This Act, referred to in text, is
July 26, 1979, 93 Stat. 144 , which enacted this chapter and sections 1516a, 1671 to 1671f, 1673 to 1673i, 1675, 1677 to 1677g, and 2413 to 2416 of this title , amended the Tariff Schedules, and sections 1303, 1311, 1315, 1332, 1336, 1337, 1351, 1401a, 1466, 1500, 1514 to 1516, 1872, 2033, 2112, 2119, 2131, 2155, 2192, 2194, 2211, 2251, 2253, 2411, 2412, 2432, 2434, 2435, 2462 to 2464, 2481, and 2486 of this title , section 5315 of Title 5 , Government Organization and Employees, section 301 of Title 13 , Census, sections 993, 5001 to 5008, 5043, 5061, 5064, 5066, 5116, 5171 to 5173, 5175 to 5178, 5180, 5181, 5201 to 5205, 5207, 5211 to 5215, 5221 to 5223, 5231, 5232, 5235, 5241, 5273, 5291, 5301, 5352, 5361 to 5363, 5365, 5381, 5391, 5551, 5601, 5604, 5610, 5612, 5615, 5663, 5681, 5682, and 5691 of Title 26 , Internal Revenue Code, and sections 1541, 1582, 2632, and 2633, and 2637 of Title 28 , Judiciary and Judicial Procedure, repealed sections 160 to 171 and 1402 of this title and sections 5009, 5021 to 5026, 5081 to 5084, 5174, 5233, 5234, 5251, 5252, 5364, and 5521 to 5523 of Title 26 , enacted provisions set out as notes under sections 160, 1202, 1303, 1311, 1401a, 1516a, 1671, 2111, 2112, 2119, 2135, 2464, 2511, 2531, and 2581 of this title , section 301 of Title 13 , and sections 1, 5001, 5061, 5171, and 5173 of Title 26 , and amended provisions set out as notes in the Tariff Schedules and under section 2101 of this title . For complete classification of this Act to the Code, see Tables.
CHAPTER 13 -TRADE AGREEMENTS ACT OF 1979!@!Sec. 2502 -->
The purposes of this Act are—
(1) to approve and implement the trade agreements negotiated under the Trade Act of 1974 [ 19 U.S.C. 2101 et seq. ];
(2) to foster the growth and maintenance of an open world trading system;
(3) to expand opportunities for the commerce of the United States in international trade; and
(4) to improve the rules of international trade and to provide for the enforcement of such rules, and for other purposes.
This Act, referred to in provision preceding par. (1), is
July 26, 1979, 93 Stat. 144 , known as the Trade Agreements Act of 1979. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables.
The Trade Act of 1974, referred to in par. (1), is
Jan. 3, 1975, 88 Stat. 1978 , which is classified principally to chapter 12 (§2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
CHAPTER 13 -TRADE AGREEMENTS ACT OF 1979!@!Sec. 2503 -->
In accordance with the provisions of sections 2112 and 2191 of this title , the Congress approves the trade agreements described in subsection (c) submitted to the Congress on June 19, 1979, and the statements of administrative action proposed to implement such trade agreements submitted to the Congress on that date.
The President may accept for the United States the final legal instruments or texts embodying each of the trade agreements approved by the Congress under subsection (a). The President shall submit a copy of each final instrument or text to the Congress on the date such text or instrument is available, together with a notification of any changes in the instruments or texts, including their annexes, if any, as accepted and the texts of such agreements as submitted to the Congress under subsection (a). Such final legal instruments or texts shall be deemed to be the agreements submitted to and approved by the Congress under subsection (a) if such changes are—
(A) only rectifications of a formal character or minor technical or clerical changes which do not affect the substance or meaning of the texts as submitted to the Congress on June 19, 1979, or
(B) changes in annexes to such agreements, and the President determines that the balance of United States rights and obligations under such agreements is maintained.
No agreement accepted by the President under paragraph (1) shall apply between the United States and any other country unless the President determines that such country—
(A) has accepted the obligations of the agreement with respect to the United States, and
(B) should not otherwise be denied the benefits of the agreement with respect to the United States because such country has not accorded adequate benefits, including substantially equal competitive opportunities for the commerce of the United States to the extent required under section 2136(c) 1 of this title, to the United States.
The President may not accept an agreement described in paragraph (1), (2), (3), (4), (5), (6), (7), (9), (10), or (11) of subsection (c), unless he determines that each major industrial country (as defined in section 2136(d) 1 of this title) is also accepting the agreement. Notwithstanding the preceding sentence, the President may accept such an agreement, if he determines that only one major industrial country is not accepting that agreement and the acceptance of that agreement by that country is not essential to the effective operation of the agreement, and if—
(A) that country is not a major factor in trade in the products covered by that agreement,
(B) the President has authority to deny the benefits of the agreement to that country and has taken steps to deny the benefits of the agreement to that country, or
(C) a significant portion of United States trade would benefit from the agreement, notwithstanding such nonacceptance, and the President determines and reports to the Congress that it is in the national interest of the United States to accept the agreement.
For purposes of this paragraph, the acceptance of an agreement by the European Communities on behalf of its member countries shall also be treated as acceptance of that agreement by each member country, and acceptance of an agreement by all the member countries of the European Communities shall also be treated as acceptance of that agreement by the European Communities.
The trade agreements to which subsection (a) applies are the following:
(1) The Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (relating to customs valuation).
(2) The Agreement on Government Procurement.
(3) The Agreement on Import Licensing Procedures.
(4) The Agreement on Technical Barriers to Trade (relating to product standards).
(5) The Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade (relating to subsidies and countervailing measures).
(6) The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (relating to antidumping measures).
(7) The International Dairy Arrangement.
(8) Certain bilateral agreements on cheese, other dairy products, and meat.
(9) The Arrangement Regarding Bovine Meat.
(10) The Agreement on Trade in Civil Aircraft.
(11) Texts Concerning a Framework for the Conduct of World Trade.
(12) Certain Bilateral Agreements to Eliminate the Wine-Gallon Method of Tax and Duty Assessment.
(13) Certain other agreements to be reflected in Schedule XX of the United States to the General Agreement on Tariffs and Trade, including Agreements—
(A) to Modify United States Watch Marking Requirements, and to Modify United States Tariff Nomenclature and Rates of Duty for Watches,
(B) to Provide Duty-Free Treatment for Agricultural and Horticultural Machinery, Equipment, Implements, and Parts Thereof, and
(C) to Modify United States Tariff Nomenclature and Rates of Duty for Ceramic Tableware.
(14) The Agreement with the Hungarian People's Republic.
Section 2136(c) of this title , referred to in subsec. (b)(2)(B), was repealed, and section 2136(d) of this title , referred to in subsec. (b)(3), which defined the term "major industrial country" was redesignated section 2136(c), by
This Act, referred to in subsec. (c), is
July 26, 1979, 93 Stat. 144 , known as the Trade Agreements Act of 1979. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables.
"(a) Approval of Protocol.— In accordance with the provisions of sections 102 and 151 of the Trade Act of 1974 ( 19 U.S.C. 2112 and 2191 ), the Congress approves—
"(1) the trade agreement entitled 'Protocol to the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade' (hereinafter in this Act [amending section 1401a of this title and enacting provision set out as a note under section 1401a of this title ] referred to as the 'Protocol') submitted to the Congress on August 1, 1980; and
"(2) the statement of administrative action proposed to implement such trade agreement submitted to the Congress on that date.
"(b) Acceptance of Protocol by the President.—
"(1) In general.— Subject to paragraph (2), the President may accept the Protocol for the United States.
"(2) Limitation on acceptance of protocol .—Paragraph (3) of section 2(b) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2503(b)(3) ) (relating to the limitation on acceptance of trade agreements concerning major industrial countries) applies to the Protocol and for such purpose the Protocol shall be treated as a trade agreement that is referred to in such paragraph (3).
"(c) Application of Protocol.— Paragraph (2) of section 2(b) of such Act of 1979 ( 19 U.S.C. 2503(b)(2) ) (relating to the application of agreements between the United States and other countries) applies to the Protocol and for such purpose the Protocol shall be treated as a trade agreement that is accepted by the President under paragraph (1) of such section 2(b).
"(d) Relationship of Protocol to United States Law.— Subsections (a), (b), (c), and (f) of section 3 of such Act of 1979 ( 19 U.S.C. 2504(a), (b), (c), and (f) [ 19 U.S.C. 2504(a), (b), (c), and (d)]) (relating to the priority of domestic law in case of conflict, implementing regulations, statutory changes to implement agreement amendments, and disclaimer regarding the creation of any private right of action or remedy) apply to the Protocol and for such purpose the Protocol shall be treated as a trade agreement approved by the Congress under section 2(a) of such Act of 1979, 19 U.S.C. 2503(a) ."
[The Protocol was accepted for the United States on Dec. 30, 1980.]
Functions of the President under subsec. (b) of this section delegated to the United States Trade Representative, see section 1–103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title .
Memorandum of President of the United States, Dec. 14, 1979, 44 F.R. 74781, provided:
Memorandum for the Special Representative for Trade Negotiations
I have signed the enclosed document [set out below] concerning certain international trade agreements pursuant to the authority vested in me under the Constitution and laws of the United States, including the Trade Agreements Act of 1979 (
Public Law 96–39,
93 Stat. 144 ) and section 301 of title 3 of the United States Code .
On my behalf, please transmit copies of this document to the Speaker of the House of Representatives and the President of the Senate.
This document shall be published in the Federal Register.
Presidential Determination Regarding the Acceptance and Application of Certain International Trade Agreements
1. Pursuant to section 102 of the Trade Act of 1974 ( 19 U.S.C. 2112(b) ), I, through my duly empowered representative, on April 12, 1979, entered into the international agreements negotiated in the Tokyo Round of Multilateral Trade Negotiations. These agreements were:
(i) Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade;
(ii) Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade;
(iii) Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade;
(iv) Agreement on Government Procurement;
(v) Agreement on Technical Barriers to Trade;
(vi) Agreement on Import Licensing Procedures;
(vii) Agreement on Trade in Civil Aircraft;
(viii) International Dairy Arrangement; and
(ix) Arrangement Regarding Bovine Meat.
These agreements are collectively referred to herein as the "MTN agreements".
2. In accordance with sections 102 and 151 of the Trade Act of 1974 ( 19 U.S.C. 2112 and 2191 ), the MTN agreements were submitted to Congress for its approval. Section 2 of the Trade Agreements Act of 1979 ( 93 Stat. 147 ) [ 19 U.S.C. 2503 ] approves the MTN agreements and authorizes the President to accept each of the MTN agreements provided that the President determines that all, or all but one, of the major industrial countries (as defined in section 126(d) of the Trade Act of 1974 ( 19 U.S.C. 2136(d) ) is also accepting the agreement. If the President determines that only one major industrial country is not accepting an agreement, the President may nevertheless accept such an agreement if he determines that the acceptance of that agreement by that country is not essential to the effective operation of the agreement, and if:
(A) that country is not a major factor in trade in the products covered by that agreement;
(B) the President has authority to deny the benefits of the agreement to that country and has taken steps to deny the benefits of the agreement to that country; or
(C) a significant portion of United States trade would benefit from the agreement, notwithstanding such nonacceptance, and the President determines and reports to the Congress that it is in the national interest of the United States to accept the agreement.
3. Section 2 of the Trade Agreements Act of 1979 also provides that no agreement accepted by the President shall apply between the United States and any other country unless the President determines that such country:
(A) has accepted the obligations of the agreement with respect to the United States, and
(B) should not otherwise be denied the benefits of the agreement with respect to the United States because such country has not accorded adequate benefits, including substantially equal competitive opportunities for the commerce of the United States to the extent required under section 126(c) of the Trade Act of 1974 ( 19 U.S.C. 2136(c) ), to the United States.
4. Section 701 of the Tariff Act of 1930, as amended effective January 1, 1980 ( 93 Stat. 151 ) [ 19 U.S.C. 1671 ], provides that the President must determine that certain conditions must be met before a country can be considered a "country under the Agreement" and, therefore, entitled to the injury determination provided for in section 703(a) and 705(b) of the Tariff Act of 1930 ( 93 Stat. 152 and 159) [ 19 U.S.C. 1671b(a) and 1671d(b) ].
5. Section 601(a) of the Trade Agreements Act of 1979 ( 93 Stat. 267 ) authorizes the President to proclaim certain modifications in the Tariff Schedules of the United States if the President determines that the conditions under section 2(b) of the Trade Agreements Act of 1979 ( 93 Stat. 147 ) [ 19 U.S.C. 2503(b) ] on acceptance of the Agreement on Trade in Civil Aircraft have been fulfilled.
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, acting under and by virtue of the authority vested in me as President, and in conformity with the provisions of sections 2 and 601(a) of the Trade Agreements Act of 1979 ( 93 Stat. 147 and 267), herein referred to as "the Act", section 701 of the Tariff Act of 1930, as amended effective January 1, 1980 ( 93 Stat. 151 ) [ 19 U.S.C. 1671 ], and section 301 of title 3 of the United States Code do hereby
1. Determine that:
a. With respect to the Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, the Agreement on Technical Barriers to Trade, the Agreement on Import Licensing Procedures, and the Agreement on Trade in Civil Aircraft,
(i) in accordance with section 2(b)(1) and (3) of the Act ( 93 Stat. 147 ) [ 19 U.S.C. 2503(b)(1), (3) ], each major industrial country (as defined in section 126(d) of the Trade Act of 1974 ( 19 U.S.C. 2136(d) ) is also accepting the agreement with the exception of Japan;
(ii) in accordance with section 2(b)(3) of the Act ( 93 Stat. 147 ), the acceptance of these agreements by Japan is not essential to the effective operation of the agreements for that period of time during which Japan is completing its Constitutional procedures to accept the agreements and in light of the stated intention of the Government of Japan to act in the interim in line with the agreements within its existing powers; and
(iii) in accordance with section 2(b)(3)(C) of the Act ( 93 Stat. 148 ), a significant portion of United States trade will benefit from these agreements, notwithstanding the anticipated short delay in acceptance by Japan, and it is in the national interest of the United States to accept these agreements.
b. The conditions in section 701(b)(3)(A), (B) and (C) of the Tariff Act of 1930, as amended effective January 1, 1980 ( 93 Stat. 151 ) [ 19 U.S.C. 1671(b)(3)(A), (B), (C) ] will have been met with respect to Venezuela, Honduras, Nepal, North Yemen, El Salvador, Paraguay and Liberia.
c. With respect to the International Dairy Arrangement,
(i) in accordance with section 2(b)(1) and (3) of the Act ( 93 Stat. 147 ), each major industrial country (as defined in section 126(d)) [ 19 U.S.C. 2136(d) ] is also accepting the agreement with the exception of Canada;
(ii) in accordance with section 2(b)(3) of the Act ( 93 Stat. 147 ), the acceptance of this agreement by Canada is not essential to the effective operation of the agreement; and
(iii) in accordance with section 2(b)(3)(A) of the Act, Canada is not a major factor in trade in the products covered by the agreement.
d. With respect to the Arrangement Regarding Bovine Meat, in accordance with section 2(b)(1) and (3) of the Act ( 93 Stat. 147 ), each major industrial country (as defined in section 126(d) of the Trade Act of 1974 ( 19 U.S.C. 2136(d) is also accepting the agreement.
e. In accordance with section 601(a) of the Trade Agreements Act of 1979 ( 93 Stat. 267 ),
(i) the conditions under section 2(b) of that Act ( 93 Stat. 147 ) on acceptance of the Agreement on Trade in Civil Aircraft have been fulfilled;
(ii) the modifications provided for in section A of Annex II to Proclamation No. 4707 of December 11, 1979 [see note set out under section 2111 of this title ], which were authorized by section 601(a) of the Trade Agreements Act of 1979 ( 93 Stat. 267 ), shall be effective with respect to articles entered, or withdrawn from warehouse, for consumption on and after January 1, 1980; and
(iii) the amendment to section 466 of the Tariff Act of 1930 ( 19 U.S.C. 1466 ) provided for in section 601(a)(3) of the Trade Agreements Act of 1979 ( 93 Stat. 268 ) shall be effective with respect to entries made under section 466 on and after January 1, 1980.
2. Authorize the United States Special Representative for Trade Negotiations [now United States Trade Representative], or his designee, on behalf of the United States of America,
(a) to sign and accept the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, the Agreement on Technical Barriers to Trade, the Agreement on Import Licensing Procedures, the Agreement on Trade in Civil Aircraft, the International Dairy Arrangement and the Arrangement Regarding Bovine Meat;
(b) to sign the Agreement on Government Procurement subject to satisfactory completion of negotiations on entity coverage under the Agreement; and
(c) to sign the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade subject to acceptance.
3. [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.]
CHAPTER 13 -TRADE AGREEMENTS ACT OF 1979!@!Sec. 2504 -->
No provision of any trade agreement approved by the Congress under section 2503(a) of this title , nor the application of any such provision to any person or circumstance, which is in conflict with any statute of the United States shall be given effect under the laws of the United States.
Regulations necessary or appropriate to carry out actions proposed in any statement of proposed administrative action submitted to the Congress under section 2112 of this title to implement each agreement approved under section 2503(a) of this title shall be issued within 1 year after the date of the entry into force of such agreement with respect to the United States.
Whenever the President determines that it is necessary or appropriate to amend, repeal, or enact a statute of the United States in order to implement any requirement of, amendment to, or recommendation under such an agreement, he shall submit to the Congress a draft of a bill to accomplish the amendment, repeal, or enactment and a statement of any administrative action proposed to implement the requirement, amendment, or recommendation. Not less than 30 days before submitting such a bill, the President shall consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each committee of the House or Senate which has jurisdiction over legislation involving subject matters which would be affected by such amendment, repeal, or enactment. The consultation shall treat all matters relating to the implementation of such requirement, amendment, or recommendation, as provided in paragraphs (2) and (3).
No such amendment shall enter into force with respect to the United States, and no such requirement, amendment, or recommendation shall be implemented under United States law, unless—
(A) the President, after consultation with the Congress under paragraph (1), notifies the House of Representatives and the Senate of his determination and publishes notice of that determination in the Federal Register,
(B) the President transmits a document to the House of Representatives and to the Senate containing a copy of the text of such requirement, amendment, or recommendation, together with—
(i) a draft of a bill to amend or repeal provisions of existing statutes or to create statutory authority and an explanation as to how the bill and any proposed administrative action affect existing law, and
(ii) a statement of how the requirement, amendment, or recommendation serves the interests of United States commerce and why the legislative and administrative action is necessary or appropriate to carry out the requirement, amendment, or recommendation, and
(C) the bill submitted by the President is enacted into law.
The President may make the same type of recommendations, in the same manner and subject to the same conditions, to the Congress with respect to the application of any such requirement, amendment, or recommendation as he may make, under section 2112(f) of this title , with respect to a trade agreement.
The bill submitted by the President shall be introduced in accordance with the provisions of subsection (c)(1) of section 2191 of this title , and the provisions of subsections (d), (e), (f), and (g) of such section shall apply to the consideration of the bill. For the purpose of applying section 2191 of this title to such bill—
(A) the term "trade agreement" shall be treated as a reference to the requirement, amendment, or recommendation, and
(B) the term "implementing bill" or "implementing revenue bill", whichever is appropriate, shall be treated as a reference to the bill submitted by the President.
Neither the entry into force with respect to the United States of any agreement approved under section 2503(a) of this title , nor the enactment of this Act, shall be construed as creating any private right of action or remedy for which provision is not explicitly made under this Act or under the laws of the United States.
This Act, referred to in subsec. (d), is
July 26, 1979, 93 Stat. 144 , known as the Trade Agreements Act of 1979. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables.
As originally enacted section 3 of
consisted of subsecs. (a) to (c), (e) and (f), without a provision designated as (d). Subsec. (e) amended section 2111(b)(1) of this title and subsec. (f) has been redesignated as (d) for the purposes of codification of this section.
Subsec. (c) of this section applicable as if United States-Canada Free-Trade Agreement, which entered into force on Jan. 1, 1989, were an agreement approved under section 2503(a) of this title , see section 102(e) of
set out in a note under section 2112 of this title .
CHAPTER 13 -TRADE AGREEMENTS ACT OF 1979!@!SUBCHAPTER I-GOVERNMENT PROCUREMENT -->
Subject to subsection (f) of this section, the President may waive, in whole or in part, with respect to eligible products of any foreign country or instrumentality designated under subsection (b), and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Government procurement that would, if applied to such products and suppliers, result in treatment less favorable than that accorded—
(1) to United States products and suppliers of such products; or
(2) to eligible products of another foreign country or instrumentality which is a party to the Agreement and suppliers of such products.
The President may designate a foreign country or instrumentality for purposes of subsection (a) only if he determines that such country or instrumentality—
(1) is a country or instrumentality which (A) has become a party to the Agreement or the USMCA (as defined in section 4502 of this title ), and (B) will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products;
(2) is a country or instrumentality, other than a major industrial country, which (A) will otherwise assume the obligations of the Agreement, and (B) will provide such opportunities to such products and suppliers;
(3) is a country or instrumentality, other than a major industrial country, which will provide such opportunities to such products and suppliers; or
(4) is a least developed country.
The President may modify or withdraw any waiver granted pursuant to subsection (a) or designation made pursuant to subsection (b).
Notwithstanding any other provision of law, the President may direct any agency of the United States listed in Annex 13–A of the USMCA (as defined in section 4502 of this title ) to procure eligible products in compliance with the procedural provisions of chapter 13 of the USMCA.
The authority of the President under subsection (a) of this section to waive any law, regulation, procedure, or practice regarding Government procurement does not authorize the waiver of any small business or minority preference.
2020—Subsec. (b)(1).
§505(a)(1), substituted "the USMCA (as defined in section 4502 of this title )" for "the North American Free Trade Agreement".
§505(a)(2), substituted "Annex 13–A of the USMCA (as defined in section 4502 of this title )" for "Annex 1001.1a–2 of the North American Free Trade Agreement" and " chapter 13 of the USMCA" for " chapter 10 of such Agreement".
1993—Subsec. (a).
§381(a)(1), substituted "Subject to subsection (f) of this section, the President" for "The President".
§381(a)(2), inserted "or the North American Free Trade Agreement" after "the Agreement".
§381(a)(3), added subsecs. (e) and (f).
1988—Subsec. (d).
§§7004, 7005(e), temporarily added subsec. (d) which read as follows: "The authority of the President under subsection (a) of this section to waive any laws, regulation, procedure, or practice shall be effective notwithstanding any other provision of law hereafter enacted (excluding the provisions of and amendments made by the Buy American Act of 1988) unless such other provision specifically refers to and amends this section." See Effective and Termination Dates of 1988 Amendment note below.
"(1) In general .—The amendments made by subsections (a) and (b) [amending this section and section 2518 of this title ] shall—
"(A) take effect on the date on which the USMCA enters into force [July 1, 2020]; and
"(B) apply with respect to a procurement on or after that date.
"(2) Transition from nafta treatment .—In the case of a procurement before the date on which the USMCA enters into force—
"(A) the amendments made by subsections (a) and (b) to sections 301 and 308 of the Trade Agreements Act of 1979 ( 19 U.S.C. 2511 and 2518 ) shall not apply with respect to the contract; and
"(B) sections 301 and 308 of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the contract."
[For definition of "USMCA" as used in section 505(c) of
set out above, see section 4502 of this title .]
title III, §381(e), Dec. 8, 1993, 107 Stat. 2129 , which provided that subtitle G of title III of
would take effect on the date the North American Free Trade Agreement entered into force with respect to the United States (Jan. 1, 1994), was repealed by
title VI, §601, Jan. 29, 2020, 134 Stat. 78 , effective on the date the USMCA entered into force (July 1, 2020).
title VII, §7004, Aug. 23, 1988, 102 Stat. 1552 , provided that: "The amendments made by this title [see Tables for classification] shall cease to be effective on April 30, 1996, unless the Congress, after reviewing the report required by section 305(k) of the Trade Agreements Act of 1979 [former 19 U.S.C. 2515(k) ], and other relevant information, extends such date. After such date, the President may modify or terminate any or all actions taken pursuant to such amendments."
title VII, §7005(f), Aug. 23, 1988, 102 Stat. 1553 , provided that: "The amendments made by this section [amending this section and sections 10a, 10b, 10c, and 10d of Title 41 , Public Contracts] shall take effect upon enactment [Aug. 23, 1988]."
title III, §309, July 26, 1979, 93 Stat. 241 , provided that: "The provisions of this title [this subchapter] shall be effective on the date of enactment of this Act [July 26, 1979], except that—
"(1) the authority of the President to grant waivers under section 303 [ section 2513 of this title ] shall be effective on January 1, 1980; and
"(2) the authority of the President to grant waivers under section 301 [this section] shall be effective on January 1, 1981."
Functions of President under this section delegated to United States Trade Representative, see section 1–201 of Ex. Ord. No. 12260, set out as a note below.
Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, as amended by Ex. Ord. No. 12347, Feb. 23, 1982, 47 F.R. 8149; Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12474, Apr. 17, 1984, 49 F.R. 15539; Ex. Ord. No. 13118, §10(7), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13284, §12, Jan. 23, 2003, 68 F.R. 4076, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including Title III of the Trade Agreements Act of 1979 ( 19 U.S.C. 2511–2518 ), and Section 301 of Title 3 of the United States Code , and in order to implement the Agreement on Government Procurement, as defined in 19 U.S.C. 2518(1), it is hereby ordered as follows:
1–101. The obligations of the Agreement on Government Procurement (Agreement on Government Procurement, General Agreement on Tariffs and Trade, 12 April 1979, Geneva (GATT 1979)) apply to any procurement of eligible products by the Executive agencies listed in the Annex to this Order (eligible products are defined in Section 308 of the Trade Agreements Act of 1979; 19 U.S.C. 2518(4) ). Such procurement shall be in accord with the policies and procedures of the Office of Federal Procurement Policy ([former] 41 U.S.C. 401 et seq.).
1–102. The United States Trade Representative, hereinafter referred to as the Trade Representative, shall be responsible for interpretation of the Agreement. The Trade Representative shall seek the advice of the interagency organization established under Section 242(a) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1872(a) ) and consult with affected Executive agencies, including the Office of Federal Procurement Policy.
1–103. The interpretation of Article VIII:1 of the Agreement shall be subject to the concurrence of the Secretary of Defense
1–104. The Trade Representative shall determine, from time to time, the dollar equivalent of 150,000 Special Drawing Right units and shall publish that determination in the Federal Register. Procurement of less than 150,000 Special Drawing Right units is not subject to the Agreement or this Order (Article I:1(b) of the Agreement).
1–105. In order to ensure coordination of international trade policy with regard to the implementation of the Agreement, agencies shall consult in advance with the Trade Representative about negotiations with foreign governments or instrumentalities which concern government procurement.
1–201. The functions vested in the President by Sections 301, 302, 304, 305(c) and 306 of the Trade Agreements Act of 1979 ( 19 U.S.C. 2511, 2512, 2514, 2515(c) and 2516 ) are delegated to the Trade Representative.
1–202. Notwithstanding the delegation in Section 1–201, the Secretary of Defense is authorized, in accord with Section 302(b)(3) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2512(b)(3) ), to waive the prohibitions specified therein.
2. Administrative Conference of the United States
3. American Battle Monuments Commission
4. Board for International Broadcasting
5. Civil Aeronautics Board
6. Commission on Civil Rights
7. Commodity Futures Trading Commission
8. Consumer Product Safety Commission
9. Department of Agriculture (The Agreement on Government Procurement does not apply to procurement of agricultural products made in furtherance of agricultural support programs or human feeding programs)
10. Department of Commerce
11. Department of Defense (Excludes Corps of Engineers)
12. Department of Education
13. Department of Health and Human Services
14. Department of Homeland Security
15. Department of Housing and Urban Development
16. Department of the Interior (Excludes the Bureau of Reclamation)
17. Department of Justice
18. Department of Labor
19. Department of State
20. Department of the Treasury
21. Environmental Protection Agency
22. Equal Employment Opportunity Commission
23. Executive Office of the President
24. Export-Import Bank of the United States
25. Farm Credit Administration
26. Federal Communications Commission
27. Federal Deposit Insurance Corporation
28. Federal Home Loan Bank Board
29. Federal Maritime Commission
30. Federal Mediation and Conciliation Service
31. Federal Trade Commission
32. General Services Administration (Purchases by the Tools Commodity Center, and the Region 9 Office in San Francisco, California are not included)
33. Interstate Commerce Commission
34. Merit Systems Protection Board
35. National Aeronautics and Space Administration
36. National Credit Union Administration
37. National Labor Relations Board
38. National Mediation Board
39. National Science Foundation
40. National Transportation Safety Board
41. Nuclear Regulatory Commission
42. Office of Personnel Management
43. Overseas Private Investment Corporation [now United States International Development Finance Corporation]
44. Panama Canal Commission
45. Railroad Retirement Board
46. Securities and Exchange Commission
47. Selective Service System
48. Smithsonian Institution
49. United States Arms Control and Disarmament Agency
50. United States Information Agency
51. United States Agency for International Development
52. United States International Trade Commission
53. Veterans Administration
54. Maritime Administration of the Department of Transportation
55. The Peace Corps
[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of Title 22 , Foreign Relations and Intercourse.]
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22 , Foreign Relations and Intercourse.]
Ex. Ord. No. 12849, May 25, 1993, 58 F.R. 30931, provided:
WHEREAS, the United States and the European Community (EC) have entered into a Memorandum of Understanding on Government Procurement (Agreement) that provides appropriate reciprocal competitive government procurement opportunities;
WHEREAS, the commitments made in the Agreement are intended to become part of an expanded General Agreement on Tariffs and Trade Agreement on Government Procurement (GATT Code) and are an important step toward an expanded GATT Code;
WHEREAS, as a result of these commitments, U.S. businesses will obtain increased access to EC member state procurement for U.S. goods and services;
WHEREAS, I have determined that it is inconsistent with the public interest to apply the restrictions of the Buy American Act, as amended ([former] 41 U.S.C. 10a–10d) [see 41 U.S.C. 8301 et seq. ], to procurement covered by the Agreement;
NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code , and title III of the Trade Agreements Act of 1979, as amended ( 19 U.S.C. 2511–2518 ), and in order to implement the Agreement, it is hereby ordered as follows:
Section 1. In applying the provisions of the Buy American Act, the heads of the agencies listed in Annex 1, Parts A and B, of this order are requested, as of the date of this order, to apply no price differential between articles, materials, or supplies of U.S. origin and those originating in the member states of the EC.
Sec . 2. For purposes of this order, the rule of origin specified in section 308 of the Trade Agreements Act of 1979, as amended ( 19 U.S.C. 2518 ), shall apply in determining whether goods originate in the member states of the EC.
Sec . 3. This order shall apply only to solicitations, issued by agencies listed in Annex 1, Parts A and B, of this order, above the threshold amounts set forth in Annex 2.
Sec . 4. This order shall apply to solicitations outstanding on the date of this order, except for those for which the initial deadline for receipt of bids or proposals has passed, and to all solicitations issued after the date of this order.
Sec . 5. Except for procurements by the Department of Defense, the United States Trade Representative (USTR) shall be responsible for interpretation of the Agreement. The USTR shall seek the advice of the interagency organization established under section 242(a) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1872(a) ) and consult with affected agencies, including the Office of Federal Procurement Policy.
Sec . 6. This Executive order is effective immediately. Although regulatory implementation of this order must await revisions to the Federal Acquisition Regulation (FAR), it is expected that agencies listed in Annex 1, Parts A and B, of this order will take all appropriate actions in the interim to implement those aspects of the order that are not dependent upon regulatory revision.
Sec . 7. Pursuant to section 25 of the Office of Federal Procurement Policy Act, as amended ([former] 41 U.S.C. 421(a)) [now 41 U.S.C. 1302, 1303 ], the Federal Acquisition Regulatory Council shall ensure that the policies established herein are incorporated in the FAR within 30 days from the date this order is issued.
William J. Clinton.
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy (Not including national security procurement made in support of safeguarding nuclear materials or technology and entered into under the authority of the Atomic Energy Act [ 42 U.S.C. 2011 et seq. ]; and oil purchases related to the Strategic Petroleum Reserve)
Department of Health and Human Services
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of State
Department of Transportation (The national security consideration currently applicable to the Department of Defense under the GATT Government Procurement Code is equally applicable under this Agreement to the Coast Guard)
Department of the Treasury
United States Agency for International Development
General Services Administration (other than Federal Supply Groups 51 and 52 and Federal Supply Class 7340)
National Aeronautics and Space Administration
Department of Veterans Affairs
Environmental Protection Agency
United States Information Agency
National Science Foundation
Panama Canal Commission
Executive Office of the President
Farm Credit Administration
National Credit Union Administration
Merit Systems Protection Board
United States Arms Control and Disarmament Agency
Office of Thrift Supervision
Federal Housing Finance Board
National Labor Relations Board
National Mediation Board
Railroad Retirement Board
American Battle Monuments Commission
Federal Communications Commission
Federal Trade Commission
Interstate Commerce Commission
Securities and Exchange Commission
Office of Personnel Management
United States International Trade Commission
Export-Import Bank of the United States
Federal Mediation and Conciliation Service
Selective Service System
Federal Deposit Insurance Corporation
Consumer Product Safety Commission
Equal Employment Opportunity Commission
Federal Maritime Commission
National Transportation Safety Board
Nuclear Regulatory Commission
Overseas Private Investment Corporation [now United States International Development Finance Corporation]
Administrative Conference of the United States
Board for International Broadcasting
Commission on Civil Rights
Commodity Futures Trading Commission
The Peace Corps
National Archives and Records Administration
The Power Marketing Administrations of the Department of Energy
Tennessee Valley Authority
Goods contracts—130,000 SDRs (currently $176,000)
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22 , Foreign Relations and Intercourse.]
[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of Title 22 , Foreign Relations and Intercourse.]
CHAPTER 13 -TRADE AGREEMENTS ACT OF 1979!@!SUBCHAPTER I-GOVERNMENT PROCUREMENT!@!Sec. 2512 -->
Subject to paragraph (2), the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products—
(A) shall, with respect to procurement covered by the Agreement, prohibit the procurement, after the date on which any waiver under section 2511(a) of this title first takes effect, of products—
(i) which are products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title , and
(ii) which would otherwise be eligible products; and
(B) may, with respect to procurement covered by the Agreement, take such other actions within the President's authority as the President deems necessary.
Paragraph (1) shall not apply in the case of procurements for which—
(A) there are no offers of products or services of the United States or of eligible products; or
(B) the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements of the United States Government.
Notwithstanding subsection (a), but in furtherance of the objective of encouraging countries to become parties to the Agreement and provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products, the President may—
(1) waive the prohibition required by subsection (a)(1) on procurement of products of a foreign country or instrumentality which has not yet become a party to the Agreement but—
(A) has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and
(B) maintains and enforces effective prohibitions on bribery and other corrupt practices in connection with its government procurement;
(2) authorize agency heads to waive, subject to interagency review and general policy guidance by the organization established under section 1872(a) of this title , such prohibition on a case-by-case basis when in the national interest; and
(3) authorize the Secretary of Defense to waive, subject to interagency review and policy guidance by the organization established under section 1872(a) of this title , such prohibition for products of any country or instrumentality which enters into a reciprocal procurement agreement with the Department of Defense.
Before exercising the waiver authority under paragraph (1), the President shall consult with the appropriate private sector advisory committees established under section 2155 of this title and with the appropriate committees of the Congress.
On or before July 1, 1981, the President shall report to the Committee on Ways and Means and the Committee on Government Operations of the House of Representatives and to the Committee on Finance and the Committee on Governmental Affairs of the Senate on the effects on the United States economy (including effects on employment, production, competition, costs and prices, technological development, export trade, balance of payments, inflation, and the Federal budget) of the refusal of developed countries to allow the Agreement to cover the entities of the governments of such countries which are the principal purchasers of goods and equipment in appropriate product sectors.
The report required by paragraph (1) shall include an evaluation of alternative means to obtain equity and reciprocity in such product sectors, including (A) prohibiting the procurement of products of such countries by United States entities not covered by the Agreement, and (B) modifying the application of chapter 83 of title 41 . The report shall include an analysis of the effect of such alternative means on the United States economy (including effects on employment, production, competition, costs and prices, technological development, export trade, balance of payments, inflation, and the Federal budget), and on successful negotiations on the expansion of the coverage of the Agreement pursuant to section 2514(a) and (b) of this title, other trade negotiating objectives, the relationship of the Federal Government to State and local governments, and such other factors as the President deems appropriate.
In the preparation of the report required by paragraph (1) and the evaluation and analysis required by paragraph (2), the President shall consult with representatives of the public, industry, and labor, and make available pertinent, nonconfidential information obtained in the course of such preparation to the advisory committees established pursuant to section 2155 of this title .
On or before October 1, 1981, the President shall prepare and transmit to the congressional committees referred to in subsection (c)(1) a report which describes the actions he deems appropriate to establish reciprocity with major industrialized countries in the area of Government procurement.
If the President determines that any changes in existing law or new statutory authority are required to authorize or to implement any action proposed in the report submitted under paragraph (1), he shall, on or after January 1, 1982, submit to the Congress a bill to accomplish such changes or provide such new statutory authority. Prior to submitting such a bill, the President shall consult with the appropriate committees of the Congress having jurisdiction over legislation involving subject matters which would be affected by such action, and shall submit to such committees a proposed draft of such bill.
The appropriate committee of each House of the Congress shall give a bill submitted pursuant to subparagraph (A) prompt consideration and shall make its best efforts to take final committee action on such bill in an expeditious manner.
In subsec. (c)(2)(B), " chapter 83 of title 41 " substituted for "title III of the Act of March 3, 1933 ( 41 U.S.C. 10a et seq. ), commonly referred to as the Buy American Act" on authority of
§6(c), Jan. 4, 2011, 124 Stat. 3854 , which Act enacted Title 41, Public Contracts.
1994—Subsec. (a).
§343(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "With respect to procurement covered by the Agreement, the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products—
"(1) shall prohibit the procurement, after the date on which any waiver under section 2511(a) of this title first takes effect, of products (A) which are products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title , and (B) which are products covered under the Agreement for procurement by the United States; and
"(2) may take such other actions within his authority as he deems necessary."
§343(b)(2), inserted concluding provisions.
§343(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "delay, for a period not to exceed two years, the prohibition of procurement, required pursuant to subsection (a)(1) of this section, of products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title , except that no such delay shall be granted with respect to the procurement of products of any major industrial country;".
1993—Subsec. (a)(1).
substituted "are products covered under the Agreement for procurement by the United States" for "would otherwise be eligible products".
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
set out as a note preceding section 21 of Title 2 , The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
"(a) In General .—Except as provided in subsection (b), the amendments made by this subtitle [subtitle E (§§341–344 of title III of
amending this section and sections 2513 to 2515, 2517, and 2518 of this title , repealing section 2516 of this title , and amending provisions set out as a note under section 903 of Title 7 , Agriculture] take effect on the date on which the Agreement on Government Procurement referred to in section 101(d)(17) [ 19 U.S.C. 3511(d)(17) ] enters into force with respect to the United States [Jan. 1, 1995].
"(b) Section 342(g).—The amendments made by section 342(g) [amending provisions set out as a note under section 903 of Title 7 ] take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995]."
effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 381(e) of
formerly set out as a note under section 2511 of this title .
Functions of President under this section delegated to United States Trade Representative, with authority delegated to Secretary of Defense to waive the prohibitions contained in subsec. (b)(3), see section 1–201 of Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, set out as a note under section 2511 of this title .
CHAPTER 13 -TRADE AGREEMENTS ACT OF 1979!@!SUBCHAPTER I-GOVERNMENT PROCUREMENT!@!Sec. 2513 -->
The President may waive the application of the provisions of chapter 83 of title 41 in the case of any procurement of civil aircraft and related articles of a country or instrumentality which is a party to the Agreement on Trade in Civil Aircraft referred to in section 2503(c) of this title and approved under section 2503(a) of this title . The President may modify or withdraw any waiver granted pursuant to this section.
In text, " chapter 83 of title 41 " substituted for "title III of the Act of March 3, 1933 ( 41 U.S.C. 10a et seq. ), popularly referred to as the Buy American Act," on authority of
§6(c), Jan. 4, 2011, 124 Stat. 3854 , which Act enacted Title 41, Public Contracts.
inserted "referred to in section 2503(c) of this title and approved under section 2503(a) of this title " after "Civil Aircraft".
effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title , enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of
set out as a note under section 2512 of this title .
Section effective July 26, 1979, but authority of President to grant waivers under this section effective on Jan. 1, 1980, see section 309 of
set out as a note under section 2511 of this title .
Functions of President under this section delegated to United States Trade Representative, see section 1–103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title .
CHAPTER 13 -TRADE AGREEMENTS ACT OF 1979!@!SUBCHAPTER I-GOVERNMENT PROCUREMENT!@!Sec. 2514 -->
The President shall seek in the renegotiations provided for in article XXIV(7) of the Agreement more open and equitable market access abroad, and the harmonization, reduction, or elimination of devices which distort trade or commerce related to Government procurement, with the overall goal of maximizing the economic benefit to the United States through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, the development of fair and equitable market opportunities, and open and nondiscriminatory world trade. In carrying out the provisions of this subsection, the President shall consider the assessment made in the report required under section 2516(a) 1 of this title.
The President shall seek, consistent with the overall objective set forth in subsection (a) and to the maximum extent feasible, with respect to appropriate product sectors, competitive opportunities for the export of United States products to the developed countries of the world equivalent to the competitive opportunities afforded by the United States, taking into account all barriers to, and other distortions of, international trade affecting that sector.
The President shall seek to establish in the renegotiation provided for in article XXIV(7) of the Agreement a system for independent verification of information provided by parties to the Agreement to the Committee on Government Procurement pursuant to article XIX(5) of the Agreement.
If, during the renegotiations of the Agreement, the President at any time determines that the renegotiations are not progressing satisfactorily and are not likely to result, within twelve months of the commencement thereof, in an expansion of the Agreement to cover purchases by the entities of the governments of developed countries which are the principal purchasers of goods and equipment in appropriate product sectors, he shall so report to the congressional committees referred to in section 2512(c)(1) of this title . Taking into account the objectives set forth in subsections (a) and (b) of this section and the factors required to be analyzed under section 2512(c) of this title , the President shall further report to such committees appropriate actions to seek reciprocity in such product sectors with such countries in the area of government procurement.
Taking into account the factors required to be analyzed under section 2512(c) of this title , the President may recommend to the Congress legislation (with respect to entities of the Government which are not covered by the Agreement) which may prohibit such entities from purchasing products of such countries.
Each annual report of the President under section 163(a) of the Trade Act of 1974 [ 19 U.S.C. 2213(a) ] made after July 26, 1979 shall report the actions, if any, the President deemed appropriate to establish reciprocity in appropriate product sectors with major industrial countries in the area of government procurement.
Before exercising the waiver authority in section 2511 of this title for procurement not covered by the Agreement on the date it enters into force with respect to the United States, the President shall follow the consultation provisions of section 135 [ 19 U.S.C. 2155 ] and chapter 6 of title I of the Trade Act of 1974 [ 19 U.S.C. 2211 et seq. ] for private sector and congressional consultations.
Section 2516 of this title , referred to in subsec. (a), was repealed by
The Trade Act of 1974, referred to in subsec. (e), is
Jan. 3, 1975, 88 Stat. 1978 . Chapter 6 of title I of the Trade Act of 1974 is classified generally to part 6 of subchapter I (§2211 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
1996—Subsec. (a).
§20(c)(11)(A), struck out comma after "XXIV(7)".
§20(c)(11)(B), struck out comma after "XXIV(7)" and "XIX(5)".
1994—Subsec. (a).
§342(b)(1), substituted "article XXIV(7)" for "part IX, paragraph 6".
§342(b)(1), (2), substituted "article XXIV(7)" for "part IX, paragraph 6" and "article XIX(5)" for "part VI, paragraph 9".
§342(b)(3), substituted "the date it enters into force with respect to the United States" for "July 26, 1979".
effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title , enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of
set out as a note under section 2512 of this title .
Functions of President under this section delegated to United States Trade Representative, see section 1–201 of Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, set out as a note under section 2511 of this title .
The Agreement on Government Procurement, as referred to in section 3511(d)(17) of this title , entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title .
CHAPTER 13 -TRADE AGREEMENTS ACT OF 1979!@!SUBCHAPTER I-GOVERNMENT PROCUREMENT!@!Sec. 2515 -->
In the preparation of the recommendations for the reorganization of trade functions, the President shall ensure that careful consideration is given to monitoring and enforcing the requirements of the Agreement and this subchapter, with particular regard to the tendering procedures required by the Agreement or otherwise agreed to by a country or instrumentality likely to be designated pursuant to section 2511(b) of this title .
For the purposes of this subchapter, the Secretary of the Treasury shall provide for the prompt issuance of advisory rulings and final determinations on whether, under section 2518(4)(B) of this title , an article is or would be a product of a foreign country or instrumentality designated pursuant to section 2511(b) of this title .
In addition to any other provisions of law which may be applicable, section 1001 of title 18 shall apply to fraudulent conduct with respect to the origin of products for purposes of qualifying for a waiver under section 2511 of this title or avoiding a prohibition under section 2512 of this title .
As soon as practicable after the close of the two-year period beginning on the date on which any waiver under section 2511(a) of this title first takes effect, the President shall prepare and transmit to Congress a report containing an evaluation of administrative practices under any provision of law which requires determinations to be made of the country of origin of goods, products, commodities, or other articles of commerce. Such evaluation shall be accompanied by the President's recommendations for legislative and executive measures required to improve and simplify and to make more uniform and consistent such practices. Such evaluation and recommendations shall take into account the special problems affecting insular possessions of the United States with respect to such practices.
The report required under paragraph (1) shall contain an evaluation of the administrative practices under the laws of each major industrial country which require determinations to be made of the country of origin of goods, products, commodities, or other articles of commerce, including an assessment of such practices on the exports of the United States.