.
Sec. 12. This order is effective on 12:01 a.m. EDT on
August 29, 2003.
Sec. 13. This order shall be transmitted to the Congress
and published in the Federal Register.
(7) Termination of Emergency Declared in Executive Order 12722 With
Respect to Iraq and Modification of Executive Order 13290, Executive
Order 13303, and Executive Order 13315
Executive Order 13350, July 29, 2004, 69 F.R. 46055, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c) (UNPA), and
section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, have determined that the situation that gave rise to
the declaration of a national emergency with respect to Iraq in
Executive Order 12722 of August 2, 1990, has been significantly
altered by the removal of the regime of Saddam Hussein and
other developments. I hereby terminate the national emergency
declared in Executive Order 12722, revoke that Executive Order
and Executive Order 12724 of August 9, 1990,\1\ Executive Order
12734 of November 14, 1990, Executive Order 12743 of January
18, 1991, Executive Order 12751 of February 14, 1991, and
Executive Order 12817 of October 21, 1992, that are based on
that national emergency. I hereby amend Executive Order 13290
of March 20, 2003, so that the authorities therein remain in
effect based on the national emergency I declared in Executive
Order 13303 of May 22, 2003, and expanded in Executive Order
13315 of August 28, 2003. At the same time, and in order to
take additional steps to deal with the national emergency that
I declared in Executive Order 13303, and expanded in Executive
Order 13315, with respect to the unusual and extraordinary
threat to the national security and foreign policy of the
United States posed by obstacles to the orderly reconstruction
of Iraq, the restoration and maintenance of peace and security
in that country, and the development of political,
administrative and economic institutions in Iraq, I hereby
order:
---------------------------------------------------------------------------
\1\ Executive Order 12722 of August 2, 1990 (55 F.R. 32875) had
declared a national emergency with respect to Iraq. Subsequently, sec.
6 of Executive Order 12724 of August 9, 1990 (55 F.R. 33089) revoked
Executive Order 12722, to the extent it was inconsistent with Executive
Order 12724.
---------------------------------------------------------------------------
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C.
1622(a)), termination of the national emergency declared in
Executive Order 12722 shall not affect any action taken or
proceeding pending but not finally concluded or determined as
of the effective date of this order, any action or proceeding
based on any act committed prior to such date, or any rights or
duties that matured or penalties that were incurred prior to
such date. Pursuant to section 207(a) of IEEPA (50 U.S.C.
1706(a)), and subject to such regulations, orders, directives,
or licenses as may be issued pursuant to this order, I hereby
determine that the continuation of prohibitions with regard to
transactions involving property blocked pursuant to Executive
Orders 12722 or 12724 that continues to be blocked as of the
effective date of this order is necessary on account of claims
involving Iraq.
Sec. 2. The Annex to Executive Order 13315 is replaced and
superseded in its entirety by the Annex to this order.\2\
---------------------------------------------------------------------------
\2\ The Annex to this Order, which contains a list of senior Iraqi
officials and other individuals, can be found at 69 F.R. 46058.
---------------------------------------------------------------------------
Sec. 3.\3\ * * *
---------------------------------------------------------------------------
\3\ Sec. 3 amended Executive Order 13290, March 10, 2003.
---------------------------------------------------------------------------
Sec. 4. Unless licensed or otherwise authorized pursuant to
this order or otherwise consistent with U.S. law, the trade in
or transfer of ownership or possession of Iraqi cultural
property or other items of archeological, historical, cultural,
rare scientific, and religious importance that were illegally
removed, or for which a reasonable suspicion exists that they
were illegally removed, from the Iraq National Museum, the
National Library, and other locations in Iraq since August 6,
1990, is prohibited.
Sec. 5. I hereby determine that the making of donations of
the type specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by or to persons determined to be subject to the
sanctions imposed by Executive Order 13315 or by this order
would seriously impair my ability to deal with the national
emergency declared in Executive Order 13303, and expanded by
Executive Order 13315, or would endanger the Armed Forces of
the United States that are engaged in hostilities, and I hereby
prohibit such donations as provided in section 1 of Executive
Order 13315 as amended by this order.
Sec. 6. For those persons listed in the Annex to this order
or determined to be subject to Executive Order 13315 or this
order who might have a constitutional presence in the United
States, I find that because of the ability to transfer funds or
other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in Executive Order 13303, and expanded by Executive
Order 13315, there need be no prior notice of a listing or
determination made pursuant to Executive Order 13315 or this
order.
Sec. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA and
UNPA as may be necessary to carry out the purposes of this
order. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United
States Government consistent with applicable law. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 8. The Secretary of the Treasury, in consultation with
the Secretary of State, is authorized to determine subsequent
to the issuance of the order, that circumstances no longer
warrant the inclusion of a person in the Annex to this order
and that such person is therefore no longer covered within the
scope of the order.
Sec. 9. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, officers
or employees, or any other person.
Sec. 10. This order is effective at 12:01 a.m. eastern
daylight time on July 30, 2004. This order shall be transmitted
to the Congress and published in the Federal Register.
(8) Modifying the Protection Granted to the Development Fund for Iraq
and Certain Property in Which Iraq Has an Interest and Protecting the
Central Bank of Iraq
Executive Order 13364, November 29, 2004, 69 F.R. 70177, 50 U.S.C 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act, as
amended (50 U.S.C. 1701 et seq.) (IEEPA), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the
United Nations Participation Act, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, hereby modify the scope of the national emergency
declared in Executive Order 13303 of May 22, 2003, and expanded
in Executive Order 13315 of August 28, 2003, and further
modified in Executive Order 13350 of July 29, 2004, to address
the unusual and extraordinary threat to the national security
and foreign policy of the United States posed by obstacles to
the orderly reconstruction of Iraq, the restoration and
maintenance of peace and security in that country, and the
development of political, administrative, and economic
institutions in Iraq. I find that the threat of attachment or
other judicial process against the Central Bank of Iraq
constitutes one of these obstacles. I further determine that,
consistent with United Nations Security Council Resolutions
1483 of May 22, 2003, and 1546 of June 8, 2004, the steps taken
in Executive Order 13303 to deal with the national emergency
declared therein need to be limited so that such steps do not
apply with respect to any final judgment arising out of a
contractual obligation entered into by the Government of Iraq,
including any agency or instrumentality thereof, after June 30,
2004, and so that, with respect to Iraqi petroleum and
petroleum products and interests therein, such steps shall
apply only until title passes to the initial purchaser.
I hereby order:
Section 1.\1\ * * *
---------------------------------------------------------------------------
\1\ Sec. 1 amended sec. 1 of Executive Order 13303 (68 F.R. 31929)
---------------------------------------------------------------------------
Sec. 2. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA and
the UNPA as may be necessary to carry out the purposes of this
order. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United
States Government consistent with applicable law. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
(b) Nothing contained in this order shall relieve a person
from any requirement to obtain a license or other authorization
in compliance with applicable laws and regulations.
Sec. 3. This order is not intended to, and does not, create
any right, benefit, or privilege, substantive or procedural,
enforceable at law or in equity by party against the United
States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
Sec. 4. This order shall be transmitted to the Congress and
published in the Federal Register.
k. Economic Relations With Iran
(1) Iran and Libya Sanctions Act of 1996 \1\
Public Law 104-172 [H.R. 3107], 110 Stat. 1541, approved August 5,
1996; as amended by Public Law 107-24 [ILSA Extension Act of 2001; H.R.
1954], 115 Stat. 199, approved August 3, 2001
AN ACT To impose sanctions on persons making certain investments
directly and significantly contributing to the enhancement of the
ability of Iran or Libya to develop its petroleum resources, and on
persons exporting certain items that enhance Libya's weapons or
aviation capabilities or enhance Libya's ability to develop its
petroleum resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran and Libya Sanctions Act
of 1996''.
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note. In a memorandum of November 21, 1996 (61
F.R. 64249), the President made the following delegations of authority
under this Act:
``I hereby delegate to the Secretary of State the functions vested
in the President by the following provisions of the Iran and Libya
Sanctions Act of 1996 (Public Law 104-172) (`the Act'), such functions
to be exercised in consultation with the Departments of the Treasury
and Commerce and the United States Trade Representative, and with the
Export-Import Bank and the Federal Reserve Board and other interested
agencies as appropriate: sections 4(c), 5(a), 5(b), 5(c), 5(f), 6(1),
6(2), and 9(c). I hereby delegate to the Secretary of State the
functions vested in the President by the following provisions of the
Act: sections 4(a), 4(b), 4(d), 4(e), 5(d), 5(e), 9(a), 9(b), and 10. *
* * The following functions vested in the President by the following
provisions of the Act delegated by this memorandum may be redelegated:
4(a), 4(b), 4(d), 4(e), 4(d), 5(e), and 10. All other functions
delegated by this memorandum may not be redelegated.''.
---------------------------------------------------------------------------
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The efforts of the Government of Iran to acquire
weapons of mass destruction and the means to deliver
them and its support of acts of international terrorism
endanger the national security and foreign policy
interests of the United States and those countries with
which the United States shares common strategic and
foreign policy objectives.
(2) The objective of preventing the proliferation of
weapons of mass destruction and acts of international
terrorism through existing multilateral and bilateral
initiatives requires additional efforts to deny Iran
the financial means to sustain its nuclear, chemical,
biological, and missile weapons programs.
(3) The Government of Iran uses its diplomatic
facilities and quasi-governmental institutions outside
of Iran to promote acts of international terrorism and
assist its nuclear, chemical, biological, and missile
weapons programs.
(4) The failure of the Government of Libya to comply
with Resolutions 731, 748, and 883 of the Security
Council of the United Nations, its support of
international terrorism, and its efforts to acquire
weapons of mass destruction constitute a threat to
international peace and security that endangers the
national security and foreign policy interests of the
United States and those countries with which it shares
common strategic and foreign policy objectives.
SEC. 3. DECLARATION OF POLICY.
(a) Policy With Respect to Iran.--The Congress declares
that it is the policy of the United States to deny Iran the
ability to support acts of international terrorism and to fund
the development and acquisition of weapons of mass destruction
and the means to deliver them by limiting the development of
Iran's ability to explore for, extract, refine, or transport by
pipeline petroleum resources of Iran.
(b) Policy With Respect to Libya.--The Congress further
declares that it is the policy of the United States to seek
full compliance by Libya with its obligations under Resolutions
731, 748, and 883 of the Security Council of the United
Nations, including ending all support for acts of international
terrorism and efforts to develop or acquire weapons of mass
destruction.
SEC. 4. MULTILATERAL REGIME.
(a) Multilateral Negotiations.--In order to further the
objectives of section 3, the Congress urges the President to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, and bilaterally
with allies of the United States, to establish a multilateral
sanctions regime against Iran, including provisions limiting
the development of petroleum resources, that will inhibit
Iran's efforts to carry out activities described in section 2.
(b) Reports to Congress.--The President shall report to the
appropriate congressional committees, not later than 1 year
after the date of the enactment of this Act, and periodically
thereafter, on the extent that diplomatic efforts described in
subsection (a) have been successful. Each report shall
include--
(1) the countries that have agreed to undertake
measures to further the objectives of section 3 with
respect to Iran, and a description of those measures;
and
(2) the countries that have not agreed to measures
described in paragraph (1), and, with respect to those
countries, other measures (in addition to that provided
in subsection (d)) the President recommends that the
United States take to further the objectives of section
3 with respect to Iran.
(c) Waiver.--The President may waive the application of
section 5(a) with respect to nationals of a country if--
(1) that country has agreed to undertake substantial
measures, including economic sanctions, that will
inhibit Iran's efforts to carry out activities
described in section 2 and information required by
subsection (b)(1) has been included in a report
submitted under subsection (b); and
(2) the President, at least 30 days before the waiver
takes effect, notifies the appropriate congressional
committees of his intention to exercise the waiver.
(d) Enhanced Sanction.--
(1) Sanction.--With respect to nationals of countries
except those with respect to which the President has
exercised the waiver authority of subsection (c), at
any time after the first report is required to be
submitted under subsection (b), section 5(a) shall be
applied by substituting ``$20,000,000'' for
``$40,000,000'' each place it appears, and by
substituting ``$5,000,000'' for ``$10,000,000''.
(2) Report to congress.--The President shall report
to the appropriate congressional committees any country
with respect to which paragraph (1) applies.
(e) Interim Report on Multilateral Sanctions; Monitoring.--
The President, not later than 90 days after the date of the
enactment of this Act, shall report to the appropriate
congressional committees on--
(1) whether the member states of the European Union,
the Republic of Korea, Australia, Israel, or Japan have
legislative or administrative standards providing for
the imposition of trade sanctions on persons or their
affiliates doing business or having investments in Iran
or Libya;
(2) the extent and duration of each instance of the
application of such sanctions; and
(3) the disposition of any decision with respect to
such sanctions by the World Trade Organization or its
predecessor organization.
SEC. 5. IMPOSITION OF SANCTIONS.
(a) Sanctions With Respect to Iran.--Except as provided in
subsection (f), the President shall impose 2 or more of the
sanctions described in paragraphs (1) through (6) of section 6
if the President determines that a person has, with actual
knowledge, on or after the date of the enactment of this Act,
made an investment of $40,000,000 or more (or any combination
of investments of at least $10,000,000 each, which in the
aggregate equals or exceeds $40,000,000 in any 12-month
period), that directly and significantly contributed to the
enhancement of Iran's ability to develop petroleum resources of
Iran.
(b) Mandatory Sanctions With Respect to Libya.--
(1) Violations of prohibited transactions.--Except as
provided in subsection (f), the President shall impose
2 or more of the sanctions described in paragraphs (1)
through (6) of section 6 if the President determines
that a person has, with actual knowledge, on or after
the date of the enactment of this Act, exported,
transferred, or otherwise provided to Libya any goods,
services, technology, or other items the provision of
which is prohibited under paragraph 4(b) or 5 of
Resolution 748 of the Security Council of the United
Nations, adopted March 31, 1992, or under paragraph 5
or 6 of Resolution 883 of the Security Council of the
United Nations, adopted November 11, 1993, if the
provision of such items significantly and materially--
(A) contributed to Libya's ability to acquire
chemical, biological, or nuclear weapons or
destabilizing numbers and types of advanced
conventional weapons or enhanced Libya's
military or paramilitary capabilities;
(B) contributed to Libya's ability to develop
its petroleum resources; or
(C) contributed to Libya's ability to
maintain its aviation capabilities.
(2) Investments that contribute to the development of
petroleum resources.--Except as provided in subsection
(f), the President shall impose 2 or more of the
sanctions described in paragraphs (1) through (6) of
section 6 if the President determines that a person
has, with actual knowledge, on or after the date of the
enactment of this Act, made an investment of
$20,000,000 \2\ or more (or any combination of
investments of at least $10,000,000 each, which in the
aggregate equals or exceeds $20,000,000 \2\ in any 12-
month period), that directly and significantly
contributed to the enhancement of Libya's ability to
develop its petroleum resources.
---------------------------------------------------------------------------
\2\ Sec. 2(a) of the ILSA Extension Act of 2001 (Public Law 107-24;
115 Stat. 199) struck out ``$40,000,000'' and inserted in lieu thereof
$20,000,000''. Sec. 2(b) of that Act further stated that:
``(b) Effective Date.--The amendments made by subsection (a) shall
apply to investments made on or after June 13, 2001.''.
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(c) Persons Against Which the Sanctions Are To Be
Imposed.--The sanctions described in subsections (a) and (b)
shall be imposed on--
(1) any person the President determines has carried
out the activities described in subsection (a) or (b);
and
(2) any person the President determines--
(A) is a successor entity to the person
referred to in paragraph (1);
(B) is a parent or subsidiary of the person
referred to in paragraph (1) if that parent or
subsidiary, with actual knowledge, engaged in
the activities referred to in paragraph (1); or
(C) is an affiliate of the person referred to
in paragraph (1) if that affiliate, with actual
knowledge, engaged in the activities referred
to in paragraph (1) and if that affiliate is
controlled in fact by the person referred to in
paragraph (1).
For purposes of this Act, any person or entity described in
this subsection shall be referred to as a ``sanctioned
person''.
(d) Publication in Federal Register.--The President shall
cause to be published in the Federal Register a current list of
persons and entities on whom sanctions have been imposed under
this Act. The removal of persons or entities from, and the
addition of persons and entities to, the list, shall also be so
published.
(e) \3\ Publication of Projects.--The President shall cause
to be published in the Federal Register a list of all
significant projects which have been publicly tendered in the
oil and gas sector in Iran.
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\3\ The Department of State published such a list in Public Notice
No. 2501, January 2, 1997 (62 F.R. 1141).
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(f) Exceptions.--The President shall not be required to
apply or maintain the sanctions under subsection (a) or (b)--
(1) in the case of procurement of defense articles or
defense services--
(A) under existing contracts or subcontracts,
including the exercise of options for
production quantities to satisfy requirements
essential to the national security of the
United States;
(B) if the President determines in writing
that the person to which the sanctions would
otherwise be applied is a sole source supplier
of the defense articles or services, that the
defense articles or services are essential, and
that alternative sources are not readily or
reasonably available; or
(C) if the President determines in writing
that such articles or services are essential to
the national security under defense
coproduction agreements;
(2) in the case of procurement, to eligible products,
as defined in section 308(4) of the Trade Agreements
Act of 1979 (19 U.S.C. 2518(4)), of any foreign country
or instrumentality designated under section 301(b)(1)
of that Act (19 U.S.C. 2511(b)(1));
(3) to products, technology, or services provided
under contracts entered into before the date on which
the President publishes in the Federal Register the
name of the person on whom the sanctions are to be
imposed;
(4) to--
(A) spare parts which are essential to United
States products or production;
(B) component parts, but not finished
products, essential to United States products
or production; or
(C) routine servicing and maintenance of
products, to the extent that alternative
sources are not readily or reasonably
available;
(6) \4\ to information and technology essential to
United States products or production; or
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\4\ As enrolled; no para. (5).
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(7) to medicines, medical supplies, or other
humanitarian items.
SEC. 6. DESCRIPTION OF SANCTIONS.
The sanctions to be imposed on a sanctioned person under
section 5 are as follows:
(1) Export-import bank assistance for exports to
sanctioned persons.--The President may direct the
Export-Import Bank of the United States not to give
approval to the issuance of any guarantee, insurance,
extension of credit, or participation in the extension
of credit in connection with the export of any goods or
services to any sanctioned person.
(2) Export sanction.--The President may order the
United States Government not to issue any specific
license and not to grant any other specific permission
or authority to export any goods or technology to a
sanctioned person under--
(i) the Export Administration Act of 1979;
(ii) the Arms Export Control Act;
(iii) the Atomic Energy Act of 1954; or
(iv) any other statute that requires the
prior review and approval of the United States
Government as a condition for the export or
reexport of goods or services.
(3) Loans from united states financial
institutions.--The United States Government may
prohibit any United States financial institution from
making loans or providing credits to any sanctioned
person totaling more than $10,000,000 in any 12-month
period unless such person is engaged in activities to
relieve human suffering and the loans or credits are
provided for such activities.
(4) Prohibitions on financial institutions.--The
following prohibitions may be imposed against a
sanctioned person that is a financial institution:
(A) Prohibition on designation as primary
dealer.--Neither the Board of Governors of the
Federal Reserve System nor the Federal Reserve
Bank of New York may designate, or permit the
continuation of any prior designation of, such
financial institution as a primary dealer in
United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--Such financial institution
may not serve as agent of the United States
Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph
(A) or (B) shall be treated as 1 sanction for purposes
of section 5, and the imposition of both such sanctions
shall be treated as 2 sanctions for purposes of section
5.
(5) Procurement sanction.--The United States
Government may not procure, or enter into any contract
for the procurement of, any goods or services from a
sanctioned person.
(6) Additional sanctions.--The President may impose
sanctions, as appropriate, to restrict imports with
respect to a sanctioned person, in accordance with the
International Emergency Economic Powers Act (50 U.S.C.
1701 and following).
SEC. 7. ADVISORY OPINIONS.
The Secretary of State may, upon the request of any person,
issue an advisory opinion to that person as to whether a
proposed activity by that person would subject that person to
sanctions under this Act. Any person who relies in good faith
on such an advisory opinion which states that the proposed
activity would not subject a person to such sanctions, and any
person who thereafter engages in such activity, will not be
made subject to such sanctions on account of such activity.
SEC. 8. TERMINATION OF SANCTIONS.
(a) Iran.--The requirement under section 5(a) to impose
sanctions shall no longer have force or effect with respect to
Iran if the President determines and certifies to the
appropriate congressional committees that Iran--
(1) has ceased its efforts to design, develop,
manufacture, or acquire--
(A) a nuclear explosive device or related
materials and technology;
(B) chemical and biological weapons; and
(C) ballistic missiles and ballistic missile
launch technology; and
(2) has been removed from the list of countries the
governments of which have been determined, for purposes
of section 6(j) of the Export Administration Act of
1979, to have repeatedly provided support for acts of
international terrorism.
(b) Libya.--The requirement under section 5(b) to impose
sanctions shall no longer have force or effect with respect to
Libya if the President determines and certifies to the
appropriate congressional committees that Libya has fulfilled
the requirements of United Nations Security Council Resolution
731, adopted January 21, 1992, United Nations Security Council
Resolution 748, adopted March 31, 1992, and United Nations
Security Council Resolution 883, adopted November 11, 1993.
SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
(a) Delay of Sanctions.--
(1) Consultations.--If the President makes a
determination described in section 5(a) or 5(b) with
respect to a foreign person, the Congress urges the
President to initiate consultations immediately with
the government with primary jurisdiction over that
foreign person with respect to the imposition of
sanctions under this Act.
(2) Actions by government of jurisdiction.--In order
to pursue consultations under paragraph (1) with the
government concerned, the President may delay
imposition of sanctions under this Act for up to 90
days. Following such consultations, the President shall
immediately impose sanctions unless the President
determines and certifies to the Congress that the
government has taken specific and effective actions,
including, as appropriate, the imposition of
appropriate penalties, to terminate the involvement of
the foreign person in the activities that resulted in
the determination by the President under section 5(a)
or 5(b) concerning such person.
(3) Additional delay in imposition of sanctions.--The
President may delay the imposition of sanctions for up
to an additional 90 days if the President determines
and certifies to the Congress that the government with
primary jurisdiction over the person concerned is in
the process of taking the actions described in
paragraph (2).
(4) Report to congress.--Not later than 90 days after
making a determination under section 5(a) or 5(b), the
President shall submit to the appropriate congressional
committees a report on the status of consultations with
the appropriate foreign government under this
subsection, and the basis for any determination under
paragraph (3).
(b) Duration of Sanctions.--A sanction imposed under
section 5 shall remain in effect--
(1) for a period of not less than 2 years from the
date on which it is imposed; or
(2) until such time as the President determines and
certifies to the Congress that the person whose
activities were the basis for imposing the sanction is
no longer engaging in such activities and that the
President has received reliable assurances that such
person will not knowingly engage in such activities in
the future, except that such sanction shall remain in
effect for a period of at least 1 year.
(c) Presidential Waiver.--
(1) Authority.--The President may waive the
requirement in section 5 to impose a sanction or
sanctions on a person described in section 5(c), and
may waive the continued imposition of a sanction or
sanctions under subsection (b) of this section, 30 days
or more after the President determines and so reports
to the appropriate congressional committees that it is
important to the national interest of the United States
to exercise such waiver authority.
(2) Contents of report.--Any report under paragraph
(1) shall provide a specific and detailed rationale for
the determination under paragraph (1), including--
(A) a description of the conduct that
resulted in the determination under section
5(a) or (b), as the case may be;
(B) in the case of a foreign person, an
explanation of the efforts to secure the
cooperation of the government with primary
jurisdiction over the sanctioned person to
terminate or, as appropriate, penalize the
activities that resulted in the determination
under section 5(a) or (b), as the case may be;
(C) an estimate as to the significance--
(i) of the provision of the items
described in section 5(a) to Iran's
ability to develop its petroleum
resources, or
(ii) of the provision of the items
described in section 5(b)(1) to the
abilities of Libya described in
subparagraph (A), (B), or (C) of
section 5(b)(1), or of the investment
described in section 5(b)(2) on Libya's
ability to develop its petroleum
resources, as the case may be; and
(D) a statement as to the response of the
United States in the event that the person
concerned engages in other activities that
would be subject to section 5(a) or (b).
(3) Effect of report on waiver.--If the President
makes a report under paragraph (1) with respect to a
waiver of sanctions on a person described in section
5(c), sanctions need not be imposed under section 5(a)
or (b) on that person during the 30-day period referred
to in paragraph (1).
SEC. 10. REPORTS REQUIRED.
(a) Report on Certain International Initiatives.--Not later
than 6 months after the date of the enactment of this Act, and
every 6 months thereafter, the President shall transmit a
report to the appropriate congressional committees describing--
(1) the efforts of the President to mount a
multilateral campaign to persuade all countries to
pressure Iran to cease its nuclear, chemical,
biological, and missile weapons programs and its
support of acts of international terrorism;
(2) the efforts of the President to persuade other
governments to ask Iran to reduce the presence of
Iranian diplomats and representatives of other
government and military or quasi-governmental
institutions of Iran and to withdraw any such diplomats
or representatives who participated in the takeover of
the United States embassy in Tehran on November 4,
1979, or the subsequent holding of United States
hostages for 444 days;
(3) the extent to which the International Atomic
Energy Agency has established regular inspections of
all nuclear facilities in Iran, including those
presently under construction; and
(4) Iran's use of Iranian diplomats and
representatives of other government and military or
quasi-governmental institutions of Iran to promote acts
of international terrorism or to develop or sustain
Iran's nuclear, chemical, biological, and missile
weapons programs.
(b) \5\ Report on Effectiveness of Actions Under This
Act.--Not earlier than 24 months, and not later than 30 months,
after the date of the enactment of the ILSA Extension Act of
2001, the President shall transmit to Congress a report that
describes--
---------------------------------------------------------------------------
\5\ Sec. 3 of the ILSA Extension Act of 2001 (Public Law 107-24;
115 Stat. 199) redesignated subsec. (b) as subsec. (c) and added a new
subsec. (b).
---------------------------------------------------------------------------
(1) the extent to which actions relating to trade
taken pursuant to this Act--
(A) have been effective in achieving the
objectives of section 3 and any other foreign
policy or national security objectives of the
United States with respect to Iran and Libya;
and
(B) have affected humanitarian interests in
Iran and Libya, the country in which the
sanctioned person is located, or in other
countries; and
(2) the impact of actions relating to trade taken
pursuant to this Act on other national security,
economic, and foreign policy interests of the United
States, including relations with countries friendly to
the United States, and on the United States economy.
The President may include in the report the President's
recommendation on whether or not this Act should be terminated
or modified.
(c) \5\ Other Reports.--The President shall ensure the
continued transmittal to the Congress of reports describing--
(1) the nuclear and other military capabilities of
Iran, as required by section 601(a) of the Nuclear Non-
Proliferation Act of 1978 and section 1607 of the
National Defense Authorization Act for Fiscal Year
1993; and
(2) the support provided by Iran for acts of
international terrorism, as part of the Department of
State's annual report on international terrorism.
SEC. 11. DETERMINATIONS NOT REVIEWABLE.
A determination to impose sanctions under this Act shall
not be reviewable in any court.
SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
Nothing in this Act shall apply to any activities subject
to the reporting requirements of title V of the National
Security Act of 1947.
SEC. 13. EFFECTIVE DATE; SUNSET.
(a) Effective Date.--This Act shall take effect on the date
of the enactment of this Act.
(b) Sunset.--This Act shall cease to be effective on the
date that is 10 years \6\ after the date of the enactment of
this Act.
---------------------------------------------------------------------------
\6\ Sec. 4 of the ILSA Extension Act of 2001 (Public Law 107-24;
115 Stat. 200) struck out ``5 years'' and inserted in lieu thereof ``10
years''.
---------------------------------------------------------------------------
SEC. 14. DEFINITIONS.
As used in this Act:
(1) Act of international terrorism.--The term ``act
of international terrorism'' means an act--
(A) which is violent or dangerous to human
life and that is a violation of the criminal
laws of the United States or of any State or
that would be a criminal violation if committed
within the jurisdiction of the United States or
any State; and
(B) which appears to be intended--
(i) to intimidate or coerce a
civilian population;
(ii) to influence the policy of a
government by intimidation or coercion;
or
(iii) to affect the conduct of a
government by assassination or
kidnapping.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Finance, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate and the Committee on
Ways and Means, the Committee on Banking and Financial
Services, and the Committee on International Relations
of the House of Representatives.
(3) Component part.--The term ``component part'' has
the meaning given that term in section 11A(e)(1) of the
Export Administration Act of 1979 (50 U.S.C. App.
2410a(e)(1)).
(4) Develop and development.--To ``develop'', or the
``development'' of, petroleum resources means the
exploration for, or the extraction, refining, or
transportation by pipeline of, petroleum resources.
(5) Financial institution.--The term ``financial
institution'' includes--
(A) a depository institution (as defined in
section 3(c)(1) of the Federal Deposit
Insurance Act), including a branch or agency of
a foreign bank (as defined in section 1(b)(7)
of the International Banking Act of 1978);
(B) a credit union;
(C) a securities firm, including a broker or
dealer;
(D) an insurance company, including an agency
or underwriter; and
(E) any other company that provides financial
services.
(6) Finished product.--The term ``finished product''
has the meaning given that term in section 11A(e)(2) of
the Export Administration Act of 1979 (50 U.S.C. App.
2410a(e)(2)).
(7) Foreign person.--The term ``foreign person''
means--
(A) an individual who is not a United States
person or an alien lawfully admitted for
permanent residence into the United States; or
(B) a corporation, partnership, or other
nongovernmental entity which is not a United
States person.
(8) Goods and technology.--The terms ``goods'' and
``technology'' have the meanings given those terms in
section 16 of the Export Administration Act of 1979 (50
U.S.C. App. 2415).
(9) Investment.--The term ``investment'' means any of
the following activities if such activity is undertaken
pursuant to an agreement, or pursuant to the exercise
of rights under such an agreement, that is entered into
with the Government of Iran or a nongovenmental entity
in Iran, or with the Government of Libya or a
nongovernmental entity in Libya, on or after the date
of the enactment of this Act:
(A) The entry into a contract that includes
responsibility for the development of petroleum
resources located in Iran or Libya (as the case
may be), or the entry into a contract providing
for the general supervision and guarantee of
another person's performance of such a
contract.
(B) The purchase of a share of ownership,
including an equity interest, in that
development.
(C) The entry into a contract providing for
the participation in royalties, earnings, or
profits in that development, without regard to
the form of the participation.
The term ``investment'' does not include the entry
into, performance, or financing of a contract to sell
or purchase goods, services, or technology. For
purposes of this paragraph, an amendment or other
modification that is made, on or after June 13, 2001,
to an agreement or contract shall be treated as the
entry of an agreement or contract.\7\
---------------------------------------------------------------------------
\7\ Sec. 5 of the ILSA Extension Act of 2001 (Public Law 107-24;
115 Stat. 200) added this sentence.
---------------------------------------------------------------------------
(10) Iran.--The term ``Iran'' includes any agency or
instrumentality of Iran.
(11) Iranian diplomats and representatives of other
government and military or quasi-governmental
institutions of iran.--The term ``Iranian diplomats and
representatives of other government and military or
quasi-governmental institutions of Iran'' includes
employees, representatives, or affiliates of Iran's--
(A) Foreign Ministry;
(B) Ministry of Intelligence and Security;
(C) Revolutionary Guard Corps;
(D) Crusade for Reconstruction;
(E) Qods (Jerusalem) Forces;
(F) Interior Ministry;
(G) Foundation for the Oppressed and
Disabled;
(H) Prophet's Foundation;
(I) June 5th Foundation;
(J) Martyr's Foundation;
(K) Islamic Propagation Organization; and
(L) Ministry of Islamic Guidance.
(12) Libya.--The term ``Libya'' includes any agency
or instrumentality of Libya.
(13) Nuclear explosive device.--The term ``nuclear
explosive device'' means any device, whether assembled
or disassembled, that is designed to produce an
instantaneous release of an amount of nuclear energy
from special nuclear material (as defined in section
11(aa) of the Atomic Energy Act of 1954) that is
greater than the amount of energy that would be
released from the detonation of one pound of
trinitrotoluene (TNT).
(14) Person.--The term ``person'' means--
(A) a natural person;
(B) a corporation, business association,
partnership, society, trust, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise; and
(C) any successor to any entity described in
subparagraph (B).
(15) Petroleum resources.--The term ``petroleum
resources'' includes petroleum and natural gas
resources.
(16) United states or state.--The term ``United
States'' or ``State'' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands,
and any other territory or possession of the United
States.
(17) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen of the
United States or who owes permanent allegiance
to the United States; and
(B) a corporation or other legal entity which
is organized under the laws of the United
States, any State or territory thereof, or the
District of Columbia, if natural persons
described in subparagraph (A) own, directly or
indirectly, more than 50 percent of the
outstanding capital stock or other beneficial
interest in such legal entity.
(2) Blocking Iranian Government Property
Executive Order 12170, November 14, 1979, 44 F.R. 65729, 50 U.S.C. 1701
note
Note.--Other actions taken by the President regarding
the Iranian crisis included a series of Executive
Orders prohibiting certain transactions with Iran,
establishing of and managing of escrow accounts, and
overseeing the transfer of various Iranian assets. The
President also issued Proclamation 4702 (44 F.R.
65581), issued on November 12, 1979, to prohibit
Iranian oil from entering the United States (revoked
January 19, 1981), and Executive Order 12172 (November
26, 1979; 44 F.R. 67947), to delegate authority
conferred on him by 8 U.S.C. 1185 (travel control of
citizens and aliens during war or national emergency)
to the Secretary of State and the Attorney General with
respect to Iranians holding nonimmigrant visas.
Pursuant to the authority vested in me as President by the
Constitution and laws of the United States including the
International Emergency Economic Powers Act, 50 U.S.C.A. sec.
1701 et seq., the National Emergencies Act, 50 U.S.C. sec. 1601
et seq., and 3 U.S.C. sec. 301,
I, JIMMY CARTER, President of the United States, find that
the situation in Iran constitutes an unusual and extraordinary
threat to the national security, foreign policy and economy of
the United States and hereby declare a national emergency to
deal with that threat.\1\
---------------------------------------------------------------------------
\1\ In a notice of November 12, 1980 (45 F.R. 75159), the President
stated that the situation which prompted the declaration of this
national emergency continues and that therefore, this national
emergency must continue in effect beyond November 14, 1980. Subsequent
notices of the continuation of this national emergency were transmitted
to the Congress on November 12, 1981 (46 F.R. 55915); November 8, 1982
(47 F.R. 50841); November 4, 1983 (48 F.R. 51277); November 7, 1984 (49
F.R. 44741); November 1, 1985 (50 F.R. 45901); November 10, 1986 (51
F.R. 41067); November 10, 1987 (52 F.R. 43549); November 8, 1988 (53
F.R. 45750); October 30, 1989 (54 F.R. 46043); November 9, 1990 (55
F.R. 47453); November 12, 1991 (56 F.R. 57791); October 25, 1992 (57
F.R. 48719); November 1, 1993 (58 F.R. 58639); October 31, 1994 (59
F.R. 54785); October 31, 1995 (60 F.R. 55651); October 29, 1996 (61
F.R. 56107); September 30, 1997 (62 F.R. 51591); November 9, 1998 (63
F.R. 63125; November 5, 1999 (64 F.R. 61471); November 5, 2000 (65 F.R.
68061); November 14, 2001 (67 F.R. 56966); November 13, 2002 (67 F.R.
68927); November 12, 2003 (68 F.R. 64487); November 9, 2004 (69 F.R.
65513); and November 9, 2005 (70 F.R. 69039).
---------------------------------------------------------------------------
I hereby order blocked all property and interests in
property of the Government of Iran, its instrumentalities and
controlled entities and the Central Bank of Iran which are or
become subject to the jurisdiction of the United States or
which are in or come within the possession or control of
persons subject to the jurisdiction of the United States.
The Secretary of the Treasury is authorized to employ all
powers granted to me by the International Emergency Economic
Powers Act to carry out the provisions of this order.
This order is effective immediately and shall be
transmitted to the Congress and published in the Federal
Register.
(3) Prohibiting Imports From Iran
Executive Order 12613, October 29, 1987, 52 F.R. 41940, as amended by
Executive Order 12959, May 6, 1995, 60 F.R. 24757; revoked by Executive
Order 13059, August 19, 1997, 62 F.R. 44531
Note.--Executive Order 13059 of August 19, 1997 (62
F.R. 44531) consolidated several Executive Orders
pertaining to transactions with Iran and revoked the
remaining sections of this order, with respect to
transactions occurring after August 20, 1997.
(4) Prohibiting Certain Transactions With Respect to the Development of
Iranian Petroleum Resources
Executive Order 12957, March 15, 1995, 60 F.R. 14615; as amended by
Executive Order 12959, May 6, 1995, 60 F.R. 24757 \1\
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
1601 et seq.), and section 301 of title 3, United States Code,
---------------------------------------------------------------------------
\1\ See also 31 CFR Part 560.
---------------------------------------------------------------------------
I, WILLIAM J. CLINTON, President of the United States of
America, find that the actions and policies of the Government
of Iran constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States, and hereby declare a national emergency to deal with
that threat.\2\
---------------------------------------------------------------------------
\2\ This national emergency was continued by Presidential notices
on the following dates: March 8, 1996 (61 F.R. 9897); March 5, 1997 (62
F.R. 10409); March 4, 1998 (63 F.R. 11099); March 10, 1999 (64 F.R.
12239); March 13, 2000 (65 F.R. 13863); March 13, 2001 (66 F.R. 14013);
March 13, 2002 (67 F.R. 11553); March 12, 2003 (68 F.R. 12567); March
10, 2004 (69 F.R. 12051); and March 10, 2005 (70 F.R. 12581).
---------------------------------------------------------------------------
I hereby order:
Section 1.\3\ * * * [Revoked--1995]
---------------------------------------------------------------------------
\3\ Sec. 5 of Executive Order No. 12959 (May 6, 1995; 60 F.R.
24757) revoked secs. 1 and 2, which formerly read as follows:
``Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses that may be
issued pursuant to this order, and notwithstanding any contract entered
into or any license or permit granted prior to the effective date of
this order: (a) the entry into or performance by a United States
person, or the approval by a United States person of the entry into or
performance by an entity owned or controlled by a United States person,
of (i) a contract that includes overall supervision and management
responsibility for the development of petroleum resources located in
Iran, or (ii) a guaranty of another person's performance under such a
contract;
``(b) the entry into or performance by a United States person, or
the approval by a United States person of the entry into or performance
by an entity owned or controlled by a United States person, of (i) a
contract for the financing of the development of petroleum resources
located in Iran, or (ii) a guaranty of another person's performance
under such a contract; and
``(c) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading or
avoiding, or attempts to violate, any of the prohibitions set forth in
this order.
``Sec. 2. For the purposes of this order: (a) The term `person'
means an individual or entity;
``(b) The term `entity' means a partnership, association, trust,
joint venture, corporation, or other organization;
``(c) The term `United States person' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States (including foreign branches), or any person in the
United States; and
``(d) The term `Iran' means the land territory claimed by Iran and
any other area over which Iran claims sovereignty, sovereign rights or
jurisdiction, including the territorial sea, exclusive economic zone,
and continental shelf claimed by Iran.''.
---------------------------------------------------------------------------
Sec. 2.\3\ * * * [Revoked--1995]
Sec. 3. The Secretary of the treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to me by the International
Emergency Economic Powers Act as may be necessary to carry out
the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and
agencies of the United States Government. All agencies of the
United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 4. Nothing contained in this order shall create any
right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
Sec. 5. (a) This order is effective at 12:01 a.m., eastern
standard time, on March 16, 1995.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
(5) Prohibiting Certain Transactions With Respect to Iran
Executive Order 12959, May 6, 1995, 60 F.R. 24757; amended by Executive
Order 13059, August 19, 1997, 62 F.R. 44531 \1\
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 505 of the International Security
and Development Cooperation Act of 1985 (22 U.S.C. 2349aa-9)
(ISDCA), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of
America, in order to take steps with respect to Iran in
addition to those set forth in Executive Order No. 12957 of
March 15, 1995, to deal with the unusual and extraordinary
threat to the national security, foreign policy, and economy of
the United States referred to in that order, hereby order:
---------------------------------------------------------------------------
\1\ See also 31 CFR Part 560.
---------------------------------------------------------------------------
Section 1. The following are prohibited, except to the
extent provided in regulations, orders, directives, or licenses
that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted
prior to the effective date of this order: \2\
---------------------------------------------------------------------------
\2\ Executive Order 13059 (August 19, 1997; 62 F.R. 44531)
consolidated provisions of Executive Orders 12613, 12957, and 12959,
and revoked Executive Order 12613 and subsecs. (a), (b), (c), (d), and
(f) of sec. 1 of this order, with respect to transactions occurring
after the effective date of Executive Order 13059 (effective August 20,
1997). Subsecs. (a), (b), (c), (d), and (f) formerly read as follows:
``(a) the importation into the United States, or the financing of
such importation, of any goods or services of Iranian origin, other
than Iranian-origin publications and materials imported for news
publications or news broadcast dissemination;
``(b) except to the extent provided in section 203(b) of IEEPA (50
U.S.C. 1702(b)), the exportation from the United States to Iran, the
Government of Iran, or to any entity owned or controlled by the
Government of Iran, or the financing of such exportation, of any goods,
technology (including technical data or other information subject to
the Export Administration Regulations, 15 CFR Parts 768-799 (1994) (the
`EAR')), or services;
``(c) the reexportation to Iran, the Government of Iran, or to any
entity owned or controlled by the Government of Iran, of any goods or
technology (including technical data or other information) exported
from the United States, the exportation of which to Iran is subject to
export license application requirements under any United States
regulations in effect immediately prior to the issuance of this order,
unless, for goods, they have been (i) substantially transformed outside
the United States, or (ii) incorporated into another product outside
the United States and constitute less than 10 percent by value of that
product exported from a third country;
``(d) except to the extent provided in section 203(b) of IEEPA (50
U.S.C. 1702(b)), any transaction, including purchase, sale,
transportation, swap, financing, or brokering transactions, by a United
States person relating to goods or services of Iranian origin or owned
or controlled by the Government of Iran;
---------------------------------------------------------------------------
* * * * * * *
---------------------------------------------------------------------------
``(f) the approval or facilitation by a United States person of the
entry into or performance by an entity owned or controlled by a United
States person of a transaction or contract (i) prohibited as to United
States persons by subsection (c), (d), or (e) above, or (ii) relating
to the financing of activities prohibited as to United States persons
by those subsections, or of a guaranty of another person's performance
of such transaction or contract; and''.
---------------------------------------------------------------------------
(a)-(d) \2\ * * * [Revoked--1997]
(e) any new investment by a United States person in Iran or
in property (including entities) owned or controlled by the
Government of Iran;
(f) \2\ * * * [Revoked--1997]
(g) any transaction by any United States person or within
the United States that evades or avoids, or has the purpose of
evading or avoiding, or attempts to violate, any of the
prohibitions set forth in this order.
Sec. 2. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, or other organization;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States (including foreign
branches), or any person in the United States;
(d) the term ``Iran'' means the territory of Iran and any
other territory or marine area, including the exclusive
economic zone and continental shelf, over which the Government
of Iran claims sovereignty, sovereign rights orjurisdiction,
provided that the Government of Iran exercises partial or total
de facto control over the area or derives a benefit from
economic activity in the area pursuant to international
arrangements; and
(e) the term ``new investment'' means (i) a commitment or
contribution of funds or other assets, or (ii) a loan or other
extension of credit.
Sec. 3. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
the requirement of reports, including reports by United States
persons on oil transactions engaged in by their foreign
affiliates with Iran or the Government of Iran, and to employ
all powers granted to the President by IEEPA and ISDCA as may
be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government.
All agencies of the United States Government are hereby
directed to take all appropriate measures within their
authority to carry out the provisions of this order.
Sec. 4. The Secretary of the Treasury may not authorize the
exportation or reexportation to Iran, the Government of Iran,
or an entity owned or controlled by the Government of Iran of
any goods, technology, or services subject to export license
application requirements of another agency of the United States
Government, if authorization of the exportation or
reexportation by that agency would be prohibited by law.
Sec. 5. Sections 1 and 2 of Executive Order No. 12613 of
October 29, 1987, and sections 1 and 2 of Executive Order No.
12957 of March 15, 1995, are hereby revoked to the extent
inconsistent with this order.\3\ Otherwise, the provisions of
this order supplement the provisions of Executive Orders No.
12613 and 12957.
---------------------------------------------------------------------------
\3\ Sections 1 and 2 of Executive Order No. 12613 formerly read as
follows:
``Section 1. Except as otherwise provided in regulations issued
pursuant to this Order, no good or services of Iranian origin may be
imported into the United States, including its territories and
possessions, after the effective date of this Order.
``Sec. 2. The prohibition contained in Section 1 shall not apply
to:
---------------------------------------------------------------------------
``(a) Iranian-origin publications and materials imported for news
publications or news broadcast dissemination;
``(b) petroleum products refined from Iranian crude oil in a third
country;
``(c) articles imported directly from Iran into the United States that
were exported from Iran prior to the effective date of this Order.''.
---------------------------------------------------------------------------
Sections 1 and 2 of Executive Order No. 12957 formerly read as
follows:
``Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses that may be
issued pursuant to this order, and notwithstanding any contract entered
into or any license or permit granted prior to the effective date of
this order: (a) the entry into or performance by a United States
person, or the approval by a United States person of the entry into or
performance by an entity owned or controlled by a United States person,
of (i) a contract that includes overall supervision and management
responsibility for the development of petroleum resources located in
Iran, or (ii) a guaranty of another person's performance under such a
contract;
``(b) the entry into or performance by a United States person, or
the approval by a United States person of the entry into or performance
by an entity owned or controlled by a United States person, of (i) a
contract for the financing of the development of petroleum resources
located in Iran, or (ii) a guaranty of another person's performance
under such a contract; and
``(c) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading or
avoiding, or attempts to violate, any of the prohibitions set forth in
this order.
``Sec. 2. For the purposes of this order: (a) The term `person'
means an individual or entity;
``(b) The term `entity' means a partnership, association, trust,
joint venture, corporation, or other organization;
``(c) The term `United States person' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States (including foreign branches), or any person in the
United States; and
``(d) The term `Iran' means the land territory claimed by Iran and
any other area over which Iran claims sovereignty, sovereign rights or
jurisdiction, including the territorial sea, exclusive economic zone,
and continental shelf claimed by Iran.''.
---------------------------------------------------------------------------
Sec. 6. Nothing contained in this order shall create any
right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
Sec. 7. The measures taken pursuant to this order are in
response to actions of the Government of Iran occurring after
the conclusion of the 1981 Algiers Accords, and are intended
solely as a response to those later actions.
Sec. 8. (a) This order is effective at 12:01 a.m., eastern
daylight time, on May 7, 1995, except that (i) section 1(b),
(c), and (d) of this order shall not apply until 12:01 a.m.,
eastern daylight time, on June 6, 1995, to trade transactions
under contracts in force as of the date of this order if such
transactions are authorized pursuant to Federal regulations in
force immediately prior to the date of this order (''existing
trade contracts''), and (ii) letters of credit and other
financing agreements with respect to existing trade contracts
may be performed pursuant to their terms with respect to
underlying trade transactions occurring prior to 12:01 a.m.,
eastern daylight time, on June 6, 1995.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
(6) Prohibiting Certain Transactions With Respect to Iran--
Consolidation
Executive Order 13059, August 19, 1997, 62 F.R. 44531, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (``IEEPA''), the National Emergencies Act
(50 U.S.C. 1601 et seq.), section 505 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-9) (``ISDCA''), and section 301 of title 3, United
States Code,
I, WILLIAM J. CLINTON, President of the United States of
America, in order to clarify the steps taken in Executive
Orders 12957 of March 15, 1995, and 12959 of May 6, 1995, to
deal with the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States
declared in Executive Order 12957 in response to the actions
and policies of the Government of Iran, hereby order:
Section 1.\1\ Except to the extent provided in section 3 of
this order or in regulations, orders, directives, or licenses
issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the
effective date of this order, the importation into the United
States of any goods or services of Iranian origin or owned or
controlled by the Government of Iran, other than information or
informational materials within the meaning of section 203(b)(3)
of IEEPA (50 U.S.C. 1702(b)(3)), is hereby prohibited.
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\1\ Executive Order 13059 amended and consolidated certain
provisions of Executive Orders 12613, 12957, and 12959, and revoked
Executive Order 12613. These orders, as amended, are found in this
volume, beginning on page 1606. See page 1603 for reference to
Presidential notices continuing the emergency with respect to Iran.
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Sec. 2. Except to the extent provided in section 3 of this
order, in section 203(b) of IEEPA (50 U.S.C. 1702(b)), or in
regulations, orders, directives, or licenses issued pursuant to
this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of
this order, the following are prohibited:
(a) the exportation, reexportation, sale, or supply,
directly or indirectly, from the United States, or by a United
States person, wherever located, of any goods, technology, or
services to Iran or the Government of Iran, including the
exportation, reexportation, sale, or supply of any goods,
technology, or services to a person in a third country
undertaken with knowledge or reason to know that:
(i) such goods, technology, or services are intended
specifically for supply, transshipment, or
reexportation, directly or indirectly, to Iran or the
Government of Iran; or
(ii) such goods, technology, or services are intended
specifically for use in the production of, for
commingling with, or for incorporation into goods,
technology, or services to be directly or indirectly
supplied, transshipped, or reexported exclusively or
predominantly to Iran or the Government of Iran;
(b) the reexportation from a third country, directly or
indirectly, by a person other than a United States person of
any goods, technology, or services that have been exported from
the United States, if:
(i) undertaken with knowledge or reason to know that
the reexportation is intended specifically for Iran or
the Government of Iran, and
(ii) the exportation of such goods, technology, or
services to Iran from the United States was subject to
export license application requirements under any
United States regulations in effect on May 6, 1995, or
thereafter is made subject to such requirements imposed
independently of the actions taken pursuant to the
national emergency declared in Executive Order 12957;
provided, however, that this prohibition shall not
apply to those goods or that technology subject to
export license application requirements if such goods
or technology have been:
(A) substantially transformed into a foreign-
made product outside the United States; or
(B) incorporated into a foreign-made product
outside the United States if the aggregate
value of such controlled United States goods
and technology constitutes less than 10 percent
of the total value of the foreign-made product
to be exported from a third country;
(c) any new investment by a United States person in Iran or
in property, including entities, owned or controlled by the
Government of Iran;
(d) any transaction or dealing by a United States person,
wherever located, including purchasing, selling, transporting,
swapping, brokering, approving, financing, facilitating, or
guaranteeing, in or related to:
(i) goods or services of Iranian origin or owned or
controlled by the Government of Iran; or
(ii) goods, technology, or services for exportation,
reexportation, sale, or supply, directly or indirectly,
to Iran or the Government of Iran;
(e) any approval, financing, facilitation, or guarantee by
a United States person, wherever located, of a transaction by a
foreign person where the transaction by that foreign person
would be prohibited by this order if performed by a United
States person or within the United States; and
(f) any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of
evading or avoiding, or attempts to violate, any of the
prohibitions set forth in this order.
Sec. 3. Specific licenses issued pursuant to Executive
Orders 12613 (of October 29, 1987), 12957, or 12959 continue in
effect in accordance with their terms except to the extent
revoked, amended, or modified by the Secretary of the Treasury.
General licenses, regulations, orders, and directives issued
pursuant to those orders continue in effect in accordance with
their terms except to the extent inconsistent with this order
or to the extent revoked, amended, or modified by the Secretary
of the Treasury.
Sec. 4. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, or other organization;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States (including foreign
branches), or any person in the United States;
(d) the term ``Iran'' means the territory of Iran and any
other territory or marine area, including the exclusive
economic zone and continental shelf, over which the Government
of Iran claims sovereignty, sovereign rights, or jurisdiction,
provided that the Government of Iran exercises partial or total
de facto control over the area or derives a benefit from
economic activity in the area pursuant to international
arrangements;
(e) the term ``Government of Iran'' includes the Government
of Iran, any political subdivision, agency, or instrumentality
thereof, and any person owned or controlled by, or acting for
or on behalf of, the Government of Iran;
(f) the term ``new investment'' means:
(i) a commitment or contribution of funds or other
assets; or
(ii) a loan or other extension of credit, made after
the effective date of Executive Order 12957 as to
transactions prohibited by that order, or otherwise
made after the effective date of Executive Order 12959.
Sec. 5. The Secretary of the Treasury, in consultation with
the Secretary of State and, as appropriate, other agencies, is
hereby authorized to take such actions, including the
promulgation of rules and regulations, the requirement of
reports, including reports by United States persons on oil and
related transactions engaged in by their foreign affiliates
with Iran or the Government of Iran, and to employ all powers
granted to me by IEEPA and the ISDCA as may be necessary to
carry out the purposes of this order. The Secretary of the
Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All
agencies of the United States Government are hereby directed to
take all appropriate measures within their authority to carry
out the provisions of this order.
Sec. 6. (a) The Secretary of the Treasury may authorize the
exportation or reexportation to Iran or the Government of Iran
of any goods, technology, or services also subject to export
license application requirements of another agency of the
United States Government only if authorization by that agency
of the exportation or reexportation to Iran would be permitted
by law.
(b) Nothing contained in this order shall be construed to
supersede the requirements established under any other
provision of law or to relieve a person from any requirement to
obtain a license or other authorization from another department
or agency of the United States Government in compliance with
applicable laws and regulations subject to the jurisdiction of
that department or agency.
Sec. 7. The provisions of this order consolidate the
provisions of Executive Orders 12613, 12957, and 12959.
Executive Order 12613 and subsections (a), (b), (c), (d), and
(f) of section 1 of Executive Order 12959 are hereby revoked
with respect to transactions occurring after the effective date
of this order. The revocation of those provisions shall not
alter their applicability to any transaction or violation
occurring before the effective date of this order, nor shall it
affect the applicability of any rule, regulation, order,
license, or other form of administrative action previously
taken pursuant to Executive Orders 12613 or 12959.
Sec. 8. Nothing contained in this order shall create any
right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
Sec. 9. The measures taken pursuant to this order are in
response to actions of the Government of Iran occurring after
the conclusion of the 1981 Algiers Accords, and are intended
solely as a response to those later actions.
Sec. 10. (a) This order is effective at 12:01 a.m. eastern
daylight time on August 20, 1997.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
l. Economic Relations With Syria
(1) Syria Accountability and Lebanese Sovereignty Restoration Act of
2003
Public Law 108-175 [H.R. 1828], 117 Stat. 2482, approved December 12,
2003
AN ACT To halt Syrian support for terrorism, end its occupation of
Lebanon, and stop its development of weapons of mass destruction, and
by so doing hold Syria accountable for the serious international
security problems it has caused in the Middle East, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Syria Accountability and
Lebanese Sovereignty Restoration Act of 2003''.
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\1\ 22 U.S.C. 2151 note.
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SEC. 2.\1\ FINDINGS.
Congress makes the following findings:
(1) On June 24, 2002, President Bush stated ``Syria
must choose the right side in the war on terror by
closing terrorist camps and expelling terrorist
organizations''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain
from providing any form of support, active or passive,
to entities or persons involved in terrorist acts'',
take ``the necessary steps to prevent the commission of
terrorist acts'', and ``deny safe haven to those who
finance, plan, support, or commit terrorist acts''.
(3) The Government of Syria is currently prohibited
by United States law from receiving United States
assistance because it has repeatedly provided support
for acts of international terrorism, as determined by
the Secretary of State for purposes of section 6(j)(1)
of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)) and other relevant provisions of law.
(4) Although the Department of State lists Syria as a
state sponsor of terrorism and reports that Syria
provides ``safe haven and support to several terrorist
groups'', fewer United States sanctions apply with
respect to Syria than with respect to any other country
that is listed as a state sponsor of terrorism.
(5) Terrorist groups, including Hizballah, Hamas,
Palestinian Islamic Jihad, the Popular Front for the
Liberation ofPalestine, and the Popular Front for the
Liberation of Palestine-General Command, maintain
offices, training camps, and other facilities on Syrian
territory, and operate in areas of Lebanon occupied by
the Syrian armed forces and receive supplies from Iran
through Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the
Lebanese Army throughout Lebanon''.
(7) Approximately 20,000 Syrian troops and security
personnel occupy much of the sovereign territory of
Lebanon exerting undue influence upon its government
and undermining its political independence.
(8) Since 1990 the Senate and House of
Representatives have passed seven bills and resolutions
which call for the withdrawal of Syrian armed forces
from Lebanon.
(9) On March 3, 2003, Secretary of State Colin Powell
declared that it is the objective of the United States
to ``let Lebanon be ruled by the Lebanese people
without the presence of [the Syrian] occupation army''.
(10) Large and increasing numbers of the Lebanese
people from across the political spectrum in Lebanon
have mounted peaceful and democratic calls for the
withdrawal of the Syrian Army from Lebanese soil.
(11) Israel has withdrawn all of its armed forces
from Lebanon in accordance with United Nations Security
Council Resolution 425 (March 19, 1978), as certified
by the United Nations Secretary General.
(12) Even in the face of this United Nations
certification that acknowledged Israel's full
compliance with Security Council Resolution 425,
Syrian- and Iranian-supported Hizballah continues to
attack Israeli outposts at Shebaa Farms, under the
pretense that Shebaa Farms is territory from which
Israel was required to withdraw by Security Counsel
Resolution 425, and Syrian- and Iranian-supported
Hizballah and other militant organizations continue to
attack civilian targets inIsrael.
(13) Syria will not allow Lebanon-a sovereign
country-to fulfill its obligation in accordance with
Security Council Resolution 425 to deploy its troops to
southern Lebanon.
(14) As a result, the Israeli-Lebanese border and
much of southern Lebanon is under the control of
Hizballah, which continues to attack Israeli positions,
allows Iranian Revolutionary Guards and other militant
groups to operate freely in the area, and maintains
thousands of rockets along Israel's northern border,
destabilizing the entire region.
(15) On February 12, 2003, Director of Central
Intelligence George Tenet stated the following with
respect to the Syrian-and Iranian-supported Hizballah:
``[A]s an organization with capability and worldwide
presence [it] is [al Qaeda's] equal if not a far more
capable organization * * * [T]hey're a notch above in
many respects, in terms of in their relationship with
the Iranians and the training they receive, [which]
puts them in a state-sponsored category with a
potential for lethality that's quite great.''.
(16) In the State of the Union address on January 29,
2002, President Bush declared that the United States
will ``work closely with our coalition to deny
terrorists and their state sponsors the materials,
technology, and expertise to make and deliver weapons
of mass destruction''.
(17) The Government of Syria continues to develop and
deploy short- and medium-range ballistic missiles.
(18) According to the December 2001 unclassified
Central Intelligence Agency report entitled ``Foreign
Missile Developments and the Ballistic Missile Threat
through 2015'', ``Syria maintains a ballistic missile
and rocket force of hundreds of FROG rockets, Scuds,
and SS-21 SRBMs [and] Syria has developed [chemical
weapons] warheads for its Scuds''.
(19) The Government of Syria is pursuing the
development and production of biological and chemical
weapons and hasa nuclear research and development
program that is cause for concern.
(20) According to the Central Intelligence Agency's
``Unclassified Report to Congress on the Acquisition of
Technology Relating to Weapons of Mass Destruction and
Advanced Conventional Munitions'', released January 7,
2003: ``[Syria] already holds a stockpile of the nerve
agent sarin but apparently is trying to develop more
toxic and persistent nerve agents. Syria remains
dependent on foreign sources for key elements of its
[chemical weapons] program, including precursor
chemicals and key production equipment. It is highly
probable that Syria also is developing an offensive
[biological weapons] capability.''.
(21) On May 6, 2002, the Under Secretary of State for
Arms Control and International Security, John Bolton,
stated: ``The United States also knows that Syria has
long had a chemical warfare program. It has a stockpile
of the nerve agent sarin and is engaged in research and
development of the more toxic and persistent nerve
agent VX. Syria, which has signed but not ratified the
[Biological Weapons Convention], is pursuing the
development of biological weapons and is able to
produce at least small amounts of biological warfare
agents.''.
(22) According to the Central Intelligence Agency's
``Unclassified Report to Congress on the Acquisition of
Technology Relating to Weapons of Mass Destruction and
Advanced Conventional Munitions'', released January 7,
2003: ``Russia and Syria have approved a draft
cooperative program on cooperation on civil nuclear
power. In principal, broader access to Russian
expertise provides opportunities for Syria to expand
its indigenous capabilities, should it decide to pursue
nuclear weapons.''.
(23) Under the Treaty on the Non-Proliferation of
Nuclear Weapons (21 UST 483), which entered force on
March 5, 1970, and to which Syria is a party, Syria has
undertaken not to acquire or produce nuclear weapons
and has accepted full scope safeguards of the
International Atomic Energy Agency to detect diversions
of nuclear materials from peaceful activities to the
production of nuclear weapons or other nuclear
explosive devices.
(24) Syria is not a party to the Chemical Weapons
Convention or the Biological Weapons Convention, which
entered into force on April 29, 1997, and on March 26,
1975, respectively.
(25) Syrian President Bashar Assad promised Secretary
of State Powell in February 2001 to end violations of
SecurityCouncil Resolution 661, which restricted the
sale of oil and other commodities by Saddam Hussein's
regime, except to the extent authorized by other
relevant resolutions, but this pledge was never
fulfilled.
(26) Syria's illegal imports and transshipments of
Iraqi oil during Saddam Hussein's regime earned Syria
$50,000,000or more per month as Syria continued to sell
its own Syrian oil at market prices.
(27) Syria's illegal imports and transshipments of
Iraqi oil earned Saddam Hussein's regime $2,000,000 per
day.
(28) On March 28, 2003, Secretary of Defense Donald
Rumsfeld warned: ``[W]e have information that shipments
of military supplies have been crossing the border from
Syria into Iraq, including night-vision goggles * * *
These deliveries pose a direct threat to the lives of
coalition forces. We consider such trafficking as
hostile acts, and will hold the Syrian government
accountable for such shipments.''.
(29) According to Article 23(1) of the United Nations
Charter, members of the United Nations are elected as
non-permanent members of the United Nations Security
Council with ``due regard being specially paid, in the
first instance to the contribution of members of the
United Nations to the maintenance of international
peace and security and to other purposes of the
Organization''.
(30) Despite Article 23(1) of the United Nations
Charter, Syria was elected on October 8, 2001, to a 2-
year term as a nonpermanent member of the United
Nations Security Council beginning January 1, 2002, and
served as President of the Security Council during June
2002 and August 2003.
(31) On March 31, 2003, the Syrian Foreign Minister,
Farouq al-Sharra, made the Syrian regime's intentions
clear when he explicitly stated that ``Syria's interest
is to see the invaders defeated in Iraq''.
(32) On April 13, 2003, Secretary of Defense Donald
Rumsfeld charged that ``busloads'' of Syrian fighters
entered Iraq with ``hundreds of thousands of dollars''
and leaflets offering rewards for dead American
soldiers.
(33) On September 16, 2003, the Under Secretary of
State for Arms Control and International Security, John
Bolton, appeared before the Subcommittee on the Middle
East and Central Asia of the Committee on International
Relations of the House of Representatives, and
underscored Syria's ``hostile actions'' toward
coalition forces during Operation Iraqi Freedom. Under
Secretary Bolton added that: ``Syria allowed military
equipment to flow into Iraq on the eve of and during
the war. Syria permitted volunteers to pass into Iraq
to attack and kill our service members during the war,
and is still doing so * * * [Syria's] behavior during
Operation Iraqi Freedom underscores the importance of
taking seriously reports and information on Syria's WMD
capabilities.''.
(34) During his appearance before the Committee on
International Relations of the House of Representatives
on September 25, 2003, Ambassador L. Paul Bremer, III,
Administrator of the Coalition Provisional Authority in
Iraq, stated that out of the 278 third-country
nationals who were captured by coalition forces in
Iraq, the ``single largest group are Syrians''.
SEC. 3.\1\ SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently
and openly declare its total renunciation of all forms
of terrorism, and close all terrorist offices and
facilities in Syria, including the offices of Hamas,
Hizballah, Palestinian Islamic Jihad, the Popular Front
for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine-General Command;
(2) the Government of Syria should--
(A) immediately and unconditionally stop
facilitating transit from Syria to Iraq of
individuals, military equipment, and all lethal
items, except as authorized by the Coalition
Provisional Authority or a representative,
internationally recognized Iraqi government;
(B) cease its support for ``volunteers'' and
terrorists who are traveling from and through
Syria into Iraq to launch attacks; and
(C) undertake concrete, verifiable steps to
deter such behavior and control the use of
territory under Syrian control;
(3) the Government of Syria should immediately
declare its commitment to completely withdraw its armed
forces, including military, paramilitary, and security
forces, from Lb-anon, and set a firm timetable for such
withdrawal;
(4) the Government of Lebanon should deploy the
Lebanese armed forces to all areas of Lebanon,
including South Lebanon, in accordance with United
Nations Security Council Resolution 520 (September 17,
1982), in order to assert the sovereignty of the
Lebanese state over all of its territory, and should
evict all terrorist and foreign forces from southern
Lebanon, including Hizballah and the Iranian
Revolutionary Guards;
(5) the Government of Syria should halt the
development and deployment of medium- and long-range
surface-to-surface missiles and cease the development
and production of biological and chemical weapons;
(6) the Governments of Lebanon and Syria should enter
into serious unconditional bilateral negotiations with
the Government of Israel in order to realize a full and
permanent peace;
(7) the United States should continue to provide
humanitarian and educational assistance to the people
of Lebanon only through appropriate private,
nongovernmental organizations and appropriate
international organizations, until such time as the
Government of Lebanon asserts sovereignty and control
over all of its territory and borders and achieves full
political independence, as called for in United Nations
Security Council Resolution 520; and
(8) as a violator of several key United Nations
Security Council resolutions and as a nation that
pursues policies which undermine international peace
and security, Syria should not have been permitted to
join the United Nations Security Council or serve as
the Security Council's President, and should be removed
from the Security Council.
SEC. 4.\1\ STATEMENT OF POLICY.
It is the policy of the United States that--
(1) Syria should bear responsibility for attacks
committed by Hizballah and other terrorist groups with
offices, training camps, or other facilities in Syria,
or bases in areas of Lebanon occupied by Syria;
(2) the United States will work to deny Syria the
ability to support acts of international terrorism and
efforts to develop or acquire weapons of mass
destruction;
(3) the Secretary of State will continue to list
Syria as a state sponsor of terrorism until Syria ends
its support for terrorism, including its support of
Hizballah and other terrorist groups in Lebanon and its
hosting of terrorist groups in Damascus, and comes into
full compliance with United States law relating to
terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(4) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in
the national security interest of the United States;
(5) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its
encroachment upon Lebanon's political independence;
(6) Syria's obligation to withdraw from Lebanon is
not conditioned upon progress in the Israeli-Syrian or
Israeli-Lebanese peace process but derives from Syria's
obligation under Security Council Resolution 520;
(7) Syria's acquisition of weapons of mass
destruction and ballistic missile programs threaten the
security of the Middle East and the national security
interests of the United States;
(8) Syria will be held accountable for any harm to
Coalition armed forces or to any United States citizen
in Iraq if the government of Syria is found to be
responsible due to its facilitation of terrorist
activities and its shipments of military supplies to
Iraq; and
(9) the United States will not provide any assistance
to Syria and will oppose multilateral assistance for
Syria until Syria ends all support for terrorism,
withdraws its armed forces from Lebanon, and halts the
development and deployment of weapons of mass
destruction and medium- and long-range surface-to-
surface ballistic missiles.
SEC. 5.\1\ PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination
that Syria meets all the requirements described in paragraphs
(1) through (4) of subsection (d) and certifies such
determination to Congress in accordance with such subsection--
(1) the President shall prohibit the export to Syria
of any item, including the issuance of a license for
the export of any item, on the United States Munitions
List or Commerce Control List of dual-use items in the
Export Administration Regulations (15 CFR part 730 et
seq.); and
(2) the President shall impose two or more of the
following sanctions:
(A) Prohibit the export of products of the
United States (other than food and medicine) to
Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington,
D.C., and at the United Nations in New York
City, to travel only within a 25-mile radius of
Washington, D.C., or the United Nations
headquarters building, respectively.
(D) Prohibit aircraft of any air carrier
owned or controlled by Syria to take off from,
land in, or overfly the United States.
(E) Reduce United States diplomatic contacts
with Syria (other than those contacts required
to protect United States interests or carry out
the purposes of this Act).
(F) Block transactions in any property in
which the Government of Syria has any interest,
by any person, or with respect to any property,
subject to the jurisdiction of the United
States.
(b) Waiver.--The President may waive the application of
sub-section (a)(1), (a)(2), or both if the President determines
that it is in the national security interest of the United
States to do so and submits to the appropriate congressional
committees a report containing the reasons for the
determination.
(c) Authority to Provide Assistance to Syria.--If the
President--
(1) makes the determination that Syria meets the
requirements described in paragraphs (1) through (4) of
subsection (d) and certifies such determination to
Congress in accordance with such subsection;
(2) determines that substantial progress has been
made both in negotiations aimed at achieving a peace
agreement between Israel and Syria and in negotiations
aimed at achieving a peace agreement between Israel and
Lebanon; and
(3) determines that the Government of Syria is
strictly respecting the sovereignty, territorial
integrity, unity, and political independence of Lebanon
under the sole and exclusive authority of the
Government of Lebanon through the Lebanese army
throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982),
then the President is authorized to provide assistance
to Syria under chapter 1 of part I of the Foreign
Assistance Act of 1961 (relating to development
assistance).
(d) Certification.--A certification under this subsection
is a certification transmitted to the appropriate congressional
committees of a determination made by the President that--
(1) the Government of Syria has ceased providing
support for international terrorist groups and does not
allow terrorist groups, such as Hamas, Hizballah,
Palestinian Islamic Jihad, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine-General Command to maintain
facilities in territory under Syrian control;
(2) the Government of Syria ended its occupation of
Lebanon described in section 2(7) of this Act;
(3) the Government of Syria has ceased the
development and deployment of medium- and long-range
surface-to-surface ballistic missiles, is not pursuing
or engaged in the research, development, acquisition,
production, transfer, or deployment of biological,
chemical, or nuclear weapons, has provided credible
assurances that such behavior will not be undertaken in
the future, and has agreed to allow United Nations and
other international observers to verify such actions
and assurances; and
(4) the Government of Syria has ceased all support
for, and facilitation of, all terrorist activities
inside of Iraq, including preventing the use of
territory under its control by any means whatsoever to
support those engaged in terrorist activities inside of
Iraq.
SEC. 6.\1\ REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section
5(d) are satisfied, the Secretary of State shall submit to the
appropriate congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section
5(d);
(2) connections, if any, between individual
terrorists and terrorist groups which maintain offices,
training camps, or other facilities on Syrian
territory, or operate in areas of Lebanon occupied by
the Syrian armed forces, and terrorist attacks on the
United States or its citizens, installations, or
allies; and
(3) how the United States is increasing its efforts
against Hizballah and other terrorist organizations
supported by Syria.
(b) Form.--The report submitted under subsection (a) shall
be in unclassified form but may include a classified annex.
SEC. 7.\1\ DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional
committees'' means the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate.
(2) Blocking Property of Certain Persons and Prohibiting the Export of
Certain Goods to Syria
Executive Order 13338, May 11, 2004, 69 F.R. 26751, 50 U.S.C. 1701 note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), the Syria Accountability and
Lebanese Sovereignty Restoration Act of 2003, Public Law 108-
175 (SAA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, hereby determine that the actions of the Government of
Syria in supporting terrorism, continuing its occupation of
Lebanon, pursuing weapons of mass destruction and missile
programs, and undermining United States and international
efforts with respect to the stabilization and reconstruction of
Iraq constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States and hereby declare a national emergency to deal with
that threat.\1\ To address that threat, and to implement the
SAA, I hereby order the following:
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\1\ In a notice of May 5, 2005 (70 F.R. 24697), the President
stated that this national emergency must continue in effect for 1 year.
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Section 1. (a) The Secretary of State shall not permit the
exportation or reexportation to Syria of any item on the United
States Munitions List (22 C.F.R. part 121).
(b) Except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to the
provisions of this order in a manner consistent with the SAA,
and notwithstanding any license, permit, or authorization
granted prior to the effective date of this order, (i) the
Secretary of Commerce shall not permit the exportation or
reexportation to Syria of any item on the Commerce Control List
(15 C.F.R. part 774); and (ii) with the exception of food and
medicine, the Secretary of Commerce shall not permit the
exportation or reexportation to Syria of any product of the
United States not included in section 1(b)(i) of this order.
(c) No other agency of the United States Government shall
permit the exportation or reexportation to Syria of any product
of the United States, except to the extent provided in
regulations, orders, directives, or licenses that may be issued
pursuant to this order in a manner consistent with the SAA, and
notwithstanding any license, permit, or authorization granted
prior to the effective date of this order.
Sec. 2. The Secretary of Transportation shall not permit
any air carrier owned or controlled by Syria to provide foreign
air transportation as defined in 49 U.S.C. 40102(a)(23), except
that he may, to the extent consistent with Department of
Transportation regulations, permit such carriers to charter
aircraft to the Government of Syria for the transport of Syrian
government officials to and from the United States on official
Syrian government business. In addition, the Secretary of
Transportation shall prohibit all takeoffs and landings in the
United States, other than those associated with an emergency,
by any such air carrier when engaged in scheduled international
air services.
Sec. 3. (a) Except to the extent provided in section
203(b)(1), (3), and (4) of the IEEPA (50 U.S.C. 1702(b) (1),
(3), and (4)), and the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX, Public Law 106-387) (TSRA),
or regulations, orders, directives, or licenses that may be
issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the
effective date of this order, all property and interests in
property of the following persons, that are in the United
States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of
United States persons, including their overseas branches, are
blocked and may not be transferred, paid, exported, withdrawn,
or otherwise dealt in: persons who are determined by the
Secretary of the Treasury, in consultation with the Secretary
of State,
(i) to be or to have been directing or otherwise
significantly contributing to the Government of Syria's
provision of safe haven to or other support for any
person whose property or interests in property are
blocked under United States law for terrorism-related
reasons, including, but not limited to, Hamas,
Hizballah, Palestinian Islamic Jihad, the Popular Front
for the Liberation of Palestine, the Popular Front for
the Liberation of Palestine-General Command, and any
persons designated pursuant to Executive Order 13224 of
September 23, 2001;
(ii) to be or to have been directing or otherwise
significantly contributing to the Government of Syria's
military or security presence in Lebanon;
(iii) to be or to have been directing or otherwise
significantly contributing to the Government of Syria's
pursuit of the development and production of chemical,
biological, or nuclear weapons and medium- and long-
range surface-to-surface missiles;
(iv) to be or to have been directing or otherwise
significantly contributing to any steps taken by the
Government of Syria to undermine United States and
international efforts with respect to the stabilization
and reconstruction of Iraq; or
(v) to be owned or controlled by, or acting or
purporting to act for or on behalf of, directly or
indirectly, any person whose property or interests in
property are blocked pursuant to this order.
(b) The prohibitions in paragraph (a) of this section
include, but are not limited to, (i) the making of any
contribution of funds, goods, or services by, to, or for the
benefit of any person whose property or interests in property
are blocked pursuant to this order; and (ii) the receipt of any
contribution or provision of funds, goods, or services from any
such person.
Sec. 4. (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate the prohibitions set
forth in this order is prohibited.
Sec. 5. I hereby determine that the making of donations of
the type of articles specified in section 203(b)(2) of the
IEEPA (50 U.S.C. 1702(b)(2)) would seriously impair the ability
to deal with the national emergency declared in this order, and
hereby prohibit, (i) the exportation or reexportation of such
donated articles to Syria as provided in section 1(b) of this
order; and (ii) the making of such donations by, to, or for the
benefit of any person whose property and interests in property
are blocked pursuant to section 3 of this order.
Sec. 6. For purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States;
(d) the term ``Government of Syria'' means the
Government of the Syrian Arab Republic, its agencies,
instrumentalities, and controlled entities; and
(e) the term ``product of the United States'' means:
for the purposes of subsection 1(b), any item subject
to the Export Administration Regulations (15 C.F.R.
parts 730-774); and for the purposes of subsection
1(c), any item subject to the export licensing
jurisdiction of any other United States Government
agency.
Sec. 7. With respect to the prohibitions contained in
section 1 of this order, consistent with subsection 5(b) of the
SAA, I hereby determine that it is in the national security
interest of the United States to waive, and hereby waive
application of subsection 5(a)(1) and subsection 5(a)(2)(A) of
the SAA so as to permit the exportation or reexportation of
certain items as specified in the Department of Commerce's
General Order No. 2 to Supplement No. 1, 15 C.F.R. part 736, as
issued consistent with this order and as may be amended
pursuant to the provisions of this order and in a manner
consistent with the SAA. This waiver is made pursuant to the
SAA only to the extent that regulation of such exports or
reexports would not otherwise fall within my constitutional
authority to conduct the Nation's foreign affairs and protect
national security.
Sec. 8. With respect to the prohibitions contained in
section 2 of this order, consistent with subsection 5(b) of the
SAA, I hereby determine that it is in the national security
interest of the United States to waive, and hereby waive,
application of subsection 5(a)(2)(D) of the SAA insofar as it
pertains to: aircraft of any air carrier owned or controlled by
Syria chartered by the Syrian government for the transport of
Syrian government officials to and from the United States on
official Syrian government business, to the extent consistent
with Department of Transportation regulations; takeoffs or
landings for non-traffic stops of aircraft of any such air
carrier that is not engaged in scheduled international air
services; takeoffs and landings associated with an emergency;
and overflights of United States territory.
Sec. 9. I hereby direct the Secretary of State to take such
actions, including the promulgation of rules and regulations,
as may be necessary to carry out subsection 1(a) of this order.
I hereby direct the Secretary of Commerce, in consultation with
the Secretary of State, to take such actions, including the
promulgation of rules and regulations, as may be necessary to
carry out subsection 1(b) of this order. I direct the Secretary
of Transportation, in consultation with the Secretary of State,
to take such actions, including the promulgation of rules and
regulations, as may be necessary to carry out section 2 of this
order. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to
employ all powers granted to the President by the IEEPA as may
be necessary to carry out sections 3, 4, and 5 of this order.
The Secretaries of State, Commerce, Transportation, and the
Treasury may redelegate any of these functions to other
officers and agencies of the United States Government
consistent with applicable law. The Secretary of State, in
consultation with the Secretaries of Commerce, Transportation,
and the Treasury, as appropriate, is authorized to exercise the
functions and authorities conferred upon the President in
subsection 5(b) of the SAA and to redelegate these functions
and authorities consistent with applicable law. All agencies of
the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order and, where appropriate, to advise the
Secretaries of State, Commerce, Transportation, and the
Treasury in a timely manner of the measures taken.
Sec. 10. This order is not intended to create, and does not
create, any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, instrumentalities, or
entities, its officers or employees, or any other person.
Sec. 11. For those persons whose property or interests in
property are blocked pursuant to section 3 of this order who
might have a constitutional presence in the United States, I
find that because of the ability to transfer funds or assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to this order would render these measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
this order, there need be no prior notice of a listing or
determination made pursuant to this order.
Sec. 12. The Secretary of the Treasury, in consultation
with the Secretary of State, is authorized to submit the
recurring and final reports to the Congress on the national
emergency declared in this order, consistent with section
401(c) of the NEA, 50 U.S.C. 1641(c), and section 204(c) of the
IEEPA, 50 U.S.C. 1703(c).
Sec. 13. (a) This order is effective at 12:01 eastern
daylight time on May 12, 2004.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
m. South African Democratic Transition Support Act of 1993 \1\
Public Law 103-149 [H.R. 3225], 107 Stat. 1503, approved November 23,
1993
AN ACT To support the transition to nonracial democracy in South
Africa.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``South African Democratic
Transition Support Act of 1993''.
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\1\ 22 U.S.C. 5001 note.
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SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) After decades of apartheid, South Africa has
entered a new era which presents a historic opportunity
for a transition to a peaceful, stable, and democratic
future.
(2) The United States policy of economic sanctions
toward the apartheid government of South Africa, as
expressed in the Comprehensive Anti-Apartheid Act of
1986, helped bring about reforms in that system of
government and has facilitated the establishment of a
nonracial government.
(3) Through broad and open negotiations, the parties
in South Africa have reached a landmark agreement on
the future of their country. This agreement includes
the establishment of a Transitional Executive Council
and the setting of a date for nonracial elections.
(4) The international community has a vital interest
in supporting the transition from apartheid toward
nonracial democracy.
(5) The success of the transition in South Africa is
crucial to the stability and economic development of
the southern African region.
(6) Nelson Mandela of the African National Congress
and other representative leaders in South Africa have
declared that the time has come when the international
community should lift all economic sanctions against
South Africa.
(7) In light of recent developments, the continuation
of these economic sanctions is detrimental to persons
disadvantaged by apartheid.
(8) Those calling for the lifting of economic
sanctions against South Africa have made clear that
they do not seek the immediate termination of the
United Nations-sponsored special sanctions relating to
arms transfers, nuclear cooperation, and exports of
oil. The Ad Hoc Committee on Southern Africa of the
Organization of African Unity, for example, has urged
that the oil embargo established pursuant to a 1986
General Assembly resolution be lifted after the
establishment and commencement of the work of the
Transitional Executive Council.
SEC. 3. UNITED STATES POLICY.
It is the sense of the Congress that--
(1) the United States should--
(A) strongly support the Transitional
Executive Council in South Africa,
(B) encourage rapid progress toward the
establishment of a nonracial democratic
government in South Africa, and
(C) support a consolidation of democracy in
South Africa through democratic elections for
an interim government and a new nonracial
constitution;
(2) the United States should continue to provide
assistance to support the transition to a nonracial
democracy in South Africa, and should urge
international financial institutions and other donors
to also provide such assistance;
(3) to the maximum extent practicable, the United
States should consult closely with international
financial institutions, other donors, and South African
entities on a coordinated strategy to support the
transition to a nonracial democracy in South Africa;
(4) in order to provide ownership and managerial
opportunities, professional advancement, training, and
employment for disadvantaged South Africans and to
respond to the historical inequities created under
apartheid, the United States should--
(A) promote the expansion of private
enterprise and free markets in South Africa,
(B) encourage the South African private
sector to take a special responsibility and
interest in providing such opportunities,
advancement, training, and employment for
disadvantaged South Africans,
(C) encourage United States private sector
investment in and trade with South Africa,
(D) urge United States investors to develop a
working partnership with representative organs
of South African civil society, particularly
churches and trade unions, in promoting
responsible codes of corporate conduct and
other measures to address the historical
inequities created under apartheid;
(5) the United States should urge the Government of
South Africa to liberalize its trade and investment
policies to facilitate the expansion of the economy,
and to shift resources to meet the needs of
disadvantaged South Africans;
(6) the United States should promote cooperation
between South Africa and other countries in the region
to foster regional stability and economic growth; and
(7) the United States should demonstrate its support
for an expedited transition to, and should adopt a long
term policy beneficial to the establishment and
perpetuation of, a nonracial democracy in South Africa.
SEC. 4. REPEAL OF APARTHEID SANCTIONS LAWS AND OTHER MEASURES DIRECTED
AT SOUTH AFRICA.
(a) Comprehensive Anti-Apartheid Act.--
(1) In general.--All provisions of the Comprehensive
Anti-Apartheid Act of 1986 (22 U.S.C. 5001 and
following) are repealed as of the date of enactment of
this Act, except for the sections specified in
paragraph (2).
(2) Effective date of repeal of code of conduct
requirements.--Sections 1, 3, 203(a), 203(b), 205, 207,
208, 601, 603, and 604 of the Comprehensive Anti-
Apartheid Act of 1986 are repealed as of the date on
which the President certifies to the Congress that an
interim government, elected on a nonracial basis
through free and fair elections, has taken office in
South Africa.\2\
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\2\ The President so certified on June 8, 1994 (according to
Department of State Public Notice 2025; 59 F.R. 33909).
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(3) Conforming amendments.--(A) Section 3 of the
Comprehensive Anti-Apartheid Act of 1986 is amended by
striking paragraphs (2) through (4) and paragraphs (7)
through (9), by inserting ``and'' at the end of
paragraph (5), and by striking ``; and'' at the end of
paragraph (6) and inserting a period.
(B) The following provisions of the Foreign
Assistance Act of 1961 that were enacted by the
Comprehensive Anti-Apartheid Act of 1986 are repealed:
subsections (e)(2), (f), and (g) of section 116 (22
U.S.C. 2151n); section 117 (22 U.S.C. 2151o), relating
to assistance for disadvantaged South Africans; and
section 535 (22 U.S.C. 2346d). Section 116(e)(1) of the
Foreign Assistance Act of 1961 is amended by striking
``(1)''.
(b) Other Provisions.--The following provisions are
repealed or amended as follows:
(1) Subsections (c) and (d) of section 802 of the
International Security and Development Cooperation Act
of 1985 (99 Stat. 261) is repealed.
(2) Section 211 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (99 Stat.
432) is repealed, and section 1(b) of that Act is
amended by striking the item in the table of contents
relating to section 211.
(3) Sections 1223 and 1224 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (101
Stat. 1415) is repealed, and section 1(b) of that Act
is amended by striking the items in the table of
contents relating to sections 1223 and 1224.
(4) Section 362 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (105
Stat. 716) is repealed, and section 2 of that Act is
amended by striking the item in the table of contents
relating to section 362.
(5) Section 2(b)(9) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(9)) is repealed.
(6) Section 43 of the Bretton Woods Agreements Act
(22 U.S.C. 286aa) is amended by repealing subsection
(b) and by striking ``(a)''.
(7) Section 330 of H.R. 5205 of the 99th Congress
(Department of Transportation and Related Agencies
Appropriations Act, 1987) (22 U.S.C. 5056a) as
incorporated by reference in section 101(l) of Public
Law 99-500 and Public Law 99-591, and made effective as
if enacted into law by section 106 of Public Law 100-
202, is repealed.
(8)(A) Section 901(j)(2)(C) of the Internal Revenue
Code of 1986 (26 U.S.C. 901(j)(2)(C)) is repealed.
(B) Subparagraph (A) shall not be construed as
affecting any of the transitional rules contained in
Revenue Ruling 92-62 which apply by reason of the
termination of the period for which section 901(j) of
the Internal Revenue Code of 1986 was applicable to
South Africa.
(9) The table in section 502(b) of the Trade Act of
1974 (19 U.S.C. 2462(b)) is amended by striking
``Republic of South Africa''.
(c) Sanctions Measures Adopted by State or Local
Governments or Private Entities.--
(1) Policy regarding rescission.--The Congress urges
all State or local governments and all private entities
in the United States that have adopted any restriction
on economic interactions with South Africa, or any
policy discouraging such interaction, to rescind such
restriction or policy.
(2) Repeal of provisions relating to withholding
federal funds.--Effective October 1, 1995, the
following provisions are repealed:
(A) The undesignated paragraph entitled
``state and local anti-apartheid policies'' in
chapter IX of the Dire Emergency Supplemental
Appropriations and Transfers, Urgent
Supplementals, and Correcting Enrollment Errors
Act of 1989 (22 U.S.C. 5117).
(B) Section 210 of the Urgent Supplemental
Appropriations Act, 1986 (100 Stat. 749).
(d) Continuation of UN Special Sanctions.--It is the sense
of the Congress that the United States should continue to
respect United Nations Security Council resolutions on South
Africa, including the resolution providing for a mandatory
embargo on arms sales to South Africa and the resolutions
relating to the import of arms, restricting exports to the
South African military and police, and urging states to refrain
from nuclear cooperation that would contribute to the
manufacture and development by South Africa of nuclear weapons
or nuclear devices.
SEC. 5. UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL
DEMOCRACY.
(a) In General.--The President is authorized and encouraged
to provide assistance under chapter 10 of part I of the Foreign
Assistance Act of 1961 (relating to the Development Fund for
Africa) or chapter 4 of part II of that Act (relating to the
Economic Support Fund) to support the transition to nonracial
democracy in South Africa. Such assistance shall--
(1) focus on building the capacity of disadvantaged
South Africans to take their rightful place in the
political, social, and economic systems of their
country;
(2) give priority to working with and through South
African nongovernmental organizations whose leadership
and staff represent the majority population and which
have the support of the disadvantaged communities being
served by such organizations;
(3) in the case of education programs--
(A) be used to increase the capacity of South
African institutions to better serve the needs
of individuals disadvantaged by apartheid;
(B) emphasize education within South Africa
to the extent that assistance takes the form of
scholarships for disadvantaged South African
students; and
(C) fund nontraditional training activities;
(4) support activities to prepare South Africa for
elections, including voter and civic education
programs, political party building, and technical
electoral assistance;
(5) support activities and entities, such as the
Peace Accord structures, which are working to end the
violence in South Africa; and
(6) support activities to promote human rights,
democratization, and a civil society.
(b) Government of South Africa.--
(1) Limitation on assistance.--Except as provided in
paragraph (2), assistance provided in accordance with
this section may not be made available to the
Government of South Africa, or organizations financed
and substantially controlled by that government, unless
the President certifies to the Congress that an interim
government that was elected on a nonracial basis
through free and fair elections has taken office in
South Africa.
(2) Exceptions.--Notwithstanding paragraph (1),
assistance may be provided for--
(A) the Transitional Executive Council;
(B) South African higher education
institutions, particularly those traditionally
disadvantaged by apartheid policies; and
(C) any other organization, entity, or
activity if the President determines that the
assistance would promote the transition to
nonracial democracy in South Africa.
Any determination under subparagraph (C) should be
based on consultations with South African individuals
and organizations representative of the majority
population in South Africa (particularly consultations
through the Transitional Executive Council) and
consultations with the appropriate congressional
committees.
(c) Ineligible Organizations.--
(1) Acts of violence.--An organization that has
engaged in armed struggle or other acts of violence
shall not be eligible for assistance provided in
accordance with this section unless that organization
is committed to a suspension of violence in the context
of progress toward nonracial democracy.
(2) Views inconsistent with democracy and free
enterprise.--Assistance provided in accordance with
this section may not be made available to any
organization that has espoused views inconsistent with
democracy and free enterprise unless such organization
is engaged actively and positively in the process of
transition to a nonracial democracy and such assistance
would advance the United States objective of promoting
democracy and free enterprise in South Africa.
SEC. 6. UNITED STATES INVESTMENT AND TRADE.
(a) Tax Treaty.--The President should begin immediately to
negotiate a tax treaty with South Africa to facilitate United
States investment in that country.
(b) OPIC.--The President should immediately initiate
negotiations with the Government of South Africa for an
agreement authorizing the Overseas Private Investment
Corporation to carry out programs with respect to South Africa
in order to expand United States investment in that country.
(c) Trade and Development Agency.--In carrying out section
661 of the Foreign Assistance Act of 1961, the Director of the
Trade and Development Agency should provide additional funds
for activities related to projects in South Africa.
(d) Export-Import Bank.--The Export-Import Bank of the
United States should expand its activities in connection with
exports to South Africa.
(e) Promoting Disadvantaged Enterprises.--
(1) Investment and trade programs.--Each of the
agencies referred to in subsections (b) through (d)
should take active steps to encourage the use of its
programs to promote business enterprises in South
Africa that are majority-owned by South Africans
disadvantaged by apartheid.
(2) United states government procurement.--To the
extent not inconsistent with the obligations of the
United States under any international agreement, the
Secretary of State and the head of any other department
or agency of the United States carrying out activities
in South Africa shall, to the maximum extent
practicable, in procuring goods or services, make
affirmative efforts to assist business enterprises
having more than 50 percent beneficial ownership by
South African blacks or other nonwhite South Africans,
notwithstanding any law relating to the making or
performance of, or the expenditure of funds for, United
States Government contracts.
SEC. 7. INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS.
The Director of the United States Information Agency should
use the authorities of the United States Information and
Educational Exchange Act of 1948 to promote the development of
a nonracial democracy in South Africa.
SEC. 8. OTHER COOPERATIVE AGREEMENTS.
In addition to the actions specified in the preceding
sections of this Act, the President should seek to conclude
cooperative agreements with South Africa on a range of issues,
including cultural and scientific issues.
SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS AND OTHER DONORS.
(a) In General.--The President should encourage other
donors, particularly Japan and the European Community
countries, to expand their activities in support of the
transition to nonracial democracy in South Africa.
(b) International Financial Institutions.--The Secretary of
the Treasury should instruct the United States Executive
Director of each relevant international financial institution,
including the International Bank for Reconstruction and
Development and the International Development Association, to
urge that institution to initiate or expand its lending and
other financial assistance activities to South Africa in order
to support the transition to nonracial democracy in South
Africa.
(c) Technical Assistance.--The Secretary of the Treasury
should instruct the United States Executive Director of each
relevant international financial institution to urge that
institution to fund programs to initiate or expand technical
assistance to South Africa for the purpose of training the
people of South Africa in government management techniques.
SEC. 10. CONSULTATION WITH SOUTH AFRICANS.
In carrying out this Act, the President should consult
closely with South African individuals and organizations
representative of the majority population in South Africa
(particularly consultations through the Transitional Executive
Council) and others committed to abolishing the remnants of
apartheid.
n. Prohibiting Trade and Certain Other Transactions Involving Libya
Note.--Executive Order 13357 of September 24, 2004
(69 F.R. 56665) terminated the national emergency
declared in Executive Order 12543 of January 7, 1986
(51 F.R. 875) regarding Libya. Executive Order 13357
further revoked Executive Order 12543, as well as
Executive Order 12538 of November 15, 1985 (50 F.R.
47527) regarding imports and refined petroleum products
from Libya; Executive Order 12544 of January 8, 1986
(51 F.R. 1235) regarding blocking Libyan Government
property in the United States or held by U.S. persons;
and Executive Order 12801 of April 15, 1992 (57 F.R.
14319) regarding barring overflight, takeoff, and
landing of aircraft flying to or from Libya.
o. Policy Toward United States Business Transactions in Angola
Partial text of Public Law 99-472 [H.R. 5548], 100 Stat. 1200, approved
October 15, 1986
AN ACT To amend the Export-Import Bank Act of 1945.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export-Import Bank Act
Amendments of 1986''.
* * * * * * *
SEC. 21. POLICY TOWARD UNITED STATES BUSINESS TRANSACTIONS IN ANGOLA.
(a) The Congress finds that--
(1) the Marxist Popular Movement for the Liberation
of Angola (hereafter in this section referred to as the
``MPLA'') has failed to hold fair and free elections
since assuming power in Angola in 1975;
(2) Angola currently harbors more than 35,000 Soviet
and Cuban troops and advisers;
(3) the Cubans and Soviets have channeled more than
$4,000,000,000 in assistance and military aid in
furtherance of this intervention in Africa;
(4) the MPLA government of Angola obtains more than
90 percent of its foreign exchange from the extraction
and production of oil;
(5) most of Angola's oil is extracted in Cabinda
Province, where 75 percent of it is extracted by the
Chevron-Gulf Oil company;
(6) the MPLA has refused to take meaningful steps to
end its dependency on Soviet and Cuban forces, engage
in national reconciliation within Angola, or encourage
the independence of Namibia; and
(7) United States business interests are in direct
conflict with United States foreign policy objectives
in aiding the MPLA government of Angola, which directly
opposes Jonas Savimbi and UNITA, recipients of United
States support.
(b)(1) It is the sense of the Congress that the interests
of the United States are best served when United States
business transactions conducted in Angola do not directly or
indirectly support Cuban troops and Soviet advisers.
(2) the Congress hereby requests that the President
consider using his authorities under the Export Administration
Act of 1979 to restrict United States business transactions
that conflict with United States security interests in Angola.
* * * * * * *
Note.--Executive Order 13298 of May 6, 2003 (68 F.R.
24857) terminated the national emergency declared in
Executive Order 12865 of September 26, 1993 (58 F.R.
51005) regarding Angola and the National Union for the
Total Independence of Angola (UNITA). Executive Order
13298 further revoked Executive Order 12865, as well as
Executive Order 13069 of December 12, 1997 (62 F.R.
65989) regarding the prohibition of certain
transactions with UNITA; and Executive Order 13098 of
August 18, 1998 (63 F.R. 44771) regarding the
prohibition of certain transactions involving UNITA.
p. Authority to Deny Most-Favored-Nation Treatment to the Products of
Afghanistan
Partial text of Public Law 99-190 [Further Continuing Appropriations
Act 1986; H.J. Res. 465], 99 Stat. 1185 at 1314, approved December 19,
1985
AN ACT Making appropriations for foreign assistance and related
programs for the fiscal year ending September 30, 1986, and for other
purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
Sec. 552.\1\ (a) Notwithstanding any other provision of
law, the President is authorized--
---------------------------------------------------------------------------
\1\ 19 U.S.C. 2434 note. The President suspended the most-favored-
nation status for products of Afghanistan in Proclamation 5437 of
January 31, 1986 (51 F.R. 4287). Normal trade relations (most-favored-
nation status) was restored in Proclamation 7553 of May 3, 2002 (67
F.R. 30535).
---------------------------------------------------------------------------
(1) to deny nondiscriminatory (most-favored-nation)
trade treatment to the products of Afghanistan and
thereby cause such products to be subject to the rate
of duty set forth in column number 2 of the Tariff
Schedules of the United States, and
(2) to deny credit, credit guarantees, and investment
guarantees to, or for the benefit of, Afghanistan under
any Federal program.
(b) If the President has not denied nondiscriminatory trade
treatment to the products of Afghanistan before the date that
is 45 days after the date of enactment of this joint
resolution, the President shall submit to the Congress on such
date.
* * * * * * *
Sec. 118.\1\ (a) Notwithstanding any other provision of
law, the President is authorized--
(1) to deny nondiscriminatory (most-favored-nation)
trade treatment to the products of Afghanistan and
thereby cause such products to be subject to the rate
of duty set forth in column number 2 of the Tariff
Schedules of the United States, and
(2) to deny credit, credit guarantees, and investment
guarantees to, or for the benefit of, Afghanistan under
any Federal program.
(b) If the President has not denied nondiscriminatory trade
treatment to the products of Afghanistan before the date that
is 45 days after the date of enactment of this joint
resolution, the President shall submit to the Congress on such
date a report which states the reasons why the President has
not denied such treatment.
(c) Notwithstanding any other provision of law, if the
President takes any action under subsection (a), the President
is authorized to--
(1) restore nondiscriminatory trade treatment to the
products of Afghanistan, and
(2) extend credit, credit guarantees, and investment
guarantees to, or for the benefit of, Afghanistan under
any Federal program.
only if the President provides written notice of such
restoration or extension to the Congress at least 30 days prior
to the date on which such restoration or extension takes
effect.
(d) For purposes of this joint resolution, the term
``product of Afghanistan'' means any article which is grown,
produced, or manufactured (in whole or in part) in Afghanistan.
* * * * * * *
Note.--Executive Order 13268 of July 2, 2002 (67 F.R.
44751) terminated the national emergency declared in
Executive Order 13129 of July 4, 1999 (64 F.R. 13129)
regarding the Taliban. Executive Order 13268 further
revoked Executive Order 13129 and amended Executive
Order 13224 of September 23, 2001 (66 F.R. 49077)
regarding blocking property and prohibiting
transactions with persons who commit, threaten to
commit, or support terrorism. Executive Order 13224 can
be found in this volume, p. 1504.
q. Transactions With and Investment in Burma
(1) Burmese Freedom and Democracy Act of 2003
Public Law 108-61 [H.R. 2330], 117 Stat. 864, approved July 28, 2003
AN ACT To sanction the ruling Burmese military junta, to strengthen
Burma's democratic forces and support and recognize the National League
of Democracy as the legitimate representative of the Burmese people,
and for other purposes.
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Burmese Freedom and
Democracy Act of 2003''.
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
SEC. 2.\1\ FINDINGS.
Congress makes the following findings:
(1) The State Peace and Development Council (SPDC)
has failed to transfer power to the National League for
Democracy(NLD) whose parliamentarians won an
overwhelming victory in the 1990 elections in Burma.
(2) The SPDC has failed to enter into meaningful,
political dialogue with the NLD and ethnic minorities
and has dismissed the efforts of United Nations Special
Envoy Razali bin Ismail to further such dialogue.
(3) According to the State Department's ``Report to
the Congress Regarding Conditions in Burma and U.S.
Policy Toward Burma'' dated March 28, 2003, the SPDC
has become ``more confrontational'' in its exchanges
with the NLD.
(4) On May 30, 2003, the SPDC, threatened by
continued support for the NLD throughout Burma,
brutally attacked NLD supporters, killed and injured
scores of civilians, and arrested democracy advocate
Aung San Suu Kyi and other activists.
(5) The SPDC continues egregious human rights
violations against Burmese citizens, uses rape as a
weapon of intimidation and torture against women, and
forcibly conscripts child-soldiers for the use in
fighting indigenous ethnic groups.
(6) The SPDC is engaged in ethnic cleansing against
minorities within Burma, including the Karen, Karenni,
and Shan people, which constitutes a crime against
humanity and has directly led to more than 600,000
internally displaced people living within Burma and
more than 130,000 people from Burma living in refugee
camps along the Thai-Burma border.
(7) The ethnic cleansing campaign of the SPDC is in
sharp contrast to the traditional peaceful coexistence
in Burma of Buddhists, Muslims, Christians, and people
of traditional beliefs.
(8) The SPDC has demonstrably failed to cooperate
with the United States in stopping the flood of heroin
and methamphetamines being grown, refined,
manufactured, and transported in areas under the
control of the SPDC serving to flood the region and
much of the world with these illicit drugs.
(9) The SPDC provides safety, security, and engages
in business dealings with narcotics traffickers under
indictment by United States authorities, and other
producers and traffickers of narcotics.
(10) The International Labor Organization (ILO), for
the first time in its 82-year history, adopted in 2000,
a resolution recommending that governments, employers,
and workers organizations take appropriate measures to
ensure that their relations with the SPDC do not abet
the government-sponsored system of forced, compulsory,
or slave labor in Burma, and that other international
bodies reconsider any cooperation they may be engaged
in with Burma and, if appropriate, cease as soon as
possible any activity that could abet the practice of
forced, compulsory, or slave labor.
(11) The SPDC has integrated the Burmese military and
its surrogates into all facets of the economy
effectively destroying any free enterprise system.
(12) Investment in Burmese companies and purchases
from them serve to provide the SPDC with currency that
is used to finance its instruments of terror and
repression against the Burmese people.
(13) On April 15, 2003, the American Apparel and
Footwear Association expressed its ``strong support for
a full and immediate ban on U.S. textiles, apparel and
footwear imports from Burma'' and called upon the
United States Government to ``impose an outright ban on
U.S. imports'' of these items until Burma demonstrates
respect for basic human and labor rights of its
citizens.
(14) The policy of the United States, as articulated
by the President on April 24, 2003, is to officially
recognize the NLD as the legitimate representative of
the Burmese people as determined by the 1990 election.
(15) The United States must work closely with other
nations, including Thailand, a close ally of the United
States, to highlight attention to the SPDC's systematic
abuses of human rights in Burma, to ensure that
nongovernmental organizations promoting human rights
and political freedom in Burma are allowed to operate
freely and without harassment, and to craft a
multilateral sanctions regime against Burma in order to
pressure the SPDC to meet the conditions identified in
section 3(a)(3) of this Act.
SEC. 3.\1\ BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF
BURMA.
(a) General Ban.--
(1) In general.--Notwithstanding any other provision
of law, until such time as the President determines and
certifies to Congress that Burma has met the conditions
described in paragraph (3), beginning 30 days after the
date of the enactment of this Act, the President shall
ban the importation of any article that is a product of
Burma.
(2) Ban on imports from certain countries.--The
import restrictions contained in paragraph (1) shall
apply to, among other entities--
(A) the SPDC, any ministry of the SPDC, a
member of the SPDC or an immediate family
member of such member;
(B) known narcotics traffickers from Burma or
an immediate family member of such narcotics
trafficker;
(C) the Union of Myanmar Economics Holdings
Incorporated (UMEHI) or any company in which
the UMEHI has a fiduciary interest;
(D) the Myanmar Economic Corporation (MEC) or
any company in which the MEC has a fiduciary
interest;
(E) the Union Solidarity and Development
Association (USDA); and
(F) any successor entity for the SPDC, UMEHI,
MEC, or USDA.
(3) Conditions described.--The conditions described
in this paragraph are the following:
(A) The SPDC has made substantial and
measurable progress to end violations of
internationally recognized human rights
including rape, and the Secretary of State,
after consultation with the ILO Secretary
General and relevant nongovernmental
organizations, reports to the appropriate
congressional committees that the SPDC no
longer systematically violates workers rights,
including the use of forced and child labor,
and conscription of child-soldiers.
(B) The SPDC has made measurable and
substantial progress toward implementing a
democratic government including--
(i) releasing all political
prisoners;
(ii) allowing freedom of speech and
the press;
(iii) allowing freedom of
association;
(iv) permitting the peaceful exercise
of religion; and
(v) bringing to a conclusion an
agreement between the SPDC and the
democratic forces led by the NLD and
Burma's ethnic nationalities on the
transfer of power to a civilian
government accountable to the Burmese
people through democratic elections
under the rule of law.
(C) Pursuant to section 706(2) of the Foreign
Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228), Burma has not been
designated as a country that has failed
demonstrably to make substantial efforts to
adhere to its obligations under international
counternarcotics agreements and to take other
effective counternarcotics measures, including,
but not limited to (i) the arrest and
extradition of all individuals under indictment
in the United States for narcotics trafficking,
(ii) concrete and measurable actions to stem
the flow of illicit drug money into Burma's
banking system and economic enterprises, and
(iii) actions to stop the manufacture and
export of methamphetamines.
(4) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional
committees'' means the Committees on Foreign Relations
and Appropriations of the Senate and the Committees on
International Relations and Appropriations of the House
of Representatives.
(b) Waiver Authorities.--The President may waive the
prohibitions described in this section for any or all articles
that are a product of Burma if the President determines and
notifies the Committees on Appropriations, Finance, and Foreign
Relations of the Senate and the Committees on Appropriations,
International Relations, and Ways and Means of the House of
Representatives that to do so is in the national interest of
the United States.
SEC. 4.\1\ FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.
(a) Reporting Requirement.--Not later than 60 days after
the date of enactment of this Act, the President shall take
such action as is necessary to direct, and promulgate
regulations to the same, that any United States financial
institution holding funds belonging to the SPDC or the assets
of those individuals who hold senior positions in the SPDC or
its political arm, the Union Solidarity Development
Association, shall promptly report those funds or assets to the
Office of Foreign Assets Control.
(b) Additional Authority.--The President may take such
action as may be necessary to impose a sanctions regime to
freeze such funds or assets, subject to such terms and
conditions as the President determines to be appropriate.
(c) Delegation.--The President may delegate the duties and
authorities under this section to such Federal officers or
other officials as the President deems appropriate.
SEC. 5.\1\ LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
The Secretary of the Treasury shall instruct the United
States executive director to each appropriate international
financial institution in which the United States participates,
to oppose, and vote against the extension by such institution
of any loan or financial or technical assistance to Burma until
such time as the conditions described in section 3(a)(3) are
met.
SEC. 6.\1\ EXPANSION OF VISA BAN.
(a) In General.--
(1) Visa ban.--The President is authorized to deny
visas and entry to the former and present leadership of
the SPDC or the Union Solidarity Development
Association.
(2) Updates.--The Secretary of State shall coordinate
on a biannual basis with representatives of the
European Union to allow officials of the United States
and the European Union to ensure a high degree of
coordination of lists of individuals banned from
obtaining a visa by the European Union for the reason
described in paragraph (1) and those banned from
receiving a visa from the United States.
(b) Publication.--The Secretary of State shall post on the
Department of State's website the names of individuals whose
entry into the United States is banned under subsection (a).
SEC. 7.\1\ CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.
Congress encourages the Secretary of State to highlight the
abysmal record of the SPDC to the international community and
use all appropriate fora, including the Association of
Southeast Asian Nations Regional Forum and Asian Nations
Regional Forum, to encourage other states to restrict financial
resources to the SPDC and Burmese companies while offering
political recognition and support to Burma's democratic
movement including the National League for Democracy and
Burma's ethnic groups.
SEC. 8.\1\ SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
(a) In General.--The President is authorized to use all
available resources to assist Burmese democracy activists
dedicated to nonviolent opposition to the regime in their
efforts to promote freedom, democracy, and human rights in
Burma, including a listing of constraints on such programming.
(b) Reports.--
(1) First report.--Not later than 3 months after the
date of enactment of this Act, the Secretary of State
shall provide the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on
Appropriations and International Relations of the House
of Representatives a comprehensive report on its short-
and long-term programs and activities to support
democracy activists in Burma, including a list of
constraints on such programming.
(2) Report on resources.--Not later than 6 months
after the date of enactment of this Act, the Secretary
of State shall provide the Committees on Appropriations
and Foreign Relations of the Senate and the Committees
on Appropriations and International Relations of the
House of Representatives a report identifying resources
that will be necessary for the reconstruction of Burma,
after the SPDC is removed from power, including-
(A) the formation of democratic institutions;
(B) establishing the rule of law;
(C) establishing freedom of the press;
(D) providing for the successful
reintegration of military officers and
personnel into Burmese society; and
(E) providing health, educational, and
economic development.
(3) Report on trade sanctions.--Not later than 90
days before the date on which the import restrictions
contained in section 3(a)(1) are to expire, the
Secretary of State, in consultation with the United
States Trade Representative and the heads of
appropriate agencies, shall submit to the Committees on
Appropriations, Finance, and Foreign Relations of the
Senate, and the Committees on Appropriations,
International Relations, and Ways and Means of the
House of Representatives, a report on--
(A) bilateral and multilateral measures
undertaken by the United States Government and
other governments topromote human rights and
democracy in Burma;
(B) the extent to which actions related to
trade with Burma taken pursuant to this Act
have been effective in--
(i) improving conditions in Burma,
including human rights violations,
arrest and detention of democracy
activists, forced and child labor, and
the status of dialogue between the SPDC
and the NLD and ethnic minorities;
(ii) furthering the policy objections
of the United States toward Burma; and
(C) the impact of actions relating to trade
take pursuant to this Act on other national
security, economic, and foreign policy
interests of the United States, including
relations with countries friendly to the United
States.
SEC. 9.\1\ DURATION OF SANCTIONS.
(a) Termination by Request from Democratic Burma.--The
President may terminate any provision in this Act upon the
request of a democratically elected government in Burma,
provided that all the conditions in section 3(a)(3) have been
met.
(b) Continuation of Import Sanctions.--
(1) Expiration.--The import restrictions contained in
section 3(a)(1) shall expire 1 year from the date of
enactment of this Act unless renewed under paragraph
(2) of this section.
(2) Resolution by congress.--The import restrictions
contained in section 3(a)(1) may be renewed annually
for a 1-year period if, prior to the anniversary of the
date of enactment of this Act, and each year
thereafter, a renewal resolution is enacted into law in
accordance with subsection (c).\2\
---------------------------------------------------------------------------
\2\ Public Law 108-272 (118 Stat. 818) provided that ``Congress
approves the renewal of the import restrictions contained in section
3(a)(1) of the Burmese Freedom and Democracy Act of 2003.''.
Public Law 109-39 (119 Stat. 409) provided that ``Congress approves
the renewal of the import restrictions contained in section 3(a)(1) of
the Burmese Freedom and Democracy Act of 2003.''.
---------------------------------------------------------------------------
(3) Limitation.--The import restrictions contained in
section 3(a)(1) may be renewed for a maximum of three
years from the date of the enactment of this Act.
(c) Renewal Resolutions.--
(1) In general.--For purposes of this section, the
term ``renewal resolution'' means a joint resolution of
the 2 Houses of Congress, the sole matter after the
resolving clause of which is as follows: ``That
Congress approves the renewal of the import
restrictions contained in section 3(a)(1) of the
Burmese Freedom and Democracy Act of 2003.''.
(2) Procedures.--
(A) In general.---A renewal resolution--
(i) may be introduced in either House
of Congress by any member of such House
at any time within the 90-day period
before the expiration of the import
restrictions contained in section
3(a)(1); and
(ii) the provisions of subparagraph
(B) shall apply.
(B) Expedited consideration.--The provisions
of section 152(b), (c), (d), (e), and (f) of
the Trade Act of 1974 (19 U.S.C. 2192 (b), (c),
(d), (e), and (f)) apply to a renewal
resolution under this Act as if such resolution
were a resolution described in section 152(a)
of the Trade Act of 1974.
(2) Policy Toward Burma--Sanctions
Partial text of Public Law 104-208 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997; title I, sec.
101(c) of the Omnibus Consolidated Appropriations Act, 1997; H.R.
3610], 110 Stat. 3009, approved September 30, 1996
AN ACT Making appropriations for the foreign operations, export
financing, and related programs for the fiscal year ending September
30, 1997, and for other purposes.
TITLE I
* * * * * * *
Sec. 101. * * *
* * * * * * *
(c) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997, provided as follows, to be effective
as if it had been enacted into law as the regular
appropriations Act:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
policy toward burma
Sec. 570. (a) Until such time as the President determines
and certifies to Congress that Burma has made measurable and
substantial progress in improving human rights practices and
implementing democratic government, the following sanctions
shall be imposed on Burma:
(1) Bilateral assistance.--There shall be no United
States assistance to the Government of Burma, other
than:
(A) humanitarian assistance,
(B) subject to the regular notification
procedures of the Committees on Appropriations,
counter-narcotics assistance under chapter 8 of
part I of the Foreign Assistance Act of 1961,
or crop substitution assistance, if the
Secretary of State certifies to the appropriate
congressional committees that--
(i) the Government of Burma is fully
cooperating with United States counter-
narcotics efforts, and
(ii) the programs are fully
consistent with United States human
rights concerns in Burma and serve the
United States national interest, and
(C) assistance promoting human rights and
democratic values.
(2) Multilateral assistance.--The Secretary of the
Treasury shall instruct the United States executive
director of each international financial institution to
vote against any loan or other utilization of funds of
the respective bank to or for Burma.
(3) Visas.--Except as required by treaty obligations
or to staff the Burmese mission to the United States,
the United States should not grant entry visas to any
Burmese government official.
(b) Conditional Sanctions.--The President is hereby
authorized to prohibit, and shall prohibit United States
persons from new investment in Burma, if the President
determines and certifies to Congress that, after the date of
enactment of this Act, the Government of Burma has physically
harmed, rearrested for political acts, or exiled Daw Aung San
Suu Kyi or has committed large-scale repression of or violence
against the Democratic opposition.
(c) Multilateral Strategy.--The President shall seek to
develop, in coordination with members of ASEAN and other
countries having major trading and investment interests in
Burma, a comprehensive, multilateral strategy to bring
democracy to and improve human rights practices and the quality
of life in Burma, including the development of a dialogue
between the State Law and Order Restoration Council (SLORC) and
democratic opposition groups within Burma.
(d) \1\ Presidential Reports.--Every six months following
the enactment of this Act, the President shall report to the
Chairmen of the Committee on Foreign Relations, the Committee
on International Relations and the House and Senate
Appropriations Committees on the following:
---------------------------------------------------------------------------
\1\ The President filed a report pursuant to this section with
Presidential Determination No. 97-29 of June 13, 1997 (62 F.R. 34157);
and Presidential Determination No. 98-6 of December 2, 1997 (62 F.R.
65005). In Presidential Determination No. 98-30 of June 15, 1998, the
President authorized and directed the Secretary of State to transmit
the required report to the Congress (63 F.R. 34255). The Secretary of
State was subsequently authorized and directed to transmit the report
on the following dates: Presidential Memorandum of October 27, 1998 (63
F.R. 63123); Presidential Memorandum of October 27, 1999 (64 F.R.
60647); Presidential Memorandum of April 19, 2000 (65 F.R. 24849);
Presidential Memorandum of October 31, 2000 (65 F.R. 66599);
Presidential Memorandum of April 12, 2001 (66 F.R. 20723); Presidential
Memorandum of February 1, 2002 (67 F.R. 5923); Presidential Memorandum
of November 6, 2002 (67 F.R. 75799); Presidential Determination 03-07
of December 11, 2002 (due to clerical error, report was not transmitted
on November 6; 67 F.R. 77645); and Presidential Memorandum of March 28,
2003 (68 F.R. 17529). No reports are recorded in the 2004 or 2005
issues of the Federal Register.
---------------------------------------------------------------------------
(1) progress toward democratization in Burma;
(2) progress on improving the quality of life of the
Burmese people, including progress on market reforms,
living standards, labor standards, use of forced labor
in the tourism industry, and environmental quality; and
(3) progress made in developing the strategy referred
to in subsection (c).
(e) Waiver Authority.--The President shall have the
authority to waive, temporarily or permanently, any sanction
referred to in subsection (a) or subsection (b) if he
determines and certifies to Congress that the application of
such sanction would be contrary to the national security
interests of the United States.
(f) Definitions.--
(1) The term ``international financial institutions''
shall include the International Bank for Reconstruction
and Development, the International Development
Association, the International Finance Corporation, the
Multilateral Investment Guarantee Agency, the Asian
Development Bank, and the International Monetary Fund.
(2) The term ``new investment'' shall mean any of the
following activities if such an activity is undertaken
pursuant to an agreement, or pursuant to the exercise
of rights under such an agreement, that is entered into
with the Government of Burma or a nongovernmental
entity in Burma, on or after the date of the
certification under subsection (b):
(A) the entry into a contract that includes
the economical development of resources located
in Burma, or the entry into a contract
providing for the general supervision and
guarantee of another person's performance of
such a contract;
(B) the purchase of a share of ownership,
including an equity interest, in that
development;
(C) the entry into a contract providing for
the participation in royalties, earnings, or
profits in that development, without regard to
the form of the participation:
Provided, That the term ``new investment'' does not
include the entry into, performance of, or financing of
a contract to sell or purchase goods, services, or
technology.
(3) Economic Sanctions Against Products of Burma
Partial text of Public Law 101-382 [Customs and Trade Act of 1990; H.R.
1594], 104 Stat. 629, approved August 20, 1990
AN ACT To make miscellaneous and technical changes to various trade
laws.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE I--TRADE AGENCY AUTHORIZATION, CUSTOMS USER FEES, AND OTHER
PROVISIONS
* * * * * * *
Subtitle D--Miscellaneous Provisions
* * * * * * *
SEC. 138. ECONOMIC SANCTIONS AGAINST PRODUCTS OF BURMA.
(a) In General.--If, prior to October 1, 1990, the
President does not certify to Congress that Burma has met all
of the conditions listed in subsection (b), then the
President--
(1) shall impose such economic sanctions upon Burma
as the President determines to be appropriate,
including any sanctions appropriate under the Narcotics
Control Trade Act of 1986; and
(2) should confer with other industrialized
democracies in order to reach cooperative agreements to
impose sanctions against Burma.
(b) Conditions Which Burma Must Meet.--The conditions
referred to in subsection (a) are as follows:
(1) Burma meets the certification requirements listed
in section 802(b) of the Narcotics Control Trade Act of
1986;
(2) The national governmental legal authority in
Burma has been transferred to a civilian government.
(3) Martial law has been lifted in Burma.
(4) Prisoners held for political reasons in Burma
have been released.
(c) Imposition of Sanctions.--In applying subsection
(a)(1), the President shall give primary consideration to the
imposition of sanctions on those products which constitute
major imports from Burma, including fish, tropical timber, and
aquatic animals, unless the President determines that sanctions
against such products would have a significant adverse effect
on the economic interests of the United States.
(d) Reports if Sanctions not Imposed.--If the President
does not impose economic sanctions under subsection (a)(1), the
President shall--
(1) report to the Congress his reasons for not
imposing sanctions and the actions he intends to take
to achieve the conditions listed in subsection (b) (1)
through (4); and
(2) for as long as economic sanctions are not imposed
during the 2-year period after the date on which the
report is first made under paragraph (1), submit
semiannual reports to the Congress regarding the
reasons and actions referred in such paragraph.
* * * * * * *
(4) Blocking Property of the Government of Burma and Prohibiting
Certain Transactions
Executive Order 13310, July 28, 2003, 68 F.R. 44853, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), the Burmese Freedom and Democracy Act of
2003 (July 28, 2003), and section 301 of title 3, United States
Code, and in order to take additional steps with respect to the
Government of Burma's continued repression of the democratic
opposition in Burma and with respect to the national emergency
declared in Executive Order 13047 of May 20, 1997; \1\
---------------------------------------------------------------------------
\1\ Sec. 12 of this Executive Order revoked secs. 1 through 7 of
Executive Order 13047, to the extent they are inconsistent with this
Executive Order.
---------------------------------------------------------------------------
I, GEORGE W. BUSH, President of the United States of
America, hereby order:
Section 1. Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
and (4)), the Trade Sanctions Reform and Export Enhancement Act
of 2000 (title IX, PublicLaw 106-387) (TSRA), or regulations,
orders, directives, or licenses that may be issued pursuant to
this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of
this order, all property and interests in property of the
following persons that are in the United States, that hereafter
come within the United States, or that are or hereafter come
within the possession or control of United States persons,
including their overseas branches, are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
(a) the persons listed in the Annex attached and made
a part of this order; and
(b) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
(i) to be a senior official of the Government
of Burma, the State Peace and Development
Council of Burma, the Union Solidarity and
Development Association of Burma, or any
successor entity to any of the foregoing; or
(ii) to be owned or controlled by, or acting
or purporting to act for or on behalf of,
directly or indirectly, any person whose
property and interests in property are blocked
pursuant to this order.
Sec. 2. Except to the extent provided in section 203(b) of
IEEPA (50 U.S.C. 1702(b)), the TSRA, or regulations, orders,
directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date of this
order, the following are prohibited:
(a) the exportation or reexportation, directly or
indirectly, to Burma of any financial services either
(i) from the United States or (ii) by a United States
person, wherever located; and
(b) any approval, financing, facilitation, or
guarantee by a United States person, wherever located,
of a transaction by a foreign person where the
transaction by that foreign person would be prohibited
by this order if performed by a United States person or
within the United States;
Sec. 3. Beginning 30 days after the effective date of this
order, and except to the extent provided in section 8 of this
order and in regulations, orders, directives, or licenses that
may be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to
30 days after the effective date of this order, the importation
into the United States of any article that is a product of
Burma is hereby prohibited.
Sec. 4. (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 5. For purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States;
and
(d) the term ``Government of Burma'' means the
Government of Burma (sometimes referred to as Myanmar),
its agencies, instrumentalities and controlled
entities, and the Central Bank of Burma.
Sec. 6. I hereby determine that the making of donations of
the type specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by or to persons whose property and interests in
property are blocked pursuant to section 1 of this order would
seriously impair my ability to deal with the national emergency
declared in Executive Order 13047, and hereby prohibit such
donations as provided by section 1 of this order.
Sec. 7. For those persons whose property and interests in
property are blocked pursuant to section 1 of this order who
might have a constitutional presence in the United States, I
find that because of the ability to transfer funds or other
assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in Executive Order 13047, there need be no prior
notice of a listing or determination made pursuant to this
order.
Sec. 8. Determining that such a waiver is in the national
interest of the United States, I hereby waive the prohibitions
described in section 3 of the Burmese Freedom and Democracy Act
of 2003 with respect to any and all articles that are a product
of Burma to the extent that prohibiting the importation of such
articles would conflict with the international obligations of
the United States under the Vienna Convention on Diplomatic
Relations, the Vienna Convention on Consular Relations, the
United Nations Headquarters Agreement, and other legal
instruments providing equivalent privileges and immunities.
Sec. 9. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA and
sections 3(a) and 4 of the Burmese Freedom and Democracy Act of
2003, other than the authority to make the determinations and
certification to the Congress that Burma has met the conditions
described in 3(a)(3) of the Act, as may be necessary to carry
out the purposes of this order. The Secretary of the Treasury
may redelegate any of these functions to other officers and
agencies of the United States Government consistent with
applicable law. The Secretary of State is authorized to
exercise the functions and authorities conferred upon the
President by section 3(b) of the Burmese Freedom and Democracy
Act of 2003 and to redelegate these functions and authorities
consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of
this order.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is authorized to determine,
subsequent to the issuance of this order, that circumstances no
longer warrant inclusion of a person in the Annex to this order
and that the property and interests in property of that person
are therefore no longer blocked pursuant to section 1 of this
order.
Sec. 11. Nothing in this order is intended to affect the
continued effectiveness of any rules, regulations, orders,
licenses, or other forms of administrative action issued,
taken, or continued in effect heretofore or hereafter under 31
C.F.R. chapter V, except as expressly terminated, modified, or
suspended by or pursuant to this order.
Sec. 12. Sections 1 through 7 of Executive Order 13047 are
hereby revoked to the extent they are inconsistent with this
order. All delegations, rules, regulations, orders, licenses,
and other forms of administrative action made, issued, or
otherwise taken under Executive Order 13047, not inconsistent
with section 3 of this order and not revoked administratively,
shall remain in full force and effect under this order until
amended, modified, or terminated by proper authority. The
revocation of any provision of Executive Order 13047 pursuant
to this section shall not affect any violation of any rules,
regulations, orders, licenses, or other forms of administrative
action under that order during the period that such provision
of that order was in effect.
Sec. 13. All provisions of this order other than section 3
shall not apply to any activity, or any transaction incident to
an activity, undertaken pursuant to an agreement, or pursuant
to the exercise of rights under such an agreement, that was
entered into by a United States person with the Government of
Burma or a nongovernmental entity in Burma prior to 12:01 a.m.
eastern daylight time on May 21, 1997.
Sec. 14. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, instrumentalities, or
entities, its officers or employees, or any other person.
Sec. 15. This order is effective on 12:01 a.m. eastern
daylight time on July 29, 2003.
Sec. 16. This order shall be transmitted to the Congress
and published in the Federal Register.
r. Prohibiting Certain Transactions with [Former] Yugoslavia
(1) Compliance with United Nations Sanctions Against Iraq, Serbia, and
Montenegro
Partial text of Public Law 104-208, 110 Stat. 3009, approved September
30, 1996
* * * * * * *
Sec. 533.\1\ (a) Denial of Assistance.--None of the funds
appropriated or otherwise made available pursuant to this Act
to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas
Private Investment Corporation) or the Arms Export Control Act
may be used to provide assistance to any country that is not in
compliance with the United Nations Security Council sanctions
against Iraq, Serbia, or Montenegro unless the President
determines that--
---------------------------------------------------------------------------
\1\ 110 Stat. 3009-152, 50 U.S.C. 1701 note. See also sec. 540 of
this Act, set forth as a note to sec. 1511 of Public Law 103-160 (50
U.S.C. 1701 note) in Legislation on Foreign Relations Through 2005,
vol. I-B.
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(1) such assistance is in the national interest of
the United States
(2) such assistance will directly benefit the needy
people in that country; or
(3) the assistance to be provided will be
humanitarian assistance for foreign nationals who have
fled Iraq and Kuwait.
(b) Import Sanctions.--If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions imposed with respect to Iraq, Serbia, or
Montenegro, as the case may be, and is consistent with the
national interest, the President may prohibit, for such a
period of time as he considers appropriate, the importation
into the United States of any and all products of any foreign
country that has not prohibited--
(1) the importation of products of Iraq, Serbia, or
Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia, or
Montenegro, as the case may be.
* * * * * * *
(2) Sanctions Against Serbia
Partial text of P.L. 106-113 [Consolidated Appropriations for the
Fiscal Year Ending September 30, 2000, and for Other Purposes; H.R.
3194], 113 Stat. 1501, approved November 29, 1999
AN ACT Making consolidated appropriations for the fiscal year ending
September 30, 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the several
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 2000, and for other
purposes, namely:
* * * * * * *
APPENDIX B--H.R. 3422
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2000, and for other purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
sanctions against serbia
Sec. 599.\1\ (a) Continuation of Executive Branch
Sanctions.--The sanctions listed in subsection (b) shall remain
in effect for fiscal year 2000, unless the President submits to
the Committees on Appropriations and Foreign Relations in the
Senate and the Committees on Appropriations and International
Relations of the House of Representatives a certification
described in subsection (c).
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\1\ See also sec. 1511 of Public Law 103-160, the National Defense
Authorization Act for Fiscal Year 1994, in Legislation on Foreign
Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------
(b) Applicable Sanctions.--
(1) The Secretary of the Treasury shall instruct the
United States executive directors of the international
financial institutions to work in opposition to, and
vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind
to Serbia.
(2) The Secretary of State should instruct the United
States Ambassador to the Organization for Security and
Cooperation in Europe (OSCE) to block any consensus to
allow the participation of Serbia in the OSCE or any
organization affiliated with the OSCE.
(3) The Secretary of State should instruct the United
States Representative to the United Nations to vote
against any resolution in the United Nations Security
Council to admit Serbia to the United Nations or any
organization affiliated with the United Nations, to
veto any resolution to allow Serbia to assume the
United Nations' membership of the former Socialist
Federal Republic of Yugoslavia, and to take action to
prevent Serbia from assuming the seat formerly occupied
by the Socialist Federal Republic of Yugoslavia.
(4) The Secretary of State should instruct the United
States Permanent Representative on the Council of the
North Atlantic Treaty Organization to oppose the
extension of the Partnership for Peace program or any
other organization affiliated with NATO to Serbia.
(5) The Secretary of State should instruct the United
States Representative to the Southeast European
Cooperative Initiative (SECI) to oppose and to work to
prevent the extension of SECI membership to Serbia.
(c) Certification.--A certification described in this
subsection is a certification that--
(1) the representatives of the successor states to
the Socialist Federal Republic of Yugoslavia have
successfully negotiated the division of assets and
liabilities and all other succession issues following
the dissolution of the Socialist Federal Republic of
Yugoslavia;
(2) the Government of Serbia is fully complying with
its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia and Herzegovina;
(3) the Government of Serbia is fully cooperating
with and providing unrestricted access to the
International Criminal Tribunal for the former
Yugoslavia, including surrendering persons indicted for
war crimes who are within the jurisdiction of the
territory of Serbia, and with the investigations
concerning the commission of war crimes and crimes
against humanity in Kosova;
(4) the Government of Serbia is implementing internal
democratic reforms; and
(5) Serbian federal government officials, and
representatives of the ethnic Albanian community in
Kosova have agreed on, signed, and begun implementation
of a negotiated settlement on the future status of
Kosova.
(d) Statement of Policy.--It is the sense of the Congress
that the United States should not restore full diplomatic
relations with Serbia until the President submits to the
Committees on Appropriations and Foreign Relations in the
Senate and the Committees on Appropriations and International
Relations in the House of Representatives the certification
described in subsection (c).
(e) Exemption of Montenegro and Kosova.--The sanctions
described in subsection (b) shall not apply to Montenegro or
Kosova.
(f) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guarantee
Agency, and the European Bank for Reconstruction and
Development.
(g) Waiver Authority.--The President may waive the
application in whole or in part, of any sanction described in
subsection (b) if the President certifies to the Congress that
the President has determined that the waiver is necessary to
meet emergency humanitarian needs.
* * * * * * *
restriction on united states assistance for certain reconstruction
efforts in the balkans region
Sec. 599B. (a) Funds appropriated or otherwise made
available by this Act for United States assistance for
reconstruction efforts in the Federal Republic of Yugoslavia or
any contiguous country should to the maximum extent practicable
be used for the procurement of articles and services of United
States origin.
(b) Definitions.--In this section:
(1) Article.--The term ``article'' means any
agricultural commodity, steel, communications
equipment, farm machinery or petrochemical refinery
equipment.
(2) Federal republic of yugoslavia.--The term
``Federal Republic of Yugoslavia'' includes Serbia,
Montenegro and Kosova.
* * * * * * *
(3) Blocking Property of Persons Who Threaten International
Stabilization Efforts in the Western Balkans
Executive Order 13219, June 26, 2001, 66 F.R. 34777, 50 U.S.C 1701
note; as amended by Executive Order 13304, May 28, 2003, 68 F.R. 32315
Note.--Executive Order 13304 of May 28, 2003 (68 F.R.
32315), which amended this Executive Order, terminated
the national emergency declared in Executive Order
12808 of May 30, 1992 (57 F.R. 23299) and in Executive
Order 13088 of June 9, 1998 (63 F.R. 32109) regarding
the former Socialist Federal Republic of Yugoslavia.
Executive Order 13304 revoked both of these Executive
Orders and further revoked Executive Order 12810 of
June 5, 1992 (57 F.R. 24347) regarding the blocking of
property of the Federal Republic of Yugoslavia (Serbia
and Montenegro); Executive Order 12831 of January 15,
1993 (58 F.R. 5253) regarding additional measures with
respect to the Federal Republic of Yugoslavia (Serbia
and Montenegro); Executive Order 12846 of April 25,
1993 (58 F.R. 25771) regarding additional measures with
respect to the Federal Republic of Yugoslavia (Serbia
and Montenegro); Executive Order 12934 of October 25,
1994 (59 F.R. 54117) regarding blocking property and
additional measures with respect to the Bosnian Serb-
controlled areas of the Republic of Bosnia and
Herzegovina; Executive Order 13121 of April 30, 1999
(64 F.R. 24021) regarding the blocking of property of
the Federal Republic of Yugoslavia (Serbia and
Montenegro), the Republic of Serbia, and the Republic
of Montenegro, and prohibiting trade transactions
involving the Federal Republic of Yugoslavia (Serbia
and Montenegro) in response to the situation in Kosovo;
and Executive Order 13192 of January 17, 2001 (66 F.R.
7379) regarding the lifting and modifying of measures
with respect to the Federal Republic of Yugoslavia
(Serbia and Montenegro).
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, GEORGE W. BUSH, President of the United States of
America, have determined that the actions of persons engaged
in, or assisting, sponsoring, or supporting, (i) extremist
violence in the former Yugoslav Republic of Macedonia, southern
Serbia, the Federal Republic of Yugoslavia, and elsewhere in
the Western Balkans region, or (ii) acts obstructing
implementation of the Dayton Accords in Bosnia or United
Nations Security Council Resolution 1244 of June 10, 1999, in
Kosovo, threaten the peace in or diminish the security and
stability of those areas and the wider region, undermine the
authority, efforts, and objectives of the United Nations, the
North Atlantic Treaty Organization (NATO), and other
international organizations and entities present in those areas
and the wider region, and endanger the safety of persons
participating in or providing support to the activities of
those organizations and entities, including United States
military forces and Government officials. I find that such
actions constitute an unusual and extraordinary threat to the
national security and foreign policy of the United States, and
hereby declare a national emergency to deal with that threat. I
hereby order:
Section 1. (a) \1\ Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
and (4)), and the Trade Sanctions Reform and Export Enhancement
Act of 2000 (Title IX, Public Law 106-387), and in regulations,
orders, directives, or licenses that may hereafter be issued
pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the
effective date of this order, all property and interests in
property of:
---------------------------------------------------------------------------
\1\ Sec. 3 of Executive Order 13304 (68 F.R. 32315) amended and
restated subsecs. (a) and (b).
---------------------------------------------------------------------------
(i) the persons listed in the Annex to this order;
\2\ and
---------------------------------------------------------------------------
\2\ Sec. 2 of Executive Order 13304 (68 F.R. 32315) replaced and
superseded the Annex to this Executive Order. For the text of the
current Annex, see 68 F.R. 32318.
---------------------------------------------------------------------------
(ii) persons designated by the Secretary of the
Treasury, in consultation with the Secretary of State,
because they are determined:
(A) to be under open indictment by the
International Criminal Tribunal for the former
Yugoslavia, unless circumstances warrant
otherwise, or
(B) to have committed, or to pose a
significant risk of committing, acts of
violence that have the purpose or effect of
threatening the peace in or diminishing the
stability or security of any area or state in
the Western Balkans region, undermining the
authority, efforts, or objectives of
international organizations or entities present
in the region, or endangering the safety of
persons participating in or providing support
to the activities of those international
organizations or entities, or
(C) to have actively obstructed, or pose a
significant risk of actively obstructing, the
Ohrid Framework Agreement of 2001 relating to
Macedonia, United Nations Security Council
Resolution 1244 relating to Kosovo, or the
Dayton Accords or the Conclusions of the Peace
Implementation Conference held in London on
December 8-9, 1995, including the decisions or
conclusions of the High Representative, the
Peace Implementation Council or its Steering
Board, relating to Bosnia and Herzegovina, or
(D) to have materially assisted in,
sponsored, or provided financial, material, or
technological support for, or goods or services
in support of, such acts of violence or
obstructionism or any person listed in or
designated pursuant to this order, or
(E) to be owned or controlled by, or acting
or purporting to act directly or indirectly for
or on behalf of, any person listed in or
designated pursuant to this order, that are or
hereafter come within the United States, or
that are or hereafter come within the
possession or control of United States persons,
are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in.
(b) \1\ I hereby determine that the making of
donations of the type specified in section 203(b)(2) of
IEEPA (50 U.S.C. 1702(b)(2)) by or to persons
determined to be subject to the sanctions imposed under
this order would seriously impair the ability to deal
with the national emergency declared in this order, and
hereby prohibit such donations as provided in paragraph
(a) of this section.
(c) The blocking of property and interests in
property pursuant to paragraph (a) of this section
includes, but is not limited to, the prohibition of the
making or receiving by a United States person of any
contribution or provision of funds, goods, or services
to or for the benefit of a person designated in or
pursuant to paragraph (a) of this section.
Sec. 2. Any transaction by a United States person that
evades or avoids, or has the purpose of evading or avoiding, or
attempts to violate, any of the prohibitions set forth in this
order is prohibited. Any conspiracy formed to violate the
prohibitions of this order is prohibited.
Sec. 3. For the purposes of this order:
(a) The term ``person'' means an individual or
entity;
(b) The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization; and
(c) The term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States.
Sec. 4. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to me by IEEPA, as may be
necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government.
All agencies of the United States Government are hereby
directed to take all appropriate measures within their
authority to carry out the provisions of this order and, where
appropriate, to advise the Secretary of the Treasury in a
timely manner of the measures taken.
Sec. 5. This order is not intended to create, nor does it
create, any right, benefit, or privilege, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 eastern
daylight time on June 27, 2001;
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
Sec. 7.\3\ For those persons listed in the Annex to this
order or determined to be subject to the sanctions imposed
under this order who might have a constitutional presence in
the United States, I have determined that, because of the
ability to transfer funds or assets instantaneously, prior
notice to such persons of measures to be taken pursuant to this
order would render these measures ineffectual. I therefore
determine that for these measures to be effective in addressing
the national emergency declared in this order, there need be no
prior notice of a listing or determination made pursuant to
this order.
---------------------------------------------------------------------------
\3\ Sec. 4 of Executive Order 13304 (68 F.R. 32315) added secs. 7
and 8.
---------------------------------------------------------------------------
Sec. 8.\3\ The Secretary of the Treasury, in consultation
with the Secretary of State, is authorized to determine,
subsequent to the issuance of this order, that circumstances no
longer warrant inclusion of a person in the Annex to this order
and that such person is therefore no longer covered within the
scope of the sanctions set forth herein. Such a determination
shall become effective upon publication in the Federal
Register.
s. Prohibiting Certain Transactions With Respect to Rwanda and
Delegating Authority With Respect to Other United Nations Arms
Embargoes
Executive Order 12918, May 26, 1994, 59 F.R. 28205, 22 U.S.C. 287c note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 5 of the United Nations Participation Act of
1945, as amended (22 U.S.C. 287c), the Export Administration
Act of 1979 (50 U.S.C. App. 2401 et seq.), the Arms Export
Control Act (22 U.S.C. 2751 et seq.), and section 301 of title
3, United States Code, and in view of United Nations Security
Council Resolution 918 of May 17, 1994, it is hereby ordered as
follows: \1\
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\1\ The Department of State suspended all licenses and other
approvals to export or otherwise transfer defense articles or defense
services to Rwanda, pursuant to secs. 38 and 42 of the AECA, on May 27,
1994 (Public Notice 2016; 59 F.R. 28583). Subsequently, the Department
of State amended the International Traffic in Arms Regulations (22 CFR
parts 120-130) to include Rwanda (Public Notice 2050; 59 F.R. 42158).
---------------------------------------------------------------------------
Section 1. Arms Embargo. The following activities are
prohibited, notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement
or any contract entered into or any license or permit granted
before the effective date of this order, except to the extent
provided in regulations, orders, directives, or licenses that
may hereafter be issued pursuant to this order: (a) The sale or
supply to Rwanda from the territory of the United States by any
person, or by any United States person in any foreign country
or other location, or using any U.S.-registered vessel or
aircraft, of arms and related materiel of all types, including
weapons and ammunition, military vehicles and equipment,
paramilitary police equipment, and spare parts for the
aforementioned, irrespective of origin. This prohibition does
not apply to activities related to the United Nations
Assistance Mission for Rwanda or the United Nations Observer
Mission Uganda-Rwanda or other entities permitted to have such
items by the United Nations Security Council; and
(b) Any willful evasion or attempt to violate or evade any
of the prohibitions set forth in this order, by any person.
Sec. 2. Definitions. For purposes of this order, the term:
(a) ``Person'' means a natural person as well as a corporation,
business association, partnership, society, trust, or any other
entity, organization or group, including governmental entities;
and
(b) ``United States person'' means any citizen or national
of the United States, any lawful permanent resident of the
United States, or any corporation, business association,
partnership, society, trust, or any other entity, organization
or group, including governmental entities, organized under the
laws of the United States (including foreign branches).
Sec. 3. Responsibilities. The functions and
responsibilities for the enforcement of the foregoing
prohibitions are delegated as follows: (a) The Secretary of
State is hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers
granted to the President by section 5 of the United Nations
Participation Act and other authorizes available to the
Secretary of State, as may be necessary to carry out the
purpose of this order, relating to arms and related materiel of
a type enumerated on the United States Munitions List (22
C.F.R. Part 121). The Secretary of State may redelegate any of
these functions to other officers and agencies of the United
States Government; and
(b) The Secretary of Commerce, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to
employ all powers granted to the President by section 5 of the
United Nations Participation Act and other authorities
available to the Secretary of Commerce, as may be necessary to
carry out the purposes of this order, relating to arms and
related materiel identified in the Export Administration
Regulations (15 C.F.R. Parts 730-799). The Secretary of
Commerce may redelegate any of these functions to other
officers and agencies of the United States Government.
Sec. 4. Authorization. All agencies of the United States
Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this
order, including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 5. Delegation of Authority. The Secretary of State and
the Secretary of Commerce in consultation with the Secretary of
State are hereby authorized to promulgate rules and
regulations, and to employ all powers granted to the President
by section 5 of the United Nations Participation Act and not
otherwise delegated by Executive order, as may be necessary to
carry out the purpose of implementing any other arms embargo
mandated by resolution of the United Nations Security Council,
consistent with the allocation of functions delegated under
section 3 of this order. The Secretary of State or the
Secretary of Commerce may redelegate any of these functions to
other officers and agencies of the United States Government.
Sec. 6. Judicial Review. Nothing contained in this order
shall create any right or benefit, substantive or procedural,
enforceable by any party against the United States, its
agencies or instrumentalities, its officers or employees, or
any other person.
Sec. 7. Effective Date. This order shall take effect at
11:59 p.m. eastern daylight time on May 26, 1994.
t. Prohibiting Certain Transactions with Sudan
(1) Importation of Gum Arabic from Sudan
Partial text of Public Law 106-476 [H.R. 4868], 114 Stat. 2101,
approved November 9, 2000
AN ACT To amend the Harmonized Tariff Schedule of the United States to
modify temporarily certain rates of duty, to make other technical
amendments to the trade laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE I--TARIFF PROVISIONS
* * * * * * *
Subtitle B--Other Tariff Provisions
* * * * * * *
CHAPTER 4--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 1464. IMPORTATION OF GUM ARABIC.
(a) Findings.--The Congress finds the following:
(1) The Republic of the Sudan produces 60 percent of
the world's supply of gum arabic in raw form and has a
virtual monopoly on the world's supply of the highest
grade of gum arabic.
(2) The President imposed comprehensive sanctions
against Sudan on November 3, 1997, under Executive
Order No. 13067.
(3) The Secretary of the Treasury, upon
recommendation of the Secretary of State, has issued
limited licenses each year since the imposition of
sanctions against Sudan under Executive Order No. 13067
to permit United States gum arabic processors to import
gum arabic in raw form from Sudan due to a lack of
alternative sources in other countries.
(4) The United States gum arabic processing industry
consists of three small companies whose existence is
threatened by the comprehensive sanctions in effect
against Sudan.
(5) The United States gum arabic processing industry
is working with the United States Agency for
International Development to develop alternative
sources of gum arabic in raw form in countries that are
not subject to sanctions, but alternative sources of
the highest grade of gum arabic in raw form are not
currently available.
(b) License Applications to Import Gum Arabic From Sudan.--
Notwithstanding any other provision of law, the Secretary of
the Treasury and the Secretary of State, in consultation with
the Secretary of Commerce and the heads of other appropriate
agencies--
(1) shall consider promptly any license application
by a United States gum arabic processor to import gum
arabic in raw form from the Republic of the Sudan; and
(2) in reviewing such license applications by United
States gum arabic processors, shall consider whether
adequate commercial quantities of the highest grade of
gum arabic in raw form are available from countries not
subject to United States sanctions in order to allow
such United States processors of gum arabic to remain
in business.
(c) Development of Alternative Sources of Gum Arabic.--The
President shall utilize such authority as is available to the
President to promote the development in countries other than
Sudan of alternative sources of the highest grade of gum arabic
in raw form of sufficient commercial quality to be utilized in
products intended for human consumption.
(d) Definition.--In this section, the term ``gum arabic in
raw form'' means gum arabic of the type described in
subheadings 1301.20.00 and 1301.90.90 of the Harmonized Tariff
Schedule of the United States.
(2) Blocking Sudanese Government Property and Prohibiting Transactions
with Sudan
Executive Order 13067, November 3, 1997, 62 F.R. 59989, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code;
I, WILLIAM J. CLINTON, President of the United States of
America, find that the policies and actions of the Government
of Sudan, including continued support for international
terrorism; ongoing efforts to destabilize neighboring
governments; and the prevalence of human rights violations,
including slavery and the denial of religious freedom,
constitute an unusual and extraordinary threat to the national
security and foreign policy of the United States, and hereby
declare a national emergency \1\ to deal with that threat. I
hereby order:
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\1\ The national emergency with respect to Sudan was continued in
Presidential notices of October 27, 1998 (63 F.R. 58617); October 29,
1999 (64 F.R. 59105); October 31, 2000 (65 F.R. 66161); October 31,
2001 (66 F.R. 55867); October 31, 2002 (67 F.R. 66523); October 29,
2003 (68 F.R. 62211); November 1, 2004 (69 F.R. 63915); and November 1,
2005 (70 F.R. 66745).
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Section 1. Except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)) and in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, all property and interests in property of the Government
of Sudan that are in the United States, that hereafter come
within the United States, or that hereafter come within the
possession or control of United States persons, including their
overseas branches, are blocked.
Sec. 2. The following are prohibited, except to the extent
provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) and in
regulations, orders, directives, or licenses that may be issued
pursuant to this order:
(a) the importation into the United States of any
goods or services of Sudanese origin, other than
information or informational materials;
(b) the exportation or reexportation, directly or
indirectly, to Sudan of any goods, technology
(including technical data, software, or other
information), or services from the United States or by
a United States person, wherever located, or requiring
the issuance of a license by a Federal agency, except
for donations of articles intended to relieve human
suffering, such as food, clothing, and medicine;
(c) the facilitation by a United States person,
including but not limited to brokering activities, of
the exportation or reexportation of goods, technology,
or services from Sudan to any destination, or to Sudan
from any location;
(d) the performance by any United States person of
any contract, including a financing contract, in
support of an industrial, commercial, public utility,
or governmental project in Sudan;
(e) the grant or extension of credits or loans by any
United States person to the Government of Sudan;
(f) any transaction by a United States person
relating to transportation of cargo to or from Sudan;
the provision of transportation of cargo to or from the
United States by any Sudanese person or any vessel or
aircraft of Sudanese registration; or the sale in the
United States by any person holding authority under
subtitle 7 of title 49, United States Code, of any
transportation of cargo by air that includes any stop
in Sudan; and
(g) any transaction by any United States person or
within the United States that evades or avoids, or has
the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this
order.
Sec. 3. Nothing in this order shall prohibit:
(a) transactions for the conduct of the official
business of the Federal Government or the United
Nations by employees thereof; or
(b) transactions in Sudan for journalistic activity
by persons regularly employed in such capacity by a
news-gathering organization.
Sec. 4. For the purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, or
other organization;
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States
(including foreign branches), or any person in the
United States; and
(d) the term ``Government of Sudan'' includes the
Government of Sudan, its agencies, instrumentalities
and controlled entities, and the Central Bank of Sudan.
Sec. 5. The Secretary of the Treasury, in consultation with
the Secretary of State and, as appropriate, other agencies, is
hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers
granted to me by IEEPA, as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and
agencies of the United States Government. All agencies of the
United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 6. Nothing contained in this order shall create any
right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
Sec. 7. (a) This order shall take effect at 12:01 a.m.
eastern standard time on November 4, 1997, except that trade
transactions under contracts in force as of the effective date
of this order may be performed pursuant to their terms through
12:01 a.m. eastern standard time on December 4, 1997, and
letters of credit and other financing agreements for such
underlying trade transactions may be performed pursuant to
their terms.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
u. Blocking Property of the Government of the Russian Federation
Relating to the Disposition of Highly Enriched Uranium Extracted from
Nuclear Weapons
Executive Order 13159, June 24, 2000, 65 F.R. 39279, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act
(IEEPA) (50 U.S.C. 1701 et seq.), the National Emergencies Act
(50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code.
I, WILLIAM J. CLINTON, President of the United States of
America, in view of the policies underlying Executive Order
12938 of November 14, 1994, and Executive Order 13085 of May
26, 1998, find that the risk of nuclear proliferation created
by the accumulation of a large volume of weapons-usable fissile
material in the territory of the Russian Federation constitutes
an unusual and extraordinary threat to the national security
and foreign policy of the United States, and hereby declare a
national emergency to deal with that threat, Ihereby order:
Section 1.\1\ A major national security goal of the United
States is to ensure that fissile material removed from Russian
nuclear weapons pursuant to various arms control and
disarmament agreements is dedicated to peaceful uses, subject
to transparency measures, and protected from diversion to
activities of proliferation concern. As reflected in Executive
Order 13085, the full implementation of the Agreement Between
the Government of the United States of America and the
Government of the Russian Federation Concerning the Disposition
of Highly Enriched Uranium Extracted from Nuclear Weapons,
dated February 18, 1993, and related contracts and agreements
(collectively, the ``HEU Agreements'') is essential to the
attainment of this goal. The HEU Agreements provide for the
conversion of approximately 500 metric tons of highly enriched
uranium contained in Russian nuclear weapons into low-enriched
uranium for use as fuel in commercial nuclear reactors. In
furtherance of our national security goals, all heads of
departments and agencies of the United States Government shall
continue to take all appropriate measures within their
authority to further the full implementation of the HEU
Agreements.
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\1\ The national emergency with respect to the disposition of
highly enriched uranium from Russia was continued in a notice of the
President on June 11, 2001 (66 F.R. 32207); June 18, 2002 (67 F.R.
42179); June 10, 2003 (68 F.R. 35149); June 16, 2004 (69 F.R. 34047);
and June 17, 2005 (70 F.R. 35507).
In Executive Order 13313 of July 31, 2003 (68 F.R. 46073), the
President assigned the function of submitting recurring reports to the
Congress pursuant to this order to the Secretary of State.
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Sec. 2. Government of the Russian Federation assets
directly related to the implementation of the HEU Agreements
currently may be subject to attachment, judgment, decree, lien,
execution, garnishment, or other judicial process, thereby
jeopardizing the full implementation of the HEU Agreements to
the detriment of U.S. foreign policy. In order to ensure the
preservation and proper and complete transfer to the Government
of the Russian Federation of all payments due to it under the
HEU Agreements, and except to the extent provided in
regulations, orders, directives, or licenses that may hereafter
be issued pursuant to this order, all property and interests in
property of the Government of the Russian Federation directly
related to the implementation of the HEU Agreements that are in
the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of United States persons, including their overseas
branches, are hereby blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in. Unless licensed or
authorized pursuant to this order, any attachment, judgment,
decree, lien, execution, garnishment, or other judicial process
is null and void with respect to any property or interest in
property blocked pursuant to this order.
Sec. 3. For the purposes of this order: (a) The term
``person'' means an individual or entity;
(b) The term ``entity'' means a partnership, association,
trust, joint venture, corporation, or other organization;
(c) The term ``United States person'' means any United
States citizen; permanent resident alien; juridical person
organized under the laws of the United States or any
jurisdiction within the United States, including foreign
branches; or any person in the United States; and
(d) The term ``Government of the Russian Federation'' means
the Government of the Russian Federation, any political
subdivision, agency, or instrumentality thereof, and any person
owned or controlled by, or acting for or on behalf of, the
Government of the Russian Federation.
Sec. 4. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, the Secretary of Energy, and, as
appropriate, other agencies, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to me by IEEPA, as may be
necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government.
All agencies of the United States Government are hereby
directed to take all appropriate measures within their
statutory authority to carry out the provisions of this order.
(b) Nothing contained in this order shall relieve a person
from any requirement to obtain a license or other authorization
from any department or agency of the United States Government
in compliance with applicable laws and regulations subject to
the jurisdiction of the department or agency.
Sec. 5. This order is not intended to create, nor does it
create, any right, benefit, or privilege, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 22, 2000.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
v. Prohibiting the Importation of Rough Diamonds from Sierra Leone
(1) Clean Diamond Trade Act
Public Law 108-19 [H.R. 1584], 117 Stat. 631, approved April 25, 2003
AN ACT To implement effective measures to stop trade in conflict
diamonds, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Clean Diamond Trade Act''.
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\1\ 19 U.S.C. 3901 note.
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SEC. 2.\2\ FINDINGS.
Congress finds the following:
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\2\ 19 U.S.C. 3901.
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(1) Funds derived from the sale of rough diamonds are
being used by rebels and state actors to finance
military activities, overthrow legitimate governments,
subvert international efforts to promote peace and
stability, and commit horrifying atrocities against
unarmed civilians. During the past decade, more than
6,500,000 people from Sierra Leone, Angola, and the
Democratic Republic of the Congo have been driven from
their homes by wars waged in large part for control of
diamond mining areas. A million of these are refugees
eking out a miserable existence in neighboring
countries, and tens of thousands have fled to the
United States. Approximately 3,700,000 people have died
during these wars.
(2) The countries caught in this fighting are home to
nearly 70,000,000 people whose societies have been torn
apart not only by fighting but also by terrible human
rights violations.
(3) Human rights and humanitarian advocates, the
diamond trade as represented by the World Diamond
Council, and the United States Government have been
working to block the trade in conflict diamonds. Their
efforts have helped to build a consensus that action is
urgently needed to end the trade in conflict diamonds.
(4) The United Nations Security Council has acted at
various times under chapter VII of the Charter of the
United Nations to address threats to international
peace and security posed by conflicts linked to
diamonds. Through these actions, it has prohibited all
states from exporting weapons to certain countries
affected by such conflicts. It has further required all
states to prohibit the direct and indirect import of
rough diamonds from Sierra Leone unless the diamonds
are controlled under specified certificate of origin
regimes and to prohibit absolutely the direct and
indirect import of rough diamonds from Liberia.
(5) In response, the United States implemented
sanctions restricting the importation of rough diamonds
from Sierra Leone to those diamonds accompanied by
specified certificates of origin and fully prohibiting
the importation of rough diamonds from Liberia. The
United States is now taking further action against
trade in conflict diamonds.
(6) Without effective action to eliminate trade in
conflict diamonds, the trade in legitimate diamonds
faces the threat of a consumer backlash that could
damage the economies of countries not involved in the
trade in conflict diamonds and penalize members of the
legitimate trade and the people they employ. To prevent
that, South Africa and more than 30 other countries are
involved in working, through the ``Kimberley Process'',
toward devising a solution to this problem. As the
consumer of a majority of the world's supply of
diamonds, the United States has an obligation to help
sever the link between diamonds and conflict and press
for implementation of an effective solution.
(7) Failure to curtail the trade in conflict diamonds
or to differentiate between the trade in conflict
diamonds and the trade in legitimate diamonds could
have a severe negative impact on the legitimate diamond
trade in countries such as Botswana, Namibia, South
Africa, and Tanzania.
(8) Initiatives of the United States seek to resolve
the regional conflicts in sub-Saharan Africa which
facilitate the trade in conflict diamonds.
(9) The Interlaken Declaration on the Kimberley
Process Certification Scheme for Rough Diamonds of
November 5, 2002, states that Participants will ensure
that measures taken to implement the Kimberley Process
Certification Scheme for rough Diamonds will be
consistent with international trade rules.
SEC. 3.\3\ DEFINITIONS.
In this Act:
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\3\ 19 U.S.C. 3902.
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(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Ways and Means and the Committee on
International Relations of the House of
Representatives, and the Committee on Finance and the
Committee on Foreign Relations of the Senate.
(2) Controlled through the kimberley process
certification scheme.--An importation or exportation of
rough diamonds is ``controlled through the Kimberley
Process Certification Scheme'' if it is an importation
from the territory of a Participant or exportation to
the territory of a Participant of rough diamonds that
is--
(A) carried out in accordance with the
Kimberley Process Certification Scheme, as set
forth in regulations promulgated by the
President; or
(B) controlled under a system determined by
the President to meet substantially the
standards, practices, and procedures of the
Kimberley Process Certification Scheme.
(3) Exporting authority.--The term ``exporting
authority'' means 1 or more entities designated by a
Participant from whose territory a shipment of rough
diamonds is being exported as having the authority to
validate the Kimberley Process Certificate.
(4) Importing authority.--The term ``importing
authority'' means 1 or more entities designated by a
Participant into whose territory a shipment of rough
diamonds is imported as having the authority to enforce
the laws and regulations of the Participant regulating
imports, including the verification of the Kimberley
Process Certificate accompanying the shipment.
(5) Kimberley process certificate.--The term
``Kimberley Process Certificate'' means a forgery
resistant document of a Participant that demonstrates
that an importation or exportation of rough diamonds
has been controlled through the Kimberley Process
Certification Scheme and contains the minimum elements
set forth in Annex I to the Kimberley Process
Certification Scheme.
(6) Kimberley process certification scheme.--The term
``Kimberley Process Certification Scheme'' means those
standards, practices, and procedures of the
international certification scheme for rough diamonds
presented in the document entitled ``Kimberley Process
Certification Scheme'' referred to in the Interlaken
Declaration on the Kimberley Process Certification
Scheme for Rough Diamonds of November 5, 2002.
(7) Participant.--The term ``Participant'' means a
state, customs territory, or regional economic
integration organization identified by the Secretary of
State.
(8) Person.--The term ``person'' means an individual
or entity.
(9) Rough diamond.--The term ``rough diamond'' means
any diamond that is unworked or simply sawn, cleaved,
or bruted and classifiable under subheading 7102.10,
7102.21, or 7102.31 of the Harmonized Tariff Schedule
of the United States.
(10) United states.--The term ``United States'', when
used in the geographic sense, means the several States,
the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(11) United states person.--The term ``United States
person'' means--
(A) any United States citizen or any alien
admitted for permanent residence into the
United States;
(B) any entity organized under the laws of
the United States or any jurisdiction within
the United States (including its foreign
branches); and
(C) any person in the United States.
SEC. 4.\4\ MEASURES FOR THE IMPORTATION AND EXPORTATION OF ROUGH
DIAMONDS.
(a) Prohibition.--The President shall prohibit the
importation into, or exportation from, the United States of any
rough diamond, from whatever source, that has not been
controlled through the Kimberley Process Certification Scheme.
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\4\ 19 U.S.C. 3903.
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(b) Waiver.--The President may waive the requirements set
forth in subsection (a) with respect to a particular country
for periods of not more than 1 year each, if, with respect to
each such waiver--
(1) the President determines and reports to the
appropriate congressional committees that such country
is taking effective steps to implement the Kimberley
Process Certification Scheme; or
(2) the President determines that the waiver is in
the national interests of the United States, and
reports such determination to the appropriate
congressional committees, together with the reasons
therefor.
SEC. 5.\5\ REGULATORY AND OTHER AUTHORITY.
(a) In General.--The President is authorized to and shall
as necessary issue such proclamations, regulations, licenses,
and orders, and conduct such investigations, as may be
necessary to carry out this Act.
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\5\ 19 U.S.C. 3904.
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(b) Recordkeeping.--Any United States person seeking to
export from or import into the United States any rough diamonds
shall keep a full record of, in the form of reports or
otherwise, complete information relating to any act or
transaction to which any prohibition imposed under section 4(a)
applies. The President may require such person to furnish such
information under oath, including the production of books of
account, records, contracts, letters, memoranda, or other
papers, in the custody or control of such person.
(c) Oversight.--The President shall require the appropriate
Government agency to conduct annual reviews of the standards,
practices, and procedures of any entity in the United States
that issues Kimberley Process Certificates for the exportation
from the United States of rough diamonds to determine whether
such standards, practices, and procedures are in accordance
with the Kimberley Process Certification Scheme. The President
shall transmit to the appropriate congressional committees a
report on each annual review under this subsection.
SEC. 6.\6\ IMPORTING AND EXPORTING AUTHORITIES.
(a) In the United States.--For purposes of this Act--
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\6\ 19 U.S.C. 3905.
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(1) the importing authority shall be the United
States Bureau of Customs and Border Protection or, in
the case of a territory or possession of the United
States with its own customs administration, analogous
officials; and
(2) the exporting authority shall be the Bureau of
the Census.
(b) Of Other Countries.--The President shall publish in the
Federal Register a list of all Participants, and all exporting
authorities and importing authorities of Participants. The
President shall update the list as necessary.
SEC. 7.\7\ STATEMENT OF POLICY.
The Congress supports the policy that the President shall
take appropriate steps to promote and facilitate the adoption
by the international community of the Kimberley Process
Certification Scheme implemented under this Act.
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\7\ 19 U.S.C. 3906.
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SEC. 8.\8\ ENFORCEMENT.
(a) In General.--In addition to the enforcement provisions
set forth in subsection (b)--
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\8\ 19 U.S.C. 3907.
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(1) a civil penalty of not to exceed $10,000 may be
imposed on any person who violates, or attempts to
violate, any license, order, or regulation issued under
this Act; and
(2) whoever willfully violates, or willfully attempts
to violate, any license, order, or regulation issued
under his Act shall, upon conviction, be fined not more
than $50,000, or, if a natural person, may be
imprisoned for not more than 10 years, or both; and any
officer, director, or agent of any corporation who
willfully participates in such violation may be
punished by a like fine, imprisonment, or both.
(b) Import Violations.--Those customs laws of the United
States, both civil and criminal, including those laws relating
to seizure and forfeiture, that apply to articles imported in
violation of such laws shall apply with respect to rough
diamonds imported in violation of this Act.
(c) Authority to Enforce.--The United States Bureau of
Customs and Border Protection and the United States Bureau of
Immigration and Customs Enforcement are authorized, as
appropriate, to enforce the provisions of subsection (a) and to
enforce the laws and regulations governing exports of rough
diamonds, including with respect to the validation of the
Kimberley Process Certificate by the exporting authority.
SEC. 9.\9\ TECHNICAL ASSISTANCE.
The President may direct the appropriate agencies of the
United States Government to make available technical assistance
to countries seeking to implement the Kimberley Process
Certification Scheme.
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\9\ 19 U.S.C. 3908.
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SEC. 10.\10\ SENSE OF CONGRESS.
(a) Ongoing Process.--It is the sense of the Congress that
the Kimberley Process Certification Scheme, officially launched
on January 1, 2003, is an ongoing process. The President should
work with Participants to strengthen the Kimberley Process
Certification Scheme through the adoption of measures for the
sharing of statistics on the production of and trade in rough
diamonds, and for monitoring the effectiveness of the Kimberley
Process Certification Scheme in stemming trade in diamonds the
importation or exportation of which is not controlled through
the Kimberley Process Certification Scheme.
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\10\ 19 U.S.C. 3909.
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(b) Statistics and Reporting.--It is the sense of the
Congress that under Annex III to the Kimberley Process
Certification Scheme, Participants recognized that reliable and
comparable data on the international trade in rough diamonds
are an essential tool for the effective implementation of the
Kimberley Process Certification Scheme. Therefore, the
executive branch should continue to--
(1) keep and publish statistics on imports and
exports of rough diamonds under subheadings 7102.10.00,
7102.21, and 7102.31.00 of the Harmonized Tariff
Schedule of the United States;
(2) make these statistics available for analysis by
interested parties and by Participants; and
(3) take a leadership role in negotiating a
standardized methodology among Participants for
reporting statistics on imports and exports of rough
diamonds.
SEC. 11.\11\ KIMBERLEY PROCESS IMPLEMENTATION COORDINATING COMMITTEE.
The President shall establish a Kimberley Process
Implementation Coordinating Committee to coordinate the
implementation of this Act. The Committee shall be composed of
the following individuals or their designees:
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\11\ 19 USC 3910.
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(1) The Secretary of the Treasury and the Secretary
of State, who shall be co-chairpersons.
(2) The Secretary of Commerce.
(3) The United States Trade Representative.
(4) The Secretary of Homeland Security.
(5) A representative of any other agency the
President deems appropriate.
SEC. 12.\12\ REPORTS.
(a) Annual Reports.--Not later than 1 year after the date
of the enactment of this Act and every 12 months thereafter for
such period as this Act is in effect, the President shall
transmit to the Congress a report--
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\12\ 19 U.S.C. 3911.
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(1) describing actions taken by countries that have
exported rough diamonds to the United States during the
preceding 12-month period to control the exportation of
the diamonds through the Kimberley Process
Certification Scheme;
(2) describing whether there is statistical
information or other evidence that would indicate
efforts to circumvent the Kimberley Process
Certification Scheme, including cutting rough diamonds
for the purpose of circumventing the Kimberley Process
Certification Scheme;
(3) identifying each country that, during the
preceding 12-month period, exported rough diamonds to
the United States and was exporting rough diamonds not
controlled through the Kimberley Process Certification
Scheme, if the failure to do so has significantly
increased the likelihood that those diamonds not so
controlled are being imported into the United States;
and
(4) identifying any problems or obstacles encountered
in the implementation of this Act or the Kimberly
Process Certification Scheme.
(b) Semiannual Reports.--For each country identified in
subsection (a)(3), the President, during such period as this
Act is in effect, shall, every 6 months after the initial
report in which the country was identified, transmit to the
Congress a report that explains what actions have been taken by
the United States or such country since the previous report to
ensure that diamonds the exportation of which was not
controlled through the Kimberley Process Certification Scheme
are not being imported from that country into the United
States. The requirement to issue a semiannual report with
respect to a country under this subsection shall remain in
effect until such time as the country is controlling the
importation and exportation of rough diamonds through the
Kimberley Process Certification Scheme.
SEC. 13.\13\ GAO REPORT.
Not later than 24 months after the effective date of this
Act, the Comptroller General of the United States shall
transmit a report to the Congress on the effectiveness of the
provisions of this Act in preventing the importation or
exportation of rough diamonds that is prohibited under section
4. The Comptroller General shall include in the report any
recommendations on any modifications to this Act that may be
necessary.
---------------------------------------------------------------------------
\13\ 19 U.S.C. 3912.
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SEC. 14.\14\ DELEGATION OF AUTHORITIES.
The President may delegate the duties and authorities under
this Act to such officers, officials, departments, or agencies
of the United States Government as the President deems
appropriate.
---------------------------------------------------------------------------
\14\ 19 U.S.C. 3913.
---------------------------------------------------------------------------
SEC. 15.\15\ EFFECTIVE DATE.
This Act shall take effect on the date on which the
President certifies to the Congress that--
---------------------------------------------------------------------------
\15\ 19 U.S.C. 3901 note.
---------------------------------------------------------------------------
(1) an applicable waiver that has been granted by the
World Trade Organization is in effect; or
(2) an applicable decision in a resolution adopted by
the United Nations Security Council pursuant to Chapter
VII of the Charter of the United Nations is in effect.
This Act shall thereafter remain in effect during those periods
in which, as certified by the President to the Congress, an
applicable waiver or decision referred to in paragraph (1) or
(2) is in effect.
(2) Implementing the Clean Diamond Trade Act
Executive Order 13312, July 29, 2003, 68 F.R. 45151; 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Clean Diamond Trade Act (Public Law 108-19) (the
``Act''), the International Emergency Economic Powers Act, as
amended (50 U.S.C. 1701 et seq.), the National Emergencies Act
(50 U.S.C. 1601 et seq.), section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c), and section 301
of title 3, United States Code, and in view of the national
emergency described and declared in Executive Order 13194 of
January 18, 2001, and expanded in scope in Executive Order
13213 of May 22, 2001,
I, GEORGE W. BUSH, President of the United States of
America, note that, in response to the role played by the
illicit trade in diamonds in fueling conflict and human rights
violations in Sierra Leone, the President declared a national
emergency in Executive Order 13194 and imposed restrictions on
the importation of rough diamonds into the United States from
Sierra Leone. I expanded the scope of that emergency in
Executive Order 13213 and prohibited absolutely the importation
of rough diamonds from Liberia. I further note that
representatives of the United States and numerous other
countries announced in the Interlaken Declaration of November
5, 2002, the launch of the Kimberley Process Certification
Scheme (KPCS) for rough diamonds, under which Participants
prohibit the importation of rough diamonds from, or the
exportation of rough diamonds to, a non-Participant and require
that shipments of rough diamonds from or to a Participant be
controlled through the KPCS. The Clean Diamond Trade Act
authorizes the President to take steps to implement the KPCS.
Therefore, in order to implement the Act, to harmonize
Executive Orders 13194 and 13213 with the Act, to address
further threats to international peace and security posed by
the trade in conflict diamonds, and to avoid undermining the
legitimate diamond trade, it is hereby ordered as follows:
Section 1. Prohibitions. Notwithstanding the existence of
any rights or obligations conferred or imposed by any contract
entered into or any license or permit granted prior to July 30,
2003, the following are, except to the extent a waiver issued
under section 4(b) of the Act applies, prohibited:
(a) the importation into, or exportation from, the
United States on or after July 30, 2003, of any rough
diamond, from whatever source, unless the rough diamond
has been controlled through the KPCS;
(b) any transaction by a United States person
anywhere, or any transaction that occurs in whole or in
part within the United States, that evades or avoids,
or has the purpose of evading or avoiding, or attempts
to violate, any of the prohibitions set forth in this
section; and
(c) any conspiracy formed to violate any of the
prohibitions of this section.
Sec. 2. Assignment of Functions. (a) The functions of the
President under the Act are assigned as follows:
(i) sections 4(b), 5(c), 6(b), 11, and 12 to the
Secretary of State; and
(ii) sections 5(a) and 5(b) to the Secretary of the
Treasury.
(b) The Secretary of State and the Secretary of the
Treasury may reassign any of these functions to other officers,
officials, departments, and agencies within the executive
branch, consistent with applicable law.
(c) In performing the function of the President under
section 11 of the Act, the Secretary of State shall establish
the coordinating committee as part of the Department of State
for administrative purposes only, and shall, consistent with
applicable law, provide administrative support to the
coordinating committee. In the performance of functions
assigned by subsection 2(a) of this order or by the Act, the
Secretary of State, the Secretary of the Treasury, and the
Secretary of Homeland Security shall consult the coordinating
committee, as appropriate.
Sec. 3. Amendments to Related Executive Orders.\1\ * * *
---------------------------------------------------------------------------
\1\ Sec. 3 amended Executive Order 13194 (66 F.R. 7389) that
declared a national emergency with respect to Sierra Leone, and
Executive Order 13213 (66 F.R. 28827) that expanded that emergency with
respect to Liberia. Subsequently, Executive Order 13324 (69 F.R. 2823)
revoked Executive Order 13194 and Executive Order 13213.
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Sec. 4. Definitions. For the purposes of this order and
Executive Order 13194, the definitions set forth in section 3
of the Act shall apply, and the term ``Kimberley Process
Certification Scheme'' shall not be construed to include any
changes to the KPCS after April 25, 2003.
Sec. 5. General Provisions. This order is not intended to,
and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies,
instrumentalities or entities, its officers or employees, or
any other person.
Sec. 6. Effective Date and Transmittal. (a) Sections 1 and
3 of this order are effective at 12:01 a.m. eastern daylight
time on July 30, 2003. The remaining provisions of this order
are effective immediately.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
Note.--Executive Order 13324 of January 15, 2004 (69
F.R. 2823) terminated the national emergency declared
in Executive Order 13194 of January 18, 2001 (66 F.R.
7389) regarding Sierra Leone and the expansion of that
emergency declared in Executive Order 13213 of May 22,
2001 (66 F.R. 28827) regarding Liberia. Executive Order
13324 further revoked Executive Order 13194 and
Executive Order 13213.
(w) Blocking Property of Certain Persons and Prohibiting the
Importation of Certain Goods from Liberia
Executive Order 13348, July 22, 2004, 69 F.R. 44885, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c) (UNPA), and
section 301 of title 3, United States Code, and in view of
United Nations Security Council Resolutions 1521 of December
22, 2003, and 1532 of March 12, 2004,
I, GEORGE W. BUSH, President of the United States of
America, note that the actions and policies of former Liberian
President Charles Taylor and other persons, in particular their
unlawful depletion of Liberian resources and their removal from
Liberia and secreting of Liberian funds and property, have
undermined Liberia's transition to democracy and the orderly
development of its political, administrative, and economic
institutions and resources. I further note that the
Comprehensive Peace Agreement signed on August 18, 2003, and
the related ceasefire have not yet been universally implemented
throughout Liberia, and that the illicit trade in round logs
and timber products is linked to the proliferation of and
trafficking in illegal arms, which perpetuate the Liberian
conflict and fuel and exacerbate other conflicts throughout
West Africa. I find that the actions, policies, and
circumstances described above constitute an unusual and
extraordinary threat to the foreign policy of the United States
and hereby declare a national emergency to deal with that
threat.\1\ To address that threat, I hereby order:
---------------------------------------------------------------------------
\1\ The national emergency with respect to Liberia was continued by
Presidential Notice on July 19, 2005 (70 F.R. 41935).
---------------------------------------------------------------------------
Section 1. (a) Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
and (4)), or regulations, orders, directives, or licenses that
may be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to
the effective date of this order, all property and interests in
property of the following persons, that are in the United
States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of
United States persons, are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
and
(ii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State:
(A) to be or have been an immediate family
member of Charles Taylor;
(B) to have been a senior official of the
former Liberian regime headed by Charles Taylor
or otherwise to have been or be a close ally or
associate of Charles Taylor or the former
Liberian regime;
(C) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
in support of, the unlawful depletion of
Liberian resources, the removal of Liberian
resources from that country, and the secreting
of Liberian funds and property by any person
whose property and interests in property are
blocked pursuant to this order; or
(D) to be owned or controlled by, or acting
or purporting to act for or on behalf of,
directly or indirectly, any person whose
property and interests in property are blocked
pursuant to this order.
(b) I hereby determine that the making of donations of the
type of articles specified in section 203(b)(2) of IEEPA (50
U.S.C. 1702(b)(2)) by, to, or for the benefit of, any person
whose property or interests in property are blocked pursuant to
paragraph (a) of this section would seriously impair my ability
to deal with the national emergency declared in this order, and
I hereby prohibit such donations as provided by paragraph (a)
of this section.
(c) The prohibitions in paragraph (a) of this section
include, but are not limited to,
(i) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit
of, any person whose property or interests in property
are blocked pursuant to this order, and
(ii) the receipt of any contribution or provision of
funds, goods, or services from any such person.
Sec. 2. Except to the extent provided in regulations,
orders, directives, or licenses that may be issued pursuant to
this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of
this order, the direct or indirect importation into the United
States of any round log or timber product originating in
Liberia is prohibited.
Sec. 3. (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 4. For purposes of this order: (a) the term ``person''
means an individual or entity;
(b) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction within
the United States (including foreign branches), or any person
in the United States; and
(d) the term ``round log or timber product'' means any
product classifiable in Chapter 44 of the Harmonized Tariff
Schedule of the United States.
Sec. 5. For those persons whose property and interests in
property are blocked pursuant to section 1 of this order who
might have a constitutional presence in the United States, I
find that because of the ability to transfer funds or other
assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in this order, there need be no prior notice of a
listing or determination made pursuant to section 1 of this
order.
Sec. 6. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA and
UNPA as may be necessary to carry out the purposes of this
order. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United
States Government, consistent with applicable law. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order and, where appropriate, to advise the
Secretary of the Treasury in a timely manner of the measures
taken.
Sec. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to submit the
recurring and final reports to the Congress on the national
emergency declared in this order, consistent with section
401(c) of NEA, 50 U.S.C. 1641(c), and section 204(c) of IEEPA,
50 U.S.C. 1703(c).
Sec. 8. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to determine,
subsequent to the issuance of this order, that circumstances no
longer warrant the inclusion of a person in the Annex to this
order and that the property and interests in property of that
person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 9. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its
officers or employees, or any other person.
Sec. 10. This order is effective at 12:01 a.m. eastern
daylight time on July 23, 2004.
Sec. 11. This order shall be transmitted to the Congress
and published in the Federal Register.
(x) Blocking Property of Persons Undermining Democratic Processes or
Institutions in Zimbabwe
Executive Order 13288, March 6, 2003, 68 F.R. 11457, 50 U.S.C. 1701
note; as amended by Executive Order 13391, November 22, 2005, 70 F.R.
71201
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, GEORGE W. BUSH, President of the United States of
America, have determined that the actions and policies of
certain members of the Government of Zimbabwe and other persons
to undermine Zimbabwe's democratic processes or institutions,
contributing to the deliberate breakdown in the rule of law in
Zimbabwe, to politically motivated violence and intimidation in
that country, and to political and economic instability in the
southern African region, constitute an unusual and
extraordinary threat to the foreign policy of the United
States, and I hereby declare a national emergency to deal with
that threat.\1\
---------------------------------------------------------------------------
\1\ The national emergency with respect to Zimbabwe was continued
by Presidential Notice on March 2, 2004 (69 F.R. 10313) and on March 2,
2005 (70 F.R. 19859).
---------------------------------------------------------------------------
I hereby order:
Section 1.\2\ (a) Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
and (4)), and in regulations, orders, directives, or licenses
that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted
prior to the effective date of this order, all property and
interests in property of the following persons, that are in the
United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of
United States persons, including their overseas branches, are
blocked and may not be transferred, paid, exported, withdrawn,
or otherwise dealt in:
---------------------------------------------------------------------------
\2\ Sec. 2 of Executive Order 13391 (70 F.R. 71201) redesignated
sec. 6 as sec. 8, struck out secs. 1 through 5, and inserted in lieu
thereof new secs. 1 though 7.
---------------------------------------------------------------------------
(i) the persons listed in the Annex to this order;
and
(ii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State:
(A) to have engaged in actions or policies to
undermine Zimbabwe's democratic processes or
institutions;
(B) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
in support of, such actions or policies or any
person whose property and interests in property
are blocked pursuant to this order;
(C) to be or have been an immediate family
member of any person whose property and
interests in property are blocked pursuant to
this order; or
(D) to be owned or controlled by, or acting
or purporting to act for or on behalf of,
directly or indirectly, any person whose
property and interests in property are blocked
pursuant to this order.
(b) I hereby determine that the making of donations of the
type of articles specified in section 203(b)(2) of IEEPA (50
U.S.C. 1702(b)(2)) by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to paragraph (a) of this section would seriously impair my
ability to deal with the national emergency declared in this
order, and I hereby prohibit such donations as provided by
paragraph (a) of this section.
(c) The prohibitions in paragraph (a) of this section
include but are not limited to (i) the making of any
contribution or provision of funds, goods, or services by, to,
or for the benefit of any person whose property and interests
in property are blocked pursuant to this order, and (ii) the
receipt of any contribution or provision of funds, goods, or
services from any such person.
Sec. 2.\2\ (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 3.\2\ For the purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization; and
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States.
Sec. 4.\2\ For those persons whose property and interests
in property are blocked pursuant to this order who might have a
constitutional presence in the United States, I find that,
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to this order would render these measures
ineffectual. I therefore determine that, for these measures to
be effective in addressing the national emergency declared in
this order, there need be no prior notice of a listing or
determination made pursuant to section 1(a) of this order.
Sec. 5.\2\ The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA, as
may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government,
consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of
this order and, where appropriate, to advise the Secretary of
the Treasury in a timely manner of the measures taken.
Sec. 6.\2\ The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to determine,
subsequent to the issuance of this order, that circumstances no
longer warrant the inclusion of a person in the Annex to this
order and that the property and interests in property of that
person are therefore no longer blocked pursuant to section 1(a)
of this order.
Sec. 7.\2\ This order is not intended to create, nor does
it create, any right, benefit, or privilege, substantive or
procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or
any other person.
Sec. 8.\2\ (a) This order is effective at 12:01 eastern
standard time on March 7, 2003; and
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
6. Johnson Act--Financial Transactions With Foreign Governments \1\
Partial text of Public Law 80-772 [H.R. 3190], 62 Stat. 744, approved
June 25, 1948; amended by Public Law 103-322 [Violent Crime Control and
Law Enforcement Act of 1994; H.R. 3355], 108 Stat. 1796, approved
September 13, 1994
* * * * * * *
Whoever, within the United States, purchases or sells the
bonds, securities, or other obligations of any foreign
government or political subdivision thereof or any organization
or association acting for or on behalf of a foreign government
or political subdivision thereof, issued after April 13, 1934,
or makes any loan to such foreign government, political
subdivision, organization or association, except a renewal or
adjustment of existing indebtedness, while such government,
political subdivision, organization or association, is in
default in the payment of its obligations, or any part thereof,
to the United States, shall be fined under this title \2\ or
imprisoned for not more than five years, or both.
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\1\ 18 U.S.C. 955. For text of Foreign Agents Registration Act of
1938, as amended (Public Law 75-583), see Legislation on Foreign
Relations Through 2005, vol. IV, sec. N.
For text of Logan Act--Private correspondence with foreign
governments (Public Law 80-772), see Legislation on Foreign Relations
Through 2005, vol. IV, sec. N.
Sec. 902 of the FREEDOM Support Act (Public Law 102-511; 106 Stat.
3355) provided the following:
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``sec. 902. johnson act.
---------------------------------------------------------------------------
``Section 955 of title 18, United States Code, shall not apply with
respect to any obligations of the former Soviet Union, or any of the
independent states of the former Soviet Union, or any political
subdivision, organization, or association thereof.''.
\2\ Sec. 330016(1)(L) of Public Law 103-322 (108 Stat. 2147) struck
out ``not more than $10,000'' and inserted in lieu thereof ``under this
title''.
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This section is applicable to individuals, partnerships,
corporations, or associations other than public corporations
created by or pursuant to special authorizations of Congress,
or corporations in which the United States has or exercises a
controlling interest through stock ownership or otherwise.
While any foreign government is a member both of the
International Monetary Fund and of the International Bank for
Reconstruction and Development, this section shall not apply to
the sale or purchase of bonds, securities, or other obligations
of such government or any political subdivision thereof or of
any organization or association acting for or on behalf of such
government or political subdivision, or to making of any loan
to such government, political subdivision, organization, or
association.
* * * * * * *
7. Foreign Investment in the United States
a. Foreign Investment Study Act of 1974
Public Law 93-479 [S. 2840], 88 Stat. 1450, approved October 26, 1974
\1\
AN ACT To authorize the Secretary of Commerce and the Secretary of the
Treasury to conduct a study of foreign direct and portfolio investment
in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Foreign Investment Study Act of
1974''.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78b note.
---------------------------------------------------------------------------
Sec. 2. The Secretary of the Treasury and the Secretary of
Commerce are hereby authorized and directed to conduct a
comprehensive, overall study of foreign direct and portfolio
investments in the United States.
Sec. 3. The Departments of Commerce and Treasury, in
consultation with appropriate agencies, shall determine the
definitions and limitations of direct and portfolio investments
for the (purposes of the study authorized in section 2 of this
Act.
Sec. 4. In carrying out the study described in section 2 of
this Act, the Secretary of Commerce and the Secretary of the
Treasury shall, respectively and jointly as may be
appropriate--
(1) identify and collect such information as may be
required to carry out the study authorized in section 2
of this Act;
(2) consult with and secure information from (and
where appropriate the views of) representatives of
industry, the financial community, labor, agriculture,
science and technology, academic institutions, public
interest organizations, and such other groups as the
Secretaries deem suitable; and
(3) consult and cooperate with other government
agencies, Federal, State, and local, and, to the extent
appropriate, with foreign governments and international
organizations.
Sec. 5. The Secretary of Commerce shall carry out that part
of the study authorized in section 2 of this Act relating to
foreign direct investment, and shall, among other things, to
the extent he determines feasible, specifically--
(1) investigate and review the nature, scope,
magnitude, and rate of foreign direct investment
activities in the United States;
(2) survey the reasons foreign firms are undertaking
direct investment in the United States;
(3) identify the processes and mechanisms through
which foreign direct investment flows into the United
States, the financing methods used by foreign direct
investors, and the effects of such financing on
American financial markets;
(4) analyze the scope and significance of foreign
direct investment in acquisitions and takeovers of
existing American enterprises, the significance of such
investments in the form of new facilities or joint
ventures with American firms, and the effects thereof
on domestic business competition;
(5) analyze the concentration and distribution of
foreign direct investment in specific geographic areas
and economic sectors;
(6) analyze the effects of foreign direct investment
on United States national security, energy, natural
resources, agriculture, environment, real property
holdings, balance of payments, balance of trade, the
United States international economic position, and
various significant American product markets;
(7) analyze the effect of foreign direct investment
in terms of employment opportunities and practices and
the activities and influence of foreign and American
management executives employed by foreign firms;
(8) analyze the effect of Federal, regional, State,
and local laws, rules, regulations, controls, and
policies on foreign direct investment activities in the
United States.
(9) compare the purpose and effect of United States,
State, and local laws, rules, regulations, programs,
and policies on foreign direct investment in the United
States with laws, rules, regulations, programs, and
policies of selected nations and areas where such
comparison may be informative;
(10) compare and contrast the foreign direct
investment activities in the United States with the
investment activities of American investors abroad and
appraise the impact of such American activities abroad
on the investment activities and policies of foreign
firms in the United States;
(11) study the adequacy of information, disclosure,
and reporting requirements and procedure;
(12) determine the effects of variations between
accounting, financial reporting, and other business
practices of American and foreign investors on foreign
investment activities in the United States; and
(13) study and recommend means whereby information
and statistics on foreign direct investment activities
can be kept current.
Sec. 6. The Secretary of the Treasury shall carry out that
part of the study authorized in section 2 of this Act relating
to foreign portfolio investment, and shall, to the extent he
determines feasible, specifically--
(1) investigate and review the nature, scope, and
magnitude of foreign portfolio investment activities in
the United States;
(2) survey the reasons for foreign portfolio
investment in the United States;
(3) identify the processes and mechanisms through
which foreign portfolio investment is made in the
United States, the financing methods used, and the
effects of foreign portfolio investment on American
financial markets;
(4) analyze the effects of foreign portfolio
investment on the United States balance of payments and
the United States international investment position;
(5) study and analyze the concentration and
distribution of foreign portfolio investment in
specific United States economic sectors;
(6) study the effect of Federal securities laws,
rules, regulations, and policies on foreign portfolio
investment activities in the United States;
(7) compare the purpose and effect of United States,
State, and local laws, rules, regulations, programs,
and policies on foreign portfolio investment in the
United States with laws, rules, regulations, programs,
and policies of selected nations and areas where such
comparison may be informative;
(8) compare the foreign portfolio investment
activities in the United States with information
available on the portfolio investment activities of
American investors abroad;
(9) study adequacy of information, disclosures, and
reporting requirements and procedures; and
(10) study and recommend means whereby information
and statistics on foreign portfolio investment
activities can be kept current.
powers
Sec. 7. (a) The Secretary of Commerce and the Secretary of
the Treasury may each by regulation establish whatever rules
each deems necessary to carry out each of his functions under
this Act.
(b) Each such Secretary may require any person subject to
the jurisdiction of the United States--
(1) to maintain a complete record of any information
(including journals or other books of original entry,
minute books, stock transfer records, lists of
shareholders, or financial statements) which such
Secretary determines is germane to his functions in the
foreign direct investment and foreign portfolio
investment studies to be conducted pursuant to this
Act; and
(2) to furnish under oath any report containing
whatever information such Secretary determines is
necessary to carry out his functions in such studies.
Whenever an order under clause (2) of this subsection
requires a person to produce information which can be
specifically identified as being part of the records of
its customers, the Secretary shall, upon being provided
the names and addresses of such customers, send a
notice to such customers that information from their
records will be disclosed pursuant to this Act;
Provided, That this requirement shall not apply when
such person is directly involved in the ownership or
management of assets for the customer as nominee,
agent, partner, fiduciary, trustee, or in a similar
relationship.
The authority of each Secretary under this subsection shall
expire on the date provided under section 10 of this Act for
the Secretary of Commerce and the Secretary of the Treasury to
submit a full and complete report to the Congress.
(c) In addition to the Secretary of Commerce and the
Secretary of the Treasury, the only individuals who may have
access to information furnished under subsection (b)(2) are
those sworn employees, including consultants, of the Department
of Commerce or Department of the Treasury designated by the
Secretary of either such Department. Neither such Secretary nor
any such employee may--
(1) use any information furnished under subsection
(b)(2) except for analytical or statistical purposes
with the United States Government; or
(2) publish, or make available to any other person in
any manner, any such information in a manner that the
information furnished under subsection (b)(2) by any
person can be specifically identified, except for the
purposes of a proceeding under section 8.
Such Secretaries may exchange any such information furnished
under subsection (b)(2) in order to prevent any duplication or
omission in the studies conducted by each such Secretary
pursuant to this Act.
(d) Except for the requirement under subsection (b)(2), no
agency of the United States or employee thereof may compel (1)
the Secretary of Commerce or the Secretary of the Treasury, (2)
any individual designated by either such Secretary under the
first sentence of subsection (c), or (3) any person which
maintained or furnished any report under subsection (b), to
submit any such report or constituent part thereof to that
agency or any other agency of the United States. Without the
prior written consent of the person which maintained or
furnished any report under subsection (b) and without the prior
written consent of the customer, where the person maintained or
furnished any such report which included information
identifiable as being derived from the records of such
customer, such report or any such constituent part may not be
produced for any judicial or administrative proceeding, except
for a proceeding under section 8(b) of this Act.
enforcement
Sec. 8. (a) Whoever fails to furnish any information
required pursuant to the authority of this Act, whether
required to be furnished in the form of a report or otherwise,
or to comply with any rule, regulation, order, or instruction
promulgated pursuant to the authority of this Act may be
assessed a civil penalty not exceeding $10,000 in a proceeding
brought under subsection (b) of this section.
(b) Whenever it appears to either the Secretary of the
Treasury or the Secretary of Commerce that any person has
failed to furnish any information required pursuant to the
provisions of this Act, whether required to be furnished in the
form of a report or otherwise, or has failed to comply with any
rule, regulation, order, or instruction promulgated pursuant to
the authority of this Act, such Secretary may in his discretion
bring an action, in the proper district court of the United
States or the proper United States court of any territory or
other place subject to the jurisdiction of the United States,
seeking a mandatory injunction commanding such person to comply
with such rule, regulation, order, or instruction, and upon a
proper showing by such Secretary of the relevance to the
purposes of the Act of such rule, regulation, order, or
instruction, a permanent or temporary injunction or restraining
order shall be granted without bond, and such person, may also
be subject to the civil penalty provided in subsection (a) of
this section if the judge finds that such penalty is necessary
to obtain compliance with such injunction or restraining order.
(c) Whoever willfully fails to submit any information
required pursuant to this Act, whether required to be furnished
in the form of a report or otherwise, or willfully violates any
rule, regulation, order, or instruction promulgated pursuant to
the authority of this Act shall, upon conviction, be fined not
more than $10,000 or, if a natural person, may be imprisoned
for not more than one year or both; and any officer, director,
or agent of any corporation who knowingly participates in such
violation may be punished by a like fine, imprisonment, or
both.
Sec. 9. (a) The Secretary of Commerce and the Secretary of
the Treasury may procure the temporary or intermittent services
of experts and consultants in accordance with the provisions of
section 3109 of title 5, United States Code. Persons so
employed shall receive compensation at a rate to be fixed by
the Secretaries concerned but not in excess of the maximum
amount payable under such section. While away from his home or
regular place of business and engaged in the performance of
services for the Department of Commerce or the Department of
the Treasury in conjunction with the provisions of this Act,
any such person may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by section 5703(b)
of title 5, United States Code, for persons in the Government
service employed intermittently.
(b) The Secretary of Commerce and the Secretary of the
Treasury are authorized, on a reimbursable basis when
appropriate, to use the available services, equipment,
personnel, and facilities of any agency or instrumentality of
the Federal Government in conjunction with the study authorized
in this Act.
Sec. 10. The Secretary of Commerce and the Secretary of the
Treasury shall submit to the Congress an interim report twelve
months after the date of enactment of this Act, and not later
than one and one-half years after enactment of this Act, a full
and complete report of the findings made under the study
authorized by this Act, together with such recommendations as
they consider appropriate.
Sec. 11. There is authorized to be appropriated a sum not
to exceed $3,000,000 to carry out the purposes of this Act. Any
funds so appropriated shall remain available until expended.
b. International Investment and Trade in Services Survey Act
Public Law 94-472 [S. 2839], 90 Stat. 2059, approved October 11, 1976;
as amended by Public Law 95-381 [S. 2028], 92 Stat. 726, approved
September 22, 1978; Public Law 96-72 [Export Administration Act of
1979; S. 737], 93 Stat. 503, approved September 29, 1979; Public Law
97-33 [S. 1104], 95 Stat. 170, approved August 7, 1981; Public Law 97-
70 [S. 1687], 95 Stat. 1045, approved October 26, 1981; Public Law 98-
573 [Trade and Tariff Act of 1984; H.R. 3398], 98 Stat. 2948, approved
October 30, 1984; and Public Law 101-533 [Foreign Direct Investment and
International Financial Data Improvements Act of 1990; S. 2516], 104
Stat. 2344, approved November 7, 1990
AN ACT To supplement the authority of the President to collect regular
and periodic information on international investment.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Investment and Trade in Services Survey Act''.\1\
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\1\ Sec. 306(b)(1) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3009) redesignated this Act
as the ``International Investment and Trade in Services Survey Act''.
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findings and purpose
Sec. 2.\2\ (a) The Congress finds and declares that--
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\2\ 22 U.S.C. 3101.
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(1) the United States Government is presently
authorized to collect limited amounts of information on
United States investment abroad and foreign investment
in the United States.
(2) international investment has increased rapidly
within recent years;
(3) such investment significantly affects the
economies of the United States and other nations;
(4) international efforts to obtain information on
the activities of multinational enterprises and other
international investors have accelerated recently;
(5) the potential consequences of international
investment cannot be evaluated accurately because the
United States Government lacks sufficient information
on such investment and its actual or possible effects
on the national security, commerce, employment,
inflation, general welfare, and foreign policy of the
United States;
(6) accurate and comprehensive information on
international investment is needed by the Congress to
develop an informed United States policy on such
investment;
(7) \3\ United States service industries engaged in
interstate and foreign commerce account for a
substantial part of the labor force and gross national
product of the United States economy, and such commerce
is rapidly increasing;
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\3\ Sec. 306(b)(2) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3009) redesignated existing
para. (7) as para. (9), and added new paras. (7) and (8).
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(8) \3\ international trade and services is an
important issue for international negotiations and
deserves priority in the attention of governments,
international agencies, negotiators, and the private
sector; and
(9) \3\ existing estimates of international
investment and trade in services,\4\ collected under
existing legal authority, are limited in scope and are
based on outdated statistical bases, reports, and
information which are insufficient for policy
formulation and decisionmaking.
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\4\ Sec. 306(b) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3009) added the words ``or
trade in services''.
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(b) It is therefore the purpose of this Act to provide
clear and unambiguous authority for the President to collect
information on international investment and United States
foreign trade in services, whether directly or by affiliates,
including related information necessary for assessing the
impact of such investment and trade,\5\ to authorize the
collection and use of information on direct investments owned
or controlled directly or indirectly by foreign governments or
persons,\6\ and to provide analyses of such information to the
Congress, the executive agencies, and the general public. It is
the intent of the Congress that information which is collected
from the public under this Act be obtained with a minimum
burden on business and other respondents and with no
unnecessary duplication of effort, consistent with the national
interest in obtaining comprehensive and reliable information on
international investment and trade in services,\4\
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\5\ Sec. 306(b)(2) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3010) added the words to this
point beginning with ``and United States foreign trade in services,''.
\6\ Sec. 6(A) of the Foreign Direct Investment and International
Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
2348), added text to this point beginning with ``to authorize the
collection''.
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(c) Nothing in this Act is intended to restrain or deter
foreign investment in the United States, United States
investment abroad, or trade in services.\4\
definitions
Sec. 3.\7\ As used in this Act, the term--
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\7\ 22 U.S.C. 3102.
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(1) ``United States'', when used in a geographic
sense, means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Canal
Zone, and all territories and possessions of the United
States;
(2) ``foreign'', when used in a geographic sense,
means that which is situated outside the United States
or which belongs to or is characteristic of a country
other than the United States;
(3) ``person'' means any individual, branch,
partnership, associated group, association, estate,
trust, corporation, or other organization (whether or
not organized under the laws of any State), and any
government (including a foreign government, the United
States Government, a State or local government, and any
agency, corporation, financial institution, or other
entity or instrumentality thereof, including a
government-sponsored agency);
(4) ``United States person'' means any person
resident in the United States or subject to the
jurisdiction of the United States;
(5) ``foreign person'' means any person resident
outside the United States or subject to the
jurisdiction of a country other than the United States;
(6) ``business enterprise'' means any organization,
association, branch, or venture which exists for
profit-making purposes or to otherwise secure economic
advantage, and any ownership of any real estate;
(7) ``parent'' means a person of one country who,
directly or indirectly, owns or controls 10 per centum
or more of the voting stock of an incorporated business
enterprise, or an equivalent ownership interest in an
unincorporated business enterprise, which is located
outside that country;
(8) ``affiliate'' means a business enterprise located
in one country which is directly or indirectly owned or
controlled by a person of another country to the extent
of 10 per centum or more of its voting stock for an
unincorporated business or an equivalent interest for
an unincorporated business, including a branch;
(9) ``international investment'' means (A) the
ownership or control, directly or indirectly, by
contractual commitment or otherwise, by foreign persons
of any interest in property in the United States, or of
stock, other securities, or short- and long-term debt
obligations of a United States person, and (B) the
ownership or control, directly or indirectly, by
contractual commitment or otherwise, by United States
persons of any interest in property outside the United
States, or of stock, other securities, or short- and
long-term debt obligations or a foreign person;
(10) ``direct investment'' means the ownership or
control, directly or indirectly, by one person of 10
per centum or more of the voting securities of an
incorporated business enterprise or an equivalent
interest in an unincorporated business enterprise; and
(11) ``portfolio investment'' means any international
investment which is not direct investment.
authority and duties
Sec. 4.\8\ (a) The President shall, to the extent he deems
necessary and feasible--
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\8\ 22 U.S.C. 3103.
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(1) conduct a regular data collection program to
secure current information on international capital
flows and other information related to international
investment and trade in services,\4\ including (but not
limited to such information as may be necessary for
computing and analyzing the United States balance of
payments), the employment and taxes of United States
parents and affiliates, and the international
investment and trade in services \4\ position of the
United States;
(2) conduct such studies and surveys as may be
necessary to prepare reports in a timely manner on
specific aspects of international investment and trade
in services \4\ which may have significant implications
for the economic welfare and national security of the
United States;
(3) study the adequacy of information, disclosure,
and reporting requirements and procedures relating to
international investment and trade in services; \4\
recommend necessary improvements in information
recording, collection, and retrieval and in statistical
analysis and presentation; \9\ and report periodically
to the Committees on Finance, Foreign Relations and
Commerce of the Senate and the Committees on Ways and
Means, Energy and Commerce, and Foreign Affairs,\10\ of
the House of Representatives on national and
international developments with respect to laws and
regulations affecting international investment and
trade in services; \4\
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\9\ Sec. 306(b)(4) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3010) struck out ``relating
to international investment'' that previously appeared at this point.
\10\ Sec. 306(b)(3) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3010) added references to the
Committees on Finance, Ways and Means, and Energy and Commerce.
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(4) \11\ conduct (not more frequently than once every
five years and in addition to any other surveys
conducted pursuant to paragraphs (1) and (2) benchmark
surveys with respect to trade in services between
unaffiliated United States persons and foreign persons;
and
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\11\ Sec. 306(b)(4) of the International Trade and Investment Act
(title III of Public Law 98-573; 8 Stat. 3010) redesignated existing
para. (4) as para. (5), and added a new para. (4).
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(5) \11\ publish for the use of the general public
and United States Government agencies periodic,
regular, and comprehensive statistical information
collected pursuant to this subsection and to the
benchmark surveys conducted pursuant to subsections (b)
and (c), including, with respect to foreign direct
investment in the United States, information on
ownership by foreign government of United States
affiliates by country, and tables, on an aggregated
basis, of business enterprises the ownership or control
of which by foreign persons is more than 50 percent of
the voting securities or other evidences of ownership
of such enterprises, and business enterprises the
ownership or control of which by foreign persons is 50
percent or less of the voting securities or other
evidences of ownership of such enterprises.\12\
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\12\ Sec. 6(b) of the Foreign Direct Investment and International
Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
2348), added text to this point beginning with ``, including, with
respect to''.
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(b) With respect to foreign direct investment in the United
States, the President shall conduct a benchmark survey covering
\13\ year 1980, a benchmark survey covering \13\ year 1987, and
benchmark surveys covering every fifth year thereafter. With
respect to United States direct investment abroad, the
President shall conduct a benchmark survey covering \13\ year
1989, and benchmark surveys covering every fifth year
thereafter. In conducting surveys pursuant to this subsection,
the President shall,\14\ among other things and to the extent
he determines necessary and feasible--
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\13\ Public Law 97-70 (95 Stat. 1045) struck out ``calendar''
preceding ``year 1987''.
\14\ Sec. 1 of Public Law 97-33 (95 Stat. 170) amended and restated
subsec. (b) to this point. Former text had required a survey at least
every 5 years for both U.S. direct investment abroad and foreign direct
investment in the United States.
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(1) identify the location, nature, and magnitude of,
and changes in total investment by any parent in each
of its affiliates and the financial transactions
between any parent and each of its affiliates;
(2) obtain (A) information on the balance sheets of
parents and affiliates and related financial data, (B)
income statements, including the gross sales by primary
line of business (with as much product line detail as
is necessary and feasible) of parents and affiliates in
each country in which they have significant operations,
and (C) related information regarding trade (including
trade in both goods and services) \15\ between a parent
and each of its affiliates and between each parent or
affiliate and any other person;
---------------------------------------------------------------------------
\15\ Sec. 306(b)(4) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3010) inserted ``(including
trade in both goods and services)''.
---------------------------------------------------------------------------
(3) collect employment data showing both the number
of United States and foreign employees of each parent
and affiliate and the levels of compensation, by
country, industry, and skill level;
(4) obtain information on tax payments by parents and
affiliates by country; and
(5) determine, by industry and country, the total
dollar amount of research and development expenditures
by each parent and affiliate, payments or other
compensation for the transfer of technology between
parents and their affiliates, and payments or other
compensation received by parents or affiliates from the
transfer of technology to other persons.
(c)(1) The President shall conduct a comprehensive
benchmark survey of foreign portfolio investment in the United
States at least once every five years and, for such purposes,
shall (among other things and to the extent he determines
necessary and feasible) determine the magnitude and aggregate
value of portfolio investment, form of investments, types of
investors, nationality of investors and recorded residence of
foreign private holders, diversification of holdings by
economic sector, and holders of record.
(2) \16\ In addition to the benchmark surveys conducted
pursuant to paragraph (1), the President shall annually compile
currently available data on United States portfolio investment
abroad including items such as data on the magnitude and
aggregate value of portfolio investment, form of investments,
types of investors, nationality of investors and recorded
residence of private holders, diversification of holdings by
economic sector, and holders of record. The President shall
submit an analysis of such data to the Congress not later than
the first day of July each year.
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\16\ Sec. 2 of Public Law 97-33 (95 Stat. 170) amended and restated
para. (2). Former text required a survey of U.S. portfolio investment
abroad to be submitted to Congress on October 11, 1981, together with a
report on the feasibility and desirability of conducting such surveys
on a periodic basis.
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(d) The President shall conduct a study of the feasibility of
establishing a system to monitor foreign direct investment in
agricultural, rural, and urban real property, including the
feasibility of establishing a nationwide multipurpose land data
system, and shall submit to the Congress an interim report of
his findings and conclusions not later than two years after the
date of enactment of this Act and a final report of such
findings and conclusions not later than three years after such
date of enactment.\17\
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\17\ The final version of this report was originally due in 2
years. Sec. 2 of Public Law 95-381 (92 Stat. 726) added the requirement
for an interim report and extended the due date for the final report to
3 years.
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(e) \18\ The Secretary of Commerce shall prepare a report on
the estimated cost of monitoring and compiling data on
legislation enacted by the major trading partners of the United
States, and such other foreign nations as the Secretary deems
appropriate, which regulates or restricts foreign inward
investment in such foreign nations.
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\18\ Sec. 3 of Public Law 97-33 (95 Stat. 170) redesignated
subsecs. (e) and (f) as subsecs. (f) and (g), respectively, and added a
new subsec. (e).
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(f) \18\ Activities shall be conducted so that information
obtained pursuant to this Act shall be timely and useful in the
development of policy with respect to international investment
and trade in services.\4\ Reporting and recordkeeping
requirements imposed under this Act shall be designed in order
to minimize costs to the extent feasible, consistent with
effective enforcement and the compilation of information
required by this Act. Reporting, recordkeeping, and
documentation requirements shall be periodically reviewed and
revised in the light of developments in the field of
information technology.
(g) \18\ In collecting information under this Act, the
President shall give due regard to the costs incurred by
persons supplying such information, as well as to the costs
incurred by the Government, and shall insure that the
information collected is only in such detail as is necessary to
fulfill the stated purposes for which the information is being
gathered.
(h) \19\ (1) The President, or the designee of the
President responsible for monitoring the impact of foreign
investment in the United States, coordinating implementation of
United States policy on investment, and investigating foreign
acquisitions under section 721 of the Defense Production Act of
1950 (50 App. U.S.C. 2170)), may request a report from the
Bureau of Economic Analysis of the Department of Commerce. When
such request is made in connection with an investigation under
such section 721, the report shall be provided within 14 days
after the request is made. When such request is not made in
connection with an investigation under such section 721, the
report shall be provided within 60 days after the request.
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\19\ Sec. 6(c) of the Foreign Direct Investment and International
Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
2348) added subsec. (h).
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(2) A report requested under paragraph (1) shall contain
the best available information on the extent of foreign direct
investment in a given industry, including a breakdown of total
investment in the industry, and any foreign government
investment in the industry, by country of the foreign owner,
and any other information that the Bureau of Economic Analysis
or such designee of the President considers relevant. The
industry information provided shall be at the most detailed
level available of Standard Industrial Classification, subject
to the requirements of section 5.
rules and regulations; access to information
Sec. 5.\20\ (a) The authorities and responsibilities under
this Act may be exercised through such rules and regulations as
may be necessary to carry out the purposes of this Act.
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\20\ 22 U.S.C. 3104.
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(b) Rules or regulations issued pursuant to this Act may
require any person subject to the jurisdiction of the United
States--
(1) to maintain a complete record of any information
(including journals or other books of original entry,
minute books, stock transfer records, lists of
shareholders, or financial statements) which is
essential to carrying out the \21\ surveys and studies
to be conducted under this Act; and
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\21\ Sec. 306(b)(5) of the International Trade and Investment Act
(title III of Public Law 98-573; 98 Stat. 3010) struck out
``international investment'' preceding ``surveys''.
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(2) to furnish, under oath, any report containing
information which is determined to be necessary to
carry out the \21\ surveys and studies conducted under
this Act.
When a report under paragraph (2) is furnished under oath, such
oath shall be by the officer of such person who is directly
responsible for the maintenance and compilation of such
information, and shall certify that the report was prepared in
accordance with this Act, is complete, and is to such officer's
best knowledge and belief, substantially accurate, except in a
case in which, in accordance with rules and regulations issued
under this Act, estimates have been provided because data are
not available from customary accounting records or precise data
could not be obtained without undue burden, and the data
subject to such estimates has been noted in the report.\22\
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\22\ Sec. 7(a) of the Foreign Direct Investment and International
Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
2349) added this sentence.
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(c) Access to information obtained under subsection (b)(2)
of this section shall be available only to officials or
employees designated to perform functions under this Act,
including consultants and persons working on contracts awarded
pursuant to this Act. Subject to the limitation of paragraph
(1) of this subsection, the President may authorize the
exchange between agencies or officials designated by him of
information furnished by any person under this Act as he deems
necessary to carry out the purposes of this Act. Nothing in
this section shall be construed to require any Federal agency
to disclose to any official exercising authority under this Act
any information or report collected under legal authority other
than this Act where disclosure is prohibited by law.
Information collected pursuant to subsection (b)(2) may be used
only--
(1) for analytical or statistical purposes within the
United States Government; or
(2) for the purpose of a proceeding under subsection
(e) \23\ of this section or under section 6 (b) or (c).
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\23\ Sec. 6(e) of the Foreign Direct Investment and International
Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
2349), struck out ``(d)'' and inserted in lieu thereof ``(e)'' in
subsec. (c)(2); and inserted ``or (d)'' in subsec. (e), as conforming
amendments for the addition of new subsec. (d) and redesignation of
subsec. (d) to (e).
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No official or employee designated to perform functions
under this Act, including consultants and persons working on
contracts awarded pursuant to this Act, may publish or make
available to any other person any information collected
pursuant to subsection (b)(2) in a manner that the person who
furnished the information can be specifically identified except
as provided in this section. No person can compel the
submission or disclosure of any report or constituent part
thereof collected pursuant to this Act, or any copy of such
report or constituent part thereof, without the prior written
consent of the person who maintained or furnished such report
under subsection (b) and without prior written consent of the
customer, where the person who maintained or furnished such
report included information identifiable as being derived from
the records of such customer.
(d) \24\ The Bureau of the Census of the Department of
Commerce is authorized, for purposes of augmenting and
improving the quality of data collected by the Bureau of the
Census, to have, upon written request, access to data relating
to business enterprises that is collected directly by the
Bureau of Economic Analysis for purposes of this Act. The
Bureau of Labor Statistics of the Department of Labor is
authorized, for purposes of augmenting and improving the data
collected by the Bureau of Labor Statistics, to have access,
upon written request, to selected identification information on
business enterprises and data on international services
transactions, that is collected directly by the Bureau of
Economic Analysis for purposes of this Act. Officers and
employees of the Bureau of the Census and the Bureau of Labor
Statistics shall, for purposes of subsection (c), be deemed to
be officials or employees designated to perform functions under
this Act.
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\24\ Sec. 6(d) of the Foreign Direct Investment and International
Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
2349) redesignated subsec. (d) as (e), and added a new subsec. (d).
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(e) \24\ Any person who willfully violates subsection (c)
or (d) \23\ shall, upon conviction, be fined not more than
$10,000, in addition to any other penalty imposed by law.
enforcement
Sec. 6.\25\ (a) Whoever fails to furnish any information
required under this Act, whether required to be furnished in
the form of a report or otherwise, or to comply with any rule,
regulation, order, or instruction promulgated under this Act,
shall be subject to a civil penalty of not less than $2,500,
and not more than $25,000,\26\ in a proceeding brought under
subsection (b) of this section.
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\25\ 22 U.S.C. 3105.
\26\ Sec. 7(b) of the Foreign Direct Investment and International
Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
2349) struck out ``may be subject to a civil penalty not exceeding
$10,000'' and inserted in lieu thereof ``shall be subject to a civil
penalty of not less than $2,500, and not more than $25,000,''.
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(b) Whenever it appears that any person has failed to
furnish any information required under this Act, whether
required to be furnished in the form of a report or otherwise,
or has failed to comply with any rule, regulation, order, or
instruction promulgated under this Act, a civil action may be
brought in an appropriate district court of the United States,
or the appropriate United States court of any territory or
other place subject to the jurisdiction of the United States,
and such court may enter a restraining order or a permanent or
temporary injunction commanding such person to furnish such
information or to comply with such rule, regulation, order, or
instruction, as the case may be, or impose the civil penalty
provided in subsection (a) of this section, or both.
(c) Whoever willfully fails to submit any information
required under this Act, whether required to be furnished in
the form of a report or otherwise, or willfully violates any
rule, regulation, order, or instruction promulgated under this
Act, upon conviction, shall be fined not more than $10,000 and,
if an individual, may be imprisoned for not more than one year,
or both, and any officer, director, employee, or agent of any
corporation who knowingly participates in such violation, upon
conviction, may be punished by a like fine, imprisonment, or
both.
use of experts and administrative support services
Sec. 7.\27\ (a) Any official designated by the President to
carry out this Act may procure the temporary or intermittent
services of experts and consultants in accordance with the
provisions of section 3109 of title 5, United States Code.
Persons so employed shall receive compensation at a rate not in
excess of the maximum amount payable under such section. While
away from his home or regular place of business and engaged in
the performance of services in conjunction with the provisions
of this Act, any such person may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703(b) of title 5, United States Code, for persons in
the Government service employed intermittently.
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\27\ 22 U.S.C. 3106.
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(b) Any official designated by the President to carry out
this Act may use, on a reimbursable basis when appropriate (as
determined by the President), the available services,
equipment, personnel, and facilities of any agency or
instrumentality of the United States Government.
consultations \28\
Sec. 8.\28\ Officials performing functions pursuant to this
Act shall secure balanced, diverse, and responsible views from
qualified persons representing business, organized labor, and
the academic community and may, where appropriate, create such
independent public advisory committees as are necessary to
carry out the purposes of this Act.
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\28\ 22 U.S.C. 3107. Sec. 4 of Public law 97-33 (95 Stat. 171)
amended sec. 8 by deleting the words ``and reviews'' from the section
title, striking out ``(a)'' preceding ``Officials performing'', and
deleting subsec. (b). Subsec. (b) had directed the President to review
the results of any studies and surveys conducted pursuant to this act
and to report annually to Congress ``on any trends or developments
which may have national policy implications and which in the
President's opinion warrant the review of the respective committees.''.
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authorizations
Sec. 9.\29\ To carry out this Act, there are authorized to
be appropriated $4,400,000 for the fiscal year ending September
30, 1980, $4,500,000 for the fiscal year ending September 30,
1981, $4,000,000 for the fiscal year ending September 30, 1982,
and such sums as may be necessary for any subsequent fiscal
years.
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\29\ 22 U.S.C. 3108. Sec. 23 of the Export Administration Act of
1979 (Public Law 96-72; 93 Stat. 536) added the authorization figures
for fiscal years 1980 and 1981. Sec. 5 of Public Law 97-33 (95 Stat.
171) added the authorization for fiscal year 1982 and subsequent fiscal
years. Authorizations for previous years included: fiscal year 1978--
$1,000,000; fiscal year 1979--$4,000,000.
c. Foreign Direct Investment and International Financial Data
Improvements Act of 1990
Public Law 101-533 [S. 2516], 104 Stat. 2344, approved November 7,
1990; amended by Public Law 102-484 [National Defense Authorization Act
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
1992; Public Law 103-160 [National Defense Authorization Act for Fiscal
Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 1993;
Public Law 104-316 [General Accounting Office Act of 1996; H.R. 3864],
110 Stat. 3826, approved October 19, 1996; Public Law 106-261 [Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999; H.R.
3616], 112 Stat. 2136, approved October 17, 1998; and Public Law 108-
271 [GAO Human Capital Reform Act of 2004; H.R. 2751], 118 Stat. 811,
approved July 7, 2004
AN ACT To augment and improve the quality of international data
compiled by the Bureau of Economic Analysis under the International
Investment and Trade in Services Survey Act by allowing that agency to
share statistical establishment list information compiled by the Bureau
of the Census, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Foreign Direct Investment
and International Financial Data Improvements Act of 1990''.
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\1\ 22 U.S.C. 3141 note.
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SEC. 2.\2\ FINDINGS.
The Congress makes the following findings:
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\2\ 22 U.S.C. 3141.
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(1) The United States Government collects substantial
amounts of information from foreign owned or controlled
business enterprise or affiliates operating in the
United States.
(2) Additional analysis and presentation of this
information is desirable to assist the public debate on
the issue of foreign direct investments in the United
States.
(3) Information collected from foreign owned or
controlled firms by the Bureau of Economic Analysis has
serious analytical limitations because it is largely
collected on an ``enterprise'' basis that does not
permit an adequate analysis by industry groupings.
(4) Statistical and analytic comparisons of the
performance of foreign owned or controlled businesses
operating within the United States with other business
enterprises operating within the same industry can be
accomplished under sections 2(b) and 5(c) of the
International Investment and Trade in Services Survey
Act, and under Executive Order Numbered 11961, without
the need to collect additional information, by sharing
with other authorized Government agencies the employer
identification numbers maintained by the Bureau of
Economic Analysis.
(5) Public disclosures of confidential business
information collected by the United States Government
relating to international direct investment flows could
cause serious damage to the accuracy of the statistical
data base.
(6) The Government Accountability Office \3\ may have
limited access to Government data on foreign direct
investment.
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\3\ Sec. 8(b) of Public Law 108-271 provided that: ``Any reference
to the General Accounting Office in any law, rule, regulation,
certificate, directive, instruction, or other official paper in force
on the date of enactment of this Act shall be considered to refer and
apply to the Government Accountability Office.''
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SEC. 3.\4\ REPORT BY SECRETARY OF COMMERCE.
(a) Annual Report on Foreign Direct Investment in the
United States.--Not later than 6 months after the date of the
enactment of this Act, and not later than the end of each 1-
year period occurring thereafter, the Secretary of Commerce
shall submit to the Committee on Energy and Commerce, the
Committee on Ways and Means, and the Committee on Foreign
Affairs of the House of Representatives,\5\ to the Committee on
Commerce, Science, and Transportation of the Senate, and to the
Joint Economic Committee of the Congress a report on the role
and significance of foreign direct investment in the United
States. Such report shall address the history, scope, trends,
market concentrations, and effects on the United States economy
of such investment. In addition, the Secretary of Commerce
shall, if requested by any such committee, appear before that
committee to provide testimony with respect to any report under
this subsection.
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\4\ 22 U.S.C. 3142.
\5\ Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Energy and Commerce of the House of
Representatives shall be treated as referring to the Committee on
Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110
Stat. 187) further provided that any reference in any provision of law
enacted before January 4, 1995 to the House Committee on Energy and
Commerce shall be treated as referring to (1) the Committee on
Agriculture in the case of a provision relating to inspection of
seafood or seafood products; (2) the Committee on Banking and Financial
Services in the case of a provision relating to bank capital markets
activities or depository institution securities; or (3) the Committee
on Transportation and Infrastructure in the case of a provision
relating to railroads and railway labor issues.
Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(b) Sources of Data.--In preparing each report under
subsection (a), the Secretary of Commerce, or the Secretary's
designees, shall consider information collected by--
(1) the Bureau of Economic Analysis under the
International Investment and Trade in Services Survey
Act (22 U.S.C. 3101 and following);
(2) the Bureau of the Census on industry,
manufacturing, research and development, and trade,
under title 13, United States Code;
(3) the Bureau of Labor Statistics pertaining to
information collected under the International
Investment and Trade in Services Survey Act, but only
to the extent that such information is in a form that
cannot be associated with, or otherwise identify,
directly or indirectly, a person, including any
enterprise or establishment;
(4) the Secretary of Commerce or the Secretary's
designee pursuant to section 2 of Executive Order 11858
of May 7, 1975;
(5) the United States Department of Agriculture under
the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501 and following);
(6) the Department of the Treasury under section
6039C of the Internal Revenue Code of 1986 (26 U.S.C.
6039C), but only to the extent that such information is
in a form that cannot be associated with, or otherwise
identify, directly or indirectly, a person, including
any enterprise or establishment;
(7) the Department of Energy under section 657(8) of
the Department of Energy Organization Act (42 U.S.C.
7267(8)), but only to the extent that such information
is in a form that cannot be associated with, or
otherwise identify, directly or indirectly, a person,
including any enterprise or establishment;
(8) other Federal agencies not referred to in
paragraph (1) through (7), but only to the extent that
such information is in a form that cannot be associated
with, or otherwise identify, directly or indirectly, a
person, including any enterprise or establishment;
(9) foreign governments and agencies thereof; and
(10) private sector sources.
(c) Analyses.--(1) The analysis in each report prepared
under subsection (a) shall, to the extent of available data,
compare business enterprises controlled by foreign persons with
other business enterprises in the United States with respect to
employment, market share, value added, productivity, research
and development, exports, imports, profitability, taxes paid,
and investment incentives and services provided by State and
local governments (including quasi-governmental entities).
(2) Each such analysis shall be done by significant
industry sectors and geographical regions, except that
information shall not be presented in a way in which any
person, including any business enterprise or establishment, can
be identified. The restriction contained in the preceding
sentence on presentation of information does not apply to
information that is obtained from foreign governments or
agencies thereof and that has been published pursuant tot he
lawful disclosure of the information. To the extent that data
are available, each such analysis shall include an analysis,
together with current levels and trends, of the number and
market share of business enterprises at least 10 percent of the
voting securities or other evidences of ownership of which are
owned or controlled by a foreign person, and of the number and
market share of the establishments of such business
enterprises, that are engaged substantially in the production
or coproduction of any critical technologies identified in the
most recent assessment prepared under section 2505 of title
10,\6\ or included in the most recent report submitted to the
President under section 603 of the National Science and
Technology Policy, Organization, and Priorities Act of 1976.
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\6\ Sec. 1069(d)(2) of Public Law 105-261 (112 Stat. 2136) struck
out ``included in the most recent plan submitted to the Congress under
section 2506 of title 10'', and inserted in lieu thereof ``identified
in the most recent assessment prepared under section 2505 of title
10''. Previously, sec. 1182(d)(2) of Public Law 103-160 (107 Stat.
1773) struck out ``section 2522 of title 10'' and inserted in lieu
thereof ``section 2506 of title 10''. Previous to that, sec. 1054(f) of
Public Law 102-484 (106 Stat. 2503) struck out ``section 2368 of title
10'' and inserted in lieu thereof ``section 2522 of title 10''.
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SEC 4.\7\ REPORTS BY GENERAL ACCOUNTING OFFICE.
(a) In General.--The Comptroller General, to the extent
permitted by law, including section 8 of this Act, is
authorized to review the information described in section 3(b)
for purposes of preparing the reports referred to in \8\
subsection (b) of this section. Nothing in this section
authorizes disclosure of any individually identifiable data or
information in any form that can be associated with or
otherwise identify, directly or indirectly, any person,
including any enterprise or establishment.
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\7\ 22 U.S.C. 3143.
\8\ Sec. 111(c)(1) of Public Law 104-316 (110 Stat. 3833) struck
out ``report required under'' and inserted in lieu thereof ``reports
referred to in''.
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(b) \9\ Reports.--Consistent with the provisions of this
section, the Comptroller General may submit to the Committee on
Energy and Commerce, the Committee on Ways and Means, and the
Committee on Foreign Affairs of the House of
Representatives,\5\ to the Committee on Commerce, Science, and
Transportation of the Senate, and to the Joint Economic
Committee of the Congress reports-- \10\
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\9\ Sec. 111(c)(2)(A) of Public Law 104-316 (110 Stat. 3833) struck
out ``(b) Report.--Not later than 5 months after each report issued by
the Secretary of Commerce under section 3, the Comptroller General of
the United States shall submit'' and inserted in lieu thereof ``(b)
Reports.--Consistent with the provisions of this section, the
Comptroller General may submit''.
\10\ Sec. 111(c)(2)(B) of Public Law 104-316 (110 Stat. 3833)
struck out ``Congress, a report'' and inserted in lieu thereof
``Congress reports''.
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(1) analyzing reports issued by the Secretary of
Commerce under section 3; \11\
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\11\ Sec. 111(c)(2)(C) of Public Law 104-316 (110 Stat. 3833)
struck out ``the report of the Secretary of Commerce'' and inserted in
lieu thereof ``reports issued by the Secretary of Commerce under
section 3''.
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(2) making recommendations for changes in the
analysis done in the report due the following year
under section 3;
(3) making recommendations for improving the
collection by respective Federal agencies of data on
foreign direct investment in the United States,
including use of private sector data, and improving
survey questionnaires to obtain useful and consistent
information that avoids unnecessary redundancy among
Federal agencies;
(4) reviewing the status and processes for
reconciliation of data exchanged as required by this
Act and the amendments made by this Act, and making any
recommendations for improving and augmenting
international financial data;
(5) making recommendations for possible additional
policy coordination within the executive branch
affecting foreign direct investment in the United
States; and
(6) making recommendations for improvement of the
coverage, industry, classification, and consistency
among Federal agencies of their respective surveys.\12\
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\12\ Sec. 111(c)(2)(D) of Public Law 104-316 (110 Stat. 3833)
struck out a final sentence in the subsection following para. (6),
which had read: ``Reports under this subsection shall be issued only
with respect to the first 3 reports issued by the Secretary of Commerce
under section 3.''.
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(c) Other Reviews and Reports.--(1) The Comptroller General
may, to the extent permitted by law, including section 5(c) of
the International Investment and Trade in Services Survey Act
(22 U.S.C. 3104(c)) and section 8 of this Act, also review data
and information at the Bureau of the Census, the Bureau of
Labor Statistics, and the Bureau of Economic Analysis and from
time to time report to the Committee on Energy and Commerce,
the Committee on Ways and Means, and the Committee on Foreign
Affairs of the House of Representatives,\5\ to the Committee on
Commerce, Science, and Transportation of the Senate, and to the
Joint Economic Committee of the Congress.
(2) The Comptroller General shall, in carrying out
paragraph (1), comply with procedures relating to access to and
disclosure of data and information established within the
Federal statistical agencies referred to in paragraph (1), and
maintain any and all individually identifiable data and
information at the statistical agency where the information is
reviewed.
(d) Confidentiality; Review by Other Agencies.--In
preparing any report under this section, the Comptroller
General shall not--
(1) disclose any confidential business information or
present any information in a way in which any person,
including a business enterprise or establishment, can
be identified; or
(2) combine, match, or use in any other way
individually identifiable data or information
maintained by any of the Federal statistical agencies
referred to in subsection (c) with any other
individually identifiable confidential data or
information that is not collected by such statistical
agencies.
Before issuing any such report, the Comptroller General shall
in each instance submit the report to the head or heads of the
agency or agencies from which confidential or identifiable
information described in the preceding sentence was obtained.
The agency or agencies concerned shall promptly review the
report for the purpose of assuring that the confidentiality of
such information and identity is maintained, and for any other
purpose, and shall provide the Comptroller General with
appropriate comments or other suggestions within 10 working
days after receiving the report.
(e) Right of Access.--The access by the Comptroller General
to information under this Act shall be in conformity with
section 716 of title 31, United States Code.
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\13\ Sec. 5 amended title 13, U.S.C., by adding a new chapter 10,
sec. 401.
\14\ Secs. 6 and 7 amended the International Investment and Trade
in Service Survey Act.
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SEC. 5.\13\ ACCESS TO CENSUS DATA BY BUREAU OF ECONOMIC ANALYSIS. * * *
SEC. 6.\14\ AMENDMENTS TO THE INTERNATIONAL INVESTMENT AND TRADE IN
SERVICE SURVEY ACT. * * *
SEC. 7.\14\ ACCOUNTABILITY FOR TIMELY REPORTING. * * *
SEC. 8.\15\ ACCESS TO INFORMATION; CONFIDENTIALITY.
(a) Confidentiality.--(1) Those officers and employees who
have access to information under this Act to which the
provisions of section 9 of title 13, United States Code, apply
must have been sworn, as provided for in section 23(c) of such
title, to observe the limitations imposed by section 9(a) of
such title and to be subject to the provisions of section 214
of such title to the same extent as such section applies to
officers or employees of the Bureau of the Census.
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\15\ 22 U.S.C. 3144.
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(2) Only those officers and employees who have sworn to
observe the provisions of section 5(c) of the International
Investment and Trade in Service Survey Act (22 U.S.C. 3104(c))
may have access under this Act to information to which such
provisions apply, and such officers and employees are subject
to the penalties for improper disclosure of such information
provided in section 5(e) of that Act to the same extent as such
section applies to officers or employees designated to perform
functions under that Act.
(3) Those officers and employees referred to in paragraphs
(1) and (2) of this section shall be subject to any other
restriction or penalty imposed by law with respect to
disclosure of information to which such officers or employees
have access under this Act.
(b) Violations and Penalties.--Whoever is in possession of
information made available to any department or agency by
virtue of this Act or the amendments made by this Act and
discloses the information in any form which can be associated
with, or otherwise identify, any person, including any business
enterprise or establishment, shall be fined not less than
$2,500 nor more than $25,000 or imprisoned not more than 5
years, or both.
(c) Unlawful Access.--Whoever procures, by fraud,
misrepresentation, or other unlawful act, access to information
made available to any department or agency by virtue of this
Act or the amendments made by this Act shall be fined not less
than $2,500 nor more than $25,000 or imprisoned not more than 5
years, or both.
(d) Information Immune From Process.--Information obtained
under this Act shall be immune from legal process and shall not
be used as evidence or for any purpose in any Federal, State,
or local government action, suit, or other administrative or
judicial proceeding except as necessary to enforce requirements
imposed by law on the collection of information, to enforce the
provisions of subsections (b) and (c).
(e) Implementation.--(1) The Secretary of Commerce shall be
responsible for the implementation of the exchange of
information under this Act between the Bureau of the Census and
the Bureau of Economic Analysis, and shall resolve any
questions on access to information, data, or methodology that
may arise between the Bureau of the Census and the Bureau of
Economic Analysis, except that the Secretary shall not construe
this section in a manner which would prevent the augmentation
and improvement of the quality of international data collected
under the International Investment and Trade in Services Survey
Act. The Bureau of Economic Analysis and the Bureau of the
Census shall agree in writing to the data to be shared under
this Act.
(2) The Director of the Office of Management and Budget
shall be responsible for the implementation of the exchange of
information under this Act between the Bureau of Economic
Analysis and the Bureau of Labor Statistics, and shall resolve
any questions on access to information, data, or methodology
that may arise between the Bureau of Economic Analysis and the
Bureau of Labor Statistics, except that the Director shall not
construe this section in a manner which would prevent the
augmentation and improvement of the quality of international
data collected under the International Investment and Trade in
Services Survey Act.
SEC. 9.\16\ CONSTRUCTION OF THE ACT.
(a) In General.--Nothing in this Act or the amendments made
by this Act shall be construed to require any business
enterprise or any of its officers, directors, shareholders, or
employees, or any other person, to provide information beyond
that which is required before the enactment of this Act.
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\16\ 22 U.S.C. 3145.
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(b) Implementation.--All departments and agencies
implementing this Act and the amendments made by this Act
shall, with respect to surveys or questionnaires used in such
implementation--
(1) eliminate questions that are no longer necessary,
(2) cooperate with one another in order to ensure
that questions asked are consistent among the
departments and agencies, and
(3) develop new questions in order to obtain more
refined statistics and analyses,
consistent with the purposes of the provisions of law amended
by this Act and the Paperwork Reduction Act of 1980.
SEC. 10.\17\ DEFINITIONS.
For purposes of this Act--
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\17\ 22 U.S.C. 3146.
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(1) the terms ``foreign'', ``direct investment'',
``international investment'', ``United States'',
``business enterprise'', ``foreign person'', and
``United States person'', have the meaning given those
terms in section 3 of the International Investment and
Trade in Services Survey Act (22 U.S.C.3102); and
(2) the term ``foreign direct investment in the
United States'' means direct investment by foreign
persons in any business enterprise that is a United
States person.
d. International Investment and Trade in Services \1\
Executive Order 11961, January 19, 1977, 42 F.R. 4321, 22 U.S.C. 3101
note; as amended by Executive Order 12013, October 7, 1977, 42 F.R.
45931; Executive Order 12318, August 21, 1981, 46 F.R. 42833; and
Executive Order 12518, June 3, 1985, 50 F.R. 23661
By virtue of the authority vested in me by the
International Investment and Trade in Services Survey Act \1\
(90 Stat. 2059, 22 U.S.C. 3101), and section 301 of title 3 of
the United States Code, and as President of the United States
of America, it is hereby ordered as follows:
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\1\ Executive Order 12518 (50 F.R. 23661) redesignated this title
from ``Administration of the International Investment Survey Act of
1976''; substituted ``International Investment and Trade in Services
Survey Act'' for ``International Investment Survey Act of 1976''
wherever it appears; substituted ``(5)'' for ``(4)'' in sec. 2; added
``and trade in services'' after ``investment'' in sec. 3; and added
``(5)'' after ``(4)'' in sec. 3.
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Section 1. All the functions vested in the President by the
International Investment and Trade in Services Survey Act \1\
(90 Stat. 2059, 22 U.S.C. 3101), hereinafter referred to as the
Act, are hereby delegated to the Director of the Office of
Management and Budget, hereinafter referred to as the Director.
The Director may, from time to time, designate other officers
or agencies of the Federal Government to perform any or all of
the functions hereby delegated to the Director, subject to such
instructions, limitations, and directions as the Director deems
appropriate.
Sec. 2. Subject to the provisions of section 1 of this
order, and in the absence of any contrary delegation or
direction by the Director, the Secretary of the Treasury, with
respect to portfolio investment shall perform the functions set
forth in section 4(a) (1), (2), (5) \1\ and 4(c) of the Act.
Sec. 3. Subject to the provisions of section 1 of this
order, and in the absence of any contrary delegation or
direction by the Director, the Secretary of Commerce, with
respect to direct investment and trade in services \1\ shall
perform the functions set forth in sections 4(a) (1), (2), (4),
(5) \1\ and 4(b) of the Act.
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\2\ Sec. 4(b) of Executive Order 12318 (46 F.R. 42833) substituted
the text beginning with the words ``the Secretary of Commerce'' to this
point. Previously the text read ``the Secretary of Commerce shall
perform the functions set forth in Sections 4(a)(3) and 5(c) of the
Act''. Executive Order 12013 (42 F.R. 45931) deleted the original text,
which stated ``the Council on International Economic Policy shall
perform the function of making periodic reports to the Committees of
the Congress set forth in Section 4(a)(3) of the Act''.
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Sec. 4. Subject of the provisions of section 1 of this
order, and in the absence of any contrary delegation or
direction by the Director, the Secretary of Commerce shall
perform the function of making periodic reports to the
Committees of the Congress as set forth in Section 4(a)(3) of
the Act.\2\
e. Committee on Foreign Investment in the United States
Executive Order 11858, May 7, 1975, 40 F.R. 20263, 15 U.S.C. 78b note;
as amended by Executive Order 12188, January 2, 1980, 45 F.R. 989;
Executive Order 12661, December 27, 1988, 54 F.R. 779; Executive Order
12860, September 3, 1993, 58 F.R. 47201; and Executive Order 13287,
February 28, 2003, 68 F.R. 10619
By virtue of the authority vested in me by the Constitution
and statutes of the United States of America, including the Act
of February 14, 1903, as amended (15 U.S.C. 1501 et seq.),
section 10 of the Gold Reserve Act of 1934, as amended (31
U.S.C. 822a), and section 301 of the United States Code, and as
President of the United States of America, it is hereby ordered
as follows:
Section 1. (a) There is hereby established the Committee on
Foreign Investment in the United States (hereinafter referred
to as the Committee). The Committee shall be composed of \1\
the following:
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\1\ Sec. 3-201(B) of Executive Order 12661, December 27, 1988 (54
F.R. 779) struck out ``a representative, whose status is not below that
of an Assistant Secretary, designated by each of'' at this point.
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(1) The Secretary of State.
(2) The Secretary of the Treasury.
(3) The Secretary of Defense.
(4) The Secretary of Commerce.
(5) \2\ The United States Trade Representative.
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\2\ Sec. 1-105(f)(1) of Executive Order 12188 struck out ``The
Assistant to the President for Economic Affairs'' and inserted in lieu
thereof ``The United States Trade Representative''.
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(6) \3\ The Chairman of the Council of Economic
Advisers.
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\3\ Sec. 1-105(f)(2) of Executive Order 12188 struck out ``The
Executive Director of the Council on International Economic Policy''
and inserted in lieu thereof ``The Chairman of the Council of Economic
Advisers''.
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(7) \4\ The Attorney General.
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\4\ Sec. 3-201(F) of Executive Order 12661, December 27, 1988 (54
F.R. 779) added paras. (7) and (8). Subsequently, Sec. 57 of Executive
Order 13287, February 28, 2003 (68 F.R. 10629) redesignated para. (8)
as para. (9), and inserted ``(8) The Secretary of Homeland Security''.
Existing paras. (9) through (11) probably should have been redesignated
as well.
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(8) \4\ The Secretary of Homeland Security.
(9) \4\ The Director of the Office of Management and
Budget.
(9) \5\ the Director of the Office of Science and
Technology Policy.
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\5\ Sec. 1 of Executive Order 12860 (58 F.R. 47201) added paras.
(9), (10), and (11).
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(10) \5\ the Assistant to the President for National
Security Affairs.
(11) \5\ the Assistance to the President for Economic
Policy.
The \6\ Secretary of the Treasury shall be the chairman of
the Committee. The chairman, as he deems appropriate, may
invite representatives of other departments and agencies to
participate from time to time in activities of the Committee.
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\6\ Sec. 3-201(C) of Executive Order 12661, December 27, 1988 (54
F.R. 779) struck out ``representative of the'' at this point.
An Interim Presidential Directive Regarding Disposition of Certain
Mergers, Acquisitions, and Takeovers, October 26, 1988 (53 F.R. 43999,
November 1, 1988) designated the Secretary of the Treasury to perform
the functions of the President as defined by sec. 721 of the Defense
Production Act of 1950, as amended, and to consult with the Committee
on Foreign Investment in the United States, established here. Sec. 3-
201(G) of Executive Order 12661, December 27, 1988 (54 F.R. 779)
revoked this Interim Directive.
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(b) The Committee shall have primary continuing
responsibility within the executive branch for monitoring the
impact of foreign investment in the United States, both direct
and portfolio, and for coordinating the implementation of U.S.
policy on such investment. In fulfillment of this
responsibility, the Committee shall:
(1) arrange for the preparation of analyses of trends
and significant developments in foreign investments in
the United States;
(2) provide guidance on arrangements with foreign
governments for advance consultations on prospective
major foreign governmental investments in the United
States;
(3) review investments in the United States which, in
the judgment of the Committee, might have major
implications for U.S. national interests;
(4) consider proposals for new legislation or
regulations relating to foreign investment as may
appear necessary; and
(5) \7\ coordinate the views of the Executive Branch
and discharge the responsibilities with respect to
Section 721(a) and (e) of the Defense Production Act of
1950, as amended (50 U.S.C. App. 2061 et seq.)
(``Defense Production Act'').
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\7\ Sec. 3-201(D) of Executive Order 12661 (December 27, 1988; 54
F.R. 779) added para. (5).
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(c) As the need arises, the Committee shall submit
recommendations and analyses to the National Security Council
and to the Economic Policy Board. It shall also arrange for the
preparation and publication of periodic reports.
Sec. 2. The Secretary of Commerce, with respect to the
collection and use of data on foreign investment in the United
States, shall provide, in particular, for the performance of
the following activities:
(a) The obtainment, consolidation, and analysis of
information on foreign investment in the United States;
(b) the improvement on such foreign investment;
(c) the close observation of foreign investment in the
United States;
(d) the preparation of reports and analyses of trends and
of significant developments in appropriate categories of such
investment;
(e) the compilation of data and preparation of evaluations
of significant investment transactions; and
(f) the submission to the Committee of appropriate reports,
analyses, data and recommendations relating to foreign
investment in the United States, including recommendations as
to how information on foreign investment can be kept current.
Sec. 3. The Secretary of the Treasury is authorized,
without further approval of the President, to make reasonable
use of the resources of the Exchange Stabilization Fund, in
accordance with section 10 of the Gold Reserve Act of 1934, as
amended (31 U.S.C. 822a), to pay any of the expenses directly
incurred by the Secretary of Commerce in the performance of the
functions and activities provided by this order. This authority
shall be in effect for one year, unless revoked prior thereto.
Sec. 4. All departments and agencies are directed to
provide, to the extent permitted by law, such information and
assistance as may be requested by the Committee or the
Secretary of Commerce in carrying out their functions and
activities under this order.
Sec. 5. Information which has been submitted or received in
confidence shall not be publicly disclosed, except to the
extent required by law; and such information shall be used by
the Committee only for the purpose of carrying out the
functions and activities prescribed by this order. Information
or documentary material filed pursuant to Section 1(b)(5) or
Section 7 of this Order shall be treated in accordance with
paragraph (b) of Section 721 of the Defense Production Act.\8\
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\8\ Sec. 3-201(E) of Executive Order 12661 (December 27, 1988; 54
F.R. 779) added this sentence.
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Sec. 6. Nothing in this order shall affect the data-
gathering, regulatory, or enforcement authority of any existing
department or agency over foreign investment, and the review of
individual investments provided by this order shall not in any
way supersede or prejudice any other process provided by law.
Sec. 7.\9\ (1) Investigations. (a) The Committee is
designated to receive notices and other information, to
determine whether investigations should be undertaken , and to
make investigations, pursuant to Section 721(a) of the Defense
Production Act. (b) If the Committee determines that an
investigation should be undertaken, such investigation shall
commence no later than 30 days after receipt by the Committee
of written notification of the proposed or pending merger,
acquisition, or takeover. Such investigation shall be completed
no later than 45 days after such determination. (c) If one or
more Committee members differ with a Committee decision not to
undertake an investigation, the Chairman shall submit a report
of the Committee to the President setting forth the differing
views and presenting the issues for his decision within 25 days
after receipt by the Committee or written notification of the
proposed or pending merger, acquisition, or takeover. (d) A
unanimous decision by the Committee not to undertake an
investigation with regard to a notice shall conclude action
under this section on such notice. The Chairman shall advise
the President of said decision.
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\9\ Sec. 3-201(A) of Executive Order 12661 (December 27, 1988; 54
F.R. 779) added secs. 7 and 8.
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(2) Report to the President. Upon completion or termination
of any investigation, the Committee shall report to the
President and present a recommendation. Any such report shall
include information relevant to subparagraphs (1) and (2) of
Section 721(d) of the Defense Production Act. If the Committee
is unable to reach a unanimous recommendation, the Chairman
shall submit a report of the Committee to the President setting
forth the differing views and presenting the issues for his
decision.
Sec. 8.\9\ The Chairman of the Committee, in consultation
with other members of the Committee, is hereby delegated the
authority to issue regulations to implement Section 721 of the
Defense Production Act.
8. Collection and Publication of Foreign Commerce and Trade Statistics
Sections 301 through 307, Title 13, U.S.C.; as added by Public Law 87-
826, 76 Stat. 951-52, approved October 15, 1962; and amended by Public
Law 93-618 [Trade Act of 1974; H.R. 10710], 88 Stat. 1978 at 2074,
approved January 3, 1975; Public Law 96-39 [Trade Agreements Act of
1979; H.R. 4537], 93 Stat. 144 at 313, approved July 26, 1979; Public
Law 96-275 [H.R. 6842], 94 Stat. 539, approved June 17, 1980; Public
Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; H.R. 4848],
102 Stat. 1107, approved August 23, 1988; Public Law 106-113
[Proliferation Prevention Enhancement Act of 1999; H.R. 3194], 113
Stat. 1501A-505, approved November 29, 1999; and Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002
Sec. 301. Collection and publication.
(a) \1\ The Secretary is authorized to collect information
from all persons exporting from, or importing into, the United
States and the noncontiguous areas over which the United States
exercises sovereignty, jurisdiction, or control, and from all
persons engaged in trade between the United States and such
noncontiguous areas and between those areas, or from the
owners, or operators of carriers engaged in such foreign
commerce or trade, and shall compile and publish such
information pertaining to exports, imports, trade, and
transportation relating thereto, as he deems necessary or
appropriate to enable him to foster, promote, develop, and
further the commerce, domestic and foreign, of the United
States and for other lawful purposes.
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\1\ Sec. 609(a) of the Trade Act of 1974 (Public Law 93-618; 88
Stat. 2074) added the subsec. designation ``(a)'' and new subsecs. (b),
(c), and (d).
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(b) \1\ The Secretary shall submit to the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate, on quarterly and cumulative bases,
statistics on United States imports for consumption and United
States exports by country and by product. Statistics on United
States imports shall be submitted in accordance with the Tariff
Schedules of United States Annotated and general statistical
headnote 1 thereof, in detail as follows:
(1) net quantity;
(2) United States customs value:
(3) purchase price or its equivalent;
(4) equivalent of arm's length value;
(5) aggregate cost from port of exportation to United
States port of entry;
(6) a United States port of entry value comprised of
(5) plus (4), if applicable, or, if not applicable, (5)
plus (3); and
(7) for transactions where (3) and (4) are equal, the
total value of such transactions.
The data for paragraphs (1), (2), (3), (5), and (6) shall be
reported separately for nonrelated and related party
transactions, and shall also be reported as a total of all
transactions.
(c) \1\ In submitting any information under subsection (b)
with respect to exports, the Secretary shall state separately
from the total value of all exports--
(1)(A) the value of agricultural commodities exported
under the Agricultural Trade Development and Assistance
Act of 1954, as amended; and
(B) the total amount of all export subsidies paid to
exporters by the United States under such Act for the
exportation of such commodities; and
(2) the value of goods exported under the Foreign
Assistance Act of 1961.
(d) \1\ To assist the Secretary to carry out the provisions
of subsections (b) and (c)--
(1) the Secretary of Agriculture shall furnish
information to the Secretary concerning the value of
agricultural commodities exported under provisions of
the Agricultural Trade Development and Assistance Act
of 1954, as amended, and the total amounts of all
export subsidies paid to exporters by the United States
under such Act for the exportation of such commodities;
and
(2) the Secretary of State shall furnish information
to the Secretary concerning the value of goods exported
under the provisions of the Foreign Assistance Act of
1961, as amended.
(e) \2\ There shall be reported, on monthly and cumulative
bases, for each item in the Tariff Schedules of the United
States Annotated, the United States port of entry value (as
determined under subsection (b)(6)). There shall be reported,
on monthly and cumulative bases, the balance of international
trade for the United States reflecting (1) the aggregate value
of all United States imports as reported in accordance with the
first sentence of this subsection, and (2) the aggregate value
of all United States exports. The information required to be
reported under this subsection shall be reported in a form that
is adjusted for economic inflation or deflation (on a constant
dollar basis consistent with the reporting of the National
Income and Product Accounts), and in a form that is not so
adjusted.\3\
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\2\ Sec. 1108(a) of the Trade Agreements Act of 1979 (Public Law
96-39; 93 Stat. 313) added subsecs. (e) and (f).
\3\ Sec. 1932 of Public Law 100-418 (Omnibus Trade and
Competitiveness Act of 1988; 102 Stat. 1320) added this sentence. Sec.
1931(a) of that Act struck out the sentence previously appearing at
this point, which read ``The values and balance of trade required to be
reported by this subsection shall be released no later than 48 hours
before the release of any other government statistics concerning values
of United States imports or United States balance of trade, or
statistics from which such values or balance may be derived.''.
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(f) \2\ On or before January 1, 1981, and as often
thereafter as may be necessary to reflect significant changes
in rates, there shall be reported for each item of the Tariff
Schedules of the United States Annotated, the ad valorem or ad
valorem equivalent rate of duty which would have been required
to be imposed on dutiable imports under that item, if the
United States customs values of such imports were based on the
United States port of entry value (as reported in accordance
with the first sentence of subsection (e)) in order to collect
the same amount of duties on imports under that item as are
currently collected.
(g) \4\ Shippers' Export Declarations (or any successor
document), wherever located, shall be exempt from public
disclosure unless the Secretary determines that such exemption
would be contrary to the national interest.
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\4\ Sec. 1 of Public Law 96-275 (94 Stat. 539) added subsec. (g).
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(h) \5\ The Secretary is authorized to require by
regulation the filing of Shippers' Export Declarations under
this chapter through an automated electronic system for the
filing of export information established by the Department of
the Treasury.
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\5\ Public Law 106-113 (113 Stat. 1501) added subsec. (h).
Public Law 106-113 further provided:
``(b) Implementing Regulations.--
---------------------------------------------------------------------------
``(1) In general.--The Secretary of Commerce, with the concurrence of the
Secretary of State, shall publish regulations in the Federal Register to
require that, upon the effective date of those regulations, exporters (or
their agents) who are required to file Shippers' Export Declarations under
chapter 9 of title 13, United States Code, file such Declarations through
the Automated Export System with respect to exports of items on the United
States Munitions List or the Commerce Control List.
``(2) Elements of the regulations.--The regulations referred to in
paragraph (1) shall include at a minimum--
``(A) provision by the Department of Commerce for the establishment of
on-line assistance services to be available for those individuals who must
use the Automated Export System;
``(B) provision by the Department of Commerce for ensuring that an
individual who is required to use the Automated Export System is able to
print out from the System a validated record of the individual's
submission, including the date of the submission and a serial number or
other unique identifier, where appropriate, for the export transaction; and
``(C) a requirement that the Department of Commerce print out and
maintain on file a paper copy or other acceptable back-up record of the
individual's submission at a location selected by the Secretary of
Commerce.
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``(c) Effective Date.--The amendment made by subsection (a) shall
take effect 270 days after the Secretary of Commerce, the Secretary of
the Treasury, and the Director of the National Institute of Standards
and Technology jointly provide a certification to the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives that a secure Automated
Export System available through the Internet that is capable of
handling the expected volume of information required to be filed under
subsection (b), plus the anticipated volume from voluntary use of the
Automated Export System, has been successfully implemented and tested
and is fully functional with respect to reporting all items on the
United States Munitions List, including their quantities and
destinations.''.
Sec. 1256 of Public Law 106-113 (113 Stat. 1501A-507) further
provided:
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``sec. 1256. definitions.
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``In this subtitle:
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``(1) Automated export system.--The term ``Automated Export System''
means the automated and electronic system for filing export information
established under chapter 9 of title 13, United States Code, on June 19,
1995 (60 Federal Register 32040).
``(2) Commerce control list.--The term ``Commerce Control List'' has the
meaning given the term in section 774.1 of title 15, Code of Federal
Regulations.
``(3) Shippers' export declaration.--The term ``Shippers' Export
Declaration'' means the export information filed under chapter 9 of title
13, United States Code, as described in part 30 of title 15, Code of
Federal Regulations.
``(4) United states munitions list.--The term ``United States Munitions
List'' means the list of items controlled under section 38 of the Arms
Export Control Act (22 U.S.C. 2778).''.
Sec. 302. Rules, regulations, and orders.
The Secretary may make such rules, regulations, and orders
as he deems necessary or appropriate to carry out the
provisions of this chapter. Any rules, regulations, or orders
issued pursuant to this authority may be established in such
form or manner, may contain such classifications or
differentiations, and may provide for such adjustments and
reasonable exceptions as in the judgment of the Secretary are
necessary or proper to effectuate the purpose of this chapter,
or to prevent circumvention or evasion of any rule, regulation,
or order issued hereunder. The Secretary may also provide by
rule or regulation, for such confidentiality, publication, or
disclosure, of information collected hereunder as he may deem
necessary or appropriate in the public interest. Rules,
regulations, and orders, or amendments thereto shall have the
concurrence of the Secretary of the Treasury prior to
promulgation.
Sec. 303. Secretary of Treasury functions.
To assist the Secretary to carry out the functions of this
chapter, the Secretary of the Treasury shall collect
information in the form and manner prescribed by the
regulations issued pursuant to this chapter from persons
engaged in foreign commerce or trade \6\ and from the owners or
operators of carriers.
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\6\ Sec. 1404(d) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1545) struck out ``, other
than by mail,''.
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Sec. 304. Filing export information, delayed filings, penalties for
failure to file.
(a) The information or reports in connection with the
exportation or transportation of cargo required to be filed by
carriers with the Secretary of the Treasury under any rule,
regulation, or order issued pursuant to this chapter may be
filed after the departure of such carrier from the port or
place of exportation or transportation, whether such departing
carrier is destined directly to a foreign port or place or to a
noncontiguous area, or proceeds by way of other ports or places
of the United States, provided that a bond in an approved form
in a penal sum of $10,000 \7\ is filed with the Secretary of
the Treasury. The Secretary of Commerce may, by a rule,
regulation, or order issued in conformity herewith, prescribe a
maximum period after such departure during which the required
information or reports may be filed. In the event any such
information or report is not filed within such prescribed
period, a penalty not to exceed $1,000 for each day's
delinquency beyond the prescribed period, but not more than
$10,000 per violation \8\ shall be exacted. Civil suit may be
instituted in the name of the United States against the
principal and surety for the recovery of any penalties that may
accrue and be exacted in accordance with the terms of the bond.
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\7\ Sec. 1404(e)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1545) struck out ``the
penal sum of $1,000'' and inserted in lieu thereof ``a penal sum of
$10,000''.
\8\ Sec, 1404(e)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1545) struck out ``a
penalty not to exceed $100 for each day's delinquency beyond the
prescribed period, but not more than $1,000'' and inserted in lieu
thereof ``a penalty not to exceed $1,000 for each day's delinquency
beyond the prescribed period, but not more than $10,000 per
violation''.
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(b) \9\ Any person, other than a person described in
subsection (a), required to submit export information, shall
file such information in accordance with any rule, regulation,
or order issued pursuant to this chapter. In the event any such
information or reports are not filed within such prescribed
period, the Secretary of Commerce (and officers of the
Department of Commerce specifically designated by the
Secretary) may impose a civil penalty not to exceed $1,000 for
each day's delinquency beyond the prescribed period, but not
more than $10,000 per violation.
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\9\ Sec. 1404(e)(3) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1545) redesignated
subsec. (b) as subsec. (c) and inserted a new subsec. (b).
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(c) \9\ The Secretary may remit or mitigate any penalty
incurred for violations of this section and regulations issued
pursuant thereto if, in his opinion, they were incurred without
willful negligence or fraud, or other circumstances justify a
remission or mitigation.
Sec. 305.\10\ PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES.
(a) Criminal Penalties.--
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\10\ Sec. 1404(f) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1546) amended and
restated sec. 305. It previously read as follows:
---------------------------------------------------------------------------
`` 305. violations, penalties.
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``Any person, including the owners or operators of carriers,
violating the provisions of this chapter, or any rule, regulation, or
order issued thereunder, except as provided in section 304 above, shall
be liable to a penalty not to exceed $1,000 in addition to any other
penalty imposed by law. The amount of any such penalty shall be payable
into the Treasury of the United States and shall be recoverable in a
civil suit in the name of the United States.''.
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(1) Failure to file; submission of false or
misleading information.--Any person who knowingly fails
to file or knowingly submits false or misleading export
information through the Shippers Export Declaration
(SED) (or any successor document) or the Automated
Export System (AES) shall be subject to a fine not to
exceed $10,000 per violation or imprisonment for not
more than 5 years, or both.
(2) Furtherance of illegal activities.--Any person
who knowingly reports any information on or uses the
SED or the AES to further any illegal activity shall be
subject to a fine not to exceed $10,000 per violation
or imprisonment for not more than 5 years, or both.
(3) Forfeiture penalties.--Any person who is
convicted under this subsection shall, in addition to
any other penalty, be subject to forfeiting to the
United States--
(A) any of that person's interest in,
security of, claim against, or property or
contractual rights of any kind in the goods or
tangible items that were the subject of the
violation;
(B) any of that person's interest in,
security of, claim against, or property or
contractual rights of any kind in tangible
property that was used in the export or attempt
to export that was the subject of the
violation; and
(C) any of that person's property
constituting, or derived from, any proceeds
obtained directly or indirectly as a result of
the violation.
(b) Civil Penalties.--The Secretary (and officers of the
Department of Commerce specifically designated by the
Secretary) may impose a civil penalty not to exceed $10,000 per
violation on any person violating the provisions of this
chapter or any rule, regulation, or order issued thereunder,
except as provided in section 304. Such penalty may be in
addition to any other penalty imposed by law.
(c) Civil Penalty Procedure.--
(1) In general.--Whenever a civil penalty is sought
for a violation of this section or of section 304, the
charged party is entitled to receive a formal complaint
specifying the charges and, at his or her request, to
contest the charges in a hearing before an
administrative law judge. Any such hearing shall be
conducted in accordance with sections 556 and 557 of
title 5, United States Code.
(2) Commencement of civil actions.--If any person
fails to pay a civil penalty imposed under this
chapter, the Secretary may request the Attorney General
to commence a civil action in an appropriate district
court of the United States to recover the amount
imposed (plus interest at currently prevailing rates
from the date of the final order). No such action may
be commenced more than 5 years after the date the order
imposing the civil penalty becomes final. In such
action, the validity, amount, and appropriateness of
such penalty shall not be subject to review.
(3) Remission or mitigation of penalties.--The
Secretary may remit or mitigate any penalties imposed
under paragraph (1) if, in the Secretary's opinion--
(A) the penalties were incurred without
willful negligence or fraud; or
(B) other circumstances exist that justify a
remission or mitigation.
(4) Applicable law for delegated functions.--If,
pursuant to section 306, the Secretary delegates
functions under this section to another agency, the
provisions of law of that agency relating to penalty
assessment, remission or mitigation of such penalties,
collection of such penalties, and limitations of
actions and compromise of claims, shall apply.
(5) Deposit of payments in general fund of the
treasury.--Any amount paid in satisfaction of a civil
penalty imposed under this section or section 304 shall
be deposited into the general fund of the Treasury and
credited as miscellaneous receipts.
(d) Enforcement.--
(1) By the secretary of commerce.--The Secretary of
Commerce may designate officers or employees of the
Office of Export Enforcement to conduct investigations
pursuant to this chapter. In conducting such
investigations, those officers or employees may, to the
extent necessary or appropriate to the enforcement of
this chapter, exercise such authorities as are
conferred upon them by other laws of the United States,
subject to policies and procedures approved by the
Attorney General.
(2) By the commissioner of customs.--The Commissioner
of Customs may designate officers or employees of the
Customs Service to enforce the provisions of this
chapter, or to conduct investigations pursuant to this
chapter.
(e) Regulations.--The Secretary of Commerce shall
promulgate regulations for the implementation and enforcement
of this section.
(f) Exemption.--The criminal fines provided for in this
section are exempt from the provisions of section 3571 of title
18, United States Code.
Sec. 306. Delegation of functions.
Subject to the concurrence of the head of the department or
agency concerned, the Secretary may make such provisions as he
shall deem appropriate, authorizing the performance by any
officer, agency or employee of the United States Government
departments or offices, or the governments of any areas over
which the United States exercises sovereignty, jurisdiction, or
control, of any function of the Secretary, contained in this
chapter.
Sec. 307. Relationship to general census law.
The following sections only, 1, 2, 3, 4, 5, 6, 7, 11, 21,
22, 23, 24, 211, 212, 213, and 214, of chapters 1 through 7 of
this title are applicable to this chapter.
9. Materials and Commodities
a. Opposition of Use of Multilateral Assistance To Produce or Extract
Foreign Surplus Commodities and Minerals for Export
Partial text of Public Law 99-472 [H.R. 5548], 100 Stat. 1200 at 1210,
approved October 15, 1986
AN ACT To amend the Export-Import Bank Act of 1945.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export-Import Bank Act
Amendments of 1986''.
* * * * * * *
SEC. 22.\1\ OPPOSITION OF MULTILATERAL ASSISTANCE FOR FOREIGN SURPLUS
COMMODITIES AND MINERALS.
The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States
to oppose any assistance by such institutions, using funds
appropriated or otherwise made available pursuant to any
provision of law, for the production or extraction of any
commodity or mineral for export, if--
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\1\ 22 U.S.C. 262h. Similar language was enacted as sec. 514 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104-208;
110 Stat. 3009); sec. 514 (111 Stat. 2409) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1998 (Public
Law 105-118, 111 Stat. 2409); sec. 514 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1999 (112
Stat. 2681-173, sec. 101(d) of Public Law 105-277); sec. 514 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (113 Stat. 1501A-85, Appendix B of Public Law
106-113); sec. 514 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001 (114 Stat. 1900A-25, sec.
101(a) of Public Law 106-429); sec. 514 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002 (Public
Law 107-115; 115 Stat. 2142); sec. 514 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2003
(Division D of Public Law 108-7; 117 Stat. 184); sec. 514 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004 (Division D of Public Law 108-199; 118 Stat.
171); sec. 514 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005 (Division D of Public Law 108-447;
118 Stat. 2995); and sec. 514 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102; 119 Stat. 2200). For text, see Legislation on Foreign
Relations Through 2005, vol. I-A.
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(1) such commodity or mineral, as the case may be, is
in surplus on world markets; and
(2) the export of such commodity or mineral, as the
case may be, would cause substantial injury to the
United States producers of the same, similar, or
competing commodity or mineral.
b. National Critical Materials Act of 1984
Title II of Public Law 98-373 [S. 373], 98 Stat. 1242 at 1248, approved
July 31, 1984, as amended by Public Law 100-418 [Omnibus Trade and
Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
August 23, 1988
AN ACT To provide for a comprehensive national policy dealing with
national research needs and objectives in the Arctic, for a National
Critical Materials Council, for development of a continuing and
comprehensive national materials policy for programs necessary to carry
out that policy, including Federal programs of advanced materials
research and technology, and the innovation in basic materials
industries, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--NATIONAL CRITICAL MATERIALS ACT OF 1984
short title
Sec. 201.\1\ This title may be cited as the ``National
Critical Materials Act of 1984''.
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\1\ 30 U.S.C. 1801 note.
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findings and purposes
Sec. 202.\2\ (a) The Congress finds that--
---------------------------------------------------------------------------
\2\ 30 U.S.C. 1801.
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(1) the availability of adequate supplies of
strategic and critical industrial minerals and
materials continues to be essential for national
security, economic well-being, and industrial
production;
(2) the United States is increasingly dependent on
foreign sources of materials and vulnerable to supply
interruption in the case of many of those minerals and
materials essential to the Nation's defense and
economic well-being;
(3) together with increasing import dependence, the
Nation's industrial base, including the capacity to
process minerals and materials, is deteriorating--both
in terms of facilities and in terms of a trained labor
force;
(4) research, development, and technological
innovation, especially related to improved materials
and new processing technologies, are important factors
which affect our long-term capability for economic
competitiveness, as well as for adjustment to
interruptions in supply of critical minerals and
material;
(5) while other nations have developed and
implemented specific long-term research and technology
programs to develop high-performance materials, no such
policy and program evolution has occurred in the United
States;
(6) establishing critical materials reserves, by both
the public and private sectors and with proper
organization and management, represents one means of
responding to the genuine risks to our economy and
national defense from dependency on foreign sources;
(7) there exists no single Federal entity with the
authority and responsibility for establishing critical
materials policy and for coordinating and implementing
that policy; and
(8) the importance of materials to national goals
requires an organizational means for establishing
responsibilities for materials programs and for the
coordination, within and at a suitable high level of
the Executive Office of the President, with other
existing policies within the Federal Government.
(b) It is the purpose of this title--
(1) to establish a National Critical Materials
Council under and reporting to the Executive Office of
the President which shall--
(A) establish responsibilities for and
provide for necessary coordination of critical
materials policies, including all facets of
research and technology, among the various
agencies and departments of the Federal
Government, and make recommendations for the
implementation of such policies;
(B) bring to the attention of the President,
the Congress, and the general public such
material issues and concerns, including
research and development, as are deemed
critical to the economic and strategic health
of the Nation; and
(C) ensure adequate and continuing
consultation with the private sector concerning
critical materials, materials research and
development, use of materials, Federal
materials policies, and related matters;
(2) to establish a national Federal program for
advanced materials research and technology, including
basic phenomena through processing and manufacturing
technology; and
(3) to stimulate innovation and technology
utilization in basic as well as advanced materials
industries.
establishment of the national critical materials council
Sec. 203.\3\ There is hereby established a National
Critical Materials Council (hereinafter referred to as the
``Council'') under and reporting to the Executive Office of the
President. The Council shall be composed of three members \4\
who shall be appointed by the President and who shall serve at
the pleasure of the President. Members so appointed who are not
already Senate-confirmed officers of the Government shall be
appointed by and with the advice and consent of the Senate. The
President shall designate one of the members to serve as
Chairman. Each member shall be a person who, as a result of
training, experience, and achievement, is qualified to carry
out the duties and functions of the Council, with particular
emphasis placed on fields relating to materials policy or
materials science and engineering. In addition, at least one of
the members shall have a background in and understanding of
environmentally related issues.
---------------------------------------------------------------------------
\3\ 30 U.S.C. 1802.
\4\ Sec. 5182 of Public Law 100-418 (Omnibus Trade and
Competitiveness Act of 1988; 102 Stat. 1454) contained the following
provisions:
``(a) Requirement To Increase Staff.--Not later than 30 days after
the date of the enactment of this Act, the Executive Director of the
National Critical Materials Council shall increase the number of
employees of the Council by the equivalent of 5 full-time employees
over the number of employees of the Council on the date of the
enactment of this Act.
``(b) Qualifications of Staff.--Not less than the equivalent of 4
full-time employees appointed pursuant to subsection (a) shall be
permanent professional employees who have expertise in technical fields
that are relevant to the responsibilities of the National Critical
Materials Council, such as materials science and engineering,
environmental matters, minerals and natural resources, ceramic or
composite engineering, metallurgy, and geology.''.
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responsibilities and authorities of the council
Sec. 204.\5\ (a) It shall be the primary responsibility of
the Council--
---------------------------------------------------------------------------
\5\ 30 U.S.C. 1803.
---------------------------------------------------------------------------
(1) to assist and advise the President in
establishing coherent national materials policies
consistent with other Federal policies, and making
recommendations necessary to implement such policies;
(2) to assist in establishing responsibilities for,
and to coordinate, Federal materials-related policies,
programs, and research and technology activities, as
well as recommending to the Office of Management and
Budget budget priorities for materials activities in
each of the Federal departments and agencies;
(3) to review and appraise the various programs and
activities of the Federal Government in accordance with
the policy and directions given in the National
Materials and Minerals Policy, Research and Development
Act of 1980 (30 U.S.C. 1601), and to determine the
extent to which such programs and activities are
contributing to the achievement of such policy and
directions;
(4) to monitor and evaluate the critical materials
needs of basic and advanced technology industries and
the Government, including the critical materials
research and development needs of the private and
public sectors;
(5) to advise the President of mineral and material
trends, both domestic and foreign, the implications
thereof for the United States and world economies and
the national security, and the probable effects of such
trends on domestic industries;
(6) to assess through consultation with the materials
academic community, the adequacy and quality of
materials-related educational institutions and the
supply of materials scientists and engineers;
(7) to make or furnish such studies, analyses,
reports, and recommendations with respect to matters of
materials related policy and legislation as the
President may request;
(8)(A) to prepare a report providing a domestic
inventory of critical materials with projections on the
prospective needs of Government and industry for these
materials, including a longrange assessment, prepared
in conjunction with the Office of Science and
Technology Policy in accordance with the National
Materials and Minerals Policy, Research and Development
Act of 1980, and in conjunction with such other
Government departments or agencies as may be considered
necessary, of the prospective major critical materials
problems which the United States is likely to confront
in the immediate years ahead and providing advice as to
how these problems may best be addressed, with the
first such report being due on April 1, 1985, and (B)
review and update such report and assessment as
appropriate and report thereon to the Congress at least
biennially; and
(9) to recommend to the Congress such changes in
current policies, activities, and regulations of the
Federal Government, and such legislation, as may be
considered necessary to carry out the intent of this
title and the National Materials and Minerals Policy,
Research and Development Act of 1980.
(b) In carrying out its responsibilities under this section
the Council shall have the authority--
(1) to establish such special advisory panels as it
considers necessary, with each such panel consisting of
representatives of industry, academia, and other
members of the private sector, not to exceed ten
members, and being limited in scope of subject and
duration; and
(2) to establish and convene such Federal interagency
committees as it considers necessary in carrying out
the intent of this title.
(c) In seeking to achieve the goals of this title and
related Acts, the Council and other Federal departments and
agencies with responsibilities or jurisdiction related to
materials or materials policy, including the National Security
Council, the Council on Environmental Quality, the Office of
Management and Budget, and the Office of Science and Technology
Policy, shall work collaboratively and in close cooperation.
program and policy for advanced materials research and technology
Sec. 205.\6\ (a) In addition to the responsibilities
described in section 204, the Council shall be responsible for
coordination with appropriate agencies and departments of the
Federal Government relative to Federal materials research and
development policies and programs. Such policies and programs
shall be consistent with the policies and goals described in
the National Materials and Minerals Policy, Research and
Development Act of 1980. In carrying out this responsibility
the Council shall--
---------------------------------------------------------------------------
\6\ 30 U.S.C. 1804.
---------------------------------------------------------------------------
(1)(A) establish a national Federal program plan \7\
for advanced materials research and development,
recommend the designation of the key responsibilities
for carrying out such research, and to provide for
coordination of this plan with the Office of Science
and Technology Policy, the Office of Management and
Budget, and such other Federal offices and agencies as
may be deemed appropriate, and (B) annually review such
plan and report thereon to the Congress;
---------------------------------------------------------------------------
\7\ Sec. 5181 of Public Law 100-418 (Omnibus Trade and
Competitiveness Act of 1988; 102 Stat. 1454) contained the following
stipulation:
``The National Critical Materials Council shall prepare the
national Federal program plan for advanced materials research and
development under section 205(a)(1)(A) of the National Critical
Materials Act of 1984 (Public Law 98-373; 98 Stat. 1251) and shall
submit such plan to Congress not later than 180 days after the date of
the enactment of this Act. The plan shall be submitted to the Committee
on Science, Space, and Technology, as well as other appropriate
committees, of the House of Representatives, and to the Committee on
Governmental Affairs, as well as other appropriate committees, of the
Senate.''.
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(2) review annually the materials research,
development, and technology authorization requests and
budgets of all Federal agencies and departments; and in
this activity the Council shall make recommendations,
in cooperation with the Office of Science and
Technology Policy, the Office of Management and Budget,
and all other Federal offices and agencies deemed
appropriate, to ensure close coordination of the goals
and directions of such programs with the policies
determined by the Council; and
(3) assist the Office of Science and Technology
Policy in the preparation of such long-range materials
assessments and reports as may be required by the
National Materials and Minerals Policy, Research and
Development Act of 1980, and assist other Federal
entities in the preparation of analyses and reporting
relating to critical and advanced materials.
(b) The Office of Management and Budget, in reviewing the
materials research, development, and technology authorization
requests of the various Federal departments and agencies for
any fiscal year, and the recommendations of the Council, shall
consider all of such requests and recommendations as an
integrated, coherent, multiagency request which shall be
reviewed by the Office of Management and Budget for its
adherence to the national Federal materials program plan in
effect for such fiscal year under subsection (a).
innovation in basic and advanced materials industries
Sec. 206.\8\ (a)(1) In order to promote the use of more
cost-effective, advanced technology and other means of
providing for innovation and increased productivity within the
basic and advanced materials industries, the Council shall
evaluate and make recommendations regarding the establishment
of Centers for Industrial Technology as provided in Public Law
96-480 (15 U.S.C. 3705).
---------------------------------------------------------------------------
\8\ 30 U.S.C. 1805.
---------------------------------------------------------------------------
(2) The activities of such Centers shall focus on, but not
be limited to, the following generic materials areas:
corrosion; welding and joining of materials; advanced
processing and fabrication technologies; microfabrication; and
fracture and fatigue.
(b) In order to promote better use and innovation of
materials in design for improved safety or efficiency, the
Council shall establish in cooperation with the appropriate
Federal agencies and private industry, an effective mechanism
for disseminating materials property data in an efficient and
timely manner. In carrying out this responsibility, the Council
shall consider, where appropriate, the establishment of a
computerized system taking into account, to the maximum extent
practicable, existing available resources.
compensation of members and reimbursements
Sec. 207.\9\ (a) The Chairman of the Council, if not
otherwise a paid officer or employee of the Federal Government,
shall be paid at the rate not to exceed the rate of basic pay
provided for level II of the Executive Schedule. The other
members of the Council, if not otherwise paid officers or
employees of the Federal Government, shall be paid at a per
diem rate comparable to the rate not to exceed the rate of
basic pay provided for level III of the Executive Schedule.
---------------------------------------------------------------------------
\9\ 30 U.S.C. 1806.
---------------------------------------------------------------------------
(b) Subject to existing law and regulations governing
conflicts of interest, the Council may accept reimbursement
from any private nonprofit organization or from any department,
agency, or instrumentality of the Federal Government, or from
any State or local government, for reasonable travel expenses
incurred by any member or employee of the Council in connection
with such member's or employee's attendance at any conference,
seminar, or similar meeting.
position and authorities of executive director
Sec. 208.\10\ (a) There shall be an Executive Director
(hereinafter referred to as the ``Director''), who shall be
chief administrator of the Council. The Director shall be
appointed by the Council full time and shall be paid at the
rate not to exceed the rate of basic pay provided for level III
of the Executive Schedule.
---------------------------------------------------------------------------
\10\ 30 U.S.C. 1807.
---------------------------------------------------------------------------
(b) The Director is authorized--
(1) to employ such personnel as may be necessary for
the Council to carry out its duties and functions under
this title, but not to exceed twelve compensated
employees;
(2) to obtain the services of experts and consultants
in accordance with the provisions of section 3109 of
title 5, United States Code; and
(3) to develop, subject to approval by the Council,
rules and regulations necessary to carry out the
purposes of this title.
(c) In exercising his responsibilities and duties under
this title, the Director--
(1) may consult with representatives of academia,
industry, labor, State and local governments, and other
groups; and
(2) shall utilize to the fullest extent possible the
services, facilities, and information (including
statistical information) of public and private
agencies, organizations, and individuals.
(d) Notwithstanding section 367(b) of the Revised Statutes
(31 U.S.C. 665(b)), the Council may utilize voluntary and
uncompensated labor and services in carrying out its duties and
functions.
responsibilities and duties of the director
Sec. 209.\11\ In carrying out his functions the Director
shall assist and advise the Council on policies and programs of
the Federal Government affecting critical and advanced
materials by--
---------------------------------------------------------------------------
\11\ 30 U.S.C. 1808.
---------------------------------------------------------------------------
(1) providing the professional and administrative
staff and support for the Council;
(2) assisting the Federal agencies and departments in
appraising the effectiveness of existing and proposed
facilities, programs, policies, and activities of the
Federal Government, including research and development,
which affect critical materials availability and needs;
(3) cataloging, as fully as possible, research and
development activities of the Government, private
industry, and public and private institutions; and
(4) initiating Government and private studies and
analyses, including those to be conducted by or under
the auspices of the Council, designed to advance
knowledge of critical or advanced materials issues and
develop alternative proposals, including research and
development, to resolve national critical materials
problems.
authority
Sec. 210.\12\ The Council is authorized--
---------------------------------------------------------------------------
\12\ 30 U.S.C. 1809.
---------------------------------------------------------------------------
(1) to establish such internal rules and regulations
as may be necessary for its operation;
(2) to enter into contracts and acquire materials and
supplies necessary for its operation to such extent or
in such amounts as are provided for in appropriation
Acts;
(3) to publish, consistent with title 44 of the
United States Code, or arrange to publish critical
materials information that it deems to be useful to the
public and private industry to the extent that such
publication is consistent with the national defense and
economic interest;
(4) to utilize such services or personnel as may be
provided to the Council on a nonreimbursable \13\ basis
by any agency of the United States; and
---------------------------------------------------------------------------
\13\ Sec. 5183 of Public Law 100-418 (102 Stat. 1454) struck out
``reimbursable'' and inserted in lieu thereof ``nonreimbursable''.
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(5) to exercise such authorities as may be necessary
and incidental to carrying out its responsibilities and
duties under this title.
authorization of appropriations
Sec. 211.\14\ There are hereby authorized to be
appropriated to carry out the provisions of this title a sum
not to exceed $500,000 for the fiscal year ending September 30,
1985, and such sums as may be necessary thereafter: Provided,
That the authority provided for in this title shall expire on
September 30, 1992,\15\ unless otherwise authorized by
Congress.
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\14\ 30 U.S.C. 1810.
\15\ Sec. 5184 of Public Law 100-418 (102 Stat. 1454) struck out
``1990'' and inserted in lieu thereof ``1992''.
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definition
Sec. 212. As used in this title, the term ``materials'' has
the meaning given it by section 2(b) of the National Materials
and Minerals Policy, Research and Development Act of 1980.\16\
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\16\ Sec. 2(b) of such Act reads as follows:
``(b) As used in this Act, the term materials means substances,
including minerals, of current or potential use that will be needed to
supply the industrial, military, and essential civilian needs of the
United States in the production of goods or services, including those
which are primarily imported or for which there is a prospect of
shortages or uncertain supply, or which present opportunities in terms
of new physical properties, use, recycling, disposal or substitution,
with the exclusion of food and energy fuels used as such.''.
c. International Coffee Agreement Act of 1980
Public Law 96-599 [H.R. 3637], 94 Stat. 3491, approved December 24,
1980; as amended by Public Law 97-276 [Continuing Appropriations, 1983;
H.J. Res. 599], 96 Stat. 1186 at 1204, approved October 2, 1982; Public
Law 97-446 [H.R. 4566], 96 Stat. 2329 at 2345, approved January 12,
1983; Public Law 98-120 [H.R. 3813], 97 Stat. 809, approved October 12,
1983; and Public Law 100-418 [Omnibus Trade and Competitiveness Act of
1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988
AN ACT To carry out the obligations of the United States under the
International Coffee Agreement of 1976, signed at New York on February
27, 1976, and entered into force for the United States on October 1,
1976, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Section 1. This Act may be cited as the ``International
Coffee Agreement Act of 1980''.\1\
---------------------------------------------------------------------------
\1\ 19 U.S.C. 1356k.
---------------------------------------------------------------------------
importation of coffee under international coffee agreement 1976;
presidential powers and duties
Sec. 2. On and after the entry into force of the
International Coffee Agreement 1983,\2\ and before October 1,
1989,\3\ as the agreement remains in effect, the President is
authorized, in order to carry out and enforce the provisions of
that agreement--
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\2\ Sec. 1 of Public Law 98-120 (97 Stat. 809) struck out a
reference to 1976 and inserted in lieu thereof the reference to 1983.
\3\ Sec. 1123(a) of Public Law 100-418 (Omnibus Trade and
Competitiveness Act of 1988; 102 Stat. 1146) extended this date to
1989. Previously, sec. 1(2) of Public Law 98-120 (97 Stat. 809) had
struck out ``for such period prior to October 1, 1983'' and inserted in
lieu thereof ``before October 1, 1986''. Other extensions had been made
by sec. 154 of Public Law 97-446 (96 Stat. 2345) which extended the
date until October 1, 1983; and prior to that, by sec. 161 of the
Continuing Appropriations Act, 1983 (Public Law 97-276; 96 Stat. 1204),
which extended the date from October 1, 1982, until ``the expiration of
this joint resolution'' (December 17, 1982).
Sec. 1123(b) of Public Law 100-418 further stated that the
amendment made by subsec. (a) shall take effect on January 1, 1987.
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(1) to regulate the entry of coffee for consumption,
or withdrawal of coffee from warehouse for consumption,
or any other form of entry or withdrawal of coffee such
as for transportation or exportation, including
whenever quotas are in effect pursuant to the
agreement, (A) the limitation of entry, or withdrawal
from warehouse, of coffee imported from countries which
are not members of the International Coffee
Organization, and (B) the prohibition of entry of any
shipment from any member of the International Coffee
Organization of coffee which is not accompanied either
by a valid certificate of origin, a valid certificate
of reexport, a valid certificate of reshipment, or a
valid certificate of transit, issued by a qualified
agency in such form as required under the agreement.
(2) to require that every export or reexport of
coffee from the United States shall be accompanied by a
valid certificate of origin or a valid certificate of
reexport, issued by a qualified agency of the United
States designated by him, in such form as required
under the agreement;
(3) to require the keeping of such records,
statistics, and other information, and the rendering of
such reports, relating to the importation,
distribution, prices, and consumption of coffee as he
may from time to time prescribe; and
(4) to take such other action, and issue and enforce
such rules and regulations, as he may consider
necessary or appropriate in order to implement the
obligations of the United States under the agreement.
definition of coffee
Sec. 3. As used in this Act, the term ``coffee'' means
coffee as defined in article 3 of the International Coffee
Agreement 1983.\2\
delegation of presidential powers and duties; protection of interests
of united states consumers; remedial action
Sec. 4. The President may exercise any powers and duties
conferred on him by sections 2 through 5 of this Act through
such agency or officer as he shall direct. The powers and
duties conferred by section 2 through 5 of this Act shall be
exercised in the manner the President considers appropriate to
protect the interest of United States consumers. In the event
the President determines that there has been an unwarranted
increase in the price of coffee due in whole or in part to the
International Coffee Agreement, or to market manipulation by
two or more members of the International Coffee Organization,
the President shall request the International Coffee Council or
the Executive Board to increase supplies of coffee available to
world markets by suspending coffee export quotas and to take
any other appropriate action. At the same time he shall report
his determination to the Congress. In the event the
International Coffee Council has failed to take corrective
action to remedy the situation within a reasonable time after
such request the President shall submit to the Congress such
recommendations as he may consider appropriate to correct the
situation. In the event that members of the International
Coffee Organization involved in market manipulation which has
resulted in price increases have failed to remedy the situation
within a reasonable time after a request for remedy, the
exercise of the authority set forth in section 2 of this Act
shall be suspended until the President determines that
effective market manipulation activities have ceased.
report to the congress
Sec. 5. The President shall submit to the Congress an
annual report on the International Coffee Agreement 1983.\2\
Such report shall contain full information on the operation of
such agreement, including full information with respect to the
general level of prices of coffee and matters pertaining to the
transportation of coffee from exporting countries to the United
States. The report shall also include a summary of the actions
the United States and the International Coffee Organization
have taken to protect the interest of United States consumers.
d. International Natural Rubber Agreement Appropriation Authorization
Public Law 96-271 [S. 2666], 94 Stat. 499, approved June 16, 1980
AN ACT To authorize appropriations for the International Natural Rubber
Agreement for fiscal year 1981.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That in
order to meet the obligations of the United States as a member
of the International Natural Rubber Organization established by
the International Natural Rubber Agreement, there is authorized
to be appropriated for the fiscal year 1981 $88,000,000 for the
payment of contributions by the United States to the buffer
stock account established by the agreement. Funds appropriated
under this Act are authorized to remain available during the
period in which the International Natural Rubber Agreement
remains in effect with respect to the United States.
e. International Sugar Agreement, 1977, Implementation
Public Law 96-236 [H.R. 6029], 94 Stat. 336, approved April 22, 1980;
as amended by Public Law 97-446 [H.R. 4566], 96 Stat. 2329 at 2344,
approved January 12, 1983; and Public Law 105-277 [H.R. 4328; 112 Stat.
2681-817], approved October 21, 1998
AN ACT Providing for the implementation of the International Sugar
Agreement, 1977, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ DEFINITIONS.
For purposes of this Act--
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\1\ 7 U.S.C. 3601. Executive Order 12224 (July 1, 1980; 45 F.R.
45243) delegated functions vested in the President by this Act to the
United States Trade Representative, in consultation with the Secretary
of Agriculture and the Secretary of State.
---------------------------------------------------------------------------
(1) The term ``Agreement'' means the International
Sugar Agreement, 1977, signed at New York City on
December 9, 1977.
(2) The term ``sugar'' has the same meaning as is
given to such term in paragraph (12) of Article 2 of
the Agreement.
(3) The term ``entry'' means entry, or withdrawal
from warehouse, for consumption in the customs
territory of the United States.
SEC. 2.\2\ IMPLEMENTATION OF AGREEMENT.
On and after the entering into force of the Agreement with
respect to the United States, and for such period before
January 1, 1985,\3\ as the Agreement remains in force, the
President may, in order to carry out and enforce the provisions
of the Agreement--
---------------------------------------------------------------------------
\2\ 7 U.S.C. 3602.
\3\ Sec. 153 of Public Law 97-446 (96 Stat. 2344) extended this
date from January 1, 1983, to January 1, 1985.
---------------------------------------------------------------------------
(1) regulate the entry of sugar by appropriate means,
including, but not limited to--
(A) the imposition of limitations on the
entry of sugar which is the product of foreign
countries, territories, or areas not members of
the International Sugar Organization, and
(B) the prohibition of the entry of any
shipment or quantity of sugar not accompanied
by a valid certificate of contribution or such
other documentation as may be required under
the Agreement;
(2) require of appropriate persons the keeping of
such records, statistics, and other information, and
the submission of such reports, relating to the entry,
distribution, prices, and consumption of sugar and
alternative sweeteners as he may from time to time
prescribe; and
(3) take such other action, and issue and enforce
such rules or regulations, as he may consider necessary
or appropriate in order to implement the rights and
obligations of the United States under the Agreement.
SEC. 3.\4\ DELEGATION OF POWERS AND DUTIES.
The President may exercise any power or duty conferred on
him by this Act through such agencies or offices of the United
States as he shall designate. Such agencies or offices shall
issue such regulations as they determine are necessary to
implement this Act.
---------------------------------------------------------------------------
\4\ 7 U.S.C. 3603.
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SEC. 4.\5\ CRIMINAL OFFENSES.
Any person who--
---------------------------------------------------------------------------
\5\ 7 U.S.C. 3604.
---------------------------------------------------------------------------
(1) knowingly fails to keep any information, or to
submit any report, required under section 2;
(2) submits any report under section 2 knowing that
the report or any part thereof is false; or
(3) knowingly violates any rule or regulation issued
to carry out this Act;
is guilty of an offense and upon conviction thereof is
punishable by a fine of not more than $1,000.
---------------------------------------------------------------------------
\6\ 7 U.S.C. 3605. Sec. 2219(a)(5) of Public Law 105-277 (112 Stat
2681-817) repealed sec. 5, which formerly read as follows:
---------------------------------------------------------------------------
``sec. 5. report to congress.
---------------------------------------------------------------------------
``The President shall submit to Congress, on or before May 1 and
November 1 of each year, a report on the operation and effect of the
agreement during the immediately preceding six-month period. Unless
otherwise published on a regular basis by an agency of the United
States, the report shall contain, but not be limited to--
---------------------------------------------------------------------------
``(1) information with respect to world and domestic sugar demand,
supplies, and prices during the period concerned;
``(2) projections with respect to world and domestic sugar demand,
supplies, and prices; and
``(3) a summary of the international and domestic actions taken during
the period concerned under the Agreement and under domestic legislation to
protect the interests of United States consumers and producers of sugar.''.
---------------------------------------------------------------------------
\7\ 7 U.S.C. 3606. Sec. 101(g) of the Federal Reports Elimination
Act of 1998 (Public Law 105-362; 112 Stat. 3281) repealed sec. 6, which
formerly read as follows:
---------------------------------------------------------------------------
``sec. 6. protection of interests of united states consumers.
---------------------------------------------------------------------------
``The powers and duties conferred by sections 2 and 3 shall be
exercised in the manner the President considers appropriate to protect
the interests of United States consumers. If the President determines
that there has been an unwarranted increase in the price of sugar due
in whole or in part to the Agreement, or to market manipulation by two
or more members of the International Sugar Organization, the President
shall request the International Sugar Council or the Executive
Committee to increase supplies of sugar available to world markets by
suspending sugar export quotas or to take any other appropriate action,
and, at the same time, shall report that determination to the Congress.
If the International Sugar Council fails to take corrective action to
remedy the situation within a reasonable time after such request, the
President shall submit to the Congress such recommendations as he may
consider appropriate to correct the situation. In the event that
members of the International Sugar Organization involved in market
manipulation which has resulted in price increases have failed to
remedy the situation within a reasonable time after a request for
remedy, the exercise of the authority set forth in section 2 shall be
suspended until the President determines that effective market
manipulation activities have ceased.''.
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SEC. 5.\6\ * * * [REPEALED--1998]
SEC. 6.\7\ * * * [REPEALED--1998]
f. Strategic and Critical Materials Transaction Authorization Act of
1979
Public Law 96-175 [H.R. 595], 93 Stat. 1289, approved December 29, 1979
AN ACT To authorize certain transactions involving the acquisition and
disposal of strategic and critical materials for the National Defense
Stockpile.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Strategic and Critical Materials
Transaction Authorization Act of 1979''.
Sec. 2. There is authorized to be appropriated the sum of
$237,000,000 for the acquisition of strategic and critical
materials under section 6(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98e). Before any
acquisition using funds appropriated under the authorization of
this section may be carried out, a list of the materials to be
acquired shall be submitted to the Committees on Armed Services
of the Senate and House of Representatives, and such
acquisition may not then be carried out until the end of the
60-day period beginning on the date such list is received by
such committees.
Sec. 3. The President is hereby authorized to dispose of
materials determined to be excess to the current requirements
of the National Defense Stockpile in the following quantities:
(1) 35,000 long tons of tin.
(2) 3,000,000 carats of industrial diamond stones.
(3) 5,000,000 troy ounces of silver.
Sec. 4. Any acquisition using funds appropriated under the
authorization of section 2, and any disposal under the
authority of section 3, shall be carried out in accordance with
the provisions of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98 et seq.).
Sec. 5. The President, on behalf of the United States,\1\
is authorized to contribute (from the amount of tin authorized
to be disposed of under section 3(1)) up to 5,000 long tons of
tin to the Tin Buffer Stock established under the Fifth
International Tin Agreement. Upon the termination of such
agreement in 1981, all proceeds generated from such
contribution shall be remitted to the National Defense
Stockpile Transaction Fund established by section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h).
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\1\ The functions vested in the President by sec. 5 were delegated
to the United States Trade Representative pursuant to Executive Order
12263 (January 8, 1981; 46 F.R. 2315). Subsequently, Executive Order
12553 (February 25, 1986; 51 F.R. 7237) revoked Executive Order 12263.
10. Foreign Corrupt Practices
a. Foreign Corrupt Practices Act of 1977
Partial text of Public Law 95-213 [S. 305], 91 Stat. 1494, approved
December 19, 1977; as amended by Public Law 100-418 [Omnibus Trade and
Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
August 23, 1988; Public Law 103-322 [Violent Crime Control and Law
Enforcement Act of 1994; H.R. 3355], 108 Stat. 1796, approved September
13, 1994; and Public Law 105-366 [International Bribery and Fair
Competition Act of 1998; S. 2375], 112 Stat. 3302, approved November
10, 1998
AN ACT To amend the Securities Exchange Act of 1934 to make it unlawful
for an issuer of securities registered pursuant to section 12 of such
Act or an issuer required to file reports pursuant to section 15(d) of
such Act to make certain payments to foreign officials and other
foreign persons, to require such issuers to maintain accurate records,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--FOREIGN CORRUPT PRACTICES
short title
Sec. 101.\1\ This title may be cited as the ``Foreign
Corrupt Practices Act of 1977''.
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\1\ 15 U.S.C. 78a note.
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* * * * * * *
prohibited foreign trade practices by domestic concerns
Sec. 104.\2\ (a) Prohibition.--It shall be unlawful for any
domestic concern, other than an issuer which is subject to
section 30A of the Securities Exchange Act of 1934, or for any
officer, director, employee, or agent of such domestic concern
or any stockholder thereof acting on behalf of such domestic
concern, to make use of the mails or any means or
instrumentality of interstate commerce corruptly in furtherance
of an offer, payment, promise to pay, or authorization of the
payment of any money, or offer, gift, promise to give, or
authorization of the giving of anything of value to--
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\2\ 15 U.S.C. 78dd-2. Sec. 5003(c) of Public Law 100-418 (Omnibus
Trade and Competitiveness Act of 1988; 102 Stat. 1419) amended and
restated sec. 104.
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(1) any foreign official for purposes of--
(A) \3\ (i) influencing any act or decision
of such foreign official in his official
capacity, or (ii) inducing such foreign
official to do or omit to do any act in
violation of the lawful duty of such official,
or (iii) securing any improper advantage; or
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\3\ Sec. 3(a)(1) of Public Law 105-366 (112 Stat. 3304) amended and
restated para. (A) and added subclause (iii).
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(B) inducing such foreign official to use his
influence with a foreign government or
instrumentality thereof to affect or influence
any act or decision of such government or
instrumentality,
in order to assist such domestic concern in obtaining
or retaining business for or with, or directing
business to, any person;
(2) any foreign political party or official thereof
or any candidate for foreign political office for
purposes of--
(A) \4\ (i) influencing any act or decision
of such party, official, or candidate in its or
his official capacity, or (ii) inducing such
party, official, or candidate to do or omit to
do an act in violation of the lawful duty of
such party, official, or candidate, or (iii)
securing any improper advantage; or
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\4\ Sec. 3(a)(2) of Public Law 105-366 (112 Stat. 3304) amended and
restated para. (A) and added subclause (iii).
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(B) inducing such party, official, or
candidate to use its or his influence with a
foreign government or instrumentality thereof
to affect or influence any act or decision of
such government or instrumentality,
in order to assist such domestic concern in obtaining
or retaining business for or with, or directing
business to, any person; or
(3) any person, while knowing that all or a portion
of such money or thing of value will be offered, given,
or promised, directly or indirectly, to any foreign
official, to any foreign political party or official
thereof, or to any candidate for foreign political
office, for purposes of--
(A)\5\ (i) influencing any act or decision of
such foreign official, political party, party
official, or candidate in his or its official
capacity, or (ii) inducing such foreign
official, political party, party official, or
candidate to do or omit to do any act in
violation of the lawful duty of such foreign
official, political party, party official, or
candidate, or (iii) securing any improper
advantage; or
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\5\ Sec. 3(a)(3) of Public Law 105-366 (112 Stat. 3304) amended and
restated para. (A) and added subclause (iii).
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(B) inducing such foreign official, political
party, party official, or candidate to use his
or its influence with a foreign government or
instrumentality thereof to affect or influence
any act or decision of such government or
instrumentality,
in order to assist such domestic concern \6\ in
obtaining or retaining business for or with, or
directing business to, any person.
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\6\ Sec. 330005 of Public Law 103-322 (108 Stat. 2142) struck out
``issuer'' and inserted in lieu thereof ``domestic concern''.
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(b) Exception for Routine Governmental Action.--Subsections
(a) and (i) \7\ shall not apply to any facilitating or
expediting payment to a foreign official, political party, or
party official the purpose of which is to expedite or to secure
the performance of a routine governmental action by a foreign
official, political party, or party official.
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\7\ Sec. 3(d)(2) of Public Law 105-366 (112 Stat. 3305) struck out
``Subsection (a)'' and inserted in lieu thereof ``Subsections (a) and
(i)''.
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(c) Affirmative Defenses.--It shall be an affirmative defense
to actions under subsections (a) and (i) \8\ that--
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\8\ Sec. 3(d)(3) of Public Law 105-366 (112 Stat. 3305) struck out
``subsection (a)'' and inserted in lieu thereof ``subsections (a) and
(i)''.
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(1) the payment, gift, offer, or promise of anything
of value that was made, was lawful under the written
laws and regulations of the foreign official's,
political party's, party official's, or candidate's
country; or
(2) the payment, gift, offer, or promise of anything
of value that was made, was a reasonable and bona fide
expenditure, such as travel and lodging expenses,
incurred by or on behalf of a foreign official, party,
party official, or candidate and was directly related
to--
(A) the promotion, demonstration, or
explanation of products or services; or
(B) the execution or performance of a
contract with a foreign government or agency
thereof.
(d) Injunctive Relief.--(1) When it appears to the Attorney
General that any domestic concern to which this section
applies, or officer, director, employee, agent, or stockholder
thereof, is engaged, or about to engage, in any act or practice
constituting a violation of subsections (a) and (i) \9\ of this
section, the Attorney General may, in his discretion, bring a
civil action in an appropriate district court of the United
States to enjoin such act or practice, and upon a proper
showing, a permanent injunction or a temporary restraining
order shall be granted without bond.
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\9\ Sec. 3(d)(4) of Public Law 105-366 (112 Stat. 3305) struck out
``subsection (a)'' and inserted in lieu thereof ``subsections (a) and
(i)''.
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(2) For the purpose of any civil investigation which, in the
opinion of the Attorney General, is necessary and proper to
enforce this section, the Attorney General or his designee are
empowered to administer oaths and affirmations, subpoena
witnesses, take evidence, and require the production of any
books, papers, or other documents which the Attorney General
deems relevant or material to such investigation. The
attendance of witnesses and the production of documentary
evidence may be required from any place in the United States,
or any territory, possession, or commonwealth of the United
States, at any designated place of hearing.
(3) In case of contumacy by, or refusal to obey a subpoena
issued to, any person, the Attorney General may invoke the aid
of any court of the United States within the jurisdiction of
which such investigation or proceeding is carried on, or where
such person resides or carries on business, in requiring the
attendance and testimony of witnesses and the production of
books, papers, or other documents. Any such court may issue an
order requiring such person to appear before the Attorney
General or his designee, there to produce records, if so
ordered, or to give testimony touching the matter under
investigation. Any failure to obey such order of the court may
be punished by such court as a contempt thereof. All process in
any such case may be served in the judicial district in which
such person resides or may be found. The Attorney General may
make such rules relating to civil investigations as may be
necessary or appropriate to implement the provisions of this
subsection.
(e) Guidelines by the Attorney General.--Not later than 6
months after the date of the enactment of the Foreign Corrupt
Practices Act Amendments of 1988, the Attorney General, after
consultation with the Securities and Exchange Commission, the
Secretary of Commerce, the United States Trade Representative,
the Secretary of State, and the Secretary of the Treasury, and
after obtaining the views of all interested persons through
public notice and comment procedures, shall determine to what
extent compliance with this section would be enhanced and the
business community would be assisted by further clarification
of the preceding provisions of this section and may, based on
such determination and to the extent necessary and appropriate,
issue--
(1) guidelines describing specific types of conduct,
associated with common types of export sales
arrangements and business contracts, which for purposes
of the Department of Justice's present enforcement
policy, the Attorney General determines would be in
conformance with the preceding provisions of this
section; and
(2) general precautionary procedures which domestic
concerns may use on a voluntary basis to conform their
conduct to the Department of Justice's present
enforcement policy regarding the preceding provisions
of this section.
The Attorney General shall issue the guidelines and procedures
referred to in the preceding sentence in accordance with the
provisions of subchapter II of chapter 5 of title 5, United
States Code, and those guidelines and procedures shall be
subject to the provisions of chapter 7 of that title.
(f) Opinions of the Attorney General.--(1) The Attorney
General, after consultation with appropriate departments and
agencies of the United States and after obtaining the views of
all interested persons through public notice and comment
procedures, shall establish a procedure to provide responses to
specific inquiries by domestic concerns concerning conformance
of their conduct with the Department of Justice's present
enforcement policy regarding the preceding provisions of this
section. The Attorney General shall, within 30 days after
receiving such a request, issue an opinion in response to that
request. The opinion shall state whether or not certain
specified prospective conduct would, for purposes of the
Department of Justice's present enforcement policy, violate the
preceding provisions of this section. Additional requests for
opinions may be filed with the Attorney General regarding other
specified prospective conduct that is beyond the scope of
conduct specified in previous requests. In any action brought
under the applicable provisions of this section, there shall be
a rebuttable presumption that conduct, which is specified in a
request by a domestic concern and for which the Attorney
General has issued an opinion that such conduct is in
conformity with the Department of Justice's present enforcement
policy, is in compliance with the preceding provisions of this
section. Such a presumption may be rebutted by a preponderance
of the evidence. In considering the presumption for purposes of
this paragraph, a court shall weigh all relevant factors,
including but not limited to whether the information submitted
to the Attorney General was accurate and complete and whether
it was within the scope of the conduct specified in any request
received by the Attorney General. The Attorney General shall
establish the procedure required by this paragraph in
accordance with the provisions of subchapter II of chapter 5 of
title 5, United States Code, and that procedure shall be
subject to the provisions of chapter 7 of that title.
(2) Any document or other material which is provided to,
received by, or prepared in the Department of Justice or any
other department or agency of the United States in connection
with a request by a domestic concern under the procedure
established under paragraph (1), shall be exempt from
disclosure under section 552 of title 5, United States Code,
and shall not, except with the consent of the domestic concern,
be made publicly available, regardless of whether the Attorney
General responds to such a request or the domestic concern
withdraws such request before receiving a response.
(3) Any domestic concern who has made a request to the
Attorney General under paragraph (1) may withdraw such request
prior to the time the Attorney General issues an opinion in
response to such request. Any request so withdrawn shall have
no force or effect.
(4) The Attorney General shall, to the maximum extent
practicable, provide timely guidance concerning the Department
of Justice's present enforcement policy with respect to the
preceding provisions of this section to potential exporters and
small businesses that are unable to obtain specialized counsel
on issues pertaining to such provisions. Such guidance shall be
limited to responses to requests under paragraph (1) concerning
conformity of specified prospective conduct with the Department
of Justice's present enforcement policy regarding the preceding
provisions of this section and general explanations of
compliance responsibilities and of potential liabilities under
the preceding provisions of this section.
(g) Penalties.\10\--(1)(A) Any domestic concern that is not a
natural person and that violates subsection (a) or (i) shall be
fined not more than $2,000,000.
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\10\ Sec. 3(b)(1) of Public Law 105-366 (112 Stat. 3304) amended
subsec. (g). The subsection previously read as follows:
``(g) Penalties.--(1)(A) Any domestic concern that violates
subsection (a) of this section shall be fined not more than $2,000,000.
``(B) Any domestic concern that violates subsection (a) of this
section shall be subject to a civil penalty of not more than $10,000
imposed in an action brought by the Attorney General.''.
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(B) Any domestic concern that is not a natural person and
that violates subsection (a) or (i) of this section shall be
subject to a civil penalty of not more than $10,000 imposed in
an action brought by the Attorney General.
(2)(A) \11\ Any natural person that is an officer, director,
employee, or agent of a domestic concern, or stockholder acting
on behalf of such domestic concern, who willfully violates
subsection (a) or (i) shall be fined not more than $100,000, or
imprisoned not more than 5 years, or both.
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\11\ Sec. 3(b)(2) of Public Law 105-366 (112 Stat. 3304) amended
para. (2). The paragraph previously read as follows:
``(2)(A) Any officer or director of a domestic concern, or
stockholder acting on behalf of such domestic concern, who willfully
violates subsection (a) shall be fined not more than $100,000, or
imprisoned not more than 5 years, or both.
``(B) Any employee or agent of a domestic concern who is a United
States citizen, national, or resident or is otherwise subject to the
jurisdiction of the United States (other than an officer, director, or
stockholder acting on behalf of such domestic concern), and who
willfully violates subsection (a), shall be fined not more than
$100,000, or imprisoned not more than 5 years, or both.
``(C) Any officer, director, employee, or agent of a domestic
concern, or stockholder acting on behalf of such domestic concern, who
violates subsection (a) shall be subject to a civil penalty of not more
than $10,000 imposed in an action brought by the Attorney General.''.
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(B) Any natural person that is an officer, director,
employee, or agent of a domestic concern, or stockholder acting
on behalf of such domestic concern, who violates subsection (a)
or (i) of this section shall be subject to a civil penalty of
not more than $10,000 imposed in an action brought by the
Attorney General.
(3) Whenever a fine is imposed under paragraph (2) upon any
officer, director, employee, agent, or stockholder of a
domestic concern, such fine may not be paid, directly or
indirectly, by such domestic concern.
(h) Definitions.--For purposes of this section:
(1) The term ``domestic concern'' means--
(A) any individual who is a citizen,
national, or resident of the United States; and
(B) any corporation, partnership,
association, joint-stock company, business
trust, unincorporated organization, or sole
proprietorship which has its principal place of
business in the United States, or which is
organized under the laws of a State of the
United States or a territory, possession, or
commonwealth of the United States.
(2)(A) \12\ The term ``foreign official'' means any
officer or employee of a foreign government or any
department, agency, or instrumentality thereof, or of a
public international organization, or any person acting
in an official capacity for or on behalf of any such
government or department, agency, or instrumentality,
or for or on behalf of any such public international
organization.
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\12\ Sec. 3(c) of Public Law 105-366 (112 Stat. 3305) amended para.
(2), which previously read as follows:
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``(2) The term ``foreign official'' means any officer or employee of a
foreign government or any department, agency, or instrumentality thereof,
or any person acting in an official capacity for or on behalf of any such
government or department, agency, or instrumentality.''.
(B) For purposes of subparagraph (A), the term
``public international organization'' means
(i) an organization that is designated by
Executive order pursuant to section 1 of the
International Organizations Immunities Act (22
U.S.C. 288); or
(ii) any other international organization
that is designated by the President by
Executive order for the purposes of this
section, effective as of the date of
publication of such order in the Federal
Register.
(3)(A) A person's state of mind is ``knowing'' with
respect to conduct, a circumstance, or a result if--
(i) such person is aware that such person is
engaging in such conduct, that such
circumstance exists, or that such result is
substantially certain to occur; or
(ii) such person has a firm belief that such
circumstance exists or that such result is
substantially certain to occur.
(B) When knowledge of the existence of a particular
circumstance is required for an offense, such knowledge
is established if a person is aware of a high
probability of the existence of such circumstance,
unless the person actually believes that such
circumstance does not exist.
(4)(A) The \13\ term ``routine governmental action''
means only an action which is ordinarily and commonly
performed by a foreign official in--
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\13\ Sec. 3(e) of Public Law 105-366 (112 Stat. 3305) struck out
``For purposes of paragraph (1), the'' and inserted in lieu thereof
``The''.
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(i) obtaining permits, licenses, or other
official documents to qualify a person to do
business in a foreign country;
(ii) processing governmental papers, such as
visas and work orders;
(iii) providing police protection, mail pick-
up and delivery, or scheduling inspections
associated with contract performance or
inspections related to transit of goods across
country;
(iv) providing phone service, power and water
supply, loading and unloading cargo, or
protecting perishable products or commodities
from deterioration; or
(v) actions of a similar nature.
(B) The term ``routine governmental action'' does not
include any decision by a foreign official whether, or
on what terms, to award new business to or to continue
business with a particular party, or any action taken
by a foreign official involved in the decision-making
process to encourage a decision to award new business
to or continue business with a particular party.
(5) The term ``interstate commerce'' means trade,
commerce, transportation, or communication among the
several States, or between any foreign country and any
State or between any State and any place or ship
outside thereof, and such term includes the intrastate
use of--
(A) a telephone or other interstate means of
communication, or
(B) any other interstate instrumentality.
(i) Alternative Jurisdiction.--\14\
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\14\ Sec. 3(d) of Public Law 105-366 (112 Stat. 3305) added subsec.
(i).
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(1) It shall also be unlawful for any United States
person to corruptly do any act outside the United
States in furtherance of an offer, payment, promise to
pay, or authorization of the payment of any money, or
offer, gift, promise to give, or authorization of the
giving of anything of value to any of the persons or
entities set forth in paragraphs (1), (2), and (3) of
subsection (a), for the purposes set forth therein,
irrespective of whether such United States person makes
use of the mails or any means or instrumentality of
interstate commerce in furtherance of such offer, gift,
payment, promise, or authorization.
(2) As used in this subsection, the term ``United
States person'' means a national of the United States
(as defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)) or any corporation,
partnership, association, joint-stock company, business
trust, unincorporated organization, or sole
proprietorship organized under the laws of the United
States or any State, territory, possession, or
commonwealth of the United States, or any political
subdivision thereof.
SEC. 104A.\15\ PROHIBITED FOREIGN TRADE PRACTICES BY PERSONS OTHER THAN
ISSUERS OR DOMESTIC CONCERNS.
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\15\ 15 U.S.C. 78dd-3. Sec. 4 of the International Bribery and Fair
Competition Act of 1998 (Public Law 105-366; 112 Stat. 3306), added
sec. 104A.
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(a) Prohibition.--It shall be unlawful for any person other
than an issuer that is subject to section 30A of the Securities
Exchange Act of 1934 or a domestic concern (as defined in
section 104 of this Act), or for any officer, director,
employee, or agent of such person or any stockholder thereof
acting on behalf of such person, while in the territory of the
United States, corruptly to make use of the mails or any means
or instrumentality of interstate commerce or to do any other
act in furtherance of an offer, payment, promise to pay, or
authorization of the payment of any money, or offer, gift,
promise to give, or authorization of the giving of anything of
value to--
(1) any foreign official for purposes of--
(A)(i) influencing any act or decision of
such foreign official in his official capacity,
(ii) inducing such foreign official to do or
omit to do any act in violation of the lawful
duty of such official, or (iii) securing any
improper advantage; or
(B) inducing such foreign official to use his
influence with a foreign government or
instrumentality thereof to affect or influence
any act or decision of such government or
instrumentality, in order to assist such person
in obtaining or retaining business for or with,
or directing business to, any person;
(2) any foreign political party or official thereof
or any candidate for foreign political office for
purposes of--
(A)(i) influencing any act or decision of
such party, official, or candidate in its or
his official capacity, (ii) inducing such
party, official, or candidate to do or omit to
do an act in violation of the lawful duty of
such party, official, or candidate, or (iii)
securing any improper advantage; or
(B) inducing such party, official, or
candidate to use its or his influence with a
foreign government or instrumentality thereof
to affect or influence any act or decision of
such government or instrumentality, in order to
assist such person in obtaining or retaining
business for or with, or directing business to,
any person; or
(3) any person, while knowing that all or a portion
of such money or thing of value will be offered, given,
or promised, directly or indirectly, to any foreign
official, to any foreign political party or official
thereof, or to any candidate for foreign political
office, for purposes of--
(A)(i) influencing any act or decision of
such foreign official, political party, party
official, or candidate in his or its official
capacity, (ii) inducing such foreign official,
political party, party official, or candidate
to do or omit to do any act in violation of the
lawful duty of such foreign official, political
party, party official, or candidate, or (iii)
securing any improper advantage; or
(B) inducing such foreign official, political
party, party official, or candidate to use his
or its influence with a foreign government or
instrumentality thereof to affect or influence
any act or decision of such government or
instrumentality in order to assist such person
in obtaining or retaining business for or with,
or directing business to, any person.
(b) Exception for Routine Governmental Action.--Subsection
(a) of this section shall not apply to any facilitating or
expediting payment to a foreign official, political party, or
party official the purpose of which is to expedite or to secure
the performance of a routine governmental action by a foreign
official, political party, or party official.
(c) Affirmative Defenses.--It shall be an affirmative
defense to actions under subsection (a) of this section that--
(1) the payment, gift, offer, or promise of anything
of value that was made, was lawful under the written
laws and regulations of the foreign official's,
political party's, party official's, or candidate's
country; or
(2) the payment, gift, offer, or promise of anything
of value that was made, was a reasonable and bona fide
expenditure, such as travel and lodging expenses,
incurred by or on behalf of a foreign official, party,
party official, or candidate and was directly related
to--
(A) the promotion, demonstration, or
explanation of products or services; or
(B) the execution or performance of a
contract with a foreign government or agency
thereof.
(d) Injunctive Relief.
(1) When it appears to the Attorney General that any
person to which this section applies, or officer,
director, employee, agent, or stockholder thereof, is
engaged, or about to engage, in any act or practice
constituting a violation of subsection (a) of this
section, the Attorney General may, in his discretion,
bring a civil action in an appropriate district court
of the United States to enjoin such act or practice,
and upon a proper showing, a permanent injunction or a
temporary restraining order shall be granted without
bond.
(2) For the purpose of any civil investigation which,
in the opinion of the Attorney General, is necessary
and proper to enforce this section, the Attorney
General or his designee are empowered to administer
oaths and affirmations, subpoena witnesses, take
evidence, and require the production of any books,
papers, or other documents which the Attorney General
deems relevant or material to such investigation. The
attendance of witnesses and the production of
documentary evidence may be required from any place in
the United States, or any territory, possession, or
commonwealth of the United States, at any designated
place of hearing.
(3) In case of contumacy by, or refusal to obey a
subpoena issued to, any person, the Attorney General
may invoke the aid of any court of the United States
within the jurisdiction of which such investigation or
proceeding is carried on, or where such person resides
or carries on business, in requiring the attendance and
testimony of witnesses and the production of books,
papers, or other documents. Any such court may issue an
order requiring such person to appear before the
Attorney General or his designee, there to produce
records, if so ordered, or to give testimony touching
the matter under investigation. Any failure to obey
such order of the court may be punished by such court
as a contempt thereof.
(4) All process in any such case may be served in the
judicial district in which such person resides or may
be found. The Attorney General may make such rules
relating to civil investigations as may be necessary or
appropriate to implement the provisions of this
subsection.
(e) Penalties.--
(1)(A) Any juridical person that violates subsection
(a) of this section shall be fined not more than
$2,000,000.
(B) Any juridical person that violates subsection (a)
of this section shall be subject to a civil penalty of
not more than $10,000 imposed in an action brought by
the Attorney General.
(2)(A) Any natural person who willfully violates
subsection (a) of this section shall be fined not more
than $100,000 or imprisoned not more than 5 years, or
both.
(B) Any natural person who violates subsection (a) of
this section shall be subject to a civil penalty of not
more than $10,000 imposed in an action brought by the
Attorney General.
(3) Whenever a fine is imposed under paragraph (2)
upon any officer, director, employee, agent, or
stockholder of a person, such fine may not be paid,
directly or indirectly, by such person.
(f) Definitions.--For purposes of this section:
(1) The term ``person'', when referring to an
offender, means any natural person other than a
national of the United States (as defined in section
101 of the Immigration and Nationality Act (8 U.S.C.
1101) or any corporation, partnership, association,
joint-stock company, business trust, unincorporated
organization, or sole proprietorship organized under
the law of a foreign nation or a political subdivision
thereof.
(2)(A) The term ``foreign official'' means any
officer or employee of a foreign government or any
department, agency, or instrumentality thereof, or of a
public international organization, or any person acting
in an official capacity for or on behalf of any such
government or department, agency, or instrumentality,
or for or on behalf of any such public international
organization.
(B) For purposes of subparagraph (A), the term
``public international organization'' means--
(i) an organization that is designated by
Executive order pursuant to section 1 of the
International Organizations Immunities Act (22
U.S.C. 288); or
(ii) any other international organization
that is designated by the President by
Executive order for the purposes of this
section, effective as of the date of
publication of such order in the Federal
Register.
(3)(A) A person's state of mind is knowing, with
respect to conduct, a circumstance or a result if--
(i) such person is aware that such person is
engaging in such conduct, that such
circumstance exists, or that such result is
substantially certain to occur; or
(ii) such person has a firm belief that such
circumstance exists or that such result is
substantially certain to occur.
(B) When knowledge of the existence of a particular
circumstance is required for an offense, such knowledge
is established if a person is aware of a high
probability of the existence of such circumstance,
unless the person actually believes that such
circumstance does not exist.
(4)(A) The term ``routine governmental action'' means
only an action which is ordinarily and commonly
performed by a foreign official in--
(i) obtaining permits, licenses, or other
official documents to qualify a person to do
business in a foreign country;
(ii) processing governmental papers, such as
visas and work orders;
(iii) providing police protection, mail pick-
up and delivery, or scheduling inspections
associated with contract performance or
inspections related to transit of goods across
country;
(iv) providing phone service, power and water
supply, loading and unloading cargo, or
protecting perishable products or commodities
from deterioration; or
(v) actions of a similar nature.
(B) The term ``routine governmental action'' does not
include any decision by a foreign official whether, or
on what terms, to award new business to or to continue
business with a particular party, or any action taken
by a foreign official involved in the decision-making
process to encourage a decision to award new business
to or continue business with a particular party.
(5) The term ``interstate commerce'' means trade,
commerce, transportation, or communication among the
several States, or between any foreign country and any
State or between any State and any place or ship
outside thereof, and such term includes the intrastate
use of--
(A) a telephone or other interstate means of
communication, or
(B) any other interstate instrumentality.
* * * * * * *
b. Foreign Corrupt Practices Act Amendments of 1988
Partial text of Title V of Public Law 100-418 [Omnibus Trade and
Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107 at 1415,
approved August 23, 1988
AN ACT To enhance the competitiveness of American industry, and for
other purposes.
* * * * * * *
Subtitle A--Foreign Corrupt Practices Act Amendments; Review of Certain
Acquisitions
part i--foreign corrupt practices act amendments
SEC. 5001. SHORT TITLE.
This part may be cited as the ``Foreign Corrupt Practices Act
Amendments of 1988''.
* * * * * * *
SEC. 5003. FOREIGN CORRUPT PRACTICES ACT AMENDMENTS.
* * * * * * *
(d) International Agreement.--
(1) Negotiations.--It is the sense of the Congress
that the President should pursue the negotiation of an
international agreement, among the members of the
Organization of Economic Cooperation and Development,
to govern persons from those countries concerning acts
prohibited with respect to issuers and domestic
concerns by the amendments made by this section. Such
international agreement should include a process by
which problems and conflicts associated with such acts
could be resolved.
(2) Report to congress.--(A) Within 1 year after the
date of the enactment of this Act, the President shall
submit to the Congress a report on--
(i) the progress of the negotiations referred
to in paragraph (1),
(ii) those steps which the executive branch
and the Congress should consider taking in the
event that these negotiations do not
successfully eliminate any competitive
disadvantage of United States businesses that
results when persons from other countries
commit the acts described in paragraph (1); and
(iii) possible actions that could be taken to
promote cooperation by other countries in
international efforts to prevent bribery of
foreign officials, candidates, or parties in
third countries.
(B) The President shall include in the report
submitted under subparagraph (A)--
(i) any legislative recommendations necessary
to give the President the authority to take
appropriate action to carry out clauses (ii)
and (iii) of subparagraph (A);
(ii) an analysis of the potential effect on
the interests of the United States, including
United States national security, when persons
from other countries commit the acts described
in paragraph (1); and
(iii) an assessment of the current and future
role of private initiatives in curtailing such
acts.
part ii--review of certain mergers, acquisitions, and takeovers
* * * * * * *
c. International Anti-Bribery and Fair Competition Act of 1998
Partial text of Public Law 105-366 [S. 2375], 112 Stat. 3302, approved
November 10, 1998
AN ACT To amend the Securities Exchange Act of 1934 and the Foreign
Corrupt Practices Act of 1977 to improve the competitiveness of
American business and promote foreign commerce, and for other purposes.
* * * * * * *
SEC. 5. \1\ TREATMENT OF INTERNATIONAL ORGANIZATIONS PROVIDING
COMMERCIAL COMMUNICATIONS SERVICES.
(a) Definition.--For purposes of this section:
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78dd-1 note.
---------------------------------------------------------------------------
(1) International organization provided commercial
services.--The term ``international organization
providing commercial communications services'' means--
(A) the International Telecommunications
Satellite Organization established pursuant to
the Agreement Relating to the International
Telecommunications Satellite Organization; and
(B) the International Mobile Satellite
Organization established pursuant to the
Convention on the International Maritime
Satellite Organization.
(2) Pro-competitive privatization.--The term ``pro-
competitive privatization'' means a privatization that
the President determines to be consistent with the
United States policy of obtaining full and open
competition to such organizations (or their
successors), and nondiscriminatory market access, in
the provision of satellite services.
(b) Treatment as Public International Organizations.--
(1) Treatment.--An international organization
providing commercial communications services shall be
treated as a public international organization for
purposes of section 30A of the Securities Exchange Act
of 1934 (15 U.S.C. 78dd-1) and sections 104 and 104A of
the Foreign Corrupt Practices Act of 1977 (15 U.S.C.
78dd-2) until such time as the President certifies to
the Committee on Commerce of the House of
Representatives and the Committees on Banking, Housing
and Urban Affairs and Commerce, Science, and
Transportation that such international organization
providing commercial communications services has
achieved a pro-competitive privatization.
(2) Limitation on effect of treatment.--The
requirement for a certification under paragraph (1),
and any certification made under such paragraph, shall
not be construed to affect the administration by the
Federal Communications Commission of the Communications
Act of 1934 in authorizing the provision of services
to, from, or within the United States over space
segment of the international satellite organizations,
or the privatized affiliates or successors thereof.
(c) Extension of Legal Process.--
(1) In general.--Except as required by international
agreements to which the United States is a party, an
international organization providing commercial
communications services, its officials and employees,
and its records shall not be accorded immunity from
suit or legal process for any act or omission taken in
connection with such organization's capacity as a
provider, directly or indirectly, of commercial
telecommunications services to, from, or within the
United States.
(2) No effect on personal liability.--Paragraph (1)
shall not affect any immunity from personal liability
of any individual who is an official or employee of an
international organization providing commercial
communications services.
(3) Effective date.--This subsection shall take
effect on May 1, 1999.
(d) Eliminataion or Limitation of Exceptions.--
(1) Action required.--The President shall, in a
manner that is consistent with requirements in
international agreements to which the United States is
a party, expeditiously take all appropriate actions
necessary to eliminate or to reduce substantially all
privileges and immunities that are accorded to an
international organization described in subparagraph
(A) or (B) of subsection (a)(1), its officials, its
employees, or its records, and that are not eliminated
pursuant to subsection (c).
(2) Designation of agreements.--The President shall
designate which agreements constitute international
agreements to which the United States is a party for
purposes of this section.
(e) Preservation of Law Enforcement and Intelligence
Functions.--Nothing in subsection (c) or (d) of this section
shall affect any immunity from suit or legal process of an
international organization providing commercial communications
services, or the privatized affiliates or successors thereof,
for acts or omissions--
(1) under chapter 119, 121, 206, or 601 of title 18,
United States Code, the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),
section 514 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 884), or Rule 104,
501, or 608 of the Federal Rules of Evidence;
(2) under similar State laws providing protection to
service providers cooperating with law enforcement
agencies pursuant to State electronic surveillance or
evidence laws, rules, regulations, or procedures; or
(3) pursuant to a court order.
(f) Rules of Construction.--
(1) Negotiations.--Nothing in this section shall
affect the President's existing constitutional
authority regarding the time, scope, and objectives of
international negotiations.
(2) Privatization.--Nothing in this section shall be
construed as legislative authorization for the
privatization of INTELSAT or Inmarsat, nor to increase
the President's authority with respect to negotiations
concerning such privatization.
SEC. 6.\1\ ENFORCEMENT AND MONITORING.
(a) Reports Required.--Not later than July 1 of 1999 and
each of the 5 succeeding years, the Secretary of Commerce shall
submit to the House of Representatives and the Senate a report
that contains the following information with respect to
implementation of the Convention:
(1) Ratification.--A list of the countries that have
ratified the Convention, the dates of ratification by
such countries, and the entry into force for each such
country.
(2) Domestic legislation.--A description of domestic
laws enacted by each party to the Convention that
implement commitments under the Convention, and
assessment of the compatibility of such laws with the
Convention.
(3) Enforcement.--As assessment of the measures taken
by each party to the Convention during the previous
year to fulfill its obligations under the Convention
and achieve its object and purpose including--
(A) an assessment of the enforcement of the
domestic laws described in paragraph (2);
(B) an assessment of the efforts by each such
party to promote public awareness of such
domestic laws and the achievement of such
object and purpose; and
(C) an assessment of the effectiveness,
transparency, and viability of the monitoring
process for the Convention,including its
inclusion of input from the private sector and
nongovernmental organizations.
(4) Laws prohibiting tax deduction of bribes.--An
explanation of the domestic laws enacted by each party
tothe Convention that would prohibit the deduction of
bribes in the computation of domestic taxes.
(5) New signatories.--A description of efforts to
expand international participation in the Convention by
adding new signatories to the Convention and by
assuring that all countries which are or become members
of the Organization for Economic Cooperation and
Development are also parties to the Convention.
(6) Subsequent efforts.--An assessment of the status
of efforts to strengthen the Convention by extending
the prohibitions contained in the Convention to cover
bribes to political parties, party officials, and
candidates for political office.
(7) Advantages.--Advantages, in terms of immunities,
market access, or otherwise, in the countries or
regions served by the organizations described in
section 5(a), the reason for such advantages, and an
assessment of progress toward fulfilling the policy
described in that section.
(8) Bribery and transparency.--An assessment of anti-
bribery programs and transparency with respect to each
of the international organizations covered by this Act.
(9) Private sector review.--A description of the
steps taken to ensure full involvement of United States
private sector participants and representatives of
nongovernmental organizations in the monitoring and
implementation of the Convention.
(10) Additional information.--In consultation with
the private sector participants and representatives of
nongovernmental organizations described in paragraph
(9), a list of additional means for enlarging the scope
of the Convention and otherwise increasing its
effectiveness. Such additional means shall include, but
not be limited to, improved recordkeeping provisions
and the desirability of expanding the applicability of
the Convention to additional individuals and
organizations and the impact on United States business
of section 30A of the Securities Exchange Act of 1934
and sections 104 and 104A of the Foreign Corrupt
Practices Act of 1977.
(b) Definition.--For purposes of this section, the term
``Convention'' means the Convention on Combating Bribery of
Foreign Public Officials in International Business Transactions
adopted on November 21, 1997, and signed on December 17, 1997,
by the United States and 32 other nations.
Appendix I
Note.--Appendix I lists Public Laws included in
Legislation on Foreign Relations Through 2005, either
as freestanding law or in amendments, arranged by
Public Law number with corresponding short title or
popular name.
------------------------------------------------------------------------
Public Law
No. Short Title
------------------------------------------------------------------------
109-169 United States-Bahrain Free Trade Agreement Implementation
Act
109-167 Passport Services Enhancement Act of 2005
109-165 Torture Victims Relief Reauthorization Act of 2005
109-164 Trafficking Victims Protection Reauthorization Act of 2005
109-163 National Defense Authorization Act for Fiscal Year 2006
109-163 United States Policy in Iraq Act (section 1227)
109-163 Detainee Treatment Act of 2005 (title XIV)
109-159 Transfer of Items To War Reserves Stockpile for Allies,
Korea
109-148 Department of Defense, Emergency Supplemental Appropriations
To Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006
109-148 Department of Defense Appropriations Act, 2006 (division A)
109-148 Emergency Supplemental Appropriations To Address Hurricanes
in the Gulf of Mexico and Pandemic Influenza Act, 2006
(division B)
109-140 To Provide Certain Authorities for the Department of State
109-134 Naval Vessels Transfer Act of 2005
109-121 Senator Paul Simon Water for the Poor Act of 2005
109-112 Iran Nonproliferation Amendments Act of 2005
109-108 Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006
109-108 Department of State and Related Agencies Appropriations Act,
2006 (title IV)
109-102 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006
109-97 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2006
109-95 Assistance for Orphans and Other Vulnerable Children in
Developing Countries Act of 2005
109-77 Continuing Appropriations, Fiscal Year 2006
109-58 Energy Policy Act of 2005
109-54 Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006
109-53 Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act
109-39 Renewal of Import Restrictions--Burmese Freedom and
Democracy Act of 2003
109-13 Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005
108-497 Comprehensive Peace in Sudan Act of 2004
108-484 Microenterprise Results and Accountability Act of 2004
108-458 Intelligence Reform and Terrorism Prevention Act of 2004
108-458 9/11 Commission Implementation Act of 2004 (title VII)
108-458 Afghanistan Freedom Support Act Amendments of 2004 (sec.
7104)
108-447 Consolidated Appropriations Act, 2005
108-447 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (division D)
108-447 Migratory Bird Treaty Reform Act of 2004 (division E, sec.
143)
108-447 Miscellaneous Appropriations and Offsets Act, 2005 (division
J, title I)
108-429 Miscellaneous Trade and Technical Corrections Act of 2004
108-429 Emergency Protection for Iraqi Cultural Antiquities Act of
2004 (title III)
108-429 Wool Suit and Textile Trade Extension Act of 2004 (title IV)
108-375 Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005
108-370 Prevention of Child Abduction Partnership Act
108-347 Belarus Democracy Act of 2004
108-333 North Korean Human Rights Act of 2004
108-332 Global Anti-Semitism Review Act of 2004
108-323 Tropical Forest Conservation Act Reauthorization
108-302 United States-Morocco Free Trade Agreement Implementation
Act
108-297 Cape Town Treaty Implementation Act of 2004
108-286 United States-Australia Free Trade Agreement Implementation
Act
108-283 Northern Uganda Crisis Response Act
108-274 AGOA Acceleration Act of 2004
108-272 Approving the Renewal of Import Restrictions--Burma
108-266 Marine Turtle Conservation Act of 2004
108-235 Taiwan's Participation in the World Health Organization
108-215 Amendments to U.S.-Mexico Agreement Establishing a Border
Environment Cooperation Commission and North American
Development Bank
108-200 Congo Basin Forest Partnership Act of 2004
108-199 Consolidated Appropriations, 2004
108-199 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004 (division D)
108-199 HELP Commission Act (division B, sec. 637)
108-199 Millennium Challenge Act of 2003 (division D, title VI)
108-175 Syria Accountability and Lebanese Sovereignty Restoration
Act of 2003
108-136 National Defense Authorization Act for Fiscal Year 2004
108-136 Nuclear Security Initiative Act of 2003 (title XXXVI)
108-106 Emergency Supplemental Appropriations Act for Defense and
for the Reconstruction of Iraq and Afghanistan, 2004
108-77 United States-Chile Free Trade Agreement Implementation Act
108-31 Microenterprise Report to Congress
108-28 Taiwan's Participation in the World Health Organization
108-25 United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003
108-19 Clean Diamond Trade Act
108-11 Emergency Wartime Supplemental Appropriations Act, 2003
108-7 Consolidated Appropriations, 2003
107-365 Caribbean National Forest Wild and Scenic Rivers Act of 2002
107-327 Afghanistan Freedom Support Act of 2002
107-314 Bob Stump National Defense Authorization Act for Fiscal Year
2003
107-258 Persian Gulf POW/MIA Accountability Act of 2002
107-246 Russian Democracy Act of 2002
107-245 Sudan Peace Act
107-243 Authorization for Use of Military Force Against Iraq
Resolution of 2002
107-228 Foreign Relations Authorization Act, Fiscal Year 2003
107-228 Department of State Authorization Act, Fiscal Year 2003
(division A)
107-228 Security Assistance Act of 2002 (division B)
107-228 Middle East Peace Commitments Act of 2002 (division A, title
VI, subtitle A)
107-228 Tibetan Policy Act of 2002 (division A, title VI, subtitle
B)
107-228 East Timor Transition to Independence Act of 2002 (division
A, title VI, subtitle C)
107-228 Clean Water for the Americas Partnership Act of 2002
(division A, title VI, subtitle D)
107-228 Freedom Investment Act of 2002 (division A, title VI,
subtitle E)
107-228 Russian Federation Debt for Nonproliferation Act of 2002
(division B, title XIII, subtitle B)
107-228 Nonproliferation Assistance Coordination Act of 2002
(division B, title XIII, subtitle C)
107-228 Iran Nuclear Proliferation Prevention Act of 2002 (division
B, title XIII, subtitle D)
107-210 Trade Act of 2002
107-210 Customs Border Security Act of 2002 (title III)
107-210 Bipartian Trade Promotion Authority Act of 2002 (title XXI)
107-210 Andean Trade Promotion and Drug Eradication Act (title XXXI)
107-206 2002 Supplemental Appropriations Act for Further Recovery
From and Response to Terrorist Attacks on the United States
107-206 American Servicemembers Protection Act (title II)
107-197 Terrorist Bombings Convention Implementation Act of 2002
107-189 Export-Import Bank Reauthorization Act of 2002
107-187 Gerald B. H. Solomon Freedom Consolidation Act of 2002
107-173 Ehanced Border Security and Visa Entry Reform Act of 2002
107-148 Radio Free Afghanistan Act
107-141 Asian Elephant Conservation Reauthorization Act of 2002
107-117 Department of Defense and Emergency Supplemental
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002
107-115 Kenneth M. Ludden Foreign Operations, Export Financing and
Related Programs Appropriations Act, 2002
107-112 Rhinoceros and Tiger Conservation Reauthorization Act of
2001
107-111 African Elephant Conservation Reauthorization Act of 2001
107-107 National Defense Authorization Act for Fiscal Year 2002
107-99 Zimbabwe Democracy and Economic Recovery Act of 2001
107-81 Afghan Women and Children Relief Act of 2001
107-56 Uniting and Strengthening America By Providing Appropriate
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001
107-56 International Money Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (title III)
107-43 United States-Jordan Free Trade Area Implementation Act
107-40 Authorization for Use of Military Force in Response to
Terrorist Attacks of September 11, 2001
107-39 Condemnation of Terrorist Attacks
107-24 ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
106-570 Assistance for International Malaria Control Act
106-570 International Malaria Control Act (title I)
106-570 United States-Macau Policy Act of 2000 (title II)
106-570 Pacific Charter Commission Act of 2000 (title IV)
106-570 Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
106-567 Intelligence Authorization Act for Fiscal Year 2001
106-567 Japanese Imperial Government Disclosure Act of 2000 (title
VIII)
106-557 Shark Finning Prohibition Act
106-555 Striped Bass Conservation, Atlantic Coastal Fisheries
Management and Marine Mammal Rescue Assistance Act of 2000
106-554 Consolidated Appropriations Act, 2001
106-554 Vietnam Education Foundation Act of 2000 (title II)
106-553 Department of State and Related Agency Appropriations Act,
2001
106-531 Reports Consolidation Act of 2000
106-484 Bring Them Home Alive Act of 2000
106-476 Tariff Suspension and Trade Act of 2000
106-450 Yukon River Salmon Act of 2000
106-429 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001
106-411 Great Ape Conservation Act of 2000
106-398 Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001
106-387 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2001
106-387 Trade Sanctions Reform and Export Enhancement Act of 2000
(title IX)
106-386 Victims of Trafficking and Violence Protection Act of 2000
106-386 Trafficking Victims Protection Act of 2000 (division A)
106-373 Famine Prevention and Freedom From Hunger Improvement Act of
2000
106-346 National Terrorist Asset Trading Center
106-309 Microenterprise for Self-Reliance and International Anti-
Corruption Act of 2000
106-309 Microenterprise for Self-Reliance Act of 2000 (title I)
106-309 International Anti-Corruption and Good Governance Act of
2000 (title II)
106-309 International Academic Opportunities Act of 2000 (title III)
106-309 Support for Overseas Cooperative Development Act (sec. 401)
106-309 Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
106-286 U.S.-China Relations Act of 2000
106-280 Security Assistance Act of 2000
106-279 Intercountry Adoption Act of 2000
106-264 Global AIDS and Tuberculosis Relief Act of 2000
106-264 Global AIDS Research and Relief Act of 2000 (title I)
106-264 International Tuberculosis Control Act of 2000 (title II)
106-256 Oceans Act of 2000
106-247 Neotropical Migratory Bird Conservation Act
106-212 American Institute in Taiwan Facilities Enhancement Act
106-200 Trade and Development Act of 2000
106-200 African Growth and Opportunity Act (title I)
106-200 U.S.-Caribbean Basin Trade Partnership Act (title II)
106-178 Iran and Syria Nonproliferation Act (formerly Iran
Nonproliferation Act of 2000)
106-158 Export Enhancement Act of 1999
106-120 Intelligence Authorization Act for Fiscal Year 2000
106-120 Foreign Narcotics Kingpin Designation Act (title VIII)
106-113 Consolidated Appropriations, Fiscal Year 2000
106-113 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (H.R. 3422, enacted by reference)
106-113 Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
by reference)
106-113 Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference)
106-113 Secure Embassy Construction and Counterterrorism Act of 1999
(title VI, division A, H.R. 3427, enacted by reference)
106-113 North Korea Threat Reduction Act of 1999 (subtitle B, title
VIII, division A, H.R. 3427, enacted by reference)
106-113 United Nations Reform Act of 1999 (title IX, division A,
H.R. 3427, enacted by reference)
106-113 Arms Control, Nonproliferation, and Security Assistance Act
of 1999 (division B, H.R. 3427, enacted by reference)
106-113 Arms Control and Nonproliferation Act of 1999 (title XI,
division B, H.R. 3427, enacted by reference)
106-113 National Security and Corporate Fairness under the
Biological Weapons Convention Act (chapter 2, subtitle A,
title XI, division B, H.R. 3427, enacted by reference)
106-113 Security Assistance Act of 1999 (title XII, H.R. 3427,
enacted by reference)
106-113 Defense Offsets Disclosure Act of 1999 (subtitle D, title
XII, H.R. 3427, enacted by reference)
106-113 Proliferation Prevention Enhancement Act of 1999 (subtitle
E, title XII, H.R. 3427, enacted by reference)
106-113 International Arms Sales Code of Conduct Act of 1999
(subtitle F, title XII, H.R. 3427, enacted by reference)
106-108 Arctic Tundra Habitat Emergency Conservation Act
106-87 Torture Victims Relief Reauthorization Act of 1999
106-79 Department of Defense Appropriations Act, 2000
106-65 National Defense Authorization Act for Fiscal Year 2000
106-65 Panama Canal Commission Authorization Act for Fiscal Year
2000 (title XXXV)
106-38 National Missile Defense Act of 1999
106-36 Miscellaneous Trade and Technical Corrections Act of 1999
106-35 Western Hemisphere Drug Elimination Technical Corrections
Act
106-30 Peace Corps Reauthorization
105-385 Africa: Seeds of Hope Act of 1998
105-384 Governing International Fisheries Agreement with Poland
105-382 Department of State Special Agents Retirement Act of 1998
105-366 International Anti-Bribery and Fair Competition Act of 1998
105-362 Federal Reports Elimination Act of 1998
105-338 Iraq Liberation Act of 1998
105-323 Extradition Treaties Interpretation Act of 1998
105-319 Irish Peace Process Cultural and Training Program Act of
1998
105-312 Rhinoceros and Tiger Conservation Act of 1998
105-303 Commercial Space Act of 1998
105-292 International Religious Freedom Act of 1998
105-277 Omnibus Consolidated and Emergency Supplemental
Appropriations Act for Fiscal Year 1999
105-277 Haitian Refugee Immigration Fairness Act of 1998 (division
A, sec. 101(h), title IX)
105-277 Trade Deficit Review Commission Act (division A, sec. 127)
105-277 Office of National Drug Control Policy Reauthorization Act
of 1998 (division C, title VII)
105-277 Western Hemisphere Drug Elimination Act (division C, title
VIII)
105-277 Foreign Affairs Reform and Restructuring Act of 1998
(division G)
105-277 Foreign Affairs Agencies Consolidation Act of 1998 (division
G, subdivision A)
105-277 Foreign Relations Authorization Act, Fiscal Years 1998 and
1999 (division G, subdivision B)
105-277 United Nations Reform Act of 1998 (division G, subdivision
C)
105-277 European Security Act of 1998 (division G, title XXVII)
105-277 Chemical Weapons Convention Implementation Act of 1998
(division I)
105-262 Department of Defense Appropriations Act, 1999
105-261 Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999
105-261 Defense Against Weapons of Mass Destruction Act of 1998
(title XIV)
105-261 Panama Canal Commission Authorization Act for Fiscal Year
1999 (title XXXV)
105-261 Radio Free Asia Act of 1998 (title XXXIX)
105-246 Nazi War Crimes Disclosure Act
105-235 Finding the Government of Iraq in Unacceptable and Material
Breach of Its International Obligations
105-217 African Elephant Conservation Reauthorization Act of 1998
105-194 Agriculture Export Relief Act of 1998
105-186 U.S. Holocaust Assets Commission Act of 1998
105-174 1998 Supplemental Appropriations and Rescissions Act
105-173 International Parental Kidnapping Crime Act
105-158 Holocaust Victims Redress Act
105-119 Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998
105-107 Intelligence Authorization Act for Fiscal Year 1998
105-100 Nicaraguan Adjustment and Central American Relief Act (title
II)
105-96 Asian Elephant Conservation Act of 1997
105-85 National Defense Authorization Act for Fiscal Year 1998
105-42 International Dolphin Conservation Program Act
104-319 Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996
104-309 Records Relating to Nazi War Crimes
104-297 Sustainable Fisheries Act
104-293 Intelligence Authorization Act for Fiscal Year 1997
104-293 Combatting Proliferation of Weapons of Mass Destruction Act
of 1996 (title VII)
104-269 Release of USIA Materials: VOA, Radio Marti Recordings
104-264 Federal Aviation Reauthorization Act of 1996
104-227 Antarctic Science, Tourism, and Conservation Act of 1996
104-208 Omnibus Consolidated Appropriations for Fiscal Year 1997
104-208 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (title I, sec. 101(c))
104-208 NATO Enlargement Facilitation Act of 1996 (title VI, sec.
101(c))
104-203 Most-Favored-Nation Treatment for Cambodia
104-201 National Defense Authorization Act for Fiscal Year 1997
104-201 Defense Against Weapons of Mass Destruction Act of 1996
(title XIV)
104-201 Panama Canal Commission Authorization Act for Fiscal Year
1997 (title XXXV, subtitle A)
104-201 Panama Canal Act Amendments of 1996 (title XXXV, subtitle B)
104-172 Iran and Libya Sanctions Act of 1996
104-171 Most-Favored-Nation Treatment for Romania
104-164 Miscellaneous Amendments and Authorization--FYs 1996 and
1997
104-162 Most-Favored-Nation Treatment for People's Republic of
Bulgaria
104-161 Release of USIA Materials: ``Fragile Ring of Life''
104-134 USEC Privatization Act
104-132 Antiterrorism and Effective Death Penalty Act of 1996
104-127 Federal Agriculture Improvement and Reform Act of 1996
104-114 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996
104-106 National Defense Authorization Act for Fiscal Year 1996
104-106 Ballistic Missile Defense Act of 1995 (title II, subtitle C)
104-93 Intelligence Authorization Act for Fiscal Year 1996
104-72 Au Pair Extension
104-66 Federal Reports Elimination and Sunset Act of 1995
104-45 Jerusalem Embassy Act of 1995
104-43 Fisheries Act of 1995
104-43 High Seas Fishing Compliance Act of 1995 (title I)
104-43 Northwest Atlantic Fisheries Convention Act of 1995 (title
II)
104-43 Atlantic Tunas Convention Act of 1995 (title III)
104-43 Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)
104-43 High Seas Driftnet Fishing Moratorium Protection Act (title
VI)
104-43 Yukon River Salmon Act of 1995 (title VII) Act for Fiscal
Year 1997
104-6 Emergency Supplemental Appropriations and Rescissions for
the Department of Defense to Preserve and Enhance Military
Readiness Act of 1995
104-6 Mexican Debt Disclosure Act of 1995 (title IV)
103-465 Uruguay Rounds Agreements Act
103-465 Export Enhancement Program Amendments of 1994 (title IV,
subtitle A, part II, sec. 411(a))
103-447 International Narcotics Control Corrections Act of 1994
103-447 NATO Participation Act of 1994 (title II)
103-423 United States Policy Toward Haiti
103-416 Visa for Officials of Taiwan
103-392 Jobs Through Trade Expansion Act of 1994
103-391 Rhinoceros and Tiger Conservation Act of 1994
103-381 African Conflict Resolution Act
103-372 To Provide for an Investigation of the Whereabouts of U.S.
Citizens Missing From Cyprus Since 1974
103-337 National Defense Authorization Act for Fiscal Year 1995
103-306 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1995
103-294 Helsinki Human Rights Day
103-236 Foreign Relations Authorization Act, Fiscal Years 1994 and
1995
103-236 Mike Mansfield Fellowship Act (title II, part C)
103-236 United States International Broadcasting Act of 1994 (title
III)
103-236 Spoils of War Act of 1994 (title V, part B)
103-236 Anti-Economic Discrimination Act of 1994 (title V, part C)
103-236 Cambodian Genocide Justice Act (title V, part D)
103-236 Middle East Peace Facilitation Act of 1994 (title V, part E)
103-236 Arms Control and Nonproliferation Act of 1994 (title VII,
part A)
103-236 Nuclear Proliferation Prevention Act of 1994 (title VIII)
103-236 Protection and Reduction of Government Secrecy Act (title
IX)
103-206 Coast Guard Authorization Act of 1993
103-199 Act For Reform in Emerging New Democracies and Support and
Help for Improved Partnership with Russia, Ukraine, and
Other New Independent States (FRIENDSHIP Act)
103-182 North American Free Trade Agreement Implementation Act
103-160 National Defense Authorization Act for Fiscal Year 1994
103-160 Cooperative Threat Reduction Act of 1993 (title XII)
103-160 Defense Conversion, Reinvestment, and Transition Assistance
Amendments of 1993 (title XIII)
103-160 National Shipbuilding and Shipyard Conversion Act of 1993
(title XIII, subtitle D)
103-160 Panama Canal Commission Authorization Act for Fiscal Year
1994 (title XXXV)
103-158 Act to Honor the Victims of the Bombing of Pan Am Flight 103
103-149 South African Democratic Transition Support Act of 1993
103-133 Nondiscriminatory Treatment Toward Products of Romania
103-125 Middle East Peace Facilitation Act of 1993
102-588 National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1993
102-587 Oceans Act of 1992
102-587 North Pacific Anadromous Stocks Convention Act of 1992
(title VIII)
102-582 High Seas Driftnet Fisheries Enforcement Act
102-582 Central Bering Sea Fisheries Enforcement Act of 1992 (title
III)
102-567 North Pacific Anadromous Stocks Act of 1992 (title VIII)
102-565 Peace Corps Authorization for Fiscal Year 1993
102-549 Jobs Through Exports Act of 1992
102-549 Aid, Trade, and Competitiveness Act of 1992 (title III)
102-549 Enterprise for the Americas Act of 1992 (title VI)
102-532 Enterprise for the Americas Initiative Act of 1992
102-523 International Dolphin Conservation Act of 1992
102-511 Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (FREEDOM Support Act)
102-509 Soviet Scientists Immigration Act of 1992
102-486 Energy Policy Act of 1992
102-484 National Defense Authorization Act for Fiscal Year 1993
102-484 Former Soviet Union Demilitarization Act of 1992 (title XIV)
102-484 Weapons of Mass Destruction Control Act of 1992 (title XV)
102-484 Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)
102-484 Cuban Democracy Act of 1992 (title XVII)
102-484 Panama Canal Commission Authorization Act for Fiscal Year
1993 (title XXXV)
102-454 Distribution of USIA Materials
102-450 Asian/Pacific American Heritage Month--Designation
102-429 Export Enhancement Act of 1992
102-420 Withdrawal of MFN From Serbia and Montenegro
102-404 Chinese Student Protection Act of 1992
102-396 Department of Defense Appropriations Act, 1993
102-391 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1993
102-383 United States-Hong Kong Policy Act of 1992
102-372 Tourism Policy and Export Promotion Act of 1992
102-363 Nondiscriminatory Treatment Toward Products of Albania
102-311 International Peacekeeping Act of 1992
102-274 Horn of Africa Recovery and Food Security Act
102-270 Peace Process in Liberia
102-256 Torture Victim Protection Act of 1991
102-247 Omnibus Insular Areas Act of 1992
102-237 Food, Agriculture, Conservation, and Trade Act Amendments of
1991
102-228 Conventional Forces in Europe Treaty Implementation Act of
1991
102-228 Soviet Nuclear Threat Reduction Act of 1991 (title II)
102-197 Most-Favored Nation Treatment for the Union of Soviet
Socialist Republics
102-195 National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1992
102-190 National Defense Authorization Act for Fiscal Years 1992 and
1993
102-190 Missile Defense Act of 1991 (title II, part C)
102-190 Panama Canal Commission Authorization Act for Fiscal Year
1992 (title XXXV)
102-183 David L. Boren National Security Education Act of 1991
(title VIII)
102-182 Termination of Trade Restrictions to Czechoslovakia and
Hungary
102-182 Andean Trade Preference Act (title II)
102-182 Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (title III)
102-158 Most-Favored Nation Treatment for People's Republic of
Bulgaria
102-157 Most-Favored Nation Treatment for Mongolian People's
Republic
102-138 Foreign Relations Authorization Act, Fiscal Years 1992 and
1993
102-138 Dante B. Fascell North-South Center Act of 1991 (sec. 208)
102-21 Emergency Supplemental Assistance for Israel Act of 1991
102-20 Foreign Relations Persian Gulf Conflict Emergency
Supplemental Authorization Act, Fiscal Year 1991
102-1 Authorization for Use of U.S. Armed Forces Pursuant to U.N.
Security Council Resolution 678
101-649 Immigration Act of 1990
101-647 Crime Control Act of 1990
101-646 Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990
101-627 Fishery Conservation Amendments of 1990
101-627 Dolphin Protection Consumer Information Act (title IX)
101-624 Food, Agriculture, Conservation, and Trade Act of 1990
101-624 Agricultural Development and Trade Act of 1990 (title XV)
101-624 Global Climate Change Prevention Act of 1990 (title XXIV)
101-623 International Narcotics Control Act of 1990
101-620 Protection of Antarctica
101-611 National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1991
101-610 National and Community Service Act of 1990
101-606 Global Change Research Act of 1990
101-606 International Cooperation in Global Change Research Act of
1990 (title II)
101-604 Aviation Security Improvement Act of 1990
101-594 Antarctic Protection Act of 1990
101-549 Clean Air Act Amendments
101-541 Most-Favored-Nation Treatment for Czechoslovakia
101-533 Foreign Direct Investment and International Financial Date
Improvements Act of 1990
101-513 Foreign Operations, Export Financing, and Related Programs
Appropriations Act 1991
101-513 European Bank for Reconstruction and Development Act (sec.
562(c))
101-513 Iraq Sanctions Act of 1990 (secs. 586-586J)
101-513 International Forestry Cooperation Act of 1990 (title VI)
101-511 Department of Defense Appropriations Act, 1991
101-510 National Defense Authorization Act for Fiscal Year 1991
101-510 Panama Canal Commission Authorization Act for Fiscal Year
1991 (title XXXV)
101-454 Eisenhower Exchange Fellowship Act of 1990
101-454 Fascell Fellowship Amendments Act of 1990 (sec. 9)
101-438 Rio Grande American Canal Extension Act of 1990
101-382 Customs and Trade Act of 1990
101-382 Caribbean Basin Economic Recovery Expansion Act of 1990
(title II)
101-382 Forest Resources Conservation and Shortage Relief Act of
1990 (title IV)
101-380 Oil Pollution Act of 1990
101-328 National Space Council Authorization Act of 1990
101-298 Biological Weapons Anti-Terrorism Act of 1989
101-246 Foreign Relations Authorization Act, Fiscal Years 1990 and
1991
101-246 PLO Commitments Compliance Act of 1989 (title VIII)
101-243 Urgent Assistance for Democracy in Panama Act of 1990
101-240 International Development and Finance Act of 1989
101-240 Foreign Debt Reserving Act of 1989 (title IV)
101-240 Global Environmental Protection Assistance Act of 1989
(title VII)
101-231 International Narcotics Control Act of 1989
101-219 Implementation of Compact of Free Association With Palau
101-216 Arms Control and Disarmament Amendments Act of 1989
101-215 Survival Assistance for Victims of Civil Strife in Central
America
101-189 National Defense Authorization Act for Fiscal Years 1990 and
1991
101-179 Support for East European Democracy (SEED) Act of 1989
101-167 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990
101-162 Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1990
101-62 Implementing Agreement for Vienna Convention on Diplomatic
Relations
100-705 Panama Canal Commission Compensation Fund Act of 1988
100-690 International Narcotics Control Act of 1988 (title IV)
100-685 National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1989
100-629 U.S.-U.S.S.R. Fishing Agreement
100-576 Bangladesh Disaster Assistance Act of 1988
100-530 International Cooperation to Protect Biological Diversity
100-478 African Elephant Conservation Act (title II)
100-465 Rio Grande Pollution Correction Act of 1987
100-463 Department of Defense Appropriations Act, 1989
100-461 Overseas Private Investment Corporation Amendments Act of
1988 (H.R. 5263, enacted by reference)
100-461 Miscellaneous International Affairs Authorization Act of
1988 (S. 2757, enacted by reference)
100-460 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989
100-456 National Defense Authorization Act, Fiscal Year 1989
100-449 United States-Canada Free Trade Agreement Implementation Act
of 1988
100-418 Omnibus Trade and Competitiveness Act of 1988
100-418 Telecommunications Trade Act of 1988 (title I, subtitle C,
part 4)
100-418 Export Enhancement Act 1988 (title II)
100-418 Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,
part II)
100-418 American Aid to Poland Act of 1988 (title II, subtitle B,
part II)
100-418 Multilateral Export Control Enhancement Amendments Act
(title II, subtitle D, part II)
100-418 Exchange Rates and International Economic Policy
Coordination Act of 1988 (title III, subtitle A)
100-418 International Debt Management Act of 1988 (title III,
subtitle B)
100-418 Multilateral Development Banks Procurement Act (title III,
subtitle C)
100-418 Export-Import Bank and Tied Aid Credit Amendments of 1988
(title III, subtitle D)
100-418 Primary Dealers Act of 1988 (title III, subtitle F)
100-418 Financial Reports Act of 1988 (title III, subtitle G)
100-418 Agricultural Competitiveness and Trade Act of 1988 (title
IV)
100-418 Pesticide Monitoring Improvements Act of 1988 (title IV,
subtitle G)
100-418 Foreign Corrupt Practices Act Amendments of 1988 (title V,
subtitle A, part I)
100-418 Competitiveness Policy Council Act (title V, part I,
subtitle C)
100-418 Small Business International Trade and Competitiveness Act
(title VII)
100-418 Foreign Shipping Practices Act of 1988 (title X)
100-393 Dire Emergency Supplemental Appropriations Act, 1988
100-373 International Energy Emergency Authorities: Extension
100-350 German Democratic Republic Fishery Agreement
100-330 South Pacific Tuna Act of 1988
100-300 International Child Abduction Remedies Act
100-276 Central American Peace Assistance
100-220 United States-Japan Fishery Agreement Approval Act of 1987
100-220 Driftnet Impact Monitoring, Assessment, and Control Act of
1987 (title IV)
100-213 Arms Control and Disarmament Amendments Act of 1987
100-204 Foreign Relations Authorization Act, Fiscal Years 1988 and
1989
100-204 United States Information Agency Authorization Act, Fiscal
Years 1988 and 1989 (title II)
100-204 Board for International Broadcasting Authorization Act,
Fiscal Years 1988 and 1989 (title V)
100-204 Anti-Terrorism Act of 1987 (title X)
100-204 Global Climate Protection Act of 1987 (title XI)
100-203 Omnibus Budget Reconciliation Act of 1987
100-202 Continuing Appropriations, Fiscal Year 1988
100-202 Cuban Political Prisoners and Immigrants (sec. 101(a), title
VII)
100-202 Indochinese Refugee and Resettlement Act of 1987 (sec.
101(a), title VIII)
100-202 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (sec. 101(e))
100-202 Multilateral Investment Guarantee Agency Act (sec. 101(e),
H.R. 3570, enacted by reference, title IV)
100-180 National Defense Authorization Act for Fiscal Years 1988 and
1989
100-147 National Aeronautics and Space Administration Authorization
Act of 1988
100-113 Federal Triangle Development Act
100-66 United States-Korea Fishery Agreement
99-661 National Defense Authorization Act, Fiscal Year 1987
99-661 Department of Defense Authorization Act, 1987 (Division A)
99-658 Approval of the Compact of Free Association With the
Government of Palau
99-630 Humpback Whales Wildlife Sanctuary (West Indies)
99-603 Immigration Reform and Control Act of 1986
99-570 International Narcotics Control Act of 1986 (title II)
99-529 Special Foreign Assistance Act of 1986
99-513 R.M.S. Titanic Maritime Memorial Act of 1986
99-498 Higher Education Amendments of 1986
99-475 Release of USIA Materials to Museums
99-472 Export-Import Bank Act Amendments of 1986
99-415 Anglo-Irish Agreement Support Act of 1986
99-399 Omnibus Diplomatic Security and Antiterrorism Act of 1986
99-399 Diplomatic Security Act (titles I-IV)
99-399 Victims of Terrorism Compensation Act (title VIII)
99-399 International Maritime and Port Security Act (title IX)
99-399 Fascell Fellowship Act (title X)
99-239 Compact of Free Association Act of 1985
99-198 Food Security Act of 1985
99-198 Food for Progress Act of 1985 (sec. 1110)
99-190 Further Continuing Appropriations, 1985
99-190 Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.
2253, enacted by reference)
99-183 Agreement for Nuclear Cooperation Between the United States
and China
99-180 Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1986
99-177 Balanced Budget and Emergency Deficit Control Act of 1985
[Gramm-Rudman-Hollings Act]
99-162 Sales of Arms to Jordan
99-145 Department of Defense Authorization Act, 1986
99-145 Relating to the approval and implementation of the proposed
agreement for nuclear cooperation between the United States
and the People's Republic of China
99-93 Foreign Relations Authorization Act, Fiscal Years 1986 and
1987
99-93 United States Information Agency Authorization Act, Fiscal
Years 1986 and 1987 (title II)
99-93 Board for International Broadcasting Authorization Act,
Fiscal Years 1986 and 1987 (title III)
99-93 Iran Claims Settlement (title V)
99-93 United States Scholarship Program for Developing Countries
Authorization, Fiscal Years 1986 & 1987 (title VI)
99-93 Arms Control and Disarmament Act Authorization for Fiscal
Years 1986 and 1987 (title VII)
99-88 Supplemental Appropriations Act, 1985
99-88 Jordan Supplemental Economic Assistance Authorization Act of
1985 (title IV)
99-85 Authorization for an Improved U.S./Soviet Direct
Communications Link
99-83 International Security and Development Cooperation Act of
1985
99-83 International Narcotics Control Act of 1985 (title VI)
99-83 Peace Corps Authorization for Fiscal Years 1986 and 1987
(title XI)
99-64 Export Administration Amendments Act of 1985
99-47 United States-Israel Free Trade Area Implementation Act of
1985
99-8 African Famine Relief and Recovery Act of 1985
99-5 Pacific Salmon Treaty Act of 1985
98-623 Governing International Fishery Agreements With Iceland and
the European Economic Community (title I)
98-623 Antarctic Marine Living Resources Convention Act of 1984
(title III)
98-618 Intelligence Authorization Act for Fiscal Year 1985
98-573 Trade and Tariff Act of 1984
98-573 International Trade and Investment Act (title III)
98-573 Generalized System of Preferences Renewal Act of 1984 (title
V)
98-573 Steel Import Stabilization Act (title VIII)
98-573 Wine Equity and Export Expansion Act of 1984 (title IX)
98-562 Cooperative East-West Ventures in Space
98-533 1984 Act to Combat International Terrorism
98-525 Department of Defense Authorization Act, 1985
98-525 United States Institute for Peace Act (title XVII)
98-473 Continuing Appropriations, 1985
98-473 Inter-American Investment Corporation Act (title II, S.
2416, enacted by reference)
98-473 President's Emergency Food Assistance Act of 1984 (title
III)
98-447 United States Government Opposition to the Practice of
Torture
98-445 Eastern Pacific Tuna Licensing Act of 1984
98-373 Arctic Research and Policy Act of 1984 (title I)
98-373 National Critical Materials Act of 1984 (title II)
98-266 Clement J. Zablocki Memorial Outpatient Facility, American
Children's Hospital, Krakow, Poland
98-258 Agricultural Programs Adjustment Act of 1984
98-258 Agricultural Exports (title V)
98-198 Child Health Revolution
98-181 Supplemental Appropriations Act, 1984
98-181 Trade and Development Enhancement Act of 1983 (title VI,
part C)
98-181 International Lending Supervision Act of 1983 (title IX)
98-181 Multilateral Development Banks: Sense of Congress (title X)
98-164 Department of State Authorization Act, Fiscal Years 1984 and
1985 (titles I, X)
98-164 United States Information Agency Authorization Act, Fiscal
Years 1984 and 1985 (title II)
98-164 Board for International Broadcasting Authorization Act,
Fiscal Years 1984 and 1985 (title III)
98-164 Asia Foundation Act (title IV)
98-164 National Endowment for Democracy Act (title V)
98-164 Foreign Missions Amendments Act (title VI)
98-164 International Environmental Protection Act of 1983 (title
VII)
98-164 Research and Training for Eastern Europe and the Independent
States of the Former Soviet Union Act of 1983 (title VIII)
98-164 United States-India Fund for Cultural, Educational, and
Scientific Cooperation Act (title IX)
98-151 Continuing Resolution, 1984
98-151 Foreign Assistance and Related Programs Appropriations Act,
1984 (sec. 101(b)(1))
98-151 International Security and Development Assistance
Authorization Act of 1983 (sec. 101(b)(2))
98-119 Multinational Force in Lebanon Resolution
98-111 Radio Broadcasting to Cuba Act
98-94 Department of Defense Authorization Act, 1984
98-67 Caribbean Basin Economic Recovery Act (title II)
98-43 Lebanon Emergency Assistance Act of 1983
97-446 Convention on Cultural Property Implementation Act (title
III)
97-425 Nuclear Waste Policy Act of 1982
97-418 Protection of Foreign Missions
97-389 Fisheries Amendments of 1982
97-389 Atlantic Salmon Convention Act of 1982 (title III)
97-389 Governing International Fishery Agreements with Japan and
Spain (title IV)
97-325 International Carriage of Perishable Foodstuffs Act
97-290 Export Trading Company Act of 1982 (title I)
97-290 Bank Export Services Act (title II)
97-252 Department of Defense Authorization Act, 1983
97-241 Department of State Authorization Act, Fiscal Years 1982 and
1983
97-241 Foreign Missions Act (title II)
97-241 United States Information Agency Authorization Act, Fiscal
Years 1982 and 1983 (title III)
97-241 Board for International Broadcasting Authorization Act,
Fiscal Years 1982 and 1983 (title IV)
97-229 Energy Emergency Preparedness Act of 1982
97-145 Export Administration Amendments Act of 1981
97-132 Multinational Force and Observers Participation Resolution
97-127 Czechoslovakian Claims Settlement Act of 1981
97-113 International Security and Development Cooperation Act of
1981
97-98 Agriculture and Food Act of 1981
97-98 Agriculture Trade and Export Policy Commission Act (title
XII, subtitle C)
97-35 African Development Bank Act (title XIII, subtitle B, part
3)
96-599 International Coffee Agreement Act of 1980
96-561 American Fisheries Promotion Act (title II)
96-533 International Security and Development Cooperation Act of
1980
96-533 African Development Foundation Act (title V)
96-494 Agriculture Act of 1980
96-494 Agricultural Trade Suspension Adjustment Act of 1980 (title
II)
96-494 Bill Emerson Humanitarian Trust Act (title III)
96-487 Alaska National Interests Lands Conservation Act
96-478 Act to Prevent Pollution from Ships
96-465 Foreign Service Act of 1980
96-449 Hostage Relief Act of 1980
96-422 Refugee Education Assistance Act of 1980
96-389 Bretton Woods Agreements Act Amendments, 1980
96-339 Atlantic Tunas Convention Act of 1975, Appropriation
Authorization
96-323 North Atlantic Treaty Organization Mutual Support Act of
1979
96-283 Deep Seabed Hard Mineral Resources Act
96-283 Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV)
96-280 Nuclear Non-Proliferation Act of 1978--Agreements for
Cooperation
96-271 International Natural Rubber Agreement Appropriation
Authorization for Fiscal Year 1981
96-259 Providing for Increased Participation by the United States
in the Inter-American and Asian Development Banks and
African Development Fund
96-236 International Sugar Agreement, 1977, Implementation
96-212 Refugee Act of 1980
96-175 Strategic and Critical Materials Transaction Authorization
Act of 1979
96-133 Energy Policy and Conservation Act Amendments
96-92 International Security Assistance Act of 1979
96-72 Export Administration Act of 1979
96-70 Panama Canal Act of 1979
96-60 Department of State Authorization Act, Fiscal Years 1980 and
1981 (title I)
96-60 International Communication Agency Authorization Act, Fiscal
Years 1980 and 1981 (title II)
96-53 International Development Cooperation Act of 1979
96-39 Trade Agreements Act of 1979
96-35 Special International Security Assistance Act of 1979
96-9 Reaffirming North Atlantic Alliance--United States
Commitment
96-8 Taiwan Relations Act
95-630 Financial Institutions Regulatory and Interest Rate Control
Act of 1978
95-630 Export-Import Bank Act Amendments of 1978 (title XIX)
95-561 Education Amendments of 1978
95-561 National Academy of Peace and Conflict Resolution (title XV,
part B)
95-511 Foreign Intelligence Surveillance Act of 1978
95-501 Agricultural Trade Act of 1978
95-485 Department of Defense Appropriation Authorization Act, 1979
95-452 Inspector General Act of 1978
95-435 Bretton Woods Agreements Act Amendments, 1978
95-426 Foreign Relations Authorization Act, Fiscal Year 1979
95-426 International Communication Agency Authorization for Fiscal
Year 1979 (title II)
95-424 International Development and Food Assistance Act of 1978
95-393 Diplomatic Relations Act
95-384 International Security Assistance Act of 1978
95-287 Reaffirming the Unity of the North Atlantic Alliance
Commitment
95-242 Nuclear Non-Proliferation Act of 1978
95-238 Department of Energy Act of 1978
95-223 International Emergency Economic Powers Act (title II)
95-213 Foreign Corrupt Practices Act of 1977 (title I)
95-118 International Financial Institutions Act
95-113 Food and Agriculture Act of 1977
95-105 Foreign Relations Authorization Act, Fiscal Year 1978
95-105 United States Information Agency Authorization for Fiscal
Year 1978 (title II)
95-92 International Security Assistance Act of 1977
95-88 International Development and Food Assistance Act of 1977
95-6 Fishery Conservation Zone Transition Act
94-583 Foreign Sovereign Immunities Act of 1976
94-472 International Investment and Trade in Services Survey Act
94-412 National Emergencies Act
94-350 Foreign Relations Authorization Act, Fiscal Year 1977
94-350 United States Information Agency Authorization for Fiscal
Year 1977 (title II)
94-350 Foreign Service Retirement Amendments of 1976 (title V)
94-329 International Security Assistance and Arms Export Control
Act of 1976
94-304 Establishing a Commission on Security and Cooperation in
Europe
94-302 African Development Fund Act (title II)
94-265 Magnuson-Stevens Fishery Conservation and Management Act of
1976
94-265 Driftnet Act Amendments of 1990 (sec. 206)
94-163 Energy Policy and Conservation Act
94-161 International Development and Food Assistance Act of 1975
94-141 Foreign Relations Authorization Act, Fiscal Year 1976
94-118 Japan-United States Friendship Act
94-110 Joint Resolution to Implement the United States Proposal for
the Early-Warning System in Sinai
94-70 Atlantic Tunas Convention Act of 1975
94-39 National Aeronautics and Space Administration Authorization
Act, 1976
93-627 Deepwater Port Act of 1974
93-618 Trade Act of 1974
93-618 Narcotics Control Trade Act (title VIII)
93-559 Foreign Assistance Act of 1974
93-479 Foreign Investment Study Act of 1974
93-475 State Department/USIA Authorization Act, Fiscal Year 1975
93-366 Antihijacking Act of 1974
93-365 Department of Defense Appropriation Authorization Act, 1975
93-248 Intervention on the High Seas Act
93-205 Endangered Species Act of 1973
93-199 Emergency Security Assistance Act of 1973
93-189 Foreign Assistance Act of 1973
93-188 United Nations Environment Program Participation Act of 1973
93-153 Trans-Alaska Pipeline Authorization Act
93-148 War Powers Resolution
93-129 Board for International Broadcasting Act of 1973
93-126 Department of State Appropriations Authorization Act of 1973
93-110 Par Value Modification Act--Foreign Currency Reports (title
II)
92-544 Departments of State, Justice, and Commerce, the Judiciary,
and Related Agencies Appropriations Act, 1973
92-522 Marine Mammal Protection Act of 1972
92-499 Act to Extend Diplomatic Privileges to the Commission of the
European Communities
92-403 Case Act--Transmittal of International Agreements
92-352 Foreign Relations Authorization Act of 1972
92-268 Par Value Modification Act
92-257 Trust Territory of the Pacific Islands Act
92-226 Foreign Assistance Act of 1971
92-39 Micronesian Claims Act of 1971
91-672 Foreign Military Sales Act Amendments, 1971
91-652 Special Foreign Assistance Act of 1971
91-441 Armed Forces Appropriation Authorization, 1971
91-269 United States Recognition and Participation in International
Expositions
91-175 Foreign Assistance Act of 1969, as amended
90-629 Arms Export Control Act
90-554 Foreign Assistance Act of 1968
90-553 International Center Act
90-390 Export Loans--Assistance
90-349 Special Drawing Rights Act
90-137 Foreign Assistance Act of 1967
89-732 Cuban Refugee Adjustment Act
89-673 Foreign Gifts and Decorations Act of 1966
89-583 Foreign Assistance Act of 1966
89-532 Convention on the Settlement of Investment Disputes Act of
1966
89-486 Foreign Agents Registration Act Amendments
89-369 Asian Development Bank Act
89-296 Ryukyu Islands Claims Settlement Act
89-259 Cultural Objects--Importation for Temporary Display
89-171 Foreign Assistance Act of 1965
89-134 Peace Corps Act Amendments
88-633 Foreign Assistance Act of 1964
88-408 Tonkin Gulf Resolution
88-205 Foreign Assistance Act of 1963
87-826 Collection and Publication of Foreign Commerce and Trade
Statistics
87-794 Trade Expansion Act of 1962
87-733 Cuban Resolution
87-565 Foreign Assistance Act of 1962
87-510 Migration and Refugee Assistance Act of 1962
87-297 Arms Control and Disarmament Act
87-293 Peace Corps Act
87-256 Mutual Educational and Cultural Exchange Act of 1961
87-195 Foreign Assistance Act of 1961
87-195 Tropical Forest Conservation Act of 1998 (part V)
87-125 General Government Matters, Department of Commerce, and
Related Agencies Appropriation Act, 1962
86-735 Latin American Development Act
86-628 Legislative Branch Appropriation Act, 1961
86-565 International Development Association Act
86-472 Mutual Security Act of 1960
86-472 Center for Cultural and Technical Interchange Between East
and West Act of 1960 (chapter VII)
86-420 Mexico-United States Interparliamentary Group
86-147 Inter-American Development Bank Act
86-108 Mutual Security Act of 1959
86-42 Canada-United States Interparliamentary Group
85-931 Agricultural Trade Development and Assistance Act of 1954--
Extension and Amendment
85-846 EURATOM Cooperation Act of 1958
85-568 National Aeronautics and Space Act of 1958
85-474 Departments of State and Justice, the Judiciary, and Related
Agencies Appropriation Act, 1959
85-177 International Atomic Energy Agency Participation Act of 1957
85-7 Resolution To Promote Peace and Stability in the Middle East
84-885 State Department Basic Authorities Act of 1956
84-689 United States Group of the North Atlantic Treaty
Parliamentary Conferences--Participation Resolution
84-350 International Finance Corporation Act
83-703 Atomic Energy Act of 1954
83-680 Fisherman's Protective Act of 1967
83-665 Mutual Security Act of 1954
83-480 Agricultural Trade Development and Assistance Act of 1954
83-451 Civil Government for the Trust Territory of the Pacific
Islands
82-486 Extending Certain Privileges to Representatives of
Organization of American States
82-414 Immigration and Nationality Act
81-806 U.S. Participation in Certain International Organizations
81-764 Tuna Conventions Act of 1950
81-676 Whaling Convention Act of 1949
81-507 National Science Foundation Act of 1950
81-455 International Claims Settlement Act of 1949
81-439 Agricultural Act of 1949
80-772 Act of June 25, 1948
80-772 Logan Act--Private Correspondence With Foreign Governments
80-772 Johnson Act--Financial Transactions With Foreign Governments
80-402 United States Information and Educational Exchange Act of
1948
80-357 United Nations Headquarters Agreement Act
80-253 National Security Council
79-547 Act of July 25, 1946
79-291 International Organizations Immunities Act
79-264 United Nations Participation Act of 1945
79-173 Export-Import Bank Act of 1945
79-171 Bretton Woods Agreements Act
76-54 Neutrality Act of 1939
75-583 Foreign Agents Registration Act of 1938
75-543 Act of May 25, 1938
71-361 Tariff Act of 1930
69-186 Foreign Service Buildings Act, 1926
65-91 Trading With the Enemy Act
------------------------------------------------------------------------
Appendix II
Note.--Appendix II lists Public Laws included in
Legislation on Foreign Relations Through 2005, either
as freestanding law or in amendments, arranged
alphabetically by short title or popular name with
corresponding Public Law number.
------------------------------------------------------------------------
Public Law
Short Title No.
------------------------------------------------------------------------
1984 Act to Combat International Terrorism.................. 98-533
1998 Supplemental Appropriations and Rescissions Act........ 105-174
2002 Supplemental Appropriations Act for Further Recovery 107-206
From and Response to Terrorist Attacks on the United States
9/11 Commission Implementation Act of 2004 (title VII)...... 108-458
AGOA Acceleration Act of 2004............................... 108-274
Act For Reform In Emerging New Democracies and Support and 103-199
Help for Improved Partnership with Russia, Ukraine, and
Other New Independent States (FRIENDSHIP Act)..............
Act of May 25, 1938......................................... 75-543
Act of July 25, 1946........................................ 79-547
Act of June 25, 1948........................................ 80-772
Act to Extend Diplomatic Privileges to the Commission of the 92-499
European Communities.......................................
Act to Honor the Victims of the Bombing of Pan Am Flight.... 103-158
Act to Prevent Pollution from Ships......................... 96-478
Admiral James W. Nance and Meg Donovan Foreign Relations 106-113
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference)......................................
Afghan Women and Children Relief Act of 2001................ 107-81
Afghanistan Freedom Support Act of 2002..................... 107-327
Africa: Seeds of Hope Act of 1998........................... 105-385
African Conflict Resolution Act............................. 103-381
African Development Bank Act (title XIII, subtitle B, part 97-35
3).........................................................
African Development Foundation Act (title V)................ 96-533
African Development Fund Act (title II)..................... 94-302
African Elephant Conservation Act (title II)................ 100-478
African Elephant Conservation Reauthorization Act of 1998... 105-217
African Elephant Conservation Reauthorization Act of 2001... 107-111
African Famine Relief and Recovery Act of 1985.............. 99-8
African Growth and Opportunity Act (title I)................ 106-200
Agreement for Nuclear Cooperation Between the United States 99-183
and China..................................................
Agricultural Act of 1949.................................... 81-439
Agricultural Competitiveness and Trade Act of 1988 (title 100-418
IV)........................................................
Agricultural Development and Trade Act of 1990 (title XV)... 101-624
Agricultural Exports (title V).............................. 98-258
Agricultural Programs Adjustment Act of 1984................ 98-258
Agricultural Trade Act of 1978.............................. 95-501
Agricultural Trade Development and Assistance Act of 1954... 83-480
Agricultural Trade Development and Assistance Act of 1954-- 85-931
Extension and Amendment....................................
Agricultural Trade Suspension Adjustment Act of 1980 (title 96-494
II)........................................................
Agriculture and Food Act of 1981............................ 97-98
Agriculture Export Relief Act............................... 105-194
Agriculture, Rural Development, Food and Drug 109-97
Administration, and Related Agencies Appropriations Act,
2006.......................................................
Agriculture Trade and Export Policy Commission Act (title 97-98
XII, subtitle C)...........................................
Aid, Trade, and Competitiveness Act of 1992 (title III)..... 102-549
Alaska National Interests Lands Conservation Act............ 96-487
Amendments to U.S.-Mexico Agreement Establishing a Border 108-215
Environment Cooperation Commission and North American
Development Bank...........................................
American Aid to Poland Act of 1988 (title II, subtitle B, 100-418
part II)...................................................
American Fisheries Promotion Act (title II)................. 96-561
American Institute in Taiwan Facilities Enhancement Act..... 106-212
American Servicemembers Protection Act (title II)........... 107-206
Andean Trade Preference Act (title II)...................... 102-182
Andean Trade Promotion and Drug Eradication Act (title XXXI) 107-210
Anglo-Irish Agreement Support Act of 1986................... 99-415
Antarctic Marine Living Resources Convention Act of 1984 98-623
(title III)................................................
Antarctic Protection Act of 1990............................ 101-594
Antarctic Science, Tourism, and Conservation Act of 1996.... 104-227
Anti-Economic Discrimination Act of 1994 (title V, part C).. 103-236
Anti-Terrorism Act of 1987 (title X)........................ 100-204
Antiterrorism and Effective Death Penalty Act of 1996....... 104-132
Antihijacking Act of 1974................................... 93-366
Approval of the Compact of Free Association With the 99-658
Government of Palau........................................
Approving the Renewal of Import Restrictions--Burma......... 108-272
Arctic Research and Policy Act of 1984 (title I)............ 98-373
Arctic Tundra Habitat Emergency Conservation Act............ 106-108
Armed Forces Appropriation Authorization, 1971.............. 91-441
Arms Control and Disarmament Act............................ 87-297
Arms Control and Disarmament Act Authorization for Fiscal 99-93
Years 1986 and 1987 (title VII)............................
Arms Control and Disarmament Amendments Act of 1987......... 100-213
Arms Control and Disarmament Amendments Act of 1989......... 101-216
Arms Control and Nonproliferation Act of 1994 (title VII, 103-236
part A)....................................................
Arms Control and Nonproliferation Act of 1999 (title XI, 106-113
division B, H.R. 3427, enacted by reference)...............
Arms Control, Nonproliferation, and Security Assistance Act 106-113
of 1999 (division B, H.R. 3427, enacted by reference)......
Arms Export Control Act..................................... 90-629
Asia Foundation Act (title IV).............................. 98-164
Asian Development Bank Act.................................. 89-369
Asian Elephant Conservation Act of 1997..................... 105-96
Asian Elephant Conservation Reauthorization Act of 2002..... 107-141
Asian/Pacific American Heritage Month--Designation.......... 102-450
Assistance for International Malaria Control Act............ 106-570
Assistance for Orphans and Other Vulnerable Children in 109-95
Developing Countries Act of 2005...........................
Atlantic Salmon Convention Act of 1982 (title III).......... 97-389
Atlantic Tunas Convention Act of 1975....................... 94-70
Atlantic Tunas Convention Act of 1975, Appropriation 96-339
Authorization..............................................
Atlantic Tunas Convention Act of 1995 (title III)........... 104-43
Atlantic Tunas Convention Authorization Act of 1995 (title 104-43
III).......................................................
Atomic Energy Act of 1954................................... 83-703
Au Pair Extension........................................... 104-72
Authorization for an Improved U.S./Soviet Direct 99-85
Communications Link........................................
Authorization for Use of Military Force [international 107-40
terrorism].................................................
Authorization for Use of Military Force Against Iraq 107-243
Resolution of 2002.........................................
Authorization for Use of U.S. Armed Forces Pursuant to U.N. 102-1
Security Council Resolution 678............................
Aviation Security Improvement Act of 1990................... 101-604
Balanced Budget and Emergency Deficit Control Act of 1985 99-177
[Gramm-Rudman-Hollings Act]................................
Ballistic Missile Defense Act of 1995 (title II, subtitle C) 104-106
Bangladesh Disaster Assistance Act of 1988.................. 100-576
Bank Export Services Act (title II)......................... 97-290
Belarus Democracy Act of 2004............................... 108-347
Bill Emerson Humanitarian Trust Act (title III)............. 96-494
Biological Weapons Anti-Terrorism Act of 1989............... 101-298
Bipartian Trade Promotion Authority Act of 2002 (title XXI). 107-210
Board for International Broadcasting Act of 1973............ 93-129
Board for International Broadcasting Appropriations, 1988 100-202
(sec. 101(a), title V).....................................
Board for International Broadcasting Authorization Act, 97-241
Fiscal Years 1982 and 1983 (title IV)......................
Board for International Broadcasting Authorization Act, 98-164
Fiscal Years 1984 and 1985 (title III).....................
Board for International Broadcasting Authorization Act, 99-93
Fiscal Years 1986 and 1987 (title III).....................
Board for International Broadcasting Authorization Act, 100-204
Fiscal Years 1988 and 1989 (title V).......................
Bob Stump National Defense Authorization Act for Fiscal Year 107-314
2003.......................................................
Bretton Woods Agreements Act................................ 79-171
Bretton Woods Agreements Act Amendments, 1978............... 95-435
Bretton Woods Agreements Act Amendments, 1980............... 96-389
Bring Them Home Alive Act of 2000........................... 106-484
Cambodian Genocide Justice Act (title V, part D)............ 103-236
Canada-United States Interparliamentary Group............... 86-42
Cape Town Treaty Implementation Act of 2004................. 108-297
Caribbean Basin Economic Recovery Act (title II)............ 98-67
Caribbean Basin Economic Recovery Expansion Act of 1990 101-382
(title II).................................................
Caribbean National Forest Wild and Scenic Rivers Act of 2002 107-365
Case Act--Transmittal of International Agreements........... 92-403
Center for Cultural and Technical Interchange Between East 86-472
and West Act of 1960 (chapter VII).........................
Central American Peace Assistance........................... 100-276
Central Bering Sea Fisheries Enforcement Act of 1992 (title 102-582
III).......................................................
Chemical and Biological Weapons Control and Warfare 102-182
Elimination Act of 1991 (title III)........................
Chemical Weapons Convention Implementation Act of 1998 105-277
(division I)...............................................
Child Health Revolution..................................... 98-198
Chinese Student Protection Act of 1992...................... 102-404
Civil Government for the Trust Territory of the Pacific 83-451
Islands....................................................
Clean Air Act Amendments.................................... 101-549
Clean Diamond Trade Act..................................... 108-19
Clean Water for the Americas Partnership Act of 2002 107-228
(division A, title VI, subtitle D).........................
Clement J. Zablocki Memorial Outpatient Facility, American 98-266
Children's Hospital, Krakow, Poland........................
Coast Guard Authorization Act of 1993....................... 103-206
Collection and Publication of Foreign Commerce and Trade 87-826
Statistics.................................................
Combatting Proliferation of Weapons of Mass Destruction Act 104-293
of 1996 (title VII)........................................
Commercial Space Act of 1998................................ 105-303
Compact of Free Association Act of 1985..................... 99-239
Competitiveness Policy Council Act (title V, part I, 100-418
subtitle C)................................................
Comprehensive Peace in Sudan Act of 2004.................... 108-497
Congo Basin Forest Partnership Act of 2004.................. 108-200
Consolidated Appropriations Act, 2005....................... 108-447
Continuing Appropriations, Fiscal Year 2006................. 109-77
Continuing Resolution, 1984................................. 98-151
Convention on Cultural Property Implementation Act (title 97-446
III).......................................................
Convention on the Settlement of Investment Disputes Act of 89-532
1966.......................................................
Conventional Forces in Europe Treaty Implementation Act of 102-228
1991.......................................................
Cooperative East-West Ventures in Space..................... 98-562
Cooperative Threat Reduction Act of 1993 (title XII)........ 103-160
Crime Control Act of 1990................................... 101-647
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 104-114
1996.......................................................
Cuban Political Prisoners and Immigrants (sec. 101(a), title 100-202
VII).......................................................
Cuban Refugee Adjustment Act................................ 89-732
Cuban Resolution............................................ 87-733
Cuban Democracy Act of 1992 (title XVII).................... 102-484
Cultural Objects--Importation for Temporary Display......... 89-259
Customs and Trade Act of 1990............................... 101-382
Customs Border Security Act of 2002 (title III)............. 107-210
Czechoslovakian Claims Settlement Act of 1981............... 97-127
Dante B. Fascell North-South Center Act of 1991 (sec. 208).. 102-138
David L. Boren National Security Education Act of 1991...... 102-183
Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV). 96-283
Deep Seabed Hard Mineral Resources Act...................... 96-283
Deepwater Port Act of 1974.................................. 93-627
Defense Against Weapons of Mass Destruction Act of 1996 104-201
(title XIV)................................................
Defense Against Weapons of Mass Destruction Act of 1998 105-261
(title XIV)................................................
Defense Conversion, Reinvestment, and Transition Assistance 103-160
Amendments of 1993 (title XIII)............................
Defense Offsets Disclosure Act of 1999 (subtitle D, title 106-113
XII, H.R. 3427, enacted by reference)......................
Demilitarization of the Former Soviet Union Act of 1992 102-484
(title XIV)................................................
Department of Defense and Emergency Supplemental 107-117
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002.....................
Department of Defense Appropriation Act, 1976............... 94-212
Department of Defense Appropriation Authorization Act, 1975. 93-365
Department of Defense Appropriation Authorization Act, 1979. 95-485
Department of Defense Appropriations Act, 2006 (division A). 109-148
Department of Defense Authorization Act, 1983............... 97-252
Department of Defense Authorization Act, 1984............... 98-94
Department of Defense Authorization Act, 1985............... 98-525
Department of Defense Authorization Act, 1986............... 99-145
Department of Defense Authorization Act, 1987 (Division A).. 99-661
Department of Defense, Emergency Supplemental Appropriations 109-148
To Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006........................................
Department of Energy Act of 1978............................ 95-238
Department of State and Related Agencies Appropriations Act, 109-108
2006 (title IV)............................................
Department of State Appropriations Authorization Act of 1973 93-126
Department of State Authorization Act, Fiscal Year 2003 107-228
(division A)...............................................
Department of State Authorization Act, Fiscal Years 1980 and 96-60
1981 (title I).............................................
Department of State Authorization Act, Fiscal Years 1982 and 97-241
1983.......................................................
Department of State Authorization Act, Fiscal Years 1984 and 98-164
1985 (titles I, X).........................................
Department of State Special Agents Retirement Act of 1998... 105-382
Department of the Interior, Environment, and Related 109-54
Agencies Appropriations Act, 2006..........................
Departments of State and Justice, the Judiciary, and Related 85-474
Agencies Appropriation Act, 1959...........................
Departments of State, Justice, and Commerce, the Judiciary, 92-544
and Related Agencies Appropriations Act, 1973..............
Detainee Treatment Act of 2005 (title XIV).................. 109-163
Diplomatic Relations Act.................................... 95-393
Diplomatic Security Act (titles I-IV)....................... 99-399
Dire Emergency Supplemental Appropriations Act, 1988........ 100-393
Distribution of USIA Materials.............................. 102-454
Dolphin Protection Consumer Information Act (title IX)...... 101-627
Dominican Republic-Central America-United States Free Trade 109-53
Agreement Implementation Act...............................
Driftnet Act Amendments of 1990 (sec. 206).................. 94-265
Driftnet Impact Monitoring, Assessment, and Control Act of 100-220
1987 (title IV)............................................
East Timor Transition to Independence Act of 2002 (division 107-228
A, title VI, subtitle C)...................................
Eastern Pacific Tuna Licensing Act of 1984.................. 98-445
Education Amendments of 1978................................ 95-561
Eisenhower Exchange Fellowship Act of 1990.................. 101-454
Emergency Protection for Iraqi Cultural Antiquities Act of 108-429
2004 (title III)...........................................
Emergency Security Assistance Act of 1973................... 93-199
Emergency Supplemental Appropriations Act for Defense and 108-106
for the Reconstruction of Iraq and Afghanistan, 2004.......
Emergency Supplemental Appropriations Act for Defense, the 109-13
Global War on Terror, and Tsunami Relief, 2005.............
Emergency Supplemental Appropriations To Address Hurricanes 109-148
in the Gulf of Mexico and Pandemic Influenza Act, 2006
(division B)...............................................
Emergency Supplemental Appropriations and Rescissions for 104-6
the Department of Defense to Preserve and Enhance Military
Readiness Act of 1995......................................
Emergency Supplemental Assistance for Israel Act of 1991.... 102-21
Emergency Supplemental Persian Gulf Refugee Assistance Act 102-45
of 1991....................................................
Endangered Species Act of 1973.............................. 93-205
Energy Emergency Preparedness Act of 1982................... 97-229
Energy Policy Act of 1992................................... 102-486
Energy Policy Act of 2005................................... 109-58
Energy Policy and Conservation Act.......................... 94-163
Energy Policy and Conservation Act Amendments............... 96-133
Enhanced Border Security and Visa Entry Reform Act of 2002.. 107-173
Enterprise for the Americas Act of 1992 (title VI).......... 102-549
Enterprise for the Americas Initiative Act of 1992.......... 102-532
Establishing a Commission on Security and Cooperation in 94-304
Europe.....................................................
EURATOM Cooperation Act of 1958............................. 85-846
European Bank for Reconstruction and Development Act (sec. 101-513
562(c))....................................................
European Security Act of 1998 (division G, title XXVII)..... 105-277
Exchange Rates and International Economic Policy 100-418
Coordination Act of 1988 (title III, subtitle A)...........
Export Administration Act of 1979........................... 96-72
Export Administration Amendments Act of 1981................ 97-145
Export Administration Amendments Act of 1985................ 99-64
Export Enhancement Act of 1988 (title II)................... 100-418
Export Enhancement Act of 1992.............................. 102-429
Export Enhancement Act of 1999.............................. 106-158
Export Enhancement Program Amendments of 1994 (title IV, 103-465
subtitle A, part II, sec. 411(a))..........................
Export-Import Bank Act Amendments of 1978 (title XIX)....... 95-630
Export-Import Bank Act Amendments of 1986................... 99-472
Export-Import Bank Act of 1945.............................. 79-173
Export-Import Bank and Tied Aid Credit Amendments of 1988 100-418
(title III, subtitle D)....................................
Export-Import Bank Reauthorization Act of 2002.............. 107-189
Export Loans--Assistance.................................... 90-390
Export Trading Company Act of 1982 (title I)................ 97-290
Extending Certain Privileges to Representatives of 82-486
Organization of American States............................
Extradition Treaties Implementation Act of 1998............. 105-323
Fair Trade in Auto Parts Act of 1988 (title II, subtitle A, 100-418
part II)...................................................
Famine Prevention and Freedom From Hunger Improvement Act of 106-373
2000.......................................................
Fascell Fellowship Act (title X)............................ 99-399
Fascell Fellowship Amendments Act of 1990 (sec. 9).......... 101-454
Federal Agriculture Improvement and Reform Act of 1996...... 104-127
Federal Aviation Reauthorization Act of 1996................ 104-264
Federal Reports Elimination Act of 1998..................... 105-362
Federal Reports Elimination and Sunset Act of 1995.......... 104-66
Federal Triangle Development Act............................ 100-113
Financial Institutions Regulatory and Interest Rate Control 95-630
Act of 1978................................................
Financial Reports Act of 1988 (title III, subtitle G)....... 100-418
Finding the Government of Iraq in Unacceptable and Material 105-235
Breach of Its International Obligations....................
Fisheries Act of 1995....................................... 104-43
Fisheries Amendments of 1982................................ 97-389
Fisherman's Protective Act of 1967.......................... 83-680
Fishery Conservation Amendments of 1990..................... 101-627
Fishery Conservation Zone Transition Act.................... 95-6
Floyd D. Spence National Defense Authorization Act for 106-398
Fiscal Year 2001...........................................
Food, Agriculture, Conservation, and Trade Act of 1990...... 101-624
Food, Agriculture, Conservation, and Trade Act Amendments of 102-237
1991.......................................................
Food and Agriculture Act of 1977............................ 95-113
Food for Progress Act of 1985 (sec. 1110)................... 99-198
Food Security Act of 1985................................... 99-198
Foreign Affairs Agencies Consolidation Act of 1998 (division 105-277
G, subdivision A)..........................................
Foreign Affairs Reform and Restructuring Act of 1998 105-277
(division G)...............................................
Foreign Agents Registration Act Amendments.................. 89-486
Foreign Agents Registration Act of 1938..................... 75-583
Foreign Assistance Act of 1961.............................. 87-195
Foreign Assistance Act of 1962.............................. 87-565
Foreign Assistance Act of 1963.............................. 88-205
Foreign Assistance Act of 1964.............................. 88-633
Foreign Assistance Act of 1965.............................. 89-171
Foreign Assistance Act of 1966.............................. 89-583
Foreign Assistance Act of 1967.............................. 90-137
Foreign Assistance Act of 1968.............................. 90-554
Foreign Assistance Act of 1969, as amended.................. 91-175
Foreign Assistance Act of 1971.............................. 92-226
Foreign Assistance Act of 1973.............................. 93-189
Foreign Assistance Act of 1974.............................. 93-559
Foreign Assistance and Related Programs Appropriations Act, 98-151
1984 (sec. 101(b)(1))......................................
Foreign Corrupt Practices Act Amendments of 1988 (title V, 100-418
subtitle A, part I)........................................
Foreign Corrupt Practices Act of 1977 (title I)............. 95-213
Foreign Debt Reserving Act of 1989 (title IV)............... 101-240
Foreign Direct Investment and International Financial Date 101-533
Improvements Act of 1990...................................
Foreign Gifts and Decorations Act of 1966................... 89-673
Foreign Intelligence Surveillance Act of 1978............... 95-511
Foreign Investment Study Act of 1974........................ 93-479
Foreign Military Sales Act Amendments, 1971................. 91-672
Foreign Missions Act (title II)............................. 97-241
Foreign Missions Amendments Act (title VI).................. 98-164
Foreign Narcotics Kingpin Designation Act (title VIII)...... 106-120
Foreign Operations, Export Financing, and Related Programs 100-202
Appropriations Act, 1988 (sec. 101(e)).....................
Foreign Operations, Export Financing, and Related Programs 100-460
Appropriations Act, 1989...................................
Foreign Operations, Export Financing, and Related Programs 101-167
Appropriations Act, 1990...................................
Foreign Operations, Export Financing, and Related Programs 101-513
Appropriations Act 1991....................................
Foreign Operations, Export Financing, and Related Programs 102-391
Appropriations Act, 1993...................................
Foreign Operations, Export Financing, and Related Programs 103-306
Appropriations Act, 1995...................................
Foreign Operations, Export Financing, and Related Programs 104-208
Supplemental Appropriations Act, 1997 (title I, sec.
101(c))....................................................
Foreign Operations, Export Financing, and Related Programs 106-113
Appropriations Act, 2000 (H.R. 3422, enacted by reference).
Foreign Operations, Export Financing, and Related Programs 106-429
Appropriations Act, 2001...................................
[Kenneth M. Ludden] Foreign Operations, Export Financing and 107-115
Related Programs Appropriations Act, 2002..................
Foreign Operations, Export Financing and Related Programs 108-7
Appropriations Act, 2003 (division E)......................
Foreign Operations, Export Financing, and Related Programs 108-199
Appropriations Act, 2004 (division D)......................
Foreign Operations, Export Financing, and Related Programs 108-447
Appropriations Act, 2005 (division D)......................
Foreign Operations, Export Financing, and Related Programs 109-102
Appropriations Act, 2006...................................
Foreign Relations Authorization Act, Fiscal Year 1976....... 94-141
Foreign Relations Authorization Act, Fiscal Year 1977....... 94-350
Foreign Relations Authorization Act, Fiscal Year 1978....... 95-105
Foreign Relations Authorization Act, Fiscal Year 1979....... 95-426
Foreign Relations Authorization Act, Fiscal Year 2003....... 107-228
Foreign Relations Authorization Act, Fiscal Years 1986 and 99-93
1987.......................................................
Foreign Relations Authorization Act, Fiscal Years 1988 and 100-204
1989.......................................................
Foreign Relations Authorization Act, Fiscal Years 1990 and 101-246
1991.......................................................
Foreign Relations Authorization Act, Fiscal Years 1992 and 102-138
1993.......................................................
Foreign Relations Authorization Act, Fiscal Years 1994 and 103-236
1995.......................................................
Foreign Relations Authorization Act, Fiscal Years 1998 and 105-277
1999 (division G, subdivision B)...........................
Foreign Relations Authorization Act of 1972................. 92-352
Foreign Relations Persian Gulf Conflict Emergency 102-20
Supplemental Authorization Act, Fiscal Year 1991...........
Foreign Service Act of 1980................................. 96-465
Foreign Service Buildings Act, 1926......................... 69-186
Foreign Service Retirement Amendments of 1976 (title V)..... 94-350
Foreign Shipping Practices Act of 1988 (title X)............ 100-418
Foreign Sovereign Immunities Act of 1976.................... 94-583
Forest Resources Conservation and Shortage Relief Act of 101-382
1990 (title IV)............................................
Freedom for Russia and Emerging Eurasian Democracies and 102-511
Open Markets Support Act of 1992 (FREEDOM Support Act).....
Freedom Investment Act of 2002 (division A, title VI, 107-228
subtitle E)................................................
FRIENDSHIP Act.............................................. 103-199
Further Continuing Appropriations, 1985..................... 99-190
General Government Matters, Department of Commerce, and 87-125
Related Agencies Appropriation Act, 1962...................
Generalized System of Preferences Renewal Act of 1984 (title 98-573
V).........................................................
Gerald B.H. Solomon Freedom Consolidation Act of 2002....... 107-187
German-American Day......................................... 103-100
German Democratic Republic Fishery Agreement................ 100-350
Global AIDS and Tuberculosis Relief Act of 2000............. 106-264
Global AIDS Research and Relief Act of 2000 (title I)....... 106-264
Global Anti-Semitism Review Act of 2004..................... 108-332
Global Change Research Act of 1990.......................... 101-606
Global Climate Change Prevention Act of 1990 (title XXIV)... 101-624
Global Climate Protection Act of 1987 (title XI)............ 100-204
Global Environmental Protection Assistance Act of 1989 101-240
(title VII)................................................
Governing International Fishery Agreement With Poland....... 105-384
Governing International Fishery Agreements With Iceland and 98-623
the European Economic Community (title I)..................
Governing International Fishery Agreements With Japan and 97-389
Spain (title IV)...........................................
Great Ape Conservation Act of 2000.......................... 106-411
Haitian Refugee Immigration Fairness Act of 1998 (division 105-277
A, sec. 101(h), title IX)..................................
HELP Commission Act (division B, sec. 637).................. 108-199
Helsinki Human Rights Day................................... 103-294
High Seas Driftnet Fisheries Enforcement Act................ 102-582
High Seas Driftnet Fishing Moratorium Protection Act (title 104-43
VI)........................................................
High Seas Fishing Compliance Act of 1995 (title I).......... 104-43
Higher Education Amendments of 1986......................... 99-498
Holocaust Victims Redress Act............................... 105-158
Horn of Africa Recovery and Food Security Act............... 102-274
Hostage Relief Act of 1980.................................. 96-449
Human Rights, Refugees, and Other Foreign Relations 104-319
Provisions Act of 1996.....................................
Humpback Whales Wildlife Sanctuary (West Indies)............ 99-630
ILSA [Iran and Libya Sanctions Act] Extension Act of 2001... 107-24
Immigration Act of 1990..................................... 101-649
Immigration and Nationality Act............................. 82-414
Immigration Reform and Control Act of 1986.................. 99-603
Implementation of Compact of Free Association With Palau.... 101-219
Implementing Agreement for Vienna Convention on Diplomatic 101-62
Relations..................................................
Indochinese Refugee and Resettlement Act of 1987 (sec. 100-202
101(a), title VIII)........................................
Inspector General Act of 1978............................... 95-452
Intelligence Authorization Act for Fiscal Year 1985......... 98-618
Intelligence Authorization Act for Fiscal Year 1996......... 104-93
Intelligence Authorization Act for Fiscal Year 1997......... 104-293
Intelligence Authorization Act for Fiscal Year 1998......... 105-107
Intelligence Authorization Act for Fiscal Year 2000......... 106-120
Intelligence Reform and Terrorism Prevention Act of 2004.... 108-458
Inter-American Development Bank Act......................... 86-147
Inter-American Investment Corporation Act (title II, S. 98-473
2416, enacted by reference)................................
Intercountry Adoption Act of 2000........................... 106-279
International Academic Opportunities Act of 2000 (title III) 106-309
International Anti-Bribery and Fair Competition Act of 1998. 105-366
International Anti-Corruption and Good Governance Act of 106-309
2000 (title II)............................................
International Arms Sales Code of Conduct Act of 1999 106-113
(subtitle F, title XII, H.R. 3427, enacted by reference)...
International Atomic Energy Agency Participation Act of 1957 85-177
International Carriage of Perishable Foodstuffs Act......... 97-325
International Center Act.................................... 90-553
International Child Abduction Remedies Act.................. 100-300
International Claims Settlement Act of 1949................. 81-455
International Coffee Agreement Act of 1980.................. 96-599
International Communication Agency Authorization for Fiscal 95-426
Year 1979 (title II).......................................
International Communication Agency Authorization Act, Fiscal 96-60
Years 1980 and 1981 (title II).............................
International Cooperation in Global Change Research Act of 101-606
1990 (title II)............................................
International Cooperation to Protect Biological Diversity... 100-530
International Debt Management Act of 1988 (title III, 100-418
subtitle B)................................................
International Development and Finance Act of 1989........... 101-240
International Development and Food Assistance Act of 1975... 94-161
International Development and Food Assistance Act of 1977... 95-88
International Development and Food Assistance Act of 1978... 95-424
International Development Association Act................... 86-565
International Development Cooperation Act of 1979........... 96-53
International Dolphin Conservation Act of 1992.............. 102-523
International Dolphin Conservation Program Act.............. 105-42
International Emergency Economic Powers Act (title II)...... 95-223
International Energy Emergency Authorities: Extension....... 100-373
International Environmental Protection Act of 1983 (title 98-164
VII).......................................................
International Finance Corporation Act....................... 84-350
International Financial Institutions Act.................... 95-118
International Forestry Cooperation Act of 1990 (title VI)... 101-513
International Investment and Trade in Services Survey Act... 94-472
International Lending Supervision Act of 1983 (title IX).... 98-181
International Malaria Control Act (title I)................. 106-570
International Maritime and Port Security Act (title IX)..... 99-399
International Money Laundering Abatement and Financial Anti- 107-56
Terrorism Act of 2001 (title III)..........................
International Narcotics Control Act of 1985 (title VI)...... 99-83
International Narcotics Control Act of 1986 (title II)...... 99-570
International Narcotics Control Act of 1988 (title IV)...... 100-690
International Narcotics Control Act of 1989................. 101-231
International Narcotics Control Act of 1990................. 101-623
International Narcotics Control Corrections Act of 1994..... 103-447
International Natural Rubber Agreement Appropriation 96-271
Authorization for Fiscal Year 1981.........................
International Organizations Immunities Act.................. 79-291
International Parental Kidnapping Crime Act................. 105-173
International Peacekeeping Act of 1992...................... 102-311
International Religious Freedom Act of 1998................. 105-292
International Security and Development Assistance 98-151
Authorization Act of 1983 (sec. 101(b)(2)).................
International Security and Development Cooperation Act of 96-533
1980.......................................................
International Security and Development Cooperation Act of 97-113
1981.......................................................
International Security and Development Cooperation Act of 99-83
1985.......................................................
International Security Assistance Act of 1977............... 95-92
International Security Assistance Act of 1978............... 95-384
International Security Assistance Act of 1979............... 96-92
International Security Assistance and Arms Export Control 94-329
Act of 1976................................................
International Sugar Agreement, 1977, Implementation......... 96-236
International Trade and Investment Act (title III).......... 98-573
International Tuberculosis Control Act of 2000 (title II)... 106-264
Intervention on the High Seas Act........................... 93-248
Iran and Libya Sanctions Act of 1996........................ 104-172
Iran Claims Settlement (title V)............................ 99-93
Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI).... 102-484
Iran Nonproliferation Act of 2000........................... 106-178
Iran Nonproliferation Amendments Act of 2005................ 109-112
Iran Nuclear Proliferation Prevention Act of 2002 (division 107-228
B, title XIII, subtitle D).................................
Iraq Liberation Act of 1998................................. 105-338
Iraq Sanctions Act of 1990 (secs. 586-586J)................. 101-513
Irish Peace Process Cultural and Training Program Act of 105-319
1998.......................................................
Japan-United States Friendship Act.......................... 94-118
Japanese Imperial Government Disclosure Act of 2000 (title 106-567
VIII)......................................................
Jerusalem Embassy Act of 1995............................... 104-45
Jobs Through Exports Act of 1992............................ 102-549
Jobs Through Trade Expansion Act of 1994.................... 103-392
Johnson Act--Financial Transactions With Foreign Governments 80-772
Joint Resolution to Implement the United States Proposal for 94-110
the Early-Warning System in Sinai..........................
Jordan Supplemental Economic Assistance Authorization Act of 99-88
1985 (title IV)............................................
Kenneth M. Ludden Foreign Operations, Export Financing and 107-115
Related Programs Appropriations Act, 2002..................
Latin American Development Act.............................. 86-735
Lebanon Emergency Assistance Act of 1983.................... 98-43
Legislative Branch Appropriation Act, 1961.................. 86-628
Logan Act--Private Correspondence With Foreign Governments.. 80-772
Magnuson-Stevens Fishery Conservation and Management Act of 94-265
1976.......................................................
Marine Mammal Protection Act of 1972........................ 92-522
Marine Turtle Conservation Act of 2004...................... 108-266
Mexican Debt Disclosure Act of 1995 (title IV).............. 104-6
Mexico-United States Interparliamentary Group............... 86-420
Microenterprise for Self-Reliance Act of 2000 (title I)..... 106-309
Microenterprise for Self-Reliance and International Anti- 106-309
Corruption Act of 2000.....................................
Microenterprise Report to Congress.......................... 108-31
Microenterprise Results and Accountability Act of 2004...... 108-484
Micronesian Claims Act of 1971.............................. 92-39
Middle East Peace Facilitation Act of 1993.................. 103-125
Middle East Peace Facilitation Act of 1994 (title V, part E) 103-236
Middle East Peace Commitments Act of 2002 (division A, title 107-228
VI, subtitle A)............................................
Migration and Refugee Assistance Act of 1962................ 87-510
Migratory Bird Treaty Reform Act of 2004 (division E, sec. 108-447
143).......................................................
Mike Mansfield Fellowship Act (title II, part C)............ 103-236
Millennium Challenge Act of 2003 (division D, title VI)..... 108-199
Miscellaneous Amendments and Authorization--FYs 1996 and 104-164
1997.......................................................
Miscellaneous Appropriations and Offsets Act, 2005 (division 108-447
J, title I)................................................
Miscellaneous International Affairs Authorization Act of 100-461
1988 (S. 2757, enacted by reference).......................
Miscellaneous Trade and Technical Corrections Act of 1999... 106-36
Miscellaneous Trade and Technical Corrections Act of 2004... 108-429
Missile Defense Act of 1991 (title II, part C).............. 102-190
Most-Favored-Nation Treatment for Cambodia.................. 104-203
Most-Favored-Nation Treatment for People's Republic of 102-158
Bulgaria...................................................
Most-Favored-Nation Treatment for People's Republic of 104-162
Bulgaria...................................................
Most-Favored-Nation Treatment for Czechoslovakia............ 101-541
Most-Favored Nation Treatment for Mongolian People's 102-157
Republic...................................................
Most-Favored-Nation Treatment for Romania................... 104-171
Most-Favored Nation Treatment for the Union of Soviet 102-197
Socialist Republics........................................
Multilateral Development Bank Act of 1985 (sec. 101(i), H.R. 99-190
2253, enacted by reference)................................
Multilateral Development Banks Procurement Act (title III, 100-418
subtitle C)................................................
Multilateral Development Banks: Sense of Congress (title X). 98-181
Multilateral Export Control Enhancement Amendments Act 100-418
(title II, subtitle D, part II)............................
Multilateral Investment Guarantee Agency Act (sec. 101(e), 100-202
H.R. 3570, enacted by reference, title IV).................
Multinational Force and Observers Participation Resolution.. 97-132
Multinational Force in Lebanon Resolution................... 98-119
Mutual Educational and Cultural Exchange Act of 1961........ 87-256
Mutual Security Act of 1954................................. 83-665
Mutual Security Act of 1959................................. 86-108
Mutual Security Act of 1960................................. 86-472
National Academy of Peace and Conflict Resolution (title XV, 95-561
part B)....................................................
National Aeronautics and Space Act of 1958.................. 85-568
National Aeronautics and Space Administration Authorization 94-39
Act, 1976..................................................
National Aeronautics and Space Administration Authorization 100-147
Act of 1988................................................
National Aeronautics and Space Administration Authorization 100-685
Act, Fiscal Year 1989......................................
National Aeronautics and Space Administration Authorization 101-611
Act, Fiscal Year 1991......................................
National Aeronautics and Space Administration Authorization 102-195
Act, Fiscal Year 1992......................................
National Aeronautics and Space Administration Authorization 102-588
Act, Fiscal Year 1993......................................
National and Community Service Act of 1990.................. 101-610
National Critical Materials Act of 1984 (title II).......... 98-373
National Defense Authorization Act, Fiscal Year 1987........ 99-661
National Defense Authorization Act, Fiscal Year 1989........ 100-456
National Defense Authorization Act for Fiscal Years 1988 and 100-180
1989.......................................................
National Defense Authorization Act for Fiscal Years 1990 and 101-189
1991.......................................................
National Defense Authorization Act for Fiscal Year 1991..... 101-510
National Defense Authorization Act for Fiscal Years 1992 and 102-190
1993.......................................................
National Defense Authorization Act for Fiscal Year 1993..... 102-484
National Defense Authorization Act for Fiscal Year 1994..... 103-160
National Defense Authorization Act for Fiscal Year 1995..... 103-337
National Defense Authorization Act for Fiscal Year 1996..... 104-106
National Defense Authorization Act for Fiscal Year 1997..... 104-201
National Defense Authorization Act for Fiscal Year 1998..... 105-85
National Defense Authorization Act for Fiscal Year 1999..... 105-262
National Defense Authorization Act for Fiscal Year 2000..... 106-65
[Floyd D. Spence] National Defense Authorization Act for 106-398
Fiscal Year 2001...........................................
National Defense Authorization Act for Fiscal Year 2002..... 107-107
[Bob Stump] National Defense Authorization Act for Fiscal 107-314
Year 2003..................................................
National Defense Authorization Act for Fiscal Year 2004..... 108-136
[Ronald W. Reagan] National Defense Authorization Act for 108-375
Fiscal Year 2005...........................................
National Defense Authorization Act for Fiscal Year 2006..... 109-163
National Emergencies Act.................................... 94-412
National Endowment for Democracy Act (title V).............. 98-164
National Former Prisoners of War Recognition Day............ 103-60
National Missile Defense Act of 1999........................ 106-38
National Science Foundation Act of 1950..................... 81-507
National Security and Corporate Fairness under the 106-113
Biological Weapons Convention Act (chapter 2, subtitle A,
title XI, division B, H.R. 3427, enacted by reference).....
National Security Council................................... 80-253
National Shipbuilding and Shipyard Conversion Act of 1993 103-160
(title XIII, subtitle D)...................................
National Space Council Authorization Act of 1990............ 101-328
National Terrorist Asset Trading Center..................... 106-346
NATO Participation Act of 1994 (title II)................... 103-447
Naval Vessels Transfer Act of 2005.......................... 109-134
Nazi War Crimes Disclosure Act.............................. 105-246
Neotropical Migratory Bird Conservation Act................. 106-247
Neutrality Act of 1939...................................... 76-54
Nicaraguan Adjustment and Central American Relief Act (title 105-100
II)........................................................
Nondiscriminatory Treatment Toward Products of Albania...... 102-363
Nondiscriminatory Treatment Toward Products of Romania...... 103-133
Nonproliferation Assistance Coordination Act of 2002........ 107-228
Nonindigenous Aquatic Nuisance Prevention and Control Act of 101-646
1990.......................................................
North American Free Trade Agreement Implementation Act...... 103-182
North Atlantic Treaty Organization Mutual Support Act of 96-323
1979.......................................................
North Korea Threat Reduction Act of 1999 (subtitle B, title 106-113
VIII, division A, H.R. 3427, enacted by reference).........
North Korean Human Rights Act of 2004....................... 108-333
North Pacific Anadromous Stocks Act of 1992 (title VIII).... 102-567
North Pacific Anadromous Stocks Convention Act of 1992 102-587
(title VIII)...............................................
Northern Uganda Crisis Response Act......................... 108-283
Northwest Atlantic Fisheries Convention Act of 1995 (title 104-43
II)........................................................
Nuclear Non-Proliferation Act of 1978....................... 95-242
Nuclear Non-Proliferation Act of 1978--Agreements for 96-280
Cooperation................................................
Nuclear Proliferation Prevention Act of 1994 (title VIII)... 103-236
Nuclear Security Initiative Act of 2003 (title XXXVI)....... 108-136
Nuclear Waste Policy Act of 1982............................ 97-425
Oceans Act of 1992.......................................... 102-587
Oceans Act of 2000.......................................... 106-256
Office of National Drug Control Policy Reauthorization Act 105-277
of 1998 (division C, title VII)............................
Oil Pollution Act of 1990................................... 101-380
Omnibus Consolidated and Emergency Supplemental 105-277
Appropriations Act for Fiscal Year 1999....................
Omnibus Consolidated Appropriations for Fiscal Year 1997.... 104-208
Omnibus Diplomatic Security and Antiterrorism Act of 1986... 99-399
Omnibus Insular Areas Act of 1992........................... 102-247
Omnibus Trade and Competitiveness Act of 1988............... 100-418
Operation Desert Shield/Desert Storm Supplemental 102-28
Appropriations Act, 1991...................................
Overseas Private Investment Corporation Amendments Act of 100-461
1988 (H.R. 5263, enacted by reference).....................
Pacific Charter Commission Act of 2000 (title IV)........... 106-570
Pacific Salmon Treaty Act of 1985........................... 99-5
Passport Services Enhancement Act of 2005................... 109-167
Paul D. Coverdell Fellows Program Act of 2000 (sec. 408).... 106-309
Paul D. Coverdell World Wise Schools Act of 2000 (title VI). 106-570
Panama Canal Act of 1979.................................... 96-70
Panama Canal Act Amendments of 1996......................... 104-201
Panama Canal Commission Authorization Act for Fiscal Year 101-189
1990 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 101-510
1991 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 102-190
1992 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 102-484
1993 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 103-160
1994 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 103-337
1995 (title XXXVI).........................................
Panama Canal Commission Authorization Act for Fiscal Year 104-106
1996 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 104-201
1997 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 105-85
1998 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 105-261
1999 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 106-65
2000 (title XXXV)..........................................
Par Value Modification Act.................................. 92-268
Par Value Modification Act--Foreign Currency Reports (title 93-110
II)........................................................
Peace Corps Act............................................. 87-293
Peace Corps Act Amendments.................................. 89-134
Peace Corps Authorization for Fiscal Years 1986 and 1987 99-83
(title XI).................................................
Peace Corps Authorization for Fiscal Year 1993.............. 102-565
Peace Corps Reauthorization................................. 106-30
Peace Process in Liberia.................................... 102-270
Persian Gulf Conflict Supplemental Authorization and 102-25
Personnel Benefits Act of 1991.............................
Persian Gulf POW/MIA Accountability Act of 2002............. 107-258
Pesticide Monitoring Improvements Act of 1988 (title IV, 100-418
subtitle G)................................................
PLO Commitments Compliance Act of 1989 (title VIII)......... 101-246
President's Emergency Food Assistance Act of 1984 (title 98-473
III).......................................................
Prevention of Child Abduction Partnership Act............... 108-370
Primary Dealers Act of 1988 (title III, subtitle F)......... 100-418
Proliferation Prevention Enhancement Act of 1999 (subtitle 106-113
E, title XII, H.R. 3427, enacted by reference).............
Protection and Reduction of Government Secrecy Act (title 103-236
IX)........................................................
Protection of Antarctica.................................... 101-620
Protection of Foreign Missions.............................. 97-418
Providing for Increased Participation by the United States 96-259
in the Inter-American and Asian Development Banks and
African Development Fund...................................
Quincentenary of Voyage of Christopher Columbus............. 102-472
R.M.S. Titanic Maritime Memorial Act of 1986................ 99-513
Radio Broadcasting to Cuba Act.............................. 98-111
Radio Free Afghanistan...................................... 107-148
Radio Free Asia Act of 1998 (title XXXIX)................... 105-261
Reaffirming North Atlantic Alliance--United States 96-9
Commitment.................................................
Reaffirming the Unity of the North Atlantic Alliance 95-287
Commitment.................................................
Records Relating to Nazi Warm Crimes........................ 104-309
Refugee Act of 1980......................................... 96-212
Refugee Education Assistance Act of 1980.................... 96-422
Release of USIA Materials to Museums........................ 99-475
Release of USIA Materials: ``Fragile Ring of Life''......... 104-161
Release of USIA Materials: VOA, Radio Marti Recordings...... 104-269
Renewal of Import Restrictions--Burmese Freedom and 109-39
Democracy Act of 2003......................................
Research and Training for Eastern Europe and the Independent 98-164
States of the Former Soviet Union Act of 1983 (title VIII).
Resolution To Promote Peace and Stability in the Middle East 85-7
Rhinoceros and Tiger Conservation Act of 1994............... 103-391
Rhinoceros and Tiger Conservation Act of 1998............... 105-312
Rhinoceros and Tiger Conservation Reauthorization Act of 107-112
2001.......................................................
Rio Grande American Canal Extension Act of 1990............. 101-438
Rio Grande Pollution Correction Act of 1987................. 100-465
Ronald W. Reagan National Defense Authorization Act for 108-375
Fiscal Year 2005...........................................
Russian Democracy Act of 2002............................... 107-246
Russian Federation Debt for Nonproliferation Act of 2002 107-228
(division B, title XIII, subtitle B).......................
Ryukyu Islands Claims Settlement Act........................ 89-296
Sales of Arms to Jordan..................................... 99-162
Science, State, Justice, Commerce, and Related Agencies 109-108
Appropriations Act, 2006...................................
Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V).. 104-43
Secure Embassy Construction and Counterterrorism Act of 1999 106-113
(title VI, division A, H.R. 3427, enacted by reference)....
Security Assistance Act of 1999 (title XII, H.R. 3427, 106-113
enacted by reference)......................................
Security Assistance Act of 2000............................. 106-280
Security Assistance Act of 2002 (division B)................ 107-228
Senator Paul Simon Water for the Poor Act of 2005........... 109-121
Shark Finning Prohibition Act............................... 106-557
Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted 106-113
by reference)..............................................
Small Business International Trade and Competitiveness Act 100-418
(title VII)................................................
South African Democratic Transition Support Act of 1993..... 103-149
South Pacific Tuna Act of 1988.............................. 100-330
Soviet Nuclear Threat Reduction Act of 1991 (title II)...... 102-228
Soviet Scientists Immigration Act of 1992................... 102-509
Special Drawing Rights Act.................................. 90-349
Special Foreign Assistance Act of 1971...................... 91-652
Special Foreign Assistance Act of 1986...................... 99-529
Special International Security Assistance Act of 1979....... 96-35
Spoils of War Act of 1994 (title V, part B)................. 103-236
State Department Basic Authorities Act of 1956.............. 84-885
State Department/USIA Authorization Act, Fiscal Year 1975... 93-475
Steel Import Stabilization Act (title VIII)................. 98-573
Strategic and Critical Materials Transaction Authorization 96-175
Act of 1979................................................
Striped Bass Conservation, Atlantic Coastal Fisheries 106-555
Management and Marine Mammal Rescue Assistance Act of 2000.
Strom Thurmond National Defense Authorization Act for Fiscal 105-261
Year 1999..................................................
Sudan Peace Act............................................. 107-245
Supplemental Appropriations Act of 1993..................... 103-50
Supplemental Appropriations Act, 1984....................... 98-181
Supplemental Appropriations Act, 1985....................... 99-88
Support for East European Democracy (SEED) Act of 1989...... 101-179
Support for Overseas Cooperative Development Act (sec. 401). 106-309
Survival Assistance for Victims of Civil Strife in Central 101-215
America....................................................
Sustainable Fisheries Act................................... 104-297
Syria Accountability and Lebanese Sovereignty Restoration 108-175
Act of 2003................................................
Taiwan's Participation in the World Health Organization..... 108-235
Taiwan's Participation in the World Health Organization..... 108-28
Taiwan Relations Act........................................ 96-8
Tariff Act of 1930.......................................... 71-361
Tariff Suspension and Trade Act of 2000..................... 106-476
Telecommunications Trade Act of 1988 (title I, subtitle C, 100-418
part 4)....................................................
Termination of Trade Restrictions to Czechoslovakia and 102-182
Hungary....................................................
Terrorist Bombings Convention Implementation Act of 2002.... 107-197
Tibetan Policy Act 2002 (division A, title VI, subtitle B).. 107-228
To Provide Certain Authorities for the Department of State.. 109-140
To Provide for an Investigation of the Whereabouts of U.S. 103-372
Citizens Missing From Cyprus Since 1974....................
Tonkin Gulf Resolution...................................... 88-408
Torture Victim Protection Act of 1991....................... 102-256
Torture Victims Relief Reauthorization Act of 1999.......... 106-87
Torture Victims Relief Reauthorization Act of 2005.......... 109-165
Tourism Policy and Export Promotion Act of 1992............. 102-372
Trade Act of 1974........................................... 93-618
Trade Act of 2002........................................... 107-210
Trade Agreements Act of 1979................................ 96-39
Trade and Development Act of 2000........................... 106-200
Trade and Development Enhancement Act of 1983 (title VI, 98-181
part C)....................................................
Trade and Tariff Act of 1984................................ 98-573
Trade Deficit Review Commission Act (division A, sec. 127).. 105-277
Trade Expansion Act of 1962................................. 87-794
Trade Sanctions Reform and Export Enhancement Act of 2000 106-387
(title IX).................................................
Trading With the Enemy Act.................................. 65-91
Trafficking Victims Protection Act of 2000 (division A)..... 106-386
Trafficking Victims Protection Reauthorization Act of 2005.. 109-164
Trans-Alaska Pipeline Authorization Act..................... 93-153
Transfer of Items To War Reserves Stockpile for Allies, 109-159
Korea......................................................
Tropical Forest Conservation Act of 1998 (part V)........... 87-195
Tropical Forest Conservation Act Reauthorization............ 108-323
Trust Territory of the Pacific Islands Act.................. 92-257
Tuna Conventions Act of 1950................................ 81-764
United Nations Environment Program Participation Act of 1973 93-188
United Nations Headquarters Agreement Act................... 80-357
United Nations Participation Act of 1945.................... 79-264
United Nations Reform Act of 1998 (division F, subdivision 105-277
C).........................................................
United Nations Reform Act of 1999 (title IX, division A, 106-113
H.R. 3427, enacted by reference)...........................
United States-Australia Free Trade Agreement Implementation 108-286
Act........................................................
United States-Canada Free Trade Agreement Implementation Act 100-449
of 1988....................................................
United States-Chile Free Trade Agreement Implementation Act. 108-77
United States Government Opposition to the Practice of 98-447
Torture....................................................
United States Group of the North Atlantic Treaty 84-689
Parliamentary Conferences--Participation Resolution........
United States-Hong Kong Policy Act of 1992.................. 102-383
United States-India Fund for Cultural, Educational, and 98-164
Scientific Cooperation Act (title IX)......................
United States Information Agency Authorization for Fiscal 94-350
Year 1977 (title II).......................................
United States Information Agency Authorization for Fiscal 95-105
Year 1978 (title II).......................................
United States Information Agency Authorization Act, Fiscal 97-241
Years 1982 and 1983 (title III)............................
United States Information Agency Authorization Act, Fiscal 98-164
Years 1984 and 1985 (title II).............................
United States Information Agency Authorization Act, Fiscal 99-93
Years 1986 and 1987 (title II).............................
United States Information Agency Authorization Act, Fiscal 100-204
Years 1988 and 1989 (title II).............................
United States Information and Educational Exchange Act of 80-402
1948.......................................................
United States Institute for Peace Act (title XVII).......... 98-525
United States International Broadcasting Act of 1994 (title 103-236
III).......................................................
United States-Bahrain Free Trade Agreement Implementation 109-169
Act........................................................
United States-Israel Free Trade Area Implementation Act of 99-47
1985.......................................................
United States-Japan Fishery Agreement Approval Act of 1987.. 100-220
United States-Jordan Free Trade Area Implementation Act..... 107-43
United States-Korea Fishery Agreement....................... 100-66
United States Leadership Against HIV/AIDS, Tuberculosis, and 108-25
Malaria Act of 2003........................................
United States-Macau Policy Act of 2000 (title II)........... 106-570
United States-Morocco Free Trade Agreement Implementation 108-302
Act........................................................
United States Policy in Iraq Act (section 1227)............. 109-163
United States Policy Toward Haiti........................... 103-423
United States Recognition and Participation in International 91-269
Expositions................................................
United States Scholarship Program for Developing Countries 99-93
Authorization, Fiscal Years 1986 & 1987 (title VI).........
Uniting and Strengthening America By Providing Appropriate 107-56
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001...................................
Urgent Assistance for Democracy in Panama Act of 1990....... 101-243
Uruguay Rounds Agreements Act............................... 103-465
U.S.-China Relations Act of 2000............................ 106-286
U.S. Holocaust Assets Commission Act of 1998................ 105-186
U.S. Participation in Certain International Organizations... 81-806
U.S.-U.S.S.R. Fishing Agreement............................. 100-629
Victims of Terrorism Compensation Act (title VIII).......... 99-399
Victims of Trafficking and Violence Protection Act of 2000.. 106-386
Vietnam Education Foundation Act of 2000 (title II)......... 106-554
Visa for Officials of Taiwan................................ 103-416
War Powers Resolution....................................... 93-148
Weapons of Mass Destruction Control Act of 1992 (title XV).. 102-484
Western Hemisphere Drug Elimination Act (division C, title 105-277
VIII)......................................................
Western Hemisphere Drug Elimination Technical Corrections 106-35
Act........................................................
Whaling Convention Act of 1949.............................. 81-676
Wild Bird Conservation Act of 1992.......................... 102-440
Wine Equity and Export Expansion Act of 1984 (title IX)..... 98-573
Withdrawal of MFN From Serbia and Montenegro................ 102-420
Wool Suit and Textile Trade Extension Act of 2004 (title IV) 108-429
World Food Day.............................................. 103-108
Yukon River Salmon Act of 1995 (title VII).................. 104-43
Yukon River Salmon Act of 2000.............................. 106-450
Zimbabwe Democracy and Economic Recovery Act of 2001........ 107-99
------------------------------------------------------------------------
USE OF THE INDEX
---------- _
The index is organized by subject matter only. Each subject
entry also includes the legal citation indicating the document
to which it refers. These legal citations were not chosen on
the basis of standard legal citation form, but rather for the
amount of information they provided and for convenience in
producing a computer-printed index.
Page references, wherever possible, indicate the exact page
on which mention of the entry is made. Entries of a more
general nature that refer to a large section or to an entire
document are listed with the page on which the reference
begins.
I N D E X
---------- _
A
ACEP. See Advisory Committee on
Export Policy
ADB. See Asian Development Bank
Adjustment Assistance Coordinating
Committee
Establishment of PL 93-618 Sec 281..... 343
Advisory Committee for Trade Policy
and Negotiations
Establishment of................. PL 93-618 Sec 135(b).. 279
Meeting at conclusion of PL 93-618 Sec 135(e).. 281
negotiations.
Advisory Committee on Export Policy
Establishment of................. EO 12981 Sec 5........ 1447
Operating Committee.............. EO 12981 Sec 5........ 1447
Resolution procedures............ EO 12981 Sec 5........ 1448
ADF. See African Development Fund
Afghanistan
Agricultural export licensing.... PL 106-387 Sec 906.... 1484
Most-favored-nation treatment
Authority to deny.............. PL 99-190 Sec 118..... 1638
PL 99-190 Sec 552..... 1638
Africa
South African Democratic PL 103-149............ 1628
Transition Support Act of 1993.
Apartheid sanctions laws, PL 103-149 Sec 4...... 1630
repeal of.
Consultation with South PL 103-149 Sec 10..... 1634
Africans.
Cooperative agreements......... PL 103-149 Sec 8...... 1633
Findings....................... PL 103-149 Sec 2...... 1628
Information and educational PL 103-149 Sec 7...... 1633
exchange programs.
International financial PL 103-149 Sec 9...... 1633
institutions.
Sanctions, repeal of........... PL 103-149 Sec 4...... 1630
Transition to a non-racial PL 103-149 Sec 5...... 1631
democracy, U.S. assistance.
U.S. investment and trade...... PL 103-149 Sec 6...... 1633
U.S. policy, sense of Congress. PL 103-149 Sec 3...... 1629
Special Facility for Sub-Saharan
Africa
Appropriations authorization... PL 86-565 Sec 19...... 46
Eighth replenishment of PL 86-565 Sec 20...... 46
resources, U.S. payments to.
Findings....................... PL 99-190 Sec 101..... 49
Fourteenth replenishment of PL 86-565 Sec 23...... 48
resources, U.S. payments to.
Ninth replenishment of PL 86-565 Sec 21...... 46
resources, U.S. payments to.
Thirteenth replenishment of PL 86-565 Sec 22...... 47
resources, U.S. payments to.
Sub-Saharan Africa
Designation for certain trade PL 93-618 Sec 506A.... 403
benefits.
Export-Import Bank of the PL 79-173 Sec 2(b).... 1237
United States commitments.
Africa--Continued
Sub-Saharan Africa--Continued
Financing human welfare and PL 95-118 Sec 1609.... 182
natural resource programs in
connection with debt reduction
and conversion, initiation of
discussions.
Trade benefits termination..... PL 93-618 Sec 506B.... 404
Trade and development policy..... PL 103-465 Sec 134.... 675
African Development Bank. See
Foreign Operations Appropriations
Instructions, FY 2006; Funding for
mines; International debt
forgiveness and international
financial institutions reform;
International Financial
Institutions Act
African Development Bank Act....... PL 97-35.............. 96
Bretton Woods Agreements Act PL 97-35 Sec 1335..... 97
applicability.
Capital stock subscription....... PL 97-35 Sec 1343..... 100
Director or alternate Director, PL 97-35 Sec 1334..... 97
allowances.
Effectiveness of agreement....... PL 97-35 Sec 1340..... 99
Federal Reserve banks as PL 97-35 Sec 1337..... 97
depositories.
Governor and alternate Governor.. PL 97-35 Sec 1333..... 96
Jurisdiction of U.S. courts...... PL 97-35 Sec 1339..... 98
Membership acceptance............ PL 97-35 Sec 1332..... 96
Restrictions..................... PL 97-35 Sec 1336..... 97
Securities issued as exempt, PL 97-35 Sec 1341..... 99
filing with Securities and
Exchange Commission.
Stock subscription............... PL 97-35 Sec 1338..... 98
African Development Fund. See also
International debt forgiveness and
international financial
institutions reform; International
Financial Institutions Act
Increased U.S. participation, use
of renewable resources for
energy production
Findings....................... PL 96-259 Sec 601..... 148
U.S. policies.................. PL 96-259 Sec 602..... 149
Replenishment of................. PL 100-461............ 144
Debt reduction for borrower PL 100-461 Sec 5...... 146
countries, partial guarantees
in connection with.
Improving access of small PL 100-461 Sec 12..... 147
businesses to World Bank
procurement, sense of Congress.
Policy based lending for debt PL 100-461 Sec 3...... 144
reduction.
World Bank policy based lending PL 100-461 Sec 4...... 146
limitations.
African Development Fund Act....... PL 94-302............. 101
Actions not to be taken without PL 94-302 Sec 205..... 102
authorization.
Bretton Woods Agreements Act PL 94-302 Sec 204..... 102
applicability.
Effectiveness of agreement....... PL 94-302 Sec 209..... 103
Federal Reserve banks as PL 94-302 Sec 206..... 102
depositories.
Fifth replenishment of resources, PL 94-302 Sec 215..... 105
U.S. contribution.
First replenishment of resources, PL 94-302 Sec 211..... 103
U.S. contribution.
Fourth replenishment of PL 94-302 Sec 214..... 105
resources, U.S. contribution.
Governor and alternate Governor.. PL 94-302 Sec 203..... 101
Jurisdiction of U.S. courts...... PL 94-302 Sec 208..... 102
Membership acceptance............ PL 94-302 Sec 202..... 101
Ninth replenishment of resources, PL 94-302 Sec 217..... 106
U.S. contribution.
African Development Fund Act--
Continued
Preventing loans or funds PL 94-302 Sec 210..... 103
utilization for countries
nullifying contracts or seizing
property of U.S. citizens.
Second replenishment of PL 94-302 Sec 212..... 104
resources, U.S. contribution.
Sixth replenishment of resources, PL 94-302 Sec 216..... 105
U.S. contribution.
Subscription payment............. PL 94-302 Sec 206..... 102
Tenth replenishment of resources, PL 94-302 Sec 218..... 106
U.S. contribution.
Third replenishment of resources, PL 94-302 Sec 213..... 104
U.S. contribution.
African Growth and Opportunity Act. PL 106-200............ 1078
See also AGOA Acceleration Act of
2004.
Harmonized Tariff Schedule
Products of countries Gen. note 16.......... 889
designated beneficiary
developing countries.
Implementation of................ PL 107-210 Sec 353.... 617
Apparel articles assembled from EO 13191 Sec 1........ 1105
fabrics or yarn not available
in commercial quantities.
Effective visa systems......... EO 13191 Sec 5........ 1106
Handloomed, handmade, and EO 13191 Sec 2........ 1105
folklore articles.
Interlinings................... EO 13191 Sec 3........ 1106
Penalties for transshipments... EO 13191 Sec 4........ 1106
Sub-Saharan Africa trade benefits
Apparel articles............... PL 106-200 Sec 112(b). 1089
Appropriations authorization... PL 106-200 Sec 113(d). 1095
Assistant United States Trade PL 106-200 Sec 117.... 1096
Representative for African
Affairs.
Customs procedures and PL 106-200 Sec 113(b). 1093
enforcement.
Customs service enforcement.... PL 106-200 Sec 113(c). 1094
Definitions.................... PL 106-200 Sec 112(e). 1092
Free trade agreements.......... PL 106-200 Sec 116.... 1095
Handloomed, handmade, folklore PL 106-200 Sec 112(b). 1089
articles and ethnic printed
fabrics.
Limitations on benefits........ PL 106-200 Sec 112(b). 1085
Preferential treatment......... PL 106-200 Sec 112(a). 1084
PL 106-200 Sec 113(a). 1092
Products covered............... PL 106-200 Sec 112(b). 1084
Protections against PL 106-200 Sec 113.... 1092
transshipment.
Quotas on textile and apparel PL 106-200 Sec 112(c). 1091
imports from Kenya and
Mauritius, treatment of.
Special rules.................. PL 106-200 Sec 112(b). 1086
PL 106-200 Sec 112(d). 1091
Treatment of textiles and PL 106-200 Sec 112.... 1084
apparel.
Sub-Saharan Africa trade policy
Eligibility requirements....... PL 106-200 Sec 104.... 1079
Findings....................... PL 106-200 Sec 102.... 1078
Political entities referred to. PL 106-200 Sec 107.... 1082
Reporting requirement.......... PL 106-200 Sec 106.... 1082
Statement of policy............ PL 106-200 Sec 103.... 1079
United States-Sub-Saharan PL 106-200 Sec 105.... 1080
Africa Trade and Economic
Cooperation Forum.
Agency for International
Development
AID credit guarantees to finance PL 102-549 Sec 307.... 680
capital projects, report.
Capital projects for poverty PL 102-549 Sec 303.... 678
alleviation and environmental
safety and sustainability.
Capital projects office.......... PL 102-549 Sec 302.... 677
Activities..................... PL 102-549 Sec 302(c). 678
Coordination................... PL 102-549 Sec 304.... 679
Agency for International
Development--Continued
Capital projects office--
Continued
Definitions.................... PL 102-549 Sec 308.... 680
Establishment of............... PL 102-549 Sec 302(a). 677
Funding for capital projects... PL 102-549 Sec 306.... 679
Purposes of.................... PL 102-549 Sec 302(b). 677
Reports on capital projects.... PL 102-549 Sec 305.... 679
Credit guarantees to finance PL 102-549 Sec 307.... 680
capital projects, report.
AGOA. See African Growth and
Opportunity Act
AGOA Acceleration Act of 2004...... PL 108-274............ 1097
Agricultural technical assistance PL 108-274 Sec 13..... 1103
Definition....................... PL 108-274 Sec 6...... 1100
Development study and capacity PL 108-274 Sec 9...... 1101
building.
Entries of apparel articles PL 108-274 Sec 8...... 1100
pursuant to the AGOA.
Findings......................... PL 108-274 Sec 2...... 1097
Interpretation of textile and PL 108-274 Sec 5...... 1100
apparel provisions, sense of
Congress.
Reciprocity and regional economic PL 108-274 Sec 4...... 1099
integration, sense of Congress.
Statement of policy.............. PL 108-274 Sec 3...... 1098
Trade advisory committee on PL 108-274 Sec 14..... 1104
Africa.
Trade capacity and ecotourism PL 108-274 Sec 10..... 1101
infrastructure.
Transportation, energy, PL 108-274 Sec 11..... 1103
agriculture, and
telecommunications
infrastructure.
Transportation facilitation...... PL 108-274 Sec 12..... 1103
Agricultural Adjustment Act
Import restrictions.............. PL 100-418 Sec 1211(c) 718
Agricultural commodities
Corn gluten, possible European PL 98-573 Sec 245..... 787
Community tariff action, sense
of Congress.
Countervailable subsidies PL 71-361 Sec 771B.... 573
calculation.
Export control exclusion......... PL 96-72 Sec 5(q)..... 1363
Export-Import Bank of the United PL 79-173 Sec 2(b).... 1236
States assistance.
Exports from beneficiary PL 93-618 Sec 506..... 403
developing countries.
Hogs and pork products from PL 98-573 Sec 250..... 789
Canada.
Honey, study on imports.......... PL 98-573 Sec 246..... 788
Principal trade negotiating PL 100-418 Sec 1101(b) 692
objectives.
Short supply export controls..... PL 96-72 Sec 7(g)..... 1380
Special trade rules.............. PL 71-361 Sec 771..... 559
Trade adjustment assistance, PL 106-200 Sec 408.... 653
report.
Trade consultations with Congress PL 106-200 Sec 409(c). 654
Trade negotiating objectives..... PL 106-200 Sec 409.... 653
United States-Canada Free-Trade
Agreement Implementation Act
Fresh fruits and vegetables, PL 100-449 Sec 301.... 999
special tariff provisions for.
Potato trade limitation PL 100-449 Sec 304(d). 1007
negotiation.
Agriculture. See also Farmers
Caribbean Basin agricultural PL 101-382 Sec 242.... 985
infrastructure support.
AID. See Agency for International
Development
Aid, Trade, and Competitiveness Act PL 102-549 Title III.. 677
of 1992.
AIDS
Enhanced HIPC Initiative, PL 95-118 Sec 1625.... 196
modification of.
HIV/AIDS pharmaceuticals......... EO 13155.............. 925
Policy......................... EO 13155 Sec 1........ 925
Rationale...................... EO 13155 Sec 2........ 925
AIDS--Continued
HIV/AIDS pharmaceuticals--
Continued
Scope.......................... EO 13155 Sec 3........ 926
Sub-Sahara Africa, effect on PL 106-200 Sec 105(e). 1081
workforce.
Air pollution
North American Development Bank PL 108-215 Sec 6...... 123
financing of projects, sense of
Congress.
Air transportation
Syria, prohibition of............ EO 13338 Sec 2........ 1623
Aircraft, civil
Condemnation of Cuban attack..... PL 104-114 Sec 116.... 1532
Waiver of discriminatory PL 96-39 Sec 303...... 834
purchasing requirements.
Alaska
Oil export study................. PL 99-64 Sec 126...... 1431
Albania
Normal trade relations........... PL 102-363............ 1192
PL 106-200 Sec 301.... 1178
Trade Act of 1974 waiver......... EO 12809.............. 1203
American Institute of Taiwan
Commercial personnel............. PL 100-418 Sec 2201... 1284
Andean region
Extension of trade benefits to... PL 101-382 Sec 243.... 986
Andean Trade Preference Act........ PL 102-182............ 960
Authority to grant duty-free PL 102-182 Sec 202.... 960
treatment.
Beneficiary country designation
Definitions.................... PL 102-182 Sec 203(a). 960
Eligibility for................ PL 102-182 Sec 203(b). 960
Factors affecting.............. PL 102-182 Sec 203(d). 962
Limitations on................. PL 102-182 Sec 203(c). 961
Reporting requirements......... PL 102-182 Sec 203(f). 964
Withdrawal or suspension of.... PL 102-182 Sec 203(e). 963
Eligible articles
Apparel and textile............ PL 102-182 Sec 204(b). 967
Articles that are not import- PL 102-182 Sec 204(b). 966
sensitive.
Bilateral emergency actions.... PL 102-182 Sec 204(b). 972
Certificate of Origin.......... PL 102-182 Sec 204(b). 974
Circumvention cooperation, PL 102-182 Sec 204(b). 974
report.
Customs procedures............. PL 102-182 Sec 204(b). 973
Definitions.................... PL 102-182 Sec 204(b). 974
Emergency relief with respect PL 102-182 Sec 204(d). 977
to perishable products.
Exceptions..................... PL 102-182 Sec 204(b). 966
Handloomed, handmade, and PL 102-182 Sec 204(b). 971
folklore.
Penalties for transshipment.... PL 102-182 Sec 204.... 965
PL 102-182 Sec 204(b). 971
Section 22 fees................ PL 102-182 Sec 204(e). 978
Special rules.................. PL 102-182 Sec 204(b). 970
Suspension of duty-free PL 102-182 Sec 204(c). 976
treatment.
Tariff-rate quotas............. PL 102-182 Sec 204(f). 978
Tuna........................... PL 102-182 Sec 204(b). 972
Harmonized Tariff Schedule
Products of countries Gen. note 11.......... 889
designated beneficiary
developing countries.
Rates of duty.................. Gen. note 3........... 879
International Trade Commission PL 102-182 Sec 206.... 978
reports on impact of.
Preferential treatment PL 102-182 Sec 208.... 979
termination.
Secretary of Labor impact study.. PL 102-182 Sec 207.... 979
Andean Trade Promotion and Drug PL 107-210............ 941
Eradication Act.
Findings......................... PL 107-210 Sec 3102... 941
Petitions for review............. PL 107-210 Sec 3103(d) 942
Termination...................... PL 107-210 Sec 3104... 942
Angola
Export-Import Bank of the United PL 79-173 Sec 2(b).... 1238
States, prohibition relating to.
U.S. business transactions in, PL 99-472............. 1636
policy toward.
Anguilla. See Caribbean Basin
Economic Recovery Act
Animal welfare
Dog and cat fur products, PL 71-361 Sec 308..... 419
importation prohibition.
Antidumping duties
Administrative review of
determinations
Changed circumstances, reviews PL 71-361 Sec 751(b).. 529
based on.
Correction of ministerial PL 71-361 Sec 751(h).. 535
errors.
Determination that basis for PL 71-361 Sec 751(f).. 534
suspension no longer exists.
Five-year review............... PL 71-361 Sec 751(c).. 530
Hearings....................... PL 71-361 Sec 751(e).. 534
Implementing results of PL 71-361 Sec 751(g).. 534
subsidies enforcement
proceeding.
Periodic review of amount of PL 71-361 Sec 751(a).. 527
duty.
Revocation of order or finding. PL 71-361 Sec 751(d).. 533
Termination of suspended PL 71-361 Sec 751(d).. 533
investigation.
Assessment of
Imposition of.................. PL 71-361 Sec 736(b).. 519
Publication of order........... PL 71-361 Sec 736(a).. 519
Security in lieu of estimated PL 71-361 Sec 736(c).. 520
duty pending early
determination.
Special rule for regional PL 71-361 Sec 736(d).. 522
industries.
Circumvention of orders, PL 71-361 Sec 781..... 602
prevention of.
Conditional payment.............. PL 71-361 Sec 738..... 523
Conduct of investigations and PL 71-361 Sec 782..... 606
administrative reviews.
Continued dumping and subsidy
offset
Definitions.................... PL 71-361 Sec 752(b).. 543
Distribution of duties......... PL 71-361 Sec 754(a).. 543
Distribution procedures........ PL 71-361 Sec 754(c).. 544
Parties eligible for PL 71-361 Sec 754(d).. 544
distribution of duties.
Special accounts............... PL 71-361 Sec 754(e).. 545
Difference between deposit of PL 71-361 Sec 737..... 522
estimated duty and final
assessment.
Final determinations
Administering authority........ PL 71-361 Sec 735(a).. 514
Affirmative determination PL 71-361 Sec 735(c).. 516
effect.
PL 71-361 Sec 735(c).. 518
Commission..................... PL 71-361 Sec 735(b).. 515
Correction of ministerial PL 71-361 Sec 735(e).. 519
errors.
Determining estimated all- PL 71-361 Sec 735(c).. 518
others rate.
Effect of...................... PL 71-361 Sec 735(c).. 516
Issuance of order.............. PL 71-361 Sec 735(c).. 517
Negative determination effect.. PL 71-361 Sec 735(c).. 517
Publication of notice of PL 71-361 Sec 735(d).. 518
determinations.
Imposition of.................... PL 71-361 Sec 731..... 497
Investigations................... PL 96-39 Sec 102...... 824
Administering authority........ PL 71-361 Sec 732(a).. 497
Information regarding critical PL 71-361 Sec 732(e).. 501
circumstances.
Notification to Commission of PL 71-361 Sec 732(d).. 501
determination.
Petition determination......... PL 71-361 Sec 732(c).. 499
Petition for................... PL 71-361 Sec 732(b).. 498
Antidumping duties--Continued
Investigation, termination or
suspension of
Cease export of merchandise PL 71-361 Sec 734(b).. 508
agreements.
Determination not to take PL 71-361 Sec 734(j).. 513
agreement into account.
Effects of..................... PL 71-361 Sec 734(f).. 510
Eliminating injurious efforts PL 71-361 Sec 734(c).. 508
agreements.
Eliminating sales at less than PL 71-361 Sec 734(b).. 508
fair value agreements.
Investigation to be continued PL 71-361 Sec 734(g).. 511
upon request.
Review of suspension........... PL 71-361 Sec 734(h).. 511
Rules and conditions........... PL 71-361 Sec 734(d).. 509
Special rule for nonmarket PL 71-361 Sec 734(l).. 513
economy countries.
Special rule for regional PL 71-361 Sec 734(m).. 513
industry investigations.
Suspension of investigation.... PL 71-361 Sec 734(e).. 509
Termination initiated by PL 71-361 Sec 734(k).. 513
administering authority.
Violation of agreement......... PL 71-361 Sec 734(i).. 512
Withdrawal of petition......... PL 71-361 Sec 734(a).. 507
Law enforcement.................. PL 100-418 Sec 1311... 723
Petitions by third countries..... PL 71-361 Sec 783..... 609
Preliminary determinations
Administering authority........ PL 71-361 Sec 733(b).. 502
PL 71-361 Sec 733(d).. 505
Commission of reasonable PL 71-361 Sec 733(a).. 502
indication of injury.
Critical circumstances......... PL 71-361 Sec 733(e).. 506
Extension of period in PL 71-361 Sec 733(c).. 504
extraordinarily complicated
cases.
Notice of...................... PL 71-361 Sec 733(f).. 507
Proceedings
Definitions.................... PL 71-361 Sec 516A(f). 459
Determinations involving free PL 71-361 Sec 516A(g). 460
trade area country
merchandise, binational panel
review.
Liquidation in accordance with PL 71-361 Sec 516A(e). 459
final decision.
Liquidation of entries......... PL 71-361 Sec 516A(c). 458
Review of determination........ PL 71-361 Sec 516A(a). 454
Standards of review............ PL 71-361 Sec 516A(b). 457
Standing....................... PL 71-361 Sec 516A(d). 459
Product categories for short life PL 71-361 Sec 739..... 523
cycle merchandise.
Repeal of old law................ PL 96-39 Sec 106...... 828
Requests for review of Canadian PL 100-449 Sec 408.... 1017
determinations.
Special rules for reviews
Determination of likelihood of PL 71-361 Sec 752(c).. 538
continuation or recurrence of
dumping.
Determination of likelihood of PL 71-361 Sec 752(a).. 535
continuation or recurrence of
material injury.
Third-country dumping............ PL 100-418 Sec 1317... 723
Antigua and Barbuda. See Caribbean
Basin Economic Recovery Act
Armenia
Normal trade relations
Termination of application of PL 108-429 Sec 2001... 1170
Title IV of the Trade Act of
1974.
Trade Act of 1974 waiver......... EO 12798.............. 1205
Arms embargo
Rwanda........................... EO 12918 Sec 1........ 1664
Aruba. See Caribbean Basin Economic
Recovery Act
Asian Development Bank. See also
Foreign Operations Appropriations
Instructions, FY 2006; Funding for
mines; International debt
forgiveness and international
financial institutions reform;
International Financial
Institutions Act
Increased U.S. participation, use
of renewable resources for
energy production
Findings....................... PL 96-259 Sec 601..... 148
U.S. policies.................. PL 96-259 Sec 602..... 149
Value of holdings maintained in PL 92-268 Sec 3....... 242
terms of gold.
Asian Development Bank Act......... PL 89-369............. 83
Actions not to be taken without PL 89-369 Sec 5....... 84
authorization.
Asian Development Fund, U.S. PL 89-369 Sec 23...... 89
contribution.
PL 89-369 Sec 24...... 89
PL 89-369 Sec 26...... 90
PL 89-369 Sec 28...... 91
PL 89-369 Sec 29...... 92
Capital stock increase........... PL 89-369 Sec 30...... 92
Capital stock subscription....... PL 89-369 Sec 20...... 88
PL 89-369 Sec 22...... 89
PL 89-369 Sec 27...... 91
Depositories..................... PL 89-369 Sec 6....... 84
Eighth replenishment of PL 89-369 Sec 32...... 93
resources, U.S. contribution.
Gonzalez amendment............... PL 89-369 Sec 18...... 87
Governor, alternate Governor, and PL 89-369 Sec 3....... 83
Director.
Illegal drug activity, and....... PL 89-369 Sec 19...... 88
Increased U.S. participation..... PL 96-259............. 148
Jurisdiction and venue of actions PL 89-369 Sec 8....... 85
Membership acceptance............ PL 89-369 Sec 2....... 83
Nullifying contracts or seizing PL 89-369 Sec 18...... 87
property of U.S. citizens, and.
Policies and operations of PL 89-369 Sec 4....... 84
representatives of the United
States, coordination of.
Securities issued as exempt, PL 89-369 Sec 11...... 86
filing with Securities and
Exchange Commission.
Securities issued as investment PL 89-369 Sec 10...... 85
securities for national banks.
Special funds, U.S. contribution. PL 89-369 Sec 21...... 89
PL 89-369 Sec 31...... 93
Status, immunities and privileges PL 89-369 Sec 9....... 85
Subscription payment............. PL 89-369 Sec 7....... 84
Taiwan, membership retention, PL 89-369 Sec 25...... 90
sense of Congress.
United States Special Resources
Appropriations authorization... PL 89-369 Sec 17...... 87
Letters of credit.............. PL 89-369 Sec 14...... 87
PL 89-369 Sec 15...... 87
Right to withdraw resources.... PL 89-369 Sec 16...... 87
U.S. contribution.............. PL 89-369 Sec 12...... 86
Uses for....................... PL 89-369 Sec 13...... 86
ATPA. See Andean Trade Preference
Act
ATPDEA. See Andean Trade Promotion
and Drug Eradication Act
Australia Free Trade Agreement
Implementation Act. See United
States-Australia Free Trade
Agreement Implementation Act
Automobiles
Trade barriers established by PL 100-418 Sec 1936... 743
auto producing countries and
impact on U.S. market.
Automotive parts
Fair Trade in Auto Parts Act of PL 100-418............ 1282
1988.
Definition..................... PL 100-418 Sec 2122... 1282
Expiration..................... PL 100-418 Sec 2125... 1284
Japan.......................... PL 100-418 Sec 2123... 1282
PL 100-418 Sec 2124... 1283
Fair Trade in Automotive Parts PL 105-261............ 1271
Act of 1998.
Definitions.................... PL 105-261 Sec 3802... 1271
Sales to Japan, re- PL 105-261 Sec 3803... 1271
establishment of initiative.
Special Advisory Committee on PL 105-261 Sec 3804... 1272
sales in Japanese and other
Asian markets.
United States-Canada Free-Trade PL 100-449 Sec 304(c). 1007
Agreement Implementation Act
negotiating objectives.
Azerbaijan
Trade Act of 1974 waiver......... EO 12809.............. 1203
B
Bahamas. See Caribbean Basin
Economic Recovery Act
Bahrain Free Trade Agreement
Implementation Act. See United
States-Bahrain Free Trade
Agreement Implementation Act.
Balance of payments improvement
Appropriations authorization..... PL 90-390 Sec 3....... 1333
Defense articles exception....... PL 90-390 Sec 5....... 1333
Limitation of powers............. PL 90-390 Sec 4....... 1333
Losses........................... PL 90-390 Sec 2....... 1332
Policy........................... PL 90-390 Sec 1....... 1332
Balkans. See Western Balkans
Baltic States
Export-Import Bank trade finance, PL 102-429 Sec 120.... 1277
report.
Bank Export Services Act
Guarantees for export accounts PL 97-290 Sec 206..... 812
receivable and inventory.
Investments in export trading PL 97-290 Sec 205..... 812
companies, report.
Purpose of....................... PL 97-290 Sec 202..... 811
Bank for Economic Cooperation and PL 104-208............ 124
Development in the Middle East and
North Africa Act.
Middle East Development Bank
Bretton Woods Agreements Act PL 104-208 Sec 704.... 124
applicability.
Effectiveness of agreement..... PL 104-208 Sec 708.... 125
Federal Reserve banks as PL 104-208 Sec 705.... 124
depositories.
Governor and alternate Governor PL 104-208 Sec 703.... 124
Jurisdiction and venue of PL 104-208 Sec 707.... 125
actions.
Membership acceptance.......... PL 104-208 Sec 702.... 124
Securities issued as exempt.... PL 104-208 Sec 709.... 126
Bank for Economic Cooperation and
Development in the Middle East and
North Africa Act--Continued
Middle East Development Bank--
Continued
Stock subscription............. PL 104-208 Sec 706.... 125
Technical amendments........... PL 104-208 Sec 710.... 126
Barbados. See Caribbean Basin
Economic Recovery Act
Beef products
Duty-free treatment under PL 98-67 Sec 213(c)... 1044
Caribbean Basin Economic
Recovery Act.
Belarus
Trade Act of 1974 waiver......... EO 13220.............. 1201
Belize. See Caribbean Basin
Economic Recovery Act
Beneficiary developing countries
Agricultural exports of.......... PL 93-618 Sec 506..... 403
Congressional notification....... PL 93-618 Sec 502(f).. 396
Countries ineligible for PL 93-618 Sec 502(b).. 393
designation.
Definitions...................... PL 93-618 Sec 507..... 404
Designation authority............ PL 93-618 Sec 502(a).. 393
Designation of sub-Saharan PL 93-618 Sec 506A.... 403
African countries for certain
benefits.
Eligible articles designation.... PL 93-618 Sec 503..... 397
Factors affecting country PL 93-618 Sec 502(c).. 395
designation.
Mandatory graduation of.......... PL 93-618 Sec 502(e).. 396
Products of
African Growth and Opportunity Gen. note 16.......... 889
Act.
Andean Trade Preference Act.... Gen. note 11.......... 889
Caribbean Basin Economic Gen. note 7........... 888
Recovery Act.
Generalized System of Gen. note 4........... 884
Preferences.
United States-Caribbean Basin Gen. note 17.......... 890
Trade Partnership Act of 2000.
Report........................... PL 93-618 Sec 504..... 402
Review........................... PL 93-618 Sec 504..... 402
Termination of benefits for sub- PL 93-618 Sec 506B.... 404
Saharan African countries.
Withdrawal, suspension, or PL 93-618 Sec 502(d).. 396
limitation of country
designation.
Bicycle industry
Foreign trade zone status........ PL 98-573 Sec 231..... 786
Biological weapons. See also
Chemical and biological weapons
Export controls.................. PL 96-72 Sec 6(m)..... 1372
Bipartisan Trade Promotion PL 107-210............ 617
Authority Act of 2002.
Committee staff.................. PL 107-210 Sec 2109... 645
Congressional Oversight Group
Guidelines..................... PL 107-210 Sec 2107(b) 644
Members and functions.......... PL 107-210 Sec 2107(a) 643
Request for meeting............ PL 107-210 Sec 2107(c) 644
Consultations and assessment
Advisory committee reports..... PL 107-210 Sec 2104(e) 638
Agriculture negotiations....... PL 107-210 Sec 2104(b) 634
Consultation with Congress PL 107-210 Sec 2104(d) 636
before agreements entered into.
Fishing industry negotiations.. PL 107-210 Sec 2104(b) 636
International Trade Commission PL 107-210 Sec 2104(f) 638
assessment.
Notice and consultation before PL 107-210 Sec 2104(a) 634
negotiation.
Special consultations on import PL 107-210 Sec 2104(b) 635
sensitive products.
Textiles negotiations.......... PL 107-210 Sec 2104(c) 636
Definitions...................... PL 107-210 Sec 2113... 646
Bipartisan Trade Promotion
Authority Act of 2002--Continued
Findings......................... PL 107-210 Sec 2101... 617
Impact of trade promotion PL 107-210 Sec 2111... 646
authority, report.
Implementation and enforcement PL 107-210 Sec 2108... 645
requirements.
Implementation of trade
agreements
Disclosure of commitments...... PL 107-210 Sec 2105(a) 640
Limitations on trade PL 107-210 Sec 2105(b) 640
authorities procedures.
Notification and submission.... PL 107-210 Sec 2105(a) 639
Procedures for considering PL 107-210 Sec 2105(b) 641
resolutions.
Reciprocal benefits............ PL 107-210 Sec 2105(a) 640
Rules of House of PL 107-210 Sec 2105(c) 642
Representatives and Senate.
Supporting information......... PL 107-210 Sec 2105(a) 639
Small business interest.......... PL 107-210 Sec 2112... 646
Trade agreements authority
Aggregate reduction............ PL 107-210 Sec 2103(a) 630
Agreements regarding tariff and PL 107-210 Sec 2103(a) 629
nontariff barriers.
PL 107-210 Sec 2103(b) 631
Authority under Uruguay Round PL 107-210 Sec 2103(a) 631
Agreements Act not affected.
Bills qualifying for trade PL 107-210 Sec 2103(b) 631
authorities procedures.
Commencement of negotiations... PL 107-210 Sec 2103(d) 633
Exemption from staging......... PL 107-210 Sec 2103(a) 630
Extension disapproval process PL 107-210 Sec 2103(c) 632
for Congressional trade
authorities procedures.
Extension disapproval PL 107-210 Sec 2103(c) 633
resolutions.
Limitations.................... PL 107-210 Sec 2103(a) 630
Reports........................ PL 107-210 Sec 2103(c) 632
Rounding....................... PL 107-210 Sec 2103(a) 630
Trade negotiating objectives
Adherence to obligations under PL 107-210 Sec 2102(e) 629
Uruguay Round Agreements.
Anti-corruption................ PL 107-210 Sec 2102(b) 621
Border taxes................... PL 107-210 Sec 2102(b) 627
Child labor.................... PL 107-210 Sec 2102(b) 627
Consultations.................. PL 107-210 Sec 2102(d) 628
Dispute settlement and PL 107-210 Sec 2102(b) 625
enforcement.
Electronic commerce............ PL 107-210 Sec 2102(b) 622
Improvement of World Trade PL 107-210 Sec 2102(b) 622
Organization and multilateral
trade agreements.
Intellectual property.......... PL 107-210 Sec 2102(b) 620
Labor and the environment...... PL 107-210 Sec 2102(b) 625
Objectives..................... PL 107-210 Sec 2102(a) 618
PL 107-210 Sec 2102(b) 619
Promotion of certain priorities PL 107-210 Sec 2102(c) 627
Reciprocal trade in agriculture PL 107-210 Sec 2102(b) 623
Regulatory practices........... PL 107-210 Sec 2102(b) 622
Textile negotiations........... PL 107-210 Sec 2102(b) 627
Trade remedy laws.............. PL 107-210 Sec 2102(b) 626
Transparency................... PL 107-210 Sec 2102(b) 621
WTO extended negotiations...... PL 107-210 Sec 2102(b) 626
Treatment of trade agreements for PL 107-210 Sec 2106... 642
which negotiations have begun.
Bolivia. See Andean Trade
Preference Act
Border Environment Cooperation EO 12916.............. 1065
Commission and the North American
Development Bank Agreement.
Cooperation promotion............ EO 12916 Sec 2(c)..... 1065
Finance Committee................ EO 12916 Sec 6........ 1066
Border Environment Cooperation
Commission and the North American
Development Bank Agreement--
Continued
Finance Committee--Continued
EO 12916 Sec 7........ 1066
EO 12916 Sec 8........ 1067
EO 12916 Sec 9........ 1067
Good Neighbor Environmental Board EO 12916 Sec 10....... 1067
Intention of order............... EO 12916 Sec 11....... 1067
Interagency coordination......... EO 12916 Sec 2(b)..... 1065
Project loans, guarantees or EO 12916 Sec 3(b)..... 1066
grants.
EO 12916 Sec 3(c)..... 1066
EO 12916 Sec 3(d)..... 1066
Secretary of Treasury functions.. EO 12916 Sec 4........ 1066
EO 12916 Sec 5........ 1066
U.S. representation.............. EO 12916 Sec 2(a)..... 1065
EO 12916 Sec 3(a)..... 1065
Border Environmental Cooperation
Commission
Agreement on..................... PL 103-182 Sec 533.... 958
Bretton Woods Agreements Act....... PL 79-171............. 3
Actions not to be taken without PL 79-171 Sec 5....... 7
authorization.
Adverse social and environmental PL 79-171 Sec 55...... 30
impacts, alleviating potential
for.
African Development Bank PL 97-35 Sec 1335..... 97
applicability.
African Development Fund Act PL 94-302 Sec 204..... 102
applicability.
Agricultural export subsidies, PL 79-171 Sec 44...... 24
elimination of.
Amendment acceptance............. PL 79-171 Sec 24...... 15
PL 79-171 Sec 57...... 31
Capital stock increase........... PL 79-171 Sec 16(b)... 12
PL 79-171 Sec 19...... 14
PL 79-171 Sec 23...... 14
PL 79-171 Sec 27...... 15
PL 79-171 Sec 39...... 20
PL 79-171 Sec 51...... 28
PL 79-171 Sec 52...... 28
PL 79-171 Sec 53...... 29
Communist dictatorships, PL 79-171 Sec 43...... 23
instructions to United States
Executive Director involving
credit to.
Debt reductions for the poorest PL 79-171 Sec 62...... 34
countries, approval of
contributions for.
Depositories..................... PL 79-171 Sec 6....... 8
Economic adjustment programs..... PL 79-171 Sec 45...... 24
European Bank for Reconstruction PL 101-513 Sec 562.... 108
and Development applicability.
Exchange rate stability, PL 79-171 Sec 40...... 21
promoting conditions for.
Foreign governments in default, PL 79-171 Sec 9....... 10
financial transactions with.
Fund bailouts of banks, opposing. PL 79-171 Sec 46...... 26
Fund policy changes.............. PL 79-171 Sec 59...... 31
Governors, Executive Directors, PL 79-171 Sec 3....... 4
and alternates, appointment of.
IMF interest rates............... PL 79-171 Sec 48...... 27
IMF lending, principles for...... PL 79-171 Sec 63...... 35
Increasing productive PL 79-171 Sec 59...... 32
participation of the poor.
Information, obtaining and PL 79-171 Sec 8....... 9
furnishing.
Information on monetary and PL 79-171 Sec 42...... 22
financial problems, sense of
Congress.
Inter-American Investment PL 98-473 Sec 204..... 79
Corporation applicability.
Bretton Woods Agreements Act--
Continued
Interest Subsidy Account of the PL 79-171 Sec 54...... 29
Enhanced Structural Adjustment
Facility of the International
Monetary Fund, contribution to.
International cooperation........ PL 79-171 Sec 47...... 26
International economic relations,
promotion of
Debt rescheduling, PL 79-171 Sec 29...... 16
comparability of treatment
policy.
Dollar-Special Drawing Rights PL 79-171 Sec 35...... 19
substitution account, sense of
Congress.
Economic adjustment programs... PL 79-171 Sec 33...... 17
El Salvador and Nicaragua, PL 79-171 Sec 38...... 20
assistance to, sense of
Congress.
Exempted securities............ PL 79-171 Sec 15...... 12
Palestine Liberation PL 79-171 Sec 37...... 19
Organization, denial of
membership in the Fund.
Purchases of currencies or gold PL 79-171 Sec 18...... 14
by the United States from the
International Monetary Fund,
use of.
Reports........................ PL 79-171 Sec 34...... 19
Special Drawing Rights......... PL 79-171 Sec 17...... 13
Stabilization programs PL 79-171 Sec 30...... 16
consultation.
Supplementary Financing PL 79-171 Sec 28...... 15
Facility participation.
Taiwan, membership in the Fund, PL 79-171 Sec 36...... 19
sense of Congress.
International Finance PL 79-171 Sec 21...... 14
Corporation, loans to.
Jurisdiction and venue of actions PL 79-171 Sec 10...... 10
Medium-term financing, PL 79-171 Sec 63...... 35
limitations on.
Membership acceptance............ PL 79-171 Sec 2....... 4
Middle East Development Bank PL 104-208 Sec 704.... 124
applicability.
Military spending by developing PL 79-171 Sec 60...... 33
nations, reduction of.
Misreporting of information...... PL 79-171 Sec 63...... 35
Multilateral Investment Guarantee PL 100-202 Sec 408.... 58
Agency applicability.
National Advisory Council on PL 79-171 Sec 4....... 5
International Monetary and
Financial Problems,
establishment of.
North American Development Bank PL 103-182 Sec 541(d). 114
applicability.
Policy audits.................... PL 79-171 Sec 59...... 32
Premium pricing.................. PL 79-171 Sec 63...... 35
Public access to information..... PL 79-171 Sec 59...... 32
Quota increase................... PL 79-171 Sec 16(a)... 12
PL 79-171 Sec 20...... 14
PL 79-171 Sec 22...... 14
PL 79-171 Sec 25...... 15
PL 79-171 Sec 32...... 17
PL 79-171 Sec 41...... 22
PL 79-171 Sec 56...... 30
PL 79-171 Sec 61...... 34
Reserve Account of the Enhanced PL 79-171 Sec 58...... 31
Structural Adjustment Facility
Trust, pledge to sell gold to
provide resources for.
Short-term balance of payments PL 79-171 Sec 63...... 35
financing.
Stabilization loans by the Bank.. PL 79-171 Sec 12...... 11
Stabilization operations by the PL 79-171 Sec 13...... 11
Fund.
Status, immunities and privileges PL 79-171 Sec 11...... 10
Subscriptions payment............ PL 79-171 Sec 7....... 8
Trade provisions................. PL 79-171 Sec 49...... 27
Bretton Woods Agreements Act--
Continued
U.S. policy...................... PL 79-171 Sec 14...... 11
Vote against establishment of a PL 79-171 Sec 26...... 15
Council.
Bretton Woods Agreements Act PL 95-435............. 39
Amendments, 1978.
Congressional reaffirmation of PL 95-435 Sec 7....... 40
budget outlays.
Genocide, U.S. disassociation PL 95-435 Sec 5....... 39
from foreign governments
engaging in, sense of Congress.
Terrorists, opposition to PL 95-435 Sec 6....... 39
financial or technical
assistance to any country
permitting entry or failing to
prevent acts.
Bretton Woods Agreements Act PL 96-389............. 37
Amendments, 1980.
Fund salaries, level of.......... PL 96-389 Sec 9....... 37
Gold, role in international PL 96-389 Sec 10...... 38
monetary systems.
Recycling balance-of-payments PL 96-389 Sec 4....... 37
surpluses, sense of Congress.
Travel costs, minimizing......... PL 96-389 Sec 9....... 37
Broadcasting, international
Cuba, television broadcasting to. PL 104-114 Sec 107.... 1526
International Anti-Bribery and
Fair Competition Act of 1998
Organizations providing PL 105-366 Sec 5...... 1754
commercial communications
services, treatment of.
United States-China Relations Act
of 2000
Capital improvements and PL 106-286 Sec 701.... 1158
operations, appropriations
authorizations.
Brothers to the Rescue
Condemnation of Cuban attack PL 104-114 Sec 116.... 1532
against aircraft.
Bulgaria
Most-favored-nation treatment
Findings and supplemental PL 104-162 Sec 1...... 1187
action.
Termination of application of PL 104-162 Sec 2...... 1188
Title IV of the Trade Act of
1974.
Trade Act of 1974 waiver......... EO 12745.............. 1208
Burma
Economic sanctions against....... EO 13310.............. 1652
PL 101-382 Sec 138.... 1650
PL 104-208 Sec 570.... 1647
Burmese Freedom and Democracy Act PL 108-61............. 1640
of 2003.
Ban against trade supporting PL 108-61 Sec 3....... 1641
military regime.
Condemnation of regime........... PL 108-61 Sec 7....... 1644
Democracy activists, support for. PL 108-61 Sec 8....... 1644
Dissemination of information..... PL 108-61 Sec 7....... 1644
Findings......................... PL 108-61 Sec 2....... 1640
Freezing assets of regime in PL 108-61 Sec 4....... 1643
United States.
International financial PL 108-61 Sec 5....... 1643
institutions loans.
Sanctions, duration of........... PL 108-61 Sec 9....... 1645
Visa ban, expansion of........... PL 108-61 Sec 6....... 1643
Business capital assistance
Benefit information for PL 101-510 Sec 4304... 1314
businesses.
Export financing for goods and
services produced by former
defense production firms
Coordination with other PL 101-510 Sec 4303(c) 1312
agencies.
Export-Import Bank............. PL 101-510 Sec 4303(a) 1312
Report......................... PL 101-510 Sec 4303(d) 1314
Business capital assistance--
Continued
Export financing for goods and
services produced by former
defense production firms--
Continued
Small Business Act use of PL 101-510 Sec 4303(a) 1312
authority.
Byelarus
Trade Act of 1974 waiver......... EO 12802.............. 1204
C
CAFTA. See Dominican Republic-
Central America-United States Free
Trade Agreement Implementation Act
California
North American Development Bank PL 108-215 Sec 4...... 122
projects financing water
conservation in the southern
California area, sense of
Congress.
Cambodia
Most-favored-nation treatment
Findings....................... PL 104-203 Sec 1...... 1183
Nondiscriminatory treatment, PL 104-203 Sec 2...... 1183
extension of.
Report......................... PL 104-203 Sec 3...... 1184
Canada
Binational panel review of PL 71-361 Sec 516A(g). 460
countervailing and antidumping
duty proceedings.
Canadian Customs and Revenue
Agency
Integrated Border Inspection PL 108-429 Sec 1560(b) 611
Areas creation.
Hogs and pork products imported PL 98-573 Sec 250..... 789
from.
Trade relations with, sense of PL 93-618 Sec 612..... 410
Congress.
Canada Free-Trade Agreement. See
United States-Canada Free-Trade
Agreement
Canada Free Trade Agreement
Implementation Act of 1988. See
United States-Canada Free Trade
Agreement Implementation Act of
1988
Canadian Customs and Revenue Agency
Integrated Border Inspection PL 108-429 Sec 1560(b) 611
Areas creation.
Caribbean Basin Economic Recovery PL 98-67.............. 1023
Act.
Duty-free treatment
Apparel articles assembled from PL 98-67 Sec 213(b)... 1036
fabrics or yarn not available
in commercial quantities.
Apparel articles assembled in PL 98-67 Sec 213(b)... 1038
beneficiary countries from
United States and beneficiary
country components.
Authority to grant............. PL 98-67 Sec 211...... 1024
Beef products.................. PL 98-67 Sec 213(c)... 1044
Beneficiary countries.......... PL 98-67 Sec 212...... 1024
Bilateral emergency actions.... PL 98-67 Sec 213(b)... 1039
Caribbean Trade Institute, PL 98-67 Sec 217...... 1051
feasibility study.
Center for the Study of Western PL 98-67 Sec 219...... 1051
Hemispheric Trade.
Certificate of Origin.......... PL 98-67 Sec 213(b)... 1041
Circumvention cooperation, PL 98-67 Sec 213(b)... 1041
report.
Customs procedures............. PL 98-67 Sec 213(b)... 1041
De minimis rule................ PL 98-67 Sec 213(b)... 1037
Definitions.................... PL 98-67 Sec 213(b)... 1042
Development of procedure to PL 98-67 Sec 213(b)... 1035
ensure compliance.
Caribbean Basin Economic Recovery
Act--Continued
Duty-free treatment--Continued
Eligible articles.............. PL 98-67 Sec 213...... 1029
Fees........................... PL 98-67 Sec 213(g)... 1048
Filing import injury petitions. PL 98-67 Sec 213(f)... 1047
Handloomed, handmade, and PL 98-67 Sec 213(b)... 1036
folklore articles.
PL 98-67 Sec 213(b)... 1039
Import-sensitive articles...... PL 98-67 Sec 213(b)... 1031
International Trade Commission PL 98-67 Sec 215...... 1050
reports.
Limitation..................... PL 98-67 Sec 213(b)... 1035
Penalties for transshipments... PL 98-67 Sec 213(b)... 1039
Preferential treatment......... PL 98-67 Sec 213(b)... 1039
Puerto Rico and United States PL 98-67 Sec 214...... 1049
insular possessions, measures
for.
Rate reductions................ PL 98-67 Sec 213(h)... 1048
Secretary of Labor, impact PL 98-67 Sec 216...... 1051
study.
Special origin rule............ PL 98-67 Sec 213(b)... 1038
Special rules.................. PL 98-67 Sec 213(b)... 1037
PL 98-67 Sec 213(b)... 1042
Sugar products................. PL 98-67 Sec 213(c)... 1044
Suspension of.................. PL 98-67 Sec 213(e)... 1046
Tariff-rate quotas............. PL 98-67 Sec 213(d)... 1046
Textile luggage................ PL 98-67 Sec 213(b)... 1038
Transition period treatment of PL 98-67 Sec 213(b)... 1040
articles originating in
beneficiary countries.
Transition period treatment of PL 98-67 Sec 213(b)... 1032
textile and apparel articles.
Harmonized Tariff Schedule
Products of countries Gen. note 7........... 888
designated beneficiary
developing countries.
Rates of duty.................. Gen. note 3........... 879
Tax provisions
Caribbean Basin tax havens, PL 98-67 Sec 223...... 1054
report.
Sugar imports, sense of PL 98-67 Sec 231...... 1054
Congress.
Caribbean Basin Economic Recovery PL 101-382............ 981
Expansion Act of 1990.
Agricultural infrastructure PL 101-382 Sec 242.... 985
support.
Andean region, extension of trade PL 101-382 Sec 243.... 986
benefits to.
Application in Eastern Caribbean PL 101-382 Sec 216.... 981
area.
Findings......................... PL 101-382 Sec 202.... 981
Nicaragua, trade benefits for.... PL 101-382 Sec 241.... 985
Pilot preclearance program....... PL 101-382 Sec 233.... 984
Scholarships to Caribbean and PL 101-382 Sec 231.... 982
Central American students,
cooperative public and private
sector program.
Tourism promotion................ PL 101-382 Sec 232.... 983
Caribbean Basin Initiative
Findings and intent.............. PL 100-418 Sec 1909... 740
Caribbean Basin Trade Partnership PL 106-200............ 944
Act.
Definitions...................... PL 106-200 Sec 203.... 945
Findings......................... PL 106-200 Sec 201(a). 944
Harmonized Tariff Schedule
Products of countries Gen. note 17.......... 890
designated beneficiary
developing countries.
Implementation................... EO 13191.............. 1072
Meetings of trade ministers and PL 106-200 Sec 213.... 945
the United States Trade
Representative.
Policy........................... PL 106-200 Sec 201(b). 945
Caribbean region
Increase in Inter-American PL 86-147 Sec 36...... 77
Development Bank lending.
Multilateral Investment Fund PL 86-147 Sec 38...... 78
focus on low-income areas of.
Caribbean Trade Institute
Feasibility study................ PL 98-67 Sec 217...... 1051
Cayman Islands. See Caribbean Basin
Economic Recovery Act
Center for the Study of Western
Hemispheric Trade
Appropriations authorization..... PL 103-182 Sec 515.... 956
Consultation and selection PL 98-67 Sec 219(c)... 1052
criteria.
Definitions...................... PL 98-67 Sec 219(e)... 1053
Duration of grant................ PL 98-67 Sec 219(g)... 1053
Establishment of................. PL 98-67 Sec 219(a)... 1051
Fees for seminars and PL 98-67 Sec 219(f)... 1053
publications.
Programs and activities.......... PL 98-67 Sec 219(d)... 1052
Report........................... PL 98-67 Sec 219(h)... 1053
Scope of......................... PL 98-67 Sec 219(b)... 1052
Central America
Scholarships to students, PL 101-382 Sec 231.... 982
cooperative public and private
sector program.
Central America-United States Free
Trade Agreement Implementation
Act. See Dominican Republic-
Central America-United States Free
Trade Agreement Implementation Act
Central Bank of Iraq
Protection of.................... EO 13364.............. 1589
Central Europe
Export-Import Bank trade finance, PL 102-429 Sec 120.... 1277
report.
Chemical and biological weapons
Export controls.................. PL 96-72 Sec 6(m)..... 1372
Proliferation sanctions
Consultations with foreign PL 96-72 Sec 11C(b)... 1409
governments.
Definition of foreign person... PL 96-72 Sec 11C(f)... 1411
Description of................. PL 96-72 Sec 11C(c)... 1409
Exceptions..................... PL 96-72 Sec 11C(c)... 1410
Imposition of.................. PL 96-72 Sec 11C(a)... 1408
Termination of................. PL 96-72 Sec 11C(d)... 1410
Waiver......................... PL 96-72 Sec 11C(e)... 1410
Child labor
Indentured child labor EO 13126.............. 920
prohibition.
Trade negotiating objectives..... PL 107-210 Sec 2102(b) 627
Chile Free Trade Agreement. See
United States-Chile Free Trade
Agreement
Chile Free Trade Agreement
Implementation Act. See United
States-Chile Free Trade Agreement
Implementation Act
China
Market orientation study......... PL 100-418 Sec 1336(a) 724
China, People's Republic of
Action in response to trade PL 93-618 Sec 422..... 389
diversion.
Congressional-Executive
Commission on
Appropriations authorization... PL 106-286 Sec 307.... 1150
Appropriations expenditure..... PL 106-286 Sec 305.... 1150
Establishment of............... PL 106-286 Sec 301.... 1146
Functions...................... PL 106-286 Sec 302.... 1146
Membership..................... PL 106-286 Sec 303.... 1149
Printing and binding costs..... PL 106-286 Sec 309.... 1151
Staff.......................... PL 106-286 Sec 308.... 1150
Subpoenas issuance and PL 106-286 Sec 306.... 1150
administration of oaths.
Votes of....................... PL 106-286 Sec 304.... 1150
Witness testimony and PL 106-286 Sec 306.... 1150
production of evidence.
Export-import program PL 101-240 Sec 103.... 128
prohibitions.
Most-favored-nation treatment
Conditions for renewal......... EO 12850.............. 1189
China, People's Republic of--
Continued
Normal trade relations
Termination of application of PL 106-286 Sec 101.... 1176
Chapter 1 of Title IV of the
Trade Act of 1974.
Opposition to loans or extension PL 101-240 Sec 604.... 136
of financial and technical
assistance, sense of Congress.
Trade Act of 1974 waiver. See EO 12167.............. 1212
also individual country.
Trade agreements with............ PL 93-618 Sec 421(j).. 387
United States-China Relations Act PL 106-286............ 1142
of 2000.
Administrative authorities..... PL 106-286 Sec 512.... 1157
Appropriations authorization... PL 106-286 Sec 514.... 1157
Broadcasting capital PL 106-286 Sec 701(a). 1158
improvements, appropriations
authorizations.
Commercial and labor rule of PL 106-286 Sec 511.... 1156
law development assistance.
Definitions.................... PL 106-286 Sec 204.... 1145
Findings....................... PL 106-286 Sec 202.... 1142
Human rights abuses prohibition PL 106-286 Sec 513.... 1157
International broadcasting PL 106-286 Sec 701(b). 1158
operations, appropriations
authorizations.
Policy......................... PL 106-286 Sec 203.... 1144
Taiwan, accession to the World PL 106-286 Sec 601.... 1158
Trade Organization.
Task force on prohibition of PL 106-286 Title V.... 1154
importation of products of
forced or prison labor.
WTO commitments................ PL 106-286 Title IV... 1152
China, People's Republic of,
Congressional-Executive Commission
on
Appropriations authorization..... PL 106-286 Sec 307.... 1150
Establishment of................. PL 106-286 Sec 301.... 1146
Expenditure of appropriations.... PL 106-286 Sec 305.... 1150
Functions of..................... PL 106-286 Sec 302.... 1146
Membership of.................... PL 106-286 Sec 303.... 1149
Printing and binding costs....... PL 106-286 Sec 309.... 1151
Staff............................ PL 106-286 Sec 308.... 1150
Subpoenas issuance and PL 106-286 Sec 306.... 1150
administration of oaths.
Votes of......................... PL 106-286 Sec 304.... 1150
Witness testimony and production PL 106-286 Sec 306.... 1150
of evidence.
Civil aircraft
Condemnation of Cuban attack..... PL 104-114 Sec 116.... 1532
Effect of Export Administration PL 96-72 Sec 17(c).... 1422
Act of 1979.
Waiver of discriminatory PL 96-39 Sec 303...... 834
purchasing requirements.
Clarification of Normal Trade PL 105-206............ 668
Relations.
Findings and policy.............. PL 105-206 Sec 5003(a) 668
Savings provisions............... PL 105-206 Sec 5003(c) 669
Clean Diamond Trade Act............ PL 108-19............. 1674
Definitions...................... PL 108-19 Sec 3....... 1675
Enforcement...................... PL 108-19 Sec 8....... 1678
Findings......................... PL 108-19 Sec 2....... 1674
GAO report....................... PL 108-19 Sec 13...... 1680
Implementation of
Assignment of functions........ EO 13312 Sec 2........ 1682
Definitions.................... EO 13312 Sec 4........ 1682
General provisions............. EO 13312 Sec 5........ 1682
Prohibitions................... EO 13312 Sec 1........ 1681
Importing and exporting PL 108-19 Sec 6....... 1677
authorities.
Kimberley Process Implementation PL 108-19 Sec 11...... 1679
Coordinating Committee.
Clean Diamond Trade Act--Continued
Regulatory authority............. PL 108-19 Sec 5....... 1677
Reports.......................... PL 108-19 Sec 12...... 1679
Rough diamonds, measures for PL 108-19 Sec 4....... 1677
importation and exportation of.
Sense of Congress................ PL 108-19 Sec 10...... 1678
Statement of policy.............. PL 108-19 Sec 7....... 1678
Technical assistance............. PL 108-19 Sec 9....... 1678
Coffee
International Coffee Agreement PL 96-599............. 1734
Act of 1980.
Definition..................... PL 96-599 Sec 3....... 1735
Extension of................... PL 100-418 Sec 1123... 710
Presidential powers and duties. PL 96-599 Sec 2....... 1734
PL 96-599 Sec 4....... 1735
Protection of interests of U.S. PL 96-599 Sec 4....... 1735
consumers.
Remedial action................ PL 96-599 Sec 4....... 1735
Report......................... PL 96-599 Sec 5....... 1735
Colombia. See Andean Trade
Preference Act
Commerce, Department of
Cuban Democracy Act EO 12854 Sec 4........ 1565
implementation.
Export Trade, Office of.......... PL 97-290 Sec 104..... 811
International trade functions.... RP No. 3 of 1979 Sec 2 894
United States Commercial Centers PL 102-549 Sec 401(g). 681
facilities relationship to
operations in host countries.
Commercial Centers. See United
States Commercial Centers
Commercial Service Officers
Increases in certain countries... PL 102-549 Sec 701.... 683
Committee on Foreign Investment in EO 11858.............. 1714
the United States.
Authorities...................... EO 11858 Sec 3........ 1715
EO 11858 Sec 8........ 1716
Confidentiality.................. EO 11858 Sec 5........ 1716
Effect of order.................. EO 11858 Sec 6........ 1716
Establishment of................. EO 11858 Sec 1........ 1714
Investigations................... EO 11858 Sec 7........ 1716
Report........................... EO 11858 Sec 7........ 1716
Responsibilities................. EO 11858 Sec 2........ 1715
EO 11858 Sec 4........ 1716
Commodities. See also Agricultural
commodities; specific commodities
by name
Opposition of multilateral PL 99-472 Sec 22...... 1724
assistance for foreign surplus.
Community Adjustment and Investment EO 12916.............. 1066
Program Finance Committee.
Competitiveness Policy Council Act
Annual report.................... PL 100-418 Sec 5208... 764
Appropriations authorization..... PL 100-418 Sec 5209... 765
Definitions...................... PL 100-418 Sec 5210... 765
Details.......................... PL 100-418 Sec 5206(d) 762
Duties of........................ PL 100-418 Sec 5204... 758
Establishment of................. PL 100-418 Sec 5203... 758
Executive director............... PL 100-418 Sec 5206(a) 762
Experts and consultants.......... PL 100-418 Sec 5206(b) 762
Findings and purposes............ PL 100-418 Sec 5202... 757
Membership....................... PL 100-418 Sec 5205... 759
Powers of........................ PL 100-418 Sec 5207... 762
Staff............................ PL 100-418 Sec 5206(b) 762
Computers, high performance
Export controls.................. PL 105-85............. 1426
Approvals...................... PL 105-85 Sec 1211.... 1426
Congressional committees....... PL 105-85 Sec 1215.... 1430
End user information assistance PL 105-85 Sec 1214.... 1429
GAO study...................... PL 105-85 Sec 1214.... 1429
Computers, high performance--
Continued
Export controls--Continued
Post-shipment verification..... PL 105-85 Sec 1213.... 1429
Report......................... PL 105-85 Sec 1212.... 1428
Prohibition on supercomputer PL 101-515 Sec 608.... 1576
licensing with end-user
designated as Iraq.
Software copyright protection.... PL 98-573 Sec 251..... 789
Supercomputer trade dispute with PL 100-418 Sec 1307... 722
Japan.
Congressional Oversight Group
Guidelines....................... PL 107-210 Sec 2107(b) 644
Members and functions............ PL 107-210 Sec 2107(a) 643
Request for meeting.............. PL 107-210 Sec 2107(c) 644
Constructed export price
Adjustments for.................. PL 71-361 Sec 772(c).. 574
PL 71-361 Sec 772(d).. 574
Defined.......................... PL 71-361 Sec 772(a).. 574
Determining profit, special rule. PL 71-361 Sec 772(f).. 575
Merchandise with value added PL 71-361 Sec 772(e).. 575
after importation, special rule.
Convention on the Settlement of
Investment Disputes Act of 1966
Appointment of representatives PL 89-532 Sec 2....... 245
and panel members.
Arbitral tribunal award.......... PL 89-532 Sec 3....... 245
Copper imports..................... PL 98-573 Sec 247..... 788
Copyright protection
Computer software................ PL 98-573 Sec 251..... 789
Corn gluten
Possible European Community PL 98-573 Sec 245..... 787
tariff action, sense of Congress.
Corruption
Foreign Corrupt Practices Act
Amendments of 1988
International agreement........ PL 100-418 Sec 5003... 1752
Foreign Corrupt Practices Act of PL 95-213............. 1741
1977.
Prohibited foreign trade PL 95-213 Sec 104..... 1741
practices by domestic concerns.
Prohibited foreign trade PL 95-213 Sec 104A.... 1748
practices by persons other
than issuers or domestic
concerns.
International Anti-Bribery and PL 105-366............ 1754
Fair Competition Act of 1998.
Enforcement and monitoring..... PL 105-366 Sec 6...... 1756
International organizations PL 105-366 Sec 5...... 1754
providing commercial
communications services,
treatment of.
Costa Rica. See Caribbean Basin
Economic Recovery Act
Countervailable subsidies
Agreements to eliminate or offset PL 71-361 Sec 704(b).. 483
Calculation on certain processed PL 71-361 Sec 771B.... 573
agricultural products.
Defined.......................... PL 71-361 Sec 771..... 550
Determining likelihood of PL 71-361 Sec 752(b).. 538
continuation or recurrence of.
Nature of, special rules......... PL 71-361 Sec 771..... 559
Practices discovered during a PL 71-361 Sec 775..... 585
proceeding.
Rate determination............... PL 71-361 Sec 777A(e). 598
Upstream subsidies............... PL 71-361 Sec 771A(c). 573
Countervailing duties
Administrative review of
determinations
Correction of ministerial PL 71-361 Sec 751(h).. 535
errors.
Determination that basis for PL 71-361 Sec 751(f).. 534
suspension no longer exists.
Five-year review............... PL 71-361 Sec 751(c).. 530
Hearings....................... PL 71-361 Sec 751(e).. 534
Countervailing duties--Continued
Administrative review of
determinations--Continued
Implementing results of PL 71-361 Sec 751(g).. 534
subsidies enforcement
proceeding.
Periodic review of amount of PL 71-361 Sec 751(a).. 527
duty.
Reviews based on changed PL 71-361 Sec 751(b).. 529
circumstances.
Revocation of order or finding. PL 71-361 Sec 751(d).. 533
Termination of suspended PL 71-361 Sec 751(d).. 533
investigation.
Assessment of duty
Imposition of.................. PL 71-361 Sec 706(b).. 495
Publication of countervailing PL 71-361 Sec 706(a).. 494
duty order.
Special rule for regional PL 71-361 Sec 706(c).. 495
industries.
Circumvention of orders, PL 71-361 Sec 781..... 602
prevention of.
Conditional payment.............. PL 71-361 Sec 709..... 496
Conduct of investigations and PL 71-361 Sec 782..... 606
administrative reviews.
Continued dumping and subsidy
offset
Definitions.................... PL 71-361 Sec 754(b).. 543
Distribution of duties......... PL 71-361 Sec 754(a).. 543
PL 71-361 Sec 754(c).. 544
Parties eligible for PL 71-361 Sec 754(d).. 544
distributions.
Special accounts............... PL 71-361 Sec 754(e).. 545
Difference between deposit of PL 71-361 Sec 707..... 495
estimated and final assessment.
Effect of derogation of Export- PL 71-361 Sec 708..... 496
Import Bank financing.
Final determinations
Administering authority........ PL 71-361 Sec 705(a).. 489
Affirmative determination PL 71-361 Sec 705(c).. 491
effect.
PL 71-361 Sec 705(c).. 493
Commission..................... PL 71-361 Sec 705(b).. 490
Correction of ministerial PL 71-361 Sec 705(e).. 494
errors.
Determining the all-others rate PL 71-361 Sec 705(c).. 493
and country-wide subsidy rate.
Effect of...................... PL 71-361 Sec 705(c).. 491
Negative effect................ PL 71-361 Sec 705(c).. 492
Publication of notice.......... PL 71-361 Sec 705(d).. 494
Imposition of
General rule................... PL 71-361 Sec 701(a).. 470
Investigations involving PL 71-361 Sec 701(c).. 471
imports not entitled to
material injury determination.
Subsidies Agreement country.... PL 71-361 Sec 701(b).. 470
Treatment of international PL 71-361 Sec 701(d).. 471
consortia.
Upstream subsidy............... PL 71-361 Sec 701(e).. 471
Improvement in enforcement of PL 100-418 Sec 1311... 723
laws.
Pending investigations........... PL 96-39 Sec 102...... 824
Preliminary determinations
Administering authority........ PL 71-361 Sec 703(b).. 476
PL 71-361 Sec 703(d).. 479
Critical circumstances......... PL 71-361 Sec 703(e).. 480
De minimis countervailable PL 71-361 Sec 703(b).. 477
subsidy exception.
Extension of period in PL 71-361 Sec 703(c).. 478
extraordinarily complicated
cases.
Notice of...................... PL 71-361 Sec 703(f).. 481
Time period where upstream PL 71-361 Sec 703(g).. 481
subsidization involved.
Under waiver of verification... PL 71-361 Sec 703(b).. 477
Procedures for initiating an
investigation
Administering authority PL 71-361 Sec 702(a).. 472
initiation.
Information regarding critical PL 71-361 Sec 702(e).. 475
circumstances.
Countervailing duties--Continued
Procedures for initiating an
investigation--Continued
Notification to Commission..... PL 71-361 Sec 702(d).. 475
Petitions...................... PL 71-361 Sec 702(b).. 472
PL 71-361 Sec 702(c).. 473
Proceedings
Definitions.................... PL 71-361 Sec 516A(f). 459
Determinations involving free PL 71-361 Sec 516A(g). 460
trade area country
merchandise, binational panel
review.
Liquidation in accordance with PL 71-361 Sec 516A(e). 459
final decision.
Liquidation of entries......... PL 71-361 Sec 516A(c). 458
Review of determination........ PL 71-361 Sec 516A(a). 454
Standards of review............ PL 71-361 Sec 516A(b). 457
Standing....................... PL 71-361 Sec 516A(d). 459
Requests for review of Canadian PL 100-449 Sec 408.... 1017
determinations.
Special rules for injury
investigations
Description of orders.......... PL 71-361 Sec 753(a).. 540
Investigation by Commission PL 71-361 Sec 753(a).. 539
upon request.
Pending and suspended.......... PL 71-361 Sec 753(c).. 542
Procedure and schedule......... PL 71-361 Sec 753(b).. 540
Publication in Federal Register PL 71-361 Sec 753(d).. 542
Request for simultaneous PL 71-361 Sec 753(e).. 542
expedited review.
Requirements of requests....... PL 71-361 Sec 753(a).. 540
Suspension of liquidation...... PL 71-361 Sec 753(a).. 540
Special rules for reviews
Determination of likelihood of PL 71-361 Sec 752(b).. 538
continuation or recurrence of
countervailable subsidy.
Determination of likelihood of PL 71-361 Sec 752(a).. 535
continuation or recurrence of
material injury.
Termination or suspension of
investigation
Administering authority........ PL 71-361 Sec 704(e).. 485
PL 71-361 Sec 704(k).. 489
Cease exports of subject PL 71-361 Sec 704(b).. 483
merchandise agreements.
Continued upon request......... PL 71-361 Sec 704(g).. 487
Determination not to take PL 71-361 Sec 704(j).. 489
agreement into account.
Effects of..................... PL 71-361 Sec 704(f).. 485
Eliminate or offset a PL 71-361 Sec 704(b).. 483
countervailable subsidy
agreements.
Eliminating injurious effect PL 71-361 Sec 704(c).. 483
agreements.
Liquidation of entries......... PL 71-361 Sec 704(f).. 486
Review of...................... PL 71-361 Sec 704(h).. 487
Rules and conditions........... PL 71-361 Sec 704(d).. 484
Special rule for regional PL 71-361 Sec 704(l).. 489
industry investigations.
Violation of agreement......... PL 71-361 Sec 704(i).. 488
Withdrawal of petition......... PL 71-361 Sec 704(a).. 482
Transition rules for orders...... PL 96-39 Sec 104...... 826
Court of International Trade
Trade grievance jurisdiction..... PL 93-618 Sec 284(c).. 344
Crime control instruments
Export controls.................. PL 96-72 Sec 6(n)..... 1373
Critical materials
National Critical Materials Act PL 98-373............. 1726
of 1984.
Advanced materials research and PL 98-373 Sec 205..... 1729
technology, program and policy.
Appropriations authorization... PL 98-373 Sec 211..... 1732
Critical materials--Continued
National Critical Materials Act
of 1984--Continued
Authorities of Council......... PL 98-373 Sec 204(b).. 1729
Authority...................... PL 98-373 Sec 210..... 1732
Basic and advanced materials PL 98-373 Sec 206..... 1730
industries, innovation in.
Compensation of members........ PL 98-373 Sec 207(a).. 1731
Cooperative efforts............ PL 98-373 Sec 204(c).. 1729
Definition..................... PL 98-373 Sec 212..... 1733
Director, responsibilities and PL 98-373 Sec 209..... 1732
duties.
Executive Director, position PL 98-373 Sec 208..... 1731
and authorities.
Findings....................... PL 98-373 Sec 202(a).. 1726
National Critical Materials PL 98-373 Sec 203..... 1727
Council establishment.
Purpose........................ PL 98-373 Sec 202(b).. 1727
Reimbursements................. PL 98-373 Sec 207(b).. 1731
Responsibilities of Council.... PL 98-373 Sec 204(a).. 1728
Strategic and Critical Materials
Transaction Authorization Act of
1979
Appropriations authorization... PL 96-175 Sec 2....... 1740
Authorities.................... PL 96-175 Sec 3....... 1740
PL 96-175 Sec 4....... 1740
PL 96-175 Sec 5....... 1740
Crude oil, domestically produced
Exports of....................... PL 100-418 Sec 2424... 1306
Short supply export controls..... PL 96-72 Sec 7(d)..... 1378
Cuba
Anchorage and movement of Pres. Proc. 6867...... 1554
vessels, declaration of national
emergency and emergency
authority.
Brothers to the Rescue
Condemnation of Cuban attack PL 104-114 Sec 116.... 1532
against aircraft.
Enforcement of restrictions on PL 100-418 Sec 1911... 741
imports from.
LIBERTAD Act of 1996............. PL 104-114............ 1515
Prohibition on additional imports PL 106-387 Sec 909.... 1487
from.
Tariff treatment of Cuban PL 87-456 Sec 401..... 1055
products.
Trade agreements................. PL 71-361 Sec 350(b).. 452
Trade sanctions for state PL 106-387 Sec 906.... 1484
sponsors of international
terrorism.
Travel-related transactions, PL 106-387 Sec 910.... 1487
requirements relating to.
Cuban Democracy Act of 1992........ PL 102-484............ 1556
Cuban people, support for........ PL 102-484 Sec 1705... 1559
Definition....................... PL 102-484 Sec 1711... 1564
Democratic government, policy PL 102-484 Sec 1708... 1562
toward.
Enforcement...................... PL 102-484 Sec 1710... 1563
Existing claims not affected..... PL 102-484 Sec 1709... 1563
Findings......................... PL 102-484 Sec 1702... 1556
Implementation of................ EO 12854.............. 1565
International cooperation........ PL 102-484 Sec 1704... 1558
Sanctions........................ PL 102-484 Sec 1706... 1561
Statement of policy.............. PL 102-484 Sec 1703... 1557
Transitional government, policy PL 102-484 Sec 1707... 1562
toward.
Cuban Liberty and Democratic PL 104-114............ 1515
Solidarity (LIBERTAD) Act of 1996.
Definitions...................... PL 104-114 Sec 4...... 1519
Exclusion of certain aliens
Definitions.................... PL 104-114 Sec 401(b). 1552
Exemption...................... PL 104-114 Sec 401(c). 1553
Grounds for exclusion.......... PL 104-114 Sec 401(a). 1552
Findings......................... PL 104-114 Sec 2...... 1516
Free and independent Cuba,
assistance to
Assistance for Cuban people.... PL 104-114 Sec 202.... 1535
Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996--
Continued
Free and independent Cuba,
assistance to--Continued
Assistance program coordination PL 104-114 Sec 203.... 1537
Confiscated property, PL 104-114 Sec 207.... 1542
settlement of U.S. claims.
Democratically elected PL 104-114 Sec 201.... 1533
government, policy toward.
Democratically elected PL 104-114 Sec 206.... 1542
government requirements.
Economic embargo termination... PL 104-114 Sec 204.... 1539
Reports........................ PL 104-114 Sec 203(c). 1538
Reprogramming.................. PL 104-114 Sec 203(d). 1538
Transition government, policy PL 104-114 Sec 201.... 1533
toward.
Transition government PL 104-114 Sec 205.... 1540
requirements and factors.
Property rights of U.S.
nationals, protection of
Authorities.................... PL 104-114 Sec 306(c). 1551
Findings....................... PL 104-114 Sec 301.... 1543
Limitation of actions.......... PL 104-114 Sec 305.... 1550
Proof of ownership............. PL 104-114 Sec 303.... 1549
Rescission of suspension....... PL 104-114 Sec 306(d). 1551
Suspension authority........... PL 104-114 Sec 306(b). 1550
Trafficking in confiscated PL 104-114 Sec 302.... 1544
property, liability.
Purposes......................... PL 104-114 Sec 3...... 1519
Sanctions against Castro PL 102-484 Sec 1706... 1561
government.
American aircraft, condemnation PL 104-114 Sec 116.... 1532
of Cuban attack.
Commerce with and assistance PL 104-114 Sec 108.... 1526
from other countries, reports.
Cuban Democracy Act of 1992.... PL 102-484 Sec 1706... 1561
Enforcement.................... PL 104-114 Sec 102.... 1523
Expulsion of criminals from PL 104-114 Sec 113.... 1531
Cuba.
Family remittances and travel PL 104-114 Sec 112.... 1531
to Cuba, sense of Congress.
Importation safeguard against PL 104-114 Sec 110.... 1528
products.
Independent states of the PL 104-114 Sec 106.... 1525
former Soviet Union assistance.
Indirect financing prohibition. PL 104-114 Sec 103.... 1524
International financial PL 104-114 Sec 104.... 1524
institutions membership
opposition.
Juragua nuclear supporters, PL 104-114 Sec 111.... 1529
withholding foreign assistance.
Lawful United States government PL 104-114 Sec 115.... 1532
activities.
News bureaus in Cuba........... PL 104-114 Sec 114.... 1531
Organization of American States PL 104-114 Sec 105.... 1525
participation opposition.
Statement of policy............ PL 104-114 Sec 101.... 1522
Support for democratic and PL 104-114 Sec 109.... 1527
human rights groups.
Television broadcasting........ PL 104-114 Sec 107.... 1526
Severability..................... PL 104-114 Sec 5...... 1522
Cultural industries
Identification of countries PL 93-618 Sec 182(f).. 313
denying adequate protection or
market access for intellectual
property rights.
Customs and miscellaneous PL 98-573............. 786
amendments.
Computer software, copyright PL 98-573 Sec 251..... 789
protection.
Copper imports................... PL 98-573 Sec 247..... 788
Customs and miscellaneous
amendments--Continued
Corn gluten, sense of Congress PL 98-573 Sec 245..... 787
regarding possible European
Community action.
Foreign trade zone provisions.... PL 98-573 Sec 231..... 786
Hogs and pork products imported PL 98-573 Sec 250..... 789
from Canada.
Honey imports, study............. PL 98-573 Sec 246..... 788
Customs and Trade Act of 1990
East Germany
Nondiscriminatory treatment for PL 101-382 Sec 142.... 1199
products.
Exemption of Israeli products PL 101-382 Sec 112.... 1132
from certain user fees.
Customs Cooperation Council
U.S. participation............... PL 100-418 Sec 1210... 716
Customs Service
Action in response to trade PL 93-618 Sec 422(a).. 389
diversion.
Customs Service, Commissioner of
Integrated Border Inspection PL 108-429 Sec 1560(b) 611
Areas creation.
Customs valuation
Presidential report on operation PL 96-39 Sec 203...... 829
of the General Agreement on
Tariffs and Trade.
Transition to standards.......... PL 96-39 Sec 204...... 829
Czech and Slovak Federal Republic
Most-favored-nation treatment
Findings....................... PL 102-182 Sec 1(a)... 1194
Preparatory Presidential action PL 102-182 Sec 1(b)... 1194
Termination of application of PL 102-182 Sec 2...... 1195
Title IV of the Trade Act of
1974.
Czechoslovakia
Payment of amounts owed U.S. PL 93-618 Sec 408..... 382
citizens and nationals.
Trade Act of 1974 waiver......... EO 12702.............. 1211
D
Defense articles
Annual report on impact of 50 USC App Sec 2099... 1435
offsets.
Declaration of offset policy..... PL 102-558 Sec 123.... 1437
Export controls.................. EO 13222.............. 1440
Export-Import Bank of the United PL 79-173 Sec 2(b).... 1233
States involvement in sale of.
Defense Production Act Amendments
of 1992
Declaration of offset policy..... PL 102-558 Sec 123.... 1437
Democracy
Burmese Freedom and Democracy Act PL 108-61............. 1640
of 2003.
Cuban Democracy Act of 1992...... PL 102-484............ 1556
Denial of foreign tax credit....... PL 99-514............. 1478
Depository institutions
Regulation of, studies relating PL 100-418 Sec 3122... 751
to.
Regulatory provisions............ PL 100-418 Sec 3121... 751
Developing countries. See also
Beneficiary developing countries
Exports to, report............... PL 100-418 Sec 3303... 1316
International financial PL 95-118 Sec 901..... 156
institutions promotion of human
nutrition.
Principal trade negotiating PL 100-418 Sec 1101(b) 692
objectives.
Reduction of military spending... PL 79-171 Sec 60...... 33
Technology deployment in
Appropriations authorization... PL 101-240 Sec 738.... 142
Definitions.................... PL 101-240 Sec 731.... 138
Fellowship and exchange PL 101-240 Sec 737.... 142
programs.
Developing countries--Continued
Technology deployment in--
Continued
Greenhouse gas intensity....... PL 101-240 Sec 732.... 138
PL 101-240 Sec 734.... 140
PL 101-240 Sec 735.... 140
Technology demonstration PL 101-240 Sec 736.... 141
projects.
Trade agreements with............ PL 93-618 Sec 106..... 265
Development Fund of Iraq
Protection of
Authorities.................... EO 13303 Sec 4........ 1581
Definitions.................... EO 13303 Sec 3........ 1581
Effect of order................ EO 13303 Sec 1........ 1580
EO 13303 Sec 2........ 1581
Modifying...................... EO 13364.............. 1589
Diamonds. See Clean Diamond Trade
Act
Discriminatory Procurement
Practices. See also Trade
expansion priorities
Annual report.................... EO 13116 Sec 1........ 917
Considerations in making EO 13116 Sec 2........ 917
identifications.
Consultations and advice......... EO 13116 Sec 2........ 919
Identification................... EO 13116 Sec 1........ 917
Impact of noncompliance and EO 13116 Sec 3........ 918
denial of comparable treatment.
Initiation of investigations..... EO 13116 Sec 5........ 918
Presidential direction........... EO 13116 Sec 1........ 919
Resolution....................... EO 13116 Sec 4........ 918
Dominica. See Caribbean Basin
Economic Recovery Act
Dominican Republic. See Caribbean
Basin Economic Recovery Act
Dominican Republic-Central America- PL 109-53............. 930
United States Free Trade Agreement
Implementation Act.
Approval of agreement............ PL 109-53 Sec 101(a).. 931
Claims arbitration............... PL 109-53 Sec 106..... 934
Consultation and layover PL 109-53 Sec 104..... 933
provisions for proclaimed
actions.
Definitions...................... PL 109-53 Sec 3....... 930
Dispute settlement proceedings PL 109-53 Sec 105..... 933
administration.
Entry into force of agreement.... PL 109-53 Sec 101(b).. 931
Implementing actions............. PL 109-53 Sec 103(a).. 932
Initial regulations.............. PL 109-53 Sec 103(b).. 933
Labor obligations meetings....... PL 109-53 Sec 403(b).. 935
Purposes......................... PL 109-53 Sec 2....... 930
Relationship of agreement to PL 109-53 Sec 102..... 931
United States and state law.
Reports.......................... PL 109-53 Sec 403(a).. 934
Termination of................... PL 109-53 Sec 107..... 934
Downstream products
Action on basis of monitoring, PL 71-361 Sec 780(c).. 601
reports.
Monitoring by the Commission..... PL 71-361 Sec 780(b).. 601
Petition requesting monitoring... PL 71-361 Sec 780(a).. 599
Drug control
Asian Development Bank, PL 89-369 Sec 19...... 88
preventing loans or funds
utilization for countries
allowing illegal drug activity.
Foreign Narcotics Kingpin PL 106-120............ 1489
Designation Act.
Authorities.................... PL 106-120 Sec 806.... 1494
Blocking assets................ PL 106-120 Sec 805.... 1493
Definitions.................... PL 106-120 Sec 808.... 1496
Enforcement.................... PL 106-120 Sec 807.... 1495
Findings and policy............ PL 106-120 Sec 802.... 1489
Judicial Review Commission on PL 106-120 Sec 810.... 1496
Foreign Asset Control.
Prohibiting transactions....... PL 106-120 Sec 805(c). 1494
Public identification.......... PL 106-120 Sec 804.... 1490
Drug control--Continued
Foreign Narcotics Kingpin
Designation Act--Continued
Purpose........................ PL 106-120 Sec 803.... 1490
Reports........................ PL 106-120 Sec 804.... 1490
Inter-American Development Bank
Preventing loans or funds PL 86-147 Sec 22...... 68
utilization for countries
allowing illegal drug activity.
Reducing dependence on illicit PL 101-240 Sec 103.... 128
narcotics through loans, sense
of Congress.
International Bank for PL 86-565 Sec 13...... 44
Reconstruction and Development,
preventing loans or funds
utilization for countries
allowing illegal drug activity.
Linkage of debt reduction loans PL 101-240 Sec 407.... 132
to reduction in drug trafficking.
List of foreign countries PL 93-618 Sec 606..... 408
producing, processing, or
transporting controlled
substances.
Loan programs to reduce economic PL 95-118 Sec 1606.... 180
dependence on illicit narcotics.
Narcotics Control Trade Act...... PL 93-618 Sec 801..... 410
Definitions.................... PL 93-618 Sec 805..... 417
Progress reports............... PL 93-618 Sec 804..... 417
Sugar quota.................... PL 93-618 Sec 803..... 417
Tariff treatment of products of PL 93-618 Sec 802..... 411
uncooperative drug producing
or transit countries.
Narcotics traffickers, sanctions
against
Authorities.................... EO 12978 Sec 4........ 1501
Blocking assets................ EO 12978 Sec 1........ 1500
Definitions.................... EO 12978 Sec 3........ 1501
Prohibiting transactions....... EO 12978 Sec 2........ 1501
Drug eradication. See Andean Trade
Promotion and Drug Eradication Act
E
East Germany
Nondiscriminatory treatment for PL 101-382 Sec 142.... 1199
products.
East-West Foreign Trade Board
Abolition of..................... RP No. 3 of 1979 Sec 6 897
Trade Agreements Program EO 11846 Sec 7........ 901
administration.
Eastern Europe
Export-Import Bank trade finance, PL 102-429 Sec 120.... 1277
report.
EC. See European Community
Economic Development of the
Southwest Border. See Interagency
Task Force on the Economic
Development of the Southwest
Border
Economic policies
International Emergency Economic PL 95-223............. 1466
Powers Act.
Authority to issue regulations. PL 95-223 Sec 205..... 1471
Consultation................... PL 95-223 Sec 204..... 1470
Exercising authorities......... PL 95-223 Sec 202..... 1467
Grants of authorities.......... PL 95-223 Sec 203..... 1468
Penalties...................... PL 95-223 Sec 206..... 1471
Report......................... PL 95-223 Sec 204(c).. 1471
Savings provision.............. PL 95-223 Sec 207..... 1471
Trading With the Enemy Act PL 95-223 Sec 101..... 1466
amendments.
Economic policies--Continued
Iraq
Confiscating and vesting EO 13290.............. 1578
property.
Sanctions against.............. PL 101-510 Sec 1458... 1577
Iraq Sanctions Act of 1990....... PL 101-513............ 1566
Consultations with Congress.... PL 101-513 Sec 586B... 1567
Embargo violations, penalties PL 101-513 Sec 586E... 1569
for.
Export license restrictions.... PL 101-513 Sec 586I... 1574
Invasion of Kuwait, PL 101-513 Sec 586A... 1566
declarations regarding.
Reports........................ PL 101-513 Sec 586J... 1574
Sanctions...................... PL 101-513 Sec 586G... 1571
Trade embargo.................. PL 101-513 Sec 586C... 1567
U.N. sanctions, compliance with PL 101-513 Sec 586D... 1568
Violations of international PL 101-513 Sec 586F... 1569
law, declarations regarding.
Waiver authority............... PL 101-513 Sec 586H... 1572
Johnson Act
Financial transactions with PL 80-772............. 1690
foreign governments.
Trading With the Enemy Act....... PL 65-91.............. 1458
Meaning of word ``enemy''...... PL 65-91 Sec 2........ 1458
Penalties for violations....... PL 65-91 Sec 16....... 1463
Presidential authority......... PL 65-91 Sec 5........ 1461
Prohibited actions............. PL 65-91 Sec 3........ 1460
Economic policy coordination. See
Exchange Rates and International
Economic Policy Coordination Act
of 1988
Ecuador. See Andean Trade
Preference Act
Education
Exchange programs
South African.................. PL 103-149 Sec 7...... 1633
El Salvador. See also Caribbean
Basin Economic Recovery Act
International Monetary Fund/World PL 79-171 Sec 38...... 20
Bank assistance to, sense of
Congress.
Electronic commerce
Internet......................... PL 105-277 Sec 1203... 667
Eligible articles
Articles ineligible for PL 93-618 Sec 503(b).. 398
designation.
Competitive need limitation...... PL 93-618 Sec 503(c).. 399
Waiver of...................... PL 93-618 Sec 503(d).. 400
Designation of................... PL 93-618 Sec 503(a).. 397
International Trade Commission PL 93-618 Sec 503(e).. 402
advice.
Withdrawal, suspension, or PL 93-618 Sec 503(c).. 399
limitation of duty-free
treatment.
Emergencies. See National
emergencies; National Emergencies
Act
Emergency Protection for Iraqi
Cultural Antiquities Act of 2004
Emergency implementation of PL 108-429 Sec 3002... 613
import restrictions.
Termination of authority......... PL 108-429 Sec 3003... 613
Employees. See Workers
Employers. See Industries
Employment
Retraining programs, report...... PL 106-200 Sec 401.... 651
Encryption products
Export controls.................. EO 12981.............. 1449
Enhanced Structural Adjustment
Facility
Contribution to Interest Subsidy PL 79-171 Sec 54...... 29
Account.
Pledge to sell gold to provide PL 79-171 Sec 58...... 31
resources for Reserve Account.
Reform of........................ PL 95-118 Sec 1624.... 194
Enterprise for the Americas
Multilateral Investment Fund
Contributions to................. PL 86-147 Sec 37...... 77
Environmental issues
Border Environment Cooperation EO 12916.............. 1065
Commission and the North
American Development Bank
Agreement.
Good Neighbor Environmental EO 12916 Sec 10....... 1067
Board.
Intention of order............. EO 12916 Sec 11....... 1067
Interagency coordination....... EO 12916 Sec 2(b)..... 1065
Policy......................... EO 12916 Sec 1........ 1065
Project loans, guarantees or EO 12916 Sec 3(b)..... 1066
grants.
EO 12916 Sec 3(c)..... 1066
EO 12916 Sec 3(d)..... 1066
Secretary of Treasury functions EO 12916 Sec 4........ 1066
EO 12916 Sec 5........ 1066
U.S. representation............ EO 12916 Sec 2(a)..... 1065
EO 12916 Sec 3(a)..... 1065
Debt-for-development swaps for PL 95-118 Sec 1608.... 181
conservation, initiation of
discussions to facilitate.
Effect of pending multilateral PL 95-118 Sec 1703.... 201
development bank loans.
Enhanced HIPC Initiative, PL 95-118 Sec 1625.... 196
modification of.
Environmental trade promotion
Definition..................... PL 100-418 Sec 2313(k) 1305
Environmental Technologies PL 100-418 Sec 2313(c) 1301
Trade Advisory Committee.
Environmental Trade Promotion PL 100-418 Sec 2313(b) 1300
Working Group.
Environmental training......... PL 100-418 Sec 2313(g) 1303
Export alliances............... PL 100-418 Sec 2313(j) 1305
Export plans for priority PL 100-418 Sec 2313(d) 1301
countries.
International regional PL 100-418 Sec 2313(h) 1303
environmental initiatives.
Project advocacy calendar and PL 100-418 Sec 2313(i) 1304
information dissemination
program.
Statement of policy............ PL 100-418 Sec 2313(a) 1300
Technologies specialists in the PL 100-418 Sec 2313(f) 1302
United States and Foreign
Commercial Service.
Trade information.............. PL 100-418 Sec 2313(e) 1302
Export-Import Bank policy and PL 79-173 Sec 11...... 1258
procedures.
Global Environmental Protection
Assistance Act of 1989
Negotiations policy............ PL 101-240 Sec 722.... 137
U.S. policy, sense of Congress. PL 101-240 Sec 721.... 137
Greenhouse gas
Reducing technologies, trade- PL 101-240 Sec 734.... 140
related barriers to export of.
Reducing technology export PL 101-240 Sec 735.... 140
initiative.
Reduction of................... PL 101-240 Sec 732.... 138
Institution-building for non- PL 95-118 Sec 1616.... 189
governmental organizations
concerned with the environment.
International debt exchanges and PL 101-240 Sec 511.... 133
the environment, sense of
Congress.
International financial
institutions
Assessment of benefits and PL 95-118 Sec 1306.... 160
costs of multilateral
development bank actions.
Educational programs for PL 95-118 Sec 1305.... 160
multilateral development bank
managers.
Findings....................... PL 95-118 Sec 1301.... 158
Impact of proposed multilateral PL 95-118 Sec 1307.... 161
development bank actions.
Environmental issues--Continued
International financial
institutions--Continued
Multilateral development bank PL 95-118 Sec 1303.... 159
loans, determining impact of.
Strengthening environmental PL 95-118 Sec 1302.... 159
performance of the banks.
System for cooperative exchange PL 95-118 Sec 1304.... 160
of information.
Multilateral development banks PL 95-118 Sec 1614.... 187
and debt-for-nature exchanges.
North American Agreement on
Environmental Cooperation
U.S. participation in PL 103-182 Sec 532.... 957
Commission.
North American Agreement on EO 12915.............. 1061
Environmental Cooperation
Implementation.
Consultation with states....... EO 12915 Sec 2(e)..... 1063
Environmental effects of the EO 12915 Sec 2(c)..... 1062
North American Free Trade
Agreement.
Judicial review................ EO 12915 Sec 5........ 1064
National Advisory Committee.... EO 12915 Sec 3........ 1063
Policy......................... EO 12915 Sec 1........ 1061
Priorities..................... EO 12915 Sec 2(a)..... 1061
Transparency and public EO 12915 Sec 2(d)..... 1062
participation.
U.S. contributions to the EO 12915 Sec 4........ 1063
Commission.
U.S. representation on the EO 12915 Sec 2(b)..... 1062
Council.
North American Development Bank PL 108-215 Sec 6...... 123
financing of projects, sense of
Congress.
Promotion of lending for the PL 95-118 Sec 1615.... 189
environment.
Renewable resources for energy
production
Findings....................... PL 96-259 Sec 601..... 148
U.S. policies.................. PL 96-259 Sec 602..... 149
Sub-Saharan Africa, initiation of PL 95-118 Sec 1609.... 182
discussions to facilitate
financing of natural resource
programs.
Environmental Review of Trade EO 13141.............. 923
Agreements.
ESAF. See Enhanced Structural
Adjustment Facility
Estonia
Most-favored-nation treatment
Findings....................... PL 102-182 Sec 101.... 1195
Nondiscriminatory treatment, PL 102-182 Sec 102.... 1196
extension of.
Prompt provision of Generalized PL 102-182 Sec 104.... 1197
System of Preferences
treatment, sense of Congress.
Termination of application of PL 102-182 Sec 103.... 1196
Title IV of the Trade Act of
1974.
European Bank for Reconstruction
and Development. See Foreign
Operations Appropriations
Instructions, FY 2006;
International debt forgiveness and
international financial
institutions reform; International
Financial Institutions Act
European Bank for Reconstruction PL 101-513............ 108
and Development Act.
Bretton Woods Agreements Act PL 101-513 Sec 562.... 108
applicability.
Congressional consultations...... PL 101-513 Sec 562.... 111
Effectiveness of agreement....... PL 101-513 Sec 562.... 110
Federal Reserve banks as PL 101-513 Sec 562.... 109
depositories.
Governor and alternate Governor.. PL 101-513 Sec 562.... 108
Jurisdiction and venue of actions PL 101-513 Sec 562.... 110
Membership acceptance............ PL 101-513 Sec 562.... 108
European Bank for Reconstruction
and Development Act--Continued
Securities issued as exempt, PL 101-513 Sec 562.... 110
filing with Securities and
Exchange Commission.
Stock subscription............... PL 101-513 Sec 562.... 109
Technical amendments............. PL 101-513 Sec 562.... 111
European Community
Implementation of Agreement on EO 12849.............. 1075
Government Procurement.
Possible action regarding tariff PL 98-573 Sec 245..... 787
action on corn gluten, sense of
Congress.
United States-EC agreement on PL 100-418 Sec 1122... 709
citrus and pasta implementation.
European Community and Government
Procurement, implementation of
Agreement
Application of order............. EO 12849 Sec 3........ 1075
EO 12849 Sec 4........ 1075
Buy American Act provisions...... EO 12849 Sec 1........ 1075
Rule of origin................... EO 12849 Sec 2........ 1075
United States Trade EO 12849 Sec 5........ 1075
Representative responsibilities.
Exchange Rates and International
Economic Policy Coordination Act
of 1988
Definitions...................... PL 100-418 Sec 3006... 746
Findings......................... PL 100-418 Sec 3002... 743
International negotiations....... PL 100-418 Sec 3004... 745
Reporting requirements........... PL 100-418 Sec 3005... 745
Statement of policy.............. PL 100-418 Sec 3003... 744
Exchange stabilization fund
Financial stabilization programs PL 95-118 Sec 1704.... 201
led by the International
Monetary Fund, report.
Presidential certification PL 104-6 Sec 406...... 211
regarding swap of currencies to
Mexico.
Special Drawing Rights
Administration of.............. PL 90-349 Sec 3....... 243
Purchase of certificates....... PL 90-349 Sec 4....... 243
Export Administration Act of 1969
Administration of................ EO 12002.............. 1455
Authority delegation........... EO 12002 Sec 1........ 1455
EO 12002 Sec 2........ 1455
EO 12002 Sec 5........ 1456
Export Administration Review EO 12002 Sec 3........ 1456
Board.
Export license matter referrals EO 12002 Sec 4........ 1456
Force and effect of order...... EO 12002 Sec 6........ 1456
Export Administration Act of 1979.. PL 96-72.............. 1336
Administration of................ EO 12214.............. 1451
Administrative authority......... PL 96-72 Sec 15....... 1420
Administrative procedure
Civil penalties and sanctions.. PL 96-72 Sec 13(c).... 1415
Exemption...................... PL 96-72 Sec 13(a).... 1415
License denial appeals......... PL 96-72 Sec 13(e).... 1417
Public participation........... PL 96-72 Sec 13(b).... 1415
Temporary denial orders........ PL 96-72 Sec 13(d).... 1416
Annual report.................... PL 96-72 Sec 14....... 1417
Appropriations authorization..... PL 96-72 Sec 18....... 1422
Authority delegation............. PL 96-72 Sec 4(e)..... 1343
Chemical and biological weapons
proliferation sanctions
Consultations with foreign PL 96-72 Sec 11C(b)... 1409
governments.
Definition of foreign person... PL 96-72 Sec 11C(f)... 1411
Description of................. PL 96-72 Sec 11C(c)... 1409
Exceptions..................... PL 96-72 Sec 11C(c)... 1410
Imposition of.................. PL 96-72 Sec 11C(a)... 1408
Termination of................. PL 96-72 Sec 11C(d)... 1410
Waiver......................... PL 96-72 Sec 11C(e)... 1410
Export Administration Act of 1979--
Continued
Continuation of.................. EO 12981.............. 1444
Control list..................... PL 96-72 Sec 4(b)..... 1342
Definitions...................... PL 96-72 Sec 16....... 1421
Effect on other acts............. PL 96-72 Sec 17....... 1421
Enforcement
Authority...................... PL 96-72 Sec 12(a).... 1411
Confidentiality................ PL 96-72 Sec 12(c).... 1413
Immunity....................... PL 96-72 Sec 12(b).... 1413
Reporting requirements......... PL 96-72 Sec 12(d).... 1415
Simplification of regulations.. PL 96-72 Sec 12(e).... 1415
Fees............................. PL 96-72 Sec 4(g)..... 1343
Findings......................... PL 96-72 Sec 2........ 1337
Foreign availability............. PL 96-72 Sec 4(c)..... 1342
Foreign boycotts
Foreign policy controls........ PL 96-72 Sec 8(b)..... 1386
Preemption..................... PL 96-72 Sec 8(c)..... 1386
Prohibitions and exceptions.... PL 96-72 Sec 8(a)..... 1384
Foreign policy controls
Alternative means.............. PL 96-72 Sec 6(e)..... 1365
Authority...................... PL 96-72 Sec 6(a)..... 1363
Chemical and biological weapons PL 96-72 Sec 6(m)..... 1372
Congressional consultation..... PL 96-72 Sec 6(f)..... 1365
Consultation with other PL 96-72 Sec 6(d)..... 1365
countries.
Control list................... PL 96-72 Sec 6(o)..... 1373
Countries supporting PL 96-72 Sec 6(j)..... 1367
international terrorism.
Crime control instruments...... PL 96-72 Sec 6(n)..... 1373
Criteria....................... PL 96-72 Sec 6(b)..... 1364
Exclusion for medicine, medical PL 96-72 Sec 6(g)..... 1366
supplies and food exports.
Existing contracts and PL 96-72 Sec 6(p)..... 1374
licenses, effect on.
Expanded authority to impose PL 96-72 Sec 6(r)..... 1374
controls.
Extension of controls.......... PL 96-72 Sec 6(q)..... 1374
Foreign availability........... PL 96-72 Sec 6(h)..... 1367
Industry consultation.......... PL 96-72 Sec 6(c)..... 1364
International obligations...... PL 96-72 Sec 6(i)..... 1367
Missile technology............. PL 96-72 Sec 6(l)..... 1371
Negotiations with other PL 96-72 Sec 6(k)..... 1370
countries.
Spare parts.................... PL 96-72 Sec 6(s)..... 1375
Hardship relief from export PL 96-72 Sec 9........ 1387
controls.
Judicial review.................. PL 96-72 Sec 13....... 1415
License application processing
Action by other departments and PL 96-72 Sec 10(e).... 1389
agencies.
Action by Secretary............ PL 96-72 Sec 10(f).... 1390
Action on applications......... PL 96-72 Sec 10(c).... 1389
Appeal and court action........ PL 96-72 Sec 10(j).... 1393
Exports to members of PL 96-72 Sec 10(o).... 1395
coordinating committee.
Initial screening.............. PL 96-72 Sec 10(b).... 1388
Inquiries...................... PL 96-72 Sec 10(l).... 1393
Multilateral controls.......... PL 96-72 Sec 10(h).... 1392
Primary responsibility of PL 96-72 Sec 10(a).... 1388
Secretary.
Records........................ PL 96-72 Sec 10(i).... 1393
Referrals...................... PL 96-72 Sec 10(d).... 1389
Reports........................ PL 96-72 Sec 10(n).... 1394
Requirement changes............ PL 96-72 Sec 10(k).... 1393
Small business assistance...... PL 96-72 Sec 10(m).... 1394
Special procedures for PL 96-72 Sec 10(g).... 1391
Secretary of Defense.
License types.................... PL 96-72 Sec 4(a)..... 1341
Missile proliferation control
Definitions.................... PL 96-72 Sec 11B(c)... 1406
Export Administration Act of 1979--
Continued
Missile proliferation control--
Continued
Transfers of missile equipment PL 96-72 Sec 11B(b)... 1404
or technology by foreign
persons.
U.S. persons................... PL 96-72 Sec 11B(a)... 1403
National security controls
Agricultural commodities PL 96-72 Sec 5(q)..... 1363
exclusion.
Authority...................... PL 96-72 Sec 5(a)..... 1343
Commercial agreements with PL 96-72 Sec 5(j)..... 1361
certain countries.
Control list................... PL 96-72 Sec 5(c)..... 1346
Diversion of controlled goods PL 96-72 Sec 5(l)..... 1361
or technology.
Export licenses................ PL 96-72 Sec 5(e)..... 1350
Foreign availability........... PL 96-72 Sec 5(f)..... 1351
Goods containing controlled PL 96-72 Sec 5(m)..... 1362
parts and components.
Indexing....................... PL 96-72 Sec 5(g)..... 1357
Militarily critical PL 96-72 Sec 5(d)..... 1349
technologies.
Multilateral export controls... PL 96-72 Sec 5(i)..... 1360
National Security Control PL 96-72 Sec 5(p)..... 1362
Office.
Negotiations with countries.... PL 96-72 Sec 5(k)..... 1361
Policy toward individual PL 96-72 Sec 5(b)..... 1345
countries.
Recordkeeping.................. PL 96-72 Sec 5(o)..... 1362
Security measures.............. PL 96-72 Sec 5(n)..... 1362
Technical advisory committees.. PL 96-72 Sec 5(h)..... 1358
Notification of the public....... PL 96-72 Sec 4(f)..... 1343
Policy declaration............... PL 96-72 Sec 3........ 1338
Regulations issuance............. PL 96-72 Sec 19....... 1423
Regulatory authority............. PL 96-72 Sec 15....... 1420
Right of export.................. PL 96-72 Sec 4(d)..... 1343
Savings provisions............... PL 96-72 Sec 21....... 1424
Short supply controls
Agricultural commodities....... PL 96-72 Sec 7(g)..... 1380
Authority...................... PL 96-72 Sec 7(a)..... 1375
Barter agreements.............. PL 96-72 Sec 7(h)..... 1382
Domestically produced crude oil PL 96-72 Sec 7(d)..... 1378
Existing contracts, effect of PL 96-72 Sec 7(j)..... 1384
controls on.
Monitoring..................... PL 96-72 Sec 7(b)..... 1375
Petitions...................... PL 96-72 Sec 7(c)..... 1376
Petroleum products............. PL 96-72 Sec 7(f)..... 1380
Refined petroleum products..... PL 96-72 Sec 7(e)..... 1379
Unprocessed red cedar.......... PL 96-72 Sec 7(i)..... 1383
Termination date................. PL 96-72 Sec 20....... 1423
Violations
Actions for recovery of PL 96-72 Sec 11(f).... 1398
penalties.
Authorities.................... PL 96-72 Sec 11(i).... 1399
Civil penalties................ PL 96-72 Sec 11(c).... 1397
Forfeiture of property interest PL 96-72 Sec 11(g).... 1398
and proceeds.
General provisions............. PL 96-72 Sec 11(a).... 1396
Payment of penalties........... PL 96-72 Sec 11(d).... 1398
Prior convictions.............. PL 96-72 Sec 11(h).... 1399
Refunds........................ PL 96-72 Sec 11(e).... 1398
Willful........................ PL 96-72 Sec 11(b).... 1396
Violations, multilateral export
control
Compensation for diversion of PL 96-72 Sec 11A(i)... 1402
militarily critical
technologies.
Damages........................ PL 96-72 Sec 11A(k)... 1403
Definitions.................... PL 96-72 Sec 11A(e)... 1401
PL 96-72 Sec 11A(l)... 1403
Determination by the President. PL 96-72 Sec 11A(a)... 1399
Discretionary imposition of PL 96-72 Sec 11A(h)... 1402
sanctions.
Exceptions..................... PL 96-72 Sec 11A(c)... 1400
Exclusion...................... PL 96-72 Sec 11A(d)... 1401
Export Administration Act of 1979--
Continued
Violations, multilateral export
control--Continued
Presidential actions........... PL 96-72 Sec 11A(j)... 1402
Reports........................ PL 96-72 Sec 11A(g)... 1402
Sanctions...................... PL 96-72 Sec 11A(b)... 1400
Subsequent modifications of PL 96-72 Sec 11A(f)... 1401
sanctions.
Export Administration Amendments
Act of 1981
Embargo authority................ PL 97-145 Sec 7....... 1439
Export Administration Amendments PL 99-64.............. 1431
Act of 1985.
Alaskan oil study................ PL 99-64 Sec 126...... 1431
Export promotion programs
Appropriations authorization... PL 99-64 Sec 202...... 1433
Barter arrangements............ PL 99-64 Sec 203...... 1433
Prior authorization requirement PL 99-64 Sec 201...... 1432
Export Administration Review Board
Interagency dispute resolution... EO 12981 Sec 5........ 1446
Export controls
Administration of................ EO 12981.............. 1444
Department or agency review.... EO 12981 Sec 4........ 1446
Determinations................. EO 12981 Sec 2........ 1444
Encryption products............ EO 12981 Sec 6........ 1449
Initial processing............. EO 12981 Sec 3........ 1445
Interagency dispute resolution. EO 12981 Sec 5........ 1446
Judicial review................ EO 12981 Sec 8........ 1450
License review................. EO 12981 Sec 1........ 1444
EO 12981 Sec 7........ 1450
Encryption products
Judicial review................ EO 13026 Sec 3........ 1443
Treatment of................... EO 13026 Sec 1........ 1442
High performance computers....... PL 105-85............. 1426
Approvals...................... PL 105-85 Sec 1211.... 1426
Congressional committees....... PL 105-85 Sec 1215.... 1430
End user information assistance PL 105-85 Sec 1214.... 1429
GAO study...................... PL 105-85 Sec 1214.... 1429
Post-shipment verification..... PL 105-85 Sec 1213.... 1429
Report......................... PL 105-85 Sec 1212.... 1428
Export controls, continuing........ EO 13222.............. 1440
Arms Export Control Act authority EO 13222 Sec 3........ 1441
Authority delegations............ EO 13222 Sec 1........ 1440
EO 13222 Sec 2........ 1441
Export Enhancement Act. See Trade
Sanctions Reform and Export
Enhancement Act of 2000
Export Enhancement Act of 1988..... PL 100-418............ 1280
American Institute of Taiwan
Commercial personnel........... PL 100-418 Sec 2201... 1284
Barter and countertrade.......... PL 100-418 Sec 2205... 1286
Budget Act regulations........... PL 100-418 Sec 2503... 1311
Countries providing weaponry to PL 100-418 Sec 2102... 1282
belligerent countries in the
Persian Gulf region, sense of
Congress.
Domestically produced crude oil, PL 100-418 Sec 2424... 1306
exports of.
Environmental trade promotion
Definition..................... PL 100-418 Sec 2313(k) 1305
Environmental technologies PL 100-418 Sec 2313(f) 1302
specialists in the United
States and Foreign Commercial
Service.
Environmental Technologies PL 100-418 Sec 2313(c) 1301
Trade Advisory Committee.
Environmental Trade Promotion PL 100-418 Sec 2313(b) 1300
Working Group.
Environmental training......... PL 100-418 Sec 2313(g) 1303
Export Enhancement Act of 1988--
Continued
Environmental trade promotion--
Continued
Export alliances............... PL 100-418 Sec 2313(j) 1305
Export plans for priority PL 100-418 Sec 2313(d) 1301
countries.
International regional PL 100-418 Sec 2313(h) 1303
environmental initiatives.
Project advocacy calendar and PL 100-418 Sec 2313(i) 1304
information dissemination
program.
Statement of policy............ PL 100-418 Sec 2313(a) 1300
Trade information.............. PL 100-418 Sec 2313(e) 1302
Export policy, report............ PL 100-418 Sec 2314... 1305
Export promotion programs PL 100-418 Sec 2305... 1296
appropriations authorization.
Export trading companies, report. PL 100-418 Sec 2311... 1297
Fair Trade in Auto Parts Act of
1988
Definition..................... PL 100-418 Sec 2122... 1282
Expiration date................ PL 100-418 Sec 2125... 1284
Japan.......................... PL 100-418 Sec 2123... 1282
PL 100-418 Sec 2124... 1283
Indian tribes export promotion... PL 100-418 Sec 2307... 1296
Intellectual property, protection PL 100-418 Sec 2206... 1288
of, sense of Congress.
Japan
Arab boycott of Israel, sense PL 100-418 Sec 2209... 1289
of Congress.
Importation of manufactured PL 100-418 Sec 2208... 1288
goods from less developed
countries.
Jewelry trade, facilitation of, PL 100-418 Sec 2210... 1289
sense of Congress.
License application procedures... PL 100-418 Sec 2425... 1308
Market Development Cooperator
Program
Budget Act regulations......... PL 100-418 Sec 2303(d) 1295
Cooperator Partnership Program. PL 100-418 Sec 2303(c) 1294
Implementation of.............. PL 100-418 Sec 2303(b) 1294
Secretary of Commerce authority PL 100-418 Sec 2303(a) 1293
Multilateral Export Control
Enhancement
Findings....................... PL 100-418 Sec 2442... 1310
Mandatory sanctions against PL 100-418 Sec 2443... 1310
Toshiba and Kongsberg.
National security export PL 100-418 Sec 2433... 1308
controls, study.
Overseas Private Investment
Corporation
Reaffirmation of support....... PL 100-418 Sec 2203(a) 1284
Trade and Development Program
Administrative provisions...... PL 100-418 Sec 2204... 1284
Reaffirmation of support....... PL 100-418 Sec 2204(a) 1284
Trade Promotion Coordinating
Committee
Duties......................... PL 100-418 Sec 2312(b) 1298
Establishment and purpose...... PL 100-418 Sec 2312(a) 1298
Member qualifications.......... PL 100-418 Sec 2312(e) 1299
Membership..................... PL 100-418 Sec 2312(d) 1299
Report......................... PL 100-418 Sec 2312(f) 1299
Strategic plan................. PL 100-418 Sec 2312(c) 1298
Trade shows...................... PL 100-418 Sec 2304... 1295
United States and Foreign
Commercial Service
Audits......................... PL 100-418 Sec 2301(g) 1292
Cooperation in Federal PL 100-418 Sec 2301(f) 1292
financing and insurance
programs.
Definitions.................... PL 100-418 Sec 2301(j) 1293
Establishment of............... PL 100-418 Sec 2301(a) 1289
Information dissemination...... PL 100-418 Sec 2301(e) 1292
Offices........................ PL 100-418 Sec 2301(c) 1290
Export Enhancement Act of 1988--
Continued
United States and Foreign
Commercial Service--Continued
Pacific Rim Initiative......... PL 100-418 Sec 2306... 1296
Pay of Assistant Secretary and PL 100-418 Sec 2301(i) 1293
Director General.
Rank of Commercial Service PL 100-418 Sec 2301(d) 1291
officers in foreign missions.
Report......................... PL 100-418 Sec 2301(h) 1293
Statement of purpose........... PL 100-418 Sec 2301(b) 1290
United States-Mexico Framework PL 100-418 Sec 2101... 1282
Agreement on Trade and
Investment.
Wood exports, monitoring......... PL 100-418 Sec 2432... 1308
Worker rights, report............ PL 100-418 Sec 2207... 1288
Export Enhancement Act of 1992..... PL 102-429............ 1274
Export-Import Bank
reauthorization
Declaration of policy.......... PL 102-429 Sec 101.... 1274
Employee compensation.......... PL 102-429 Sec 117.... 1275
Financing of services, report.. PL 102-429 Sec 119.... 1276
Regional offices, report....... PL 102-429 Sec 118.... 1276
Trade finance for Baltic PL 102-429 Sec 120.... 1277
States, independent States of
the former Soviet Union, and
Europe.
Export promotion
Environmental trade promotion, PL 102-429 Sec 204.... 1278
report on insurance
feasibility.
Export Enhancement Act of 1999
Trade Promotion Coordinating
Committee
Primary objectives, PL 106-158 Sec 6...... 1269
implementation of.
Export Expansion Advisory Committee EO 11420 Sec 3........ 1334
Export-Import Bank
Consultation with agencies....... EO 12166 Sec 1-102.... 1328
Delegation of authority.......... EO 12166 Sec 1-101.... 1328
Denial of credit application..... EO 12166 Sec 1-103.... 1328
Effect of derogation of financing PL 71-361 Sec 708..... 496
on countervailing duties.
Export financing for goods and PL 101-510 Sec 4303(a) 1312
services produced by former
defense production firms, sense
of Congress.
International trade functions.... RP No. 3 of 1979 Sec 3 895
Reauthorization
Declaration of policy.......... PL 102-429 Sec 101.... 1274
Employee compensation.......... PL 102-429 Sec 117.... 1275
Financing of services, report.. PL 102-429 Sec 119.... 1276
Regional offices, report....... PL 102-429 Sec 118.... 1276
Trade finance demand for Baltic PL 102-429 Sec 120.... 1277
States, independent States of
the former Soviet Union, and
Central and Eastern Europe.
Tied aid credit program PL 98-181 Sec 644..... 1320
establishment.
U.S. balance of payments
improvement
Appropriations authorization... PL 90-390 Sec 3....... 1333
Defense articles exception..... PL 90-390 Sec 5....... 1333
Limitation of powers........... PL 90-390 Sec 4....... 1333
Losses......................... PL 90-390 Sec 2....... 1332
Policy......................... PL 90-390 Sec 1....... 1332
Export-Import Bank Act Amendments
Export-import programs to the PL 101-240 Sec 103.... 128
People's Republic of China,
prohibitions.
Loan loss reserves, report....... PL 101-240 Sec 101(e). 127
Export-Import Bank Act Amendments PL 95-630............. 1325
of 1978.
Export credit competition
Authorizations................. PL 95-630 Sec 1908.... 1325
Export-Import Bank Act Amendments
of 1978--Continued
Export credit competition--
Continued
Impact of Bank activities on PL 95-630 Sec 1911.... 1326
industries and employment,
report.
Noncompetitive financing offers PL 95-630 Sec 1912.... 1326
Report......................... PL 95-630 Sec 1913.... 1327
Export-Import Bank Act Amendments PL 98-181............. 1319
of 1983.
Tied aid credit export subsidies
Definitions.................... PL 98-181 Sec 647..... 1323
Export-Import Bank program PL 98-181 Sec 644..... 1320
establishment.
Implementation................. PL 98-181 Sec 646..... 1323
Negotiating mandate............ PL 98-181 Sec 643..... 1320
Statement of purpose........... PL 98-181 Sec 642..... 1319
Trade and Development Agency PL 98-181 Sec 645..... 1321
program establishment.
Export-Import Bank Act Amendments
of 1986
Foreign surplus commodities and PL 99-472 Sec 22...... 1317
minerals, opposition of
multilateral assistance for.
PL 99-472 Sec 22...... 1724
Private insurance role, report... PL 99-472 Sec 16...... 1317
U.S. business transactions in, PL 99-472............. 1636
policy toward.
Export-Import Bank Act of 1945..... PL 79-173............. 1215
Aggregate loan, guarantee and PL 79-173 Sec 6....... 1246
insurance authority.
Agricultural commodities export PL 79-173 Sec 2(b).... 1236
assistance.
Angola, prohibition relating to.. PL 79-173 Sec 2(b).... 1238
Capital stock.................... PL 79-173 Sec 4....... 1245
Competitive opportunity for PL 79-173 Sec 2(d).... 1240
insurance companies.
Debt reduction................... PL 79-173 Sec 12...... 1260
Defense articles or services, PL 79-173 Sec 2(b).... 1233
sale of.
Electronic transactions system... PL 79-173 Sec 2(b).... 1225
Enterprise for the Americas PL 79-173 Sec 12...... 1260
Initiative.
Environmental policy and
procedures
Environmental effects PL 79-173 Sec 11(a)... 1258
consideration.
Inclusion in report to Congress PL 79-173 Sec 11(c)... 1259
Interpretation................. PL 79-173 Sec 11(d)... 1260
Programs to encourage certain PL 79-173 Sec 11(b)... 1259
exports.
Export financing programs PL 79-173 Sec 13...... 1262
cooperation.
Fees and premiums................ PL 79-173 Sec 2(c).... 1239
Financing in the national PL 79-173 Sec 2(b).... 1227
interest, Presidential
determination.
Fraud or corruption, authority to PL 79-173 Sec 2(f).... 1242
deny application for assistance.
Functions and obligations PL 79-173 Sec 7....... 1249
subsequent to September 30, 2006.
Guarantees, insurance and PL 79-173 Sec 2(b).... 1218
extensions of credit.
Independent agency status........ PL 79-173 Sec 3....... 1243
Interest rates................... PL 79-173 Sec 2(b).... 1220
International commerce promotion. PL 79-173 Sec 2(b).... 1222
Limitation on assistance which PL 79-173 Sec 2(e).... 1241
adversely affects the United
States.
Market windows................... PL 79-173 Sec 15...... 1263
Marxist-Leninist countries, PL 79-173 Sec 2(b).... 1225
prohibition on aid to.
Medium-term program, enhancement PL 79-173 Sec 2(a).... 1218
of.
Non-nuclear renewable energy PL 79-173 Sec 2(b).... 1222
resources activities.
Export-Import Bank Act of 1945--
Continued
Nuclear safeguard violations, PL 79-173 Sec 2(b).... 1230
country identification.
Outstanding obligations limit.... PL 79-173 Sec 5....... 1246
Participation in operations or PL 79-173 Sec 9....... 1251
transactions.
Poorest, most heavily indebted PL 79-173 Sec 14...... 1262
countries, special debt relief
for.
Prohibition of credit to PL 79-173 Sec 2(b).... 1232
countries engaged in armed
conflict with the United States.
Purpose of bank.................. PL 79-173 Sec 2(a).... 1216
Purpose of transaction statement. PL 79-173 Sec 2(b).... 1228
Renewable energy sources PL 79-173 Sec 2(b).... 1225
promotion.
Reports.......................... PL 79-173 Sec 2(b).... 1219
PL 79-173 Sec 2(b).... 1235
PL 79-173 Sec 8....... 1249
Russian transfers of certain PL 79-173 Sec 2(b).... 1239
missile systems, prohibition
relating to.
Small and rural companies, PL 79-173 Sec 2(b).... 1225
program information.
Small business programs.......... PL 79-173 Sec 2(b).... 1222
Sub-Saharan Africa commitments... PL 79-173 Sec 2(b).... 1237
Tied aid credit program
Administration of.............. PL 79-173 Sec 10(b)... 1253
Authorization.................. PL 79-173 Sec 10(e)... 1256
Consistency with arrangement... PL 79-173 Sec 10(d)... 1256
Coordination with other export PL 79-173 Sec 10(b)... 1253
financing.
Countries which engage in PL 79-173 Sec 10(b)... 1254
official predatory financing.
Definitions.................... PL 79-173 Sec 10(h)... 1257
Establishment of............... PL 79-173 Sec 10(b)... 1252
Findings....................... PL 79-173 Sec 10(a)... 1251
Fund........................... PL 79-173 Sec 10(c)... 1256
Nonreviewability............... PL 79-173 Sec 10(f)... 1256
Principles, process, and PL 79-173 Sec 10(b)... 1254
standards governing use.
Reconsideration of decisions... PL 79-173 Sec 10(b)... 1255
Report......................... PL 79-173 Sec 10(g)... 1256
Transferability of guarantees.... PL 79-173 Sec 2(c).... 1239
Export-Import Bank and Tied Aid PL 100-418............ 1315
Credit Amendments of 1988.
Exports to developing countries, PL 100-418 Sec 3303... 1316
report.
Tied aid credit provisions....... PL 100-418 Sec 3302... 1315
Export-Import Bank Reauthorization PL 107-189............ 1265
Act of 2002.
Administrative expenses, sense of PL 107-189 Sec 4...... 1265
Congress.
Comparative reserve practices of PL 107-189 Sec 14..... 1267
export credit agencies and
private banks, GAO report.
Human rights impact of projects, PL 107-189 Sec 20..... 1267
sense of Congress.
Technology, report............... PL 107-189 Sec 8(c)... 1266
Tied Aid Credit Fund
Expansion of authority to use.. PL 107-189 Sec 10..... 1266
Tribute to John E. Robson, sense PL 107-189 Sec 23..... 1267
of Congress.
Export Policy, Advisory Committee.
See Advisory Committee on Export
Policy
Export Trading Company Act of 1982. PL 97-290............. 809
Bank Export Services Act
Guarantees for export accounts PL 97-290 Sec 206..... 812
receivable and inventory.
Investments in export trading PL 97-290 Sec 205..... 812
companies, report.
Purpose of..................... PL 97-290 Sec 202..... 811
Export Trading Company Act of 1982--
Continued
Certificates of review
Amendment of................... PL 97-290 Sec 304..... 815
Annual reports................. PL 97-290 Sec 308..... 817
Application for issuance of.... PL 97-290 Sec 302..... 813
Definitions.................... PL 97-290 Sec 311..... 818
Guidelines..................... PL 97-290 Sec 307..... 817
Information disclosure......... PL 97-290 Sec 309..... 817
Issuance of.................... PL 97-290 Sec 303..... 814
Judicial review................ PL 97-290 Sec 305..... 816
Protection conferred by........ PL 97-290 Sec 306..... 816
Reporting requirement.......... PL 97-290 Sec 304..... 815
Revocation of.................. PL 97-290 Sec 304..... 815
Rules and regulations.......... PL 97-290 Sec 310..... 818
Secretary of Commerce export PL 97-290 Sec 301..... 813
trade promotion duties.
Definitions...................... PL 97-290 Sec 103..... 810
Findings and purpose............. PL 97-290 Sec 102..... 809
Office of Export Trade in PL 97-290 Sec 104..... 811
Department of Commerce,
establishment of.
Exports. See also specific Act by
name
Agricultural, from beneficiary PL 93-618 Sec 506..... 403
developing countries.
Burma, prohibiting transactions.. EO 13310 Sec 2........ 1652
Clean Diamond Trade Act
Importing and exporting PL 108-19 Sec 6....... 1677
authorities.
Rough diamonds, measures for PL 108-19 Sec 4....... 1677
importation and exportation of.
Commercial service officers and PL 95-118 Sec 1803.... 205
multilateral development bank
procurement.
Continuation of control EO 13222.............. 1440
regulations.
Arms Export Control Act EO 13222 Sec 3........ 1441
authority.
Authority delegations.......... EO 13222 Sec 1........ 1440
EO 13222 Sec 2........ 1441
Countertrade and barter EO 12661 Sec 2-101.... 909
Defense Production Act Amendments
of 1992
Declaration of offset policy... PL 102-558 Sec 123.... 1437
Developing countries, report..... PL 100-418 Sec 3303... 1316
Environmental trade promotion, PL 102-429 Sec 204.... 1278
report on insurance feasibility.
Exchange rates and international
economic policy coordination
Definitions.................... PL 100-418 Sec 3006... 746
Findings....................... PL 100-418 Sec 3002... 743
International negotiations..... PL 100-418 Sec 3004... 745
Reporting requirements......... PL 100-418 Sec 3005... 745
Statement of policy............ PL 100-418 Sec 3003... 744
Filing information............... 13 USC Sec 304........ 1720
Iraq, prohibition on PL 101-515 Sec 608.... 1576
supercomputer licensing.
Japan
Coal to........................ PL 100-418 Sec 1933... 741
Purchases of U.S.-made PL 100-418 Sec 1934... 742
automotive parts.
License restrictions for PL 101-513 Sec 586I... 1574
countries assisting Iraq's
weapons capability.
Military-related
Annual report on impact of 50 USC App Sec 2099... 1435
offsets.
Multilateral development bank PL 95-118 Sec 1801.... 204
procurement.
Office of Export Trade, PL 97-290 Sec 104..... 811
establishment of.
Penalties for unlawful
information activities
Civil penalties................ 13 USC Sec 305........ 1721
Criminal penalties............. 13 USC Sec 305(a)..... 1721
Enforcement.................... 13 USC Sec 305(d)..... 1722
Exports--Continued
Penalties for unlawful
information activities--
Continued
Exemption...................... 13 USC Sec 305(f)..... 1722
Regulations.................... 13 USC Sec 305(e)..... 1722
President's Export Council....... EO 12131.............. 1452
Administrative provisions...... EO 12131 Sec 1-3...... 1453
Establishment of............... EO 12131 Sec 1-1...... 1452
Functions...................... EO 12131 Sec 1-2...... 1452
General provisions............. EO 12131 Sec 1-4...... 1453
Membership..................... EO 12131 Sec 1-1...... 1452
Price............................ PL 71-361 Sec 772..... 574
Procurement opportunities for PL 95-118 Sec 1802.... 205
U.S. firms.
Relief from unfair trade PL 93-618 Sec 305(b).. 364
practices, alternative actions.
Small businesses................. PL 100-418 Sec 8011... 774
Steel, voluntary limitations on PL 93-618 Sec 607..... 408
export to the United States.
Syria, prohibition of certain EO 13338 Sec 1........ 1623
goods.
Trade policy, study.............. PL 96-39 Sec 1110..... 865
Uniform statistical data......... PL 93-618 Sec 608..... 409
Wine Equity and Export Expansion
Act of 1984
Definitions.................... PL 98-573 Sec 903..... 806
Designation of major wine PL 98-573 Sec 904..... 806
trading countries.
Findings and purposes.......... PL 98-573 Sec 902..... 805
Promotion for U.S. wine........ PL 98-573 Sec 907..... 808
Required consultations......... PL 98-573 Sec 906..... 808
Tariff and nontariff barriers PL 98-573 Sec 905..... 807
affecting U.S. wine, actions
to reduce or eliminate.
F
Fair competition
International Anti-Bribery and PL 105-366............ 1754
Fair Competition Act of 1998.
Enforcement and monitoring..... PL 105-366 Sec 6...... 1756
International organizations PL 105-366 Sec 5...... 1754
providing commercial
communications services,
treatment.
Fair Trade in Auto Parts Act of PL 100-418............ 1282
1988.
Definition....................... PL 100-418 Sec 2122... 1282
Expiration date.................. PL 100-418 Sec 2125... 1284
Japan............................ PL 100-418 Sec 2123... 1282
PL 100-418 Sec 2124... 1283
Fair Trade in Automotive Parts Act PL 105-261............ 1271
of 1998.
Definitions...................... PL 105-261 Sec 3802... 1271
Sales to Japan, re-establishment PL 105-261 Sec 3803... 1271
of initiative.
Special Advisory Committee on PL 105-261 Sec 3804... 1272
sales in Japanese and other
Asian markets.
Farmers
Trade adjustment assistance
Definitions.................... PL 93-618 Sec 291..... 349
Group eligibility.............. PL 93-618 Sec 292..... 350
International Trade Commission PL 93-618 Sec 294..... 352
investigation, Secretary of
Agriculture study.
Petitions...................... PL 93-618 Sec 292..... 350
Secretary of Agriculture PL 93-618 Sec 293..... 351
determinations.
FDA. See Food and Drug
Administration
FDIC. See Federal Deposit Insurance
Corporation
Federal Deposit Insurance
Corporation
Equal representation for......... PL 98-181 Sec 912..... 233
Federal Reserve System
Presidential certification PL 104-6 Sec 406...... 211
regarding swap of currencies to
Mexico.
Federal Triangle Development Act... PL 100-113............ 779
International cultural and trade
center
Annual report.................. PL 100-113 Sec 8(h)... 785
Budget......................... PL 100-113 Sec 8(h)... 785
Establishment of............... PL 100-113 Sec 8(b)... 783
Lease of space................. PL 100-113 Sec 8(a)... 782
Rents and fees................. PL 100-113 Sec 8(c)... 784
Separate account............... PL 100-113 Sec 8(d)... 784
International Cultural and Trade
Center Commission
Duties of...................... PL 100-113 Sec 7(b)... 779
Establishment of............... PL 100-113 Sec 7(a)... 779
Expenses limitation............ PL 100-113 Sec 7(g)... 782
Funding........................ PL 100-113 Sec 7(h)... 782
Membership..................... PL 100-113 Sec 7(c)... 779
Office space and supplies...... PL 100-113 Sec 7(e)... 781
Powers of...................... PL 100-113 Sec 7(f)... 781
Staff.......................... PL 100-113 Sec 7(d)... 780
Financial Reports Act of 1988...... PL 100-418............ 755
Bank loan loss reserves.......... PL 100-418 Sec 3604... 756
Fair trade in financial services. PL 100-418 Sec 3603... 756
Foreign treatment of U.S. PL 100-418 Sec 3602... 755
financial institutions,
quadrennial reports.
Fishery resources
Conservation of.................. PL 71-361 Sec 323..... 423
Negotiations regarding Canadian PL 100-449 Sec 304(e). 1008
controls.
Food and Drug Administration
Sanitary and phytosanitary
measures
Equivalence determinations..... PL 96-39 Sec 492...... 862
Foreign commerce and trade
statistics
Collection....................... 13 USC Sec 301........ 1717
Delayed filings.................. 13 USC Sec 304........ 1720
Delegation of functions.......... 13 USC Sec 306........ 1722
Filing export information........ 13 USC Sec 304........ 1720
Penalties for failure to file.... 13 USC Sec 304........ 1720
Penalties for unlawful export
information activities
Civil penalties................ 13 USC Sec 305........ 1721
Criminal penalties............. 13 USC Sec 305(a)..... 1721
Enforcement.................... 13 USC Sec 305(d)..... 1722
Exemption...................... 13 USC Sec 305(f)..... 1722
Regulations.................... 13 USC Sec 305(e)..... 1722
Publication...................... 13 USC Sec 301........ 1717
Relationship to general census 13 USC Sec 307........ 1723
law.
Rules, regulations, and orders... 13 USC Sec 302........ 1719
Secretary of Treasury functions.. 13 USC Sec 303........ 1720
Foreign Commercial Service. See
United States and Foreign
Commercial Service
Foreign Corrupt Practices Act
Amendments of 1988
International agreement.......... PL 100-418 Sec 5003... 1752
Foreign Corrupt Practices Act of PL 95-213............. 1741
1977.
Prohibited foreign trade
practices by domestic concerns
Affirmative defenses........... PL 95-213 Sec 104(c).. 1743
Alternative jurisdiction....... PL 95-213 Sec 104(i).. 1747
Attorney General and........... PL 95-213 Sec 104..... 1744
Definitions.................... PL 95-213 Sec 104(h).. 1746
Foreign Corrupt Practices Act of
1977--Continued
Prohibited foreign trade
practices by domestic concerns--
Continued
Exception for routine PL 95-213 Sec 104(b).. 1742
governmental action.
Injunctive relief.............. PL 95-213 Sec 104(d).. 1743
Penalties...................... PL 95-213 Sec 104(g).. 1745
Prohibition.................... PL 95-213 Sec 104(a).. 1741
Prohibited foreign trade
practices by persons other than
issuers or domestic concerns
Affirmative defenses........... PL 95-213 Sec 104A(c). 1749
Definitions.................... PL 95-213 Sec 104A(f). 1750
Governmental action exception.. PL 95-213 Sec 104A(b). 1749
Injunctive relief.............. PL 95-213 Sec 104A(d). 1749
Penalties...................... PL 95-213 Sec 104A.... 1748
PL 95-213 Sec 104A(e). 1750
Prohibition.................... PL 95-213 Sec 104A(a). 1748
Foreign Currency Reports........... 31 USC................ 236
Civil penalties.................. 31 USC Sec 5321....... 237
Coins and currency received in 31 USC Sec 5331....... 240
nonfinancial trade or business,
reports.
Injunctions...................... 31 USC Sec 5320....... 237
Reports on foreign currency 31 USC Sec 5315....... 236
transactions.
Foreign Debt Reserving Act of 1989. PL 101-240 Title IV... 129
Additional reserve requirements.. PL 101-240 Sec 402.... 129
Agreements to reduce debt burden PL 101-240 Sec 406.... 131
accompanied by trade
liberalization, sense of
Congress.
Capital flight, study on PL 101-240 Sec 404.... 130
elimination of.
Debt reduction for highly PL 101-240 Sec 405.... 131
indebted countries, developing
U.S. policy.
Linkage of debt reduction loans PL 101-240 Sec 407.... 132
to reduction in drug trafficking.
Mark to market accounting, report PL 101-240 Sec 403.... 129
requirements.
Foreign direct investment
Negotiating authority with PL 98-573 Sec 307..... 794
respect to.
Foreign Direct Investment and PL 101-533............ 1706
International Financial Data
Improvements Act of 1990.
Access to information............ PL 101-533 Sec 8...... 1710
Confidentiality.................. PL 101-533 Sec 8...... 1710
Definitions...................... PL 101-533 Sec 10..... 1712
Effect of Act.................... PL 101-533 Sec 9(a)... 1712
Findings......................... PL 101-533 Sec 2...... 1706
GAO report....................... PL 101-533 Sec 4...... 1709
Implementation................... PL 101-533 Sec 9(b)... 1712
Secretary of Commerce report..... PL 101-533 Sec 3...... 1707
Foreign investment. See Committee
on Foreign Investment in the
United States
Foreign Investment Study Act of PL 93-479............. 1691
1974.
Appropriations authorization..... PL 93-479 Sec 11...... 1695
Authorities...................... PL 93-479 Sec 2....... 1691
PL 93-479 Sec 4....... 1691
PL 93-479 Sec 5....... 1691
PL 93-479 Sec 6....... 1692
Definitions and limitations PL 93-479 Sec 3....... 1691
determination.
Enforcement...................... PL 93-479 Sec 8....... 1694
Powers........................... PL 93-479 Sec 7....... 1693
Report........................... PL 93-479 Sec 10...... 1695
Services of experts and PL 93-479 Sec 9....... 1695
consultants.
Foreign missions
Commercial Service officers rank. PL 100-418 Sec 2301(d) 1291
Foreign Narcotics Kingpin PL 106-120............ 1489
Designation Act.
Foreign Narcotics Kingpin
Designation Act--Continued
Authorities...................... PL 106-120 Sec 806.... 1494
Blocking assets.................. PL 106-120 Sec 805.... 1493
Definitions...................... PL 106-120 Sec 808.... 1496
Enforcement...................... PL 106-120 Sec 807.... 1495
Findings and policy.............. PL 106-120 Sec 802.... 1489
Judicial Review Commission on PL 106-120 Sec 810.... 1496
Foreign Asset Control.
Prohibiting transactions......... PL 106-120 Sec 805(c). 1494
Public identification............ PL 106-120 Sec 804.... 1490
Purpose.......................... PL 106-120 Sec 803.... 1490
Reports.......................... PL 106-120 Sec 804.... 1490
Foreign Operations Appropriations PL 109-102............ 220
Instructions, FY 2006.
Anticorruption provisions........ PL 109-102 Sec 599D... 223
Special debt relief for the PL 109-102 Sec 565.... 222
poorest.
Surplus commodities.............. PL 109-102 Sec 514.... 221
United States Executive Directors PL 109-102 Sec 501.... 220
to international financial
institutions, compensation for.
War criminals.................... PL 109-102 Sec 561.... 221
Foreign Service Act of 1980
International trade functions EO 12188 Sec 1-104.... 905
authority.
Foreign Shipping Practices Act of PL 100-418............ 775
1988.
Foreign laws and practices
Actions against foreign PL 100-418 Sec 776
carriers. 10002(e).
PL 100-418 Sec 777
10002(h).
Actions upon request of the PL 100-418 Sec 777
Commission. 10002(f).
Authority to conduct PL 100-418 Sec 775
investigations. 10002(b).
Definitions.................... PL 100-418 Sec 775
10002(a).
Information requests........... PL 100-418 Sec 776
10002(d).
Investigations................. PL 100-418 Sec 775
10002(c).
Report......................... PL 100-418 Sec 777
10002(g).
Review of actions.............. PL 100-418 Sec 777
10002(i).
Foreign surplus commodities and
minerals
Opposition of multilateral PL 99-472 Sec 22...... 1724
assistance for.
Foreign tax credit
Denial of to certain countries... PL 99-514 Sec 901..... 1478
Free trade agreements. See United
States free trade agreements by
individual country
Free trade area countries
Binational panel review of PL 71-361 Sec 516A(g). 460
countervailing duty and
antidumping duty proceedings.
FREEDOM Support Act of 1992........ PL 102-511............ 212
Independent states of the former
Soviet Union
Debt held by commercial PL 102-511 Sec 1007... 213
financial institutions, report.
Multilateral investment PL 102-511 Sec 1009... 213
guarantees for.
Support for macroeconomic PL 102-511 Sec 1004... 212
stabilization in.
Funding for mines
Opposition to funding of copper PL 99-88 Sec 501...... 214
commodity production.
U.S. policies.................... PL 99-88 Sec 502...... 214
G
GAO. See Government Accountability
Office
GATT. See General Agreement on
Tariffs and Trade
General Accounting Office. See
Government Accountability Office
General Agreement on Tariffs and
Trade
Accession of state trading PL 100-418 Sec 1106... 705
regimes.
Appropriations authorization..... PL 93-618 Sec 121..... 267
Coverage expansion............... PL 96-39 Sec 304...... 834
Improvement of trade negotiation PL 100-418 Sec 1101(b) 691
agreements.
Limitations on imposing sanctions PL 96-39 Sec 305(h)... 842
Monitoring and enforcement....... PL 96-39 Sec 305...... 835
Operation of, Presidential report PL 96-39 Sec 203...... 829
Renegotiation to secure full and PL 96-39 Sec 305(i)... 842
open competition.
Rules of origin.................. PL 96-39 Sec 305(b)... 836
State trading regimes, accession EO 12661 Sec 1-101.... 908
of.
Violations of.................... PL 96-39 Sec 305(f)... 839
Working party on worker rights... PL 103-465 Sec 131.... 674
Generalized System of Preferences
Harmonized Tariff Schedule Gen. note 3........... 879
Gen. note 4........... 884
Harmonized Tariff Schedule PL 100-418 Sec 1211(b) 718
transition.
Prompt provision of treatment to PL 102-182 Sec 104.... 1197
products of Estonia, Latvia, and
Lithuania, sense of Congress.
Trade Agreements Program EO 11846 Sec 8........ 902
administration.
Genocide
U.S. disassociation from foreign PL 95-435 Sec 5....... 39
governments engaging in, sense
of Congress.
Georgia
Normal trade relations
Findings....................... PL 106-476 Sec 3001... 1174
Termination of application of PL 106-476 Sec 3002... 1175
Title IV of the Trade Act of
1974.
Trade Act of 1974 waiver......... EO 12809.............. 1203
German Democratic Republic
Trade Act of 1974 waiver......... EO 12726.............. 1210
Global Environmental Protection
Assistance Act of 1989
Negotiations policy.............. PL 101-240 Sec 722.... 137
U.S. policy, sense of Congress... PL 101-240 Sec 721.... 137
Global Tobacco Control and EO 13193.............. 928
Prevention.
General provisions............... EO 13193 Sec 3........ 929
Policy........................... EO 13193 Sec 1........ 928
Responsibilities of Federal EO 13193 Sec 2........ 928
departments and agencies.
Gold Reserve Act of 1934
Subscriptions payment............ PL 79-171 Sec 7....... 8
Gonzalez amendment................. PL 86-565 Sec 12...... 44
PL 89-369 Sec 18...... 87
Good Neighbor Environmental Board
Establishment authority.......... EO 12916 Sec 10....... 1067
Government Accountability Office
Audit authority.................. PL 98-181 Sec 911..... 231
Clean Diamond Trade Act, report.. PL 108-19 Sec 13...... 1680
Comparative reserve practices of PL 107-189 Sec 14..... 1267
export credit agencies and
private banks, report.
Export controls on high PL 105-85 Sec 1214.... 1429
performance computers.
Foreign direct investment report. PL 101-533 Sec 4...... 1709
Trade adjustment assistance, PL 93-618 Sec 280..... 342
report.
Government procurement
Actions, report on............... PL 96-39 Sec 305(k)... 842
Civil aircraft, waiver of PL 96-39 Sec 303...... 834
discriminatory purchasing
requirements.
Consultation..................... PL 96-39 Sec 305(e)... 839
Definitions...................... PL 96-39 Sec 308...... 843
Discrimination procedures........ PL 96-39 Sec 305(g)... 841
Discrimination purchasing PL 96-39 Sec 301...... 830
requirements, general authority
to modify.
European Community,
implementation of agreement with
Buy American Act provisions.... EO 12849 Sec 1........ 1075
Order application.............. EO 12849 Sec 3........ 1075
EO 12849 Sec 4........ 1075
Rule of origin................. EO 12849 Sec 2........ 1075
United States Trade EO 12849 Sec 5........ 1075
Representative
responsibilities.
Expansion of the coverage of the PL 96-39 Sec 304...... 834
General Agreement on Tariffs and
Trade.
Federal Register notices of PL 96-39 Sec 305(j)... 842
actions.
Foreign discrimination, annual PL 96-39 Sec 305(d)... 836
report.
Information to Congressional PL 96-39 Sec 307...... 843
advisers, availability of.
Monitoring and enforcement....... PL 96-39 Sec 305...... 835
Reciprocal competitive PL 96-39 Sec 302...... 831
procurement practices, authority
to encourage.
Report to Congress............... PL 96-39 Sec 305(c)... 836
Rules of origin.................. PL 96-39 Sec 305(b)... 836
Sanctions, limitations on PL 96-39 Sec 305(h)... 842
imposing.
Violations of the General PL 96-39 Sec 305(f)... 839
Agreement on Tariffs and Trade.
Grassroots Collaboration Program
Proposal for establishment....... PL 95-118 Sec 1602(a). 176
Report........................... PL 95-118 Sec 1602(e). 177
Sense of Congress................ PL 95-118 Sec 1602(b). 177
PL 95-118 Sec 1602(c). 177
Greenhouse gases
Intensity reducing technology PL 101-240 Sec 735.... 140
export initiative.
Reduction of intensity........... PL 101-240 Sec 732.... 138
Trade-related barriers to export PL 101-240 Sec 734.... 140
of intensity reducing
technologies.
Grenada. See Caribbean Basin
Economic Recovery Act
GSP. See Generalized System of
Preferences
Guatemala. See Caribbean Basin
Economic Recovery Act
Gum arabic
From Sudan....................... PL 106-476 Sec 1464... 1666
Guyana. See Caribbean Basin
Economic Recovery Act
H
Haiti. See Caribbean Basin Economic
Recovery Act
Harmonized Commodity Description
and Coding System
Commission review and PL 100-418 Sec 1205... 714
recommendations.
Congressional approval of U.S. PL 100-418 Sec 1203... 712
accession to the Convention.
Coordination of trade policy and PL 100-418 Sec 1209... 716
the Convention.
Customs Cooperation Council PL 100-418 Sec 1210... 716
regarding the Convention, U.S.
participation.
Harmonized Commodity Description
and Coding System--Continued
Definitions...................... PL 100-418 Sec 1202... 711
Harmonized Tariff Schedule
Commission report on operation PL 100-418 Sec 1216... 720
of.
Enactment of................... PL 100-418 Sec 1204... 712
Existing executive actions..... PL 100-418 Sec 1211(a) 717
GSP conversion................. PL 100-418 Sec 1211(b) 718
Import restrictions under the PL 100-418 Sec 1211(c) 718
Agricultural Adjustment Act.
Protests and petitions under PL 100-418 Sec 1211(d) 718
customs law.
Publication of................. PL 100-418 Sec 1207... 715
Reference to................... PL 100-418 Sec 1212... 720
Import and export statistics..... PL 100-418 Sec 1208... 716
Presidential action on Commission PL 100-418 Sec 1206... 715
recommendations.
Purposes......................... PL 100-418 Sec 1201... 711
Harmonized Tariff Schedule
Beneficiary developing countries,
products of
African Growth and Opportunity Gen. note 16.......... 889
Act.
Andean Trade Preference Act.... Gen. note 11.......... 889
Caribbean Basin Economic Gen. note 7........... 888
Recovery Act.
Generalized System of Gen. note 4........... 884
Preferences.
United States-Caribbean Basin Gen. note 17.......... 890
Trade Partnership Act of 2000.
Commission report on operation of PL 100-418 Sec 1216... 720
Enactment of..................... PL 100-418 Sec 1204... 712
Existing executive actions....... PL 100-418 Sec 1211(a) 717
Freely associated states, Gen. note 10.......... 889
products of.
PL 93-618 Sec 604..... 408
Publication of................... PL 100-418 Sec 1207... 715
Rates of duty.................... Gen. note 3........... 879
Reference to..................... PL 100-418 Sec 1212... 720
Transition
GSP conversion................. PL 100-418 Sec 1211(b) 718
Import restrictions under the PL 100-418 Sec 1211(c) 718
Agricultural Adjustment Act.
Protests and petitions under PL 100-418 Sec 1211(d) 718
customs law.
United States-Australia Free Gen. note 28.......... 892
Trade Agreement Implementation
Act.
United States-Chile Free Trade Gen. note 26.......... 891
Agreement.
United States-Israel Free Trade Gen. note 8........... 888
Implementation Act of 1985.
United States-Jordan Free Trade Gen. note 18.......... 891
Area Implementation Act.
United States-Morocco Free Trade Gen. note 27.......... 891
Agreement Implementation Act.
United States-Singapore Free Gen. note 25.......... 891
Trade Agreement.
Health and Human Services
Department
Tobacco control and prevention, EO 13193 Sec 2........ 928
global responsibilities.
Heavily indebted poor countries
Debt relief...................... PL 106-429 Sec 801.... 216
Enhanced HIPC Initiative, PL 95-118 Sec 1625.... 196
modification of.
Improvement of................... PL 95-118 Sec 1623.... 193
Limited purpose Special Drawing PL 100-418 Sec 3123... 752
Rights for.
HHS. See Health and Human Services
Department
High technology products. See
Technology
HIPC. See Heavily indebted poor
countries
HIV/AIDS
Enhanced HIPC Initiative, PL 95-118 Sec 1625.... 196
modification of.
Sub-Sahara Africa, effect on PL 106-200 Sec 105(e). 1081
workforce.
HIV/AIDS pharmaceuticals........... EO 13155.............. 925
Policy........................... EO 13155 Sec 1........ 925
Rationale........................ EO 13155 Sec 2........ 925
Scope............................ EO 13155 Sec 3........ 926
Hogs
Imports from Canada.............. PL 98-573 Sec 250..... 789
Honduras. See Caribbean Basin
Economic Recovery Act
Honey
Imports study.................... PL 98-573 Sec 246..... 788
Hong Kong Policy Act of 1992....... PL 102-383............ 1160
Bilateral ties with the United PL 102-383 Sec 101.... 1161
States, sense of Congress.
Commerce with the United States, PL 102-383 Sec 103.... 1162
sense of Congress.
Consultation with Congress....... PL 102-383 Sec 204.... 1166
Continued application of U.S. law PL 102-383 Sec 201.... 1165
Cultural and educational PL 102-383 Sec 105.... 1164
exchanges, sense of Congress.
Definitions...................... PL 102-383 Sec 3...... 1161
Findings and declarations........ PL 102-383 Sec 2...... 1160
Participation in multilateral PL 102-383 Sec 102.... 1162
organizations, rights under
international agreements, and
trade status.
Presidential order............... PL 102-383 Sec 202.... 1165
Reports
Requirements................... PL 102-383 Sec 301.... 1166
Separate part of country PL 102-383 Sec 302.... 1167
reports.
Rules and regulations............ PL 102-383 Sec 203.... 1166
Transportation, sense of Congress PL 102-383 Sec 104.... 1164
HTS. See Harmonized Tariff Schedule
Human rights. See also individual
country
Export-Import Bank project PL 107-189 Sec 20..... 1267
impact, sense of Congress.
International financial
institutions policies
Development of standard for PL 95-118 Sec 703..... 155
protection of rights.
Salaries and benefits of PL 95-118 Sec 704..... 155
employees.
Standards to be considered in PL 95-118 Sec 705..... 156
connection with applications
for assistance.
U.S. policies.................. PL 95-118 Sec 701..... 152
Human welfare
International financial
institutions
Debt-for-development swap...... PL 95-118 Sec 1608.... 181
PL 95-118 Sec 1610.... 183
Enhanced HIPC Initiative, PL 95-118 Sec 1625.... 196
modification of.
Enhanced Structural Adjustment PL 95-118 Sec 1624.... 194
Facility, reform of.
Equal employment opportunities. PL 95-118 Sec 1619.... 191
Fair labor practices, PL 95-118 Sec 1621.... 191
encouragement of.
Government-owned enterprises in PL 95-118 Sec 1612.... 185
countries receiving IADB
loans, directives regarding.
Government-owned enterprises in PL 95-118 Sec 1607.... 181
countries receiving World Bank
loans, directives regarding.
Human welfare--Continued
International financial
institutions--Continued
Grassroots Collaboration PL 95-118 Sec 1602.... 176
Program, proposal for
establishment.
Guidelines..................... PL 95-118 Sec 1601.... 175
Heavily Indebted Poor Countries PL 95-118 Sec 1623.... 193
Initiative, improvement of.
Illicit narcotics, loan PL 95-118 Sec 1606.... 180
programs to reduce economic
dependence on.
Impact of multilateral PL 95-118 Sec 1605.... 179
development bank activities on
indigenous people.
Increasing access of World Bank PL 95-118 Sec 1603(a). 178
activities to the poor.
Increasing productive economic PL 95-118 Sec 1613.... 185
participation of the poor,
reports.
Interaction between the PL 95-118 Sec 1617.... 190
International Bank for
Reconstruction and Development
and nongovernmental
organizations.
Involvement of women in PL 95-118 Sec 1604.... 178
multilateral development bank
activities.
Microenterprise credit PL 95-118 Sec 1603(c). 178
promotion activities, report.
Multilateral development bank PL 95-118 Sec 1622.... 192
definition.
Population, health and PL 95-118 Sec 1618.... 191
nutrition programs.
Program for the Financing of PL 95-118 Sec 1603(b). 178
Small Projects.
Respect for indigenous peoples. PL 95-118 Sec 1620.... 191
Sub-Saharan Africa, initiation PL 95-118 Sec 1609.... 182
of discussions to facilitate
financing of programs.
Terrorist states, opposition to PL 95-118 Sec 1621.... 192
assistance to.
Well-being of the poor, PL 95-118 Sec 1611.... 184
assistance to countries to
develop statistical assessment
of.
Pending multilateral development PL 95-118 Sec 1703.... 201
bank loans, effect of.
Special debt relief for the PL 109-102 Sec 565.... 222
poorest.
Humanitarian relief
Cuba, condemnation of attack on PL 104-114 Sec 116.... 1532
American aircraft.
Hungary
Most-favored-nation treatment
Findings....................... PL 102-182 Sec 1(a)... 1194
Preparatory Presidential action PL 102-182 Sec 1(b)... 1194
Termination of application of PL 102-182 Sec 2...... 1195
Title IV of the Trade Act of
1974.
Trade Act of 1974 waiver....... EO 12051.............. 1213
I
IADB. See Inter-American
Development Bank
IBIAs. See Integrated Border
Inspection Areas
IBRD. See International Bank for
Reconstruction and Development
IDA. See International Development
Association
IEEPA. See International Emergency
Economic Powers Act
IFI. See International financial
institutions
IMF. See International Monetary
Fund; International Monetary Fund/
World Bank Group
Immigration
Trade relations with certain
countries
Freedom to emigrate............ PL 93-618 Sec 402..... 371
PL 93-618 Sec 409..... 382
Imports. See also individual
country; National Emergencies Act
Burma
Ban against trade supporting PL 108-61 Sec 3....... 1641
military regime.
Prohibiting transactions....... EO 13310 Sec 3........ 1653
Canada
Hogs and pork products......... PL 98-573 Sec 250..... 789
Relief from articles........... PL 100-449 Sec 302.... 1002
Certification methods study...... PL 100-418 Sec 1429... 737
Clean Diamond Trade Act.......... PL 108-19............. 1674
Definitions.................... PL 108-19 Sec 3....... 1675
Enforcement.................... PL 108-19 Sec 8....... 1678
Findings....................... PL 108-19 Sec 2....... 1674
GAO report..................... PL 108-19 Sec 13...... 1680
Implementation................. EO 13312.............. 1681
Importing and exporting PL 108-19 Sec 6....... 1677
authorities.
Kimberley Process PL 108-19 Sec 11...... 1679
Implementation Coordinating
Committee.
Regulatory authority........... PL 108-19 Sec 5....... 1677
Reports........................ PL 108-19 Sec 12...... 1679
Rough diamonds, measures for PL 108-19 Sec 4....... 1677
importation and exportation of.
Sense of Congress.............. PL 108-19 Sec 10...... 1678
Statement of policy............ PL 108-19 Sec 7....... 1678
Technical assistance........... PL 108-19 Sec 9....... 1678
Copper........................... PL 98-573 Sec 247..... 788
Cuba
Enforcement of restrictions.... PL 100-418 Sec 1911... 741
Prohibition on................. PL 106-387 Sec 909.... 1487
Safeguard against certain PL 104-114 Sec 110.... 1528
products.
Discrimination by foreign
countries
Additional duties.............. PL 71-361 Sec 338(a).. 445
Application of proclamation.... PL 71-361 Sec 338(c).. 446
Ascertainment of PL 71-361 Sec 338(g).. 447
discriminations.
Definitions.................... PL 71-361 Sec 338(i).. 447
Duties to offset benefits to PL 71-361 Sec 338(e).. 446
third country.
Duties to offset commercial PL 71-361 Sec 338(d).. 446
disadvantages.
Exclusion from importation..... PL 71-361 Sec 338(b).. 446
Forfeiture of articles......... PL 71-361 Sec 338(f).. 447
Rules and regulations of PL 71-361 Sec 338(h).. 447
Secretary of Treasury.
Eligible articles designation.... PL 93-618 Sec 503(b).. 398
Gum arabic from the Sudan........ PL 106-476 Sec 1464... 1666
Honey, study on.................. PL 98-573 Sec 246..... 788
Import license auction........... PL 96-39 Sec 1102..... 864
Imposition of small uniform fee.. PL 100-418 Sec 1428... 736
Industries injured by competition
Action by President............ PL 93-618 Sec 203..... 326
Action with regard to other PL 93-618 Sec 204(e).. 334
provisions.
Agreements..................... PL 93-618 Sec 203(f).. 332
Commission recommendations..... PL 93-618 Sec 202(e).. 323
Commission report.............. PL 93-618 Sec 202(f).. 324
Imports--Continued
Industries injured by
competition--Continued
Evaluation of effectiveness of PL 93-618 Sec 204(d).. 334
action.
Expedited consideration of PL 93-618 Sec 202(g).. 325
adjustment assistance
petitions.
Extension of action............ PL 93-618 Sec 204(c).. 334
Implementation of action PL 93-618 Sec 203(c).. 329
recommended by Commission.
Investigations and PL 93-618 Sec 202(b).. 317
determinations by Commission.
PL 93-618 Sec 202(c).. 318
Limitations on actions......... PL 93-618 Sec 203(e).. 330
Limitations on investigations.. PL 93-618 Sec 202(h).. 326
Limited disclosure of PL 93-618 Sec 202(i).. 326
confidential business
information under protective
order.
Monitoring of action........... PL 93-618 Sec 204(a).. 333
Petitions and adjustment plans. PL 93-618 Sec 202(a).. 315
Positive adjustment to import PL 93-618 Sec 201..... 314
competition, action to
facilitate.
Provisional relief............. PL 93-618 Sec 202(d).. 320
Reduction, modification, and PL 93-618 Sec 204(b).. 333
termination of action.
Regulations.................... PL 93-618 Sec 203(g).. 332
Time for taking effect of PL 93-618 Sec 203(d).. 329
certain relief.
International Coffee Agreement
Act of 1980
Presidential powers and duties. PL 96-599 Sec 2....... 1734
Iraqi cultural antiquities, PL 108-429 Sec 3002... 613
emergency protection of.
Lamb meat........................ PL 100-418 Sec 1937... 743
Machine tool import arrangements PL 100-418 Sec 1501... 738
enforcement.
Prohibited
Convict-made goods............. PL 71-361 Sec 307..... 418
Dog and cat fur products....... PL 71-361 Sec 308..... 419
Sanctions for export violations.. PL 87-794 Sec 233..... 870
Steel
United States Trade EO 12661 Sec 1-301.... 908
Representative functions.
Steel imports into the United
States
Findings....................... PL 105-277 Sec 111(a). 665
Sense of Congress.............. PL 105-277 Sec 111(b). 666
Trade barriers established by PL 100-418 Sec 1936... 743
auto producing countries and
impact on U.S. market.
Unfair practices in trade........ PL 71-361 Sec 337..... 435
Cease and desist orders........ PL 71-361 Sec 337(f).. 441
Complaints..................... PL 71-361 Sec 337(g).. 441
Confidential information....... PL 71-361 Sec 337(n).. 445
Definition of United States.... PL 71-361 Sec 337(m).. 444
Determinations................. PL 71-361 Sec 337(c).. 438
Exclusion of articles from PL 71-361 Sec 337..... 439
entry.
Forfeiture..................... PL 71-361 Sec 337(i).. 442
Importation by or for the PL 71-361 Sec 337(l).. 444
United States.
Investigations of violations by PL 71-361 Sec 337(b).. 436
Commission.
Period of effectiveness........ PL 71-361 Sec 337(k).. 444
Referrals to the President..... PL 71-361 Sec 337(j).. 443
Review......................... PL 71-361 Sec 337(c).. 438
Sanctions...................... PL 71-361 Sec 337(h).. 442
Uniform fee...................... EO 12661 Sec 1-501.... 908
Uniform statistical data......... PL 93-618 Sec 608..... 409
Imports--Continued
Wool articles
Refund of duties............... PL 106-200 Sec 505.... 656
Wool Research, Development, and PL 106-200 Sec 506.... 657
Promotion Trust Fund.
Yugoslavia
Prohibiting transactions....... PL 104-208 Sec 533.... 1656
Indentured child labor prohibition. EO 13126.............. 920
Independent states of the former
Soviet Union
Cuban government, assistance to.. PL 104-114 Sec 106.... 1525
Debt held by commercial financial PL 102-511 Sec 1007... 213
institutions, report.
Export-Import Bank trade finance, PL 102-429 Sec 120.... 1277
report.
International Finance Corporation PL 84-350 Sec 15...... 55
support for economic
restructuring.
Multilateral investment PL 102-511 Sec 1009... 213
guarantees for.
Support for macroeconomic PL 102-511 Sec 1004... 212
stabilization in.
Indian tribes
Export promotion................. PL 100-418 Sec 2307... 1296
Industries
Trade adjustment assistance
Action where there is PL 93-618 Sec 264..... 341
affirmative finding.
International Trade Commission PL 93-618 Sec 264..... 341
investigation, study by
Secretary of Commerce.
Petitions and determinations... PL 93-618 Sec 251..... 340
Technical assistance........... PL 93-618 Sec 265..... 342
Integrated Border Inspection Areas
Creation of...................... PL 108-429 Sec 1560(b) 611
Intellectual property rights
Identification of countries PL 93-618 Sec 182..... 310
denying adequate protection or
market access for.
Identification of countries PL 100-418 Sec 1303... 720
denying protection of.
Principal trade negotiating PL 100-418 Sec 1101(b) 694
objectives.
Protection of
Findings and purposes.......... PL 100-418 Sec 1341... 725
Sense of Congress.............. PL 100-418 Sec 2206... 1288
Protection under Tariff Act of PL 100-418 Sec 1342... 725
1930.
Trade negotiating objectives..... PL 107-210 Sec 2102... 620
United States-Canada Free-Trade PL 100-449 Sec 304(b). 1006
Agreement Implementation Act
negotiating objectives.
Inter-American Development Bank.
See also Foreign Operations
Appropriations Instructions, FY
2006; Funding for mines; Inter-
American Development Bank Act;
International debt forgiveness and
international financial
institutions reform; International
Financial Institutions Act
Government-owned enterprises in PL 95-118 Sec 1612.... 185
countries receiving loans,
directives regarding.
Increased U.S. participation, use
of renewable resources for
energy production
Findings....................... PL 96-259 Sec 601..... 148
U.S. policies.................. PL 96-259 Sec 602..... 149
Reducing dependence on illicit PL 101-240 Sec 103.... 128
narcotics through loans, sense
of Congress.
Value of holdings maintained in PL 92-268 Sec 3....... 242
terms of gold.
Inter-American Development Bank Act PL 86-147............. 61
Audit............................ PL 86-147 Sec 14...... 65
Inter-American Development Bank
Act--Continued
Authorization requirements....... PL 86-147 Sec 5....... 62
Capital stock increases.......... PL 86-147 Sec 13...... 65
Depositories..................... PL 86-147 Sec 6....... 62
Fund for Special Operations of
the Bank
Admission of nonregional PL 86-147 Sec 23...... 69
countries.
Bahamas and Guyana, membership PL 86-147 Sec 24...... 69
for.
Capital stock increase......... PL 86-147 Sec 17...... 67
PL 86-147 Sec 18...... 67
PL 86-147 Sec 26...... 69
PL 86-147 Sec 27...... 70
PL 86-147 Sec 29...... 71
PL 86-147 Sec 31...... 72
PL 86-147 Sec 33...... 73
Caribbean Development Bank PL 86-147 Sec 25...... 69
lending.
Caribbean region, increase in PL 86-147 Sec 36...... 77
lending to.
Executive Directors, election PL 86-147 Sec 20...... 68
of.
Human capital investment....... PL 86-147 Sec 34...... 76
Increase in resources.......... PL 86-147 Sec 15...... 66
PL 86-147 Sec 16...... 66
PL 86-147 Sec 18...... 67
PL 86-147 Sec 26...... 69
PL 86-147 Sec 29...... 71
PL 86-147 Sec 31...... 72
PL 86-147 Sec 33...... 73
Inter-regional capital stock PL 86-147 Sec 23...... 69
creation.
Latin America and the PL 86-147 Sec 38...... 78
Caribbean, focus on low-income
areas.
Light-capital or intermediate PL 86-147 Sec 28...... 70
technologies development and
utilization.
Membership provisions.......... PL 86-147 Sec 20...... 68
Merger of inter-regional and PL 86-147 Sec 32...... 73
ordinary capital resources.
Multilateral Investment Fund PL 86-147 Sec 37...... 77
contributions.
Policy based lending PL 86-147 Sec 35...... 76
limitations.
U.S. annual installments....... PL 86-147 Sec 19...... 67
U.S. contribution.............. PL 86-147 Sec 230..... 72
Governor, alternate Governor, and PL 86-147 Sec 3....... 61
Executive Director.
Illegal drug activity, and....... PL 86-147 Sec 22...... 68
Jurisdiction and venue of actions PL 86-147 Sec 8....... 63
Membership acceptance............ PL 86-147 Sec 2....... 61
National Advisory Council on PL 86-147 Sec 4....... 62
International Monetary and
Financial Problems.
Nullifying contracts or seizing PL 86-147 Sec 21...... 68
property of U.S. citizens, and.
Securities issued as exempt, PL 86-147 Sec 11...... 64
filing report with Securities
and Exchange Commission.
Securities issued as investment PL 86-147 Sec 10...... 64
securities for national banks.
Status, immunities, and PL 86-147 Sec 9....... 64
privileges.
Subscription payment............. PL 86-147 Sec 7....... 63
Inter-American Investment
Corporation. See Inter-American
Investment Corporation Act;
International debt forgiveness and
international financial
institutions reform; International
Financial Institutions Act
Inter-American Investment PL 98-473............. 79
Corporation Act.
Agreement effectiveness.......... PL 98-473 Sec 209..... 81
Inter-American Investment
Corporation Act--Continued
Bretton Woods Agreements Act PL 98-473 Sec 204..... 79
applicability.
Federal Reserve banks as PL 98-473 Sec 206..... 80
depositories.
Governor, Executive Director and PL 98-473 Sec 203..... 79
alternates.
Jurisdiction of U.S. courts...... PL 98-473 Sec 208..... 81
Membership acceptance............ PL 98-473 Sec 202..... 79
Restrictions..................... PL 98-473 Sec 205..... 80
Securities issued as exempted, PL 98-473 Sec 210..... 81
filing report with Securities
and Exchange Commission.
Stock subscription............... PL 98-473 Sec 207..... 80
Interagency Group on Countertrade
Establishment of................. EO 12661 Sec 2-101.... 909
Interagency Task Force on the EO 13122.............. 1068
Economic Development of the
Southwest Border.
Interagency Trade Data Advisory
Committee
Chairman......................... PL 100-418 Sec 5402(c) 766
Designees........................ PL 100-418 Sec 5402(d) 766
Establishment of................. PL 100-418 Sec 5402(a) 766
Functions of..................... PL 100-418 Sec 5403... 766
Membership....................... PL 100-418 Sec 5402(b) 766
International Anti-Bribery and Fair PL 105-366............ 1754
Competition Act of 1998.
Enforcement and monitoring....... PL 105-366 Sec 6...... 1756
International organizations PL 105-366 Sec 5...... 1754
providing commercial
communications services,
treatment of.
International Bank for
Reconstruction and Development.
See also Foreign Operations
Appropriations Funding for mines;
Instructions, FY 2006;
International debt forgiveness and
international financial
institutions reform; International
Financial Institutions Act
Anticorruption provisions........ PL 109-102 Sec 599D... 223
Capital stock increase........... PL 100-461............ 144
Debt reduction for borrower PL 100-461 Sec 5...... 146
countries, partial guarantees
in connection with.
Improving access of small PL 100-461 Sec 12..... 147
businesses to World Bank
procurement, sense of Congress.
Policy based lending for debt PL 100-461 Sec 3...... 144
reduction.
World Bank policy based lending PL 100-461 Sec 4...... 146
limitations.
Illegal drug activity, and....... PL 86-565 Sec 13...... 44
Improvement of interaction with PL 95-118 Sec 1617.... 190
nongovernmental organizations.
International Finance Corporation PL 84-350 Sec 10...... 53
lending to or borrowing from,
removing prohibition against.
Loan requests from Poland, sense PL 101-240 Sec 601.... 135
of Congress.
Nullifying contracts or seizing PL 86-565 Sec 12...... 44
property of U.S. citizens, and.
Population, health and nutrition PL 95-118 Sec 1618.... 191
programs.
Respect for indigenous peoples... PL 95-118 Sec 1620.... 191
Transmission to Congress of PL 95-118 Sec 1702.... 201
operating summaries.
Value of holdings maintained in PL 92-268 Sec 3....... 242
terms of gold.
International broadcasting
operations. See Broadcasting,
international
International Coffee Agreement Act PL 96-599............. 1734
of 1980.
Definition....................... PL 96-599 Sec 3....... 1735
Extension of..................... PL 100-418 Sec 1123... 710
Presidential powers and duties PL 96-599 Sec 2....... 1734
and.
PL 96-599 Sec 4....... 1735
Protection of interests of U.S. PL 96-599 Sec 4....... 1735
consumers.
Remedial action.................. PL 96-599 Sec 4....... 1735
Report........................... PL 96-599 Sec 5....... 1735
International Convention on the
Harmonized Commodity Description
and Coding System
Commission report on operation of PL 100-418 Sec 1216... 720
Harmonized Tariff Schedule.
Commission review and PL 100-418 Sec 1205... 714
recommendations.
Congressional approval of U.S. PL 100-418 Sec 1203... 712
accession to the Convention.
Coordination of trade policy and PL 100-418 Sec 1209... 716
the Convention.
Customs Cooperation Council PL 100-418 Sec 1210... 716
regarding the Convention, U.S.
participation.
Definitions...................... PL 100-418 Sec 1202... 711
Harmonized Tariff Schedule
Enactment...................... PL 100-418 Sec 1204... 712
Existing executive actions..... PL 100-418 Sec 1211(a) 717
Generalized System of PL 100-418 Sec 1211(b) 718
Preferences.
Import restrictions............ PL 100-418 Sec 1211(c) 718
Protests and petitions......... PL 100-418 Sec 1211(d) 718
Publication.................... PL 100-418 Sec 1207... 715
Reference...................... PL 100-418 Sec 1212... 720
Import and export statistics..... PL 100-418 Sec 1208... 716
Presidential action on Commission PL 100-418 Sec 1206... 715
recommendations.
Purposes......................... PL 100-418 Sec 1201... 711
International Criminal Tribunal
International financial PL 109-102 Sec 561.... 221
institutions funds prohibition
to countries failing to meet
legal obligations.
International Cultural and Trade
Center Commission
Duties of........................ PL 100-113 Sec 7(b)... 779
Establishment of................. PL 100-113 Sec 7(a)... 779
Expenses limitation.............. PL 100-113 Sec 7(g)... 782
Funding.......................... PL 100-113 Sec 7(h)... 782
International Cultural and Trade
Center
Annual report.................. PL 100-113 Sec 8(h)... 785
Budget......................... PL 100-113 Sec 8(h)... 785
Establishment of............... PL 100-113 Sec 8(b)... 783
Lease of space................. PL 100-113 Sec 8(a)... 782
Rents and fees................. PL 100-113 Sec 8(c)... 784
Separate account............... PL 100-113 Sec 8(d)... 784
Membership....................... PL 100-113 Sec 7(c)... 779
Office space and supplies........ PL 100-113 Sec 7(e)... 781
Powers of........................ 100-113 Sec 7(f)...... 781
Staff............................ PL 100-113 Sec 7(d)... 780
International debt
Limited purpose Special Drawing PL 100-418 Sec 3123... 752
Rights for the poorest heavily
indebted countries.
Provisions relating to the PL 100-418 Sec 3121... 751
regulation of depository
institutions.
Regulation of depository PL 100-418 Sec 3122... 751
institutions, studies relating
to.
International debt forgiveness and PL 106-429............ 216
international financial
institutions reform.
International debt forgiveness and
international financial
institutions reform--Continued
Debt relief under the Heavily PL 106-429 Sec 801.... 216
Indebted Poor Countries
Initiative.
Definitions...................... PL 106-429 Sec 806.... 219
Monitoring funds use by PL 106-429 Sec 802.... 217
multilateral development banks,
strengthening procedures for.
Policies, operations and PL 106-429 Sec 803.... 218
management of international
financial institutions, reports.
International Debt Management Act PL 100-418............ 746
of 1988.
Findings......................... PL 100-418 Sec 3102... 747
Purposes......................... PL 100-418 Sec 3103... 747
Statement of policy.............. PL 100-418 Sec 3104... 748
International Debt Management
Authority
Actions to facilitate creation of PL 100-418 Sec 3112... 750
the Authority.
Directive........................ PL 100-418 Sec 3111(a) 748
Final reports.................... PL 100-418 Sec 3111(d) 749
IMF-World Bank review............ PL 100-418 Sec 3113... 750
Interim reports.................. PL 100-418 Sec 3111(c) 749
Objectives....................... PL 100-418 Sec 3111(b) 749
International Development and PL 101-240............ 127
Finance Act of 1989.
Assistance by multilateral PL 101-240 Sec 602.... 135
lending institutions to
establish financial institutions
in Poland, sense of Congress.
Conditional financial assistance PL 101-240 Sec 603.... 136
by multilateral lending
institutions to Poland, sense of
Congress.
Debt-for-development swaps, PL 101-240 Sec 531.... 134
encouragement through local
currency repayment.
Export-Import Bank Act Amendments
Export-import programs to the PL 101-240 Sec 103.... 128
People's Republic of China,
prohibitions.
Loan loss reserves, report..... PL 101-240 Sec 101(e). 127
Global Environmental Protection
Assistance Act of 1989
Negotiations policy............ PL 101-240 Sec 722.... 137
U.S. policy, sense of Congress. PL 101-240 Sec 721.... 137
Inter-American Development Bank
Reducing dependence on illicit PL 101-240 Sec 103.... 128
narcotics through loans, sense
of Congress.
International debt exchanges and PL 101-240 Sec 511.... 133
the environment, sense of
Congress.
International debt provisions
Additional reserve requirements PL 101-240 Sec 402.... 129
Agreements to reduce debt PL 101-240 Sec 406.... 131
burden accompanied by trade
liberalization.
Capital flight, study on PL 101-240 Sec 404.... 130
elimination of.
Debt reduction for highly PL 101-240 Sec 405.... 131
indebted countries, developing
U.S. policy.
Linkage of debt reduction loans PL 101-240 Sec 407.... 132
to reduction in drug
trafficking.
Mark to market accounting, PL 101-240 Sec 403.... 129
report requirements.
Loan requests from Poland to PL 101-240 Sec 601.... 135
International Bank for
Reconstruction and Development
and the International Monetary
Fund, sense of Congress.
International Development and
Finance Act of 1989--Continued
Loans or extension of financial PL 101-240 Sec 604.... 136
and technical assistance to the
People's Republic of China,
sense of Congress.
Technology deployment in
developing countries
Appropriations authorization... PL 101-240 Sec 738.... 142
Definitions.................... PL 101-240 Sec 731.... 138
Fellowship and exchange PL 101-240 Sec 737.... 142
programs.
Greenhouse gas intensity....... PL 101-240 Sec 732.... 138
PL 101-240 Sec 734.... 140
PL 101-240 Sec 735.... 140
Technology demonstration PL 101-240 Sec 736.... 141
projects.
Technology inventory........... PL 101-240 Sec 733.... 140
International Development
Association. See also Funding for
mines; International Development
Association Act; International
Financial Institutions Act
Anticorruption provisions........ PL 109-102 Sec 599D... 223
Value of holdings maintained in PL 92-268 Sec 3....... 242
terms of gold.
International Development PL 86-565............. 41
Association Act.
Authorization requirements....... PL 86-565 Sec 5....... 42
Depositories..................... PL 86-565 Sec 6....... 42
Governor, Executive Director, and PL 86-565 Sec 3....... 41
alternates.
Jurisdiction and venue of actions PL 86-565 Sec 8....... 43
Membership acceptance............ PL 86-565 Sec 2....... 41
National Advisory Council on PL 86-565 Sec 4....... 42
International Monetary and
Financial Problems.
Special Facility for Sub-Saharan
Africa
Appropriations authorization... PL 86-565 Sec 19...... 46
Eighth replenishment of PL 86-565 Sec 20...... 46
resources, U.S. payments to.
Fourteenth replenishment of PL 86-565 Sec 23...... 48
resources, U.S. payments to.
Ninth replenishment of PL 86-565 Sec 21...... 46
resources, U.S. payments to.
Thirteenth replenishment of PL 86-565 Sec 22...... 47
resources, U.S. payments to.
Status, immunities, and
privileges
Fifth replenishment of PL 86-565 Sec 16...... 45
resources.
Force and effect of provisions. PL 86-565 Sec 9....... 43
Fourth replenishment of PL 86-565 Sec 14...... 45
resources.
Gonzalez amendment............. PL 86-565 Sec 12...... 44
Illegal drug activity, and..... PL 86-565 Sec 13...... 44
Nullifying contracts or seizing PL 86-565 Sec 12...... 44
property of U.S. citizens, and.
Seventh replenishment of PL 86-565 Sec 18...... 46
resources.
Sixth replenishment of PL 86-565 Sec 17...... 45
resources.
Third replenishment of PL 86-565 Sec 11...... 44
resources.
U.S. contribution.............. PL 86-565 Sec 10...... 43
Subscription payment
Appropriations authorization... PL 86-565 Sec 7(a).... 42
Payments to the United States PL 86-565 Sec 7(d).... 43
by the Association.
Special notes.................. PL 86-565 Sec 7(c).... 43
U.S. contribution.............. PL 86-565 Sec 7(b).... 42
International Economic Policy
Coordination. See Exchange Rates
and International Economic Policy
Coordination Act of 1988
International Emergency Economic PL 95-223............. 1466
Powers Act. See also National
Emergencies Act.
Authority to issue regulations... PL 95-223 Sec 205..... 1471
Consultation..................... PL 95-223 Sec 204..... 1470
Exercising authorities........... PL 95-223 Sec 202..... 1467
International Emergency Economic
Powers Act--Continued
Grants of authorities............ PL 95-223 Sec 203..... 1468
Penalties........................ PL 95-223 Sec 206..... 1471
Report........................... PL 95-223 Sec 204(c).. 1471
Savings provision................ PL 95-223 Sec 207..... 1471
Trading With the Enemy Act PL 95-223 Sec 101..... 1466
amendments.
International Finance Corporation.
See also International debt
forgiveness and international
financial institutions reform;
International Finance Corporation
Act; International Financial
Institutions Act
Assistance establishing financial PL 101-240 Sec 602.... 135
institutions in Poland, sense of
Congress.
Conditional financial assistance PL 101-240 Sec 603.... 136
to Poland, sense of Congress.
International Bank for PL 84-350 Sec 10...... 53
Reconstruction and Development
lending to or borrowing from,
removing prohibition against.
Loans to......................... PL 79-171 Sec 21...... 14
International Finance Corporation PL 84-350............. 51
Act.
Authorization requirements....... PL 84-350 Sec 5....... 52
Capital stock increase
Appropriations authorization... PL 84-350 Sec 11(b)... 53
PL 84-350 Sec 12(b)... 54
Authority to agree to PL 84-350 Sec 16...... 55
amendments to the Articles of
Agreement.
Limitations on appropriations PL 84-350 Sec 14(b)... 55
authorization.
Securities issued as exempt, PL 84-350 Sec 13...... 54
filing report with Securities
and Exchange Commission.
Subscription authorization..... PL 84-350 Sec 14(a)... 54
Support for economic PL 84-350 Sec 15...... 55
restructuring in the
independent states of the
former Soviet Union.
Vote authorization............. PL 84-350 Sec 11(a)... 53
PL 84-350 Sec 12(a)... 54
Depositories..................... PL 84-350 Sec 6....... 52
Governor, Executive Director, and PL 84-350 Sec 3....... 51
alternates.
Jurisdiction and venue of actions PL 84-350 Sec 8....... 53
Membership acceptance............ PL 84-350 Sec 2....... 51
National Advisory Council on PL 84-350 Sec 4....... 51
International Monetary and
Financial Problems.
Status, immunities, and
privileges
Allowing lending to or PL 84-350 Sec 10...... 53
borrowing from International
Bank for Reconstruction and
Development.
Force and effect of provisions. PL 84-350 Sec 9....... 53
Subscription payment............. PL 84-350 Sec 7....... 52
International Financial Data
Improvements Act. See Foreign
Direct Investment and
International Financial Data
Improvements Act of 1990
International financial
institutions. See Foreign
Operations Appropriations
Instructions, FY 2006; individual
institution; International debt
forgiveness and international
financial institutions reform;
International Financial
Institutions Act
International Financial PL 95-118............. 150
Institutions Act.
Administrative provisions........ PL 95-118 Sec 1504.... 172
Agricultural and commodity
production
Findings....................... PL 95-118 Sec 1401.... 164
International Financial
Institutions Act--Continued
Agricultural and commodity
production--Continued
Multilateral development bank PL 95-118 Sec 1402.... 164
activities.
Projects resulting in surplus PL 95-118 Sec 1403.... 164
in world markets.
Reduction of barriers to PL 95-118 Sec 1404.... 165
international trade.
Congressional consultations...... PL 95-118 Sec 1201.... 158
Consolidated reporting
requirements
Effect of pending multilateral PL 95-118 Sec 1703.... 201
development bank loans.
Financial stabilization PL 95-118 Sec 1704.... 201
programs led by the
International Monetary Fund,
financing from stabilization
fund.
Multilateral development banks, PL 95-118 Sec 1702.... 201
operating summaries of.
National Advisory Council on PL 95-118 Sec 1701.... 198
International Monetary and
Financial Policies.
State of international PL 95-118 Sec 1705.... 203
financial system, IMF reform,
and IMF agreements compliance.
Environmental issues
Assessment of benefits and PL 95-118 Sec 1306.... 160
costs of multilateral
development bank actions.
Debt-for-development swaps, PL 95-118 Sec 1608.... 181
initiation of discussions to
facilitate conservation.
Educational programs for PL 95-118 Sec 1305.... 160
multilateral development bank
managers.
Findings....................... PL 95-118 Sec 1301.... 158
Impact of proposed multilateral PL 95-118 Sec 1307.... 161
development bank actions.
Institution-building for non- PL 95-118 Sec 1616.... 189
governmental organizations
concerned with the environment.
Multilateral development bank PL 95-118 Sec 1303.... 159
loans, determining impact of.
Multilateral development banks PL 95-118 Sec 1614.... 187
and debt-for-nature exchanges.
Promotion of lending for the PL 95-118 Sec 1615.... 189
environment.
Strengthening environmental PL 95-118 Sec 1302.... 159
performance of the banks.
Sub-Saharan Africa, initiation PL 95-118 Sec 1609.... 182
of discussions to facilitate
financing of natural resources
programs.
System for cooperative exchange PL 95-118 Sec 1304.... 160
of information.
Export enhancement
Commercial service officers and PL 95-118 Sec 1803.... 205
multilateral development bank
procurement.
Multilateral development bank PL 95-118 Sec 1801.... 204
procurement.
Procurement opportunities for PL 95-118 Sec 1802.... 205
U.S. firms.
Human nutrition in developing PL 95-118 Sec 901..... 156
countries.
Human rights
Development of standard for PL 95-118 Sec 703..... 155
protection of.
International Financial
Institutions Act--Continued
Human rights--Continued
Salaries and benefits of PL 95-118 Sec 704..... 155
financial institution
employees.
Standards to be considered in PL 95-118 Sec 705..... 156
connection with applications
for assistance.
U.S. policies.................. PL 95-118 Sec 701..... 152
Human welfare
Debt-for-development swaps, and PL 95-118 Sec 1608.... 181
PL 95-118 Sec 1610.... 183
Enhanced HIPC Initiative, PL 95-118 Sec 1625.... 196
modification of.
Enhanced Structural Adjustment PL 95-118 Sec 1624.... 194
Facility, reform of.
Equal employment opportunities. PL 95-118 Sec 1619.... 191
Fair labor practices, PL 95-118 Sec 1621.... 191
encouragement of.
Government-owned enterprises in PL 95-118 Sec 1612.... 185
countries receiving IADB
loans, directives regarding.
Government-owned enterprises in PL 95-118 Sec 1607.... 181
countries receiving World Bank
loans, directives regarding.
Grassroots Collaboration PL 95-118 Sec 1602.... 176
Program, proposal for
establishment.
Guidelines..................... PL 95-118 Sec 1601.... 175
Heavily Indebted Poor Countries PL 95-118 Sec 1623.... 193
Initiative, improvement of.
Illicit narcotics, loan PL 95-118 Sec 1606.... 180
programs to reduce economic
dependence on.
Impact of multilateral PL 95-118 Sec 1605.... 179
development bank activities on
indigenous people.
Increasing access of World Bank PL 95-118 Sec 1603(a). 178
activities to the poor.
Increasing productive economic PL 95-118 Sec 1613.... 185
participation of the poor,
reports.
Interaction between the PL 95-118 Sec 1617.... 190
International Bank for
Reconstruction and Development
and nongovernmental
organizations.
Involvement of women in PL 95-118 Sec 1604.... 178
multilateral development bank
activities.
Microenterprise credit PL 95-118 Sec 1603(c). 178
promotion activities, report.
Multilateral development bank PL 95-118 Sec 1622.... 192
definition.
Population, health and PL 95-118 Sec 1618.... 191
nutrition programs.
Program for the Financing of PL 95-118 Sec 1603(b). 178
Small Projects.
Respect for indigenous peoples. PL 95-118 Sec 1620.... 191
Sub-Saharan Africa, initiation PL 95-118 Sec 1609.... 182
of discussions to facilitate
financing of programs.
Terrorist states, opposition to PL 95-118 Sec 1621.... 192
assistance to.
Well-being of the poor, PL 95-118 Sec 1611.... 184
assistance to countries to
develop statistical assessment
of.
Institutional reforms regarding PL 95-118 Sec 1501.... 165
lending policies.
International Monetary Fund, PL 95-118 Sec 1503.... 167
advocacy of policies to enhance
effectiveness of.
Light capital technology......... PL 95-118 Sec 801..... 156
International Financial
Institutions Act--Continued
Military spending by recipient PL 95-118 Sec 1502.... 167
countries.
Personnel practices.............. PL 95-118 Sec 1901.... 206
Policy goals promotion........... PL 95-118 Sec 1505.... 173
Targeting assistance to the needy
Findings....................... PL 95-118 Sec 1101.... 157
Guidelines..................... PL 95-118 Sec 1102.... 157
U.S. participation in fostering PL 95-118 Sec 101..... 151
economic development in less
developed countries, sense of
Congress.
International Investment and Trade
in Services Act
Authorities...................... EO 11961.............. 1713
International Investment and Trade PL 94-472............. 1696
in Services Survey Act.
Access to information............ PL 94-472 Sec 5....... 1702
Appropriations authorization..... PL 94-472 Sec 9....... 1705
Authority........................ PL 94-472 Sec 4....... 1698
Consultations.................... PL 94-472 Sec 8....... 1704
Definitions...................... PL 94-472 Sec 3....... 1697
Duties........................... PL 94-472 Sec 4....... 1698
Enforcement...................... PL 94-472 Sec 6....... 1703
Findings......................... PL 94-472 Sec 2(a).... 1696
Purpose.......................... PL 94-472 Sec 2(b).... 1697
Rules and regulations............ PL 94-472 Sec 5....... 1702
Use of experts and administrative PL 94-472 Sec 7....... 1704
support services.
International Lending Supervision PL 98-181............. 225
Act of 1983.
Accounting for fees on PL 98-181 Sec 906..... 228
international loans.
Additional reserve requirements.. PL 98-181 Sec 905A.... 227
Authorities...................... PL 98-181 Sec 910..... 231
Capital adequacy................. PL 98-181 Sec 908..... 229
Definitions...................... PL 98-181 Sec 903..... 225
Federal Deposit Insurance PL 98-181 Sec 912..... 233
Corporation, equal
representation for.
Foreign loan evaluations......... PL 98-181 Sec 909..... 230
GAO audit authority.............. PL 98-181 Sec 911..... 231
International lending data, PL 98-181 Sec 907..... 229
collection and disclosure of.
Policy declaration............... PL 98-181 Sec 902..... 225
Reserves......................... PL 98-181 Sec 905..... 226
Strengthened supervision of PL 98-181 Sec 904..... 226
international lending.
International monetary and
financial policies. See National
Advisory Council on International
Monetary and Financial Policies
International Monetary Fund. See
also Foreign Operations
Appropriations Instructions, FY
2006; Funding for mines;
International Monetary Fund/World
Bank Group
Advocacy of policies to enhance PL 95-118 Sec 1503.... 167
effectiveness of.
Conditional financial assistance PL 101-240 Sec 601.... 135
to Poland, sense of Congress.
Financial stabilization programs PL 95-118 Sec 1704.... 201
with financing from the exchange
stabilization fund, report.
International Debt Management PL 100-418 Sec 3113... 750
Authority review.
Loan requests from Poland, sense PL 101-240 Sec 601.... 135
of Congress.
Special Drawing Rights Act
Administration of.............. PL 90-349 Sec 3....... 243
International Monetary Fund--
Continued
Special Drawing Rights Act--
Continued
Allocation authority........... PL 90-349 Sec 6....... 244
Effectiveness of agreement..... PL 90-349 Sec 7....... 244
Establishment of............... PL 90-349 Sec 2....... 243
Purchase of certificates....... PL 90-349 Sec 4....... 243
State of international financial PL 95-118 Sec 1705.... 203
system, IMF reform, and IMF
agreements compliance.
International Monetary Fund/World
Bank Group
Bretton Woods Agreements Act
Actions not to be taken without PL 79-171 Sec 5....... 7
authorization.
Adverse social and PL 79-171 Sec 55...... 30
environmental impacts,
alleviating potential for.
Agricultural export subsidies, PL 79-171 Sec 44...... 24
elimination of.
Amendment acceptance........... PL 79-171 Sec 24...... 15
PL 79-171 Sec 57...... 31
Appointment of governors, PL 79-171 Sec 3....... 4
executive directors, and
alternates.
Capital stock increase......... PL 79-171 Sec 16(b)... 12
PL 79-171 Sec 19...... 14
PL 79-171 Sec 23...... 14
PL 79-171 Sec 27...... 15
PL 79-171 Sec 39...... 20
PL 79-171 Sec 51...... 28
PL 79-171 Sec 52...... 28
PL 79-171 Sec 53...... 29
Communist dictatorships, PL 79-171 Sec 43...... 23
instructions to United States
Executive Director involving
credit to.
Debt reductions for the poorest PL 79-171 Sec 62...... 34
countries, approval of
contributions for.
Debt rescheduling, PL 79-171 Sec 29...... 16
comparability of treatment
policy.
Depositories................... PL 79-171 Sec 6....... 8
Dollar-Special Drawing Rights PL 79-171 Sec 35...... 19
substitution account, sense of
Congress.
Economic adjustment programs... PL 79-171 Sec 33...... 17
PL 79-171 Sec 45...... 24
El Salvador and Nicaragua, PL 79-171 Sec 38...... 20
assistance to, sense of
Congress.
Exchange rate stability, PL 79-171 Sec 40...... 21
promoting conditions for.
Exempted securities............ PL 79-171 Sec 15...... 12
Foreign governments in default, PL 79-171 Sec 9....... 10
financial transactions with.
Fund bailouts of banks, PL 79-171 Sec 46...... 26
opposing.
Fund policy changes............ PL 79-171 Sec 59...... 31
IMF interest rates............. PL 79-171 Sec 48...... 27
IMF lending, principles for.... PL 79-171 Sec 63...... 35
Increasing productive PL 79-171 Sec 59...... 32
participation of the poor.
Information, obtaining and PL 79-171 Sec 8....... 9
furnishing.
Information on monetary and PL 79-171 Sec 42...... 22
financial problems, sense of
Congress.
Interest Subsidy Account of the PL 79-171 Sec 54...... 29
Enhanced Structural Adjustment
Facility of the International
Monetary Fund.
International cooperation...... PL 79-171 Sec 47...... 26
Jurisdiction and venue of PL 79-171 Sec 10...... 10
actions.
International Monetary Fund/World
Bank Group--Continued
Bretton Woods Agreements Act--
Continued
Loans to International Finance PL 79-171 Sec 21...... 14
Corporation.
Medium-term financing, PL 79-171 Sec 63...... 35
limitations on.
Membership acceptance.......... PL 79-171 Sec 2....... 4
Military spending by developing PL 79-171 Sec 60...... 33
nations, reduction of.
Misreporting of information.... PL 79-171 Sec 63...... 35
National Advisory Council on PL 79-171 Sec 4....... 5
International Monetary and
Financial Problems.
Palestine Liberation PL 79-171 Sec 37...... 19
Organization, denial of
membership in the Fund.
Policy audits.................. PL 79-171 Sec 59...... 32
Premium pricing................ PL 79-171 Sec 63...... 35
Promotion of international PL 79-171 Sec 14...... 11
economic relations.
Public access to information... PL 79-171 Sec 59...... 32
Purchases of currencies or gold PL 79-171 Sec 18...... 14
by the United States from the
International Monetary Fund,
use of.
Quota increase................. PL 79-171 Sec 16(a)... 12
PL 79-171 Sec 20...... 14
PL 79-171 Sec 22...... 14
PL 79-171 Sec 25...... 15
PL 79-171 Sec 32...... 17
PL 79-171 Sec 41...... 22
PL 79-171 Sec 56...... 30
PL 79-171 Sec 61...... 34
Reports........................ PL 79-171 Sec 34...... 19
Reserve Account of the Enhanced PL 79-171 Sec 58...... 31
Structural Adjustment Facility
Trust, providing resources.
Short-term balance of payments PL 79-171 Sec 63...... 35
financing.
Special Drawing Rights......... PL 79-171 Sec 17...... 13
Stabilization loans by the Bank PL 79-171 Sec 12...... 11
Stabilization operations by the PL 79-171 Sec 13...... 11
Fund.
Stabilization programs PL 79-171 Sec 30...... 16
consultation.
Status, immunities and PL 79-171 Sec 11...... 10
privileges.
Subscription payment........... PL 79-171 Sec 7....... 8
Supplementary Financing PL 79-171 Sec 28...... 15
Facility participation.
Taiwan, membership in the Fund, PL 79-171 Sec 36...... 19
sense of Congress.
Trade provisions............... PL 79-171 Sec 49...... 27
Vote against establishment of a PL 79-171 Sec 26...... 15
Council.
International Natural Rubber PL 96-271............. 1737
Agreement Appropriation
Authorization.
International standards
organizations
Representation of U.S. interests. PL 96-39 Sec 413...... 848
International Sugar Agreement, PL 96-236............. 1738
1977, implementation.
Agreement implementation......... PL 96-236 Sec 2....... 1738
Criminal offenses................ PL 96-236 Sec 4....... 1739
Definitions...................... PL 96-236 Sec 1....... 1738
Delegation of powers and duties.. PL 96-236 Sec 3....... 1739
International Trade and Investment PL 98-573............. 791
Act. See also Trade Act of 1974.
Foreign direct investment, PL 98-573 Sec 307..... 794
negotiating authority with
respect to.
High technology industries, PL 98-573 Sec 308..... 795
negotiation of agreements.
International Trade and Investment
Act--Continued
Service industry, provisions PL 98-573 Sec 306..... 792
relating to international trade.
Statement of purposes............ PL 98-573 Sec 302..... 791
International Trade Commission
Action in response to trade PL 93-618 Sec 422..... 389
diversion.
Adjustment assistance
Farmers, Secretary of PL 93-618 Sec 294..... 352
Agriculture study.
Firms, Secretary of Commerce PL 93-618 Sec 264..... 341
study.
Workers, Secretary of Labor PL 93-618 Sec 224..... 338
study.
Affirmative determinations by PL 71-361 Sec 771..... 565
divided Commission.
Andean Trade Preference Act PL 102-182 Sec 206.... 978
impact, reports.
Antidumping duties determinations PL 71-361 Sec 733(a).. 502
PL 71-361 Sec 735(b).. 515
Assessment of trade remedy laws.. PL 107-210 Sec 2104(f) 638
Authorities...................... PL 93-618 Sec 603..... 408
Caribbean Basin Economic Recovery PL 98-67 Sec 215...... 1050
Act impact, reports.
Chairman's responsibilities...... PL 71-361 Sec 331(a).. 427
Circumvention of antidumping and PL 71-361 Sec 780(e).. 605
countervailing duty orders,
advice in preventing.
Civil service law application.... PL 71-361 Sec 331(b).. 428
Cooperation with other agencies.. PL 71-361 Sec 334..... 432
Countervailing duties PL 71-361 Sec 703(a).. 476
determinations.
PL 71-361 Sec 705(b).. 490
Definitions...................... PL 71-361 Sec 332(e).. 430
Determination of cost of crude PL 71-361 Sec 332(f).. 430
petroleum to oil refineries.
Discrimination by foreign
countries
Additional duties.............. PL 71-361 Sec 338(a).. 445
Application of proclamation.... PL 71-361 Sec 338(c).. 446
Ascertainment of PL 71-361 Sec 338(g).. 447
discriminations.
Definitions.................... PL 71-361 Sec 338(i).. 447
Duties to offset benefits to PL 71-361 Sec 338(e).. 446
third country.
Duties to offset commercial PL 71-361 Sec 338(d).. 446
disadvantages.
Exclusion from importation..... PL 71-361 Sec 338(b).. 446
Forfeiture of articles......... PL 71-361 Sec 338(f).. 447
Rules and regulations of PL 71-361 Sec 338(h).. 447
Secretary of Treasury.
Downstream product monitoring.... PL 71-361 Sec 780(b).. 601
Eligible articles advice......... PL 93-618 Sec 503(e).. 402
Equalization of costs of PL 71-361 Sec 336..... 433
production.
Expenses......................... PL 71-361 Sec 331(c).. 428
Information for President and PL 71-361 Sec 332(d).. 429
Congress.
Investigations................... PL 71-361 Sec 332(a).. 429
Investigations, determinations, PL 93-618 Sec 202..... 315
and recommendations of import
injury caused by competition.
Market disruption
Determinations, time for....... PL 93-618 Sec 406(e).. 385
Investigations................. PL 93-618 Sec 406..... 378
Recommendations................ PL 93-618 Sec 406(f).. 385
Report......................... PL 93-618 Sec 406(g).. 385
Negotiations advice.............. PL 93-618 Sec 131..... 275
New York office.................. PL 71-361 Sec 331(e).. 428
Notification of antidumping PL 71-361 Sec 732(d).. 501
duties determination.
Notification of countervailing PL 71-361 Sec 702(d).. 475
duties determination.
Official seal.................... PL 71-361 Sec 331(f).. 428
International Trade Commission--
Continued
Organization of
Appropriations authorization... PL 71-361 Sec 330(e).. 426
Chairman and vice chairman..... PL 71-361 Sec 330(c).. 424
Membership..................... PL 71-361 Sec 330(a).. 423
Quorum......................... PL 71-361 Sec 330(c).. 424
Regulatory independence........ PL 71-361 Sec 330(f).. 427
Terms of office................ PL 71-361 Sec 330(b).. 423
Voting procedures.............. PL 71-361 Sec 330(d).. 425
Paris Economy Pact investigations PL 71-361 Sec 332(c).. 429
Principal office at Washington... PL 71-361 Sec 331(d).. 428
Production of papers............. PL 71-361 Sec 333..... 431
Recommendations on Harmonized PL 100-418 Sec 1206... 715
Tariff Schedule.
Reports.......................... EO 12661 Sec 5-301.... 911
PL 71-361 Sec 332(a).. 429
PL 71-361 Sec 332(g).. 430
PL 93-618 Sec 163(c).. 306
Rules and regulations............ PL 71-361 Sec 335..... 433
Tariff relations investigations.. PL 71-361 Sec 332(b).. 429
Testimony........................ PL 71-361 Sec 333..... 431
Trade agreements authority, PL 107-210 Sec 2103(c) 632
report.
Trade Remedy Assistance Office... PL 71-361 Sec 339..... 447
Unfair practices in import trade. PL 71-361 Sec 337..... 435
Cease and desist orders........ PL 71-361 Sec 337(f).. 441
Complaints..................... PL 71-361 Sec 337(g).. 441
Confidential information....... PL 71-361 Sec 337(n).. 445
Definition of United States.... PL 71-361 Sec 337(m).. 444
Determinations................. PL 71-361 Sec 337(c).. 438
Exclusion of articles from PL 71-361 Sec 337(d).. 439
entry.
PL 71-361 Sec 337(e).. 440
Forfeiture..................... PL 71-361 Sec 337(i).. 442
Importation by or for the PL 71-361 Sec 337(l).. 444
United States.
Investigations of violations... PL 71-361 Sec 337(b).. 436
Period of effectiveness........ PL 71-361 Sec 337(k).. 444
Referrals to the President..... PL 71-361 Sec 337(j).. 443
Review......................... PL 71-361 Sec 337(c).. 438
Sanctions...................... PL 71-361 Sec 337(h).. 442
International Trade Functions. See EO 12188.............. 903
also Reorganization Plan No. 3 of
1979.
Authority under the Foreign EO 12188 Sec 1-104.... 905
Service Act and related laws.
Delegation of.................... EO 12188 Sec 1-103.... 905
Incidental transfers and EO 12188 Sec 1-106.... 906
reassignments.
Prior Executive Orders and EO 12188 Sec 1-105.... 905
determination.
Trade Policy Committee........... EO 12188 Sec 1-102.... 904
United States Trade EO 12188 Sec 1-101.... 903
Representative.
Internet
Foreign tariffs, trade barriers, PL 105-277 Sec 1203... 667
and other restrictions.
Investment disputes settlement. See
Convention on the Settlement of
Investment Disputes Act of 1966
Investments. See also Committee on
Foreign Investment in the United
States; Foreign direct investment;
Foreign Investment Study Act of
1974; International Investment and
Trade in Services Survey Act
United States-Canada Free-Trade PL 100-449 Sec 304(b). 1006
Agreement Implementation Act
negotiating objectives.
Iran
Blocking government property..... EO 12170.............. 1603
Prohibiting transactions
Authorities.................... EO 12959 Sec 3........ 1609
Iran--Continued
Prohibiting transactions--
Continued
Definitions.................... EO 12959 Sec 2........ 1609
Effect of order................ EO 12959 Sec 6........ 1610
Petroleum resources development EO 12957.............. 1606
Response to actions............ EO 12959 Sec 7........ 1610
Transactions included.......... EO 12959 Sec 1........ 1608
Prohibiting transactions,
consolidation
Authorities.................... EO 13059 Sec 5........ 1613
EO 13059 Sec 6........ 1613
Definitions.................... EO 13059 Sec 4........ 1613
Effect of order................ EO 13059 Sec 7........ 1613
EO 13059 Sec 8........ 1614
Licenses, continuation of...... EO 13059 Sec 3........ 1612
Response to actions............ EO 13059 Sec 9........ 1614
Transactions included.......... EO 13059 Sec 1........ 1611
EO 13059 Sec 2........ 1611
Iran and Libya Sanctions Act of PL 104-172............ 1591
1996.
Advisory opinions................ PL 104-172 Sec 7...... 1596
Declaration of policy............ PL 104-172 Sec 3...... 1592
Definitions...................... PL 104-172 Sec 14..... 1600
Determinations not reviewable.... PL 104-172 Sec 11..... 1599
Exclusion of activities.......... PL 104-172 Sec 12..... 1599
Findings......................... PL 104-172 Sec 2...... 1591
Multilateral regime.............. PL 104-172 Sec 4...... 1592
Presidential waiver.............. PL 104-172 Sec 9...... 1597
Reports.......................... PL 104-172 Sec 10..... 1598
Sanctions........................ PL 104-172 Sec 5...... 1593
PL 104-172 Sec 6...... 1595
PL 104-172 Sec 8...... 1596
Sunset........................... PL 104-172 Sec 13..... 1599
Iraq
Confiscating and vesting property EO 13290.............. 1578
Development Fund protection
Authorities.................... EO 13303 Sec 4........ 1581
Definitions.................... EO 13303 Sec 3........ 1581
Effect of order................ EO 13303 Sec 1........ 1580
EO 13303 Sec 2........ 1581
Modifying...................... EO 13364.............. 1589
Economic sanctions against....... PL 101-510 Sec 1458... 1577
PL 101-513............ 1566
Emergency Protection for Iraqi
Cultural Antiquities Act of 2004
Emergency implementation of PL 108-429 Sec 3002... 613
import restrictions.
Termination of authority....... PL 108-429 Sec 3003... 613
Property of former regime, senior
officials and family members
Authorities.................... EO 13315 Sec 2........ 1584
EO 13315 Sec 7........ 1585
EO 13315 Sec 8........ 1585
Blocking....................... EO 13315 Sec 1........ 1583
Definitions.................... EO 13315 Sec 4........ 1584
Donations prohibition.......... EO 13315 Sec 5........ 1585
Effect of order................ EO 13315 Sec 9........ 1585
EO 13315 Sec 10....... 1585
EO 13315 Sec 11....... 1585
Prior notice requirement....... EO 13315 Sec 6........ 1585
Prohibitions................... EO 13315 Sec 3........ 1584
Supercomputer licensing PL 101-515 Sec 608.... 1576
prohibition.
Termination of national emergency
Authorities.................... EO 13350 Sec 7........ 1587
EO 13350 Sec 8........ 1587
Donations prohibition.......... EO 13350 Sec 5........ 1587
Effect of order................ EO 13350 Sec 1........ 1586
EO 13350 Sec 9........ 1588
Prior notice requirement....... EO 13350 Sec 6........ 1587
Iraq--Continued
Termination of national
emergency--Continued
Property ownership or EO 13350 Sec 4........ 1587
possession, prohibition of.
Iraq Sanctions Act of 1990......... PL 101-513............ 1566
Consultations with Congress...... PL 101-513 Sec 586B... 1567
Embargo violations, penalties for PL 101-513 Sec 586E... 1569
Export license restrictions...... PL 101-513 Sec 586I... 1574
Invasion of Kuwait, declarations PL 101-513 Sec 586A... 1566
regarding.
Reports.......................... PL 101-513 Sec 586J... 1574
Sanctions........................ PL 101-513 Sec 586G... 1571
Trade embargo.................... PL 101-513 Sec 586C... 1567
U.N. sanctions, compliance with.. PL 101-513 Sec 586D... 1568
Violations of international law, PL 101-513 Sec 586F... 1569
declarations regarding.
Waiver authority................. PL 101-513 Sec 586H... 1572
Israel
Japanese compliance with Arab PL 100-418 Sec 2209... 1289
boycott, sense of Congress.
Trade with Israel................ PL 98-573............. 1128
Application of trade law PL 98-573 Sec 403..... 1129
provisions.
Construction of title.......... PL 98-573 Sec 405..... 1131
Duty-free treatment of PL 98-573 Sec 402..... 1128
articles, criteria for.
Perishable articles, fast track PL 98-573 Sec 404..... 1130
procedures for.
United States-Israel Free Trade
Implementation Act of 1985
Harmonized Tariff Schedule..... Gen. note 8........... 888
User fees, exemption of products. PL 101-382 Sec 112.... 1132
Israel Free Trade Agreement. See
United States-Israel Free Trade
Agreement
Israel Free Trade Implementation
Act of 1985. See United States-
Israel Free Trade Implementation
Act of 1985
ITC. See International Trade
Commission
J
Jackson-Vanik amendment............ PL 93-618 Sec 402..... 371
Jamaica. See Caribbean Basin
Economic Recovery Act
Japan
Auto parts sales
Establishment of initiative.... PL 100-418 Sec 2123... 1282
Re-establishment of initiative. PL 105-261 Sec 3803... 1271
Coal exports to.................. PL 100-418 Sec 1933... 741
Compliance with Arab boycott of PL 100-418 Sec 2209... 1289
Israel, sense of Congress.
Importation of manufactured goods PL 100-418 Sec 2208... 1288
from less developed countries.
Investigation of barriers to PL 100-418 Sec 1305... 721
certain U.S. services.
Purchases of U.S.-made automotive PL 100-418 Sec 1934... 742
parts.
Special Advisory Committee on PL 105-261 Sec 3804... 1272
automotive parts sales.
Supercomputer trade dispute...... PL 100-418 Sec 1307... 722
Trade and economic relations with PL 100-418 Sec 1306... 721
United States and Foreign PL 100-418 Sec 2306... 1296
Commercial Service Initiative.
Jewelry
Facilitation of trade, sense of PL 100-418 Sec 2210... 1289
Congress.
Jobs Through Exports Act of 1992... PL 102-549............ 677
Jobs Through Exports Act of 1992--
Continued
Capital projects
Agency for International PL 102-549 Sec 307.... 680
Development credit guarantees
to finance, report.
Coordination................... PL 102-549 Sec 304.... 679
Definitions.................... PL 102-549 Sec 308.... 680
Funding for.................... PL 102-549 Sec 306.... 679
Office within the Agency for PL 102-549 Sec 302.... 677
International Development.
Poverty alleviation and PL 102-549 Sec 303.... 678
environmental safety and
sustainability.
Reports........................ PL 102-549 Sec 305.... 679
Export promotion activities...... PL 102-549 Sec 501.... 682
Impact on employment in the PL 102-549 Sec 801.... 684
United States.
Trade promotion expansion
Commercial Service Officers.... PL 102-549 Sec 701.... 683
United States Commercial Centers
Appropriations authorization... PL 102-549 Sec 401(i). 682
Definitions.................... PL 102-549 Sec 401(k). 682
Establishment of............... PL 102-549 Sec 401(a). 680
Facilities relationship to PL 102-549 Sec 401(g). 681
Department of Commerce
operations in host countries.
Functions of................... PL 102-549 Sec 401(c). 680
Purpose of..................... PL 102-549 Sec 401(b). 680
Specific services to be PL 102-549 Sec 401(d). 681
provided.
Staffing of.................... PL 102-549 Sec 401(f). 681
Trade promotion activities..... PL 102-549 Sec 401(e). 681
Use of Market Development PL 102-549 Sec 401(h). 682
Cooperator Program.
Worker rights, internationally PL 102-549 Sec 802.... 684
recognized.
Johnson Act
Financial transactions with PL 80-772............. 1690
foreign governments.
Jordan Free Trade Area PL 107-43............. 1115
Implementation Act.
Appropriations authorization..... PL 107-43 Sec 402..... 1119
Definitions...................... PL 107-43 Sec 3....... 1115
Harmonized Tariff Schedule....... Gen. note 18.......... 891
Implementing regulations......... PL 107-43 Sec 403..... 1119
Processing operations, direct PL 107-43 Sec 102(b).. 1116
costs of.
Purposes......................... PL 107-43 Sec 2....... 1115
Relationship of agreement to PL 107-43 Sec 401..... 1119
United States and state law.
Rules of origin
Direct costs of processing PL 107-43 Sec 102(b).. 1116
operations.
Eligible articles.............. PL 107-43 Sec 102(a).. 1116
Exclusion...................... PL 107-43 Sec 102(d).. 1118
General provisions............. PL 107-43 Sec 102(a).. 1116
Textile and apparel articles... PL 107-43 Sec 102(c).. 1117
Tariff modifications............. PL 107-43 Sec 101..... 1115
Termination effect............... PL 107-43 Sec 404..... 1120
Judicial Review Commission on
Foreign Asset Control
Compensation and travel expenses. PL 106-120 Sec 810(f). 1498
Duties........................... PL 106-120 Sec 810(c). 1497
Establishment of................. PL 106-120 Sec 810(a). 1496
Funding.......................... PL 106-120 Sec 810(j). 1499
Inapplicability of administrative PL 106-120 Sec 810(i). 1499
provisions.
Membership....................... PL 106-120 Sec 810(b). 1496
Powers........................... PL 106-120 Sec 810(d). 1497
Procedural matters............... PL 106-120 Sec 810(b). 1496
Report........................... PL 106-120 Sec 810(g). 1498
Staff............................ PL 106-120 Sec 810(e). 1498
Judicial Review Commission on
Foreign Asset Control--Continued
Termination...................... PL 106-120 Sec 810(h). 1499
K
Kazakhstan
Trade Act of 1974 waiver......... EO 12809.............. 1203
Kenya
Quotas on textile and apparel PL 106-200 Sec 112(c). 1091
imports, treatment of.
Kimberley Process Certification
Scheme. See Clean Diamond Trade
Act
Kimberley Process Implementation
Coordinating Committee
Establishment of................. PL 108-19 Sec 11...... 1679
Kongsberg Trading Company
Sanctions........................ EO 12661 Sec 2-201.... 909
PL 100-418 Sec 2443... 1310
Kuwait
Iraq invasion of, declarations PL 101-513 Sec 586A... 1566
regarding.
Kyrgyzstan
Normal trade relations........... PL 106-200 Sec 302.... 1179
Trade Act of 1974 waiver......... EO 12802.............. 1204
L
Labor, Department of
Steel industry worker assistance PL 98-573 Sec 807..... 804
plan.
Labor issues
Cooperation agreement............ PL 103-182 Sec 531.... 957
Laos
Normal trade relations, extension PL 108-429 Sec 2005... 1171
of.
Latin America
Multilateral Investment Fund PL 86-147 Sec 38...... 78
focus on low-income areas.
Latvia
Most-favored-nation treatment
Findings....................... PL 102-182 Sec 101.... 1195
Nondiscriminatory treatment, PL 102-182 Sec 102.... 1196
extension of.
Prompt provision of GSP PL 102-182 Sec 104.... 1197
treatment, sense of Congress.
Termination of application of PL 102-182 Sec 103.... 1196
Title IV of the Trade Act of
1974.
Lebanon. See Syria Accountability
and Lebanese Sovereignty
Restoration Act of 2003
Liberia
Prohibiting transactions......... EO 13348.............. 1684
LIBERTAD Act of 1996. See Cuban
Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996
Libya
Iran and Libya Sanctions Act of PL 104-172............ 1591
1996.
Advisory opinions.............. PL 104-172 Sec 7...... 1596
Declaration of policy.......... PL 104-172 Sec 3...... 1592
Definitions.................... PL 104-172 Sec 14..... 1600
Determinations not reviewable.. PL 104-172 Sec 11..... 1599
Exclusion of activities........ PL 104-172 Sec 12..... 1599
Findings....................... PL 104-172 Sec 2...... 1591
Multilateral regime............ PL 104-172 Sec 4...... 1592
Presidential waiver............ PL 104-172 Sec 9...... 1597
Reports........................ PL 104-172 Sec 10..... 1598
Sanctions...................... PL 104-172 Sec 5...... 1593
Libya--Continued
Iran and Libya Sanctions Act of
1996--Continued
Sanctions--Continued
PL 104-172 Sec 6...... 1595
PL 104-172 Sec 8...... 1596
PL 104-172 Sec 9...... 1597
Sunset......................... PL 104-172 Sec 13..... 1599
Lithuania
Most-favored-nation treatment
Findings....................... PL 102-182 Sec 101.... 1195
Nondiscriminatory treatment, PL 102-182 Sec 102.... 1196
extension of.
Prompt provision of GSP PL 102-182 Sec 104.... 1197
treatment, sense of Congress.
Termination of application of PL 102-182 Sec 3...... 1196
Title IV of the Trade Act of
1974.
M
Market Development Cooperator
Program
Budget Act regulations........... PL 100-418 Sec 2303(d) 1295
Cooperator Partnership Program... PL 100-418 Sec 2303(c) 1294
Implementation of................ PL 100-418 Sec 2303(b) 1294
Secretary of Commerce authority.. PL 100-418 Sec 2303(a) 1293
United States Commercial Centers PL 102-549 Sec 401(h). 682
use.
Market disruption
Action to address................ PL 93-618 Sec 421..... 383
China, People's Republic of, PL 93-618 Sec 421(j).. 387
agreements.
Commission report................ PL 93-618 Sec 421(g).. 385
Critical circumstances........... PL 93-618 Sec 421(i).. 386
Extension of action.............. PL 93-618 Sec 421(o).. 388
Factors in determination......... PL 93-618 Sec 421(d).. 384
Initiation of investigations..... PL 93-618 Sec 421(b).. 384
International Trade Commission PL 93-618 Sec 406..... 378
investigations.
Modifications of relief.......... PL 93-618 Sec 421(n).. 388
Opportunity to present views and PL 93-618 Sec 421(h).. 386
evidence on proposed measure.
Publication of decision and PL 93-618 Sec 421(l).. 388
reports.
Recommendations of Commission on PL 93-618 Sec 421(f).. 385
proposed remedies.
Standard for Presidential action. PL 93-618 Sec 421(k).. 387
Time for Commission PL 93-618 Sec 421(e).. 385
determinations.
Marxist Popular Movement for the
Liberation of Angola
Findings......................... PL 99-472............. 1636
Mauritius
Quotas on textile and apparel PL 106-200 Sec 112(c). 1091
imports, treatment of.
MDB. See Multilateral development
banks
MEC. See Myanmar Economic
Corporation
Medical technologies. See HIV/AIDS
pharmaceuticals
Medicine and medical supplies
Export control exclusions........ PL 96-72 Sec 6(g)..... 1366
Trade sanctions reform........... PL 106-387............ 1481
Mexican Debt Disclosure Act of 1995 PL 104-6.............. 208
Definitions...................... PL 104-6 Sec 407...... 211
Findings......................... PL 104-6 Sec 402...... 208
Presidential certification PL 104-6 Sec 406...... 211
regarding swap of currencies
through exchange stabilization
fund or Federal Reserve.
Presidential reports............. PL 104-6 Sec 403...... 209
Secretary of the Treasury, PL 104-6 Sec 404...... 209
reports.
Mexican Debt Disclosure Act of
1995--Continued
Termination of reporting PL 104-6 Sec 405...... 210
requirements.
Mexico
Bilateral Framework Agreement on PL 100-418 Sec 2101... 1282
Trade and Investment.
Binational panel review of PL 71-361 Sec 516A(g). 460
countervailing and antidumping
duty proceedings.
Border Environment Cooperation EO 12916.............. 1065
Commission and the North
American Development Bank
Agreement.
Cooperation promotion.......... EO 12916 Sec 2(c)..... 1065
Finance Committee.............. EO 12916 Sec 6........ 1066
EO 12916 Sec 7........ 1066
EO 12916 Sec 8........ 1067
EO 12916 Sec 9........ 1067
Good Neighbor Environmental EO 12916 Sec 10....... 1067
Board.
Intention of order............. EO 12916 Sec 11....... 1067
Interagency coordination....... EO 12916 Sec 2(b)..... 1065
Policy......................... EO 12916 Sec 1........ 1065
Project loans, guarantees or EO 12916 Sec 3(b)..... 1066
grants.
EO 12916 Sec 3(c)..... 1066
EO 12916 Sec 3(d)..... 1066
Secretary of Treasury functions EO 12916 Sec 4........ 1066
EO 12916 Sec 5........ 1066
U.S. representation............ EO 12916 Sec 2(a)..... 1065
EO 12916 Sec 3(a)..... 1065
Middle East
Terrorists who threaten to EO 12947.............. 1509
disrupt peace process
Middle East Development Bank
Bretton Woods Agreements Act PL 104-208 Sec 704.... 124
applicability.
Effectiveness of agreement....... PL 104-208 Sec 708.... 125
Federal Reserve Banks as PL 104-208 Sec 705.... 124
depositories.
Governor and alternate Governor.. PL 104-208 Sec 703.... 124
Jurisdiction and venue of actions PL 104-208 Sec 707.... 125
Membership acceptance............ PL 104-208 Sec 702.... 124
Securities issued as exempt, PL 104-208 Sec 709.... 126
filing with Securities and
Exchange Commission.
Stock subscription............... PL 104-208 Sec 706.... 125
Technical amendments............. PL 104-208 Sec 710.... 126
Military expenditures
Reducing spending by developing PL 79-171 Sec 60...... 33
nations.
Military-related exports
Annual report on impact of 50 USC App Sec 2099... 1435
offsets.
Minerals
Opposition of multilateral PL 99-472 Sec 22...... 1724
assistance for foreign surplus.
Mines and mining
Opposition to funding of copper PL 99-88 Sec 501...... 214
commodity production.
U.S. policies.................... PL 99-88 Sec 502...... 214
Miscellaneous Trade and Technical PL 108-429............ 611
Corrections Act of 2004.
Iraqi cultural antiquities
Emergency implementation of PL 108-429 Sec 3002... 613
import restrictions.
Termination of authority....... PL 108-429 Sec 3003... 613
Tariff provisions
Clarification of designation of PL 108-429 Sec 1560... 611
normal trade relations.
Integrated Border Inspection PL 108-429 Sec 1560(b) 611
Areas, creation of.
Miscellaneous Trade and Technical
Corrections Act of 2004--Continued
Wool Trust Fund.................. PL 108-429 Sec 4002(c) 613
Missile proliferation control
violations
Definitions...................... PL 96-72 Sec 11B(c)... 1406
Transfers of missile equipment or PL 96-72 Sec 11B(b)... 1404
technology by foreign persons.
Violations by U.S. persons....... PL 96-72 Sec 11B(a)... 1403
Missile technology
Export controls.................. PL 96-72 Sec 6(l)..... 1371
Moldova
Trade Act of 1974 waiver......... EO 12809.............. 1203
Monetary and financial policies.
See National Advisory Council on
International Monetary and
Financial Policies
Money laundering
Civil penalties.................. 31 USC Sec 5321....... 239
Mongolia
Normal trade relations
Nondiscriminatory treatment, PL 102-157............ 1198
extension of.
PL 106-36 Sec 2424.... 1181
Trade Act of 1974 waiver......... EO 12746.............. 1207
Montenegro
Most-favored-nation treatment
Withdrawal of status........... PL 102-420 Sec 1...... 1191
Montserrat. See Caribbean Basin
Economic Recovery Act
Morocco Free Trade Agreement
Implementation Act. See United
States-Morocco Free Trade
Agreement Implementation Act.
Most-favored-nation treatment. See
also Normal trade relations
Afghanistan
Authority to deny.............. PL 99-190 Sec 118..... 1638
PL 99-190 Sec 552..... 1638
Bulgaria
Findings and supplemental PL 104-162 Sec 1...... 1187
action.
Termination of application of PL 104-162 Sec 2...... 1188
Title IV of the Trade Act of
1974.
Cambodia
Findings....................... PL 104-203 Sec 1...... 1183
Nondiscriminatory treatment, PL 104-203 Sec 2...... 1183
extension of.
Report......................... PL 104-203 Sec 3...... 1184
China, People's Republic of
Conditions for renewal......... EO 12850.............. 1189
Czech and Slovak Federal Republic
Findings....................... PL 102-182 Sec 1(a)... 1194
Preparatory Presidential action PL 102-182 Sec 1(b)... 1194
Termination of application of PL 102-182 Sec 2...... 1195
Title IV of the Trade Act of
1974.
Estonia
Findings....................... PL 102-182 Sec 101.... 1195
Nondiscriminatory treatment, PL 102-182 Sec 102.... 1196
extension of.
Prompt provision of GSP PL 102-182 Sec 104.... 1197
treatment, sense of Congress.
Termination of application of PL 102-182 Sec 103.... 1196
Title IV of the Trade Act of
1974.
Hungary
Findings....................... PL 102-182 Sec 1(a)... 1194
Preparatory Presidential action PL 102-182 Sec 1(b)... 1194
Termination of application of PL 102-182 Sec 2...... 1195
Title IV of the Trade Act of
1974.
Latvia
Findings....................... PL 102-182 Sec 101.... 1195
Most-favored-nation treatment--
Continued
Latvia--Continued
Nondiscriminatory treatment, PL 102-182 Sec 102.... 1196
extension of.
Prompt provision of GSP PL 102-182 Sec 104.... 1197
treatment, sense of Congress.
Termination of application of PL 102-182 Sec 103.... 1196
Title IV of the Trade Act of
1974.
Lithuania
Findings....................... PL 102-182 Sec 101.... 1195
Nondiscriminatory treatment, PL 102-182 Sec 102.... 1196
extension of.
Prompt provision of GSP PL 102-182 Sec 104.... 1197
treatment, sense of Congress.
Termination of application of PL 102-182 Sec 3...... 1196
Title IV of the Trade Act of
1974.
Montenegro
Withdrawal of status........... PL 102-420 Sec 1...... 1191
Romania
Findings....................... PL 104-171 Sec 1...... 1185
Termination of application of PL 104-171 Sec 2...... 1186
Title IV of the Trade Act of
1974.
Serbia
Withdrawal of status........... PL 102-420 Sec 1...... 1191
Motor vehicles. See Automobiles;
Automotive parts
MPLA. See Marxist Popular Movement
for the Liberation of Angola
Multilateral development banks. See
also International debt
forgiveness and international
financial institutions reform;
International Financial
Institutions Act
Personnel practices.............. PL 98-181 Sec 1006.... 235
Sense of Congress................ PL 98-181............. 234
Study............................ PL 98-181 Sec 1005.... 234
Multilateral Export Control PL 100-418............ 1309
Enhancement Amendments Act.
Findings......................... PL 100-418 Sec 2442... 1310
Mandatory sanctions against PL 100-418 Sec 2443... 1310
Toshiba and Kongsberg.
Multilateral export control
violations
Compensation for diversion of PL 96-72 Sec 11A(i)... 1402
militarily critical technologies.
Damages.......................... PL 96-72 Sec 11A(k)... 1403
Definitions...................... PL 96-72 Sec 11A(e)... 1401
PL 96-72 Sec 11A(l)... 1403
Determination by the President... PL 96-72 Sec 11A(a)... 1399
Discretionary imposition of PL 96-72 Sec 11A(h)... 1402
sanctions.
Exceptions....................... PL 96-72 Sec 11A(c)... 1400
Exclusion........................ PL 96-72 Sec 11A(d)... 1401
Presidential actions............. PL 96-72 Sec 11A(j)... 1402
Reports.......................... PL 96-72 Sec 11A(g)... 1402
Sanctions........................ PL 96-72 Sec 11A(b)... 1400
Subsequent modifications of PL 96-72 Sec 11A(f)... 1401
sanctions.
Multilateral Investment Fund
Contributions to................. PL 86-147 Sec 37...... 77
Focus on low-income areas of PL 86-147 Sec 38...... 78
Latin America and the Caribbean.
Multilateral Investment Guarantee
Agency. See also International
debt forgiveness and international
financial institutions reform;
International Financial
Institutions Act; Multilateral
Investment Guarantee Agency Act
Assistance establishing financial PL 101-240 Sec 602.... 135
institutions in Poland, sense of
Congress.
Conditional financial assistance PL 101-240 Sec 603.... 136
to Poland, sense of Congress.
Multilateral Investment Guarantee PL 100-202............ 56
Agency Act.
Arbitral awards enforcement...... PL 100-202 Sec 412.... 59
Arbitral tribunal award.......... PL 100-202 Sec 414.... 60
Bretton Woods Agreements Act PL 100-202 Sec 408.... 58
applicability.
Consultations with private sector PL 100-202 Sec 407.... 58
and labor organization
representatives.
Federal Reserve banks as PL 100-202 Sec 410.... 58
depositories.
Force and effect of Articles..... PL 100-202 Sec 413.... 60
Governor and alternate Governor.. PL 100-202 Sec 404.... 56
Jurisdiction of U.S. courts...... PL 100-202 Sec 412.... 59
Membership acceptance............ PL 100-202 Sec 403.... 56
Restrictions..................... PL 100-202 Sec 409.... 58
Secretary of the Treasury PL 100-202 Sec 406.... 57
responsibilities.
Stock subscription............... PL 100-202 Sec 411.... 58
United States Director, PL 100-202 Sec 405.... 56
instructions for.
Myanmar Economic Corporation
Import restrictions.............. PL 108-61 Sec 3....... 1642
N
NAFTA. See North American Free
Trade Agreement
Nairobi Protocol
Implementation of
Duty-free treatment authority.. PL 100-418 Sec 1121... 708
Purpose........................ PL 100-418 Sec 1121(a) 707
Reference...................... PL 100-418 Sec 1121(a) 707
Statistical information........ PL 100-418 Sec 1121(i) 709
Narcotics. See Drug control
Narcotics Control Trade Act. See PL 93-618 Sec 801..... 410
also Drug control.
Definitions...................... PL 93-618 Sec 805..... 417
Progress reports................. PL 93-618 Sec 804..... 417
Sugar quota...................... PL 93-618 Sec 803..... 417
Tariff treatment of products of
uncooperative drug producing or
transit countries
Duration of action............. PL 93-618 Sec 802(c).. 415
Presidential action regarding PL 93-618 Sec 802(d).. 416
aviation.
Required action by President... PL 93-618 Sec 802(a).. 411
PL 93-618 Sec 802(b).. 411
Secretary of State guidelines.. PL 93-618 Sec 802(e).. 416
Narcotics traffickers
Authorities...................... EO 12978 Sec 4........ 1501
Blocking assets.................. EO 12978 Sec 1........ 1500
Definitions...................... EO 12978 Sec 3........ 1501
Foreign Narcotics Kingpin PL 106-120............ 1489
Designation Act.
Authorities.................... PL 106-120 Sec 806.... 1494
Blocking assets................ PL 106-120 Sec 805.... 1493
Definitions.................... PL 106-120 Sec 808.... 1496
Enforcement.................... PL 106-120 Sec 807.... 1495
Findings and policy............ PL 106-120 Sec 802.... 1489
Judicial Review Commission on PL 106-120 Sec 810.... 1496
Foreign Asset Control.
Prohibiting transactions....... PL 106-120 Sec 805(c). 1494
Public identification.......... PL 106-120 Sec 804.... 1490
Purpose........................ PL 106-120 Sec 803.... 1490
Reports........................ PL 106-120 Sec 804.... 1490
Prohibiting transactions......... EO 12978 Sec 2........ 1501
National Advisory Council on EO 11269.............. 246
International Monetary and
Financial Policies.
Chairman's annual report......... PL 95-118 Sec 1701.... 198
National Advisory Council on
International Monetary and
Financial Policies--Continued
Establishment of................. EO 11269 Sec 1........ 246
PL 79-171 Sec 4....... 5
Functions of..................... EO 11269 Sec 2........ 246
Information transmittal.......... EO 11269 Sec 4........ 248
Inter-American Development Bank PL 86-147 Sec 4....... 62
applicability.
International Development PL 86-565 Sec 4....... 42
Association applicability.
International Finance Corporation PL 84-350 Sec 4....... 51
Act applicability.
Secretary of State, functions of. EO 11269 Sec 7........ 248
Secretary of the Treasury, EO 11269 Sec 3........ 247
functions of.
National Critical Materials Act of PL 98-373............. 1726
1984.
Advanced materials research and PL 98-373 Sec 205..... 1729
technology, program and policy.
Appropriations authorization..... PL 98-373 Sec 211..... 1732
Authorities of Council........... PL 98-373 Sec 204(b).. 1729
Authority........................ PL 98-373 Sec 210..... 1732
Basic and advanced materials PL 98-373 Sec 206..... 1730
industries, innovation in.
Compensation of members.......... PL 98-373 Sec 207(a).. 1731
Cooperative efforts.............. PL 98-373 Sec 204(c).. 1729
Definition....................... PL 98-373 Sec 212..... 1733
Director, responsibilities and PL 98-373 Sec 209..... 1732
duties.
Executive Director, position and PL 98-373 Sec 208..... 1731
authorities.
Findings......................... PL 98-373 Sec 202(a).. 1726
National Critical Materials PL 98-373 Sec 203..... 1727
Council establishment.
Purpose.......................... PL 98-373 Sec 202(b).. 1727
Reimbursements................... PL 98-373 Sec 207(b).. 1731
Responsibilities of Council...... PL 98-373 Sec 204(a).. 1728
National Defense Authorization Act PL 101-510............ 1312
for FY 1991.
Benefit information for PL 101-510 Sec 4304... 1314
businesses.
Export financing for goods and
services produced by former
defense production firms
Coordination................... PL 101-510 Sec 4303(c) 1313
Export-Import Bank............. PL 101-510 Sec 4303(a) 1312
Report......................... PL 101-510 Sec 4303(d) 1314
Small Business Act............. PL 101-510 Sec 4303(b) 1313
National emergencies
Anchorage and movement of vessels Pres. Proc. 6867...... 1554
into Cuban territory.
Burma............................ EO 13310.............. 1652
Clean Diamond Trade Act.......... EO 13312.............. 1681
Export Administration Act EO 12981.............. 1444
Continuation.
Iran............................. EO 12170.............. 1603
EO 12613.............. 1605
EO 12957.............. 1606
EO 12959.............. 1608
EO 13059.............. 1611
Iraq............................. EO 13290.............. 1578
EO 13303.............. 1580
EO 13315.............. 1583
EO 13364.............. 1589
Iraq emergency, termination of... EO 13350.............. 1587
Liberia.......................... EO 13348.............. 1684
Libya............................ EO 13357.............. 1635
Narcotics traffickers............ EO 12978.............. 1500
National Emergencies Act. See PL 94-412............. 1473
also International Emergency
Economic Powers Act.
National emergencies--Continued
National Emergencies Act--
Continued
Declarations of future
emergencies
Authorities.................. PL 94-412 Sec 201..... 1473
Termination of............... PL 94-412 Sec 202..... 1474
Exercise of emergency powers PL 94-412 Sec 301..... 1475
and authorities.
Presidential accountability and PL 94-412 Sec 401..... 1475
reporting requirements.
Terminating existing declared PL 94-412 Sec 101..... 1473
emergencies.
Proliferation.................... EO 13382.............. 1512
Russia........................... EO 13159.............. 1671
Sudan............................ EO 13067.............. 1668
Syria............................ EO 13338.............. 1623
Terrorists....................... EO 12947.............. 1509
EO 13224.............. 1504
EO 13372.............. 1503
Western Balkans.................. EO 13219.............. 1660
Zimbabwe......................... EO 13288.............. 1687
National Emergencies Act. See also PL 94-412............. 1473
International Emergency Economic
Powers Act.
Declarations of future
emergencies
Authorities.................... PL 94-412 Sec 201..... 1473
Termination of................. PL 94-412 Sec 202..... 1474
Exercise of emergency powers and PL 94-412 Sec 301..... 1475
authorities.
Presidential accountability and PL 94-412 Sec 401..... 1475
reporting requirements.
Terminating existing declared PL 94-412 Sec 101..... 1473
emergencies.
National League for Democracy...... PL 108-61 Sec 2....... 1640
National security
Export controls
Agricultural commodities PL 96-72 Sec 5(q)..... 1363
exclusion.
Authority...................... PL 96-72 Sec 5(a)..... 1343
Commercial agreements with PL 96-72 Sec 5(j)..... 1361
certain countries.
Control list................... PL 96-72 Sec 5(c)..... 1346
Diversion of controlled goods PL 96-72 Sec 5(l)..... 1361
or technology.
Export licenses................ PL 96-72 Sec 5(e)..... 1350
Foreign availability........... PL 96-72 Sec 5(f)..... 1351
Goods containing controlled PL 96-72 Sec 5(m)..... 1362
parts and components.
Indexing....................... PL 96-72 Sec 5(g)..... 1357
Militarily critical PL 96-72 Sec 5(d)..... 1349
technologies.
Multilateral export controls... PL 96-72 Sec 5(i)..... 1360
National Security Control PL 96-72 Sec 5(p)..... 1362
Office.
Negotiations with countries.... PL 96-72 Sec 5(k)..... 1361
Policy toward individual PL 96-72 Sec 5(b)..... 1345
countries.
Recordkeeping.................. PL 96-72 Sec 5(o)..... 1362
Security measures.............. PL 96-72 Sec 5(n)..... 1362
Technical advisory committees.. PL 96-72 Sec 5(h)..... 1358
Export controls, study........... PL 100-418 Sec 2433... 1308
Import sanctions for export PL 87-794 Sec 233..... 870
violations.
Machine tool import arrangements PL 100-418 Sec 1501... 738
enforcement.
Trade agreements................. PL 87-794 Sec 232..... 867
National Security Control Office
Export controls.................. PL 96-72 Sec 5(p)..... 1362
National Trade Data Bank
Access to information............ PL 100-418 Sec 5412... 770
Collection of data............... PL 100-418 Sec 5411... 770
Consultation with private sector PL 100-418 Sec 5404... 766
and government officials.
Cooperation among executive PL 100-418 Sec 5405... 766
agencies.
Definitions...................... PL 100-418 Sec 5401... 765
National Trade Data Bank--Continued
Establishment of................. PL 100-418 Sec 5406... 767
Exclusion of information......... PL 100-418 Sec 5409... 769
Fees............................. PL 100-418 Sec 5412... 770
Interagency Trade Data Advisory
Committee
Functions of................... PL 100-418 Sec 5402... 766
PL 100-418 Sec 5403... 766
Nonduplication................... PL 100-418 Sec 5410... 769
Operation of..................... PL 100-418 Sec 5407... 768
Report........................... PL 100-418 Sec 5413... 770
Service sector information....... PL 100-418 Sec 5408... 769
Natural resources. See
Environmental issues
Netherlands Antilles. See Caribbean
Basin Economic Recovery Act
News media
Cuba, news bureaus in............ PL 104-114 Sec 114.... 1531
Nicaragua. See also Caribbean Basin
Economic Recovery Act
International Monetary Fund/World PL 79-171 Sec 38...... 20
Bank assistance to, sense of
Congress.
Trade benefits for............... PL 101-382 Sec 241.... 985
NLD. See National League for
Democracy
Nongovernmental organizations
Improvement of interaction with PL 95-118 Sec 1617.... 190
the International Bank for
Reconstruction and Development.
Institution-building for PL 95-118 Sec 1616.... 189
organizations concerned with the
environment.
Normal trade relations. See also PL 108-429............ 1170
Most-favored-nation treatment
Albania.......................... PL 102-363............ 1192
PL 106-200 Sec 301.... 1178
Armenia
Termination of application of PL 108-429 Sec 2001... 1170
Title IV of the Trade Act of
1974.
China, People's Republic of
Termination of application of PL 106-286 Sec 101.... 1176
Chapter 1 of Title IV of the
Trade Act of 1974.
Findings and policy.............. PL 105-206 Sec 5003(a) 668
Georgia
Findings....................... PL 106-476 Sec 3001... 1174
Termination of application of PL 106-476 Sec 3002... 1175
Title IV of the Trade Act of
1974.
Kyrgyzstan....................... PL 106-200 Sec 302.... 1179
Laos
Extension of trade relations... PL 108-429 Sec 2005... 1171
Mongolia
Nondiscriminatory treatment, PL 102-157............ 1198
extension of.
PL 106-36 Sec 2424.... 1181
Savings provisions............... PL 105-206 Sec 5003(c) 669
Union of Soviet Socialist PL 102-197............ 1193
Republics.
Vietnam.......................... PL 107-52............. 1173
Normal value
Adjustments...................... PL 71-361 Sec 773(a).. 578
Constructed value................ PL 71-361 Sec 773(e).. 582
PL 71-361 Sec 773(f).. 583
Cost of production calculation, PL 71-361 Sec 773(f).. 583
special rules.
Determination of................. PL 71-361 Sec 773(a).. 576
Exportation from an intermediate PL 71-361 Sec 773(a).. 577
country.
Fictitious markets............... PL 71-361 Sec 773(a).. 577
Indirect sales or offers for sale PL 71-361 Sec 773(a).. 578
Nonmarket economy countries...... PL 71-361 Sec 773(c).. 581
Price............................ PL 71-361 Sec 773(a).. 576
Normal value--Continued
Sales at less than cost of PL 71-361 Sec 773(b).. 579
production.
Special rule for multinational PL 71-361 Sec 773(d).. 581
corporations.
Third country sales.............. PL 71-361 Sec 773(a).. 577
Use of constructed value......... PL 71-361 Sec 773(a).. 578
North American Agreement on
Environmental Cooperation
Implementation EO 12915.............. 1061
Consultation with states....... EO 12915 Sec 2(e)..... 1063
Environmental effects of the EO 12915 Sec 2(c)..... 1062
North American Free Trade
Agreement.
Judicial review................ EO 12915 Sec 5........ 1064
National Advisory Committee.... EO 12915 Sec 3........ 1063
Policy......................... EO 12915 Sec 1........ 1061
Priorities..................... EO 12915 Sec 2(a)..... 1061
Transparency and public EO 12915 Sec 2(d)..... 1062
participation.
U.S. contributions to the EO 12915 Sec 4........ 1063
Commission.
U.S. representation on the EO 12915 Sec 2(b)..... 1062
Council.
U.S. participation in Commission. PL 103-182 Sec 532.... 957
North American countries
Trade relations with, sense of PL 93-618 Sec 612..... 410
Congress.
North American Development Bank.
See Border Environment Cooperation
Commission and the North American
Development Bank Agreement;
Foreign Operations Appropriations
Instructions, FY 2006; North
American Development Bank Act;
North American Development Bank
Amendments
North American Development Bank Act PL 103-182............ 113
Actions not to be taken without PL 103-182 Sec 541(e). 114
authorization.
Board members compensation....... PL 103-182 Sec 541(c). 114
Border Environment Cooperation
Agreement
Authority to agree to certain PL 103-182 Sec 545.... 118
amendments.
Definition..................... PL 103-182 Sec 544.... 118
Bretton Woods Agreements Act PL 103-182 Sec 541(d). 114
applicability.
Community adjustment and
investment program
Advisory committee............. PL 103-182 Sec 543(b). 116
Ombudsman...................... PL 103-182 Sec 543(c). 118
President...................... PL 103-182 Sec 543(a). 116
Reporting requirement.......... PL 103-182 Sec 543(d). 118
Federal Reserve banks as PL 103-182 Sec 541(f). 114
depositories.
Grants out of paid-in capital PL 103-182 Sec 546.... 118
resources.
Jurisdiction of U.S. courts...... PL 103-182 Sec 541(g). 114
Membership acceptance............ PL 103-182 Sec 541(a). 113
Securities issued as exempt, PL 103-182 Sec 541(h). 115
filing with Securities and
Exchange Commission.
Status, immunities, and PL 103-182 Sec 542.... 116
privileges.
Stock subscription............... PL 103-182 Sec 541(b). 113
North American Development Bank PL 108-215............ 120
Amendments.
Annual report.................... PL 108-215 Sec 2...... 120
Financing projects, sense of PL 108-215 Sec 6...... 123
Congress.
Water conservation in............ PL 108-215 Sec 3...... 121
PL 108-215 Sec 4...... 122
PL 108-215 Sec 5...... 122
North American Free Trade Agreement
Binational panel review of PL 71-361 Sec 516A(g). 460
countervailing and antidumping
duty proceedings.
Definitions...................... PL 96-39 Sec 481...... 861
North American Free Trade
Agreement--Continued
Proprietary information
disclosure
Comment by consumers and PL 71-361 Sec 777(h).. 596
industrial users.
Contents of protective orders.. PL 71-361 Sec 777(f).. 593
Issuance of protective orders.. PL 71-361 Sec 777(f).. 591
Prohibited acts................ PL 71-361 Sec 777(f).. 593
Publication of determinations.. PL 71-361 Sec 777(i).. 596
Requirements for final PL 71-361 Sec 777(i).. 596
determinations.
Sanctions...................... PL 71-361 Sec 777..... 593
Testimony and production of PL 71-361 Sec 777(f).. 594
papers.
Sanitary and phytosanitary
measures
Definitions.................... PL 96-39 Sec 463...... 858
General provisions............. PL 96-39 Sec 461...... 857
Inquiry point.................. PL 96-39 Sec 462...... 857
Standards-related measures
Definitions.................... PL 96-39 Sec 473...... 860
General provisions............. PL 96-39 Sec 471...... 859
Inquiry point.................. PL 96-39 Sec 472...... 859
North American Free Trade Agreement PL 103-182............ 947
Implementation Act. See also
Border Environment Cooperation
Commission and the North American
Development Bank Agreement
Acceptance by President of panel EO 12889 Sec 2........ 1057
and committee decisions.
Appointments to Chapter 20 panel PL 103-182 Sec 106.... 952
proceedings.
Approval of agreement............ PL 103-182 Sec 101(a). 948
Border Environmental Cooperation PL 103-182 Sec 533.... 958
Commission agreement.
Center for the Study of Western
Hemispheric Trade
Appropriations authorization... PL 103-182 Sec 515.... 956
Conditions for entry into force PL 103-182 Sec 101(b). 948
of agreement.
Congressional intent regarding PL 103-182 Sec 108.... 952
future accessions.
Consultation and layover PL 103-182 Sec 103.... 950
requirements for proclaimed
actions.
Definitions...................... PL 103-182 Sec 2...... 947
Environmental Cooperation PL 103-182 Sec 532.... 957
Agreement.
Government procurement procedures EO 12889 Sec 5........ 1058
Government use of patented EO 12889 Sec 6........ 1058
technology.
Implementing actions in PL 103-182 Sec 104(a). 951
anticipation of entry into force.
Initial regulations.............. PL 103-182 Sec 104(b). 951
Judicial review.................. EO 12889 Sec 7........ 1059
Labor cooperation agreement...... PL 103-182 Sec 531.... 957
NAFTA Secretariat, establishment EO 12889 Sec 1........ 1057
of United States section.
PL 103-182 Sec 105.... 951
Operation and effects of the PL 103-182 Sec 512.... 955
agreement, review of.
Relationship of agreement to PL 103-182 Sec 102.... 948
United States and state law.
Safeguard provisions for textile EO 12889 Sec 3........ 1057
and apparel goods.
Technical regulations and EO 12889 Sec 4........ 1057
sanitary and phytosanitary
measures, publication of
proposed rules.
Termination of NAFTA status...... PL 103-182 Sec 109.... 954
NTR. See Normal trade relations
Nuclear power plants
Cuba, withholding foreign PL 104-114 Sec 111.... 1529
assistance from supporters of
Juragua plant.
Nuclear weapons
Blocking property of the EO 13159.............. 1671
government of the Russian
Federation relating to the
disposition of highly enriched
uranium.
Nutrition
International Bank for PL 95-118 Sec 1618.... 191
Reconstruction and Development
programs.
International financial PL 95-118 Sec 901..... 156
institutions promotion in
developing countries.
O
OECD. See Organization for Economic
Coordination and Development
Omnibus Trade and Competitiveness PL 100-418............ 685
Act of 1988.
PL 100-418............ 1280
Accession of state trading PL 100-418 Sec 1106... 705
regimes to the General Agreement
on Tariffs and Trade or the
World Trade Organization.
American Institute of Taiwan
Commercial personnel........... PL 100-418 Sec 2201... 1284
Antidumping and countervailing
duty law enforcement
Reference to Title VII of the PL 100-418 Sec 1311... 723
Tariff Act of 1930.
Third-country dumping.......... PL 100-418 Sec 1317... 723
Barter and countertrade.......... PL 100-418 Sec 2205... 1286
Budget Act regulations........... PL 100-418 Sec 2503... 1311
Caribbean Basin Initiative....... PL 100-418 Sec 1909... 740
China, market orientation study.. PL 100-418 Sec 1336(a) 724
Competitiveness impact statements PL 100-418 Sec 5421... 771
Competitiveness Policy Council
Act
Annual report.................. PL 100-418 Sec 5208... 764
Appropriations authorization... PL 100-418 Sec 5209... 765
Definitions.................... PL 100-418 Sec 5210... 765
Details........................ PL 100-418 Sec 5206(d) 762
Duties of...................... PL 100-418 Sec 5204... 758
Establishment of............... PL 100-418 Sec 5203... 758
Executive director............. PL 100-418 Sec 5206(a) 762
Experts and consultants........ PL 100-418 Sec 5206(b) 762
Findings and purposes.......... PL 100-418 Sec 5202... 757
Membership..................... PL 100-418 Sec 5205... 759
Powers of...................... PL 100-418 Sec 5207... 762
Staff.......................... PL 100-418 Sec 5206(b) 762
Countries providing weaponry to PL 100-418 Sec 2102... 1282
belligerent countries in the
Persian Gulf region, sense of
Congress.
Crude oil production and refining PL 100-418 Sec 1935... 742
capacity in the United States,
effect of imports.
Cuba, enforcement of restrictions PL 100-418 Sec 1911... 741
on imports from.
Currency exchange rate PL 100-418 Sec 1124... 710
negotiations.
Definitions...................... PL 100-418 Sec 1107... 706
Domestically produced crude oil, PL 100-418 Sec 2424... 1306
exports of.
Duty-free sales enterprises...... PL 100-418 Sec 1901... 739
Environmental trade promotion
Definition..................... PL 100-418 Sec 2313(k) 1305
Environmental Technologies PL 100-418 Sec 2313(c) 1301
Trade Advisory Committee.
Environmental Trade Promotion PL 100-418 Sec 2313(b) 1300
Working Group.
Environmental training......... PL 100-418 Sec 2313(g) 1303
Export alliances............... PL 100-418 Sec 2313(j) 1305
Omnibus Trade and Competitiveness
Act of 1988--Continued
Environmental trade promotion--
Continued
Export plans for priority PL 100-418 Sec 2313(d) 1301
countries.
International regional PL 100-418 Sec 2313(h) 1303
environmental initiatives.
Project advocacy calendar and PL 100-418 Sec 2313(i) 1304
information dissemination
program.
Statement of policy............ PL 100-418 Sec 2313(a) 1300
Technologies specialists in the PL 100-418 Sec 2313(f) 1302
United States and Foreign
Commercial Service.
Trade information.............. PL 100-418 Sec 2313(e) 1302
Ethyl alcohol studies............ PL 100-418 Sec 1910... 740
Exchange rates and international
economic policy coordination
Definitions.................... PL 100-418 Sec 3006... 746
Findings....................... PL 100-418 Sec 3002... 743
International negotiations..... PL 100-418 Sec 3004... 745
Reporting requirements......... PL 100-418 Sec 3005... 745
Statement of policy............ PL 100-418 Sec 3003... 744
Export policy, report............ PL 100-418 Sec 2314... 1305
Export promotion programs PL 100-418 Sec 2305... 1296
appropriations authorization.
Export trading companies, report. PL 100-418 Sec 2311... 1297
Fair Trade in Auto Parts Act of
1988
Definition..................... PL 100-418 Sec 2122... 1282
Expiration date................ PL 100-418 Sec 2125... 1284
Japan.......................... PL 100-418 Sec 2123... 1282
PL 100-418 Sec 2124... 1283
Financial reports
Bank loan loss reserves........ PL 100-418 Sec 3604... 756
Fair trade in financial PL 100-418 Sec 3603... 756
services.
Foreign treatment of U.S. PL 100-418 Sec 3602... 755
financial institutions,
quadrennial reports.
Foreign shipping practices
Foreign laws and practices..... PL 100-418 Sec 10002.. 775
Harmonized Tariff Schedule
Commission report on operation PL 100-418 Sec 1216... 720
of.
Commission review and PL 100-418 Sec 1205... 714
recommendations.
Congressional approval of U.S. PL 100-418 Sec 1203... 712
accession to the Convention.
Coordination of trade policy PL 100-418 Sec 1209... 716
and the Convention.
Customs Cooperation Council PL 100-418 Sec 1210... 716
regarding the Convention, U.S.
participation.
Definitions.................... PL 100-418 Sec 1202... 711
Enactment of................... PL 100-418 Sec 1204... 712
Import and export statistics... PL 100-418 Sec 1208... 716
Interim informational use of PL 100-418 Sec 1204(d) 714
classifications.
Modifications to............... PL 100-418 Sec 1204(b) 712
Presidential action on PL 100-418 Sec 1206... 715
Commission recommendations.
Publication of................. PL 100-418 Sec 1207... 715
Purposes....................... PL 100-418 Sec 1201... 711
Reference to................... PL 100-418 Sec 1212... 720
Status of...................... PL 100-418 Sec 1204(c) 713
Transition to.................. PL 100-418 Sec 1211... 717
Implementation of................ EO 12661.............. 908
Accession of state trading EO 12661 Sec 1-101.... 908
regimes to the General
Agreement on Tariffs and Trade.
Countertrade and barter........ EO 12661 Sec 2-101.... 909
Executive oversight............ EO 12661 Sec 5-101.... 910
Omnibus Trade and Competitiveness
Act of 1988--Continued
Implementation of--Continued
International Trade Commission EO 12661 Sec 5-301.... 911
report.
Offsets........................ EO 12661 Sec 5-201.... 910
Regulatory review.............. EO 12661 Sec 5-102.... 910
Reporting functions............ EO 12661 Sec 5-202.... 911
Sanctions against Toshiba and EO 12661 Sec 2-201.... 909
Kongsberg.
Steel imports.................. EO 12661 Sec 1-301.... 908
Strengthening international EO 12661 Sec 5-401.... 911
institutions.
Telecommunications trade....... EO 12661 Sec 1-401.... 908
Uniform fee on imports......... EO 12661 Sec 1-501.... 908
Wine barriers.................. EO 12661 Sec 1-201.... 908
Import competition adjustment
Certification methods study.... PL 100-418 Sec 1429... 737
Imposition of small uniform fee PL 100-418 Sec 1428... 736
on all imports.
Indian tribes export promotion... PL 100-418 Sec 2307... 1296
Intellectual property rights
Findings and purposes.......... PL 100-418 Sec 1341... 725
Identification of countries PL 100-418 Sec 1303... 720
denying protection of.
Protection of, sense of PL 100-418 Sec 2206... 1288
Congress.
Protection under Tariff Act of PL 100-418 Sec 1342... 725
1930.
International Coffee Agreement PL 100-418 Sec 1123... 710
Act of 1980 extension.
International debt
Findings....................... PL 100-418 Sec 3102... 747
Limited purpose Special Drawing PL 100-418 Sec 3123... 752
Rights for the poorest heavily
indebted countries.
Provisions relating to the PL 100-418 Sec 3121... 751
regulation of depository
institutions.
Purposes....................... PL 100-418 Sec 3103... 747
Regulation of depository PL 100-418 Sec 3122... 751
institutions, studies relating
to.
Statement of policy............ PL 100-418 Sec 3104... 748
International Debt Management
Authority
Actions to facilitate creation PL 100-418 Sec 3112... 750
of the Authority.
Directive...................... PL 100-418 Sec 3111(a) 748
Final report................... PL 100-418 Sec 3111(d) 749
International Monetary Fund- PL 100-418 Sec 3113... 750
World Bank review.
Interim reports................ PL 100-418 Sec 3111(c) 749
Objectives..................... PL 100-418 Sec 3111(b) 749
Japan
Arab boycott of Israel, sense PL 100-418 Sec 2209... 1289
of Congress.
Coal exports to................ PL 100-418 Sec 1933... 741
Importation of manufactured PL 100-418 Sec 2208... 1288
goods from less developed
countries.
Investigation of barriers to PL 100-418 Sec 1305... 721
certain U.S. services.
Purchases of U.S.-made PL 100-418 Sec 1934... 742
automotive parts.
Supercomputer trade dispute.... PL 100-418 Sec 1307... 722
Trade and economic relations PL 100-418 Sec 1306... 721
with.
Jewelry trade, facilitation of, PL 100-418 Sec 2210... 1289
sense of Congress.
Lamb meat imports................ PL 100-418 Sec 1937... 743
Legislative history of H.R. 3 PL 100-418 Sec 2...... 690
applicable.
License application procedures... PL 100-418 Sec 2425... 1308
Omnibus Trade and Competitiveness
Act of 1988--Continued
Market Development Cooperator
Program
Budget Act regulations......... PL 100-418 Sec 2303(d) 1295
Cooperator Partnership Program. PL 100-418 Sec 2303(c) 1294
Implementation of.............. PL 100-418 Sec 2303(b) 1294
Secretary of Commerce authority PL 100-418 Sec 2303(a) 1293
Mixtures for fuel use studies.... PL 100-418 Sec 1910... 740
Multilateral Export Control
Enhancement
Findings....................... PL 100-418 Sec 2442... 1310
Mandatory sanctions against PL 100-418 Sec 2443... 1310
Toshiba and Kongsberg.
Nairobi Protocol implementation
Duty-free treatment............ PL 100-418 Sec 1121(g) 708
PL 100-418 Sec 1121(h) 708
Purpose........................ PL 100-418 Sec 1121(a) 707
Reference...................... PL 100-418 Sec 1121(a) 707
Statistical information........ PL 100-418 Sec 1121(i) 709
National defense expenditures, PL 100-418 Sec 5423... 772
impact on international
competitiveness.
National security
Machine tool import PL 100-418 Sec 1501... 738
arrangements enforcement.
National security export PL 100-418 Sec 2433... 1308
controls, study.
National Trade Data Bank
Access to information.......... PL 100-418 Sec 5412... 770
Collection of data............. PL 100-418 Sec 5411... 770
Consultation with private PL 100-418 Sec 5404... 766
sector and government
officials.
Cooperation among executive PL 100-418 Sec 5405... 766
agencies.
Definitions.................... PL 100-418 Sec 5401... 765
Establishment of............... PL 100-418 Sec 5406... 767
Exclusion of information....... PL 100-418 Sec 5409... 769
Fees........................... PL 100-418 Sec 5412... 770
Interagency Trade Data Advisory PL 100-418 Sec 5402... 766
Committee.
Functions of................. PL 100-418 Sec 5403... 766
Nonduplication................. PL 100-418 Sec 5410... 769
Operation of................... PL 100-418 Sec 5407... 768
Report......................... PL 100-418 Sec 5413... 770
Service sector information..... PL 100-418 Sec 5408... 769
Overall trade negotiating PL 100-418 Sec 1101(a) 691
objectives.
Overseas Private Investment
Corporation
Reaffirmation of support....... PL 100-418 Sec 2203(a) 1284
Primary dealers
Requirement of national PL 100-418 Sec 3502... 754
treatment in underwriting
government debt instruments.
Principal trade negotiating
objectives
Access to high technology...... PL 100-418 Sec 1101(b) 695
Agriculture.................... PL 100-418 Sec 1101(b) 692
Border taxes................... PL 100-418 Sec 1101(b) 696
Current account surpluses...... PL 100-418 Sec 1101(b) 692
Developing countries........... PL 100-418 Sec 1101(b) 692
Dispute settlement............. PL 100-418 Sec 1101(b) 691
Foreign direct investment...... PL 100-418 Sec 1101(b) 694
Improvement of GATT and PL 100-418 Sec 1101(b) 691
multilateral trade negotiation
agreements.
Intellectual property.......... PL 100-418 Sec 1101(b) 694
Safeguards..................... PL 100-418 Sec 1101(b) 695
Specific barriers.............. PL 100-418 Sec 1101(b) 695
Trade and monetary coordination PL 100-418 Sec 1101(b) 692
Trade in services.............. PL 100-418 Sec 1101(b) 693
Transparency................... PL 100-418 Sec 1101(b) 692
Omnibus Trade and Competitiveness
Act of 1988--Continued
Principal trade negotiating
objectives--Continued
Unfair trade practices......... PL 100-418 Sec 1101(b) 693
Worker rights.................. PL 100-418 Sec 1101(b) 695
Reciprocal nondiscriminatory PL 100-418 Sec 1105... 704
treatment.
Sematech, study and report by PL 100-418 Sec 5422... 771
Advisory Council on Federal
Participation in.
Small business
Globalization of production.... PL 100-418 Sec 8009... 772
National seminar on exports.... PL 100-418 Sec 8011... 774
Promulgation of regulations.... PL 100-418 Sec 8013... 774
Trade negotiations............. PL 100-418 Sec 8012... 774
Trade remedy assistance........ PL 100-418 Sec 8010... 773
Telecommunications trade
Action to ensure compliance.... PL 100-418 Sec 1380... 734
Actions to be taken if no PL 100-418 Sec 1376... 730
foreign trade agreement
obtained.
Compensation authority......... PL 100-418 Sec 1378... 733
Consultations.................. PL 100-418 Sec 1379... 733
Definitions.................... PL 100-418 Sec 1373... 727
Findings and purposes.......... PL 100-418 Sec 1371... 726
Foreign trade barriers, PL 100-418 Sec 1374... 728
investigation of.
International obligations...... PL 100-418 Sec 1382... 735
Negotiations in response to PL 100-418 Sec 1375... 728
foreign trade barriers
investigation.
Review of trade agreement PL 100-418 Sec 1377... 732
implementation by Trade
Representative.
Submission of data............. PL 100-418 Sec 1380... 734
Telecommunications PL 100-418 Sec 1381... 735
competitiveness in the U.S.
study.
Trade, customs, and tariff laws
Findings and purposes.......... PL 100-418 Sec 1001... 690
Trade agreement negotiating
authority
Agreements regarding nontariff PL 100-418 Sec 1102(b) 697
barriers.
Agreements regarding tariff PL 100-418 Sec 1102(a) 696
barriers.
Bilateral agreements regarding PL 100-418 Sec 1102(c) 698
tariff and nontariff barriers.
Consultation with Congress PL 100-418 Sec 1102(d) 698
before agreements entered into.
Uruguay Round trade PL 100-418 Sec 1102(e) 699
negotiations, special
provisions regarding.
Trade agreements implementation
Computation of periods of time. PL 100-418 Sec 1103(d) 704
Congressional ``fast track'' PL 100-418 Sec 1103(b) 701
procedures.
House of Representatives and PL 100-418 Sec 1103(d) 703
Senate rules.
Limitations on use of ``fast PL 100-418 Sec 1103... 700
track'' procedures.
PL 100-418 Sec 1103(c) 702
Trade agreements termination and PL 100-418 Sec 1105... 704
reservation authority.
Trade and Development Program
Administrative provisions...... PL 100-418 Sec 2204(d) 1285
Funding levels................. PL 100-418 Sec 2204(b) 1284
Reaffirmation of support....... PL 100-418 Sec 2204(a) 1284
Trade barriers established by PL 100-418 Sec 1936... 743
auto producing countries and
impact on U.S. market, study of.
Trade Promotion Coordinating
Committee
Duties......................... PL 100-418 Sec 2312(b) 1298
Establishment and purpose...... PL 100-418 Sec 2312(a) 1298
Omnibus Trade and Competitiveness
Act of 1988--Continued
Trade Promotion Coordinating
Committee--Continued
Member qualifications.......... PL 100-418 Sec 2312(e) 1299
Membership..................... PL 100-418 Sec 2312(d) 1299
Report......................... PL 100-418 Sec 2312(f) 1299
Strategic plan................. PL 100-418 Sec 2312(c) 1298
Trade shows...................... PL 100-418 Sec 2304... 1295
United States and Foreign
Commercial Service
Audits......................... PL 100-418 Sec 2301(g) 1292
Cooperation in Federal PL 100-418 Sec 2301(f) 1292
financing and insurance
programs.
Definitions.................... PL 100-418 Sec 2301(j) 1293
Establishment of............... PL 100-418 Sec 2301(a) 1289
Information dissemination...... PL 100-418 Sec 2301(e) 1292
Offices........................ PL 100-418 Sec 2301(c) 1290
Pacific Rim Initiative......... PL 100-418 Sec 2306... 1296
Pay of Assistant Secretary and PL 100-418 Sec 2301(i) 1293
Director General.
Rank of Commercial Service PL 100-418 Sec 2301(d) 1291
officers in foreign missions.
Report......................... PL 100-418 Sec 2301(h) 1293
Statement of purpose........... PL 100-418 Sec 2301(b) 1290
United States-EC agreement on PL 100-418 Sec 1122... 709
citrus and pasta implementation.
United States-Mexico Framework PL 100-418 Sec 2101... 1282
Agreement on Trade and
Investment.
Wine trade barriers, reports on PL 100-418 Sec 1125... 710
negotiations to eliminate.
Wood exports, monitoring......... PL 100-418 Sec 2432... 1308
Worker rights, report............ PL 100-418 Sec 2207... 1288
Organization for Economic
Coordination and Development
Environmental protection PL 101-240 Sec 722.... 137
assistance negotiations.
Organization of American States
Emergency fund................... PL 104-114 Sec 109(b). 1527
Opposition to Cuban government PL 104-114 Sec 105.... 1525
participation.
Overseas Private Investment
Corporation
International trade functions.... RP No. 3 of 1979 Sec 4 895
Reaffirmation of support......... PL 100-418 Sec 2203(a) 1284
P
Palestine Liberation Organization
International Monetary Fund PL 79-171 Sec 37...... 19
membership, denial of.
Panama. See Caribbean Basin
Economic Recovery Act
Par Value Modification Act
International financial PL 92-268 Sec 3....... 242
institutions holdings maintained
in terms of gold.
Paris Economy Pact
International Trade Commission PL 71-361 Sec 332(c).. 429
investigations.
Pelosi amendment................... PL 95-118 Sec 1307.... 161
People's Republic of China. See
China, People's Republic of
Persian Gulf
Trade relations with countries PL 100-418 Sec 2102... 1282
providing weaponry to
belligerent countries, sense of
Congress.
Peru. See Andean Trade Preference
Act
Petroleum products
Prohibiting transactions with EO 12957.............. 1606
respect to development of
Iranian resources.
Short supply export controls..... PL 96-72 Sec 7(e)..... 1379
PL 96-72 Sec 7(f)..... 1380
Petroleum refining
Effect of imports on capacity in PL 100-418 Sec 1935... 742
the United States.
Pharmaceuticals. See HIV/AIDS
pharmaceuticals
Phytosanitary measures. See
Sanitary and phytosanitary
measures
PLO. See Palestine Liberation
Organization
Poland
Assistance by multilateral PL 101-240 Sec 602.... 135
lending institutions to
establish financial
institutions, sense of Congress.
Conditional financial assistance PL 101-240 Sec 603.... 136
by multilateral lending
institutions, sense of Congress.
Loan requests to International PL 101-240 Sec 601.... 135
Bank for Reconstruction and
Development and the
International Monetary Fund,
sense of Congress.
Pork products
Imports from Canada.............. PL 98-573 Sec 250..... 789
Poverty
Export-Import Bank special debt PL 79-173 Sec 14...... 1262
relief for poorest, most heavily
indebted countries.
Heavily Indebted Poor Countries
Initiative
Improvement of................. PL 95-118 Sec 1623.... 193
Modification of................ PL 95-118 Sec 1625.... 196
Presidential action
Import injury caused by PL 93-618 Sec 203..... 326
competition.
PL 93-618 Sec 203(b).. 329
International Trade Commission PL 100-418 Sec 1206... 715
recommendations on Harmonized
Tariff Schedule.
Market disruption................ PL 93-618 Sec 421(k).. 387
Mexican debt
Certification regarding swap of PL 104-6 Sec 406...... 211
currencies through exchange
stabilization fund or Federal
Reserve.
Report of short- and long-term PL 104-6 Sec 403...... 209
currency swaps.
Tariff treatment of products of PL 93-618 Sec 802..... 411
uncooperative drug producing or
transit countries.
Trade diversion.................. PL 93-618 Sec 422(h).. 391
President's Export Council......... EO 12131.............. 1452
Primary Dealers Act of 1988
Requirement of national treatment PL 100-418 Sec 3502... 754
in underwriting government debt
instruments.
Production
Equalization of costs............ PL 71-361 Sec 336..... 433
Uniform statistical data......... PL 93-618 Sec 608..... 409
Proprietary information
Access to........................ PL 71-361 Sec 777(b).. 587
Disclosure under protective
orders issued pursuant to the
North American Free Trade
Agreement or the United States-
Canada Agreement
Comment by consumers and PL 71-361 Sec 777(h).. 596
industrial users.
Proprietary information--Continued
Disclosure under protective
orders issued pursuant to the
North American Free Trade
Agreement or the United States-
Canada Agreement--Continued
Contents of orders............. PL 71-361 Sec 777(f).. 593
Enforcement of sanctions....... PL 71-361 Sec 777(f).. 594
Issuance of orders............. PL 71-361 Sec 777(f).. 591
Prohibited acts................ PL 71-361 Sec 777(f).. 593
Publication of determinations.. PL 71-361 Sec 777(i).. 596
Requirements for final PL 71-361 Sec 777(i).. 596
determinations.
Review of sanctions............ PL 71-361 Sec 777(f).. 594
Sanctions for violation of PL 71-361 Sec 777(f).. 593
protective orders.
Testimony and production of PL 71-361 Sec 777(f).. 594
papers.
Violations of protective orders PL 71-361 Sec 777(g).. 595
and sanctions.
Limited disclosure of certain PL 71-361 Sec 777(c).. 589
information under protective
order.
Service.......................... PL 71-361 Sec 777(d).. 591
Public health
Effect of pending multilateral PL 95-118 Sec 1703.... 201
development bank loans.
Enhanced HIPC Initiative, PL 95-118 Sec 1625.... 196
modification of.
Puerto Rico
Duty-free treatment under PL 98-67 Sec 214...... 1049
Caribbean Basin Economic
Recovery Act.
R
Red cedar, unprocessed
Short supply export controls..... PL 96-72 Sec 7(i)..... 1383
Regional development banks
African Development Bank PL 97-35 Sec 1337..... 97
depositories.
African Development Fund PL 94-302 Sec 207..... 102
depositories.
European Bank for Reconstruction PL 101-513 Sec 562.... 109
and Development depositories.
Inter-American Investment PL 98-473 Sec 206..... 80
Corporation depositories.
International Development PL 86-565 Sec 6....... 42
Association depositories.
International Monetary Fund/World PL 79-171 Sec 6....... 8
Bank Group depositories.
Middle East Development Bank PL 104-208 Sec 705.... 124
depositories.
Multilateral Investment Guarantee PL 100-202 Sec 410.... 58
Agency depositories.
North American Development Bank PL 103-182 Sec 541(f). 114
depositories.
Reorganization Plan No. 3 of 1979
International trade functions RP No. 3 1979......... 893
Department of Commerce......... RP No. 3 1979 Sec 2... 894
East-West Foreign Trade Board RP No. 3 1979 Sec 6... 897
abolition.
Export-Import Bank of the RP No. 3 1979 Sec 3... 895
United States.
Incidental transfers........... RP No. 3 1979 Sec 8... 897
Interim officers............... RP No. 3 1979 Sec 8... 897
Overseas Private Investment RP No. 3 1979 Sec 4... 895
Corporation.
Secretary of State RP No. 3 1979 Sec 7... 897
responsibility.
Transfer of functions.......... RP No. 3 1979 Sec 5... 895
United States Trade RP No. 3 1979 Sec 1... 893
Representative, Office of.
Reports to Congress
Africa trade and development PL 103-465 Sec 134(b). 675
policy.
African Development Bank PL 97-35 Sec 1341..... 99
securities issued as exempt.
Agricultural commodity producers PL 106-200 Sec 408.... 653
trade adjustment assistance.
AID credit guarantees to finance PL 102-549 Sec 307.... 680
capital projects, feasibility of.
Andean Trade Preference Act
Beneficiary countries.......... PL 102-182 Sec 203(f). 964
Impact of...................... PL 102-182 Sec 206.... 978
Anti-bribery and fair competition PL 105-366 Sec 6...... 1756
enforcement and monitoring.
Asian Development Bank securities PL 89-369 Sec 11...... 86
issued as exempt.
Barriers to market access, PL 93-618 Sec 181(b).. 309
estimates of.
Beneficiary developing countries. PL 93-618 Sec 504..... 402
Burma
Economic sanctions against..... PL 101-382 Sec 138.... 1650
Freezing assets of Burmese PL 108-61 Sec 4....... 1643
regime in the United States.
Policy toward.................. PL 104-208 Sec 570(d). 1648
Support for democracy activists PL 108-61 Sec 8....... 1644
Cambodia
Most-favored-nation treatment.. PL 104-203 Sec 3...... 1184
Capital flight, elimination of... PL 101-240 Sec 404(c). 130
Capital projects................. PL 102-549 Sec 305.... 679
Caribbean Basin tax havens, use PL 98-67 Sec 223...... 1054
of.
Center for the Study of Western PL 98-67 Sec 219(h)... 1053
Hemispheric Trade.
China, People's Republic of
Compliance with WTO obligations PL 106-286 Sec 421.... 1154
Task force on prohibition of PL 106-286 Sec 505.... 1156
importation of products of
forced or prison labor.
Competitiveness Policy Council... PL 100-418 Sec 5208... 764
Congressional-Executive PL 106-286 Sec 302(g). 1148
Commission on the People's
Republic of China.
Controlled substances, list of PL 93-618 Sec 606..... 408
foreign countries producing,
processing, or transporting.
Cuba
Assistance program coordination PL 104-114 Sec 203(c). 1538
Commerce with and assistance PL 104-114 Sec 108.... 1526
from other countries.
Debt reduction for highly PL 101-240 Sec 405.... 131
indebted countries, developing
U.S. policy.
Denial of foreign tax credit to PL 99-514 Sec 901..... 1480
certain countries.
Diamond import and export control PL 108-19 Sec 12...... 1679
Discriminatory procurement EO 13116 Sec 1........ 917
practices.
Dominican Republic-Central PL 109-53 Sec 403(a).. 934
America-United States Free Trade
Agreement Implementation Act.
Employment and trade adjustment PL 106-200 Sec 401.... 651
assistance.
Environmental impact of proposed PL 95-118 Sec 1307(f). 163
multilateral development bank
actions, assessment of.
Environmental trade promotion, PL 102-429 Sec 204.... 1278
insurance feasibility.
European Bank for Reconstruction PL 101-513 Sec 562.... 111
and Development securities
issued as exempt.
Exchange rates and international PL 100-418 Sec 3005... 745
economic policy coordination.
Export-Import Bank
Assistance to small businesses. PL 107-189 Sec 8(c)... 1266
Reports to Congress--Continued
Export-Import Bank--Continued
Employee compensation.......... PL 102-429 Sec 117(c). 1276
Environmental policy and PL 79-173 Sec 11(c)... 1259
procedures.
Export credit competition...... PL 95-630 Sec 1913.... 1327
Financing in the national PL 79-173 Sec 2(b).... 1228
interest, Presidential
determination.
Financing of services.......... PL 102-429 Sec 119.... 1276
Loan loss reserves............. PL 79-173 Sec 2(b).... 1219
PL 79-173 Sec 8....... 1249
PL 101-240 Sec 101(e). 127
Private insurance role......... PL 99-472 Sec 16...... 1317
Regional offices............... PL 102-429 Sec 118.... 1276
Sale of defense articles or PL 79-173 Sec 2(b).... 1235
services.
Trade finance demand for Baltic PL 102-429 Sec 120.... 1277
States, independent States of
the former Soviet Union, and
Central and Eastern Europe.
Exports
Administration................. PL 96-72 Sec 14....... 1417
Controls on high performance PL 105-85 Sec 1212.... 1428
computers.
Developing countries........... PL 100-418 Sec 3303... 1316
Financing for goods and PL 101-510 Sec 4303(d) 1314
services produced by former
defense production firms.
License application processing. PL 96-72 Sec 10(n).... 1394
Policy......................... PL 100-418 Sec 2314... 1305
Promotion barter arrangements.. PL 99-64 Sec 203(e)... 1434
Trade certificates of review... PL 97-290 Sec 304..... 815
Trading companies.............. PL 97-290 Sec 205..... 812
PL 100-418 Sec 2311... 1297
Financial stabilization programs PL 95-118 Sec 1704.... 201
led by the International
Monetary Fund with financing
from the exchange stabilization
fund.
Foreign corrupt practices PL 100-418 Sec 5003... 1752
international agreement.
Foreign currency transactions.... 31 USC Sec 5315....... 236
Foreign direct investment
Government Accountability PL 101-533 Sec 4...... 1709
Office.
Secretary of Commerce.......... PL 101-533 Sec 3...... 1707
Foreign investment study......... PL 93-479 Sec 10...... 1695
Foreign laws and practices....... PL 100-418 Sec 777
10002(g).
Foreign narcotics kingpin public PL 106-120 Sec 804.... 1490
identification.
Foreign treatment of U.S. PL 100-418 Sec 3602... 755
financial institutions.
General Agreement on Tariffs and
Trade
Negotiations................... PL 96-39 Sec 304(d)... 835
Operation of................... PL 96-39 Sec 203...... 829
PL 96-39 Sec 453...... 857
Rules of origin................ PL 96-39 Sec 305(c)... 836
Government Accountability Office
Comparative reserve practices PL 107-189 Sec 14..... 1267
of export credit agencies and
private banks.
Trade adjustment assistance.... PL 93-618 Sec 280..... 342
Government-owned enterprises in PL 95-118 Sec 1607.... 181
countries receiving World Bank
loans.
Government procurement trade PL 96-39 Sec 305(k)... 842
agreements.
Grassroots Collaboration Program, PL 95-118 Sec 1602(e). 177
establishment and operation.
Greenhouse gas intensity......... PL 101-240 Sec 732.... 138
Reports to Congress--Continued
Greenhouse gas intensity--
Continued
PL 101-240 Sec 734.... 140
PL 101-240 Sec 735.... 140
Harmonized Tariff Schedule PL 100-418 Sec 1216... 720
operation.
Hong Kong Policy Act of 1992
Requirements................... PL 102-383 Sec 301.... 1166
Separate part of country PL 102-383 Sec 302.... 1167
reports.
IBRD policy based lending for PL 100-461 Sec 3...... 144
debt reduction.
Impact of trade promotion PL 107-210 Sec 2111... 646
authority.
Import injury caused by PL 93-618 Sec 203(b).. 329
competition, action by President.
Import prohibition enforcement, PL 71-361 Sec 308..... 419
dog and cat fur products.
Increasing productive economic PL 95-118 Sec 1613(b). 186
participation of the poor.
Indentured child labor EO 13126 Sec 4........ 921
prohibition.
Independent states of the former
Soviet Union
Debt held by commercial PL 102-511 Sec 1007... 213
financial institutions.
Intellectual property rights, PL 93-618 Sec 182(g).. 314
identification of countries
denying adequate protection or
market access for.
Inter-American Development Bank
Audit.......................... PL 86-147 Sec 14...... 65
Development and utilization of PL 86-147 Sec 28...... 70
light-capital or intermediate
technologies.
Securities issued as exempt.... PL 86-147 Sec 11...... 64
Inter-American Investment PL 98-473 Sec 210(b).. 82
Corporation securities issued as
exempted.
International Coffee Agreement... PL 96-599 Sec 5....... 1735
International Cultural and Trade PL 100-113 Sec 8(h)... 785
Center Commission.
International Debt Management PL 100-418 Sec 3111... 749
Authority.
International Emergency Economic PL 95-223 Sec 204(c).. 1471
Powers authorities.
International Finance Corporation PL 84-350 Sec 13...... 54
securities issued as exempt.
International financial
institutions
Administrative provisions...... PL 95-118 Sec 1504(b). 173
Development of standard for PL 95-118 Sec 703..... 155
protection of human rights.
Loans.......................... PL 95-118 Sec 701(c).. 153
Microenterprise credit PL 95-118 Sec 1603(c). 178
promotion activities.
Policies, operations and PL 106-429 Sec 803.... 218
management.
International financial system, PL 95-118 Sec 1705.... 203
IMF reform, and IMF agreements
compliance, state of.
International Trade Commission
Caribbean Basin Economic EO 12661 Sec 5-301.... 911
Recovery Act impact.
PL 98-67 Sec 215...... 1050
Investigations................. PL 71-361 Sec 332(g).. 430
PL 93-618 Sec 202(f).. 324
Trade agreements program....... PL 93-618 Sec 163(c).. 306
Involvement of women in PL 95-118 Sec 1604.... 178
multilateral development bank
activities.
Iran and Libya Sanctions Act of PL 104-172 Sec 10..... 1598
1996.
Iraq sanctions................... PL 101-513 Sec 586J... 1574
Japan, purchases of U.S.-made PL 100-418 Sec 1934(c) 742
automotive parts.
Reports to Congress--Continued
Judicial Review Commission on PL 106-120 Sec 810(g). 1498
Foreign Asset Control.
Limited purpose Special Drawing PL 100-418 Sec 3123... 752
Rights for the poorest heavily
indebted countries.
Linkage of debt reduction loans PL 101-240 Sec 407.... 132
to reduction in drug trafficking.
Mark to market accounting........ PL 101-240 Sec 403.... 129
Mexican debt
Presidential report of short- PL 104-6 Sec 403...... 209
and long-term currency swaps.
Secretary of the Treasury PL 104-6 Sec 404...... 209
report of short- and long-term
currency swaps.
Middle East Development Bank PL 104-208 Sec 709.... 126
securities issued as exempt.
Military-related exports, impact 50 USC App Sec 2099... 1435
of offsets.
Multilateral development bank PL 95-118 Sec 1703.... 201
loans, effect of pending loans
on environment, natural
resources, public health, and
indigenous peoples.
Multilateral development banks, PL 95-118 Sec 1702.... 201
operating summaries of.
Multilateral export control PL 96-72 Sec 11A(g)... 1402
violations.
Narcotics control progress PL 93-618 Sec 804..... 417
concerning drug producing or
transit countries.
National Advisory Council on PL 79-171 Sec 59(b)... 33
International Monetary and
Financial Policies.
PL 95-118 Sec 1701.... 198
National Trade Data Bank......... PL 100-418 Sec 5413... 770
North American Development Bank
Community adjustment and PL 103-182 Sec 543(d). 118
investment program.
PL 108-215 Sec 2...... 120
Securities..................... PL 103-182 Sec 541(h). 115
Reciprocal competitive PL 96-39 Sec 302(c)... 833
procurement practices impact.
Secretary of the Treasury, IMF PL 79-171 Sec 34...... 19
resources.
Sematech, Advisory Council on PL 100-418 Sec 5422... 771
Federal Participation in.
Sub-saharan Africa, trade PL 106-200 Sec 106.... 1082
benefits to.
Syria accountability and Lebanese PL 108-175 Sec 6...... 1622
sovereignty restoration.
Technology inventory in PL 101-240 Sec 733.... 140
developing countries.
Tied aid credit program.......... PL 79-173 Sec 10(g)... 1256
PL 100-418 Sec 3302(c) 1315
Trade agreements authority....... PL 107-210 Sec 2103(c) 632
Trade agreements program and PL 93-618 Sec 163(a).. 304
national trade policy agenda.
Trade barriers established by PL 100-418 Sec 1936... 743
auto producing countries and
impact on U.S. market.
Trade Deficit Review Commission.. PL 105-277 Sec 127(e). 663
Trade expansion priorities....... EO 12901 Sec 4........ 913
EO 13116 Sec 1........ 916
Trade projection report.......... PL 93-618 Sec 163(b).. 305
Trade Promotion Coordinating EO 12870 Sec 6........ 1330
Committee.
PL 100-418 Sec 2312(f) 1299
Trade remedy laws................ PL 107-210 Sec 2104(d) 636
Reports to Congress--Continued
Trade remedy laws--Continued
PL 107-210 Sec 2104(e) 638
Trade sanctions against Toshiba EO 12661 Sec 2-201.... 910
and Kongsberg.
Trade sanctions for state PL 106-387 Sec 906.... 1485
sponsors of international
terrorism.
United States and Foreign PL 100-418 Sec 2301(h) 1293
Commercial Service.
United States and Foreign PL 100-418 Sec 2306... 1296
Commercial Service Pacific Rim
Initiative.
United States-Canada Free-Trade PL 100-449 Sec 304(f). 1008
Agreement negotiations regarding
certain sectors.
United States-EC agreement on PL 100-418 Sec 1122(d) 710
citrus and pasta implementation.
United States-Israel Free Trade PL 107-210............ 1127
Agreement.
United States Trade
Representative
Modification and termination of PL 93-618 Sec 307(b).. 367
actions concerning unfair
trade practices.
Uruguay Round trade agreement PL 100-418 Sec 1102(e) 699
negotiating authority.
Wine trade barriers, negotiations PL 100-418 Sec 1125... 710
to eliminate.
Wool Research, Development, and PL 106-200 Sec 506(e). 658
Promotion Trust Fund.
Worker rights.................... PL 100-418 Sec 2207... 1288
Working party on worker rights... PL 103-465 Sec 131(c). 674
Reserve Account of the Enhanced
Structural Adjustment Facility
Trust
Fund pledge to sell gold to PL 79-171 Sec 58...... 31
provide resources for.
Robson, John E.
Export-Import Bank tribute, sense PL 107-189 Sec 23..... 1267
of Congress.
Romania
Most-favored-nation treatment
Findings....................... PL 104-171 Sec 1...... 1185
Termination of application of PL 104-171 Sec 2...... 1186
Title IV of the Trade Act of
1974.
Trade Act of 1974 waiver......... EO 11854.............. 1214
EO 12772.............. 1206
Rubber
International Natural Rubber PL 96-271............. 1737
Agreement Appropriation
Authorization.
Russian Federation
Blocking government property EO 13159.............. 1671
relating to the disposition of
highly enriched uranium
extracted from nuclear weapons.
Export-Import Bank of the United PL 79-173 Sec 2(b).... 1239
States prohibition relating to.
Rwanda
Prohibiting transactions......... EO 12918.............. 1664
S
Saint Lucia. See Caribbean Basin
Economic Recovery Act
Saint Vincent and the Grenadines.
See Caribbean Basin Economic
Recovery Act
Salaries and compensation
United States and Foreign PL 100-418 Sec 2301(i) 1293
Commercial Service Assistant
Secretary and Director General.
Sanctions. See individual
countries; National emergencies
Sanitary and phytosanitary measures
Definitions...................... PL 96-39 Sec 463...... 858
General provisions............... PL 96-39 Sec 461...... 857
Inquiry point.................... PL 96-39 Sec 462...... 857
International standard-setting
activities
Definitions.................... PL 96-39 Sec 493...... 863
Equivalence determinations..... PL 96-39 Sec 492...... 862
Notice of U.S. participation... PL 96-39 Sec 491...... 861
Secretary of Agriculture
International Trade Commission PL 93-618 Sec 294..... 352
investigation study.
Trade adjustment assistance for PL 93-618 Sec 293..... 351
farmers determinations.
Secretary of Commerce
Export trade promotion duties.... PL 97-290 Sec 301..... 813
Foreign direct investment report. PL 101-533 Sec 3...... 1707
International Trade Commission PL 93-618 Sec 264..... 341
investigation study.
Market Development Cooperator PL 100-418 Sec 2303(a) 1293
Program authority.
Secretary of Defense
Export license application PL 96-72 Sec 10(g).... 1391
processing procedures.
Secretary of Labor
Andean Trade Preference Act PL 102-182 Sec 207.... 979
impact study.
Caribbean Basin Economic Recovery PL 98-67 Sec 216...... 1051
Act impact study.
International Trade Commission PL 93-618 Sec 224..... 338
investigation study.
Trade adjustment assistance for PL 93-618 Sec 223..... 338
workers, determination of
petition eligibility.
Secretary of State
Export license application PL 96-72 Sec 10(a).... 1388
processing.
PL 96-72 Sec 10(f).... 1390
Functions of..................... EO 11269 Sec 7........ 248
Guidelines for tariff treatment PL 93-618 Sec 802(e).. 416
of products of uncooperative
drug producing or transit
countries.
International trade functions.... RP No. 3 of 1979 Sec 7 897
Secretary of the Treasury
Agricultural export subsidies, PL 79-171 Sec 44...... 24
elimination of.
Debt rescheduling, comparability PL 79-171 Sec 29...... 16
of treatment policy.
Dollar-Special Drawing Rights PL 79-171 Sec 35...... 19
substitution account, sense of
Congress.
Foreign commerce and trade 13 USC Sec 303........ 1720
statistics functions.
Functions of..................... EO 11269 Sec 3........ 247
Fund bailouts of banks, opposing. PL 79-171 Sec 46...... 26
IMF interest rates, adoption of.. PL 79-171 Sec 48...... 27
IMF report....................... PL 79-171 Sec 34...... 19
Import discrimination by foreign PL 71-361 Sec 338(h).. 447
countries, rules and regulations.
Inter-American Development Bank PL 86-147 Sec 14...... 65
Act audit.
International cooperation........ PL 79-171 Sec 47...... 26
Mexican debt, report of short- PL 104-6 Sec 404...... 209
and long-term currency swaps.
Multilateral Investment Guarantee PL 100-202 Sec 406.... 57
Agency responsibilities.
PL 100-202 Sec 407.... 58
Payment of U.S. subscription to PL 79-171 Sec 7....... 8
the International Monetary Fund.
Secretary of the Treasury--
Continued
Stabilization programs PL 79-171 Sec 30...... 16
consultation.
Trade provisions................. PL 79-171 Sec 49...... 27
Securities
Foreign Corrupt Practices Act
Amendments of 1988
International agreement........ PL 100-418 Sec 5003... 1752
Foreign Corrupt Practices Act of PL 95-213............. 1741
1977.
Prohibited foreign trade PL 95-213 Sec 104..... 1741
practices by domestic concerns.
Prohibited foreign trade PL 95-213 Sec 104A.... 1748
practices by persons other
than issuers or domestic
concerns.
Securities and Exchange Commission
African Development Bank Act PL 97-35 Sec 1341..... 99
exempt securities, report.
Asian Development Bank securities PL 89-369 Sec 11...... 86
issued as exempt, report.
European Bank for Reconstruction PL 101-513 Sec 562.... 110
and Development securities
issued as exempt, report.
Inter-American Development Bank PL 86-147 Sec 11...... 64
Act issued exempt securities,
report.
Inter-American Investment PL 98-473 Sec 210(b).. 82
Corporation Act securities,
report.
International Finance Corporation PL 84-350 Sec 13...... 54
issued exempt securities, report.
Middle East Development Bank PL 104-208 Sec 709.... 126
securities issued as exempt,
report.
North American Development Bank PL 103-182 Sec 541(h). 115
Act securities issued as exempt,
report.
Security. See National security
Sematech
Study and report by Advisory PL 100-418 Sec 5422... 771
Council on Federal Participation
in.
Serbia
Most-favored-nation treatment
Withdrawal of status........... PL 102-420 Sec 1...... 1191
Restriction on U.S. assistance PL 106-113 Sec 599B... 1659
for reconstruction in the
Balkans region.
Sanctions against................ PL 106-113 Sec 599.... 1657
Service industry
International trade.............. PL 98-573 Sec 306..... 792
United States-Canada Free-Trade PL 100-449 Sec 304(b). 1006
Agreement Implementation Act
negotiating objectives.
Sierra Leone
Clean Diamond Trade Act.......... PL 108-19............. 1674
Definitions.................... PL 108-19 Sec 3....... 1675
Delegation of authorities...... PL 108-19 Sec 14...... 1680
Enforcement.................... PL 108-19 Sec 8....... 1678
Findings....................... PL 108-19 Sec 2....... 1674
GAO report..................... PL 108-19 Sec 13...... 1680
Importing and exporting PL 108-19 Sec 6....... 1677
authorities.
Kimberley Process PL 108-19 Sec 11...... 1679
Implementation Coordinating
Committee.
Regulatory authority........... PL 108-19 Sec 5....... 1677
Reports........................ PL 108-19 Sec 12...... 1679
Rough diamonds, measures for PL 108-19 Sec 4....... 1677
importation and exportation of.
Sense of Congress.............. PL 108-19 Sec 10...... 1678
Statement of policy............ PL 108-19 Sec 7....... 1678
Technical assistance........... PL 108-19 Sec 9....... 1678
Clean Diamond Trade Act
implementation
Assignment of functions........ EO 13312 Sec 2........ 1682
Definitions.................... EO 13312 Sec 4........ 1682
Sierra Leone--Continued
Clean Diamond Trade Act
implementation--Continued
General provisions............. EO 13312 Sec 5........ 1682
Prohibitions................... EO 13312 Sec 1........ 1681
Singapore Free Trade Agreement. See
United States-Singapore Free Trade
Agreement
Singapore Free Trade Agreement
Implementation Act. See United
States-Singapore Free Trade
Agreement Implementation Act
Small Business Act
Export financing for goods and PL 101-510 Sec 4303(b) 1313
services produced by former
defense production firms.
Small Business International Trade PL 100-418............ 772
and Competitiveness Act.
Globalization of production...... PL 100-418 Sec 8009... 772
National seminar on exports...... PL 100-418 Sec 8011... 774
Promulgation of regulations...... PL 100-418 Sec 8013... 774
Trade negotiations............... PL 100-418 Sec 8012... 774
Trade remedy assistance.......... PL 100-418 Sec 8010... 773
Small businesses
Export-Import Bank
Assistance..................... PL 107-189 Sec 8(c)... 1266
Programs....................... PL 79-173 Sec 2(b).... 1222
Reports........................ PL 79-173 Sec 8....... 1250
Export license application PL 96-72 Sec 10(m).... 1394
processing assistance.
Software
Copyright protection............. PL 98-573 Sec 251..... 789
South African Democratic Transition PL 103-149............ 1628
Support Act of 1993.
Apartheid sanctions laws, repeal PL 103-149 Sec 4...... 1630
of.
Consultation with South Africans. PL 103-149 Sec 10..... 1634
Cooperative agreements........... PL 103-149 Sec 8...... 1633
Findings......................... PL 103-149 Sec 2...... 1628
International financial PL 103-149 Sec 9...... 1633
institutions.
Sanctions, repeal of............. PL 103-149 Sec 4...... 1630
Transition to a non-racial PL 103-149 Sec 5...... 1631
democracy, U.S. assistance.
U.S. policy, sense of Congress... PL 103-149 Sec 3...... 1629
South Korea
United States and Foreign PL 100-418 Sec 2306... 1296
Commercial Service Initiative.
Southwest Border. See Interagency
Task Force on the Economic
Development of the Southwest
Border
Southwestern United States
North American Development Bank PL 108-215 Sec 5...... 122
projects financing water
conservation for irrigators and
agricultural producers, sense of
Congress.
Soviet Union
Trade Act of 1974 waiver......... EO 12740.............. 1209
SPDC. See State Peace and
Development Council
Special Drawing Rights
For the poorest heavily indebted PL 100-418 Sec 3123... 752
countries, limited purpose.
Special Drawing Rights Act PL 90-349............. 243
Administration of................ PL 90-349 Sec 3....... 243
Allocation authority............. PL 90-349 Sec 6....... 244
Effectiveness of agreement....... PL 90-349 Sec 7....... 244
Establishment of................. PL 90-349 Sec 2....... 243
Purchase of certificates......... PL 90-349 Sec 4....... 243
Special Facility for Sub-Saharan
Africa
Appropriations authorization..... PL 86-565 Sec 19...... 46
Eighth replenishment of PL 86-565 Sec 20...... 46
resources, U.S. payments to.
Findings......................... PL 99-190 Sec 101..... 49
Fourteenth replenishment of PL 86-565 Sec 23...... 48
resources, U.S. payments to.
Ninth replenishment of resources, PL 86-565 Sec 21...... 46
U.S. payments to.
Thirteenth replenishment of PL 86-565 Sec 22...... 47
resources, U.S. payments to.
Special Representative for Trade
Negotiations
Trade Agreements Program EO 11846 Sec 2........ 898
administration.
St. Kitts and Nevis. See Caribbean
Basin Economic Recovery Act
Standards information center
Establishment and functions of... PL 96-39 Sec 414...... 850
State, Department of
Cuban Democracy Act EO 12854 Sec 2........ 1565
implementation.
State Peace and Development Council PL 108-61 Sec 2....... 1640
Steel Import Stabilization Act..... PL 98-573............. 798
Definitions...................... PL 98-573 Sec 804..... 800
Department of Labor worker PL 98-573 Sec 807..... 804
assistance plan.
Effective period of title........ PL 98-573 Sec 806..... 803
Enforcement authority............ PL 98-573 Sec 805..... 800
Findings and purposes............ PL 98-573 Sec 802..... 798
Steel trade liberalization PL 98-573 Sec 803..... 799
program, sense of Congress.
Steel imports
Negotiations regarding Canadian PL 100-449 Sec 309.... 1009
products.
Steel imports into the United PL 105-277............ 665
States.
Findings....................... PL 105-277 Sec 111(a). 665
Sense of Congress.............. PL 105-277 Sec 111(b). 666
United States Trade EO 12661 Sec 1-301.... 908
Representative functions.
Voluntary limitations on export PL 93-618 Sec 607..... 408
to the United States.
Strategic and Critical Materials
Transaction Authorization Act of
1979
Appropriations authorization..... PL 96-175 Sec 2....... 1740
Authorities...................... PL 96-175 Sec 3....... 1740
PL 96-175 Sec 4....... 1740
PL 96-175 Sec 5....... 1740
Sub-Saharan Africa. See also
Special Facility for Sub-Saharan
Africa
Designation of countries for PL 93-618 Sec 506A.... 403
certain trade benefits.
Export-Import Bank of the United PL 79-173 Sec 2(b).... 1237
States commitments.
Financing human welfare and PL 95-118 Sec 1609.... 182
natural resource programs in
connection with debt reduction
and conversion, initiation of
discussions.
Trade policy
Benefits....................... PL 106-200............ 1084
Eligibility requirements....... PL 106-200 Sec 104.... 1079
Findings....................... PL 106-200 Sec 102.... 1078
Political entities referred to. PL 106-200 Sec 107.... 1082
Reporting requirement.......... PL 106-200 Sec 106.... 1082
Statement of policy............ PL 106-200 Sec 103.... 1079
Termination of benefits........ PL 93-618 Sec 506B.... 404
United States-Sub-Saharan PL 106-200 Sec 105.... 1080
Africa Trade and Economic
Cooperation Forum.
Sudan
Blocking government property..... EO 13067 Sec 1........ 1668
Gum arabic importation........... PL 106-476 Sec 1464... 1666
Prohibiting transactions......... EO 13067.............. 1668
Sugar products
Duty-free treatment under PL 98-67 Sec 213(c)... 1044
Caribbean Basin Economic
Recovery Act.
Imports from Communist countries PL 98-67 Sec 231...... 1054
in the Caribbean Basin, sense of
Congress.
International Sugar Agreement, PL 96-236............. 1738
1977, implementation.
Agreement implementation....... PL 96-236 Sec 2....... 1738
Criminal offenses.............. PL 96-236 Sec 4....... 1739
Definitions.................... PL 96-236 Sec 1....... 1738
Delegation of powers and duties PL 96-236 Sec 3....... 1739
Sugar quota
Treatment of uncooperative drug PL 93-618 Sec 803..... 417
producing or transit countries.
Supercomputers
Prohibition on licensing with end- PL 101-515 Sec 608.... 1576
user designated as Iraq.
Trade dispute with Japan......... PL 100-418 Sec 1307... 722
Supplementary Financing Facility
U.S. participation in............ PL 79-171 Sec 28...... 15
Suriname. See Caribbean Basin
Economic Recovery Act
Surplus commodities and minerals
Opposition of multilateral PL 99-472 Sec 22...... 1724
assistance for.
Syria
Exports to
Blocking property of certain EO 13338.............. 1623
persons.
Syria Accountability and Lebanese PL 108-175............ 1615
Sovereignty Restoration Act of
2003.
Appropriate congressional PL 108-175 Sec 7...... 1622
committees defined.
Authority to provide assistance.. PL 108-175 Sec 5(c)... 1621
Certification.................... PL 108-175 Sec 5(d)... 1621
Findings......................... PL 108-175 Sec 2...... 1615
Penalties........................ PL 108-175 Sec 5(a)... 1620
Report........................... PL 108-175 Sec 6...... 1622
Sense of Congress................ PL 108-175 Sec 3...... 1619
Statement of policy.............. PL 108-175 Sec 4...... 1620
Waiver........................... PL 108-175 Sec 5(b)... 1621
T
Taiwan
Accession to the World Trade PL 106-286 Sec 601.... 1158
Organization.
Asian Development Bank Act PL 89-369 Sec 25...... 90
membership retention, sense of
Congress.
International Monetary Fund PL 79-171 Sec 36...... 19
membership, sense of Congress.
United States and Foreign PL 100-418 Sec 2306... 1296
Commercial Service Initiative.
Tajikistan and Turkmenistan
Trade Act of 1974 waiver......... EO 12811.............. 1202
Taliban
Trade sanctions for state PL 106-387 Sec 906.... 1484
sponsors of international
terrorism.
Tariff Act of 1930................. PL 71-361............. 418
Administrative review of
determinations
Correction of ministerial PL 71-361 Sec 751(h).. 535
errors.
Determination that basis for PL 71-361 Sec 751(f).. 534
suspension no longer exists.
Five-year review............... PL 71-361 Sec 751(c).. 530
Tariff Act of 1930--Continued
Administrative review of
determinations--Continued
Hearings....................... PL 71-361 Sec 751(e).. 534
Implementing results of PL 71-361 Sec 751(g).. 534
subsidies enforcement
proceeding.
Periodic review of amount of PL 71-361 Sec 751(a).. 527
duty.
Reviews based on changed PL 71-361 Sec 751(b).. 529
circumstances.
Revocation of order or finding. PL 71-361 Sec 751(d).. 533
Termination of suspended PL 71-361 Sec 751(d).. 533
investigation.
Antidumping duties
Assessment of.................. PL 71-361 Sec 736..... 519
Conditional payment............ PL 71-361 Sec 738..... 523
Difference between deposit of PL 71-361 Sec 737..... 522
estimated and final assessment.
Establishment of product PL 71-361 Sec 739..... 523
categories for short life
cycle merchandise.
Final determinations........... PL 71-361 Sec 735..... 514
Imposition of.................. PL 71-361 Sec 731..... 497
Initiating an investigation.... PL 71-361 Sec 732..... 497
Preliminary determinations..... PL 71-361 Sec 733..... 502
Termination or suspension of PL 71-361 Sec 734..... 507
investigation.
Continued dumping and subsidy PL 71-361 Sec 754..... 543
offset.
Countervailing duties
Assessment of.................. PL 71-361 Sec 706..... 494
Conditional payment............ PL 71-361 Sec 709..... 496
Derogation of Export-Import PL 71-361 Sec 708..... 496
Bank financing, effect of.
Difference between deposit of PL 71-361 Sec 707..... 495
estimated and final assessment.
Final determinations........... PL 71-361 Sec 705..... 489
Imposition of.................. PL 71-361 Sec 701..... 470
Preliminary determinations..... PL 71-361 Sec 703..... 476
Procedures for initiating an PL 71-361 Sec 702..... 472
investigation.
Termination or suspension of PL 71-361 Sec 704..... 482
investigation.
Countervailing duty and
antidumping duty proceedings,
judicial review
Definitions.................... PL 71-361 Sec 516A(f). 459
Determinations involving free PL 71-361 Sec 516A(g). 460
trade area country merchandise.
Liquidation in accordance with PL 71-361 Sec 516A(e). 459
final decision.
Liquidation of entries......... PL 71-361 Sec 516A(c). 458
Review of determination........ PL 71-361 Sec 516A(a). 454
Standards of................... PL 71-361 Sec 516A(b). 457
Standing....................... PL 71-361 Sec 516A(d). 459
Fishery resources, conservation PL 71-361 Sec 323..... 423
of.
Foreign trade agreements
Altering import restrictions... PL 71-361 Sec 350(a).. 448
Authority of President......... PL 71-361 Sec 350(a).. 448
Cuba........................... PL 71-361 Sec 350(b).. 452
Decrease of rates.............. PL 71-361 Sec 350(b).. 452
Definitions.................... PL 71-361 Sec 350(c).. 453
Information and advice from PL 71-361 Sec 350(f).. 453
industry, agriculture, and
labor.
Modification and decrease of PL 71-361 Sec 350(a).. 448
duties.
Preferential customs treatment. PL 71-361 Sec 350(b).. 452
Rate basis for additional PL 71-361 Sec 350(d).. 453
increases or decreases.
Restoration of terminated PL 71-361 Sec 350(d).. 453
treaties forbidden.
General provisions
Access to information.......... PL 71-361 Sec 777..... 587
Tariff Act of 1930--Continued
General provisions--Continued
Affirmative determinations by PL 71-361 Sec 771..... 565
divided Commission.
Agricultural products, special PL 71-361 Sec 771..... 559
rules.
Antidumping petitions by third PL 71-361 Sec 783..... 609
countries.
Application to governmental PL 71-361 Sec 771..... 568
importations.
Attribution of merchandise to PL 71-361 Sec 771..... 565
country of manufacture or
production.
Averaging...................... PL 71-361 Sec 777A.... 597
Calculation rules.............. PL 71-361 Sec 771..... 554
Captive production............. PL 71-361 Sec 771..... 559
Circumvention of antidumping PL 71-361 Sec 781..... 602
and countervailing duty
orders, prevention of.
Conduct of investigations and PL 71-361 Sec 782..... 606
administrative reviews.
Consideration of post-petition PL 71-361 Sec 771..... 563
information.
Constructed export price....... PL 71-361 Sec 772..... 574
Countervailable subsidy........ PL 71-361 Sec 771..... 559
PL 71-361 Sec 771B.... 573
PL 71-361 Sec 775..... 585
PL 71-361 Sec 777A(e). 598
Cumulation for determining PL 71-361 Sec 771..... 562
material injury.
Cumulation for determining PL 71-361 Sec 771..... 563
threat of material injury.
Currency conversion............ PL 71-361 Sec 773A.... 584
Definitions.................... PL 71-361 Sec 771..... 547
Determination of less than fair PL 71-361 Sec 777A(d). 598
value.
Determinations on the basis of PL 71-361 Sec 776..... 586
the facts available.
Downstream product monitoring.. PL 71-361 Sec 780..... 599
Drawback treatment............. PL 71-361 Sec 779..... 599
Equivalency of leases to sales. PL 71-361 Sec 771..... 567
Export price................... PL 71-361 Sec 772..... 574
Hearings....................... PL 71-361 Sec 774..... 585
Interest on overpayments and PL 71-361 Sec 778..... 599
underpayments.
Measurement of economic PL 71-361 Sec 771..... 555
development.
Negligible imports............. PL 71-361 Sec 771..... 569
Noncountervailable subsidies PL 71-361 Sec 771..... 553
categories.
Normal value................... PL 71-361 Sec 773..... 576
Notified subsidy program....... PL 71-361 Sec 771..... 556
Provisional applications....... PL 71-361 Sec 771..... 556
Sampling....................... PL 71-361 Sec 777A.... 597
Special rules.................. PL 71-361 Sec 771..... 547
Subsidies...................... PL 71-361 Sec 771..... 550
Threat of material injury...... PL 71-361 Sec 771..... 560
Upstream subsidies............. PL 71-361 Sec 771A.... 572
Volume and consequent impact... PL 71-361 Sec 771..... 557
Weighted average dumping margin PL 71-361 Sec 777A(c). 597
determination.
Importation prohibition
Convict-made goods............. PL 71-361 Sec 307..... 418
Dog and cat fur products....... PL 71-361 Sec 308..... 419
International Trade Commission
Cooperation with other agencies PL 71-361 Sec 334..... 432
Discrimination by foreign PL 71-361 Sec 338..... 445
countries.
Equalization of costs of PL 71-361 Sec 336..... 433
production.
General powers................. PL 71-361 Sec 331..... 427
Investigations................. PL 71-361 Sec 332..... 429
Tariff Act of 1930--Continued
International Trade Commission--
Continued
Organization of................ PL 71-361 Sec 330..... 423
Production of papers........... PL 71-361 Sec 333..... 431
Rules and regulations.......... PL 71-361 Sec 335..... 433
Testimony...................... PL 71-361 Sec 333..... 431
Trade Remedy Assistance Office. PL 71-361 Sec 339..... 447
Unfair practices in import PL 71-361 Sec 337..... 435
trade.
Quantitative restriction
agreements
Required consultations......... PL 71-361 Sec 761..... 546
Required determinations........ PL 71-361 Sec 762..... 546
Special rules for injury PL 71-361 Sec 753..... 539
investigations for
countervailing duty orders and
investigations.
Special rules for reviews........ PL 71-361 Sec 752..... 535
Tariff treatment of Cuban products. PL 87-456 Sec 401..... 1055
Tariffs, Trade Barriers, and the
Internet
Declaration that the Internet PL 105-277 Sec 1203... 667
should be free of foreign
tariffs, trade barriers, and
other restrictions.
Tax Reform Act of 1986
Denial of foreign tax credit to PL 99-514 Sec 901..... 1478
certain countries.
Technology
Deployment in developing
countries
Appropriations authorization... PL 101-240 Sec 738.... 142
Definitions.................... PL 101-240 Sec 731.... 138
Fellowship and exchange PL 101-240 Sec 737.... 142
programs.
Greenhouse gas intensity....... PL 101-240 Sec 732.... 138
PL 101-240 Sec 734.... 140
PL 101-240 Sec 735.... 140
Technology demonstration PL 101-240 Sec 736.... 141
projects.
Technology inventory........... PL 101-240 Sec 733.... 140
Duties on, modification and PL 93-618 Sec 128..... 274
continuance of treatment with
respect to high technology
products.
International financial PL 95-118 Sec 801..... 156
institutions promotion of light
capital technology.
Negotiating objectives for trade PL 93-618 Sec 104A(c). 264
in high technology products.
Negotiation of agreements PL 98-573 Sec 308..... 795
concerning high technology
industries.
Telecommunications
United States Trade EO 12661 Sec 1-401.... 908
Representative functions.
Telecommunications Trade Act of PL 100-418............ 726
1988.
Action to ensure compliance...... PL 100-418 Sec 1380... 734
Actions to be taken if no foreign PL 100-418 Sec 1376... 730
trade agreement obtained.
Compensation authority........... PL 100-418 Sec 1378... 733
Consultations.................... PL 100-418 Sec 1379... 733
Definitions...................... PL 100-418 Sec 1373... 727
Findings and purposes............ PL 100-418 Sec 1371... 726
Foreign trade barriers, PL 100-418 Sec 1374... 728
investigation of.
International obligations........ PL 100-418 Sec 1382... 735
Negotiations in response to PL 100-418 Sec 1375... 728
foreign trade barriers
investigation.
Review of trade agreement PL 100-418 Sec 1377... 732
implementation by Trade
Representative.
Submission of data............... PL 100-418 Sec 1380... 734
Telecommunications PL 100-418 Sec 1381... 735
competitiveness in the U.S.
study.
Terrorism
Blocking property and prohibiting EO 13224.............. 1504
transactions with terrorists.
EO 13372.............. 1503
Transactions blocked........... EO 13224 Sec 2........ 1505
Terrorism--Continued
Export controls
Countries supporting PL 96-72 Sec 6(j)..... 1367
international terrorism.
Iraq, declarations regarding PL 101-513 Sec 586F(c) 1570
violations of international law.
Middle East, terrorists who EO 12947.............. 1509
threaten to disrupt peace
process.
Opposition to financial or PL 95-435 Sec 6....... 39
technical assistance to any
country permitting entry of
terrorists or failing to prevent
acts.
Opposition to international PL 95-118 Sec 1621.... 192
financial institution assistance
to terrorist states.
Trade sanctions for state PL 106-387 Sec 906.... 1484
sponsors of international
terrorism.
Texas
North American Development Bank PL 108-215 Sec 3...... 121
projects financing water
conservation for irrigators and
agricultural producers in the
lower Rio Grande River valley,
sense of Congress.
Tied Aid Credit Fund
Expansion of authority to use.... PL 107-189 Sec 10..... 1266
Tied aid credit program
Administration of................ PL 79-173 Sec 10(b)... 1253
Authorization.................... PL 79-173 Sec 10(e)... 1256
Consistency with arrangement..... PL 79-173 Sec 10(d)... 1256
Coordination with other export PL 79-173 Sec 10(b)... 1253
financing.
Countries which engage in PL 79-173 Sec 10(b)... 1254
official predatory financing.
Definitions...................... PL 79-173 Sec 10(h)... 1257
PL 98-181 Sec 647..... 1323
Establishment of................. PL 79-173 Sec 10(b)... 1252
Export-Import Bank and Tied Aid PL 100-418 Sec 3302... 1315
Credit Amendments of 1988.
Export-Import Bank program PL 98-181 Sec 644..... 1320
establishment.
Findings......................... PL 79-173 Sec 10(a)... 1251
Fund............................. PL 79-173 Sec 10(c)... 1256
Implementation................... PL 98-181 Sec 646..... 1323
Negotiating mandate.............. PL 98-181 Sec 643..... 1320
Nonreviewability................. PL 79-173 Sec 10(f)... 1256
Principles, process, and PL 79-173 Sec 10(b)... 1254
standards governing use.
Reconsideration of decisions..... PL 79-173 Sec 10(b)... 1255
Report........................... PL 79-173 Sec 10(g)... 1256
Statement of purpose............. PL 98-181 Sec 642..... 1319
Trade and Development Agency PL 98-181 Sec 645..... 1321
program establishment.
Timber
Short supply export controls..... PL 96-72 Sec 7(i)..... 1383
Tobacco Control and Prevention..... EO 13193.............. 928
General provisions............... EO 13193 Sec 3........ 929
Responsibilities of Federal EO 13193 Sec 2........ 928
departments and agencies.
Toshiba Machine Company
Mandatory sanctions against...... PL 100-418 Sec 2443... 1310
Trade sanctions against.......... EO 12661 Sec 2-201.... 909
TPCC. See Trade Promotion
Coordinating Committee
Trade Act of 1974. See also PL 93-618............. 256
International Trade and Investment
Act.
Access supplies.................. PL 93-618 Sec 108..... 266
Adjustment Assistance PL 93-618 Sec 281..... 343
Coordinating Committee.
Adjustment assistance for farmers
Definitions.................... PL 93-618 Sec 291..... 349
Trade Act of 1974--Continued
Adjustment assistance for
farmers--Continued
Group eligibility.............. PL 93-618 Sec 292..... 350
International Trade Commission PL 93-618 Sec 294..... 352
investigation, Secretary of
Agriculture study.
Petitions...................... PL 93-618 Sec 292..... 350
Secretary of Agriculture PL 93-618 Sec 293..... 351
determinations.
Adjustment assistance for firms
Action where there is PL 93-618 Sec 264..... 341
affirmative finding.
International Trade Commission PL 93-618 Sec 264..... 341
investigation, Secretary of
Commerce study.
Petitions and determinations... PL 93-618 Sec 251..... 340
Technical assistance to PL 93-618 Sec 265..... 342
industries.
Adjustment assistance for workers
Benefit information............ PL 93-618 Sec 225..... 339
Downstream producers........... PL 93-618 Sec 222(c).. 337
Group eligibility requirements. PL 93-618 Sec 222..... 336
International Trade Commission PL 93-618 Sec 224..... 338
investigation, Secretary of
Labor study.
Petitions...................... PL 93-618 Sec 221..... 335
Secondary workers.............. PL 93-618 Sec 222(b).. 336
Secretary of Labor, PL 93-618 Sec 223..... 338
determinations by.
Suppliers...................... PL 93-618 Sec 222(c).. 337
Advisory Committee for Trade
Policy and Negotiations
Meeting at conclusion of PL 93-618 Sec 135(e).. 281
negotiations.
Balance-of-payments authority.... PL 93-618 Sec 122..... 267
Barriers to and distortions of PL 93-618 Sec 102..... 258
trade.
Barriers to market access, PL 93-618 Sec 181..... 307
estimates of.
Bilateral trade agreements....... PL 93-618 Sec 105..... 265
Compensation authority........... PL 93-618 Sec 123..... 269
Congressional advisers for trade PL 93-618 Sec 161..... 302
policy and negotiations.
Congressional procedures
Bills implementing trade PL 93-618 Sec 151..... 292
agreements of non-tariff
barriers.
Resolutions approving PL 93-618 Sec 151..... 292
commercial agreements with
community countries.
Resolutions disapproving PL 93-618 Sec 152..... 296
certain actions.
Resolutions relating to PL 93-618 Sec 153..... 299
extension of waiver authority
under section 402.
Special rules.................. PL 93-618 Sec 154..... 301
Definitions...................... PL 93-618 Sec 601..... 406
Developing countries, trade PL 93-618 Sec 106..... 265
agreements with.
Exports of steel to the United PL 93-618 Sec 607..... 408
States, voluntary limitations on.
Fees, imposition of.............. PL 93-618 Sec 287..... 348
Firms relocating in foreign PL 93-618 Sec 283..... 343
countries, notice requirements.
GATT revision, authorization of PL 93-618 Sec 121..... 267
appropriations.
Generalized System of Preferences
Agricultural exports of PL 93-618 Sec 506..... 403
beneficiary developing
countries.
Authority to extend preferences PL 93-618 Sec 501..... 392
Trade Act of 1974--Continued
Generalized System of
Preferences--Continued
Beneficiary developing PL 93-618 Sec 502..... 393
countries designation.
Date of termination............ PL 93-618 Sec 505..... 402
Definitions.................... PL 93-618 Sec 507..... 404
Eligible articles designation.. PL 93-618 Sec 503..... 397
Report......................... PL 93-618 Sec 504..... 402
Review......................... PL 93-618 Sec 504..... 402
Sub-Saharan African countries, PL 93-618 Sec 506A.... 403
designation for certain
benefits.
Sub-Saharan African countries, PL 93-618 Sec 506B.... 404
termination of benefits.
Government Accountability Office, PL 93-618 Sec 280..... 342
report.
High technology products, PL 93-618 Sec 128..... 274
modification and continuance of
treatment with respect to duties
on.
Import injury caused by
competition, relief from
Action by President............ PL 93-618 Sec 203..... 326
Action with regard to other PL 93-618 Sec 204(e).. 334
provisions.
Agreements..................... PL 93-618 Sec 203(f).. 332
Commission recommendations..... PL 93-618 Sec 202(e).. 323
Commission report.............. PL 93-618 Sec 202(f).. 324
Evaluation of effectiveness of PL 93-618 Sec 204(d).. 334
action.
Expedited consideration of PL 93-618 Sec 202(g).. 325
adjustment assistance
petitions.
Extension of action............ PL 93-618 Sec 204(c).. 334
Implementation of action PL 93-618 Sec 203(c).. 329
recommended by Commission.
Investigations and PL 93-618 Sec 202(b).. 317
determinations by Commission.
PL 93-618 Sec 202(c).. 318
Limitations on actions......... PL 93-618 Sec 203(e).. 330
Limitations on investigations.. PL 93-618 Sec 202(h).. 326
Limited disclosure of PL 93-618 Sec 202(i).. 326
confidential business
information under protective
order.
Monitoring of action........... PL 93-618 Sec 204(a).. 333
Petitions and adjustment plans. PL 93-618 Sec 202(a).. 315
Positive adjustment to import PL 93-618 Sec 201..... 314
competition, action to
facilitate.
Provisional relief............. PL 93-618 Sec 202(d).. 320
Reduction, modification, and PL 93-618 Sec 204(b).. 333
termination of action.
Regulations.................... PL 93-618 Sec 203(g).. 332
Time for taking effect of PL 93-618 Sec 203(d).. 329
certain relief.
Imports, exports, and production, PL 93-618 Sec 608..... 409
uniform statistical data.
Intellectual property rights, PL 93-618 Sec 182..... 310
identification of countries
denying adequate protection or
market access for.
International drug control....... PL 93-618 Sec 606..... 408
International safeguard PL 93-618 Sec 107..... 265
procedures.
International Trade Commission
Appropriations authorization... PL 93-618 Sec 175..... 307
Authorities.................... PL 93-618 Sec 603..... 408
Change of name of Tariff PL 93-618 Sec 171..... 307
Commission.
Reports........................ PL 93-618 Sec 163(c).. 306
Judicial review.................. PL 93-618 Sec 284..... 344
Narcotics Control Trade Act...... PL 93-618 Sec 801..... 410
Definitions.................... PL 93-618 Sec 805..... 417
Progress reports............... PL 93-618 Sec 804..... 417
Trade Act of 1974--Continued
Narcotics Control Trade Act--
Continued
Sugar quota.................... PL 93-618 Sec 803..... 417
Tariff treatment of products of PL 93-618 Sec 802..... 411
uncooperative drug producing
or transit countries.
Negotiating objectives
Definition of barriers and PL 93-618 Sec 104A(d). 265
other distortions.
Foreign direct investment, PL 93-618 Sec 104A(b). 263
trade in.
High technology products, trade PL 93-618 Sec 104A(c). 264
in.
Overall........................ PL 93-618 Sec 103..... 262
Sector......................... PL 93-618 Sec 104..... 262
Services, trade in............. PL 93-618 Sec 104A(a). 263
Negotiations advice
Advisory Committee for Trade PL 93-618 Sec 135(b).. 279
Policy and Negotiations.
PL 93-618 Sec 135(e).. 281
Advisory committee support..... PL 93-618 Sec 135(h).. 283
Advisory committees, scope of PL 93-618 Sec 135(k).. 284
member participation.
Advisory committees established PL 93-618 Sec 135(l).. 284
by Department of Agriculture.
Consultation with advisory PL 93-618 Sec 135(i).. 284
committees.
Executive departments and other PL 93-618 Sec 132..... 277
sources.
Federal Advisory Committee Act, PL 93-618 Sec 135(f).. 282
application of.
General policy, sectoral, or PL 93-618 Sec 135(c).. 280
functional advisory committees.
International Trade Commission. PL 93-618 Sec 131..... 275
Policy, technical, and other PL 93-618 Sec 135(d).. 281
advice and information.
Prerequisites for offers....... PL 93-618 Sec 134..... 278
Private and public sector PL 93-618 Sec 135..... 278
information and advice.
Private organizations or groups PL 93-618 Sec 135(j).. 284
Public hearings................ PL 93-618 Sec 133..... 277
Trace secrets and confidential PL 93-618 Sec 135(g).. 282
information.
North American countries, trade PL 93-618 Sec 612..... 410
relations with, sense of
Congress.
Reciprocal nondiscriminatory PL 93-618 Sec 126..... 273
treatment.
Relation to other laws........... PL 93-618 Sec 602..... 407
Reports.......................... PL 93-618 Sec 163..... 304
Reservation of articles for PL 93-618 Sec 127..... 274
national security or other
reasons.
Rounding authority............... PL 93-618 Sec 109..... 266
Russian Federation waiver........ EO 12802.............. 1204
Separability..................... PL 93-618 Sec 605..... 408
Staging requirements............. PL 93-618 Sec 109..... 266
Statement of purposes............ PL 93-618 Sec 2....... 257
Tariff schedules, consequential PL 93-618 Sec 604..... 408
changes in.
Termination assistance........... PL 93-618 Sec 285..... 345
Termination authority............ PL 93-618 Sec 125..... 272
Trade Adjustment Assistance Trust PL 93-618 Sec 286..... 346
Fund.
Trade agreements, basic authority PL 93-618 Sec 101..... 258
for.
Trade monitoring system.......... PL 93-618 Sec 282..... 343
Trade relations with certain
countries
Authority to enter into PL 93-618 Sec 405..... 377
commercial agreements.
China, People's Republic of, PL 93-618 Sec 421(j).. 387
agreements with.
Congressional action on PL 93-618 Sec 407..... 381
extension of nondiscriminatory
treatment.
Trade Act of 1974--Continued
Trade relations with certain
countries--Continued
Czechoslovakia, payment of PL 93-618 Sec 408..... 382
amounts owed U.S. citizens and
nationals.
Exception of products of PL 93-618 Sec 401..... 371
certain countries or areas.
Extension of nondiscriminatory PL 93-618 Sec 404..... 376
treatment.
Freedom of emigration in east- PL 93-618 Sec 402..... 371
west trade.
Freedom to emigrate to join PL 93-618 Sec 409..... 382
close relative in the United
States.
Jackson-Vanik amendment........ PL 93-618 Sec 402..... 371
Market disruption.............. PL 93-618 Sec 406..... 378
PL 93-618 Sec 421..... 383
Presidential reports........... PL 93-618 Sec 407..... 381
Regulations.................... PL 93-618 Sec 423..... 392
Southeast Asia, cooperation PL 93-618 Sec 403..... 375
concerning U.S. personnel
missing in action.
Termination of provision....... PL 93-618 Sec 423..... 392
Trade diversion, action in PL 93-618 Sec 422..... 389
response to.
Transmission of agreements to PL 93-618 Sec 162..... 304
Congress.
Two-year residual authority to PL 93-618 Sec 124..... 271
negotiate duties.
Unfair trade practices, relief
from
Administration................. PL 93-618 Sec 309..... 368
Consultation upon initiation of PL 93-618 Sec 303..... 360
investigation.
Determinations by the Trade PL 93-618 Sec 304..... 361
Representative.
Identification of trade PL 93-618 Sec 310..... 369
expansion priorities.
Implementation of actions...... PL 93-618 Sec 305..... 363
Investigations initiation...... PL 93-618 Sec 302..... 359
Modification and termination of PL 93-618 Sec 307..... 366
actions.
Monitoring of foreign PL 93-618 Sec 306..... 365
compliance.
Request for information........ PL 93-618 Sec 308..... 367
Retaliation list, revision of.. PL 93-618 Sec 307(b).. 365
Review of necessity............ PL 93-618 Sec 307(c).. 367
United States Trade PL 93-618 Sec 301..... 353
Representative actions.
United States Trade
Representative, Office of
Appropriations authorization... PL 93-618 Sec 141(g).. 290
Establishment of............... PL 93-618 Sec 141..... 285
United States Trade PL 93-618 Sec 141..... 286
Representative.
Waivers
Albania........................ EO 12809.............. 1203
Armenia........................ EO 12798.............. 1205
Azerbaijan..................... EO 12809.............. 1203
Belarus........................ EO 13220.............. 1201
Bulgaria....................... EO 12745.............. 1208
Byelarus....................... EO 12802.............. 1204
China, People's Republic of.... EO 12167.............. 1212
Czechoslovakia................. EO 12702.............. 1211
Georgia........................ EO 12809.............. 1203
German Democratic Republic..... EO 12726.............. 1210
Hungarian People's Republic.... EO 12051.............. 1213
Kazakhstan..................... EO 12809.............. 1203
Kyrgyzstan..................... EO 12802.............. 1204
Moldova........................ EO 12809.............. 1203
Mongolia....................... EO 12746.............. 1207
Romania........................ EO 11854.............. 1214
Trade Act of 1974--Continued
Waivers--Continued
Romania--Continued
EO 12772.............. 1206
Russian Federation............. EO 12802.............. 1204
Soviet Union................... EO 12740.............. 1209
Tajikistan and Turkmenistan.... EO 12811.............. 1202
Ukraine........................ EO 12809.............. 1203
Uzbekistan..................... EO 12809.............. 1203
Withdrawal authority............. PL 93-618 Sec 125..... 272
Trade Act of 2002.................. PL 107-210............ 616
Fund for WTO dispute settlements. PL 107-210 Sec 5201... 649
Textile transshipment provisions
African Growth and Opportunity PL 107-210 Sec 353.... 617
Act, implementation of.
Trade promotion authority
Committee staff................ PL 107-210 Sec 2109... 645
Congressional Oversight Group.. PL 107-210 Sec 2107... 643
Consultations and assessment... PL 107-210 Sec 2104... 634
Definitions.................... PL 107-210 Sec 2113... 646
Findings....................... PL 107-210 Sec 2101... 617
Impact of trade promotion PL 107-210 Sec 2111... 646
authority, report.
Implementation and enforcement PL 107-210 Sec 2108... 645
requirements.
Implementation of trade PL 107-210 Sec 2105... 639
agreements.
Interests of small business.... PL 107-210 Sec 2112... 646
Trade agreements authority..... PL 107-210 Sec 2103... 629
Trade negotiating objectives... PL 107-210 Sec 2102... 618
Treatment of trade agreements PL 107-210 Sec 2106... 642
for which negotiations have
begun.
Trade adjustment assistance
Certification of eligibility for PL 106-200 Sec 402.... 652
workers required for
decommissioning or closure of
facility.
Trade Adjustment Assistance Trust
Fund
Establishment of................. PL 93-618 Sec 286..... 346
Trade agreements. See also Trade
Act of 1974
Altering import restrictions..... PL 71-361 Sec 350(a).. 448
Authority of President........... PL 71-361 Sec 350(a).. 448
Cuba............................. PL 71-361 Sec 350(b).. 452
Decrease of rates................ PL 71-361 Sec 350(b).. 452
Definitions...................... PL 71-361 Sec 350(c).. 453
Information and advice from PL 71-361 Sec 350(f).. 453
industry, agriculture, and labor.
Modification and decrease of PL 71-361 Sec 350(a).. 448
duties.
Preferential customs treatment... PL 71-361 Sec 350(b).. 452
Rate basis for additional PL 71-361 Sec 350(d).. 453
increases or decreases.
Restoration of terminated PL 71-361 Sec 350(d).. 453
treaties forbidden.
United States-Mexico Framework PL 100-418 Sec 2101... 1282
Agreement on Trade and
Investment.
Trade Agreements Act of 1979....... PL 96-39.............. 820
Approval of trade agreements..... PL 96-39 Sec 2........ 820
Consultations with PL 96-39 Sec 417...... 852
representatives of domestic
interests.
Contracts and grants............. PL 96-39 Sec 415...... 851
Countervailing and antidumping
duties
Conforming changes............. PL 96-39 Sec 106...... 828
Pending investigations......... PL 96-39 Sec 102...... 824
Transition rules............... PL 96-39 Sec 104...... 826
Customs valuation
Presidential report on PL 96-39 Sec 203...... 829
operation of the General
Agreement on Tariffs and Trade.
Transition to standards........ PL 96-39 Sec 204...... 829
Trade Agreements Act of 1979--
Continued
Definitions...................... PL 96-39 Sec 451...... 855
PL 96-39 Sec 481...... 861
Exemptions under title........... PL 96-39 Sec 452...... 856
Export trade policy, study....... PL 96-39 Sec 1110..... 865
Government procurement
Annual report on foreign PL 96-39 Sec 305(d)... 836
discrimination.
Availability of information to PL 96-39 Sec 307...... 843
congressional advisers.
Civil aircraft, waiver of PL 96-39 Sec 303...... 834
discriminatory purchasing
requirements.
Consultation................... PL 96-39 Sec 305(e)... 839
Definitions.................... PL 96-39 Sec 308...... 843
Discrimination procedures...... PL 96-39 Sec 305(g)... 841
Discrimination purchasing PL 96-39 Sec 301...... 830
requirements, general
authority to modify.
Expansion of the coverage of PL 96-39 Sec 304...... 834
the General Agreement on
Tariffs and Trade.
Federal Register notices of PL 96-39 Sec 305(j)... 842
actions.
Limitations on imposing PL 96-39 Sec 305(h)... 842
sanctions.
Monitoring and enforcement..... PL 96-39 Sec 305...... 835
Reciprocal competitive PL 96-39 Sec 302...... 831
procurement practices,
authority to encourage.
Renegotiation of the General PL 96-39 Sec 305(i)... 842
Agreement on Tariffs and Trade
to secure full and open
competition.
Reports........................ PL 96-39 Sec 305(c)... 836
PL 96-39 Sec 305(k)... 842
Rules of origin................ PL 96-39 Sec 305(b)... 836
Violations of the General PL 96-39 Sec 305(f)... 839
Agreement on Tariffs and Trade.
Import license auction........... PL 96-39 Sec 1102..... 864
International standard-setting
activities
Definitions.................... PL 96-39 Sec 493...... 863
Equivalence determinations..... PL 96-39 Sec 492...... 862
Notice of U.S. participation... PL 96-39 Sec 491...... 861
International standards PL 96-39 Sec 413...... 848
organizations, representation of
U.S. interests.
International trade functions of PL 96-39 Sec 1109..... 864
the United States government,
reorganizing and restructuring.
Operation of the General PL 96-39 Sec 453...... 857
Agreement on Tariffs and Trade,
reports.
Purposes......................... PL 96-39 Sec 1........ 820
Relationship of agreements to PL 96-39 Sec 3........ 823
U.S. law.
Sanitary and phytosanitary
measures
Definitions.................... PL 96-39 Sec 463...... 858
General provisions............. PL 96-39 Sec 461...... 857
Inquiry point.................. PL 96-39 Sec 462...... 857
Standards information center..... PL 96-39 Sec 414...... 850
Standards-related activities
Findings of reciprocity PL 96-39 Sec 441...... 854
required in administrative
proceedings.
Not cause for stay............. PL 96-39 Sec 442...... 854
Standards-related measures
Definitions.................... PL 96-39 Sec 473...... 860
General provisions............. PL 96-39 Sec 471...... 859
Inquiry point.................. PL 96-39 Sec 472...... 859
Technical assistance............. PL 96-39 Sec 416...... 852
Technical barriers to trade PL 96-39.............. 846
Technical offices, establishment PL 96-39 Sec 412...... 848
and operation of.
Trade Representative functions... PL 96-39 Sec 411...... 848
Trade Agreements Act of 1979--
Continued
Violations of U.S. obligations
Action after receipt of PL 96-39 Sec 423...... 853
representations.
Procedure after finding by PL 96-39 Sec 424...... 854
international forum.
Representations................ PL 96-39 Sec 422...... 853
Right of action................ PL 96-39 Sec 421...... 853
Trade Agreements Program........... EO 11846.............. 898
Administration of
Activities of.................. EO 11846 Sec 1........ 898
East-West Foreign Trade Board.. EO 11846 Sec 7........ 901
Generalized System of EO 11846 Sec 8........ 902
Preferences.
Import relief and market EO 11846 Sec 5........ 901
disruption.
Prior Executive Orders......... EO 11846 Sec 9........ 902
Special Representative for EO 11846 Sec 2........ 898
Trade Negotiations.
Trade negotiations under Title EO 11846 Sec 4........ 900
I of the Act.
Trade Policy Committee......... EO 11846 Sec 3........ 899
Trade and Development Act of 2000.. PL 106-200............ 650
Agricultural trade negotiating
objectives
Consultations with Congress.... PL 106-200 Sec 409(c). 654
Findings....................... PL 106-200 Sec 409.... 653
Sense of Congress.............. PL 106-200 Sec 409(d). 655
Trade adjustment assistance
Agricultural commodity PL 106-200 Sec 408.... 653
producers, report.
Certification of eligibility PL 106-200 Sec 402.... 652
for workers required for
decommissioning or closure of
facility.
Employment and, report......... PL 106-200 Sec 401.... 651
Wool article imports
Refund of duties............... PL 106-200 Sec 505.... 656
Wool Research, Development, and PL 106-200 Sec 506.... 657
Promotion Trust Fund.
Trade and Development Agency
Tied aid credit program PL 98-181 Sec 645..... 1321
establishment.
Trade and Development Enhancement PL 98-181............. 1319
Act of 1983.
Tied aid credit export subsidies
Definitions.................... PL 98-181 Sec 647..... 1323
Export-Import Bank program PL 98-181 Sec 644..... 1320
establishment.
Implementation................. PL 98-181 Sec 646..... 1323
Negotiating mandate............ PL 98-181 Sec 643..... 1320
Statement of purpose........... PL 98-181 Sec 642..... 1319
Trade and Development Agency PL 98-181 Sec 645..... 1321
program establishment.
Trade and Development Program
Administrative provisions........ PL 100-418 Sec 2204(d) 1285
Funding levels................... PL 100-418 Sec 2204(b) 1284
Reaffirmation of support......... PL 100-418 Sec 2204(a) 1284
Trade and Environment Policy EO 12905.............. 914
Advisory Committee.
Administration................... EO 12905 Sec 4........ 914
Establishment of................. EO 12905 Sec 1........ 914
Functions........................ EO 12905 Sec 3........ 914
Membership....................... EO 12905 Sec 2........ 914
Termination of................... EO 12905 Sec 5........ 915
Trade Deficit Review Commission Act PL 105-277 Sec 127.... 659
Trade diversion
Actions described................ PL 93-618 Sec 422(c).. 389
Basis for determination of PL 93-618 Sec 422(d).. 389
significant diversion.
Commission determination......... PL 93-618 Sec 422(e).. 390
Duration of action............... PL 93-618 Sec 422(i).. 392
Initiation of investigation...... PL 93-618 Sec 422(b).. 389
Trade diversion--Continued
Monitoring by Customs Service.... PL 93-618 Sec 422(a).. 389
Presidential action.............. PL 93-618 Sec 422(h).. 391
Public comment................... PL 93-618 Sec 422(f).. 391
Recommendation to President...... PL 93-618 Sec 422(g).. 391
Review of circumstances.......... PL 93-618 Sec 422(j).. 392
Trade Expansion Act of 1962........ PL 87-794............. 866
Basic authority for trade PL 87-794 Sec 201..... 866
agreements.
Definitions...................... PL 87-794 Sec 405..... 878
Financial assistance PL 87-794 Sec 316..... 874
administration.
Interagency trade organization... PL 87-794 Sec 242..... 871
National security
Import sanctions for export PL 87-794 Sec 233..... 870
violations.
Safeguarding................... PL 87-794 Sec 232..... 867
Normal trade relations........... PL 87-794 Sec 251..... 872
Penalties........................ PL 87-794 Sec 319..... 875
Protective provisions............ PL 87-794 Sec 318..... 874
References....................... PL 87-794 Sec 258..... 873
Relation to other laws........... PL 87-794 Sec 257..... 872
Statement of purposes............ PL 87-794 Sec 102..... 866
Suits............................ PL 87-794 Sec 320..... 875
Tariff adjustment
Authority...................... PL 87-794 Sec 351..... 875
Orderly marketing agreements... PL 87-794 Sec 352..... 878
Termination...................... PL 87-794 Sec 255..... 872
Trade expansion priorities. See EO 12901.............. 912
also Discriminatory Procurement
Practices.
EO 13116.............. 916
Agreements for the elimination of EO 12901 Sec 3........ 913
barriers.
Annual report.................... EO 13116 Sec 1........ 916
Consultations and advice......... EO 13116 Sec 2........ 919
Identification................... EO 12901 Sec 1........ 912
EO 13116 Sec 1........ 916
Initiation of investigations..... EO 12901 Sec 2........ 913
EO 13116 Sec 3........ 917
Presidential direction........... EO 12901 Sec 5........ 913
EO 13116 Sec 1........ 919
Reports.......................... EO 12901 Sec 4........ 913
Resolution....................... EO 13116 Sec 2........ 917
Trade in services. See
International Investment and Trade
in Services Survey Act
Trade issues
International Monetary Fund/World
Bank Group
Bretton Woods Agreements Act... PL 79-171 Sec 49...... 27
Trade law reform................... PL 98-573............. 796
Adjustments study................ PL 98-573 Sec 624..... 796
Industrial targeting studies..... PL 98-573 Sec 625..... 797
Trade Policy Committee
International trade functions.... EO 12188 Sec 1-102.... 904
Trade Agreements Program EO 11846 Sec 3........ 899
administration.
Trade Promotion Coordinating EO 12870.............. 1329
Committee.
Chairperson...................... EO 12870 Sec 2........ 1329
Duties........................... EO 12870 Sec 4........ 1330
PL 100-418 Sec 2312(b) 1298
Establishment and purpose........ PL 100-418 Sec 2312(a) 1298
Establishment of................. EO 12870 Sec 1........ 1329
Member qualifications............ PL 100-418 Sec 2312(e) 1299
Membership....................... PL 100-418 Sec 2312(d) 1299
Primary objectives, PL 106-158 Sec 6...... 1269
implementation of.
Purpose.......................... EO 12870 Sec 3........ 1329
Report........................... EO 12870 Sec 6........ 1330
Strategic plan................... EO 12870 Sec 5........ 1330
Trade Promotion Coordinating
Committee--Continued
Strategic plan--Continued
PL 100-418 Sec 2312(c) 1298
Trade relations
Clarification of designation of
normal trade relations
Findings and policy............ PL 105-206 Sec 5003(a) 668
Savings provisions............. PL 105-206 Sec 5003(c) 669
Fair Trade in Automotive Parts PL 105-261............ 1271
Act of 1998.
Definitions.................... PL 105-261 Sec 3802... 1271
Japan.......................... PL 105-261 Sec 3803... 1271
PL 105-261 Sec 3804... 1272
Trade Remedy Assistance Office
Establishment of................. PL 71-361 Sec 339..... 447
Trade Representative. See United
States Trade Representative
Trade Sanctions Reform and Export PL 106-387............ 1481
Enhancement Act of 2000.
Congressional procedures......... PL 106-387 Sec 907.... 1485
Cuba
Prohibition on additional PL 106-387 Sec 909.... 1487
imports from.
Travel-related transactions, PL 106-387 Sec 910.... 1487
requirements relating to.
Definitions...................... PL 106-387 Sec 902.... 1482
Exceptions....................... PL 106-387 Sec 904.... 1483
Prohibition on U.S. assistance PL 106-387 Sec 908.... 1486
and financing.
Restriction...................... PL 106-387 Sec 903.... 1483
State sponsors of international PL 106-387 Sec 906.... 1484
terrorism.
Termination of sanctions......... PL 106-387 Sec 905.... 1484
Trade statistics
Collection....................... 13 USC Sec 301........ 1717
Delayed filings.................. 13 USC Sec 304........ 1720
Filing export information........ 13 USC Sec 304........ 1720
Penalties for failure to file.... 13 USC Sec 304........ 1720
Penalties for unlawful export 13 USC Sec 305........ 1721
information activities.
Publication...................... 13 USC Sec 301........ 1717
Rules, regulations, and orders... 13 USC Sec 302........ 1719
Secretary of Treasury functions.. 13 USC Sec 303........ 1720
Trade with Israel.................. PL 98-573............. 1128
Application of trade law PL 98-573 Sec 403..... 1129
provisions.
Construction of title............ PL 98-573 Sec 405..... 1131
Duty-free treatment of articles, PL 98-573 Sec 402..... 1128
criteria for.
Fast track procedures for PL 98-573 Sec 404..... 1130
perishable articles.
Trading With the Enemy Act......... PL 65-91.............. 1458
Meaning of word ``enemy''........ PL 65-91 Sec 2........ 1458
Penalties for violations......... PL 65-91 Sec 16....... 1463
Presidential authority........... PL 65-91 Sec 5........ 1461
Prohibited actions............... PL 65-91 Sec 3........ 1460
Removal of national emergency PL 95-223 Sec 101..... 1466
powers.
Treasury, Department of
Cuban Democracy Act EO 12854 Sec 3........ 1565
implementation.
Trinidad and Tobago. See Caribbean
Basin Economic Recovery Act
Turks and Caicos Islands. See
Caribbean Basin Economic Recovery
Act
U
Ukraine
Trade Act of 1974 waiver......... EO 12809.............. 1203
Union of Myanmar Economics Holdings
Incorporated
Import restrictions.............. PL 108-61 Sec 3....... 1642
Union of Soviet Socialist Republics
Normal trade relations........... PL 102-197............ 1193
United Nations
Iraq, compliance with sanctions PL 101-513 Sec 586D... 1568
against.
United States and Foreign
Commercial Service
Audits........................... PL 100-418 Sec 2301(g) 1292
Cooperation in Federal financing PL 100-418 Sec 2301(f) 1292
and insurance programs.
Environmental technologies PL 100-418 Sec 2313(f) 1302
specialists.
Establishment of................. PL 100-418 Sec 2301(a) 1289
Offices.......................... PL 100-418 Sec 2301(c) 1290
Pacific Rim Initiative........... PL 100-418 Sec 2306... 1296
Report........................... PL 100-418 Sec 2301(h) 1293
Statement of purpose............. PL 100-418 Sec 2301(b) 1290
United States-Australia Free Trade PL 108-286............ 1133
Agreement Implementation Act.
Approval and entry into force of PL 108-286 Sec 101.... 1133
agreement.
Consultation and layover PL 108-286 Sec 104.... 1135
provisions for proclaimed
actions.
Definitions...................... PL 108-286 Sec 3...... 1133
Dispute settlement proceedings... PL 108-286 Sec 105.... 1136
Harmonized Tariff Schedule....... Gen. note 28.......... 892
Implementing actions in PL 108-286 Sec 103(a). 1134
anticipation of entry into force.
Initial regulations.............. PL 108-286 Sec 103(b). 1135
Purposes......................... PL 108-286 Sec 2...... 1133
Relationship of agreement to PL 108-286 Sec 102.... 1134
United States and state law.
Termination effect............... PL 108-286 Sec 106.... 1136
United States-Bahrain Free Trade PL 109-169............ 1107
Agreement Implementation Act.
Approval and entry into force of PL 109-169 Sec 101.... 1107
agreement.
Consultation and layover PL 109-169 Sec 104.... 1109
provisions for proclaimed
actions.
Definitions...................... PL 109-169 Sec 3...... 1107
Dispute settlement proceedings... PL 109-169 Sec 105.... 1110
Implementing actions in PL 109-169 Sec 103.... 1108
anticipation of entry into force
and initial regulations.
Purposes......................... PL 109-169 Sec 2...... 1107
Relationship of agreement to PL 109-169 Sec 102.... 1108
United States and state law.
Termination effect............... PL 109-169 Sec 106.... 1110
United States-Canada Free-Trade
Agreement
Proprietary orders............... PL 71-361 Sec 777..... 593
United States-Canada Free Trade PL 100-449............ 987
Agreement Implementation Act of
1988.
Acceptance by President of panel EO 12662 Sec 3........ 1056
and committee decisions.
Acts identified in national trade PL 100-449 Sec 303.... 1005
estimates.
Agriculture, special tariff PL 100-449 Sec 301.... 999
provisions for fresh fruits and
vegetables.
Appointment of individuals to PL 100-449 Sec 405(a). 1010
panels and committees.
Appropriations authorization for PL 100-449 Sec 406.... 1015
Secretariat, panels, and
committees.
Approval of agreement............ PL 100-449 Sec 101.... 987
Automotive products, production- PL 100-449 Sec 207.... 998
based duty remission programs.
Consultation and lay-over PL 100-449 Sec 103.... 989
requirements for proclaimed
actions.
United States-Canada Free Trade
Agreement Implementation Act of
1988--Continued
Drawback......................... PL 100-449 Sec 204.... 997
Enforcement...................... PL 100-449 Sec 205.... 998
Extraordinary challenges, PL 100-449 Sec 407.... 1016
testimony and production of
papers.
Harmonized system................ PL 100-449 Sec 104.... 990
Immunity of panelists............ PL 100-449 Sec 405(c). 1014
Implementing actions in PL 100-449 Sec 105.... 991
anticipation of entry into force.
Imports, relief from............. PL 100-449 Sec 302.... 1002
Judicial review.................. EO 12662 Sec 3........ 1056
Negotiations regarding certain
sectors
Automotive products............ PL 100-449 Sec 304(c). 1007
Biennial report................ PL 100-449 Sec 304(f). 1008
Fish, Canadian controls on..... PL 100-449 Sec 304(e). 1008
General provisions............. PL 100-449 Sec 304(a). 1006
Intellectual property rights... PL 100-449 Sec 304(b). 1006
Potato trade limitation........ PL 100-449 Sec 304(d). 1007
Services and investments....... PL 100-449 Sec 304(b). 1006
Purposes......................... PL 100-449 Sec 2...... 987
Regulations necessary to PL 100-449 Sec 405(d). 1014
implement chapters 18 and 19.
Relationship of agreement to U.S. PL 100-449 Sec 102.... 988
law.
Requests for review of PL 100-449 Sec 408.... 1017
antidumping and countervailing
duty determinations.
Rules of origin
Annex rules.................... PL 100-449 Sec 202(d). 994
Application to apparel......... PL 100-449 Sec 202(g). 997
Automotive products............ PL 100-449 Sec 202(e). 994
Definitions.................... PL 100-449 Sec 202(f). 994
General provisions............. PL 100-449 Sec 202(a). 992
Interpretation................. PL 100-449 Sec 202(c). 993
Transshipment.................. PL 100-449 Sec 202(b). 993
Severability..................... PL 100-449 Sec 502.... 1022
Status of panelists.............. PL 100-449 Sec 405(b). 1014
Steel products................... PL 100-449 Sec 309.... 1009
Subsidies
Identification of industries PL 100-449 Sec 409(b). 1019
facing subsidized imports.
Negotiating authority.......... PL 100-449 Sec 409(a). 1017
Tariff modifications............. PL 100-449 Sec 201.... 991
Temporary entry for business PL 100-449 Sec 307.... 1009
persons.
Termination of agreement......... PL 100-449 Sec 410.... 1020
Transition provisions............ PL 100-449 Sec 410(b). 1021
United States Secretariat, EO 12662 Sec 2........ 1056
establishment of.
PL 100-449 Sec 405(e). 1015
United States-Caribbean Basin Trade PL 106-200............ 944
Partnership Act.
Definitions...................... PL 106-200 Sec 203.... 945
Findings......................... PL 106-200 Sec 201(a). 944
Harmonized Tariff Schedule
Products of countries Gen. note 17.......... 890
designated beneficiary
developing countries.
Meetings of trade ministers and PL 106-200 Sec 213.... 945
the United States Trade
Representative.
Policy........................... PL 106-200 Sec 201(b). 945
United States-Chile Free Trade
Agreement
Harmonized Tariff Schedule....... Gen. note 26.......... 891
United States-Chile Free Trade PL 108-77............. 937
Agreement Implementation Act.
Approval of agreement............ PL 108-77 Sec 101(a).. 937
Claims arbitration............... PL 108-77 Sec 106..... 940
Consultation and layover PL 108-77 Sec 103..... 938
provisions for proclaimed
actions.
Definitions...................... PL 108-77 Sec 3....... 937
United States-Chile Free Trade
Agreement Implementation Act--
Continued
Dispute settlement proceedings PL 108-77 Sec 105..... 940
administration.
Entry into force of agreement.... PL 108-77 Sec 101(b).. 938
Implementing actions............. PL 108-77 Sec 104(a).. 939
Initial regulations.............. PL 108-77 Sec 104(b).. 939
Purposes......................... PL 108-77 Sec 2....... 937
Relationship of agreement to PL 108-77 Sec 102..... 938
United States and state law.
Termination of................... PL 108-77 Sec 107..... 940
United States-China Relations Act PL 106-286............ 1142
of 2000.
Broadcasting capital PL 106-286 Sec 701(a). 1158
improvements, appropriations
authorizations.
Commercial and labor rule of law
development assistance
Administrative authorities..... PL 106-286 Sec 512.... 1157
Appropriations authorization... PL 106-286 Sec 514.... 1157
Human rights abuses prohibition PL 106-286 Sec 513.... 1157
Technical assistance and rule PL 106-286 Sec 511.... 1156
of law program establishment.
Congressional-Executive
Commission on the People's
Republic of China
Appropriations authorization... PL 106-286 Sec 307.... 1150
Establishment of............... PL 106-286 Sec 301.... 1146
Expenditure of appropriations.. PL 106-286 Sec 305.... 1150
Functions of................... PL 106-286 Sec 302.... 1146
Membership of.................. PL 106-286 Sec 303.... 1149
Printing and binding costs..... PL 106-286 Sec 309.... 1151
Staff.......................... PL 106-286 Sec 308.... 1150
Subpoenas issuance and PL 106-286 Sec 306.... 1150
administration of oaths.
Votes of....................... PL 106-286 Sec 304.... 1150
Witness testimony and PL 106-286 Sec 306.... 1150
production of evidence.
Definitions...................... PL 106-286 Sec 204.... 1145
Findings......................... PL 106-286 Sec 202.... 1142
International broadcasting PL 106-286 Sec 701(b). 1158
operations, appropriations
authorizations.
Policy........................... PL 106-286 Sec 203.... 1144
Report on compliance with WTO PL 106-286 Sec 421.... 1154
obligations.
Taiwan
Accession to the World Trade PL 106-286 Sec 601.... 1158
Organization.
Task force on prohibition of
importation of products of
forced or prison labor
Appropriations authorization... PL 106-286 Sec 504.... 1156
Composition of................. PL 106-286 Sec 503.... 1155
Establishment of............... PL 106-286 Sec 501.... 1154
Functions of................... PL 106-286 Sec 502.... 1154
Reports........................ PL 106-286 Sec 505.... 1156
WTO agreements, authorization to
promote compliance
Appropriations authorization... PL 106-286 Sec 413.... 1152
Findings....................... PL 106-286 Sec 411.... 1152
Purpose........................ PL 106-286 Sec 412.... 1152
WTO commitments
Review of membership........... PL 106-286 Sec 401.... 1152
United States Commercial Centers
Appropriations authorization..... PL 102-549 Sec 401(i). 682
Definitions...................... PL 102-549 Sec 401(k). 682
Establishment of................. PL 102-549 Sec 401(a). 680
Facilities relationship to PL 102-549 Sec 401(g). 681
Department of Commerce
operations in host countries.
Functions of..................... PL 102-549 Sec 401(c). 680
Purpose of....................... PL 102-549 Sec 401(b). 680
United States Commercial Centers--
Continued
Specific services to be provided. PL 102-549 Sec 401(d). 681
Staffing of...................... PL 102-549 Sec 401(f). 681
Trade promotion activities....... PL 102-549 Sec 401(e). 681
Use of Market Development PL 102-549 Sec 401(h). 682
Cooperator Program.
United States-Dominican Republic-
Central America Free Trade
Agreement Implementation Act. See
Dominican Republic-Central America-
United States Free Trade Agreement
Implementation Act.
United States-Hong Kong Policy Act PL 102-383............ 1160
of 1992.
Bilateral ties, sense of Congress PL 102-383 Sec 101.... 1161
Commerce, sense of Congress...... PL 102-383 Sec 103.... 1162
Consultation with Congress....... PL 102-383 Sec 204.... 1166
Continued application of U.S. law PL 102-383 Sec 201.... 1165
Cultural and educational PL 102-383 Sec 105.... 1164
exchanges, sense of Congress.
Definitions...................... PL 102-383 Sec 3...... 1161
Findings and declarations........ PL 102-383 Sec 2...... 1160
Participation in multilateral PL 102-383 Sec 102.... 1162
organizations, rights under
international agreements, and
trade status.
Presidential order............... PL 102-383 Sec 202.... 1165
Reports
Requirements................... PL 102-383 Sec 301.... 1166
Separate part of country PL 102-383 Sec 302.... 1167
reports.
Rules and regulations............ PL 102-383 Sec 203.... 1166
Transportation, sense of Congress PL 102-383 Sec 104.... 1164
United States Information Agency
South African programs........... PL 103-149 Sec 7...... 1633
United States Information Service
Dissemination of United States- PL 106-200 Sec 105(d). 1081
Sub-Saharan Africa Trade and
Economic Cooperation Forum
information.
United States International Trade
Commission. See International
Trade Commission
United States-Israel Free Trade
Agreement
Report to Congress............... PL 107-210............ 1127
United States-Israel Free Trade PL 99-47.............. 1121
Implementation Act of 1985.
Applicability of provisions of PL 99-47 Sec 9(b)..... 1124
agreement.
Approval of agreement............ PL 99-47 Sec 3........ 1121
Duties, elimination or PL 99-47 Sec 9(a)..... 1123
modifications of.
Elimination or modifications of PL 99-47 Sec 9(a)..... 1123
duties.
Harmonized Tariff Schedule....... Gen. note 8........... 888
Proclamation authority........... PL 99-47 Sec 4........ 1122
Purposes......................... PL 99-47 Sec 2........ 1121
Relationship of agreement to U.S. PL 99-47 Sec 5........ 1122
law.
Shipment of articles of Israel PL 99-47 Sec 9(c)..... 1126
through West Bank or Gaza Strip.
Termination...................... PL 99-47 Sec 6........ 1123
Treatment of cost or value of PL 99-47 Sec 9(d)..... 1126
materials.
United States-Jordan Free Trade PL 107-43............. 1115
Area Implementation Act.
Appropriations authorization..... PL 107-43 Sec 402..... 1119
Definitions...................... PL 107-43 Sec 3....... 1115
Direct costs of processing PL 107-43 Sec 102(b).. 1116
operations.
Harmonized Tariff Schedule....... Gen. note 18.......... 891
Implementing regulations......... PL 107-43 Sec 403..... 1119
Purposes......................... PL 107-43 Sec 2....... 1115
Relationship of agreement to PL 107-43 Sec 401..... 1119
United States and state law.
Rules of origin
Direct costs of processing PL 107-43 Sec 102(b).. 1116
operations.
Exclusion...................... PL 107-43 Sec 102(d).. 1118
General provisions............. PL 107-43 Sec 102(a).. 1116
United States-Jordan Free Trade
Area Implementation Act--Continued
Rules of origin--Continued
Textile and apparel articles... PL 107-43 Sec 102(c).. 1117
Tariff modifications............. PL 107-43 Sec 101..... 1115
Termination effect............... PL 107-43 Sec 404..... 1120
United States-Morocco Free Trade PL 108-302............ 1111
Agreement Implementation Act.
Approval and entry into force of PL 108-302 Sec 101.... 1111
agreement.
Arbitration of claims............ PL 108-302 Sec 106.... 1114
Consultation and layover PL 108-302 Sec 104.... 1113
provisions for proclaimed
actions.
Definitions...................... PL 108-302 Sec 3...... 1111
Dispute settlement proceedings... PL 108-302 Sec 105.... 1114
Harmonized Tariff Schedule....... Gen. note 27.......... 891
Implementing actions in PL 108-302 Sec 103(a). 1112
anticipation of entry into force.
Initial regulations.............. PL 108-302 Sec 103(b). 1113
Purposes......................... PL 108-302 Sec 2...... 1111
Relationship of agreement to PL 108-302 Sec 102.... 1112
United States and state law.
Termination effect............... PL 108-302 Sec 107.... 1114
United States Secretariat
Appropriations authorization..... PL 100-449 Sec 406.... 1015
Establishment of................. EO 12662 Sec 2........ 1056
PL 100-449 Sec 405(e). 1015
United States-Singapore Free Trade
Agreement
Harmonized Tariff Schedule....... Gen. note 25.......... 891
United States-Singapore Free Trade PL 108-78............. 1137
Agreement Implementation Act.
Approval and entry into force of PL 108-78 Sec 101..... 1137
agreement.
Claims arbitration............... PL 108-78 Sec 106..... 1140
Consultation and layover PL 108-78 Sec 103..... 1138
provisions for proclaimed
actions.
Definitions...................... PL 108-78 Sec 3....... 1137
Dispute settlement proceedings... PL 108-78 Sec 105..... 1139
Harmonized Tariff Schedule....... Gen. note 25.......... 891
Implementing actions in PL 108-78 Sec 104(a).. 1139
anticipation of entry into force.
Initial regulations.............. PL 108-78 Sec 104(b).. 1139
Nonimmigrant traders and PL 108-78 Sec 401..... 1140
investors.
Purposes......................... PL 108-78 Sec 2....... 1137
Relationship of agreement to PL 108-78 Sec 102..... 1138
United States and state law.
Termination effect............... PL 108-78 Sec 107..... 1140
United States-Sub-Saharan Africa
Trade and Economic Cooperation
Forum
Declaration of policy............ PL 106-200 Sec 105(a). 1080
Dissemination of information by PL 106-200 Sec 105(d). 1081
United States Information
Service.
Establishment of................. PL 106-200 Sec 105(b). 1081
HIV/AIDS effect on workforce..... PL 106-200 Sec 105(e). 1081
Requirements..................... PL 106-200 Sec 105(c). 1081
United States Tariff Commission.
See International Trade Commission
United States Trade Representative
Appointment of................... PL 93-618 Sec 141(b).. 285
Appropriations authorization..... PL 93-618 Sec 141(g).. 290
Assistant United States Trade PL 106-200 Sec 117.... 1096
Representative for African
Affairs.
Authority to pay WTO dispute PL 107-210 Sec 5201(b) 649
settlements.
Establishment of Office.......... PL 93-618 Sec 141(a).. 285
United States Trade Representative--
Continued
European Community and Government EO 12849 Sec 5........ 1075
Procurement implementation
responsibilities.
Functions of..................... PL 96-39 Sec 411...... 848
International trade functions.... EO 12188 Sec 1-101.... 903
RP No. 3 of 1979 Sec 1 893
Meetings with trade ministers of PL 106-200 Sec 213.... 945
Caribbean Basin Trade
Partnership Act beneficiary
countries.
Relief from unfair trade
practices
Administration................. PL 93-618 Sec 309..... 368
Consultation upon initiation of PL 93-618 Sec 303..... 360
investigation.
Definitions and special rules.. PL 93-618 Sec 301(d).. 356
Determinations................. PL 93-618 Sec 304..... 361
Discretionary action........... PL 93-618 Sec 301(b).. 354
Identification of trade PL 93-618 Sec 310..... 369
expansion priorities.
Implementation of actions...... PL 93-618 Sec 305..... 363
Investigations initiation...... PL 93-618 Sec 302..... 359
Mandatory action............... PL 93-618 Sec 301(a).. 353
Modification and termination of PL 93-618 Sec 307..... 366
actions.
Monitoring of foreign PL 93-618 Sec 306..... 365
compliance.
Request for information........ PL 93-618 Sec 308..... 367
Retaliation list, revision of.. PL 93-618 Sec 307(b).. 365
Review of necessity............ PL 93-618 Sec 307(c).. 367
Scope of authority............. PL 93-618 Sec 301(c).. 354
Responsibilities of.............. PL 93-618 Sec 141(c).. 286
PL 93-618 Sec 141(d).. 287
PL 93-618 Sec 141(e).. 288
PL 93-618 Sec 141(f).. 289
Upstream subsidies
Defined.......................... PL 71-361 Sec 771A(a). 572
Determination of competitive PL 71-361 Sec 771A(b). 573
benefit.
Inclusion of amount of PL 71-361 Sec 771A(c). 573
countervailable subsidy.
Uranium
Blocking property of the EO 13159.............. 1671
government of the Russian
Federation relating to the
disposition of highly enriched
uranium extracted from nuclear
weapons.
Uruguay Round Agreements
Adherence to obligations......... PL 107-210 Sec 2102(e) 629
Trade agreement negotiating PL 100-418 Sec 1102(e) 699
authority.
Uruguay Round Agreements Act PL 103-465............ 671
Africa trade and development PL 103-465 Sec 134.... 675
policy.
Appropriations authorization..... PL 103-465 Sec 101(c). 672
Approval of agreements and PL 103-465 Sec 101(a). 672
statement of administrative
action.
Definitions...................... PL 103-465 Sec 2...... 671
Entry into force................. PL 103-465 Sec 101(b). 672
Implementing actions in PL 103-465 Sec 103(a). 673
anticipation of entry into force.
Membership in the World Trade PL 103-465 Sec 133.... 675
Organization of boycotting
countries, sense of Congress.
Regulations...................... PL 103-465 Sec 103(b). 674
Relationship of the agreements to PL 103-465 Sec 102.... 673
United States and state law.
Rules of origin work program, PL 103-465 Sec 132.... 674
implementation of.
Statement of administrative PL 103-465 Sec 101(a). 672
action.
Trade agreements to which this PL 103-465 Sec 101(d). 672
Act applies.
Working party on worker rights... PL 103-465 Sec 131.... 674
USAID. See Agency for International
Development
USIS. See United States Information
Service
USTR. See United States Trade
Representative
Uzbekistan
Trade Act of 1974 waiver......... EO 12809.............. 1203
V
Vessels
Anchorage and movement of, Pres. Proc. 6867...... 1554
declaration of national
emergency and emergency
authority.
Vietnam
Normal trade relations........... PL 107-52............. 1173
Virgin Islands, British. See
Caribbean Basin Economic Recovery
Act
Visas
Burma, expansion of ban.......... PL 108-61 Sec 6....... 1643
W
Water conservation
North American Development Bank PL 108-215 Sec 3...... 121
projects.
PL 108-215 Sec 4...... 122
PL 108-215 Sec 5...... 122
Weapons. See Chemical and
biological weapons; Defense
articles
Weapons of mass destruction
Proliferators and their EO 13382.............. 1512
supporters.
Western Balkans
Blocking property of persons who EO 13219.............. 1661
threaten international
stabilization efforts.
Wine
Trade barriers, reports on PL 100-418 Sec 1125... 710
negotiations to eliminate.
United States Trade EO 12661 Sec 1-201.... 908
Representative functions.
Wine Equity and Export Expansion PL 98-573............. 805
Act of 1984.
Definitions...................... PL 98-573 Sec 903..... 806
Designation of major wine trading PL 98-573 Sec 904..... 806
countries.
Export promotion................. PL 98-573 Sec 907..... 808
Findings and purposes............ PL 98-573 Sec 902..... 805
Required consultations........... PL 98-573 Sec 906..... 808
Tariff and nontariff barriers PL 98-573 Sec 905..... 807
affecting U.S. wine, actions to
reduce or eliminate.
Wood exports
Monitoring....................... PL 100-418 Sec 2432... 1308
Wool
Imports
Refund of duties............... PL 106-200 Sec 505.... 656
Wool Research, Development, and PL 106-200 Sec 506.... 657
Promotion Trust Fund.
Wool Suit and Textile Trade
Extension Act of 2004
Extension of duty refunds...... PL 108-429 Sec 4002(c) 613
Wool Trust Fund, establishment PL 108-429 Sec 4002(c) 613
of.
Workers
Rules of origin work program, PL 103-465 Sec 132.... 674
implementation of.
Workers--Continued
Trade adjustment assistance
Benefit information............ PL 93-618 Sec 225..... 339
Downstream producers........... PL 93-618 Sec 222(c).. 337
Group eligibility requirements. PL 93-618 Sec 222..... 336
International Trade Commission PL 93-618 Sec 224..... 338
investigation, study by
Secretary of Labor.
Petitions...................... PL 93-618 Sec 221..... 335
Secondary workers.............. PL 93-618 Sec 222(b).. 336
Secretary of Labor, PL 93-618 Sec 223..... 338
determinations by.
Suppliers...................... PL 93-618 Sec 222(c).. 337
Worker rights
Principal trade negotiating PL 100-418 Sec 1101(b) 695
objectives.
Report......................... PL 100-418 Sec 2207... 1288
Working party on............... PL 103-465 Sec 131(c). 674
World Bank
Anticorruption provisions........ PL 109-102 Sec 599D... 223
Government-owned enterprises in PL 95-118 Sec 1607.... 181
countries receiving loans,
directives regarding.
Improving access of small PL 100-461 Sec 12..... 147
businesses to procurement, sense
of Congress.
International Debt Management PL 100-418 Sec 3113... 750
Authority review.
Policy based lending limitations. PL 100-461 Sec 4...... 146
World Bank Group. See International
Monetary Fund/World Bank Group
World Trade Organization
Accession of state trading PL 100-418 Sec 1106... 705
regimes.
Action in response to trade PL 93-618 Sec 422..... 389
diversion.
China, People's Republic of
Authorization to promote PL 106-286 Title IV... 1152
compliance with agreements.
Report on compliance with PL 106-286 Sec 421.... 1154
obligations.
Review of membership........... PL 106-286 Sec 401.... 1152
Extended negotiations............ PL 107-210 Sec 2102(b) 626
Fund for dispute settlements..... PL 107-210 Sec 5201... 649
Implementation of Article VIII of EO 13042.............. 1070
the Agreement establishing the
Organization.
Improvement of trade agreements.. PL 107-210 Sec 2102(b) 622
Membership of boycotting PL 103-465 Sec 133.... 675
countries, sense of Congress.
Taiwan accession................. PL 106-286 Sec 601.... 1158
Transparency, General Council PL 105-174 Sec 10006.. 670
policies.
Unfair trade practices dispute PL 93-618 Sec 306(b).. 365
settlement.
Working party on worker rights... PL 103-465 Sec 131.... 674
World Trade Organization legal
capacity
Implementation of Article VIII of EO 13042.............. 1070
the Agreement establishing the
Organization.
WTO. See World Trade Organization
Y
Yugoslavia
International financial PL 109-102 Sec 561.... 221
institutions funds prohibition
to countries failing to
cooperate with the International
Criminal Tribunal.
Prohibiting transactions......... PL 104-208 Sec 533.... 1656
Yugoslavia--Continued
Restriction on U.S. assistance PL 106-113 Sec 599B... 1659
for reconstruction in the
Balkans region.
Z
Zimbabwe
Blocking property of persons EO 13288.............. 1687
undermining democratic processes
or institutions.