[Public Papers of the Presidents of the United States: George H. W. Bush (1992, Book I)]
[June 15, 1992]
[Pages 938-939]
[From the U.S. Government Publishing Office www.gpo.gov]



Memorandum on the Generalized System of Preferences

June 15, 1992
Memorandum for the United States Trade Representative

Subject: Actions Concerning the Generalized System of Preferences

    Pursuant to sections 502(b)(4), 502(b)(7), and 502(c)(5) and section 
504 of the Trade Act of 1974, as amended (the 1974 Act) (19 U.S.C. 
2462(b)(4), 2462(b)(7), 2462(c)(5), and 2464), I am authorized to make 
determinations concerning the alleged expropriation without compensation 
by a beneficiary developing country, to make findings concerning whether 
steps have been taken or are being taken by certain beneficiary 
developing countries to afford internationally recognized worker rights 
to workers in such countries, to take into account in determining the 
Generalized System of Preferences (GSP) eligibility of a beneficiary 
developing country the extent to which certain beneficiary developing 
countries are providing adequate and effective means under its laws for 
foreign nationals to secure, to exercise, and to enforce exclusive 
rights in intellectual property, including patents, trademarks, and 
copyrights, and to modify the application of duty-free treatment under 
the GSP currently being afforded to such beneficiary developing 
countries as a result of my determinations.
    Specifically, after considering a private sector request for a 
review concerning the alleged expropriation by Peru of property owned by 
a United States person allegedly without prompt, adequate, and effective 
compensation, without entering into good faith negotiations to provide 
such compensation or otherwise taking steps to discharge its 
obligations, and without submitting the expropriation claim to 
arbitration, I have decided to continue the review of the alleged 
expropriation by Peru.
    Second, after considering various private sector requests for a 
review of whether or not certain beneficiary developing countries have 
taken or are taking steps to afford internationally recognized worker 
rights (as defined in section 502(a)(4) of the 1974 Act (19 U.S.C. 
2462(a)(4)) to workers in such countries, and in accordance with section 
502(b)(7) of the 1974 Act (19 U.S.C. 2462(b)(7)), I have determined that 
Bangladesh and Sri Lanka have taken or are taking steps to afford 
internationally recognized worker rights, and I have determined that 
Syria has not taken and is not taking steps to afford such 
internationally recog-

[[Page 939]]

nized rights. Therefore, I am notifying the Congress of my intention to 
suspend the GSP eligibility of Syria. Finally, I have determined to 
continue to review the status of such worker rights in El Salvador, 
Mauritania, Panama, and Thailand.
    Third, after considering 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 Guatemala and Malta.
    Pursuant to section 504 of the 1974 Act, after considering various 
requests for a waiver of the application of section 504(c) of the 1974 
Act (19 U.S.C. 2464(c)) with respect to certain eligible articles, I 
have determined that it is appropriate to modify the application of 
duty-free treatment under the GSP currently being afforded to certain 
articles and to certain beneficiary developing countries.
    Specifically, pursuant to section 504(c)(3) of the 1974 Act (19 
U.S.C. 2464(c)(3)), I have determined that it is appropriate to waive 
the application of section 504(c) of the 1974 Act with respect to 
certain eligible articles from certain beneficiary developing countries. 
I have received the advice of the United States International Trade 
Commission on whether any industries in the United States are likely to 
be adversely affected by such waivers, and I have determined, based on 
that advice and on the considerations described in sections 501 and 
502(c) of the 1974 Act (19 U.S.C. 2461 and 2462(c)), that such waivers 
are in the national economic interest of the United States. The waivers 
of the application of section 504(c) of the 1974 Act apply to the 
eligible articles in the HTS subheadings and the beneficiary developing 
countries set opposite such HTS subheadings enumerated below.
    These determinations shall be published in the Federal Register.

                                                             George Bush

                    [Filed with the Office of the Federal Register, 9:58 
                        a.m., June 16, 1992]

                    Note: This memorandum and its annex were published 
                        in the Federal Register on June 17. The related 
                        proclamation is listed in Appendix E at the end 
                        of this volume.