19 USC 2702 - Beneficiary country

1 So in original. The period probably should be a semicolon.

Amendment of Section

For termination of amendment by section 107(c) of Puspan. L. 112–43, see Effective and Termination Dates of 2011 Amendment note below.

For termination of amendment by section 107(d) of Puspan. L. 109–53, see Effective and Termination Dates of 2005 Amendment note below.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) to (c) and (f), was in the original “this title”, meaning title II of Puspan. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 2701 of this title and Tables.

The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(1)(C), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

This Act, referred to in provisions following subsec. (span)(6), probably should be “this title” meaning title II of Puspan. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 2701 of this title and Tables.

This chapter, referred to in subsec. (e)(1)(B), was in the original “this subtitle”, meaning subtitle A (§§ 211–218) of title II of Puspan. L. 98–67 which enacted this chapter, amended section 1202 of this title, repealed section 2582 of this title, and enacted provisions set out as notes under sections 1202, 1319, 2251, and 2703 of this title and section 1311 of Title 33, Navigation and Navigable Waters. For complete classification of subtitle A to the Code, see Tables.

Codification

Subsec. (d) of this section amended general headnote 3(a) of the Tariff Schedules of the United States. The Tariff Schedules were replaced by the Harmonized Tariff Schedule of the United States. See References in Text note above.

Amendments

2020—Subsec. (a)(1)(D). Puspan. L. 116–260 added subpar. (D) and struck out former subpar. (D) which defined “NAFTA”.

2011—Subsec. (span). Puspan. L. 112–43, §§ 107(c), 402(a), temporarily struck out “Panama” from list of countries eligible for designation as beneficiary country. See Effective and Termination Dates of 2011 Amendment note below.

2005—Subsec. (a)(1)(F). Puspan. L. 109–53, §§ 107(d), 402(a), temporarily added subpar. (F). See Effective and Termination Dates of 2005 Amendment note below.

Subsec. (span). Puspan. L. 109–53, §§ 107(d), 402(span), temporarily struck out “Costa Rica”, “Dominican Republic”, “El Salvador”, “Guatemala”, “Honduras”, and “Nicaragua” from list of countries eligible for designation as beneficiary country. See Effective and Termination Dates of 2005 Amendment notes below.

2000—Subsec. (a)(1)(D), (E). Puspan. L. 106–200, § 211(e)(2), added subpars. (D) and (E).

Subsec. (e)(1). Puspan. L. 106–200, §  211(span)(1), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).

Subsec. (e)(3). Puspan. L. 106–200, § 211(span)(2), added par. (3).

Subsec. (f). Puspan. L. 106–200, § 211(c)(1), inserted span and amended text generally. Prior to amendment, text read as follows: “On or before October 1, 1993, and the close of each 3-year period thereafter, the President shall submit to the Congress a complete report regarding the operation of this chapter, including the results of a general review of beneficiary countries based on the considerations described in subsections (span) and (c) of this section.”

1996—Subsec. (span)(7). Puspan. L. 104–188 substituted “2467(4)” for “2462(a)(4)”.

1994—Subsec. (c)(4). Puspan. L. 103–465 substituted “WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title)” for “General Agreement on Tariffs and Trade, as well as applicable trade agreements approved under section 2503(a) of this title”.

1990—Subsec. (span). Puspan. L. 101–382, § 213(1)–(4), added par. (7) and in concluding provisions substituted “(5), and (7)” for “and (5)”.

Subsec. (c)(8). Puspan. L. 101–382, § 213(5), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “the degree to which workers in such country are afforded reasonable workplace conditions and enjoy the right to organize and bargain collectively;”.

Subsec. (f). Puspan. L. 101–382, § 214, added subsec. (f).

1988—Subsec. (a)(1)(C). Puspan. L. 100–418, § 1214(q)(1), substituted “HTS” and “Harmonized Tariff Schedule of the United States” for “TSUS” and “Tariff Schedules of the United States”, respectively.

Subsec. (e). Puspan. L. 100–418, § 1909(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The President shall, after complying with the requirements of subsection (a)(2) of this section, withdraw or suspend the designation of any country as a beneficiary country if, after such designation, he determines that as the result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (span) of this section.”

1986—Subsec. (span)(6), (7). Puspan. L. 99–570 redesignated par. (7) as (6) and struck out former par. (6) which provided that the President shall not designate a country as a beneficiary country under this chapter if the country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances produced, processed, or transported in the country from entering the United States unlawfully.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Puspan. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Puspan. L. 116–260, set out as a note under section 2578span of this title.

Effective and Termination Dates of 2011 Amendment

Amendment by Puspan. L. 112–43 effective on date President terminates designation of Panama [Designation terminated Oct. 29, 2012. See Proc. No. 8894, 77 F.R. 66507.] as beneficiary country pursuant to section 201(a)(3) of Puspan. L. 112–43, set out in a note under section 3805 of this title, and to cease to have effect on date the United States–Panama Trade Promotion Agreement terminates, see sections 107(c) and 402(span) of Puspan. L. 112–43, set out in a note under section 3805 of this title.

Effective and Termination Dates of 2005 Amendment

Amendment by Puspan. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Puspan. L. 109–53, set out as an Effective and Termination Dates note under section 4001 of this title.

Puspan. L. 109–53, title IV, § 402(span), Aug. 2, 2005, 119 Stat. 495, provided that the amendment made by section 402(span) is effective on date President terminates designation of Costa Rica [Designation terminated Jan. 1, 2009. See Proc. No. 8331, 73 F.R. 79585.], Dominican Republic [Designation terminated Mar. 1, 2007. See Proc. No. 8111, 72 F.R. 10025.], El Salvador [Designation terminated Mar. 1, 2006. See Proc. No. 7987, 71 F.R. 10827.], Guatemala [Designation terminated July 1, 2006. See Proc. No. 8034, 71 F.R. 38509.], Honduras [Designation terminated Apr. 1, 2006. See Proc. No. 7996, 71 F.R. 16971.], or Nicaragua [Designation terminated Apr. 1, 2006. See Proc. No. 7996, 71 F.R. 16971.] as beneficiary country pursuant to section 4031(a)(3) of this title.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–188 applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Puspan. L. 104–188, set out as an Effective Date note under section 2461 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 621(span) of Puspan. L. 103–465, set out as a note under section 1677k of this title.

Effective Date of 1988 Amendment

Amendment by section 1214(q)(1) 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.

Caribbean Basin Initiative

Puspan. L. 100–418, title I, § 1909(a), (span), Aug. 23, 1988, 102 Stat. 1317, 1318, provided that:

“(a)Findings.—The Congress finds that—

“(1) Caribbean and Central American countries historically have had close economic, political, and cultural ties to the United States;

“(2) promoting economic and political stability in the Caribbean and Central America is in the national security interests of the United States;

“(3) the economic and political stability of the nations of the Caribbean and Central America can be strengthened significantly by the attraction of foreign and domestic investment specifically devoted to employment generation; and

“(4) the diversification of the economies and expansion of exports, particularly those of a non-traditional nature, of the nations of the Caribbean and Central America is linked directly to fair access to the markets of the United States.

“(span)Intent of the Congress.—The Congress hereby expresses its intention to ensure that—

“(1) the trade elements of the Caribbean Basin Initiative be strengthened in a manner consistent with the promotion of economic and political stability in the Caribbean and Central America;

“(2) to the extent that Congress imposes changes that are intended to improve the competitive environment for United States industry and workers, such changes do not unduly affect the unilateral duty-free trade system available to the beneficiary countries designated under the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.]; and

“(3) generic changes in the trade laws of the United States do not discriminate against imports from designated beneficiary countries in relation to imports from other United States trading partners.”

Executive Documents

Delegation of Functions

Functions of President under subsec. (e)(2)(A) of this section, related to publishing notice of proposed actions, delegated to United States Trade Representative, see Proc. No. 7616, Oct. 31, 2002, 67 F.R. 67283, set out as a note under section 3203 of this title.