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19 U.S.C. § 2902 — Trade agreement negotiating authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements regarding tariff barriers**
(1) Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, and objectives of this title will be promoted thereby, the President—
(A) before June 1, 1993, may enter into trade agreements with foreign countries; and
(B) may, subject to paragraphs (2) through (5), proclaim—
(i) such modification or continuance of any existing duty,
(ii) such continuance of existing duty-free or excise treatment, or
(iii) such additional duties;
as he determines to be required or appropriate to carry out any such trade agreement.
(2) No proclamation may be made under subsection (a) that—
(A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 23, 1988) to a rate which is less than 50 percent of the rate of such duty that applies on August 23, 1988; or
(B) increases any rate of duty above the rate that applies on August 23, 1988.
(3)
(A) Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed in paragraph (1) to carry out such agreement with respect to such article.
(B) No staging under subparagraph (A) is required with respect to a rate reduction that is proclaimed u
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Source file: Laws/federal/codes/united-states-code/title-19/section-2902-trade-agreement-negotiating-authority--7f6da6341c.md
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Source location: Title 19, Chapter 17, § 2902; chapter-017-negotiation-and-implementation-of-trade-agreements.md
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**(a) Agreements regarding tariff barriers**
(1) Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, and objectives of this title will be promoted thereby, the President—
(A) before June 1, 1993, may enter into trade agreements with foreign countries; and
(B) may, subject to paragraphs (2) through (5), proclaim—
(i) such modification or continuance of any existing duty,
(ii) such continuance of existing duty-free or excise treatment, or
(iii) such additional duties;
as he determines to be required or appropriate to carry out any such trade agreement.
(2) No proclamation may be made under subsection (a) that—
(A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 23, 1988) to a rate which is less than 50 percent of the rate of such duty that applies on August 23, 1988; or
(B) increases any rate of duty above the rate that applies on August 23, 1988.
(3)
(A) Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed in paragraph (1) to carry out such agreement with respect to such article.
(B) No staging under subparagraph (A) is required with respect to a rate reduction that is proclaimed under paragraph (1) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this subparagraph.
(4) If the President determines that such action will simplify the computation of reductions under paragraph (3), the President may round an annual reduction by the lesser of—
(A) the difference between the reduction without regard to this paragraph and the next lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) No reduction in a rate of duty under a trade agreement entered into under subsection (a) on any article may take effect more than 10 years after the effective date of the first reduction under paragraph (1) that is proclaimed to carry out the trade agreement with respect to such article.
(6) A rate of duty reduction or increase that may not be proclaimed by reason of paragraph (2) may take effect only if a provision authorizing such reduction or increase is included within an implementing bill provided for under [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903&num=0&edition=prelim) and that bill is enacted into law.
**(b) Agreements regarding nontariff barriers**
(1) Whenever the President determines that any barrier to, or other distortion of, international trade—
(A) unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy; or
(B) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect;
and that the purposes, policies, and objectives of this title will be promoted thereby, the President may, before June 1, 1993, enter into a trade agreement with foreign countries providing for—
(i) the reduction or elimination of such barrier or other distortion; or
(ii) the prohibition of, or limitations on the imposition of, such barrier or other distortion.
(2) A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in [section 2901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2901&num=0&edition=prelim).
**(c) Bilateral agreements regarding tariff and nontariff barriers**
(1) Before June 1, 1993, the President may enter into bilateral trade agreements with foreign countries that provide for the elimination or reduction of any duty imposed by the United States. A trade agreement entered into under this paragraph may also provide for the reduction or elimination of barriers to, or other distortions of, the international trade of the foreign country or the United States.
(2) Notwithstanding any other provision of law, no trade benefit shall be extended to any country by reason of the extension of any trade benefit to another country under a trade agreement entered into under paragraph (1) with such other country.
(3) A trade agreement may be entered into under paragraph (1) with any foreign country only if—
(A) the agreement makes progress in meeting the applicable objectives described in [section 2901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2901&num=0&edition=prelim);
(B) such foreign country requests the negotiation of such an agreement; and
(C) the President, at least 60 days before the date notice is provided under [section 2903(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903/a/1/A&num=0&edition=prelim)—
(i) provides written notice of such negotiations to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, and
(ii) consults with such committees regarding the negotiation of such agreement.
(4) The 60-day period of time described in paragraph (3)(C) shall be computed in accordance with [section 2903(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903/e&num=0&edition=prelim).
(5) In any case in which there is an inconsistency between any provision of this Act and any bilateral free trade area agreement that entered into force and effect with respect to the United States before January 1, 1987, the provision shall not apply with respect to the foreign country that is party to that agreement.
**(d) Consultation with Congress before agreements entered into**
(1) Before the President enters into any trade agreement under subsection (b) or (c), the President shall consult with—
(A) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; and
(B) each other committee of the House and the Senate, and each joint committee of the Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement.
(2) The consultation under paragraph (1) shall include—
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the applicable purposes, policies, and objectives of this title; and
(C) all matters relating to the implementation of the agreement under [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903&num=0&edition=prelim).
(3) If it is proposed to implement two or more trade agreements in a single implementing bill under [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903&num=0&edition=prelim), the consultation under paragraph (1) shall include the desirability and feasibility of such proposed implementation.
**(e) Special provisions regarding Uruguay Round trade negotiations**
(1) **In general** — Notwithstanding the time limitations in subsections (a) and (b), if the Uruguay Round of multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade has not resulted in trade agreements by May 31, 1993, the President may, during the period after May 31, 1993, and before April 16, 1994, enter into, under subsections (a) and (b) of this section, trade agreements resulting from such negotiations.
(2) **Application of tariff proclamation authority** — No proclamation under subsection (a) to carry out the provisions regarding tariff barriers of a trade agreement that is entered into pursuant to paragraph (1) may take effect before the effective date of a bill that implements the provisions regarding nontariff barriers of a trade agreement that is entered into under such paragraph.
(3) **Application of implementing and “fast track” procedures** — [Section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903&num=0&edition=prelim) applies to any trade agreement negotiated under subsection (b) pursuant to paragraph (1), except that—
(A) in applying subsection (a)(1)(A) of [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903&num=0&edition=prelim) to any such agreement, the phrase “at least 120 calendar days before the day on which he enters into the trade agreement (but not later than December 15, 1993),” shall be substituted for the phrase “at least 90 calendar days before the day on which he enters into the trade agreement,”; and
(B) no provision of subsection (b) of [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903&num=0&edition=prelim) other than paragraph (1)(A) applies to any such agreement and in applying such paragraph, “April 16, 1994;” shall be substituted for “June 1, 1991;”.
(4) **Advisory committee reports** — The report required under [section 2155(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155/e/1&num=0&edition=prelim) regarding any trade agreement provided for under paragraph (1) shall be provided to the President, the Congress, and the United States Trade Representative not later than 30 days after the date on which the President notifies the Congress under [section 2903(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2903/a/1/A&num=0&edition=prelim) of his intention to enter into the agreement (but before January 15, 1994).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Overall trade negotiating objectives** The overall trade negotiating objectives of the United States are to obtain—
(1) more open, equitable, and reciprocal market access;
(2) the reduction or elimination of barriers and other trade-distorting policies and practices; and
(3) a more effective system of international trading disciplines and procedures.
**(b) Principal trade negotiating objectives**
(1) **Dispute settlement** — The principal negotiating objectives of the United States with respect to dispute settlement are—
(A) to provide for more effective and expeditious dispute settlement mechanisms and procedures; and
(B) to ensure that such mechanisms within the GATT and GATT agreements provide for more effective and expeditious resolution of disputes and enable better enforcement of United States rights.
(2) **Improvement of the GATT and multilateral trade negotiation agreements** — The principal negotiating objectives of the United States regarding the improvement of GATT and multilateral trade negotiation agreements are—
(A) to enhance the status of the GATT;
(B) to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and
(C) to expand country participation in particular agreements or arrangements, where appropriate.
(3) **Transparency** — The principal negotiating objective of the United States regarding transparency is to obtain broader application of the principle of transparency and clarification of the costs and benefits of trade policy actions through the observance of open and equitable procedures in trade matters by Contracting Parties to the GATT.
(4) **Developing countries** — The principal negotiating objectives of
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Any agreement entered into under section 2902(b) or (c) of this title shall enter into force with respect to the United States if (and only if)—
(A) the President, at least 90 calendar days before the day on which he enters into the trade agreement, notifies the House of Representatives and the Senate of his intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register;
(B) after entering into the agreement, the President submits a document to the House of Representatives and to the Senate containing a copy of the final legal text of the agreement, together with—
(i) a draft of an implementing bill,
(ii) a statement of any administrative action proposed to implement the trade agreement, and
(iii) the supporting information described in paragraph (2); and
(C) the implementing bill is enacted into law.
(2) The supporting information required under paragraph (1)(B)(iii) consists of—
(A) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and
(B) a statement—
(i) asserting that the agreement makes progress in achieving the applicable purposes, policies, and objectives of this title,
(ii) setting forth the reasons of the President regarding—
(I) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in clause (i), and why and to what extent the agreement does not achieve other applicable purposes, policies, and objectives,
(II) how the agreement serves the interests of United States commerce, and
(III) why the implementing bill and proposed administrative action is required or appropriate to carr
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2903
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restrictions on All Officers and Employees of the Executive Branch and Certain Other Agencies.—**
(1) **Permanent restrictions on representation on particular matters.—** — Any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including any independent agency of the United States), or of the District of Columbia, and who, after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia) in connection with a particular matter—
(A) in which the United States or the District of Columbia is a party or has a direct and substantial interest,
(B) in which the person participated personally and substantially as such officer or employee, and
(C) which involved a specific party or specific parties at the time of such participation,
(2) **Two-year restrictions concerning particular matters under official responsibility.—** — Any person subject to the restrictions contained in paragraph (1) who, within 2 years after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia), in connection with a particular matter—
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 207
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Federal law — U.S. Code and appendices · legal_authorities
**(a) New concessions** Whenever—
(1) any action taken under part 1 of subchapter II or subchapter III, or under part 2 of subchapter IV of this chapter; or
(2) any judicial or administrative tariff reclassification that becomes final after August 23, 1988;
increases or imposes any duty or other import restriction, the President—
(A) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and
(B) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.
**(b) Reductions in rates of duty**
(1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.
(2) Where the rate of duty in effect at any time is an intermediate stage under [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prelim), the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under such [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prelim) by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under such [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2135
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lists of articles which may be considered for action**
(1) In connection with any proposed trade agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or subsection (a) or (b) of [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the “Commission”) with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or additional duties. In the case of any article with respect to which consideration may be given to reducing or increasing the rate of duty, the list shall specify the provision of this subchapter under which such consideration may be given.
(2) In connection with any proposed trade agreement under [section 4202(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202/b&num=0&edition=prelim), the President may from time to time publish and furnish the Commission with lists of nontariff matters which may be considered for modification.
**(b) Advice to President by Commission** Within 6 months after receipt of a list under subsection (a) or, in the case of a list submitted in connection with a trade agreement, within 90 days after receipt of such list, the Commission shall advise the President, with respect to each article or nontariff matter, of its judgment as to the probable economic effect of modification of the tariff or nontariff measure on industries producing like or directly competitive articles and on
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2153
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Federal law — U.S. Code and appendices · legal_authorities
Before any trade agreement is entered into under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem appropriate. Such advice shall be prepared and presented consistent with the provisions of Reorganization Plan Number 3 of 1979, Executive Order Number 12188 and [section 2171(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2154
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Opportunity for presentation of views** In connection with any proposed trade agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under [section 2151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151&num=0&edition=prelim), any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities.
**(b) Summary of hearings** The organization holding such hearing shall furnish the President with a summary thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2155
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any negotiation seeking an agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President may make a formal offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restrictions, or other barrier to (or other distortion of) international trade including trade in services, foreign direct investment and intellectual property as covered by this subchapter, with respect to any article or matter only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2153&num=0&edition=prelim). In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under [section 2151(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/a&num=0&edition=prelim), only after he has received advice concerning such article from the Commission under [section 2151(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/b&num=0&edition=prelim), or after the expiration of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2171
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The President shall seek information and advice from representative elements of the private sector and the non-Federal governmental sector with respect to—
(A) negotiating objectives and bargaining positions before entering into a trade agreement under this subchapter or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim);
(B) the operation of any trade agreement once entered into, including preparation for dispute settlement panel proceedings to which the United States is a party; and
(C) other matters arising in connection with the development, implementation, and administration of the trade policy of the United States, including those matters referred to in Reorganization Plan Number 3 of 1979 and Executive Order Numbered 12188, and the priorities for actions thereunder.
To the maximum extent feasible, such information and advice on negotiating objectives shall be sought and considered before the commencement of negotiations.
(2) The President shall consult with representative elements of the private sector and the non-Federal governmental sector on the overall current trade policy of the United States. The consultations shall include, but are not limited to, the following elements of such policy:
(A) The principal multilateral and bilateral trade negotiating objectives and the progress being made toward their achievement.
(B) The implementation, operation, and effectiveness of recently concluded multilateral and bilateral trade agreements and resolution of trade disputes.
(C) The actions taken under the trade laws of the United States and the effectiveness of such actions in achieving trade policy objectives.
(D) Important developments in o
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2191
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of copy and reasons** As soon as practicable after a trade agreement entered into under section 2133 or 2134 of this title or under [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim) has entered into force with respect to the United States, the President shall, if he has not previously done so, transmit a copy of such trade agreement to each House of the Congress together with a statement, in the light of the advice of the International Trade Commission under [section 2151(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/b&num=0&edition=prelim), if any, and of other relevant considerations, of his reasons for entering into the agreement.
**(b) Submission to each member** The President shall transmit to each Member of the Congress a summary of the information required to be transmitted to each House under subsection (a). For purposes of this subsection, the term “Member” includes any Delegate or Resident Commissioner.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2231
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