[Weekly Compilation of Presidential Documents Volume 31, Number 12 (Monday, March 27, 1995)]
[Pages 468-471]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 6780--To Implement Certain Provisions of the Trade 
Agreements Resulting From the Uruguay Round of Multilateral Trade 
Negotiations, and for Other Purposes

March 23, 1995

By the President of the United States

of America

A Proclamation

    1. On April 15, 1994, I entered into trade agreements resulting from 
the Uruguay Round of multilateral trade negotiations (``the Uruguay 
Round Agreements''). In section 101(a) of the Uruguay Round Agreements 
Act (``the URAA'') (Public Law 103-465; 108 Stat. 4814) (19 U.S.C. 
3511(a)), the Congress approved the Uruguay Round Trade Agreements 
listed in section 101(d) of that Act.
    2. Pursuant to section 101(b) of the URAA, I decided to accept the 
Agreement Establishing the World Trade Organization (``the WTO 
Agreement'') on behalf of the United States, and I determined that the 
WTO Agreement entered into force for the United States on January 1, 
1995.
    3. (a) Sections 1102 (a) and (e) of the Omnibus Trade and 
Competitiveness Act of 1988, as amended (``the 1988 Act'') (19 U.S.C. 
2902 (a) and (e)), authorize the President to 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 trade agreement entered into 
under these sections.
    (b) Section 111(a) of the URAA (19 U.S.C. 3521(a)) authorizes the 
President to proclaim such other modification of any duty, such other 
staged rate reduction, or such other additional duties beyond those 
authorized by section 1102 of the 1988 Act (19 U.S.C. 2902) as the 
President determines to be necessary or appropriate to carry out 
Schedule XX--United States of America, annexed to

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the Marrakesh Protocol to the General Agreement on Tariffs and Trade 
1994 (``Schedule XX'').
    (c) Section 103(a) of the URAA (19 U.S.C. 3513(a)) authorizes the 
President to proclaim such actions as may be necessary to ensure that 
any provision or amendment made by the URAA that takes effect on the 
date that any of the Uruguay Round Agreements enters into force with 
respect to the United States is appropriately implemented on such date.
    4. Proclamation 6763 of December 23, 1994, implemented the Uruguay 
Round Agreements, including Schedule XX, with respect to the United 
States; and incorporated in the Harmonized Tariff Schedule of the United 
States (``the HTS'') tariff modifications necessary and appropriate to 
carry out the Uruguay Round Agreements and certain conforming changes in 
rules of origin for the North American Free Trade Agreement (``NAFTA''). 
Certain technical errors, including inadvertent omissions, were made in 
that proclamation. I have determined that it is necessary, to reflect 
accurately the intended tariff treatment provided for in the Uruguay 
Round Agreements and to ensure the continuation of the agreed NAFTA 
rules of origin, to modify certain provisions of the HTS, as set forth 
in the Annex to this proclamation.
    5. (a) One of the Uruguay Round Agreements approved by the Congress 
in sections 101(a) and 101(d) of the URAA (19 U.S.C. 3511(a) and (d)) is 
the Agreement on Trade-Related Aspects of Intellectual Property Rights 
(``the TRIPs Agreement'').
    (b) Section 104A of title 17, United States Code, as amended by 
section 514 of the URAA, provides for copyright protection in restored 
works. Section 104A(h), as amended, provides that the date of 
restoration of a restored copyright shall be the date on which the TRIPs 
Agreement enters into force with respect to the United States, if the 
source country is a nation adhering to the Berne Convention or a World 
Trade Organization (WTO) member on such date.
    (c) Article 65, paragraph 1, of the TRIPs Agreement provides that no 
WTO member shall be obliged to apply the provisions of this Agreement 
until one year after the date of entry into force of the WTO Agreement. 
The date of entry into force of the WTO Agreement with respect to the 
United States was January 1, 1995.
    (d) The statement of administrative action, approved by the Congress 
in section 101(a)(2) of the URAA (19 U.S.C. 3511(a)(2)), provides that, 
``in general, copyright will be restored on the date when the TRIPs 
Agreement's obligations take effect for the United States.''
    (e) Accordingly, I have decided that it is necessary and 
appropriate, in order to implement the TRIPs Agreement and to ensure 
that section 514 of the URAA is appropriately implemented, to proclaim 
that the date on which the obligations of the TRIPs Agreement will take 
effect for the United States is January 1, 1996.
    6. (a) Section 902(a)(2) of title 17, United States Code, authorizes 
the President to extend protection under chapter 9 of title 17, United 
States Code, to mask works of owners who are nationals, domiciliaries, 
or sovereign authorities of, and to mask works, which are first 
commercially exploited in, a foreign nation that grants United States 
mask work owners substantially the same protection that it grants its 
own nationals and domiciliaries, or that grants protection to such works 
on substantially the same basis as does chapter 9 of title 17, United 
States Code.
    (b) Australia, Canada, Japan, Switzerland, and the Member States of 
the European Community provide adequate and effective protection for 
mask works within the meaning of 17 U.S.C. 902(a)(2), and have been 
subject to interim protection under 17 U.S.C. 914. Consequently, I find 
that these countries satisfy the requirements of 17 U.S.C. 902(a)(2), 
and are to be extended full protection under chapter 9 of title 17, 
United States Code, effective on July 1, 1995.
    (c) In addition, 17 U.S.C. 902(a)(1)(A)(ii) provides that mask work 
owners who are nationals, domiciliaries, or sovereign authorities of a 
foreign nation that is a party to a treaty affording protection to mask 
works to which the United States is also a party are eligible for 
protection under chapter 9 of title 17, United States Code. The TRIPs 
Agreement, which requires all WTO members to provide protection 
equivalent to that provided under chapter 9 of title 17 on the basis of 
national

[[Page 470]]

treatment, is such an agreement. Because the United States is a member 
of the WTO and thus of the TRIPs Agreement, and because the TRIPs 
Agreement will be effective for the United States on January 1, 1996, 
all other WTO members will become eligible for full protection under 
chapter 9 of title 17, United States Code, on January 1, 1996.
    7. Section 491 of the Trade Agreements Act of 1979, as amended 
(``the 1979 Act'') (19 U.S.C. 2578), requires the President to designate 
an agency to be responsible for informing the public of the sanitary and 
phytosanitary standard-setting activities of each international 
standard-setting organization. I have decided to designate the 
Department of Agriculture as the agency responsible for providing the 
public with this information.
    8. (a) The March 24, 1994, Memorandum of Understanding on the 
Results of the Uruguay Round Market Access Negotiations on Agriculture 
Between the United States of America and Argentina (``the MOU''), 
submitted to the Congress along with the Uruguay Round Agreements, 
provides for ``an appropriate certificate of origin'' for imports of 
peanuts and peanut butter and peanut paste from Argentina.
    (b) Proclamation 6763 proclaimed the Schedule XX tariff rate quotas 
for peanuts and peanut butter and peanut paste. However, that 
proclamation did not specify which agency should implement the MOU.
    (c) Section 404 of the URAA (19 U.S.C. 3601) requires the President 
to take such action as may be necessary to ensure that imports of 
agricultural products do not disrupt the orderly marketing of 
commodities in the United States.
    (d) Accordingly, I have decided to delegate to the United States 
Trade Representative (``the USTR'') my authority under section 404 of 
the URAA to implement the MOU, through such regulations as the USTR, or, 
at the direction of the USTR, other appropriate agencies, may issue.
    9. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483) 
(``the 1974 Act''), authorizes the President to embody in the HTS the 
substance of the relevant provisions of that Act, of other Acts 
affecting import treatment, and actions thereunder, including the 
removal, modification, continuance, or imposition of any rate of duty or 
other import restriction.
    Now, Therefore, I, William J. Clinton, President of the United 
States of America, acting under the authority vested in me by the 
Constitution and the laws of the United States, including but not 
limited to section 301 of title 3, United States Code, section 902(a) 
(1) and (2) of title 17, United States Code, section 604 of the 1974 
Act, as amended (19 U.S.C. 2483), section 491 of the 1979 Act, as 
amended (19 U.S.C. 2578), section 1102 of the 1988 Act, as amended (19 
U.S.C. 2902), title I of the URAA (19 U.S.C. 3511-3551), and section 404 
of the URAA (19 U.S.C. 3601), do hereby proclaim that:
    (1) To more completely implement the tariff treatment accorded under 
the Uruguay Round Agreements, the HTS is modified as set forth in the 
Annex to this proclamation.
    (2) The obligations of the TRIPs Agreement shall enter into force 
for the United States on January 1, 1996.
    (3) Australia, Canada, Japan, Switzerland, and the Member States of 
the European Community shall be extended full protection under chapter 9 
of title 17, United States Code, effective on July 1, 1995. In addition, 
as of January 1, 1996, full protection under chapter 9 of title 17, 
United States Code, shall be extended to all WTO Members.
    (4) The Secretary of Agriculture is designated, under section 491 of 
the 1979 Act, as amended (19 U.S.C. 2578), as the official responsible 
for informing the public of the sanitary and phytosanitary standard-
setting activities of each international standard-setting organization.
    (5) The USTR is authorized to exercise my authority under section 
404 of the URAA (19 U.S.C. 3601) to implement the MOU with Argentina, 
through such regulations as the USTR, or, at the direction of the USTR, 
other appropriate agencies, may issue.
    (6) In order to make conforming changes and technical corrections to 
certain HTS provisions, pursuant to actions taken in Proclamation 6763, 
the HTS and Proclamation 6763 are modified as set forth in the Annex to 
this proclamation.
    (7) All provisions of previous proclamations and Executive orders 
that are inconsist- 

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ent with the actions taken in this proclamation are superseded to the 
extent of such inconsistency.
    (8) This proclamation shall be effective upon publication in the 
Federal Register.
    In Witness Whereof, I have hereunto set my hand this twenty-third 
day of March, in the year of our Lord nineteen hundred and ninety-five, 
and of the Independence of the United States of America the two hundred 
and nineteenth.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 11:03 a.m., March 24, 
1995]

Note: This proclamation was published in the Federal Register on March 
27.