Collapse to view only § 5606. Implementation of commitments under Uruguay Round Agreements
- § 5601. Purpose
- § 5602. Definitions
- § 5603. Agricultural export promotion strategy
- § 5603a. Global market strategy
- § 5604. Preservation of traditional markets
- § 5605. Independence of authorities
- § 5606. Implementation of commitments under Uruguay Round Agreements
- § 5607. Exporter assistance initiative
- § 5608. Foreign trade missions
§ 5601. Purpose
It is the purpose of this chapter to increase the profitability of farming and to increase opportunities for United States farms and agricultural enterprises by—
(1) increasing the effectiveness of the Department of Agriculture in agricultural export policy formulation and implementation;
(2) improving the competitiveness of United States agricultural commodities and products in the world market; and
(3) providing for the coordination and efficient implementation of all agricultural export programs.
(Pub. L. 95–501, title I, § 101, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669.)
§ 5602. DefinitionsAs used in this chapter—
(1) Agricultural commodity
(2) Developing countryThe term “developing country” means a country that—
(A) has a shortage of foreign exchange earnings and has difficulty accessing sufficient commercial credit to meet all of its food needs, as determined by the Secretary; and
(B) has the potential to become a commercial market for agricultural commodities.
(3) Secretary
(4) Service
(5) Unfair trade practice
(A) In generalSubject to subparagraph (B), the term “unfair trade practice” means any act, policy, or practice of a foreign country that—
(i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement to which the United States is a party;
(ii) in the case of a monopolistic state trading enterprise engaged in the export sale of an agricultural commodity, implements a pricing practice that is inconsistent with sound commercial practice;
(iii) provides a subsidy that—(I) decreases market opportunities for United States exports; or(II) unfairly distorts an agricultural market to the detriment of United States exporters;
(iv) imposes an unfair technical barrier to trade, including—(I) a trade restriction or commercial requirement (such as a labeling requirement) that adversely affects a new technology (including biotechnology); and(II) an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uruguay Round Agreements, is not based on scientific principles; 1
1 So in original. There probably should be a closing parenthesis.
(v) imposes a rule that unfairly restricts imports of United States agricultural commodities in the administration of tariff rate quotas; or
(vi) fails to adhere to, or circumvents any obligation under, any provision of a trade agreement with the United States.
(B) Consistency with 1974 Trade Act
(6) United States
(7) United States agricultural commodityThe term “United States agricultural commodity” means—
(A) an agricultural commodity or product entirely produced in the United States; or
(B) a product of an agricultural commodity—
(i) 90 percent or more of the agricultural components of which by weight, excluding packaging and added water, is entirely produced in the United States; and
(ii) that the Secretary determines to be a high value agricultural product.
For purposes of this paragraph, fish entirely produced in the United States include fish harvested by a documented fishing vessel as defined in title 46 in waters that are not waters (including the territorial sea) of a foreign country.
(8) Independent states of the former Soviet Union
(Pub. L. 95–501, title I, § 102, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669; amended Pub. L. 102–511, title VII, § 702, Oct. 24, 1992, 106 Stat. 3349; Pub. L. 104–127, title II, § 243(c), Apr. 4, 1996, 110 Stat. 967; Pub. L. 107–171, title III, § 3104(b), May 13, 2002, 116 Stat. 290.)
§ 5603. Agricultural export promotion strategy
(a) In generalThe Secretary shall develop a strategy for implementing Federal agricultural export promotion programs that takes into account the new market opportunities for agricultural products, including opportunities that result from—
(1) the North American Free Trade Agreement and the Uruguay Round Agreements;
(2) any accession to membership in the World Trade Organization;
(3) the continued economic growth in the Pacific Rim; and
(4) other developments.
(b) Purpose of strategy
(c) Goals of strategyThe strategy developed under subsection (a) shall have the following goals:
(1) Increase the value of United States agricultural exports each year.
(2) Increase the value of United States agricultural exports each year at a faster rate than the rate of increase in the value of overall world export trade in agricultural products.
(3) Increase the value of United States high-value and value-added agricultural exports each year.
(4) Increase the value of United States high-value and value-added agricultural exports each year at a faster rate than the rate of increase in the value of overall world export trade in high-value and value-added agricultural products.
(5) Ensure that to the extent practicable—
(A) all obligations undertaken in the Uruguay Round Agreement on Agriculture that significantly increase access for United States agricultural commodities are implemented to the extent required by the Uruguay Round Agreements; or
(B) applicable United States laws are used to secure United States rights under the Uruguay Round Agreement on Agriculture.
(d) Priority markets
(1) Identification of marketsIn developing the strategy required under subsection (a), the Secretary shall annually identify as priority markets—
(A) those markets in which imports of agricultural products show the greatest potential for increase; and
(B) those markets in which, with the assistance of Federal export promotion programs, exports of United States agricultural products show the greatest potential for increase.
(2) Identification of supporting offices
(Pub. L. 95–501, title I, § 103, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3670; amended Pub. L. 102–237, title III, § 308, Dec. 13, 1991, 105 Stat. 1856; Pub. L. 104–127, title II, § 241(a), Apr. 4, 1996, 110 Stat. 963.)
§ 5603a. Global market strategy
(a) In general
Not later than 180 days after May 13, 2002, and biennially thereafter, the Secretary of Agriculture shall consult with the Committee on Agriculture, and the Committee on International Relations, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the formulation and implementation of a global market strategy for the Department of Agriculture that, to the maximum extent practicable—
(1) identifies opportunities for the growth of agricultural exports to overseas markets;
(2) ensures that the resources, programs, and policies of the Department are coordinated with those of other agencies; and
(3) remove 1
1 So in original. Probably should be “removes”.
barriers to agricultural trade in overseas markets.(b) Review
The consultations under subsection (a) shall include a review of—
(1) the strategic goals of the Department; and
(2) the progress of the Department in implementing the strategic goals through the global market strategy.
(Pub. L. 107–171, title III, § 3206, May 13, 2002, 116 Stat. 301.)
§ 5604. Preservation of traditional markets
The Secretary shall, in implementing programs of the Department of Agriculture intended to encourage or assist exports of agricultural commodities, seek to preserve traditional markets for United States agricultural commodities.
(Pub. L. 95–501, title I, § 104, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3672.)
§ 5605. Independence of authorities
Each authority granted under this chapter shall be in addition to, and not in lieu of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law.
(Pub. L. 95–501, title I, § 105, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3672.)
§ 5606. Implementation of commitments under Uruguay Round Agreements
Not later than September 30 of each year, the Secretary shall evaluate whether the obligations undertaken by foreign countries under the Uruguay Round Agreement on Agriculture are being fully implemented. If the Secretary has reason to believe (based on the evaluation) that any foreign country, by not implementing the obligations of the country, may be significantly constraining an opportunity for United States agricultural exports, the Secretary shall—
(1) submit the evaluation to the United States Trade Representative; and
(2) transmit a copy of the evaluation to the Committee on Agriculture, and the Committee on Ways and Means, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance, of the Senate.
(Pub. L. 95–501, title I, § 106, as added Pub. L. 104–127, title II, § 242(a), Apr. 4, 1996, 110 Stat. 964.)
§ 5607. Exporter assistance initiative
To provide a comprehensive source of information to facilitate exports of United States agricultural commodities, the Secretary shall maintain on a website on the Internet information to assist exporters and potential exporters of United States agricultural commodities.
(Pub. L. 95–501, title I, § 107, as added Pub. L. 107–171, title III, § 3101, May 13, 2002, 116 Stat. 288.)
§ 5608. Foreign trade missions
(a) Tribal representation on trade missions
(1) In general
The Secretary, in consultation with the Tribal Advisory Committee established under subsection (b)(2) of section 6921 of this title (referred to in this section as the “Advisory Committee”), shall seek—
(A) to support the greater inclusion of Tribal agricultural and food products in Federal trade-related activities; and
(B) to increase the collaboration between Federal trade promotion efforts and other Federal trade-related activities in support of the greater inclusion sought under subparagraph (A).
(2) Interdepartmental coordination
In carrying out activities to increase the collaboration described in paragraph (1)(B), the Secretary shall coordinate with—
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior; and
(D) the heads of any other relevant Federal agencies.
(b) Report; goals
(1) Report
Not later than 2 years after December 20, 2018, the Secretary shall submit a report describing the efforts of the Department of Agriculture and other Federal agencies under this section to—
(A) the Advisory Committee;
(B) the Committee on Agriculture of the House of Representatives;
(C) the Committee on Energy and Commerce of the House of Representatives;
(D) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(E) the Committee on Commerce, Science, and Transportation of the Senate; and
(F) the Committee on Indian Affairs of the Senate.
(2) Goals
(Pub. L. 115–334, title III, § 3312, Dec. 20, 2018, 132 Stat. 4623.)