Editorial Notes
References in TextThis chapter, referred to in subsec. (span)(1), was in the original “this Act”, meaning Puspan. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
Section 1402 of this title, referred to in subsec. (g)(1)(A), was repealed by Puspan. L. 96–39.
Amendments1986—Subsec. (span)(4)(B)(ii)(II). Puspan. L. 99–514 substituted “subparagraph” for “subsection”.
1985—Subsec. (span)(3). Puspan. L. 99–47 inserted “that provides for the elimination or reduction of any duty imposed by the United States” after “such other country”.
1984—Subsec. (span). Puspan. L. 98–573, § 401(a), designated existing provisions as par. (1) and added pars. (2) to (4).
Subsec. (g)(1). Puspan. L. 98–573, § 401(span), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (g)(3). Puspan. L. 98–573, § 307(a), designated existing provisions as subpar. (A) and added subpar. (B).
1979—Subsec. (span). Puspan. L. 96–39, § 1101, substituted “13-year period” for “5-year period”.
Subsec. (e)(2). Puspan. L. 96–39, § 1106(c)(1), substituted “copy of the final legal text of such agreement” for “copy of such agreement”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment of subsec. (span) of this section by section 1101 of Puspan. L. 96–39 effective July 26, 1979, see section 1114 of Puspan. L. 96–39, set out as an Effective Date note under section 2581 of this title.
Puspan. L. 96–39, title XI, § 1106(c)(1), July 26, 1979, 93 Stat. 311, provided in part that the amendment of subsec. (e)(2) of this section by section 1106(c)(1) of Puspan. L. 96–39 shall apply with respect to trade agreements submitted to the Congress under this section after July 26, 1979.
United States-Taiwan Initiative on 21st-Century Trade First Agreement ImplementationPuspan. L. 118–13, Aug. 7, 2023, 137 Stat. 63, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘United States-Taiwan Initiative on 21st-Century Trade First Agreement Implementation Act’.
“SEC. 2. FINDINGS.“Congress finds the following:“(1) As a leading democracy, Taiwan is a key partner of the United States in the Indo-Pacific region.
“(2) The United States and Taiwan share democratic values, deep commercial and economic ties, and strong people-to-people connections. Those links serve as the impetus for expanding engagement by the United States with Taiwan.
“(3) Taiwan is the eighth-largest trading partner of the United States and the United States is the second-largest trading partner of Taiwan.
“(4) Since 2020, the United States and Taiwan, under the auspices of the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO), have held an economic prosperity partnership dialogue to enhance economic and commercial ties between the United States and Taiwan, including with respect to supply chain security and resiliency, investment screening, health, science, and technology, and the digital economy.
“(5) On June 1, 2022, the United States and Taiwan launched the United States-Taiwan Initiative on 21st-Century Trade to deepen our economic and trade relationship, advance mutual trade priorities based on shared values, promote innovation, and support inclusive economic growth for workers and businesses.
“(6) On August 17, 2022, the United States and Taiwan announced the negotiating mandate for formal trade negotiations under the United States-Taiwan Initiative on 21st-Century Trade and agreed to seek high-standard commitments.
“(7) Article I, section 8, clause 3 of the Constitution of the United States grants Congress authority over international trade. The President lacks the authority to enter into binding trade agreements absent approval from Congress.
“(8) Congressional approval of the United States-Taiwan Initiative on 21st-Century Trade First Agreement will ensure that the agreement, and the trade relationship between the United States and Taiwan more broadly, will be durable. A durable trade agreement will foster sustained economic growth and give workers, consumers, businesses, farmers, ranchers, and other stakeholders assurance that commercial ties between the United States and Taiwan will be long-lasting and reliable.
“SEC. 3. PURPOSE.“The purpose of this Act is—“(1) to approve and implement the Agreement between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States regarding Trade between the United States of America and Taiwan, done on June 1, 2023;
“(2) to strengthen and develop economic relations between the United States and Taiwan for our mutual benefit;
“(3) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement; and
“(4) to establish transparency and consultation requirements with respect to Further Agreements.
“SEC. 4. DEFINITIONS.“In this Act:“(1)Agreement.—The term ‘Agreement’ means the Agreement between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States regarding Trade between the United States of America and Taiwan approved by Congress under section 5.
“(2)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Finance of the Senate; and
“(B) the Committee on Ways and Means of the House of Representatives.
“(3)Further agreement.—The term ‘Further Agreement’ means—“(A) any trade agreement, other than the Agreement approved by Congress under section 5, arising from or relating to the August 17, 2022, negotiating mandate relating to the United States-Taiwan Initiative on 21st-Century Trade; or
“(B) any nonministerial modification or nonministerial amendment to the Agreement.
“(4)Negotiating text.—The term ‘negotiating text’ means any document that proposes the consideration, examination, or adoption of a particular element or language in an international instrument.
“(5)State law.—The term ‘State law’ includes—“(A) any law of a political subdivision of a State; and
“(B) any State law regulating or taxing the business of insurance.
“(6)Trade representative.—The term ‘Trade Representative’ means the United States Trade Representative.
“SEC. 5. APPROVAL OF AGREEMENT.“Congress approves the Agreement between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States regarding Trade between the United States of America and Taiwan, done on June 1, 2023.
“SEC. 6. ENTRY INTO FORCE OF AGREEMENT.“(a)Conditions for Entry Into Force of Agreement.—The President may provide for the Agreement to enter into force not earlier than 30 days after the date on which the President submits to Congress a certification under subsection (c).
“(span)Consultation and Report.—The President, not later than 30 days before submitting a certification under subsection (c), shall—“(1) consult with the appropriate congressional committees;
“(2) submit to the appropriate congressional committees a report that—“(A) explains the basis of the determination of the President contained in that certification, including by providing specific reference to the measures the parties to the Agreement intend to use to comply with the obligations in the Agreement; and
“(B) describes, including through the use of economic estimates and analyses, how entry into force of the Agreement will further trade relations between the United States and Taiwan and advance the interests of workers, consumers, businesses, farmers, ranchers, and other stakeholders in the United States; and
“(3) answer in writing any questions that relate to potential compliance and implementation of the Agreement that are submitted by the appropriate congressional committees during the 15-day period beginning on the date of the submission of the report under paragraph (2).
“(c)Certification.—A certification under this subsection is a certification in writing that—“(1) indicates the President has determined Taiwan has taken measures necessary to comply with the provisions of the Agreement that are to take effect not later than the date on which the Agreement enters into force; and
“(2) identifies the anticipated date the President intends to exchange notes or take any other action to notify Taiwan that the United States has completed all procedures necessary to bring the Agreement into force.
“(d)Report on Implementation.—“(1)In general.—Not later than 180 days after entry into force of the Agreement, the Trade Representative shall submit to the appropriate congressional committees a report providing an assessment of the implementation of the Agreement, including by identifying any provisions for which further progress is necessary to secure compliance.
“(2)Form.—The report required by paragraph (1) shall be submitted with any confidential business information clearly identified or contained in a separate annex.
“(3)Publication.—Not later than 5 days after the report required by paragraph (1) is submitted to the appropriate congressional committees, the Trade Representative shall publish the report, with any confidential business information redacted, on a publicly available website of the Office of the United States Trade Representative.
“SEC. 7. TRANSPARENCY AND CONSULTATION WITH RESPECT TO FURTHER AGREEMENTS.“(a)Sense of Congress on Deepening Relationship With Taiwan.—It is the sense of Congress that—“(1) the United States should continue to deepen its relationship with Taiwan; and
“(2) any Further Agreements should be high-standard, enforceable, and meaningful to both the United States and Taiwan, as well as subject to robust requirements on public transparency and congressional consultation.
“(span)Access to Texts of Further Agreements.—The Trade Representative shall provide to the appropriate congressional committees the following with respect to a Further Agreement:“(1) Negotiating text drafted by the United States prior to sharing the negotiating text with Taiwan or otherwise sharing the text outside the executive branch.
“(2) Negotiating text drafted by Taiwan not later than 3 days after receiving the text from Taiwan.
“(3) Any consolidated negotiating texts that the United States and Taiwan are considering, which shall include an attribution of the source of each provision contained in those texts to either the United States or Taiwan.
“(4) The final text not later than 45 days before the Trade Representative makes the text public or otherwise shares the text outside the executive branch.
“(c)Review of Texts.—“(1)Briefing.—The Trade Representative shall schedule a briefing with the appropriate congressional committees to discuss the texts provided under subsection (span).
“(2)Review.—The appropriate congressional committees shall have not less than—“(A) 2 business days prior to the briefing under paragraph (1) to review the texts provided under subsection (span); and
“(B) 4 business days after the briefing to provide comments with respect to the texts before the Trade Representative transmits any such texts to Taiwan.
“(3)Additional time to review united states negotiating text.—If, during the period specified in paragraph (2)(B), two Members of Congress who are not of the same political party and each of whom is the Chair or Ranking Member of one of the appropriate congressional committees jointly request additional time to review the negotiating text provided under subsection (span)(1), the Trade Representative shall not transmit the text to Taiwan for a period of 15 business days following the request, unless the request indicates less time is necessary or such Members issue a subsequent joint notification to the Trade Representative that they have concluded their review sooner.
“(d)Notification and Briefing During Negotiations.—The Trade Representative shall—“(1) not later than one business day after scheduling any negotiating round with respect to a Further Agreement, promptly notify the appropriate congressional committees and provide those committees with the dates and locations for the negotiating round;
“(2) ensure that any individual described in section 104(c)(2)(C) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4203(c)(2)(C)) that attends a negotiating round is accredited as a member of the United States delegation during any such negotiating round; and “(3) provide daily briefings to the individuals described in paragraph (2) during any such negotiating round regarding the status of those negotiations, including any tentative agreement to accept any aspect of negotiating text.
“(e)Approval.—A Further Agreement shall not take effect unless—“(1) the President, at least 60 days before the day on which the President enters into the Further Agreement, publishes the text of the Further Agreement on a publicly available website of the Office of the United States Trade Representative; and
“(2) a bill is enacted into law expressly approving the Further Agreement and, if necessary, making any required changes to United States law.
“SEC. 8. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.“(a)Relationship of the Agreement to United States Law.—“(1)United states law to prevail in conflict.—No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States, shall have effect.
“(2)Internal revenue code.—The Agreement does not constitute a free trade agreement for purposes of section 30D(e)(1)(A)(i)(II) of the Internal Revenue Code of 1986 [26 U.S.C. 30D(e)(1)(A)(i)(II)]. “(3)Construction.—Unless specifically provided for in this Act, nothing in this Act shall be construed—“(A) to amend or modify any law of the United States; or
“(B) to limit any authority conferred under any law of the United States.
“(span)Relationship of the Agreement to State Law.—No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.
“(c)Effect of the Agreement With Respect to Private Remedies.—No person other than the United States—“(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
“(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.”
United States-Jordan Free Trade Area ImplementationPuspan. L. 107–43, Sept. 28, 2001, 115 Stat. 243, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘United States-Jordan Free Trade Area Implementation Act’.
“SEC. 2. PURPOSES.“The purposes of this Act are—“(1) to implement the agreement between the United States and Jordan establishing a free trade area;
“(2) to strengthen and develop the economic relations between the United States and Jordan for their mutual benefit; and
“(3) to establish free trade between the 2 nations through the removal of trade barriers.
“SEC. 3. DEFINITIONS.“For purposes of this Act:“(1)Agreement.—The term ‘Agreement’ means the Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area, entered into on October 24, 2000.
“(2) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
<span value="I" class="num">“TITLE I—</span><span>TARIFF MODIFICATIONS; RULES OF ORIGIN</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> TARIFF MODIFICATIONS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Tariff Modifications Provided for in the Agreement</span>.—</span><span>The President may proclaim—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> such modifications or continuation of any duty;</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> such continuation of duty-free or excise treatment; or</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> such additional duties,</span></div><div class="continuation">as the President determines to be necessary or appropriate to carry out article 2.1 of the Agreement and the schedule of duty reductions with respect to Jordan set out in Annex 2.1 of the Agreement.</div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Other Tariff Modifications</span>.—</span><span>The President may proclaim—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> such modifications or continuation of any duty;</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> such continuation of duty-free or excise treatment; or</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> such additional duties,</span></div><div class="continuation">as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Jordan provided for by the Agreement.</div></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> RULES OF ORIGIN.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">In General.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Eligible articles.—</span></span><div class="subparagraph"><span value="A" class="num">“(A)</span><span><span class="inline">In general</span>.—</span><span>The reduction or elimination of any duty imposed on any article by the United States provided for in the Agreement shall apply only if—</span><div class="clause"><span value="i" class="num">“(i)</span><span> that article is imported directly from Jordan into the customs territory of the United States; and</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> that article—</span><div class="subclause"><span value="I" class="num"> “(I)</span><span> is wholly the growth, product, or manufacture of Jordan; or</span></div><div class="subclause"><span value="II" class="num"> “(II)</span><span> is a new or different article of commerce that has been grown, produced, or manufactured in Jordan and meets the requirements of subparagraph (B).</span></div></div></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span><span class="inline">Requirements.—</span></span><div class="clause"><span value="i" class="num">“(i)</span><span><span class="inline">General rule</span>.—</span><span>The requirements of this subparagraph are that with respect to an article described in subparagraph (A)(ii)(II), the sum of—</span><div class="subclause"><span value="I" class="num"> “(I)</span><span> the cost or value of the materials produced in Jordan, plus</span></div><div class="subclause"><span value="II" class="num"> “(II)</span><span> the direct costs of processing operations performed in Jordan,</span></div></div><div class="continuation"> is not less than 35 percent of the appraised value of such article at the time it is entered.</div><div class="clause"><span value="ii" class="num">“(ii)</span><span><span class="inline">Materials produced in united states</span>.—</span><span>If the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied toward determining the percentage referred to in clause (i).</span></div></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Exclusions</span>.—</span><span>No article may be considered to meet the requirements of paragraph (1)(A) by virtue of having merely undergone—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> simple combining or packaging operations; or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article.</span></div></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Direct Costs of Processing Operations.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">In general</span>.—</span><span>As used in this section, the term ‘direct costs of processing operations’ includes, but is not limited to—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> all actual labor costs involved in the growth, production, manufacture, or assembly of the specific merchandise, including fringe benefits, on-the-jospan training, and the cost of engineering, supervisory, quality control, and similar personnel; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the specific merchandise.</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Excluded costs</span>.—</span><span>The term ‘direct costs of processing operations’ does not include costs which are not directly attributable to the merchandise concerned, or are not costs of manufacturing the product, such as—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> profit; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> general expenses of doing business which are either not allocable to the specific merchandise or are not related to the growth, production, manufacture, or assembly of the merchandise, such as administrative salaries, casualty and liability insurance, advertising, and salesmen’s salaries, commissions, or expenses.</span></div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Textile and Apparel Articles.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">In general</span>.—</span><span>A textile or apparel article imported directly from Jordan into the customs territory of the United States shall be considered to meet the requirements of paragraph (1)(A) of subsection (a) only if—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the article is wholly obtained or produced in Jordan;</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> the article is a yarn, thread, twine, cordage, rope, cable, or braiding, and—</span><div class="clause"><span value="i" class="num">“(i)</span><span> the constituent staple fibers are spun in Jordan, or</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> the continuous filament is extruded in Jordan;</span></div></div><div class="subparagraph"><span value="C" class="num">“(C)</span><span> the article is a fabric, including a fabric classified under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in Jordan; or</span></div><div class="subparagraph"><span value="D" class="num">“(D)</span><span> the article is any other textile or apparel article that is wholly assembled in Jordan from its component pieces.</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Definition</span>.—</span><span>For purposes of paragraph (1), an article is ‘wholly obtained or produced in Jordan’ if it is wholly the growth, product, or manufacture of Jordan.</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="inline">Special rules.—</span></span><div class="subparagraph"><span value="A" class="num">“(A)</span><span><span class="inline">Certain made-up articles, textile articles in the piece, and certain other textiles and textile articles</span>.—</span><span>Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, subparagraph (A), (B), or (C) of paragraph (1), as appropriate, shall determine whether a good that is classified under one of the following headings or subheadings of the HTS shall be considered to meet the requirements of paragraph (1)(A) of subsection (a): 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span><span class="inline">Certain knit-to-shape textiles and textile articles</span>.—</span><span>Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, a textile or apparel article which is knit-to-shape in Jordan shall be considered to meet the requirements of paragraph (1)(A) of subsection (a).</span></div><div class="subparagraph"><span value="C" class="num">“(C)</span><span><span class="inline">Certain dyed and printed textiles and textile articles</span>.—</span><span>Notwithstanding paragraph (1)(D), a good classified under span 6117.10, 6213.00, 6214.00. 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for a good classified under any such span as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton, shall be considered to meet the requirements of paragraph (1)(A) of subsection (a) if the fabric in the good is both dyed and printed in Jordan, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.</span></div><div class="subparagraph"><span value="D" class="num">“(D)</span><span><span class="inline">Fabrics of silk, cotton, manmade fiber or vegetable fiber</span>.—</span><span>Notwithstanding paragraph (1)(C), a fabric classified under the HTS as of silk, cotton, man-made fiber, or vegetable fiber shall be considered to meet the requirements of paragraph (1)(A) of subsection (a) if the fabric is both dyed and printed in Jordan, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.</span></div></div><div class="paragraph"><span value="4" class="num">“(4)</span><span><span class="inline">Multicountry rule</span>.—</span><span>If the origin of a textile or apparel article cannot be determined under paragraph (1) or (3), then that article shall be considered to meet the requirements of paragraph (1)(A) of subsection (a) if—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the most important assembly or manufacturing process occurs in Jordan; or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> if the applicability of paragraph (1)(A) of subsection (a) cannot be determined under subparagraph (A), the last important assembly or manufacturing occurs in Jordan.</span></div></div></div><div class="subsection"><span value="d" class="num">“(d)</span><span><span class="inline">Exclusion</span>.—</span><span>A good shall not be considered to meet the requirements of paragraph (1)(A) of subsection (a) if the good—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> is imported into Jordan, and, at the time of importation, would be classified under span 0805 of the HTS; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> is processed in Jordan into a good classified under any of subheadings 2009.11 through 2009.30 of the HTS.</span></div></div><div class="subsection"><span value="e" class="num">“(e)</span><span><span class="inline">Regulations</span>.—</span><span>The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section.</span></div></section><span value="II" class="num">“TITLE II—</span><span>RELIEF FROM IMPORTS</span><subtitle style="-uslm-lc:I74;"><span value="A" class="num">“Subtitle A—</span><span class="centered small-caps">General Provisions</span><section style="-uslm-lc:I580467;"><span value="201" class="num">“SEC. 201.</span><span> DEFINITIONS.</span><span class="indent0" style="-uslm-lc:I21;">“As used in this title:</span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Commission</span>.—</span><span>The term ‘Commission’ means the United States International Trade Commission.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Jordanian article</span>.—</span><span>The term ‘Jordanian article’ means an article that qualifies for reduction or elimination of a duty under section 102.</span></div></section></subtitle><subtitle style="-uslm-lc:I74;"><span value="B" class="num">“Subtitle B—</span><span class="centered small-caps">Relief From Imports Benefiting From The Agreement</span><section style="-uslm-lc:I580467;"><span value="211" class="num">“SEC. 211.</span><span> COMMENCING OF ACTION FOR RELIEF.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Filing of Petition.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">In general</span>.—</span><span>A petition requesting action under this subtitle for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers that is representative of an industry. The Commission shall transmit a copy of any petition filed under this subsection to the United States Trade Representative.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Provisional relief</span>.—</span><span>An entity filing a petition under this subsection may request that provisional relief be provided as if the petition had been filed under section 202(a) of the Trade Act of 1974 [<span href="/us/usc/t19/s2252/a" class="ref"><a href="/uscode/19/2252" target="_blank">19 U.S.C. 2252</a>(a)</span>].</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="inline">Critical circumstances</span>.—</span><span>Any allegation that critical circumstances exist shall be included in the petition.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Investigation and Determination.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">In general</span>.—</span><span></span></div></div></section></subtitle>
Protective Order Provisions Applicable With Respect to Countervailing and Antidumping Duty Investigations Involving Products of Canadian OriginPuspan. L. 101–382, title I, § 135(c), Aug. 20, 1990, 104 Stat. 652, provided that: “For purposes of section 404 of the United States-Canada Free-Trade Agreement Implementation Act of 1988 [Puspan. L. 100–449, set out in a note below], the amendments made by subsection (span) [amending section 1677f of this title] also apply with respect to investigations under title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] involving products of Canadian origin.”
United States-Canada Free-Trade Agreement ImplementationPuspan. L. 100–449, Sept. 28, 1988, 102 Stat. 1851, as amended by Puspan. L. 101–207, § 1(span), Dec. 7, 1989, 103 Stat. 1833; Puspan. L. 101–382, title I, §§ 103(span), 134(span), Aug. 20, 1990, 104 Stat. 635, 651; Puspan. L. 103–182, title I, § 107, title III, § 308(a), title IV, § 413, Dec. 8, 1993, 107 Stat. 2065, 2104, 2147; Puspan. L. 104–66, title I, § 1021(d), Dec. 21, 1995, 109 Stat. 712; Puspan. L. 105–206, title V, § 5003(span)(3), July 22, 1998, 112 Stat. 789; Puspan. L. 114–125, title VIII, § 802(d)(2), Fespan. 24, 2016, 130 Stat. 210; Puspan. L. 116–113, title VI, § 602, Jan. 29, 2020, 134 Stat. 78, provided that:“SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.“(a)Short Title.—This Act [enacting section 1584 of Title 28, Judiciary and Judicial Procedure, amending sections 58c, 81c, 1305, 1306, 1311, 1312, 1313, 1502, 1508, 1514, 1516a, 1562, 1677, 1677f, and 2518 of this title, sections 150bspan, 150cc, 154, 156, 624, 1582, and 2803 of Title 7, Agriculture, section 1184 of Title 8, Aliens and Nationality, section 24 of Title 12, Banks and Banking, section 152 of Title 21, Food and Drugs, sections 1581, 2201, and 2643 of Title 28, section 2201 of Title 42, The Public Health and Welfare, section 4606 of Title 50, War and National Defense, enacting provisions set out as notes below, and amending provisions set out as a note under section 2253 of this title] may be cited as the ‘United States-Canada Free-Trade Agreement Implementation Act of 1988’.
“(span)Table of Contents.— “SEC. 2. PURPOSES.“The purposes of this Act are—“(1) to approve and implement the Free-Trade Agreement between the United States and Canada negotiated under the authority of section 102 of the Trade Act of 1974 [19 U.S.C. 2112]; “(2) to strengthen and develop economic relations between the United States and Canada for their mutual benefit;
“(3) to establish a free-trade area between the two nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
<span value="I" class="num">“TITLE I—</span><span>APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT AND RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Approval of Agreement and Statement of Administrative Action</span>.—</span><span>Pursuant to sections 102 and 151 of the Trade Act of 1974 (<span href="/us/usc/t19/s2112" class="ref"><a href="/uscode/19/2112" target="_blank">19 U.S.C. 2112</a></span> and 2191), the Congress approves—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the United States-Canada Free-Trade Agreement (hereinafter in this Act referred to as the ‘Agreement’) entered into on <span date="1988-01-02" class="date">January 2, 1988</span>, and submitted to the Congress on <span date="1988-07-25" class="date">July 25, 1988</span>;</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the letters exchanged between the Governments of the United States and Canada—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> dated <span date="1988-01-02" class="date">January 2, 1988</span>, relating to negotiations regarding articles 301 (Rules of Origin) and 401 (Tariff Elimination) of the Agreement, and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> dated <span date="1988-01-02" class="date">January 2, 1988</span>, relating to negotiations regarding article 2008 (Plywood Standards) of the Agreement; and</span></div></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on <span date="1988-07-25" class="date">July 25, 1988</span>.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Conditions for Entry Into Force of the Agreement</span>.—</span><span>At such time as the President determines that Canada has taken measures necessary to comply with the obligations of the Agreement, the President is authorized to exchange notes with the Government of Canada providing for the entry into force, on or after <span date="1989-01-01" class="date">January 1, 1989</span>, of the Agreement with respect to the United States.</span></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Report on Canadian Practices</span>.—</span><span>Within 60 days after the date of the enactment of this Act [<span date="1988-09-28" class="date">Sept. 28, 1988</span>] (but not later than <span date="1988-12-15" class="date">December 15, 1988</span>), the United States Trade Representative shall submit to the Congress a report identifying, to the maximum extent practicable, major current Canadian practices (and the legal authority for such practices) that, in the opinion of the United States Trade Representative—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> are not in conformity with the Agreement; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> require a change of Canadian law, regulation, policy, or practice to enable Canada to conform with its international obligations under the Agreement.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">United States Laws To Prevail in Conflict</span>.—</span><span>No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is in conflict with any law of the United States shall have effect.</span></div><div class="subsection"><span value="span" class="num">“(span)</span></div></section>
Plan Amendments Not Required Until January 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.
United States-Israel Free Trade Area ImplementationPuspan. L. 99–47, June 11, 1985, 99 Stat. 82, as amended by Puspan. L. 104–234, § 1, Oct. 2, 1996, 110 Stat. 3058, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘United States-Israel Free Trade Area Implementation Act of 1985’.
“SEC. 2. PURPOSES.“The purposes of this Act are—“(1) to approve and implement the agreement on the establishment of a free trade area between the United States and Israel negotiated under the authority of section 102 of the Trade Act of 1974 [19 U.S.C. 2112]; “(2) to strengthen and develop the economic relations between the United States and Israel for their mutual benefit; and
“(3) to establish free trade between the two nations through the removal of trade barriers.
“SEC. 3. APPROVAL OF A FREE TRADE AREA AGREEMENT.“Pursuant to sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112; 2191), the Congress approves—“(1) the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel (hereinafter in this Act referred to as ‘the Agreement’) entered into on April 22, 1985, and submitted to the Congress on April 29, 1985, and
“(2) the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on April 29, 1985.
“SEC. 4. PROCLAMATION AUTHORITY.“(a)Tariff Modifications.—Except as provided in subsection (c), the President may proclaim—“(1) such modifications or continuance of any existing duty,
“(2) such continuance of existing duty-free or excise treatment, or
“(3) such additional duties,
Trade Agreements With IsraelPuspan. L. 98–573, title IV, §§ 402–405, formerly §§ 402–404, 406, Oct. 30, 1984, 98 Stat. 3015–3017, as renumbered and amended by Puspan. L. 99–47, § 8(a), June 11, 1985, 99 Stat. 84; Puspan. L. 99–514, title XVIII, § 1889(6), Oct. 22, 1986, 100 Stat. 2926; Puspan. L. 100–418, title I, §§ 1214(s)(4), 1401(span)(3), Aug. 23, 1988, 102 Stat. 1160, 1240, provided that:“SEC. 402. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES.“(a)(1) The reduction or elimination of any duty imposed on any article by the United States provided for in a trade agreement entered into with Israel under section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)] shall apply only if—“(A) that article is the growth, product, or manufacture of Israel or is a new or different article of commerce that has been grown, produced, or manufactured in Israel;
“(B) that article is imported directly from Israel into the customs territory of the United States; and
“(C) the sum of—“(i) the cost of value of the materials produced in Israel, plus
“(ii) the direct costs of processing operations performed in Israel,
is not less than 35 percent of the appraised value of such article at the time it is entered.
If the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this subsection applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (C).
“(2) No article may be considered to meet the requirements of paragraph (1)(A) by virtue of having merely undergone—“(A) simple combining or packaging operations; or
“(B) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article.
“(span) As used in this section, the phrase ‘direct costs of processing operations’ includes, but is not limited to—“(1) all actual labor costs involved in the growth, production, manufacture, or assembly of the specific merchandise, including fringe benefits, on-the-jospan training and the cost of engineering, supervisory, quality control, and similar personnel; and
“(2) dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the specific merchandise.
Such phrase does not include costs which are not directly attributable to the merchandise concerned, or are not costs of manufacturing the product, such as (A) profit, and (B) general expenses of doing business which are either not allocable to the specific merchandise or are not related to the growth, production, manufacture, or assembly of the merchandise, such as administrative salaries, casualty and liability insurance, advertising, and salesmen’s salaries, commissions or expenses.
“(c)Regulations.—The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section.
“SEC. 403. APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS.“(a)Suspension of Duty-Free Treatment.—The President may by proclamation suspend the reduction or elimination of any duty provided under any trade agreement provision entered into with Israel under the authority of section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)] with respect to any article and may proclaim a duty rate for such article if such action is proclaimed under section 203 of the Trade Act of 1974 [19 U.S.C. 2253] or section 232 of the Trade Expansion Act of 1962 [19 U.S.C. 1862]. “(span)ITC Reports.—In any report by the United States International Trade Commission (hereinafter referred to in this title [this note] as the ‘Commission’) to the President under section 202(f) of the Trade Act of 1974 [19 U.S.C. 2252(f)] regarding any article for which a reduction or elimination of any duty is provided under a trade agreement entered into with Israel under section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)], the Commission shall state whether and to what extent its findings and recommendations apply to such an article when imported from Israel. “(c) For purposes of section 203 of the Trade Act of 1974 [19 U.S.C. 2253], the suspension of the reduction or elimination of a duty under subsection (a) shall be treated as an increase in duty. “(d) No proclamation which provides solely for a suspension referred to in subsection (a) with respect to any article shall be made under section 203 of the Trade Act of 1974 [19 U.S.C. 2253], unless the Commission, in addition to making an affirmative determination with respect to such article under section 202(span) of the Trade Act of 1974 [19 U.S.C. 2252(span)], determines in the course of its investigation under that section that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly competitive article results from the reduction or elimination of any duty provided under any trade agreement provision entered into with Israel under section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)]. “(e)(1) Any proclamation issued under section 203 of the Trade Act of 1974 [19 U.S.C. 2253] that is in effect when an agreement with Israel is entered into under section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)] shall remain in effect until modified or terminated. “(2) If any article is subject to import relief at the time an agreement is entered into with Israel under section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)], the President may reduce or terminate the application of such import relief to the importation of such article before the otherwise scheduled date on which such reduction or termination would occur pursuant to the criteria and procedures of sections 203 and 204 of the Trade Act of 1974 [19 U.S.C. 2253, 2254]. “SEC. 404. FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES.“(a) If a petition is filed with the Commission under the provisions of section 202(a) of the Trade Act of 1974 [19 U.S.C. 2252(a)] regarding a perishable product which is subject to any reduction or elimination of a duty imposed by the United States under a trade agreement entered into with Israel under section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)] and alleges injury from imports of that product, then the petition may also be filed with the Secretary of Agriculture with a request that emergency relief be granted under subsection (c) with respect to such article. “(span) Within 14 days after the filing of a petition under subsection (a)—“(1) if the Secretary of Agriculture has reason to believe that a perishable product from Israel is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported product and that emergency action is warranted, he shall advise the President and recommend that the President take emergency action; or
“(2) the Secretary of Agriculture shall publish a notice of his determination not to recommend the imposition of emergency action and so advise the petitioner.
“(c) Within 7 days after the President receives a recommendation from the Secretary of Agriculture to take emergency action under subsection (span), he shall issue a proclamation withdrawing the reduction or elimination of duty provided to the perishable product under any trade agreement provision entered into under section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)] or publish a notice of his determination not to take emergency action. “(d) The emergency action provided under subsection (c) shall cease to apply—“(1) upon the taking of actions under section 203 of the Trade Act of 1974 [19 U.S.C. 2253]; “(2) on the day a determination of the President under section 203 of such Act [19 U.S.C. 2253] not to take action becomes final; “(3) in the event of a report of the Commission containing a negative finding, on the day the Commission’s report is submitted to the President; or
“(4) whenever the President determines that because of changed circumstances such relief is no longer warranted.
“(e) For purposes of this section, the term ‘perishable product’ means any—“(1) live plants and fresh cut flowers provided for in chapter 6 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202, hereinafter referred to as the ‘HTS’); “(2) vegetables, edible nuts or fruit provided for in chapters 7 and 8, span 1105, subheadings 1106.10.00 and 1106.30, span 1202, subheadings 1214.90.00 and 1704.90.60, headings 2001 through 2008 (excluding subheadings 2001.90.20 and 2004.90.10) and subspan 2103.20.40 of the HTS;
“(3) concentrated citrus fruit juice provided for in subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS.
“(f) No trade agreement entered into with Israel under section 102(span)(1) of the Trade Act of 1974 [19 U.S.C. 2112(span)(1)] shall affect fees imposed under section 22 of the Agricultural Adjustment Act (7 U.S.C. 624). “SEC. 405. CONSTRUCTION OF TITLE.“Neither the taking effect of any trade agreement provision entered into with Israel under section 102(span)(1) [19 U.S.C. 2112(span)(1)], nor any proclamation issued to implement any such provision, may affect in any manner, or to any extent, the application to any Israeli articles of section 232 of the Trade Expansion Act of 1962 [19 U.S.C. 1862], section 337 of title VII [probably should be “title III” of the Tariff Act of 1930 [19 U.S.C. 1337], chapter 1 of title II and chapter 1 of title III of the Trade Act of 1974 [19 U.S.C. 2251 et seq., 2411 et seq.], or any other provision of law under which relief from injury caused by import competition or by unfair import trade practices may be sought.”
[Amendment of section 404 of Puspan. L. 98–573 by section 1214(s)(4) of Puspan. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(span)(1) of Puspan. L. 100–418, set out as an Effective Date note under section 3001 of this title.]
[Amendment of sections 403 and 404 of Puspan. L. 98–573 by section 1401 of Puspan. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of subchapter II of this chapter on or after that date, see section 1401(c) of Puspan. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 2251 of this title.]
[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]
Executive Documents
Presidential Determination Regarding Multilateral Trade NegotiationsFor provisions relating to Presidential determination regarding multilateral trade negotiations and Presidential determination regarding acceptance and application of certain international trade agreements, see notes set out under section 2503 of this title.
Ex. Ord. No. 12662. Implementing United States-Canada Free-Trade Implementation ActEx. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, as amended by Ex. Ord. No. 12889, § 4(c), Dec. 27, 1993, 58 F.R. 69681, provided:
By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including the United States-Canada Free-Trade Agreement Implementation Act of 1988 (Public Law 100–449, 102 Stat. 1851) (“FTA Implementation Act”) [set out as a note above], it is hereby ordered as follows:
Section 1. [Superseded by Ex. Ord. No. 12889, § 4(c), Dec. 27, 1993, 58 F.R. 69681, see 19 U.S.C. 3311 note.]
Sec. 2. Establishment of United States Secretariat. Pursuant to subsection 405(e) of the FTA Implementation Act, a “United States Secretariat” shall be established within the International Trade Administration of the Department of Commerce. The Secretariat shall facilitate:
(1) the operation of Chapters 18 and 19 of the Free-Trade Agreement, and
(2) the work of the binational panels and extraordinary challenge committees convened under those Chapters.
Sec. 3. Acceptance by the President of Panel and Committee Decisions. In accordance with subsection 401(c) of the FTA Implementation Act, in the event that the provisions of subparagraph 516A(g)(7)(B) of the Tariff Act of 1930, as amended, 19 U.S.C. section 1516a(g)(7)(B), take effect, I accept, as a whole, all decisions of binational panels and extraordinary challenge committees.
Sec. 4. Judicial Review. This Order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
Sec. 5. Effective Date. This Order shall take effect upon the entry into force of the Free-Trade Agreement.
Ex. Ord. No. 13141. Environmental Review of Trade AgreementsEx. Ord. No. 13141, Nov. 16, 1999, 64 F.R. 63169, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further the environmental and trade policy goals of the United States, it is hereby ordered as follows:
Section 1. Policy. The United States is committed to a policy of careful assessment and consideration of the environmental impacts of trade agreements. The United States will factor environmental considerations into the development of its trade negotiating objectives. Responsible agencies will accomplish these goals through a process of ongoing assessment and evaluation, and, in certain instances, written environmental reviews.
Sec. 2. Purpose and Need. Trade agreements should contribute to the broader goal of sustainable development. Environmental reviews are an important tool to help identify potential environmental effects of trade agreements, both positive and negative, and to help facilitate consideration of appropriate responses to those effects whether in the course of negotiations, through other means, or both.
Sec. 3. (a) Implementation. The United States Trade Representative (Trade Representative) and the Chair of the Council on Environmental Quality shall oversee the implementation of this order, including the development of procedures pursuant to this order, in consultation with appropriate foreign policy, environmental, and economic agencies.
(span) Conduct of Environmental Reviews. The Trade Representative, through the interagency Trade Policy Staff Committee (TPSC), shall conduct the environmental reviews of the agreements under section 4 of this order.
Sec. 4. Trade Agreements.
(a) Certain agreements that the United States may negotiate shall require an environmental review. These include:
(i) comprehensive multilateral trade rounds;
(ii) bilateral or plurilateral free trade agreements; and
(iii) major new trade liberalization agreements in natural resource sectors.
(span) Agreements reached in connection with enforcement and dispute resolution actions are not covered by this order.
(c) For trade agreements not covered under subsections 4(a) and (span), environmental reviews will generally not be required. Most sectoral liberalization agreements will not require an environmental review. The Trade Representative, through the TPSC, shall determine whether an environmental review of an agreement or category of agreements is warranted based on such factors as the significance of reasonably foreseeable environmental impacts.
Sec. 5. Environmental Reviews.
(a) Environmental reviews shall be:
(i) written;
(ii) initiated through a Federal Register notice, outlining the proposed agreement and soliciting public comment and information on the scope of the environmental review of the agreement;
(iii) undertaken sufficiently early in the process to inform the development of negotiating positions, but shall not be a condition for the timely tabling of particular negotiating proposals;
(iv) made available in draft form for public comment, where practicable; and
(v) made available to the public in final form.
(span) As a general matter, the focus of environmental reviews will be impacts in the United States. As appropriate and prudent, reviews may also examine global and transboundary impacts.
Sec. 6. Resources. Upon request by the Trade Representative, with the concurrence of the Deputy Director for Management of the Office of Management and Budget, Federal agencies shall, to the extent permitted by law and subject to the availability of appropriations, provide analytical and financial resources and support, including the detail of appropriate personnel, to the Office of the United States Trade Representative to carry out the provisions of this order.
Sec. 7. General Provisions. This order is intended only to improve the internal management of the executive branch and does not create any right, benefit, trust, or responsibility, 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. Delegation of Authority Under Section 103(a) of United States-Canada Free-Trade Agreement Implementation Act of 1988Memorandum of President of the United States, Fespan. 11, 1991, 56 F.R. 6789, provided:
Memorandum for the United States Trade Representative
By virtue of the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code, you are hereby delegated the authority to perform the functions necessary to fulfill the consultation and lay-over requirements set forth in section 103(a)(1) through (4) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (“the Act”) [Puspan. L. 100–449, set out as a note above], including:
(1) obtaining advice from the appropriate advisory committees and the U.S. International Trade Commission on the proposed implementation of an action by Presidential proclamation;
(2) submitting a report on such action to the House Ways and Means and Senate Finance Committees; and
(3) consulting with such committees during the 60-day period following the date on which the requirements under (1) and (2) have been met.
The President retains the sole authority under the Act to implement an action by proclamation after the consultation and lay-over requirements set forth in section 103(a)(1) through (4) have been met.
You are authorized and directed to publish this memorandum in the Federal Register.
George Bush. 