[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Presidential Documents]
[Pages 7271-7273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2014]



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Part XVIII





The President





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Executive Order 13191--Implementation of the African Growth and 
Opportunity Act and the United States-Caribbean Basin Trade Partnership 
Act
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                         Presidential Documents 
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  Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 7271]]

                Executive Order 13191 of Janaury 17, 2001

                
Implementation of the African Growth and 
                Opportunity Act and the United States-Caribbean Basin 
                Trade Partnership Act

                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

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                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

                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 
                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. 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

[[Page 7273]]

                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.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                     January 17, 2001.

[FR Doc. 01-2014
Filed 1-19-01; 8:45 am]
Billing code 3195-01-P