[Weekly Compilation of Presidential Documents Volume 37, Number 3 (Monday, January 22, 2001)]
[Pages 175-177]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13191--Implementation of the African Growth and 
Opportunity Act and the United States-Caribbean Basin Trade Partnership 
Act

January 17, 2001

    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

[[Page 176]]

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 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

[[Page 177]]

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.
                                            William J. Clinton
The White House,
January 17, 2001.

[Filed with the Office of the Federal Register, 8:45 a.m., January 19, 
2001]

Note: This Executive order was released by the Office of the Press 
Secretary on January 18, and it was published in the Federal Register on 
January 22.