19 U.S.C. § 2411 — Actions by United States Trade Rep-

Page 659 TITLE 19—CUSTOMS DUTIES § 2411 ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–89 effective Oct. 1, 2007, see section 1(e) of Pub. L. 110–89, set out as a note under section 2317 of this title. TERMINATION DATE Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. APPLICATION OF SUBSECTION (a) Subsection (a) of this section to be applied and ad- ministered by substituting ‘‘the 1-year period begin- ning on July 1, 2021’’ for ‘‘each of the fiscal years’’ and all that follows through ‘‘October 1, 2007’’, see section 406(a)(6) of Pub. L. 114–27, set out in an Effective and Termination Dates of 2015 Revival note preceding sec- tion 2271 of this title. SUBCHAPTER III—ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CER- TAIN FOREIGN TRADE PRACTICES § 2411. Actions by United States Trade Rep- resentative (a) Mandatory action (1) If the United States Trade Representative determines under section 2414(a)(1) of this title that— (A) the rights of the United States under any trade agreement are being denied; or (B) an act, policy, or practice of a foreign country— (i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agree- ment, or (ii) is unjustifiable and burdens or re- stricts United States commerce; the Trade Representative shall take action au- thorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this sub- section, to enforce such rights or to obtain the elimination of such act, policy, or practice. Ac- tions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country. (2) The Trade Representative is not required to take action under paragraph (1) in any case in which— (A) the Dispute Settlement Body (as defined in section 3531(5) of this title) has adopted a report, or a ruling issued under the formal dis- pute settlement proceeding provided under any other trade agreement finds, that— (i) the rights of the United States under a trade agreement are not being denied, or (ii) the act, policy, or practice— (I) is not a violation of, or inconsistent with, the rights of the United States, or (II) does not deny, nullify, or impair ben- efits to the United States under any trade agreement; or (B) the Trade Representative finds that— (i) the foreign country is taking satisfac- tory measures to grant the rights of the United States under a trade agreement, (ii) the foreign country has— (I) agreed to eliminate or phase out the act, policy, or practice, or (II) agreed to an imminent solution to the burden or restriction on United States commerce that is satisfactory to the Trade Representative, (iii) it is impossible for the foreign country to achieve the results described in clause (i) or (ii), as appropriate, but the foreign coun- try agrees to provide to the United States compensatory trade benefits that are satis- factory to the Trade Representative, (iv) in extraordinary cases, where the tak- ing of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into ac- count the impact of not taking such action on the credibility of the provisions of this subchapter, or (v) the taking of action under this sub- section would cause serious harm to the na- tional security of the United States. (3) Any action taken under paragraph (1) to eliminate an act, policy, or practice shall be de- vised so as to affect goods or services of the for- eign country in an amount that is equivalent in value to the burden or restriction being imposed by that country on United States commerce. (b) Discretionary action If the Trade Representative determines under section 2414(a)(1) of this title that— (1) an act, policy, or practice of a foreign country is unreasonable or discriminatory and burdens or restricts United States commerce, and (2) action by the United States is appro- priate, the Trade Representative shall take all appropriate and feasible action authorized under subsection (c), subject to the specific di- rection, if any, of the President regarding any such action, and all other appropriate and fea- sible action within the power of the President that the President may direct the Trade Rep- resentative to take under this subsection, to obtain the elimination of that act, policy, or practice. Actions may be taken that are with- in the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country. (c) Scope of authority (1) For purposes of carrying out the provisions of subsection (a) or (b) or section 2416(c) of this Page 660 TITLE 19—CUSTOMS DUTIES § 2411 title, the Trade Representative is authorized to— (A) suspend, withdraw, or prevent the appli- cation of, benefits of trade agreement conces- sions to carry out a trade agreement with the foreign country referred to in such subsection; (B) impose duties or other import restric- tions on the goods of, and, notwithstanding any other provision of law, fees or restrictions on the services of, such foreign country for such time as the Trade Representative deter- mines appropriate; (C) in a case in which the act, policy, or practice also fails to meet the eligibility cri- teria for receiving duty-free treatment under subsections (b) and (c) of section 2462 of this title, subsections (b) and (c) of section 2702 of this title, or subsections (c) and (d) of section 3202 of this title, withdraw, limit, or suspend such treatment under such provisions, not- withstanding the provisions of subsection (a)(3) of this section; or (D) enter into binding agreements with such foreign country that commit such foreign country to— (i) eliminate, or phase out, the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), (ii) eliminate any burden or restriction on United States commerce resulting from such act, policy, or practice, or (iii) provide the United States with com- pensatory trade benefits that— (I) are satisfactory to the Trade Rep- resentative, and (II) meet the requirements of paragraph (4). (2)(A) Notwithstanding any other provision of law governing any service sector access author- ization, and in addition to the authority con- ferred in paragraph (1), the Trade Representa- tive may, for purposes of carrying out the provi- sions of subsection (a) or (b)— (i) restrict, in the manner and to the extent the Trade Representative determines appro- priate, the terms and conditions of any such authorization, or (ii) deny the issuance of any such authoriza- tion. (B) Actions described in subparagraph (A) may only be taken under this section with respect to service sector access authorizations granted, or applications therefor pending, on or after the date on which— (i) a petition is filed under section 2412(a) of this title, or (ii) a determination to initiate an investiga- tion is made by the Trade Representative under section 2412(b) of this title. (C) Before the Trade Representative takes any action under this section involving the imposi- tion of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to reg- ulation by any agency of the Federal Govern- ment or of any State, consult, as appropriate, with the head of the agency concerned. (3) The actions the Trade Representative is au- thorized to take under subsection (a) or (b) may be taken against any goods or economic sector— (A) on a nondiscriminatory basis or solely against the foreign country described in such subsection, and (B) without regard to whether or not such goods or economic sector were involved in the act, policy, or practice that is the subject of such action. (4) Any trade agreement described in para- graph (1)(D)(iii) shall provide compensatory trade benefits that benefit the economic sector which includes the domestic industry that would benefit from the elimination of the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), or benefit the economic sector as closely related as possible to such economic sector, unless— (A) the provision of such trade benefits is not feasible, or (B) trade benefits that benefit any other eco- nomic sector would be more satisfactory than such trade benefits. (5) If the Trade Representative determines that actions to be taken under subsection (a) or (b) are to be in the form of import restrictions, the Trade Representative shall— (A) give preference to the imposition of du- ties over the imposition of other import re- strictions, and (B) if an import restriction other than a duty is imposed, consider substituting, on an incremental basis, an equivalent duty for such other import restriction. (6) Any action taken by the Trade Representa- tive under this section with respect to export targeting shall, to the extent possible, reflect the full benefit level of the export targeting to the beneficiary over the period during which the action taken has an effect. (d) Definitions and special rules For purposes of this subchapter— (1) The term ‘‘commerce’’ includes, but is not limited to— (A) services (including transfers of infor- mation) associated with international trade, whether or not such services are related to specific goods, and (B) foreign direct investment by United States persons with implications for trade in goods or services. (2) An act, policy, or practice of a foreign country that burdens or restricts United States commerce may include the provision, directly or indirectly, by that foreign country of subsidies for the construction of vessels used in the commercial transportation by water of goods between foreign countries and the United States. (3)(A) An act, policy, or practice is unreason- able if the act, policy, or practice, while not necessarily in violation of, or inconsistent with, the international legal rights of the United States, is otherwise unfair and inequi- table. (B) Acts, policies, and practices that are un- reasonable include, but are not limited to, any act, policy, or practice, or any combination of acts, policies, or practices, which— (i) denies fair and equitable— (I) opportunities for the establishment of an enterprise, Page 661 TITLE 19—CUSTOMS DUTIES § 2411 1 See References in Text note below. (II) provision of adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title, (III) nondiscriminatory market access opportunities for United States persons that rely upon intellectual property pro- tection, or (IV) market opportunities, including the toleration by a foreign government of sys- tematic anticompetitive activities by en- terprises or among enterprises in the for- eign country that have the effect of re- stricting, on a basis that is inconsistent with commercial considerations, access of United States goods or services to a for- eign market, (ii) constitutes export targeting, (iii) constitutes a persistent pattern of conduct that— (I) denies workers the right of associa- tion, (II) denies workers the right to organize and bargain collectively, (III) permits any form of forced or com- pulsory labor, (IV) fails to provide a minimum age for the employment of children, or (V) fails to provide standards for min- imum wages, hours of work, and occupa- tional safety and health of workers, or (iv) constitutes a persistent pattern of conduct by the government of a foreign country under which that government fails to effectively enforce commitments under agreements to which the foreign country and the United States are parties, including with respect to trade in goods, trade in services, trade in agriculture, foreign investment, in- tellectual property, digital trade in goods and services and cross-border data flows, regulatory practices, state-owned and state- controlled enterprises, localization barriers to trade, labor and the environment, anticorruption, trade remedy laws, textiles, and commercial partnerships. (C)(i) Acts, policies, and practices of a for- eign country described in subparagraph (B)(iii) shall not be treated as being unreasonable if the Trade Representative determines that— (I) the foreign country has taken, or is taking, actions that demonstrate a signifi- cant and tangible overall advancement in providing throughout the foreign country (including any designated zone within the foreign country) the rights and other stand- ards described in the subclauses of subpara- graph (B)(iii), or (II) such acts, policies, and practices are not inconsistent with the level of economic development of the foreign country. (ii) The Trade Representative shall publish in the Federal Register any determination made under clause (i), together with a descrip- tion of the facts on which such determination is based. (D) For purposes of determining whether any act, policy, or practice is unreasonable, recip- rocal opportunities in the United States for foreign nationals and firms shall be taken into account, to the extent appropriate. (E) The term ‘‘export targeting’’ means any government plan or scheme consisting of a combination of coordinated actions (whether carried out severally or jointly) that are be- stowed on a specific enterprise, industry, or group thereof, the effect of which is to assist the enterprise, industry, or group to become more competitive in the export of a class or kind of merchandise. (F)(i) For the purposes of subparagraph (B)(i)(II), adequate and effective protection of intellectual property rights includes adequate and effective means under the laws of the for- eign country for persons who are not citizens or nationals of such country to secure, exer- cise, and enforce rights and enjoy commercial benefits relating to patents, trademarks, copy- rights and related rights, mask works, trade secrets, and plant breeder’s rights. (ii) For purposes of subparagraph (B)(i)(IV), the denial of fair and equitable nondiscrim- inatory market access opportunities includes restrictions on market access related to the use, exploitation, or enjoyment of commercial benefits derived from exercising intellectual property rights in protected works or fixations or products embodying protected works. (4)(A) An act, policy, or practice is unjustifi- able if the act, policy, or practice is in viola- tion of, or inconsistent with, the international legal rights of the United States. (B) Acts, policies, and practices that are un- justifiable include, but are not limited to, any act, policy, or practice described in subpara- graph (A) which denies national or most-fa- vored-nation treatment or the right of estab- lishment or protection of intellectual property rights. (5) Acts, policies, and practices that are dis- criminatory include, when appropriate, any act, policy, and practice which denies national or most-favored-nation treatment to United States goods, services, or investment. (6) The term ‘‘service sector access author- ization’’ means any license, permit, order, or other authorization, issued under the author- ity of Federal law, that permits a foreign sup- plier of services access to the United States market in a service sector concerned. (7) The term ‘‘foreign country’’ includes any foreign instrumentality. Any possession or territory of a foreign country that is adminis- tered separately for customs purposes shall be treated as a separate foreign country. (8) The term ‘‘Trade Representative’’ means the United States Trade Representative. (9) The term ‘‘interested persons’’, only for purposes of sections 2412(a)(4)(B), 2414(b)(1)(A), 2416(c)(2),1 and 2417(a)(2) of this title, includes, but is not limited to, domestic firms and workers, representatives of consumer inter- ests, United States product exporters, and any industrial user of any goods or services that Page 662 TITLE 19—CUSTOMS DUTIES § 2411 may be affected by actions taken under sub- section (a) or (b). (Pub. L. 93–618, title III, § 301, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 295; amended Pub. L. 98–573, title III, § 304(a)–(c), (f), Oct. 30, 1984, 98 Stat. 3002, 3005; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1164; Pub. L. 103–465, title III, § 314(a)–(c), title VI, § 621(a)(9), Dec. 8, 1994, 108 Stat. 4939, 4940, 4993; Pub. L. 104–295, § 20(c)(4), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 114–125, title VI, §§ 602(b)(1), 607, Feb. 24, 2016, 130 Stat. 184, 189.) Editorial Notes REFERENCES IN TEXT Section 2416(c)(2) of this title, referred to in subsec. (d)(9), was redesignated section 2416(d)(2) of this title by Pub. L. 114–125, title VI, § 602(a)(1), Feb. 24, 2016, 130 Stat. 184. PRIOR PROVISIONS A prior section 301 of Pub. L. 93–618, title III, Jan. 3, 1975, 88 Stat. 2041, which related to Presidential re- sponses to foreign import restrictions and export sub- sidies and which was classified to this section, was omitted in the general revision of chapter 1 of title III of Pub. L. 93–618 by Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 295. AMENDMENTS 2016—Subsec. (c)(1). Pub. L. 114–125, § 602(b)(1), in- serted ‘‘or section 2416(c) of this title’’ after ‘‘sub- section (a) or (b)’’ in introductory provisions. Subsec. (d)(3)(B)(iv). Pub. L. 114–125, § 607, added cl. (iv). 1996—Subsec. (c)(4). Pub. L. 104–295 substituted ‘‘para- graph (1)(D)(iii)’’ for ‘‘paragraph (1)(C)(iii)’’. 1994—Subsec. (a)(1). Pub. L. 103–465, § 314(a)(1), in- serted at end of concluding provisions ‘‘Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with re- spect to any other area of pertinent relations with the foreign country.’’ Subsec. (a)(2)(A). Pub. L. 103–465, § 621(a)(9), sub- stituted ‘‘the Dispute Settlement Body (as defined in section 3531(5) of this title) has adopted a report,’’ for ‘‘the Contracting Parties to the General Agreement on Tariffs and Trade have determined, a panel of experts has reported to the Contracting Parties,’’. Subsec. (b)(2). Pub. L. 103–465, § 314(a)(1), inserted at end ‘‘Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.’’ Subsec. (c)(1)(B) to (D). Pub. L. 103–465, § 314(b)(1), struck out ‘‘or’’ at end of subpar. (B), added subpar. (C), and redesignated former subpar. (C) as (D). Subsec. (c)(5). Pub. L. 103–465, § 314(a)(2), added intro- ductory provisions, reenacted subpar. (A) without change, and struck out former introductory provisions which read as follows: ‘‘In taking actions under sub- section (a) or (b) of this section, the Trade Representa- tive shall—’’. Subsec. (d)(3)(B)(i)(II) to (IV). Pub. L. 103–465, § 314(c)(1), added subcls. (II) to (IV) and struck out former subcls. (II) and (III) which read as follows: ‘‘(II) provision of adequate and effective protection of intellectual property rights, or ‘‘(III) market opportunities, including the toleration by a foreign government of systematic anticompetitive activities by private firms or among private firms in the foreign country that have the effect of restricting, on a basis that is inconsistent with commercial consid- erations, access of United States goods to purchasing by such firms,’’. Subsec. (d)(3)(F). Pub. L. 103–465, § 314(c)(2), added sub- par. (F). 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to actions by United States Trade Representative for provisions relating to determinations and action by President. 1984—Subsec. (a). Pub. L. 98–573, § 304(a), amended sub- sec. (a) generally, which prior to amendment provided that if the President determines that action by the United States is appropriate (1) to enforce the rights of the United States under any trade agreement; or (2) to respond to any act, policy, or practice of a foreign country or instrumentality that (A) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or (B) is unjustifiable, unreasonable, or discriminatory and bur- dens or restricts United States commerce; the Presi- dent shall take all appropriate and feasible action within his power to enforce such rights or to obtain the elimination of such act, policy, or practice and that ac- tion under this section may be taken on a nondiscrim- inatory basis or solely against the products or services of the foreign country or instrumentality involved. Subsec. (b)(1). Pub. L. 98–573, § 304(b)(1), struck out ‘‘and’’ at end. Subsec. (b)(2). Pub. L. 98–573, § 304(b)(2), (3), inserted ‘‘, notwithstanding any other provision of law,’’ and substituted ‘‘goods’’ for ‘‘products’’. Subsecs. (c), (d). Pub. L. 98–573, § 304(c), added subsec. (c) and redesignated existing subsecs. (c) and (d) as (d) and (e), respectively. Subsec. (e). Pub. L. 98–573, § 304(c), (f), redesignated subsec. (d) as (e), inserted ‘‘For purposes of this sec- tion—’’ before par. (1), in par. (1) substituted provisions defining ‘‘commerce’’ as including, but not limited to services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and foreign direct invest- ment by United States persons with implications for trade in goods or services for provision defining ‘‘com- merce’’ as including, but not limited to, services asso- ciated with international trade, whether or not such services are related to specific products, and added pars. (3) to (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 314(a)–(c) of Pub. L. 103–465 ef- fective on the date on which the WTO Agreement en- ters into force with respect to the United States (Jan. 1, 1995), see section 316(a) of Pub. L. 103–465, set out as an Effective Date note under section 3581 of this title. Amendment by section 621(a)(9) of Pub. L. 103–465 ef- fective on the date on which the WTO Agreement en- ters into force with respect to the United States (Jan. 1, 1995), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–418, title I, § 1301(c), Aug. 23, 1988, 102 Stat. 1176, provided that: ‘‘The amendments made by this section [enacting sections 2417 to 2419 of this title and amending this section and sections 2412 to 2416 of this title] shall apply to— ‘‘(1) petitions filed, and investigations initiated, under section 302 of the Trade Act of 1974 [19 U.S.C. 2412] on or after the date of the enactment of this Act [Aug. 23, 1988]; and ‘‘(2) petitions filed, and investigations initiated, be- fore the date of enactment of this Act, if by that date no decision had been made under section 304 [19 U.S.C. 2414] regarding the petition or investigation.’’ EFFECTIVE DATE Pub. L. 96–39, title IX, § 903, July 26, 1979, 93 Stat. 300, provided that: ‘‘The amendments made by sections 901 and 902 [enacting this subchapter and amending sec- tions 1872, 2192, and 2194 of this title] shall take effect on the date of the enactment of this Act [July 26, 1979]. Any petition for review filed with the Special Rep- Page 663 TITLE 19—CUSTOMS DUTIES § 2411 resentative for Trade Negotiations under section 301 of the Trade Act of 1974 (as in effect on the day before such date of enactment) [former section 2411 of this title] and pending on such date of enactment shall be treated as an investigation initiated on such date of en- actment under section 302(b)(2) of the Trade Act of 1974 (as added by section 901 of this Act) [section 2412(b)(2) of this title] and any information developed by, or sub- mitted to, the Special Representative before such date of enactment under the review shall be treated as part of the information developed during such investiga- tion.’’ Executive Documents EX. ORD. NO. 13155. ACCESS TO HIV/AIDS PHARMACEUTICALS AND MEDICAL TECHNOLOGIES Ex. Ord. No. 13155, May 10, 2000, 65 F.R. 30521, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 141 and chapter 1 of title III of the Trade Act of 1974, as amended (19 U.S.C. 2171, 2411–2420), section 307 of the Public Health Service Act (42 U.S.C. 242l), and section 104 of the Foreign Assist- ance Act of 1961, as amended (22 U.S.C. 2151b), and in ac- cordance with executive branch policy on health-re- lated intellectual property matters to promote access to essential medicines, it is hereby ordered as follows: SECTION 1. Policy. (a) In administering sections 301–310 of the Trade Act of 1974 [19 U.S.C. 2411–2420], the United States shall not seek, through negotiation or other- wise, the revocation or revision of any intellectual property law or policy of a beneficiary sub-Saharan Af- rican country, as determined by the President, that regulates HIV/AIDS pharmaceuticals or medical tech- nologies if the law or policy of the country: (1) promotes access to HIV/AIDS pharmaceuticals or medical technologies for affected populations in that country; and (2) provides adequate and effective intellectual prop- erty protection consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) referred to in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)). (b) The United States shall encourage all beneficiary sub-Saharan African countries to implement policies designed to address the underlying causes of the HIV/ AIDS crisis by, among other things, making efforts to encourage practices that will prevent further trans- mission and infection and to stimulate development of the infrastructure necessary to deliver adequate health services, and by encouraging policies that provide an incentive for public and private research on, and devel- opment of, vaccines and other medical innovations that will combat the HIV/AIDS epidemic in Africa. SEC. 2. Rationale: (a) This order finds that: (1) since the onset of the worldwide HIV/AIDS epi- demic, approximately 34 million people living in sub- Saharan Africa have been infected with the disease; (2) of those infected, approximately 11.5 million have died; (3) the deaths represent 83 percent of the total HIV/ AIDS-related deaths worldwide; and (4) access to effective therapeutics for HIV/AIDS is determined by issues of price, health system infrastruc- ture for delivery, and sustainable financing. (b) In light of these findings, this order recognizes that: (1) it is in the interest of the United States to take all reasonable steps to prevent further spread of infec- tious disease, particularly HIV/AIDS; (2) there is critical need for effective incentives to de- velop new pharmaceuticals, vaccines, and therapies to combat the HIV/AIDS crisis, including effective global intellectual property standards designed to foster phar- maceutical and medical innovation; (3) the overriding priority for responding to the crisis of HIV/AIDS in sub-Saharan Africa should be to im- prove public education and to encourage practices that will prevent further transmission and infection, and to stimulate development of the infrastructure necessary to deliver adequate health care services; (4) the United States should work with individual countries in sub-Saharan Africa to assist them in de- velopment of effective public education campaigns aimed at the prevention of HIV/AIDS transmission and infection, and to improve their health care infrastruc- ture to promote improved access to quality health care for their citizens in general, and particularly with re- spect to the HIV/AIDS epidemic; (5) an effective United States response to the crisis in sub-Saharan Africa must focus in the short term on preventive programs designed to reduce the frequency of new infections and remove the stigma of the disease, and should place a priority on basic health services that can be used to treat opportunistic infections, sexu- ally transmitted infections, and complications associ- ated with HIV/AIDS so as to prolong the duration and improve the quality of life of those with the disease; (6) an effective United States response to the crisis must also focus on the development of HIV/AIDS vac- cines to prevent the spread of the disease; (7) the innovative capacity of the United States in the commercial and public pharmaceutical research sectors is unmatched in the world, and the participa- tion of both these sectors will be a critical element in any successful program to respond to the HIV/AIDS cri- sis in sub-Saharan Africa; (8) the TRIPS Agreement recognizes the importance of promoting effective and adequate protection of intel- lectual property rights and the right of countries to adopt measures necessary to protect public health; (9) individual countries should have the ability to take measures to address the HIV/AIDS epidemic, pro- vided that such measures are consistent with their international obligations; and (10) successful initiatives will require effective part- nerships and cooperation among governments, inter- national organizations, nongovernmental organiza- tions, and the private sector, and greater consideration should be given to financial, legal, and other incentives that will promote improved prevention and treatment actions. SEC. 3. Scope. (a) This order prohibits the United States Government from taking action pursuant to sec- tion 301(b) of the Trade Act of 1974 [19 U.S.C. 2411(b)] with respect to any law or policy in beneficiary sub-Sa- haran African countries that promotes access to HIV/ AIDS pharmaceuticals or medical technologies and that provides adequate and effective intellectual prop- erty protection consistent with the TRIPS Agreement. However, this order does not prohibit United States Government officials from evaluating, determining, or expressing concern about whether such a law or policy promotes access to HIV/AIDS pharmaceuticals or med- ical technologies or provides adequate and effective in- tellectual property protection consistent with the TRIPS Agreement. In addition, this order does not pro- hibit United States Government officials from con- sulting with or otherwise discussing with sub-Saharan African governments whether such law or policy meets the conditions set forth in section 1(a) of this order. Moreover, this order does not prohibit the United States Government from invoking the dispute settle- ment procedures of the World Trade Organization to ex- amine whether any such law or policy is consistent with the Uruguay Round Agreements, referred to in section 101(d) of the Uruguay Round Agreements Act [19 U.S.C. 3511(d)]. (b) This order is intended only to improve the inter- nal management of the executive branch and is not in- tended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or in- strumentalities, its officers or employees, or any other person. WILLIAM J. CLINTON. Page 664 TITLE 19—CUSTOMS DUTIES § 2412 § 2412. Initiation of investigations (a) Petitions (1) Any interested person may file a petition with the Trade Representative requesting that action be taken under section 2411 of this title and setting forth the allegations in support of the request. (2) The Trade Representative shall review the allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on which the Trade Representative received the pe- tition, shall determine whether to initiate an in- vestigation. (3) If the Trade Representative determines not to initiate an investigation with respect to a pe- tition, the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register. (4) If the Trade Representative makes an af- firmative determination under paragraph (2) with respect to a petition, the Trade Represent- ative shall initiate an investigation regarding the issues raised in the petition. The Trade Rep- resentative shall publish a summary of the peti- tion in the Federal Register and shall, as soon as possible, provide opportunity for the presen- tation of views concerning the issues, including a public hearing— (A) within the 30-day period beginning on the date of the affirmative determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such pe- riod is requested in the petition, or (B) at such other time if a timely request therefor is made by the petitioner or by any interested person. (b) Initiation of investigation by means other than petition (1)(A) If the Trade Representative determines that an investigation should be initiated under this subchapter with respect to any matter in order to determine whether the matter is ac- tionable under section 2411 of this title, the Trade Representative shall publish such deter- mination in the Federal Register and shall ini- tiate such investigation. (B) The Trade Representative shall, before making any determination under subparagraph (A), consult with appropriate committees estab- lished pursuant to section 2155 of this title. (2)(A) By no later than the date that is 30 days after the date on which a country is identified under section 2242(a)(2) of this title, the Trade Representative shall initiate an investigation under this subchapter with respect to any act, policy, or practice of that country that— (i) was the basis for such identification, and (ii) is not at that time the subject of any other investigation or action under this sub- chapter. (B) The Trade Representative is not required under subparagraph (A) to initiate an investiga- tion under this subchapter with respect to any act, policy, or practice of a foreign country if the Trade Representative determines that the initiation of the investigation would be detri- mental to United States economic interests. (C) If the Trade Representative makes a deter- mination under subparagraph (B) not to initiate an investigation, the Trade Representative shall submit to the Congress a written report setting forth, in detail— (i) the reasons for the determination, and (ii) the United States economic interests that would be adversely affected by the inves- tigation. (D) The Trade Representative shall, from time to time, consult with the Register of Copyrights, the Under Secretary of Commerce for Intellec- tual Property and Director of the United States Patent and Trademark Office, and other appro- priate officers of the Federal Government, dur- ing any investigation initiated under this sub- chapter by reason of subparagraph (A). (c) Discretion In determining whether to initiate an inves- tigation under subsection (a) or (b) of any act, policy, or practice that is enumerated in any provision of section 2411(d) of this title, the Trade Representative shall have discretion to determine whether action under section 2411 of this title would be effective in addressing such act, policy, or practice. (Pub. L. 93–618, title III, § 302, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 296; amended Pub. L. 98–573, title III, § 304(d)(1), Oct. 30, 1984, 98 Stat. 3003; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1168; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(9)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584.) Editorial Notes PRIOR PROVISIONS A prior section 302 of Pub. L. 93–618, title III, Jan. 3, 1975, 88 Stat. 2043, which related to the procedure for Congressional disapproval of certain actions taken by the President to eliminate foreign import restrictions and export subsidies and which was classified to this section, was omitted in the general revision of chapter 1 of title III of Pub. L. 93–618 by Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 295. AMENDMENTS 1999—Subsec. (b)(2)(D). Pub. L. 106–113 substituted ‘‘Under Secretary of Commerce for Intellectual Prop- erty and Director of the United States Patent and Trademark Office’’ for ‘‘Commissioner of Patents and Trademarks’’. 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to initiating investiga- tions with or without petitions and discretion of Trade Representative for provisions relating to filing and de- terminations on petitions for investigations and inves- tigations initiated by Trade Representative. 1984—Pub. L. 98–573 amended section generally, sub- stituting ‘‘United States Trade Representative’’ and ‘‘Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’ and ‘‘Special Representative’’, respectively, substituting ‘‘the reasons’’ for ‘‘his rea- sons’’ in subsec. (b)(1), substituting ‘‘a summary’’ for ‘‘the text’’ in subsec. (b)(2), striking out the comma after ‘‘petitioner)’’ in subsec. (b)(2)(A), and inserting ‘‘or by any interested person’’ after ‘‘petitioner’’ in subsec. (b)(2)(B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731]