[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.