[Congressional Record (Bound Edition), Volume 150 (2004), Part 12]
[Senate]
[Pages 15934-15935]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3565. Mr. FRIST (for Mr. DeWine (for himself and Mr. Graham of 
Florida)) proposed an amendment to the bill S. 2261, to expand certain 
preferential trade treatment for Haiti, as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Haiti Economic Recovery 
     Opportunity Act of 2004''.

     SEC. 2. TRADE BENEFITS TO HAITI.

       (a) In General.--The Caribbean Basin Economic Recovery Act 
     (19 U.S.C. 2701 et seq.) is amended by inserting after 
     section 213 the following new section:

     ``SEC. 213A. SPECIAL RULE FOR HAITI.

       ``(a) In General.--In addition to any other preferential 
     treatment under this Act, beginning on October 1, 2003, and 
     in each of the 7 succeeding 1-year periods, apparel articles 
     described in subsection (b) that are imported directly into 
     the customs territory of the United States from Haiti shall 
     enter the United States free of duty, subject to the 
     limitations described in subsections (b) and (c), if Haiti 
     has satisfied the requirements and conditions set forth in 
     subsections (d) and (e).
       ``(b) Apparel Articles Described.--Apparel articles 
     described in this subsection are apparel articles that are 
     wholly assembled or knit-to-shape in Haiti from any 
     combination of fabrics, fabric components, components knit-
     to-shape, and yarns without regard to the country of origin 
     of the fabrics, components, or yarns.
       ``(c) Preferential Treatment.--The preferential treatment 
     described in subsection (a), shall be extended--
       ``(1) during the 12-month period beginning on October 1, 
     2003, to a quantity of apparel articles that is equal to 1.5 
     percent of the aggregate square meter equivalents of all 
     apparel articles imported into the United States during the 
     12-month period beginning October 1, 2002; and
       ``(2) during the 12-month period beginning on October 1 of 
     each succeeding year, to a quantity of apparel articles that 
     is equal to the product of--
       ``(A) the percentage applicable during the previous 12-
     month period plus 0.5 percent (but not over 3.5 percent); and
       ``(B) the aggregate square meter equivalents of all apparel 
     articles imported into the United States during the 12-month 
     period that ends on September 30 of that year.
       ``(d) Eligibility Requirements.--Haiti shall be eligible 
     for preferential treatment under this section if the 
     President determines and certifies to Congress that Haiti is 
     meeting the conditions of subsection (e) and that Haiti--
       ``(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 microcredit 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.
       ``(e) Conditions Regarding Enforcement of Circumvention.--
       ``(1) In general.--The preferential treatment under 
     subsection (b) shall not apply unless the President certifies 
     to Congress that Haiti is meeting the following conditions:
       ``(A) Haiti has adopted an effective visa system, domestic 
     laws, and enforcement procedures applicable to articles 
     described in subsection (b) 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) Haiti has enacted legislation or promulgated 
     regulations that would permit the Bureau of Customs and 
     Border Protection verification teams to have the access 
     necessary to investigate thoroughly allegations of 
     transshipment through such country.
       ``(C) Haiti agrees to report, on a timely basis, at the 
     request of the Bureau of Customs and Border Protection, on 
     the total exports from and imports into that country of 
     articles described in subsection (b), consistent with the 
     manner in which the records are kept by Haiti.
       ``(D) Haiti agrees to cooperate fully with the United 
     States to address and take action necessary to prevent 
     circumvention.
       ``(E) Haiti agrees to require all producers and exporters 
     of articles described in subsection (b) in that country to 
     maintain complete records of the production and the export of 
     the articles, including materials used in the production, for 
     at least 2 years after the production or export (as the case 
     may be).
       ``(F) Haiti agrees to report, on a timely basis, at the 
     request of the Bureau of Customs and Border Protection, 
     documentation establishing the country of origin of articles 
     described in subsection (b) as used by that country in 
     implementing an effective visa system.
       ``(2) Definitions.--In this subsection:
       ``(A) Circumvention.--The term `circumvention' means any 
     action involving the provision of a false declaration or 
     false information for the purpose of, or with the effect of, 
     violating or evading existing customs, country of origin 
     labeling, or trade laws of the United States or Haiti 
     relating to imports of textile and apparel goods, if such 
     action results--

[[Page 15935]]

       ``(i) in the avoidance of tariffs, quotas, embargoes, 
     prohibitions, restrictions, trade remedies, including 
     antidumping or countervailing duties, or safeguard measures; 
     or
       ``(ii) in obtaining preferential tariff treatment.''.
       ``(B) Transshipment.--The term `transshipment' has the 
     meaning given such term under section 213(b)(2)(D)(iii).''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after October 1, 2003.
       (2) Retroactive application to certain entries.--
     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 United States Customs Service before 
     the 90th day after the date of the enactment of this Act, any 
     entry or withdrawal from warehouse for consumption, of any 
     goods described in the amendment made by subsection (a)--
       (A) that was made on or after October 1, 2003, 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 subsection (a) applied to such entry or 
     withdrawal,
     shall be liquidated or reliquidated as though such amendment 
     applied to such entry or withdrawal.

     

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