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19 U.S.C. § 2114d — Provisions relating to international trade in services

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2114d — Provisions relating to international trade in services

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Source file: Laws/federal/codes/united-states-code/title-19/section-2114d-provisions-relating-to-international-trade-in-services--39ad3a74e4.md
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Source location: Title 19, Chapter 12, § 2114d; chapter-012-trade-act-of-1974.md

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(1) The Secretary of Commerce shall establish a service industries development program designed to— (A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce; (B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but not limited to, data on trade, both aggregate and pertaining to individual service industries; (C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to— (i) policies of foreign governments toward foreign and United States service industries; (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade; (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector; (iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports; (v) treatment of services under international agreements of the United States; (vi) antitrust policies as such policies affect the competitiveness of United States firms; and (vii) treatment of services in international agreements of the United States; (D) conduct a program of research and analysis of service-related issues and problems, including forecasts and industrial strategies; and (E) conduct sectoral studies of domestic service industries. (2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services. (3) On not less than a biennial basis beginning in 1986, the Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report. (4) The Secretary of Commerce shall carry out the provisions of this subsection from funds otherwise made available to him which may be used for such purposes. (5) For purposes of this section, the term “services” means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transportation, postal and delivery services, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertainment, education, health care, and tourism.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3101 — Congressional statement of findings and declaration of purpose

**(a) Findings** The Congress finds and declares that— (1) the United States Government is presently authorized to collect limited amounts of information on United States investment abroad and foreign investment in the United States; (2) international investment has increased rapidly within recent years; (3) such investment significantly affects the economies of the United States and other nations; (4) international efforts to obtain information on the activities of multinational enterprises and other international investors have accelerated recently; (5) the potential consequences of international investment cannot be evaluated accurately because the United States Government lacks sufficient information on such investment and its actual or possible effects on the national security, commerce, employment, inflation, general welfare, and foreign policy of the United States; (6) accurate and comprehensive information on international investment is needed by the Congress to develop an informed United States policy on such investment; (7) United States service industries engaged in interstate and foreign commerce account for a substantial part of the labor force and gross national product of the United States economy, and such commerce is rapidly increasing; (8) international trade and services is an important issue for international negotiations and deserves priority in the attention of governments, international agencies, negotiators, and the private sector; and (9) existing estimates of international investment and trade in services, collected under existing legal authority, are limited in scope and are based on outdated statistical bases, reports, and information which are insufficient for policy formulation and decisionmaking. **(b) Purpose** It is therefore t

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2114c — Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products

**(a) Trade in services** (1) **In general** — Principal United States negotiating objectives under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim) shall be— (A) to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and (B) to develop internationally agreed rules, including dispute settlement procedures, which— (i) are consistent with the commercial policies of the United States, and (ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in services. (2) **Domestic objectives** — In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto. **(b) Foreign direct investment** (1) **In general** — Principal United States negotiating objectives under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim) shall be— (A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and (B) to develop internationally agreed rules, including dispute settlement procedures, which— (i) will help ensure a f

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2114 — Barriers to and other distortions of trade

**(a) Congressional findings; directives; disavowal of prior approval of legislation** The Congress finds that barriers to (and other distortions of) international trade are reducing the growth of foreign markets for the products of United States agriculture, industry, mining, and commerce, diminishing the intended mutual benefits of reciprocal trade concessions, adversely affecting the United States economy, preventing fair and equitable access to supplies, and preventing the development of open and nondiscriminatory trade among nations. The President is urged to take all appropriate and feasible steps within his power (including the full exercise of the rights of the United States under international agreements) to harmonize, reduce, or eliminate such barriers to (and other distortions of) international trade. The President is further urged to utilize the authority granted by subsection (b) to negotiate trade agreements with other countries and instrumentalities providing on a basis of mutuality for the harmonization, reduction, or elimination of such barriers to (and other distortions of) international trade. Nothing in this subsection shall be construed as prior approval of any legislation which may be necessary to implement an agreement concerning barriers to (or other distortions of) international trade. **(b) Presidential determinations prerequisite to entry into trade agreements; trade with Israel** (1) Whenever the President determines that any barriers to (or other distortions of) international trade of any foreign country or the United States unduly burden and restrict the foreign trade of the United States or adversely affect the United States economy, or that the imposition of such barriers is likely to result in such a burden, restriction, or effect, and

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2114d — Foreign export requirements; consulta-

Page 513 TITLE 19—CUSTOMS DUTIES § 2115 (Pub. L. 98–573, title III, § 306(c)(1), (2)(A), Oct. 30, 1984, 98 Stat. 3010, 3011.) Editorial Notes REFERENCES IN TEXT This Act, referred to in par. (1)(A), is Pub. L. 98–573, Oct. 30, 1984, 98 Stat. 2984, known as the Trade and Tar- iff Act of 1984. For classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1654 of this title and Tables. CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (c)(1), (2)(A) of section 306 of Pub. L. 98–573. Subsec. (a) of such section is clas- sified to section 2114(b) of this title; subsec. (b) of such section amended sections 3101, 3103, and 3104 and a pro- vision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘services’’ as used in this section, see par. (5) of section 2114b of this title. § 2114d. Foreign export requirements; consulta- tions and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable (1) If the United States Trade Representative, with the advice of the committee established by section 1872 of this title, determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that ad- versely affect the economic interes

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